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

Vol. 154 WASHINGTON, WEDNESDAY, JUNE 25, 2008 No. 106 House of Representatives The House met at 10 a.m. and was For we ask this prayer, O Lord, in neutralize chapels, services, and memo- called to order by the Speaker pro tem- Your name. Amen. rials. Reverend Barringer has spoken pore (Mr. DAVIS of Alabama). f out against what he feels are overly ag- f gressive practices and guidelines, in THE JOURNAL fact. He resigned rather than imple- DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. The ment what he felt were discriminatory PRO TEMPORE Chair has examined the Journal of the policies. The SPEAKER pro tempore laid be- last day’s proceedings and announces Mr. Speaker, it is my hope that his fore the House the following commu- to the House his approval thereof. presence here today will help raise nication from the Speaker: Pursuant to clause 1, rule I, the Jour- awareness of these issues so that we WASHINGTON, DC, nal stands approved. may preserve the tenets and principles June 25, 2008. f that have served as the religious foun- I hereby appoint the Honorable ARTUR dation for so many of our veterans for DAVIS to act as Speaker pro tempore on this PLEDGE OF ALLEGIANCE so many years. day. NANCY PELOSI, The SPEAKER pro tempore. Will the f gentleman from Ohio (Mr. WILSON) Speaker of the House of Representatives. ANNOUNCEMENT BY THE SPEAKER f come forward and lead the House in the Pledge of Allegiance. PRO TEMPORE PRAYER Mr. WILSON of Ohio led the Pledge The SPEAKER pro tempore. The The Reverend Archie E. Barringer, of Allegiance as follows: Chair will entertain up to 15 further re- Veterans Medical Clinic, Fayetteville, I pledge allegiance to the Flag of the quests for 1-minute speeches on each North Carolina, offered the following United States of America, and to the Repub- side of the aisle. prayer: lic for which it stands, one nation under God, f Our Father, we thank You for this indivisible, with liberty and justice for all. JUSTICE REVIUS O. ORTIQUE grand and glorious occasion which has f brought us together. We thank You for (Mr. JEFFERSON asked and was WELCOMING REVEREND ARCHIE E. the privilege of living in a free country, given permission to address the House BARRINGER for the right to assemble to represent for 1 minute.) the will of our people, and to invoke The SPEAKER pro tempore. Without Mr. JEFFERSON. Mr. Speaker, the the laws of this great land. objection, the gentleman from North death of Justice Revius O. Ortique this We ask now for Your divine direc- Carolina (Mr. HAYES) is recognized for past Sunday marked the passing of a tion, wisdom, and guidance in all the 1 minute. true public servant and a selfless lead- issues that will come before this body There was no objection. er. A man of historic firsts, most nota- of legislators today. Mr. HAYES. Mr. Speaker, today, I bly the first African American member We know, O God, these are perilous rise to honor Reverend Archie of the Civil District Court of Louisiana times in which we live. We are con- Barringer and to thank him for being and the first African American member fronted and bombarded with opposition here today to deliver this morning’s of Louisiana’s Supreme Court, he and evil that threaten our very way of prayer. blazed a trail for others to follow. He life, from within and from without. Reverend Barringer has dedicated his was an outstanding lawyer, winning Grant us the courage combined with life to serving his country as a soldier, landmark civil rights cases, and serv- commitment, pride, tempered by hu- his fellow soldiers and veterans, his ing as president of the National Bar mility and dedication driven by deter- community, and most importantly the Association. He served our community mination to be the best, to stand in the Lord. as a leader of our Urban League and as gap, and to be all You would have us be I would like to thank all of our mili- chair of the New Orleans Aviation in order to protect, preserve, and de- tary chaplains for the exceptional serv- Board. He served our Nation, as an fend those freedoms God has intended ice and spiritual guidance to our sol- army officer and as an appointee to sig- for all mankind. And may we persevere diers, veterans, and their families. nificant Federal posts by five different until that day when we shall beat our Mr. Speaker, many of our veterans of Presidents. spears into pruning hooks, our swords Christian faith are complaining that Justice Ortique was a man of commu- into plowshares, and study war no they are being religiously nity, faith, and family. He was a man more. disenfranchised by the VA’s effort to who loved justice, and he pursued it for

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.

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VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6012 CONGRESSIONAL RECORD — HOUSE June 25, 2008 himself and for others his entire life. duced from these reserves would nearly Do we really believe the best way to Our Nation is better for his service, his double the total U.S. production. If oil deal with Iran’s nuclear facilities is to leadership, and his commitment to his companies drilled those 68 million blow them up? Where are our spiritual country. We pray God’s comfort for his acres, the U.S. could produce an addi- values? our moral sensibilities? Is di- wife of over 60 years, Miriam, his tional 4.8 million barrels a day. plomacy more dangerous? daughter, Rhesa, and her husband, Mr. Speaker, this week, we will have f Alden, and his grandchildren Chip, the opportunity to tell Big Oil to ei- BROADCASTER FREEDOM ACT Heidi, and Todd. ther use the leases they have or to lose f them. (Mr. PENCE asked and was given per- f mission to address the House for 1 SUCCESS WE CAN BUILD UPON minute and to revise and extend his re- (Mr. WILSON of South Carolina ENERGY INDEPENDENCE marks.) asked and was given permission to ad- (Mrs. CAPITO asked and was given Mr. PENCE. One year ago, over 300 dress the House for 1 minute and to re- permission to address the House for 1 Democrats and Republicans stood to- vise and extend his remarks.) minute and to revise and extend her re- gether to oppose efforts to restore the Mr. WILSON of South Carolina. Mr. marks.) so-called Fairness Doctrine to the air- Speaker, as we approach Independence Mrs. CAPITO. Mr. Speaker, I rise waves of this country for a single year. Day, I am grateful for the success of today, calling for expanded domestic It was an encouraging vote. But, fol- our troops in Iraq and in Afghanistan energy exploration and for a truly com- lowing that vote, I introduced the to protect American families by defeat- prehensive energy policy, including re- Broadcaster Freedom Act, which would ing terrorists overseas. With two sons newables. permanently ban the Fairness Doctrine who have served in Iraq and my former Access to oil and natural gas re- from ever coming back, and so far, not National Guard 218th Brigade in Af- sources from Federal lands and waters one single House Democrat has signed ghanistan, I know firsthand our mili- is critical to the energy supply of West our position for an up-or-down vote on tary’s accomplishments. Virginia consumers, businesses, and broadcast freedom. Now we know why. The Department of Defense reports homeowners. Specifically, the Outer Asked yesterday if she supported re- violence in Iraq has declined signifi- Continental Shelf will be increasingly viving the Fairness Doctrine, Speaker cantly. Security incidents have fallen important to our Nation’s energy fu- NANCY PELOSI replied, ‘‘Yes.’’ At a to their lowest level in 4 years. Civilian ture. Approximately 25 percent of U.S. meeting at the Christian Science Mon- deaths are down 75 percent from a year oil and natural gas production comes itor, she said that the Broadcaster ago, with the Iraqi military taking from offshore areas. Technology has al- Freedom Act would not receive a vote greater control over military oper- lowed the industry to explore deeper in because ‘‘the interest of my caucus is ations against al Qaeda and Iranian- the Gulf of Mexico and to make many the reverse.’’ backed militias. new discoveries. I say to Speaker PELOSI, with re- Increased security has led to in- However, current policy unneces- spect, defending freedom is the para- creased political and economic sarily keeps many promising prospects mount interest of every Member of the progress where Iraqis are sharing oil off limits, restraining additional American Congress. revenues, are developing and imple- growth and supplies. Congress and past I urge my Democrat colleagues to menting a budget, and are taking Presidents have put a stop to offshore take a stand for freedom. Oppose the greater financial responsibility for drilling and development. This must Democrat leadership’s plan to censure building their infrastructure. We end. With gas prices at more than $4 a the airwaves of American talk radio should recognize these achievements to gallon and filling up the minivan at and American Christian radio. Sign the eliminate terrorist safe havens so our $70, we simply cannot afford to delib- discharge petition for broadcast free- decisions here in Washington do not re- erately ignore our abundant resources. dom, and help us send the Fairness verse this progress, which would It is time to use our resources and to Doctrine to the ash heap of broadcast threaten our allies and American fami- use our common sense. history where it belongs. lies. f f In conclusion, God bless our troops, IS DIPLOMACY MORE DANGEROUS? BIG OIL DOESN’T NEED MORE and we will never forget September the LAND TO DRILL; THEY SHOULD 11th. (Mr. KUCINICH asked and was given USE IT OR LOSE IT f permission to address the House for 1 minute and to revise and extend his re- (Ms. SHEA-PORTER asked and was BIG OIL DOESN’T NEED MORE marks.) given permission to address the House LAND TO DRILL; THEY SHOULD Mr. KUCINICH. Yesterday, the value for 1 minute.) USE IT OR LOSE IT of shares on the Lisbon stock market Ms. SHEA-PORTER. Mr. Speaker, (Mr. WILSON of Ohio asked and was dropped amid rumors of a military at- every day, American consumers are given permission to address the House tack on Iran’s nuclear research facili- being squeezed at the pump. They can for 1 minute.) ties. no longer afford for Congress to be di- Mr. WILSON of Ohio. Mr. Speaker, The Bush administration has been vided on this issue. with gas prices reaching $4 a gallon and mindlessly threatening the use of nu- I urge every Member of Congress to rising, the American people are search- clear bunker busters on Iranian nu- support legislation on the floor that ing for real relief at the pump. While clear facilities. The Physicians for So- would compel the oil industry to drill Washington Republicans continue to cial Responsibility have analyzed the on the public lands it already controls. advocate for the same failed energy effect of such an attack: ‘‘Within 48 Big Oil would either have to produce policies that got us where we are hours, fallout would cover much of from these lands, would have to show today, Democrats are providing Amer- Iran, most of Afghanistan, and spread they are being diligent in their devel- ican consumers with real solutions. into Pakistan and India. Fallout from opment or would have to give up the We must increase drilling. I support a the use of a burrowing weapon such as right to control even more Federal en- new piece of legislation that says to oil the B61–11 would be worse than from a ergy resources. companies: Use it or lose it. Use the surface or air-burst weapon due to the Simply put, we are telling Big Oil to leases you have on land where we know extra radioactive dust and debris eject- either use it or lose it. there is oil or lose those leases to an ed from the blast site. In the imme- Experts estimate that 68 million oil company that is willing to drill. diate area of the two attacks, our cal- acres of leased land could produce 4.8 Oil companies that are raking in culations show that, within 48 hours, million barrels of oil, which would record profits are currently sitting on an estimated 2.6 million people would nearly double the Nation’s total oil 68 million acres of leased oil-rich Fed- die; over 10.5 million people would be production. eral land that they are not drilling. exposed to significant radiation from Congressional Republicans and Presi- The amount of oil which could be pro- fallout.’’ dent Bush are calling for domestic

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6013 drilling, saying it is the only solution Tourette syndrome and for their fami- isn’t he demanding that Big Oil use the to control high prices. Republicans lies. It is the first and only program of land they already have? should then be demanding that Big Oil its kind in the Nation, and it serves as Mr. Speaker, Republicans have re- drill on the 68 million acres where they a model for other centers. peated the same domestic drilling rhet- already have leases. In concert with the State legislature, oric for years. Tomorrow they have the Mr. Speaker, Americans have been they declared every Wednesday in New chance to act on that rhetoric and to deeply hurt by the prices at the pump. Jersey as Tourette Syndrome Day to tell Big Oil to either use it or lose it by Republicans should join with the call attention to this disorder. In order joining us in passing the Responsible Democrats and should tell Big Oil com- to continue to bring awareness to this Federal Oil and Gas Lease Act of 2008. panies to get to work now. disorder, today, I will introduce a reso- f f lution supporting the designation of a CRITICAL ENERGY NEEDS National Tourette Syndrome Day. WHO DO WE FIGHT? (Mr. STEARNS asked and was given f (Mr. POE asked and was given per- permission to address the House for 1 mission to address the House for 1 b 1015 minute and to revise and extend his re- marks.) minute.) LIFT BAN ON OFFSHORE DRILLING Mr. POE. Mr. Speaker, who do we Mr. STEARNS. Mr. Speaker, the U.S. faces a critical need to encourage do- fight against? We have been at war in (Mr. BARRETT of South Carolina mestic petroleum production. It seems Iraq and Afghanistan for years. We asked and was given permission to ad- as if the United States has unilaterally heard that we are fighting a war on dress the House for 1 minute.) disarmed itself in the competition for terror. But what does that mean? Who Mr. BARRETT of South Carolina. Mr. Speaker, last week, Senator JOHN energy supplies by imposing a host of are the people at war with America? unnecessary restrictions on domestic Now, after all this time, our govern- MCCAIN stated that we need to lift the Federal moratorium on offshore drill- oil and energy production. Indeed, in ment has decided we must have a po- the past three decades, we’ve thwarted litically correct name for our enemy. ing for oil and gas. President Bush also agreed that the U.S. needs to lift its construction of refineries and nuclear No longer can we use the term power plants that could have helped to ‘‘Jihadist,’’ the primary meaning being long-standing ban on offshore oil and gas drilling so we can increase our en- ease the competition for energy supply a holy war to subject the world to and that could have secured greater en- Islam. After all, using that term might ergy production here. I agree. We need to increase U.S. oil ergy independence for all of us. hurt our enemies’ feelings. Further, taxes on the major domestic production to lower gas prices for And certainly the most accurate oil producers lower incentives for new term, ‘‘Islamo-Fascists,’’ is strictly American families. Mr. Speaker, the investments, and they add more costs taboo because it might further anger U.S. has access to 112 billion barrels of to finished products at the pump. Fur- our enemies by insinuating they are a onshore and offshore oil and access to 1 thermore, there is growing doubt that bit radical when they murder in the to 2 trillion barrels of recoverable oil the recent rush to develop corn-based name of religion. shale. To ban exploration of these en- ethanol and other alternative and re- So the government insists that we ergy sources is simply outdated. newable energy sources will bring gen- call the bad guys ‘‘extremists’’ or ‘‘ter- The rise in gas prices has brought a uine relief or true energy security. By rorists.’’ daily increase in the cost of consumer creating a bonanza for corn growers That vague term won’t indicate the goods due to higher transportation and agribusiness giants, we have suc- war against us is waged in the name of costs, groceries and airfare. American ceeded in driving up food prices both in radical Muslim religious doctrine. But families are looking for relief, Mr. the United States and abroad. isn’t that the reason for this war? Speaker, and the President is correct American families deserve better The term ‘‘Jihadist’’ is not a reflec- when he said Americans are turning to from the Democrat-controlled Con- tion on all Muslims. After all, many Washington for solutions. The only gress. Muslims are literally fighting these way we can help these families is to lift f radical ideas. the ban on energy resources that we have here at home. PRESERVING HEALTH CARE In a war, we must specifically define ACCESS our enemy. Otherwise, we don’t know f who they are or why we fight. (Ms. GIFFORDS asked and was given BIG OIL: USE IT OR LOSE IT And that’s just the way it is. permission to address the House for 1 minute.) f (Mr. BRALEY of Iowa asked and was given permission to address the House Ms. GIFFORDS. Mr. Speaker, yester- SUPPORTING THE DESIGNATION for 1 minute and to revise and extend day, with my enthusiastic support, the OF A NATIONAL TOURETTE SYN- his remarks.) House passed the Medicare Improve- DROME DAY Mr. BRALEY of Iowa. Mr. Speaker, ments for Patients and Providers Act, (Mr. SIRES asked and was given per- the two men most responsible for our H.R. 6331. In Cochise County, which is a rural mission to address the House for 1 record prices at the pump today are part of my southern Arizona district, President Bush and Vice President minute.) access to primary health care is a real Mr. SIRES. Mr. Speaker, today, I rise CHENEY. They came to the White House challenge, but it is a challenge that to help raise awareness of Tourette from the executive suites of Big Oil, particularly impacts our seniors. syndrome. This is a misunderstood dis- and their energy policies continue to This legislation protects payments order that affects an unknown number mirror Big Oil’s agenda. for community physicians, for critical of Americans. The experts think that President Bush has, once again, hospitals and for ambulances in rural maybe 200,000 of us suffer from this called for drilling in ANWR even areas. In southern Arizona, these doc- neurological disorder; although no one though his own Energy Department has tors and hospitals provide vital serv- really knows because it is often said that opening up the Arctic would ices to our seniors throughout a very misdiagnosed. That is why we need to only save pennies per gallon 10 years rural part of America, including areas increase awareness and applaud those from now. Now the President has sug- like Naco, Sierra Vista, Douglas, and who work on a daily basis to make this gested opening up the Outer Conti- Bisbee, Arizona. one of the issues that we must be nental Shelf to drilling even though 80 I would like to take a moment to aware of. percent of the oil available there is al- thank members of my senior advisory In my home State, the New Jersey ready open to leasing. council and my health care advisory Center for Tourette Syndrome and As- Why would we give Big Oil access to council. They have worked diligently sociated Disorders provides an innova- more of our land and waters if they to highlight the need for improving ac- tive, multidisciplinary, multi-institu- refuse to drill on the 68 million acres cess to health care for our seniors, es- tional approach to the treatment for they have now? If President Bush be- pecially in underserved and remote those in New Jersey who have the lieves that drilling is the answer, why areas.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6014 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Yesterday was a good day in the Mr. FORTENBERRY. Mr. Speaker, I for 1 minute and to revise and extend House of Representatives. I urge my would like to commend my colleague her remarks.) colleagues in the Senate to take swift Congressman LEE TERRY for intro- Mrs. BLACKBURN. Mr. Speaker, in action this week to also pass this legis- ducing the resolution expressing heart- middle Tennessee today, you are going lation and to send it to the President. felt sympathy for the victims and fami- to pay about $3.93 for a gallon of gas. f lies following the tornado that hit Lit- My constituent families know that this price is outrageous, and they know CNN HOST SAYS MEDIA BIASED tle Sioux, Iowa. On June 11, we were given a stark re- that now they are being faced with (Mr. SMITH of Texas asked and was minder of just how fragile life is. In 1 choices: How much are they going to given permission to address the House minute, the Boy Scouts at the Little put in the tank or how much are they for 1 minute.) Sioux Scout Ranch were attending a going to put in that grocery cart when Mr. SMITH of Texas. Mr. Speaker, leadership camp, Boy Scouts undoubt- they go to the grocery store? This is Howard Kurtz, host of CNN’s program edly filled with joy, laughter and unacceptable, and my constituents ‘‘Reliable Sources,’’ has strongly criti- achievement, all of those wonderful know that. cized the media’s coverage of Senator things that make scouting a core ideal They also know that there are some BARACK OBAMA’s breaking his promise of America. In the next minute, a tor- things that we could and should be that he would accept public campaign doing. May I offer a suggestion to that, nado tore through the camp, taking funds. Mr. Speaker. Here is a simple way to the lives of 4 Boy Scouts and injuring Last Sunday, Kurtz argued: ‘‘All of start: these liberal commentators who have 40 others. To the Democrat leadership, admit always supported campaign finance re- The four scouts who lost their lives— you made a mistake, and repeal the so- form, getting big money out of politics, Aaron Eilerts from West Point, Ne- called Energy Independence and Secu- many of them are defending OBAMA. braska, and Josh Fennen, Sam rity Act that you passed last December And I have to think the press is cutting Thomsen and Ben Petrzilka from that didn’t produce one bit of oil or gas him a break here.’’ Omaha—were exemplary young men. or move anything to the marketplace. Kurtz concluded the segment by say- After the tornado struck, many other It put in place roadblocks, and we have ing, ‘‘If George W. Bush had done this, young men applied first aid to the in- far too many roadblocks to putting gas blown off public financing as he consid- jured and worked to free those trapped into the pumps and into our cars. ered doing during the 2004 campaign, in the rubble. Clearly, the scouts lived Specifically, let’s repeal section 526 there would be howls in the media up to their motto, ‘‘Be prepared.’’ of this so-called Energy Policy Act, about one candidate trying to buy an Mr. Speaker, may God bring comfort and let’s get rid of a roadblock that election.’’ to the families and friends of those who makes it more difficult for the U.S. A recent poll found that, by more lost loved ones that day. Government to address the needs that than a 3-to-1 margin, voters believe the f we have and, certainly, for our Air media favors Senator BARACK OBAMA Force. HONORING OFFICER JOSE RIVERA over Senator JOHN MCCAIN. The media There are many things that we could should report the facts, not slant the (Mr. CARDOZA asked and was given and should be doing before we leave for news. permission to address the House for 1 July 4. There are things that we could f minute.) and should be doing to make certain Mr. CARDOZA. Mr. Speaker, it is that our constituents have a safer July EXPLORING, ELIMINATING AND with great sadness that I rise today to 4th celebration. ENCOURAGING honor the late Jose Rivera, a correc- Let’s reduce the price at the pump. (Mr. PERLMUTTER asked and was tional officer at the Federal peniten- f given permission to address the House tiary in Atwater, California. DEMOCRATS HELP REBUILD for 1 minute.) Officer Rivera’s life was taken by two ECONOMY Mr. PERLMUTTER. Mr. Speaker, inmates on Friday, June 20, 2008. He there have been a lot of complaints by was 22 years old. He is survived by his (Mr. JOHNSON of Georgia asked and the Republican side of the aisle as to mother, Terry, by his sisters Teresa, was given permission to address the the increase in gas prices, but I would Martha and Angelica and by his broth- House for 1 minute and to revise and have to say: Is it any wonder that gas er, Daniel. extend his remarks.) prices have increased with two oil men After graduating from Le Grand High Mr. JOHNSON of Georgia. Mr. Speak- in the White House? The question is er, with the price of groceries, gasoline School, he served for 4 years in the what is being done. I would say it is the and health care rising every day, Navy, completing two tours of duty in three E’s. Americans everywhere are feeling the Iraq, and he began his career as a cor- First, explore the 68 million acres economic squeeze. They worry about rectional officer on August 5, 2007. His that are under lease to the oil compa- losing their jobs and their homes, and nies today. Let’s extract the oil that life of service was cut tragically short. they fear losing their standard of liv- we have under lease and not go explore Mr. Speaker, I have long voiced my ing. ANWR or the Outer Continental Shelf. concerns, most recently in a letter I The Democratic Congress has led the Two, eliminate the gouging and the sent in April to the director of the Bu- way in working to jump start the hoarding and the speculating that is reau of Prisons, about the lack of suffi- American economic recovery by ap- going on that is increasing the price of cient resources and staff to safely oper- proving $107 billion in stimulus checks oil per barrel by $60 or $70 per barrel. ate our Federal prisons. that have already reached 76 million The third E, encourage alternatives. The fact is that staffing levels are de- homes. We can no longer be hooked on just one creasing while inmate populations are With job losses exceeding 324,000 this commodity. We have to have other ap- increasing. The Atwater Penitentiary year, with 48,000 having been lost in the proaches and other ways to power this is operating at 85 percent of the staff- month of May alone, we acted quickly Nation or we will have to learn this ing level and is at 25 percent over- last week to extend unemployment lesson over and over and over again. capacity for inmate levels. benefits for millions of workers who That is what the Democratic Congress As we honor Officer Rivera’s legacy are having a hard time finding a job. is doing—exploring what we have, of commitment and service to our These benefits will help struggling eliminating the gouging and encour- country, his senseless death is a re- families put food on the table and gas aging alternatives. minder that we must provide adequate in their cars. f funds to keep our prisons and our com- Congress has passed the most com- munities safe. prehensive legislation responding to BOY SCOUT TRAGEDY AT LITTLE f the devastating housing crisis. The SIOUX RANCH package will help millions of families (Mr. FORTENBERRY asked and was REDUCE PRICE AT THE PUMP avoid foreclosure, and it will rehabili- given permission to address the House (Mrs. BLACKBURN asked and was tate properties in areas hit hard by the for 1 minute.) given permission to address the House housing crisis.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6015 Mr. Speaker, this is a good begin- our educators and on our community. E-PRESCRIBING AND ITS POTEN- ning, but we must do more to alleviate And I wish him well. TIAL TO IMPROVE QUALITY AND the economic hurt Americans are en- Thank you, Superintendent Dan HEALTH OUTCOMES IN OUR during, and we must work together to Nerad. HEALTH CARE SYSTEM turn the failed Bush-McCain economy f (Ms. SCHWARTZ asked and was around. given permission to address the House f KOREAN WAR ANNIVERSARY for 1 minute and to revise and extend her remarks.) b 1030 (Mr. ROYCE asked and was given per- Ms. SCHWARTZ. Mr. Speaker, under DRILL HERE, DRILL NOW, PAY mission to address the House for 1 the Democratic-controlled Congress, LESS minute.) the country is moving in a new direc- Mr. ROYCE. On this day, on this very tion. Improvements in our health care (Mr. DANIEL E. LUNGREN of Cali- day 58 years ago, North Korea invaded fornia asked and was given permission delivery system are key parts of this South Korea. Over the course of the new direction. to address the House for 1 minute and next 3 years after that invasion until to revise and extend his remarks.) I applaud my colleagues for an over- July 27 of 1953, until that armistice whelming bipartisan victory yesterday Mr. DANIEL E. LUNGREN of Cali- brought a halt to the fighting, more fornia. Mr. Speaker, I have been in- in support of our Nation’s seniors, dis- than 36,000 Americans died, and more abled and health care providers. formed that the rules of the House do than 1.5 million South Korean soldiers not allow me to wear a lapel pin or a The Medicare bill we passed yester- and civilians became casualties of that day will not only prevent the impend- lapel sign, so I had to take this off. I act of aggression. was going to use this chart, but I ing physician fee cut, but it will also In the aftermath of this conflict, the strengthen Medicare and will provide thought, maybe, since the rules allow Republic of Korea has flourished, be- it, I would take this pin off and put it more accessible access to service and coming the world’s 11th largest econ- will promote improved patient safety here so people can see what it says. It omy and becoming the United States’ says, simply, ‘‘Drill here. Drill now. and health outcomes. 7th largest trading partner. Seoul is a I’m proud to be a leader in Congress Pay less.’’ vibrant city which has hosted the in promoting health technology. The It is also symbolic of the smallness of Olympic Games and the World Cup. legislation I introduced last year, the area that would be affected if we As cochairman of the U.S.-Republic which was included in the Medicare bill went offshore or if we went to ANWR. of Korea Interparliamentary Exchange, yesterday, promotes the use of E-pre- It would have to be about a pin dot I have had the chance to see this mi- scribing by Medicare providers. Elec- here of this size to display what it raculous growth up close in South tronic prescribing will eliminate inju- would actually represent in ANWR Korea. ries, hospitalizations and mortalities versus all of Alaska. Mr. Speaker, as is inscribed in the that occur each year as a result of 1.5 Drill here in the United States. Korean War Memorial here in Wash- million prescription errors annually. American resources. Drill now, not 20 ington, D.C., it is important that we The use of E-prescribing is smart; it years from now, not 30 years from now. never forget those who nobly sacrificed is timely, and it is a major step for- Now. Pay less. As the futures market their lives for the cause of freedom and ward in expanding the use of electronic would look at the change in policy and liberty. medical records. It has the potential to would recognize that we’re no longer improve quality, to improve health going to hamstring ourselves, they f outcomes and to reduce costs in our would begin to understand that prices health care system. would not go up as fast as they have UNEMPLOYMENT INSURANCE NEC- ESSARY FOR 3.8 MILLION JOB- I urge the Senate to pass and accept been going, and we would begin to pay our legislation. less. LESS AMERICANS Drill here. Drill now. Pay less for the (Mr. PAYNE asked and was given f American people. permission to address the House for 1 DEMOCRATS OFFER A NEW EN- f minute and to revise and extend his re- ERGY POLICY THAT REJECTS marks.) THE FAILED POLICIES OF THE HONORING SUPERINTENDENT DAN Mr. PAYNE. Mr. Speaker, with the PAST NERAD Bush economy losing 325 jobs so far (Mr. ELLISON asked and was given (Mr. KAGEN asked and was given this year, it is important for the House permission to address the House for 1 permission to address the House for 1 to extend a financial lifeline to mil- minute and to revise and extend his re- minute.) lions of unemployed workers, many in marks.) Mr. KAGEN. Mr. Speaker, for those, my home State of New Jersey and Mr. ELLISON. Mr. Speaker, with two like me, who believe in the invaluable across the Nation, who are having former oil executives in the White resource that is our public schools, it is trouble finding jobs. Today, 1.6 million House, is it any wonder why gas prices a bittersweet time in the Green Bay Americans have exhausted all of their are at a record high? President Bush’s School District. Dan Nerad, the super- unemployment benefits. The numbers energy policy, created in secret by Vice intendent of the largest public school are expected to grow to more than 3 President CHENEY and by Big Oil, system in my district for the past 7 million Americans by the end of this leaves us dangerously dependent on years, is leaving to assume a similar year. foreign oil, and it hurts our economy position in Madison, Wisconsin. Last week, with strong support from and American families. Dan began his career in Green Bay 33 both Democrats and Republicans, this Washington Republicans only offer years ago. He is known for his intel- House passed legislation giving work- more drilling, even though 68 million ligence, for his integrity and for his ers and their families an extended 13 acres of Federal oil reserves are al- candor. He tackled the toughest prob- weeks of benefits so that they don’t ready open and leased for development. lems of our time in Wisconsin—school have to worry about losing their homes New drilling won’t lower prices for security and the achievement gap be- and their cars while they’re looking for years to come. In fact, drilling in the tween minority and Caucasian stu- work. pristine Alaskan Wildlife Refuge dents—while at the same time dealing For weeks, despite continued bad wouldn’t yield oil for 10 years, and in 22 with a shrinking financial resource. economic news and huge job losses in years, it would only save consumers While his leadership will be missed, the airline and auto industries, the about 2 cents a gallon. he is to be congratulated for taking the White House actually threatened to Mr. Speaker, if congressional Repub- next step in an already distinguished veto the legislation. Fortunately, they licans really are interested in helping career. Green Bay’s loss will almost have reconsidered, and they are now consumers at the pump today, they certainly be Madison’s gain. He leaves supporting that the unemployment in- will join us this week in passing legis- an indelible mark on our children, on surance will continue. lation that forces Big Oil to either drill

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6016 CONGRESSIONAL RECORD — HOUSE June 25, 2008 where they already have leases or to H. RES. 1298 current Democratic Governor of Michi- lose those leases. It’s time Big Oil uses Resolved, That upon the adoption of this gan, Jennifer Granholm, has also ap- it or loses it. resolution it shall be in order to consider in proved the deal. the House the bill (H.R. 2176) to provide for f Under these bills, both tribes have and approve the settlement of certain land agreed to relinquish their claims to MESSAGE FROM THE SENATE claims of the Bay Mills Indian Community. land in Charlotte Beach, located in A message from the Senate by Ms. All points of order against consideration of the bill are waived except those arising Michigan’s Upper Peninsula, in ex- Curtis, one of its clerks, announced under clause 9 or 10 of rule XXI. In lieu of the change for a parcel of land outside of that the Senate has passed without amendment in the nature of a substitute rec- Port Huron, Michigan. The agreement amendment bills and a concurrent res- ommended by the Committee on Natural Re- reached between the tribes and the olution of the House of the following sources now printed in the bill, the amend- State allows the tribes to conduct gam- titles: ment in the nature of a substitute printed in ing on their new land. H.R. 430. An act to designate the United the report of the Committee on Rules accom- If approved by Congress and the States bankruptcy courthouse located at 271 panying this resolution shall be considered President, this agreement secures the Cadman Plaza East in Brooklyn, New York, as adopted. The bill, as amended, shall be private ownership rights of the Char- as the ‘‘Conrad B. Duberstein United States considered as read. All points of order lotte Beach land in question and will Bankruptcy Courthouse’’. against provisions of the bill, as amended, are waived. The previous question shall be help to restore the fair market value of H.R. 781. An act to redesignate Lock and the land. It will also provide the two Dam No. 5 of the McClellan-Kerr Arkansas considered as ordered on the bill, as amend- River Navigation System near Redfield, Ar- ed, to final passage without intervening mo- tribes with an opportunity to help cre- kansas, authorized by the Rivers and Har- tion except: (1) one hour of debate, with 40 ate jobs and economic opportunities in bors Act approved July 24, 1946, as the ‘‘Colo- minutes equally divided and controlled by Port Huron while further providing for nel Charles D. Maynard Lock and Dam’’. the chairman and ranking minority member their membership. H.R. 1019. An act to designate the United of the Committee on Natural Resources and The underlying bill conforms with States customhouse building located at 31 20 minutes equally divided and controlled by the Indian Gaming Regulatory Act, Gonzalez Clemente Avenue in Mayagu¨ ez, the chairman and ranking minority member and the land being given to the two of the Committee on the Judiciary; and (2) Puerto Rico, as the ‘‘ Rafael Martıˇnez Nadal tribes was selected by the State of United States Customhouse Building’’. one motion to recommit with or without in- H.R. 2728. An act to designate the station structions. Michigan as appropriate places for eco- of the United States Border Patrol located at SEC. 2. During consideration of H.R. 2176 nomic development. 25762 Madison Avenue in Murrieta, Cali- pursuant to this resolution, notwithstanding Mr. Speaker, the underlying legisla- fornia, as the ‘‘Theodore L. Newton, Jr. and the operation of the previous question, the tion is nothing new. Under the Con- George F. Azrak Border Patrol Station’’. Chair may postpone further consideration of stitution, only Congress—not the De- H.R. 3712. An act to designate the United the bill to such time as may be designated by partment of the Interior or a Federal States courthouse located at 1716 Spielbusch the Speaker. court—holds the power to settle Indian Avenue in Toledo, Ohio, as the ‘‘James M. The SPEAKER pro tempore. The gen- land title and claims. As such, Con- Ashley and Thomas W.L. Ashley United tleman from Florida is recognized for 1 States Courthouse’’. gress has taken similar action in at hour. least 14 different instances in recent H.R. 4140. An act to designate the Port An- Mr. HASTINGS of Florida. Mr. geles Federal Building in Port Angeles, years when there have been disputed Washington, as the ‘‘Richard B. Anderson Speaker, for the purpose of debate land claim settlements. Not once in Federal Building’’. only, I yield the customary 30 minutes those instances did Congress prohibit a H. Con. Res. 32. Concurrent resolution hon- to my friend, the gentleman from tribe from conducting gaming on the oring the members of the United States Air Washington, Representative HASTINGS. tribal lands. We also never forced a Force who were killed in the June 25, 1996, All time yielded during consideration tribe to jump through hoops to exercise terrorist bombing of the Khobar Towers of the rule is for debate only. I yield United States military housing compound its right to do what it wishes on its myself such time as I may consume. own land. I see no reason why we near Dhahran, Saudi Arabia. I also ask unanimous consent that all The message also announced that the should start now. Members be given 5 legislative days in Mr. Speaker, I have little doubt that Senate has passed bills of the following which to revise and extend their re- today’s debate on this issue will be titles in which the concurrence of the marks on House Resolution 1298. both spirited and intense. Nevertheless, House is requested: The SPEAKER pro tempore. Is there I am hopeful that the House will do the S. 2403. An act to designate the new Fed- objection to the request of the gen- right thing and pass this rule and the eral Courthouse, located in the 700 block of tleman from Florida? East Broad Street, Richmond, Virginia, as There was no objection. underlying legislation. the ‘‘Spottswood W. Robinson III and Robert Mr. HASTINGS of Florida. Mr. b 1045 R. Merhige, Jr. Federal Courthouse’’. Speaker, House Resolution 1298 pro- Mr. Speaker, I reserve the balance of S. 2837. An act to designate the United vides for consideration of H.R. 2176, a States courthouse located at 225 Cadman my time. Plaza East, Brooklyn, New York, as the bill which provides for, and approves, Mr. HASTINGS of Washington. Mr. ‘‘Theodore Roosevelt United States Court- the settlement of certain land claims Speaker, I want to thank my friend house’’. of the Bay Mills Indian Community. and namesake from Florida, the other S. 3009. An act to designate the Federal Bu- In lieu of the substitute reported by Mr. HASTINGS, for yielding me the cus- reau of Investigation building under con- the Committee on Natural Resources, tomary 30 minutes, and I yield myself struction in Omaha, Nebraska, as the ‘‘J. the rule makes in order the substitute as much time as I may consume. James Exon Federal Bureau of Investigation printed in the Rules Committee report. (Mr. HASTINGS of Washington asked Building’’. The Rules substitute consists of the S. 3145. An act to designate a portion of and was given permission to revise and United States Route 20A, located in Orchard text of H.R. 2176 with that same lan- extend his remarks.) Park, New York, as the ‘‘Timothy J. Russert guage and the text of H.R. 4115 as re- Mr. HASTINGS of Washington. Mr. Highway’’. ported by the Committee on Natural Speaker, this bill deals specifically f Resources. That bill provides for, and with Indian land claims settlements in approves, the settlement of certain Michigan and designating new tribal PROVIDING FOR CONSIDERATION land claims of the Sault Sainte Marie trust lands that will be used to open OF H.R. 2176, BAY MILLS INDIAN Tribe of Chippewa Indians. any new Indian casinos in two Michi- COMMUNITY LAND CLAIMS SET- This is a fair rule, and it gives the gan towns. TLEMENT proponents and opponents of the two The Michigan delegation is split in Mr. HASTINGS of Florida. Mr. Michigan Indian land claims bills a their support and opposition to this Speaker, by direction of the Com- straight up-or-down vote on the bills. legislation, with the two Representa- mittee on Rules, I call up House Reso- Mr. Speaker, the underlying legisla- tives whose districts will become home lution 1298 and ask for its immediate tion seeks to settle a land claim agree- to the new casinos being strongly in consideration. ment which was reached in 2002 by the favor of this proposal. The Clerk read the resolution, as fol- then-Republican Governor of Michigan Generally, Mr. Speaker, it has been lows: John Engler and the two tribes. The my long-held view that when it comes

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6017 to matters that affect individual con- jected without input from the citizens I am very pleased, Mr. Speaker, to gressional districts that the House of the State or a vote of the State leg- yield 2 minutes to my very good friend should give great consideration and islature. Some would say, well, your from Nevada (Ms. BERKLEY). deference to the views of the Rep- Governor made a terrible deal, and I Ms. BERKLEY. Mr. Speaker, I rise in resentatives elected by the voters in would, of course, wholeheartedly agree. strong opposition to H.R. 2176. those districts. But there is something seriously wrong I believe this bill will lead to an un- However, I know many of my col- if a law allows giveaways of this mag- precedented expansion of off-reserva- leagues join me in having various seri- nitude to Indian casinos. tion Indian gaming by offering a blue- ous concerns about our Nation’s bro- But instead of allowing the House to print to any Indian tribe that wants to ken Indian gaming law, as well as the discuss and consider amendment on the circumvent the laws regulating Indian troubling issue of Indian tribes seeking larger issues of revenue sharing, com- gaming in order to build a casino out- to acquire new, prime locations to open pact negotiations, and off-reservation side the boundaries of its sovereign ter- casinos where no business or interest gaming, today’s debate is restricted ritory. would be allowed to do so otherwise, just to Michigan. And let me show you, Mr. Speaker, and doing this without the ability of Meanwhile, the liberal leaders of this what I’m talking about. We are looking the local community to have a say in House continue to refuse to let Rep- at the two Indian reservations that the expansion of gambling in their resentatives consider and vote on solu- have requested this special interest community. tions to lower the price of gas in our legislation. The land they are talking These aren’t just matters affecting country. about is hardly an ancestral part of Michigan. They affect States across Prices are skyrocketing. In Florida, their reservation. It is 350 miles away the Nation. Yet, this House is not being the average price for a gallon of un- from their ancestral lands where they permitted to debate needed improve- leaded regular gasoline is $4.03. In already have a casino. ments to Federal Indian gaming law. Michigan, it’s $4.07. In my State of As a Las Vegas Representative in This totally closed rule blocks every Washington, it’s $4.33. That’s 31 cents Congress, I do not oppose gaming. I can single Member of this House from com- higher than just a month ago and $1.20 attest to the positive impact that gam- ing to the floor and offering an amend- higher than a year ago. ing can have on a community. I have ment to this bill. The House is being Mr. Speaker, our Nation needs to no problem with other communities produce more American-made energy. severely restricted and is spending its trying to replicate the Las Vegas expe- We have the resources and technology time refereeing a parochial Michigan rience, and I support the right of tribes to do it now. Now we just need to get dispute instead of addressing the larg- to participate in gaming on their res- the will of Congress here to allow it. er, more serious matters confronting ervations, as both of these tribes al- For far too long, our Nation’s reserves other States. ready do. have been off limits. We can’t afford This violates the promises made by But the bill we are considering today these policies anymore, Mr. Speaker. the liberal leaders of this House to the is an attempt to circumvent the Indian America has abundant reserves in American people to operate in an open Alaska, in the West and offshore. Let’s Gaming Regulatory Act, using a bogus manner. This is not an open process, produce more oil and natural gas here land claim, a bogus land claim that has Mr. Speaker. It’s a closed process. It’s in our country. already been tossed out of State court not open when debate is restricted only But of course, this isn’t the only an- and Federal court, and the result if to Michigan when, in fact, there are swer. We need to invest in more nu- this bill passes will be two new off-res- very serious issues affecting many clear power, hydropower, wind, solar, ervation casinos more than 350 miles States all across this country. and other new energy sources. But all from the lands of these two tribes. Congress created the ability of Indian of this needs to happen in addition to Now, why are they coming to Con- tribes to get special treatment in open- tapping our own oil and gas reserves. gress? Because they have lost in State ing casinos, and we’ve got a duty to po- Gas prices just keep going up and the court. They have lost in Federal court. lice this process. liberal leaders of this Congress just They do not comply with the Indian The Federal Indian Gaming Regu- can’t say ‘‘no’’ to American-made en- Gaming Regulatory Act. So what do latory Act is broken and needs im- ergy anymore. you do if you want a casino 350 miles provement. The simple fact the House Let the House debate proposals to away from your reservation? You find is spending several hours today debat- generate more energy here in America. a friendly Congressman to introduce ing this Michigan matter is evidence Stop blocking a House vote on tapping special interest legislation in Congress. that the law is broken. into America’s oil and gas reserves The SPEAKER pro tempore. The If the House is going to spend time while the price of gasoline climbs high- time of the gentlewoman from Nevada debating this subject, we should be fix- er and higher. has expired. ing the larger problem. And if Congress So, Mr. Speaker, I will urge my col- Mr. HASTINGS of Florida. I yield the is going to spend its precious time re- leagues to vote ‘‘no’’ on the previous gentlelady 1 additional minute. solving a Michigan dispute, then we question so that the House can right Ms. BERKLEY. How do we know this could use some real help in the State of away debate solutions to our higher land claim is bogus? In his testimony Washington, my home State, where the gasoline prices. before Congress in 2002, the chairman citizens are seeing a dramatic expan- With that, I reserve the balance of of the Sault Saint Marie Tribe called sion of Indian gaming, more casinos, my time. this land deal ‘‘shady,’’ ‘‘suspicious’’ bigger casinos, higher betting limits, Mr. HASTINGS of Florida. Mr. and ‘‘a scam,’’ until his tribe partnered with big profits being collected, and Speaker, I would urge my friend from up with the shady, suspicious land yet our State doesn’t get one dime in Washington—I understand his passion deal, and all of a sudden switched his revenue sharing. and the need to stay on message about position. One of the reasons the proponents of gas prices, but we’re here talking about But more than 60 tribes across this this Michigan legislation, including House Resolution 1298, which is the country have announced their opposi- the State’s Governor, argue in favor of Bay Hills Indian Community, the land tion to H.R. 2176, in which Congress for creating this new tribal land and two settlement matter with the State of the first time would allow a tribe to ex- new casinos is because it will bring in Michigan, and a bill that came out of pand its reservation into the ancestral millions of dollars in more revenue to Natural Resources. lands of another tribe for the express the government of Michigan. My friend is insistent that we do purpose of gaming. Yet, in my home State of Wash- something about oil. Well, when the This bill is opposed by the Depart- ington, our State government gets Democrats on yesterday tried to pass ment of the Interior, the NAACP, nothing from Indian casinos that gen- price gouging, it was the Republicans UNITE HERE, and a unanimous House erate over $1.3 billion a year in rev- that categorically rejected it. It’s kind Judiciary Committee. To sum up the enue. In fact, there was a proposed rev- of hard to do something when people issue: Congress is being asked to pass enue sharing of $140 million a year that won’t let you do nothing, particularly special interest legislation benefiting the Governor of Washington State re- in the other body. two tribes, each of which already has

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6018 CONGRESSIONAL RECORD — HOUSE June 25, 2008 gaming, based on a suspect land claim three, period. And those districts are The truth is that it actually, the ref- that has already been thrown out of Mr. STUPAK’s and my district and Mr. erendum—and as a former Secretary of court, so they can open casinos hun- DINGELL’s. State, I understand what ballot lan- dreds of miles from their ancestral These bills are offered in the spirit of guage actually says—it says, ‘‘Specify lands, in direct competition with exist- bipartisanship, and they are offered to that voter approval requirement does ing facilities. settle a land claim that has existed in not apply to Indian Tribal gaming.’’ Mr. Speaker, I am honored to be here today our State of Michigan, actually, for So clearly, most of the opposition, with Chairman CONYERS and Congresswoman well over 100 years, about 150 years, Mr. Speaker, to these bills comes from KILPATRICK to share my opposition to H.R. when the State literally stole land those who already have theirs, and 2176. I believe this bill will result in an unprec- from the Indians. they don’t want anybody else to have edented expansion of off-reservation Indian And after the Indians spent decades it. seeking justice, the land claim settle- gaming by offering a blueprint to any Indian b 1100 tribe that wants to circumvent the laws regu- ment was negotiated by former Gov- lating Indian gaming in order to build a casino ernor John Engler, and here is what he They don’t want competition. And I outside the boundaries of its sovereign terri- had to say about it, Mr. Speaker. think that is un-American. This bill is tory. He said: ‘‘As Governor of Michigan, it about fairness and opportunity for an As Las Vegas’s representative in Congress, was my duty to negotiate the land set- area that desperately needs it. It is I do not oppose gaming. I can attest to the tlement agreements between the State about justice. positive impact that gaming can have on a of Michigan and Bay Mills and the The city of Port Huron is home to community. I have no problem with other com- Sault Tribe in 2002 . . . In December of the Blue Water Bridge, which is the munities trying to replicate the Las Vegas ex- 2002, I signed the agreement with the second busiest commercial artery on perience, and I support the right of tribes to Sault Tribe. I am proud that every con- the Northern Tier. It is the only inter- participate in gaming on their reservations, as cerned party involved in this settle- national crossing where there is a gam- both of these tribes already do. But the bill we ment supports this agreement. This is ing facility on the Canadian side and are considering today is an attempt to cir- a true example of a State and the there is not one on the U.S. side. And Tribes promoting cooperation rather cumvent the Indian Gaming Regulatory Act if you were a very good golfer—maybe than conflict.’’ using a bogus land claim that has already not me, but a good golfer—you could I think it is important to note that hit a golf ball and hit that Canadian been tossed out of both Federal and State these bills are supported by every court, and the result if the bill passes will be casino facility right now where 80 per- elected official who represents the City cent of the revenues comes from Amer- two new off-reservation casinos more than of Port Huron, including the current 350 miles from the lands of these two tribes. ica. Those are U.S. dollars and U.S. Governor, Jennifer Granholm, both jobs that are being sent right across And beyond that, if this bill becomes law, any United States Senators, myself, the one of the more than 500 recognized Native the river. State senator there, the State rep- I urge my colleagues to be fair. American tribes can argue that they have the resentatives, all of the county commis- right to sue private landowners in an attempt Mr. HASTINGS of Florida. Mr. sioners, the entire city council, and Speaker, I am very pleased to yield 4 to bargain for gaming somewhere else. most importantly, the citizens them- How do we know the land claim is bogus? minutes to my good friend, the distin- selves who voted ‘‘yes’’ on a city-wide In his testimony before Congress in 2002, the guished gentleman from Michigan (Mr. referendum. CONYERS). chairman of the Soo Saint Marie tribe called it It is supported by civic groups. It is ‘‘shady,’’ ‘‘suspicious,’’ and ‘‘a scam.’’ Soon Mr. CONYERS. Mr. ALCEE HASTINGS, supported by educational leaders, by I salute you for bringing this bill to the thereafter, his tribe became a party to the deal labor leaders like the UAW, by every and switched its position. But more than 60 floor from the Rules Committee. I sup- law enforcement officer in the county, port the rule, without qualification. tribes across the Nation have announced their including the county sheriff, the coun- opposition to H.R. 2176, in which Congress for Ladies and gentlemen, why do so ty prosecutor, and the police chiefs. many people approve this bill if it has the first time would allow a tribe to expand its It is about fairness and opportunity reservation into the ancestral lands of another so many problems? Well, because it’s a for one of the most economically dis- bit like a wolf in sheep’s clothing; you tribe for the express purpose of gaming. tressed areas in the Nation, where the This bill is also opposed by the Department don’t know what’s underneath it. And current unemployment rate, by best es- so reciting all of these folks—starting of the Interior; the NAACP; UNITE HERE; and timates, is somewhere between 14 to 16 a unanimous House Judiciary Committee. To with the Governor of my State—don’t percent. know what’s underneath this bill. sum up the issue: Congress is being asked to And it has been very unfortunate, in When H.L. Mencken says it’s not about pass special interest legislation benefiting two my opinion, that the opponents have the money, you can bet it’s about the tribes, each of which already has gaming, been so untruthful about their opposi- money. And when I hear my colleagues based on a suspect land claim that has al- tion to these bills. ready been thrown out of State and Federal For instance, they say that it is say—and I’m going to count the times court, so they can open casinos hundreds of precedent setting, and yet the truth is that it will happen today—‘‘It’s not miles from their ancestral lands, in direct com- in this bill. In section 3(b), the bill about casinos. This is not about casi- petition with existing facilities that have helped states the following: ‘‘The provisions nos, folks.’’ revitalize a major American city. contained in the Settlement of Land Oh, no, that’s what it’s about. Okay? If this bill is brought to the floor, I will strong- Claim are unique and shall not be con- Let’s start off with something that ly urge my colleagues to oppose it. sidered precedent for any future agree- we should try to get clear. The asser- Mr. HASTINGS of Washington. Mr. ment between any tribe and State.’’ tion that this is about getting justice Speaker, I am pleased to yield 3 min- The opponents also say that it allows for two tribes who have waited for all utes to the gentlelady from Michigan for off-reservation gaming. Yet the these many years to get justice and we (Mrs. MILLER). truth is in section 2(a)(2) of the bill. It finally were able to get it to the Con- Mrs. MILLER of Michigan. I cer- states: ‘‘The alternative lands shall be- gress. How charming. How disingen- tainly appreciate the gentleman yield- come part of the Community’s reserva- uous. ing time to me. tion immediately upon attaining trust This so-called land claim—and we This rule allows us to proceed, and I status.’’ spent a good amount of time on it—to wish to speak in strong support of the And they also say it violates a 2004 the extent there really was ever a land underlying bill, and I rise in very Michigan referendum. claim, arose in the 19th century. It strong support of H.R. 2176, which is The SPEAKER pro tempore. The didn’t have anything whatsoever to do sponsored by Mr. BART STUPAK of time of the gentlewoman has expired. with the tribe’s historical lands or any Michigan and cosponsored by myself Mr. HASTINGS of Washington. I treaty with the U.S. Government. The and also the companion bill, H.R. 4115, yield the gentlelady 1 additional Charlotte Beach land in question ap- sponsored by Mr. DINGELL, because minute. parently was a private gift to the these bills impact only three congres- Mrs. MILLER of Michigan. I thank tribe—and in those days it was one sional districts in this House, only the gentleman for yielding. tribe—by individual members of the

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6019 tribe who had brought it. And rather ference is just means to an end. Apparently, order to locate gambling operations or, than deed the land directly over to the any means. like these in Michigan, to extend from tribe, the members evidently deeded it And who was backing Mr. Golden? The de- a remote area and set up new gambling over to the Governor of Michigan—nei- tails are still somewhat shrouded in mystery. in a new metropolitan area. All of this ther of the two that have been men- But we do know that the principal stake- has nothing to do with the original in- tioned—to hold in trust for the tribe. holders in this off-reservation Indian casino tent of the Indian gambling laws. That was back in the 1850s. It’s not venture are Michael Malik and Marian Illich, If communities like Detroit, or any- clear if the previous owner tribal mem- wealthy casino developers from the State of where, wish to have gambling, they bers or anyone else ever told the tribe Michigan, who have opened casinos from don’t need this House; they don’t need or the Governor about the gift. In any coast to coast and in Hawaii, bankrolling legis- this Congress; they don’t need the In- event, the lands were totally neglected lation and referenda as needed to open the dian gambling laws to do it. Through by the tribe. About 30 years later, they way. their State and local communities, were sold off by the State for a long- And they have also been quite active politi- they can allow people to gamble. They standing property tax delinquency. cally in Washington in recent years as well. I can set up various gambling oper- The so-called land claim lay mori- won’t go into the details of that now, but I ations, if they want, within their com- bund and forgotten for 100 years, as think you get the idea. munity and within their State. That’s best we can tell. And in 1982 one of Many of the facts I have just recited are in up to them. But let us not all here in these tribes, the Sault, asked the Inte- the public record. The essence of the rest this House, in this Congress, set a rior Department to review and pursue a were laid out in testimony by one of the two trend. Let’s not set a precedent. Let’s claim for the loss of the Charlotte tribes, the Sioux Tribe, the tribe that initially not use Indian tribes in order to dot Beach land. The Interior Department wouldn’t take the bait, back before they were the urban and suburban areas of this declined, saying the case had no merit. persuaded to go after their own short-cut to country with monopoly gambling oper- They renewed the request in 1983 and in getting an off-reservation casino. ations. 1992, getting the same answer each That statement can be found in the printed Mr. HASTINGS of Florida. Mr. time. The Interior closed the files on hearing of the Senate Committee on Indian Af- Speaker, at this time, I am very the matter, and that was the end of it. fairs, held on October 10, 2002, on the bill S. pleased to yield 2 minutes to the dean Then one day an enterprising lawyer, 2986, a precursor bill to the one we are con- of the House, my good friend, JOHN a member of the bar doing land re- sidering today. DINGELL, the gentleman from Michi- search, looking for an Indian land That was 5 long years ago, of course. And gan. claim he could help engineer and do the chairman, or chief, of that tribe at the time, (Mr. DINGELL asked and was given the authorization to build a new casino Bernard Bouschor, who gave that testimony, permission to revise and extend his re- outside the established legal process, who had held that elected position for 17 marks.) Mr. DINGELL. Mr. Speaker, before came across a record of the delin- years at the time he testified, no longer holds us is a very simple responsibility. It is quency sale. that position. a power that has been exercised exclu- The SPEAKER pro tempore. The And his tribe, who now stands to gain an sively by Congress since the very first time of the gentleman from Michigan off-reservation casino that could take in hun- Congress in 1789, when in the Indian has expired. dreds of millions of dollars a year, is now busy Nonintercourse Act of that year, only Mr. HASTINGS of Florida. I yield my doing what they can to disown his testimony. Congress may extinguish Indian land colleague an additional 1 minute. But if my colleagues find Chief Bouschor’s claims. That has been the law ever Mr. CONYERS. I thank my colleague. testimony credible, as I do, it certainly lays out By that time, the tribe had divided. since. There were two possible candidates the course of events in a way that some were So before us is simply the question of for reasserting the claim. The first quite likely not aware of before. And any as- whether we’re going to accept or deny tribe he contacted, the Sioux, was not sertion that this is a legitimate Indian land a settlement agreed upon by the tribes interested. But the other one, Bay claim just won’t stand up to those facts. and by the State of Michigan to resolve Mr. HASTINGS of Washington. Mr. Mills, was very interested. And so this a serious problem in the Upper Penin- Speaker, I am pleased to yield 3 min- wonderful lawyer began preparing a sula, in the district of our good friend utes to the gentleman from California case to file based on the delinquency and colleague, Mr. STUPAK. (Mr. CAMPBELL). sale he had uncovered and its connec- Having said that, what is going to Mr. CAMPBELL of California. I tion to the tribe he had interest in. happen is this legislation will permit A bare week before the lawsuit was thank my colleague and friend from us to resolve those questions, to enable filed, another enterprising gentleman Washington for yielding. Indians to resolve the land claims con- You know, Mr. Speaker, the original purchased some land within the Char- cerns that they have, and to allow the intent of why we allow gambling on In- lotte Beach claim area. Coincidental. State of Michigan to resolve its con- dian reservations was so that we could And within a few months, he had en- cerns and to allow its citizens to re- give some economic opportunity to tered into a so-called settlement with move clouds over the title on the lands full-blooded Indians on their native the tribe regarding the so-called land which they own up there, and which tribal lands in very remote areas in claim in which he agreed to give the will enable the Indians to begin to live which hardly any economic oppor- tribe a parcel of land he already owned a more orderly and proper life. tunity existed. near Detroit. This legislation was opposed by my Now, all the other off-reservation ca- So what do we have now? Now we see friend, Mr. Jack Abramoff, who left a sinos are 10 miles away, 20 miles away, various Indian tribes that have already rather spectacular and smelly legacy. not 350 miles away. achieved tremendous economic benefits And it is a chance for us now to undo He also agreed to sell the tribe some addi- that are now wanting to put casinos in some of the nastiness that he sought to tional land adjacent to the parcel. Enough land urban and suburban areas that are long do by preventing the resolution of for a new casino—and not too far from Detroit. distances from their native tribal lands these questions. But the settlement was conditioned on the and where there is a lot of economic I urge my colleagues to support the Interior Department taking the land into trust, opportunity, and to fill those, not even rule. I urge my colleagues to support a necessary step to its being eligible for an In- helping any of the people in their tribe the settlement of these rights which dian casino. who are back on the reservation. were agreed upon between two Gov- That part didn’t work out like they’d planned, With a bill like this, we have strayed ernors of the State of Michigan—Gov- so that settlement was eventually scrapped in a long ways from the original intent of ernor Engler, a Republican, and Gov- favor of Plan B, back to the courts in an at- Indian gambling. Now, this bill is ernor Granholm, a Democrat. tempt to get a favorable court ruling to take to about two tribes specifically in Michi- And this legislation is not only sup- Interior. gan. I am from California, but yet this ported by the affected tribes and citi- As we know, Plan B also failed. So then trend, this movement, is not limited to zens of the Upper Peninsula but also by came Plan C, which brings us here today. just Michigan. Throughout the coun- the AFL–CIO and the UAW and a wide But the three plans are not that different. try, you see groups either trying to roster of other unions that are strongly They all share the same objective. The dif- create new tribes in urban areas in supportive of this.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6020 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Florida. Mr. day and say we can do this too. We can Speaker, I am pleased to yield 3 min- Speaker, I reserve the balance of my come to Congress. We can show up and utes to the gentleman from Nevada time. go around our States and our legisla- (Mr. PORTER). Mr. HASTINGS of Washington. Mr. tures and our people and the courts, Mr. PORTER. Mr. Speaker, I appre- Speaker, I am pleased to yield 3 min- and we’ll go to Congress too and get ciate this opportunity—and to my col- utes to the gentleman from Michigan special treatment to have an organized leagues, in a bipartisan effort—to make (Mr. ROGERS). gambling casino in a neighborhood sure we can maintain restrictions on Mr. ROGERS of Michigan. Mr. near you. off-reservation casinos and gambling. Speaker, I appreciate the opportunity A lot of people speak for both sides of I want to point out five key areas, to be here, and I appreciate the bipar- this issue, but very few will speak for Mr. Speaker, that, I think, are part of tisan spirit in which this debate is con- the folks who will lose everything the argument. ducted and why this is just a bad idea. when these casinos come to town. I plead with this House not to do First and foremost, I do support trib- Many of us come to this microphone, to this well, through our conclusions this. It’s not the right thing to do. We al gaming. I think it’s been very suc- know it’s not the right thing to do. I cessful. As a matter of fact, a number from a whole variety of backgrounds and interests. I think back, not all that encourage all of us to vote ‘‘no’’ on the of our properties from Nevada are part- rule and vote ‘‘no’’ on the subsequent ners across the country with tribal long ago, when I had a good friend in town, and we had a great philosophical legislation. gaming establishments. So, when the Mr. HASTINGS of Washington. Mr. debate about organized gambling com- rules are followed, I think it’s a very Speaker, I yield myself the balance of appropriate approach to revenues for ing to his town. And he was all for it. my time. the communities. He had been, I think, the third genera- Mr. Speaker, after I made my open- But first of all, Mr. Speaker, the bill tion of a great restaurant in that town. ing remarks, my friend from Florida authorizes an unprecedented expansion It was very well known, well known all stood up and said that I was on mes- of off-reservation gaming. Never before over the State, and he said it would sage, and I thank him very, very much has the U.S. Congress been in the busi- boost his business. Well, about 2 years for the compliment because I was talk- ness of deciding whether a community after that casino landed in that town, ing about something that the Amer- should and can have a casino. I don’t he closed his doors. I think it was in ican people clearly, clearly are con- think it’s the job of the U.S. Congress his family for decades. It broke his cerned about, and that is the high en- to make decisions for local and State heart. There was trembling in his voice ergy costs and particularly the high governments. Does that mean someone when we had a conversation over the prices of gasoline. So I think, Mr. from Iowa or from Illinois or from Ari- phone. Because, when organized gam- Speaker, it’s time for the House to de- zona could come in and request to have bling comes to your town, there are bate ideas for lowering prices at the a casino in their back yard? I don’t very few who will make a whole bunch, pump and for addressing the sky- think that was the intent of the Tribal and there are a whole bunch who will rocketing price of gasoline. Gaming Act. And this is a dangerous lose a lot. By defeating the previous question, precedent. It permits unlimited expan- And it is not the economic tool that the House will have that opportunity. sion across this country. people profess. Study after study after If the previous question is defeated, I will move to amend the rule, not re- Number two, it overrides a careful re- study clearly shows there is more net write the rule, just amend the rule, to view process. Currently, Mr. Speaker, loss, that there is more cannibalization of small businesses around these orga- make in order and allow the House to if a tribe wants to build a casino, there consider H.R. 5656, introduced by Rep- is a process in place. All the rules must nized gambling casinos than there is success and benefit that happens in- resentative HENSARLING of Texas. be followed; all inspections must be If this House has time to spend sev- done. I think that’s an appropriate use side. Certainly, the local governments eral hours debating Indian land claims of the process that’s available cur- that house them love it; it means cash and new casinos in Michigan, then it rently under U.S. law. to them. That’s great. But at what certainly has time to debate the high Number three, it also violates the price? And we really need to stop our- price of gasoline. It’s time we start 1993 Tribal Compact by the Michigan selves and ask, at what price? producing more American-made en- tribes. I know there are arguments on ergy. Our country can’t afford the both sides of that, but there was an b 1115 knee-jerk, no-to-any-drilling-in-Amer- agreement made in 1993. We already have more casinos in ica approach that the liberal leaders of Number four, as a Member of Con- Michigan than we have public univer- this House still cling to. The citizens of gress from the great State of Nevada, sities. And this isn’t about fairness for our country can’t afford a Congress one of my jobs is to make sure we can this tribe. This tribe has seven casinos that does nothing. It’s time for this uphold the wishes of a particular State. already, $400 million in revenue. And House to act, and defeating the pre- This legislation overrides the wishes of what they are asking to do is some- vious question will allow us to do so. Michigan people. In 2004, there was a thing unprecedented. The Federal So, Mr. Speaker, I ask unanimous referendum that limited gaming to spe- court ruled against them. The State consent to have the text of the amend- cific areas that were approved by local court ruled against them. But they ment and extraneous material inserted and State governments. This has not said let’s go around all of those things, into the RECORD prior to the vote on happened in this case. including a 2004 referendum by the the previous question. The SPEAKER pro tempore. Is there Number five, I know my colleague State of Michigan that said enough is objection to the request of the gen- from Nevada, Congresswoman SHELLEY enough, we’re going to cap it right here tleman from Washington? BERKLEY, talked about the validity of at what we have. They went around all There was no objection. the land claims. There is a question. of those things, and it’s like putting a Mr. HASTINGS of Washington. Mr. But the bottom line, Mr. Speaker, is, casino from a tribe in Washington, DC Speaker, I urge my colleagues, then, to should Members of Congress be making in Cleveland and saying, ‘‘This is part defeat the previous question so this a decision for local communities and of our heritage, you need to help us.’’ House can get serious about rising gas for State governments on whether That’s not what this is. This is about prices and so we can start producing there should be tribal gaming or organized gambling and putting it in a American-made gasoline and energy. whether there should be expansion? I place where they think they can make With that, Mr. Speaker, I yield back stand here today in a bipartisan effort more than the $400 million in revenue the balance of my time. with my colleagues from across the they are already making. Mr. HASTINGS of Florida. Mr. aisle, asking for the balance of this I just plead with this House and this Speaker, I yield myself the balance of Congress to vote ‘‘no.’’ It establishes a Congress don’t set this precedent. And my time. dangerous precedent expanding casinos I don’t care if they say it in the bill or I am forever amazed, Mr. Speaker, at across our country without following not, it is a precedent. And every com- my colleagues’ way of going about try- the proper rules and regulations. munity in America will wake up one ing to assert something into measures

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6021 that we are dealing with, that, when pened to Native Americans, Africans, the moment, to offer an alternative plan. It all is said and done, don’t have any- and people of Caribbean descent and is a vote about what the House should be de- thing to do with the measure that others after Columbus discovered bating. we’re dealing with. America in 1492. I’m always reminded Mr. Clarence Cannon’s Precedents of the I agree with my colleague that we of Flip Wilson’s comedy routine that House of Representatives, (VI, 308–311) de- have a serious crisis in this country scribes the vote on the previous question on he did that, if Columbus discovered the rule as ‘‘a motion to direct or control the having to do with energy policy. But I America, then the Native Americans consideration of the subject before the House also would urge him to understand that must have been running down the being made by the Member in charge.’’ To the President’s energy policies have shoreline, saying, ‘‘Discover me.’’ defeat the previous question is to give the failed this country and that when he So, before Members of this body start opposition a chance to decide the subject be- and his party were in the majority and talking about Indian tribes unfairly fore the House. Cannon cites the Speaker’s had an opportunity to do all the things swapping pieces of land, they should re- ruling of January 13, 1920, to the effect that they are talking about, that many of member that the land wasn’t ours in ‘‘the refusal of the House to sustain the de- mand for the previous question passes the them were not done. the first place. We took it from the The fact is there are 68 million acres control of the resolution to the opposition’’ tribes and then often relocated them to in order to offer an amendment. On March offshore and in the United States that some far-off, remote, and undesirable 15, 1909, a member of the majority party of- are leased by oil companies. They are place that we could find for them to be fered a rule resolution. The House defeated open to drilling and are actually under placed. the previous question and a member of the lease but are not developed. The fact is Mr. Speaker, this is not an ideal situ- opposition rose to a parliamentary inquiry, that if oil companies tapped the 68 mil- ation for any of us in this body. We all asking who was entitled to recognition. lion Federal acres of leased land, it wish that a unanimous agreement Speaker Joseph G. Cannon (R–Illinois) said: ‘‘The previous question having been refused, could generate additional oil, six times would have materialized in Michigan. what ANWR would produce at its peak. the gentleman from New York, Mr. Fitz- Yet, despite a land claims compact gerald, who had asked the gentleman to The fact is 80 percent of the oil avail- being reached by the State and the yield to him for an amendment, is entitled to able in the Outer Continental Shelf is tribes, a Republican and Democratic the first recognition.’’ in regions that are already open to governor, some just don’t want this Because the vote today may look bad for leasing, but the oil companies haven’t agreement to go through, and that is the Democratic majority they will say ‘‘the decided it’s worth their time to drill their prerogative. Thus, as it has done vote on the previous question is simply a there. And, when they are saying it’s at least 14 times in the recent past, vote on whether to proceed to an immediate not worth their time, they are saying Congress must do what is right and set- vote on adopting the resolution . . . [and] has no substantive legislative or policy im- they don’t have the equipment to do it. tle this dispute. When an injustice has The fact is that drilling in the Arctic plications whatsoever.’’ But that is not what been done and there are efforts to per- they have always said. Listen to the defini- Wildlife Refuge wouldn’t yield any oil petuate that injustice, something must tion of the previous question used in the for a considerable period of time in the be done. Someone must step in and Floor Procedures Manual published by the future, probably as many as 8 to 10 stop it from happening again. Rules Committee in the 109th Congress, years, and then would only save the I urge my colleagues to do just that (page 56). Here’s how the Rules Committee consumer less than 2 cents per gallon and to support the previous question, described the rule using information from in 2025. the rule, and the underlying legisla- Congressional Quarterly’s ‘‘American Con- All of us know all the things to say gressional Dictionary’’: ‘‘If the previous tion. question is defeated, control of debate shifts here. We know to say ‘‘switchgrass’’ The material previously referred to and ‘‘shale’’ and ‘‘geothermal’’ and to the leading opposition member (usually by Mr. HASTINGS of Washington is as the minority Floor Manager) who then man- ‘‘solar,’’ and we could go on and on and follows: ages an hour of debate and may offer a ger- on with the number of potentials for AMENDMENT TO H. RES. 1298 OFFERED BY MR. mane amendment to the pending business.’’ alternative energy. But yesterday, HASTINGS OF WASHINGTON Deschler’s Procedure in the U.S. House of when we tried to do something about At the end of the resolution, add the fol- Representatives, the subchapter titled price gouging, it was the minority lowing: ‘‘Amending Special Rules’’ states: ‘‘a refusal party that defeated the measure, that Sec. 3. Immediately upon the adoption of to order the previous question on such a rule was on the floor of the House, under this resolution the House shall, without [a special rule reported from the Committee suspension. intervention of any point of order, consider on Rules] opens the resolution to amend- Now, Mr. Speaker, back to the bill. I in the House the bill (H.R. 5656) to repeal a ment and further debate.’’ (Chapter 21, sec- tion 21.2) Section 21.3 continues: Upon rejec- support gaming in this country. I sup- requirement with respect to the procurement and acquisition of alternative fuels. All tion of the motion for the previous question port the MGMs and the Harrah’ses of on a resolution reported from the Committee the world and their right to run a ca- points of order against the bill are waived. The bill shall be considered as read. The pre- on Rules, control shifts to the Member lead- sino wherever legally they may be per- vious question shall be considered as ordered ing the opposition to the previous question, mitted to do so. I support the Seminole on the bill and any amendment thereto to who may offer a proper amendment or mo- Indians and the Miccosukee Tribes in final passage without intervening motion ex- tion and who controls the time for debate Florida that I am proud to represent. cept: (1) one hour of debate on the bill equal- thereon.’’ And I support and have supported con- ly divided and controlled by the chairman Clearly, the vote on the previous question tinuously their right to run a casino. I and ranking member of the Committee on on a rule does have substantive policy impli- also support Jai Lai in my community House Oversight and Government Reform; cations. It is one of the only available tools for those who oppose the Democratic major- and their right to run a casino. I also and (2) an amendment in the nature of a sub- stitute if offered by Representative Waxman, ity’s agenda and allows those with alter- support casinos in my community and which shall be considered as read and shall native views the opportunity to offer an al- their right to run a casino, just like I be separately debatable for 40 minutes equal- ternative plan. support these two tribes in Michigan as ly divided and controlled by the proponent Mr. HASTINGS of Florida. Mr. well. I also support competition and and an opponent; and (3) one motion to re- Speaker, I yield back the balance of commit with or without instructions. economic development and the job cre- my time, and I move the previous ques- ation it can spur. And I take full excep- tion on the resolution. tion to my colleague from Lansing, (The information contained herein was The SPEAKER pro tempore. The who is a dear friend of mine on the provided by Democratic Minority on mul- tiple occasions throughout the lO9th Con- question is on ordering the previous other side who spoke earlier. I can at- gress.) question. test to job creation in the Seminole THE VOTE ON THE PREVIOUS QUESTION: WHAT and Miccosukee Indian Tribe areas The question was taken; and the IT REALLY MEANS that were told that there would be no Speaker pro tempore announced that This vote, the vote on whether to order the jobs created, and literally thousands of the ayes appeared to have it. previous question on a special rule, is not Mr. HASTINGS of Washington. Mr. people, mostly not Native Americans, merely a procedural vote. A vote against or- are working in those establishments. dering the previous question is a vote Speaker, on that I demand the yeas Finally, I support all of us in this against the Democratic majority agenda and and nays. body coming to terms with what hap- a vote to allow the opposition, at least for The yeas and nays were ordered.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6022 CONGRESSIONAL RECORD — HOUSE June 25, 2008 The SPEAKER pro tempore. Pursu- ness in our tax system by avoiding the Ways and Means for their excellent ant to clause 8 of rule XX, further pro- situation where very wealthy individ- work on this legislation, and I encour- ceedings on this question will be post- uals don’t pay taxes and to close loop- age my colleagues to support the rule poned. holes. It is in the same spirit of fair- and the underlying legislation. f ness that we consider legislation today I reserve the balance of my time. that will keep the middle class out of Mr. SESSIONS. Mr. Speaker, I want PROVIDING FOR CONSIDERATION being hit by the alternative minimum to thank my friend, the gentleman OF H.R. 6275, ALTERNATIVE MIN- tax when it was never intended that from Vermont, for not only yielding IMUM TAX RELIEF ACT OF 2008 they would be caught up in its web and me this time to discuss the proposed Mr. WELCH of Vermont. Mr. Speak- who have been because of inflation and rule for consideration of the alter- er, by direction of the Committee on because of no adjustments in the Tax native minimum tax, but I want to Rules, I call up House Resolution 1297 Code. thank him for his friendship in the and ask for its immediate consider- The Alternative Minimum Tax Relief committee and the professional nature ation. Act of 2008 will provide, one, 25 million of the way he conducts himself. The Clerk read the resolution, as fol- Americans with over $61 billion in tax Mr. Speaker, today we are going to lows: relief. Two, it offers property tax relief debate a tax increase on America. No to homeowners and expands the child surprise. The American public has got- H. RES. 1297 and adoption credits to parents. Nearly ten used to this. The tax-and-spend Resolved, That upon the adoption of this 50,000 families in my own State of Democrat Congress, the new Congress, resolution it shall be in order to consider in the House the bill (H.R. 6275) to amend the Vermont, Mr. Speaker, will see tax re- the new way to run Washington, D.C. Internal Revenue Code of 1986 to provide in- lief from this legislation. has resulted in not only economic fail- dividuals temporary relief from the alter- However, in order for the tax relief to ures here in this country the last 18 native minimum tax, and for other purposes. be fair, we have to ensure that the cost months but also higher gas prices, the All points of order against consideration of of the tax relief is not simply passed inability that we have to control the the bill are waived except those arising on, the credit card debt, to our chil- flow in energy that comes into this under clause 9 or 10 of rule XXI. The amend- dren, and we have already saddled the country and has made us now more ment in the nature of a substitute rec- next generation with $9 trillion in debt, than ever to where we have to go get ommended by the Committee on Ways and costing us $1 billion a day in interest our energy overseas, send our money Means now printed in the bill shall be con- payments, money that could be spent sidered as adopted. The bill, as amended, overseas, and not be able to be energy shall be considered as read. All points of on other, much more productive sufficient here in this country. order against provisions of the bill, as things. Enacting an AMT patch today But now I find out that the excuse for amended, are waived. The previous question when we don’t pay for it would simply raising taxes on Americans today is shall be considered as ordered on the bill, as shift that $62 billion burden from the that there’s a loophole in the tax law— amended, to final passage without inter- middle class on to their children and a loophole—and unintended con- vening motion except: (1) one hour of debate their grandchildren. What we fail to sequences. The bottom line is that it’s equally divided and controlled by the chair- pay today they will be forced to pay to- the tax law, it was therefore reasoned, man and ranking minority member of the morrow with interest. Committee on Ways and Means; and (2) one and the opportunity for us to grow our Furthermore, we do pay for this tax economy and build jobs and have job motion to recommit with or without instruc- relief by improving the Tax Code. With tions. creation and to protect the American the bill’s offsets, we are closing two SEC. 2. During consideration of H.R. 6275 consumer is why these were parts of pursuant to this resolution, notwithstanding very large tax loopholes, one that has the tax law. It is not unintended con- the operation of the previous question, the benefited very wealthy hedge fund sequences, it is not a loophole, it is the Chair may postpone further consideration of managers at the expense of middle law, the tax law of the United States the bill to such time as may be designated by class taxpayers, and let me talk about that I am very proud of, and I am dis- the Speaker. that first. appointed to see that the Congress The ‘‘carried-interest’’ loophole. It is The SPEAKER pro tempore. The gen- today will be debating new tax in- a preferential rate of capital gains tax, tleman from Vermont is recognized for creases on the American people. a 15 percent rate that gets applied to 1 hour. So I rise in strong opposition to this income earned by many people who do Mr. WELCH of Vermont. Mr. Speak- closed rule, yet another closed rule by financial work. er, for the purpose of debate only, I this new majority that we have here, yield the customary 30 minutes to my b 1130 and to the underlying legislation, friend, the gentleman from Texas (Mr. Right now, under current law, the in- which takes the baffling approach, SESSIONS). All time yielded during con- come earned by many investment fund once again, of raising taxes on Ameri- sideration of the rule is for debate managers at a private equity firm, and cans and on the American economy only. hedge funds, are taxed at the lower during a downturn of our economy, GENERAL LEAVE capital gains tax rate. So you have this rather than taking a way to prevent a Mr. WELCH of Vermont. Mr. Speak- very unjustified situation where some tax increase on hardworking and er, I ask unanimous consent that all of these folks who are making, in some unsuspecting middle class taxpayers, Members may have 5 legislative days cases, billions of dollars, pay a tax rate which sets the stage for even more job- within which to revise and extend their lower than the secretaries who work in killing tax increases in the very near remarks and to insert extraneous ma- their firms, and they do this when they future just to prevent the current low- terials into the RECORD. don’t actually put their capital at risk tax policies that Republicans in Con- The SPEAKER pro tempore. Is there but manage the capital of others. gress worked so hard to pass and to objection to the request of the gen- A second loophole that is closed in support on behalf of American tax- tleman from Vermont? this bill stops major oil companies payers. There was no objection. from receiving what is called a special I think it’s interesting, Mr. Speaker, Mr. WELCH of Vermont. Mr. Speak- domestic production subsidy through that when Republicans bring tax bills er, I yield myself such time as I may the Tax Code. As we all know, record to the floor of the House of Representa- consume. gas prices, the record cost of a barrel of tives, we are able to tout how many Mr. Speaker, H. Res. 1297 provides for oil is resulting in oil company profits jobs our tax bill will create, how many consideration of H.R. 6275, the Alter- that are unparalleled in the history of jobs the economy will create. I have native Minimum Tax Relief Act of 2008, this country, in some cases, as high as never, ever heard of a Democrat tax- under a closed rule. The rule provides $11 billion in a single 3-month period. and-spend bill that then touts how for 1 hour of debate, controlled by the So it’s clear that those companies are many jobs will be created, because they Committee on Ways and Means. doing very well and that they do not don’t. They kill jobs. They kill jobs in As Americans know, the alternative need continued taxpayer assistance. America every time we do what we are minimum tax was enacted in 1969 with I commend Chairman RANGEL and doing today with the new Democrat a very legitimate intent: to ensure fair- Chairman NEAL and the Committee on majority to raise taxes on America.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6023 Under the Democrats’ flawed policy they won the majority. And with it bate understand that raising taxes on of pay-as-you-go logic used to defend came the opportunity to salivate, to job creators reduces jobs and hurts our this legislation, in just 2 short years— get all this money, and to couple what economy. But don’t worry. You can when a number of critically important used to be a bipartisan, commonsense blame President Bush for that, for the tax policies like the $1,000 Republican tax prevention policy with massive, un- actions of this Congress. tax credit and the Republican lower necessary tax hikes that burden this Unfortunately, this proposal is not a tax rate on income and capital gains country, and for 18 months we have surprise, coming from a Democrat Con- and dividends are set to expire, that seen the promise of higher taxes, and gress that believes when real estate created job growth—the new Democrat it’s killing our economy. As recently as and credit markets are at their weak- majority pay-as-you-go rules will re- last December, the House passed a est, that is the optimal time to raise quire more than $3.5 trillion in tax in- ‘‘clean’’ AMT patch, without crippling taxes and send our economy over the creases, and that is what they stand for the economy with tax increases, by an edge. today, increasing taxes on the Amer- overwhelming majority of 352–64. Finally, the bill goes back on Amer- ican people, killing jobs all across the The only thing worse than House ica’s word by increasing taxes on trans- country, and yet they want to blame Democrats’ tax-and-spend flip-flops on actions with treaty countries by man- President Bush. Just incredible. this issue is the fact that their com- dating a new reporting requirement on It makes no sense to me why we are rades in the other body—including Fi- private companies so that the IRS can hamstringing our economy and sad- nance Chairman MAX BAUCUS—have al- know directly how much is being paid dling working families with higher ready recognized the reality that at to merchants every year, including the taxes when revenues aren’t the prob- the end of this day, the AMT patch will Social Security or tax identification lem. Washington is already collecting not be paid for, and that this cynical numbers associated with those trans- more taxes as a percentage of GDP exercise meant to provide political actions. than the historical average over the cover is in fact dead-on-arrival the mo- Mr. Speaker, I have got to hand it to last 40 years. ment it passes this House. But let it be the new Democrat majority. Every sin- We don’t have a revenue problem. We said: It’s another opportunity for the gle week, they find out a new way to have a spending problem. What Wash- new Democrat majority to show how assault the taxpayer, every single week ington really has is a spending problem much they want tax increases to ruin they find a way to raise taxes, to in- that this new Democrat majority can’t our economy. crease spending, and more rules and fix and can’t solve because they are all The cost of this political gamesman- regulations. They did it again this about taxing and spending. Federal ship is really quite simple: the expo- week. Congratulations to the new Dem- spending is higher by nearly $530 bil- sure of millions of middle class tax- ocrat majority. lion more than the Congressional payers to an average tax increase of Mr. Speaker, I strongly oppose this Budget Office’s 2000 projection for the $2,400, and the increased likelihood of a tax increase, and I will tell you that I year 2007. So going back to 2000, and repeat of last year’s mismanaged proc- will continue to stand up on the side of they projected how much money we ess in which the late enactment of the taxpayers and middle class Americans would need to spend, we are $530 billion patch prevented the IRS from proc- who say enough is enough. I reserve the balance of my time. more this year, thanks to a new Demo- essing AMT-affected returns until Mr. WELCH of Vermont. Mr. Speak- crat majority, making increased spend- about 4 weeks into the filing season. It er, I am the last speaker on our side. I ing the main reason why 99 percent of was a disaster this year as a result of will reserve the balance of my time our Nation’s worsened budget picture the new majority. until the gentleman from Texas has an over the last 7 years is occurring. We What is worse, Mr. Speaker, is how opportunity to close. have got a downturn in the economy the Democrat Congress proposed to Mr. SESSIONS. I thank the gen- because we are raising taxes and spend- raise the additional $61 billion of addi- tleman. ing to support a bloated government. tional taxes just to prevent this tax in- Mr. Speaker, I will tell you—you’ve Mr. Speaker, the American people crease. That’s right. We are going to already heard me say it—this massive have known for a long time that Re- have a tax increase on the tax increase tax increase, once again, not only on publican Members of Congress support on middle class families who were the economy, but on Americans, could an economically responsible solution never intended to pay this. be done a different way. It could be to solving the alternative minimum First, and rather unsurprisingly, this solved. It could be solved by following tax problem. Just contrast this year’s Democrat ‘‘Drill-Nothing’’ Congress through on promises that were made Republican budget proposal, which pre- helps repeal a tax deduction that helps by both parties to do something about vented expansion of the AMT for the American companies to produce energy the AMT. next 3 years and achieved full repeal in for American consumers, but they are We’ve got to do something. We con- 2013, with the Democrat budget. If you going to take that advantage away tinue to see middle class Americans compare them, the Democrat budget, from consumers. It will only hurt en- caught in the crossfire. Today, we see which jammed a $70 billion tax in- ergy exploration in this country, and it’s not just a crossfire with inability crease into our economy to pay for now what we are going to see is that to solve the problem, it’s partially simply a temporary 1-year fix, and did the American consumer will pay more solved for 1 year by raising $61 billion nothing about AMT for the next 5 years at the pump. worth of new tax increases on Ameri- after that. A 1-year fix, raising taxes While this proposal is laughable at cans that they will have to pay this $70 billion, rather than fixing the prob- best for everyone tuning in on C–SPAN next April. lem. across America today, it is about par Mr. Speaker, taxpayers are already for the course for the Democrat Party b 1145 aware that last month, House Repub- that also thinks that suing OPEC, not Mr. Speaker, since taking control of licans unanimously supported a clean increasing the supply of American en- Congress in 2007, this Democrat Con- AMT patch without tax increases to ergy, will help bring down prices for gress has totally neglected its responsi- prevent more than 25 million families— consumers. bility to do anything constructive to including 21 million families who Second, this bill increases taxes on address the domestic supply issues that didn’t owe AMT in 2007—from paying entrepreneurs that create jobs and im- have created skyrocketing gas, diesel an additional $61.5 billion that’s going prove failing companies, and raises the and energy costs that American fami- to come due this next April, just like long-term capital gains rate on them lies are facing today. As a matter of we did in December of last year and from 15 to 35 percent, or even higher. fact, gas rose 10 cents a gallon across just like we will continue to do if Re- So the people that are the ‘‘goose that America just in the last few days. publicans once again become the ma- are laying the golden egg’’ are once So, today, I urge my colleagues once jority party in Congress. again slaughtered by this new Demo- again to vote with me to defeat the What taxpayers may not realize is crat proposal. previous question so this House can fi- that House Democrats used to be for Once again, I know that most people nally consider real solutions to the en- the same thing—at least that was until around this country watching this de- ergy problems and the high costs that

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6024 CONGRESSIONAL RECORD — HOUSE June 25, 2008 we are facing. If the previous question Mr. Speaker, my friend from Texas cent, while the other person doing the is defeated, I will move to amend the characterizes a bill that will provide same work, working just as hard but rule to allow for consideration of H.R. tax relief to 25 million Americans as a who is perhaps making less money, 5656, which would repeal the ban on ac- tax increase, and it is just flat out pays 35 percent. quiring advanced alternative fuels, in- wrong. There are 25 million Americans. You also have this bizarre situation troduced by my good friend JEB These are folks who earn between where the person making this immense HENSARLING of Texas back in March, $40,000, $50,000, $60,000 a year, who, if we amount of money pays a much lower almost 3 full months ago. do not pass this legislation, will find tax rate than the secretary, than the This legislation would reduce the themselves essentially being the target back office help in that very same price of gasoline by allowing the Fed- of legislation that was intended in 1969 firm. I think most Americans see a eral Government to procure advanced to have millionaires pay their fair basic fairness, and let’s have the in- alternative fuels derived from diverse share. come tax rate apply to earned income. sources like oil shale, tar sands and We are talking about soldiers return- That is what this provision does. coal-to-liquid technology—in other ing from Iraq and Afghanistan who get The second question is on the oil words, marketplace answers—just by a job as a police officer or as a car- company exemption, and I am using allowing the government to do that. penter. We are talking about some our the word ‘‘loophole.’’ What is a ‘‘loop- Section 526 of the Energy Independ- school teachers all across the country. hole’’? I think, commonly, you know it ence and Security Act of 2007, which We are talking about sanitation work- when you see it. What a ‘‘loophole’’ is this Democrat Congress passed, places ers who are struggling hard on $40,000 in this case is giving taxpayer benefit artificial and unnecessary restraints on or $50,000 a year, oftentimes with two to very successful companies that do the Department of Defense in getting people in that family who are working, very well in what they do—explore for its fuel from friendly sources, like raising three or four kids. We are say- oil, sell it. We are taking money from coal-to-liquid, oil shale and tar sands ing in this legislation that we are the taxpayers of America to give it to resources that are all abundant in the going to protect you, because we know major American and foreign oil compa- United States and Canada. Needless to you need to have that money to pay nies. These are mature industries that say, it raises grave national and eco- your bills. are making hundreds of billions of dol- nomic security concerns. We also have to level with the Amer- lars, and they don’t need taxpayer Mr. Speaker, this new Democrat Con- ican people. This is going to be $61 bil- help. gress wants us to spend hundreds of bil- lion in tax relief for those incredibly So this legislation provides 25 mil- lions of dollars to go build another hard-working Americans who are get- lion Americans with tax relief, and it is Dubai. They want consumers in this ting clobbered by these $4-plus gas the folks who need it. It asks other country to pay higher costs. By doing prices. They can’t fill up their tank. Americans, the hedge fund executives, so, it is a national security issue. We They have got cars or SUVs or trucks to pay at the income tax rate, and it must do something. Adding alter- that they have to drive, and they don’t has oil companies foregoing what has natives to the supply chain is what is have the money to get something that been an incredibly good deal—tax cred- important. its that they get at the expense of the is a little bit more fuel efficient. A lot Mr. Speaker, Canada currently is the American taxpayer. of them have long commutes. This leg- largest U.S. oil supplier. It sent 1.8 mil- I urge a ‘‘yes’’ vote on the previous lion barrels per day of crude oil and islation is going to give them the op- question and on the rule. 500,000 barrels per day of refined prod- portunity to keep a little bit more The material previously referred to money in their pocket so they can ucts to the United States in 2006. Ac- by Mr. SESSIONS is as follows: make it from one end of the week to cording to the Canadian Government, AMENDMENT TO H. RES. 1297 OFFERED BY MR. about half of the Canadian crude is de- the other and can pay their bills. SESSIONS OF TEXAS Now, the question is for this Con- rived from oil sands, with the oil sands At the end of the resolution, add the fol- gress, do we pay for it, or do we put it production forecast to reach about 3 lowing: on the credit card? As to what my million barrels a day in 2015. Section SEC. 3. Immediately upon the adoption of this resolution the House shall, without 526, passed by this Democrat House, friend from Texas is characterizing as a tax increase, let me go through it, be- intervention of any point of order, consider choked this flow of fuel from one of our in the House the bill (H.R. 5656) to repeal a Nation’s most reliable allies and eco- cause I think Americans have a com- mitment to fairness, and I think Amer- requirement with respect to the procurement nomic partners, and it increased our and acquisition of alternative fuels. All military’s reliance on fuels from un- icans know a very commonsense propo- points of order against the bill are waived. friendly and unstable governments sition, and that is we have all got to The bill shall be considered as read. The pre- around the world. bear the burden. We all have to pay our vious question shall be considered as ordered Mr. Speaker, I ask unanimous con- share of the load. on the bill and any amendment thereto to sent to have the text of that amend- There are two very glaring situations final passage without intervening motion ex- in the Tax Code, and attention should cept: (1) one hour of debate on the bill equal- ment and the extraneous material in- ly divided and controlled by the chairman serted into the RECORD prior to the be paid to them, and it is overdue. One is this hedge fund exemption, where and ranking member of the Committee on vote on the previous question. House Oversight and Government Reform; The SPEAKER pro tempore. Is there folks who make an awful lot of money and (2) an amendment in the nature of a sub- objection to the request of the gen- pay at a capital gains rate. What is un- stitute if offered by Representative Waxman, tleman from Texas? fair about it? If you are a financial ad- which shall be considered as read and shall There was no objection. visor, if you or I ask someone to help be separately debatable for 40 minutes equal- Mr. SESSIONS. Mr. Speaker, I urge us figure how to invest our money, we ly divided and controlled by the proponent my colleagues to vote for our military, pay them a fee, and of whatever earn- and an opponent; and (3) one motion to re- commit with or without instructions. for energy independence for Americans, ings they get, they pay a regular tax and to help American consumers in rate just like any other American. (The information contained herein was this time of need and to support our Whatever that rate is—15, 20, 35 per- provided by Democratic Minority on mul- economy by increasing the amount of cent—that is what they pay. tiple occasions throughout the 109th Con- oil we import and produce from friend- If you are a hedge fund executive and gress) ly and reliable sources like Canada and you make billions, because of this pro- THE VOTE ON THE PREVIOUS QUESTION: WHAT from our own American, buy-American vision in the Tax Code, which I am IT REALLY MEANS proven resources, these advanced alter- calling a loophole, they get to pay at a This vote, the vote on whether to order the native fuels, by voting to defeat the 15 percent rate. That is costing the previous question on a special rule, is not merely a procedural vote. A vote against or- previous question. treasury billions of dollars, and it is also a glaring unfairness, because you dering the previous question is a vote Mr. Speaker, I yield back the balance against the Democratic majority agenda and of my time. literally have a situation where the a vote to allow the opposition, at least for Mr. WELCH of Vermont. Mr. Speak- hedge fund manager who is doing the the moment, to offer an alternative plan. It er, I yield myself such time as I may same work as another financial advisor is a vote about what the House should be de- consume. down the street pays one rate, 15 per- bating.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6025 Mr. Clarence Cannon’s Precedents of the PROVIDING FOR CONSIDERATION the underlying bill, H.R. 3195, the ADA House of Representatives, (VI, 308–311) de- OF H.R. 3195, ADA AMENDMENTS Amendments Act. It was nearly 18 scribes the vote on the previous question on ACT OF 2008 years ago that the Americans with Dis- the rule as ‘‘a motion to direct or control the abilities Act was signed into law. It consideration of the subject before the House Ms. SUTTON. Mr. Speaker, by direc- being made by the Member in charge.’’ To tion of the Committee on Rules, I call sent a resounding message that dis- defeat the previous question is to give the up House Resolution 1299 and ask for crimination against individuals with opposition a chance to decide the subject be- its immediate consideration. disabilities would not be tolerated, not fore the House. Cannon cites the Speaker’s The Clerk read the resolution, as fol- in employment, not in transportation, ruling of January 13, 1920, to the effect that lows: not in housing, not in services, or in ‘‘the refusal of the House to sustain the de- H. RES. 1299 any other area of our daily lives. It was mand for the previous question passes the Resolved, That upon the adoption of this a law intended to tear down the bar- control of the resolution to the opposition’’ riers, preventing individuals with dis- in order to offer an amendment. On March resolution it shall be in order to consider in 15, 1909, a member of the majority party of- the House the bill (H.R. 3195) to restore the abilities from reaching their full poten- fered a rule resolution. The House defeated intent and protections of the Americans with tial. It was a commitment from Con- the previous question and a member of the Disabilities Act of 1990. All points of order gress that discrimination in any form opposition rose to a parliamentary inquiry, against consideration of the bill are waived would not be tolerated. asking who was entitled to recognition. except those arising under clause 9 or 10 of The Americans with Disabilities Act rule XXI. The amendment in the nature of a Speaker Joseph G. Cannon (R-Illinois) said: was an historic civil rights law, the ‘‘The previous question having been refused, substitute recommended by the Committee on Education and Labor now printed in the most sweeping since the Civil Rights the gentleman from New York, Mr. Fitz- Act of 1964. Yet, despite the broad ap- gerald, who had asked the gentleman to bill shall be considered as adopted. The bill, yield to him for an amendment, is entitled to as amended, shall be considered as read. All plication of other civil rights statutes, the first recognition.’’ points of order against provisions of the bill, a series of court decisions has dramati- as amended, are waived. The previous ques- Because the vote today may look bad for cally narrowed the scope of the ADA. tion shall be considered as ordered on the the Democratic majority they will say ‘‘the Unfortunately, this has denied millions bill, as amended, to final passage without in- vote on the previous question is simply a of disabled Americans the protections tervening motion except: (1) one hour of de- vote on whether to proceed to an immediate bate, with 40 minutes equally divided and Congress had originally intended for vote on adopting the resolution . . . [and] controlled by the chairman and ranking mi- them. has no substantive legislative or policy im- nority member of the Committee on Edu- Mr. Speaker, the intent of Congress plications whatsoever.’’ But that is not what cation and Labor and 20 minutes equally di- was to allow individuals with disabil- they have always said. Listen to the defini- vided and controlled by the chairman and tion of the previous question used in the ities to fully participate in society, ranking minority member of the Committee Floor Procedures Manual published by the free from the fear of discrimination. on the Judiciary; and (2) one motion to re- Rules Committee in the 109th Congress, Yet Supreme Court interpretations commit with or without instructions. (page 56). Here’s how the Rules Committee have shifted the focus from whether an SEC. 2. During consideration of H.R. 3195 described the rule using information form pursuant to this resolution, notwithstanding individual has experienced discrimina- Congressional Quarterly’s ‘‘American Con- the operation of the previous question, the tion to whether an individual could gressional Dictionary’’: ‘‘If the previous Chair may postpone further consideration of even be considered ‘‘disabled enough’’ question is defeated, control of debate shifts the bill to such time as may be designated by to qualify for the protections of the to the leading opposition member (usually the Speaker. the minority Floor Manager) who then man- law. ages an hour of debate and may offer a ger- The SPEAKER pro tempore. The gen- In making this determination, the mane amendment to the pending business.’’ tlewoman from Ohio is recognized for 1 Court has implemented a standard that Deschler’s Procedure in the U.S. House of hour. excludes many individuals originally Representatives, the subchapter titled Ms. SUTTON. Mr. Speaker, for the intended to be covered by the ADA. ‘‘Amending Special Rules’’ states: ‘‘a refusal purpose of debate only, I yield the cus- They have held that the definition of to order the previous question on such a rule tomary 30 minutes to the gentleman ‘‘disability’’ must be applied ‘‘strictly [a special rule reported from the Committee from Texas (Mr. SESSIONS). All time to create a demanding standard for on Rules] opens the resolution to amend- yielded during consideration of the rule qualifying as disabled.’’ In addition, ment and further debate.’’ (Chapter 21, sec- is for debate only. tion 21.2) Section 21.3 continues: Upon rejec- the Court has found that mitigating tion of the motion for the previous question GENERAL LEAVE measures that help address an impair- on a resolution reported from the Committee Ms. SUTTON. Mr. Speaker, I ask ment, such as medication, hearing aids on Rules, control shifts to the Member lead- unanimous consent that all Members or other treatments, must be consid- ing the opposition to the previous question, be given 5 legislative days in which to ered in determining whether an impair- who may offer a proper amendment or mo- revise and extend their remarks on ment is disabling enough to qualify tion and who controls the time for debate House Resolution 1299. under the ADA. thereon.’’ The SPEAKER pro tempore. Is there b 1200 Clearly, the vote on the previous question objection to the request of the gentle- on a rule does have substantive policy impli- And so millions of Americans with cations. It is one of the only available tools woman from Ohio? There was no objection. disabilities have found themselves in a for those who oppose the Democratic major- Catch-22. They face employment dis- ity’s agenda and allows those with alter- Ms. SUTTON. I yield myself such native views the opportunity to offer an al- time as I may consume. crimination because of their disabil- ternative plan. Mr. Speaker, House Resolution 1299 ities, yet they may be denied relief provides for consideration of H.R. 3195, under the ADA because they are con- Mr. WELCH of Vermont. Mr. Speak- the ADA Amendments Act of 2008. The sidered ‘‘too functional’’ to qualify for er, I yield back the balance of my time, rule makes in order as base text the its protections. Mr. Speaker, this is and I move the previous question on bill as reported by the Committee on completely at odds with the original the resolution. Education and Labor that was iden- intent of Congress and the original The SPEAKER pro tempore. The tical to the bill as reported by the focus of the ADA. question is on ordering the previous Committee on the Judiciary. The bill Due to these narrow interpretations, question. provides for 1 hour of debate, with 40 individuals with serious conditions The question was taken; and the minutes controlled by the Committee such as epilepsy, diabetes, cancer, cere- Speaker pro tempore announced that on Education and Labor and 20 minutes bral palsy, multiple sclerosis, and de- the ayes appeared to have it. by the Committee on the Judiciary. velopmental disabilities have found Mr. SESSIONS. Mr. Speaker, on that The rule waives all points of order themselves excluded from the protec- I demand the yeas and nays. against consideration of the bill, ex- tions afforded by the ADA. The yeas and nays were ordered. cept clauses 9 and 10 of rule XXI. Last- Basic equality under the law has The SPEAKER pro tempore. Pursu- ly, the rule provides one motion to re- been denied to millions of disabled ant to clause 8 of rule XX, further pro- commit, with or without instructions. Americans for too long. But today, ceedings on this question will be post- Mr. Speaker, I rise today in strong after months of hard work on all sides poned. support of House Resolution 1299 and of this issue, we seek to fulfill the

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6026 CONGRESSIONAL RECORD — HOUSE June 25, 2008 promise we made to Americans with The ADA consists of three major ti- not lose their coverage under the ADA disabilities nearly two decades ago. tles protecting Americans with disabil- because their condition is manageable And let me be clear. The ADA ities: and treatable with medication. Amendments Act does not expand the Title I prohibits discrimination in These policies have been endorsed by original scope of the ADA. Rather, it public or private employment; the U.S. Chamber of Commerce, the restores the promise that Congress Title II prohibits discrimination at National Association of Manufacturers, made to every single American, a public entities, like public universities the Society for Human Resource Man- promise that everyone will have an or hospitals; agement, the Human Resources Policy equal opportunity to succeed; that we And title III prohibits discrimination Association, and many other pro-busi- will tear down the barriers that pre- at places of public accommodations ness organizations. vent individuals from reaching their like hotels and restaurants. From the disability community, this full potential; and that we will be Mr. Speaker, this law has made a legislation was also supported by the judged on our abilities rather than on world of difference for millions of National Epilepsy Foundation, the our disabilities. Americans with disabilities. But, for American Diabetes Association, the The ADA Amendments Act clarifies all of the great results that have come American Association of People with that the ADA’s protections are in- from this law, I believe it can still be Disabilities, and other leading advo- tended to be broad. It also restores the improved. For far too long, our Federal cacy groups. focus to wrongful discrimination. Our courts, including the Supreme Court, Mr. Speaker, the ADA has trans- bill clarifies that anyone who is dis- have wrestled with some of the con- formed the American society since its criminated against because of an im- tents of Congress’ intent in defining enactment, helping millions of Ameri- pairment, whether or not this impair- the ADA key concepts. cans with disabilities to succeed in the ment limits the performance of any For example, the ADA requires em- workplace and making transportation, major life activities, is entitled to the ployers to make reasonable accom- housing, buildings, services, and other ADA protection. modations to facilitate employees with elements of daily life more accessible And, finally, it states that miti- disabilities but not if this causes undue to individuals with disabilities. gating measures will not disqualify hardship, leaving the courts to decide I applaud my colleagues for bringing people with disabilities from the pro- what is reasonable and what is undue. this legislation, an important action, tections afforded by the ADA. Most of all, Federal courts have spent to the floor today, and I look forward I am proud to join with over half of years being puzzled over exactly who is to its passage. the Members of this body as a cospon- considered disabled under the law. But, I reserve the balance of my time. sor of this important bill. Today we are today, we have the opportunity to pass Ms. SUTTON. Mr. Speaker, I am the demonstrating our commitment to this legislation and to clarify Congress’ last speaker on this side, so I will re- every American that discrimination intent, finally settling these out- serve my time until the gentleman has will not be tolerated. This should be standing questions of law once and for closed for his side and yielded back his the case whether based on race, na- all, or so we hope. time. tional origin, gender, age, religion, sex- I want to be clear that these short- Mr. SESSIONS. Mr. Speaker, I yield ual orientation or disability. By up- comings do not in any way minimize myself the balance of my time. holding this most important of prin- the great things that this legislation Since taking control of Congress in ciples, our country will be richer for it. has achieved for disabled people in 2007, this Democrat Congress has to- I urge my colleagues to support this America. Today, many public accom- tally neglected its responsibilities to rule and the underlying bill. modations like hotels, restaurants, and do anything constructive to address I reserve the balance of my time. recreation facilities have opted for vol- the domestic supply issues that have Mr. SESSIONS. Mr. Speaker, I want untary compliance. We have cut curbs, created skyrocketing gas, diesel, and to thank the gentlewoman, my friend the areas where sidewalks slope down, energy costs that American families from Ohio, for yielding me the time to to be at a level of the street to allow are facing today, including costs that discuss this proposed rule for consider- easy passage for wheelchairs and for are unacceptable for many disabled ation of the Americans with Disabil- other mechanisms that aid the dis- Americans who are struggling to be ities Restoration Act of 2007. And a abled, which were virtually unheard of able to get to work or to live their life. hearty congratulations to the new before ADA was passed and that now So, today, I urge my colleagues to Democrat majority for their openness are in compliance in most major cities. vote with me to defeat the previous as we celebrate the 58th closed rule, a Unfortunately, since 1999, several question so this House can finally con- new record for the United States Con- U.S. Supreme Court decisions have nar- sider real solutions to the energy cri- gress. rowly provided the definition of dis- sis. If the previous question is defeated, Mr. Speaker, I rise in support of the abilities so much so that persons with I will move to amend the rule to allow underlying legislation, which would serious conditions, such as epilepsy, for consideration of H.R. 5656, yet an- amend and improve the Americans muscular dystrophy, cancer, diabetes, other time this Republican party is on with Disabilities Act, or ADA as it is and cerebral palsy have been deter- the floor to say we support consumers called, that was enacted into law in mined to not have impairments that and that we support American inde- 1990 by President George Herbert Walk- meet the definition of ‘‘disability’’ pendence and security. This bill, H.R. er Bush with the strong bipartisan sup- under the ADA. 5656, would repeal the ban on acquiring port of Congress. H.R. 3195 builds upon the ADA’s advanced alternative fuels, and this The ADA—which was passed to, and I original intent by clarifying what dis- bill was introduced by my dear friend quote, provide a clear and comprehen- abilities qualify an individual for cov- JEB HENSARLING of Texas way back in sive national mandate for the elimi- erage, and they address a number of March, 3 months ago. nation of discrimination against indi- the statute’s further limitations that This legislation would reduce the viduals with disabilities—protects indi- have been raised by disability advo- price of gasoline by allowing the Fed- viduals from discrimination in hiring, cates. eral Government to procure advanced firing, pay, and other terms and condi- Because of this ambiguity, today, I alternative fuels derived from diverse tions of employment on the basis of a join with more than 250 of my col- sources like oil shale, tar sands, and person’s disability. leagues in supporting this legislation, coal-to-liquid technology, common- Often referred to as the world’s first which passed out of the Judiciary Com- sense marketplace answers to make comprehensive disability anti-discrimi- mittee by unanimous consent and out sure that the American consumer and nation law, the ADA specifies what em- of the Education and Labor Committee America is competitive with the world, ployers, government agencies, and the by a vote of 43–1. Like my colleagues, I rather than sending billions of dollars managers of public facilities must do support expanding the definition of overseas, funding American enemies to ensure that persons with disabilities ‘‘disabled,’’ which was the main goal of and providing the world with jobs and have the opportunity to fully partici- this legislation, as well supporting to opportunities outside of what the con- pate in our society. ensure that people with disabilities do sumer intended in this country.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6027 Section 526 of the Energy Independ- that 68 million acres of leased land, but be separately debatable for 40 minutes equal- ence and Security Act of 2007, which we also believe that we should be look- ly divided and controlled by the proponent this Democrat Congress passed, places ing diligently for alternative forms of and an opponent; and (3) one motion to re- artificial and unnecessary restraints on energy. commit with or without instructions. the Department of Defense. Perhaps it The reality of it is that this is a de- (The information contained herein was is no surprise that this Democrat Con- flective tactic. This House has passed provided by Democratic Minority on mul- gress places artificial and unnecessary under this new Congress landmark en- tiple occasions throughout the 109th Con- restraints on the Department of De- ergy legislation that will provide relief gress.) fense in getting its own fuel from in years to come. THE VOTE ON THE PREVIOUS QUESTION: WHAT friendly sources, like the coal-to-liq- b 1215 IT REALLY MEANS uid, oil shale, and tar sands resources This vote, the vote on whether to order the that are abundant in the United States We have also passed measure after previous question on a special rule, is not and in Canada, our friend to the north. measure after measure that would pro- merely a procedural vote. A vote against or- Needlessly raising grave national and vide relief to American consumers but dering the previous question is a vote economic security concerns is what only to have them blocked by those on against the Democratic majority agenda and the other side of the aisle and by the a vote to allow the opposition, at least for this Democrat Congress has done to the moment, to offer an alternative plan. It our military. administration. But, today, we don’t rise to dwell on is a vote about what the House should be de- Mr. Speaker, Canada is currently the bating. largest U.S. oil supplier. It sent 1.8 mil- that. We rise to support and to cele- Mr. Clarence Cannon’s Precedents of the lion barrels every day of crude oil and brate this bill. The Americans with House of Representatives (VI, 308–311) de- 500,000 barrels per day of refined prod- Disabilities Act was passed in 1999 with scribes the vote on the previous question on ucts to the United States in 2006. That such a broad coalition of support that the rule as ‘‘a motion to direct or control the is according to the Canadian govern- it was regarded as a mandate, Mr. consideration of the subject before the House Speaker, and we have made progress in being made by the Member in charge.’’ To ment. About half of the Canadian crude defeat the previous question is to give the is derived from oil sands, with the a number of areas to ensure individuals with disabilities are fully able to par- opposition a chance to decide the subject be- sands production forecast to reach al- fore the House. Cannon cites the Speaker’s most 3 million barrels per day in 2015. ticipate in society. But, in many ways, ruling of January 13, 1920, to the effect that Section 526 is choking this flow of the ADA is a promise that remains ‘‘the refusal of the House to sustain the de- fuel from one of our Nation’s most reli- unfulfilled. mand for the previous question passes the able allies and economic partners, and Today, through the ADA Amend- control of the resolution to the opposition’’ is increasing the military’s reliance on ments Act, we are unequivocally dem- in order to offer an amendment. On March fuels from unfriendly and unstable onstrating our commitment to the 15, 1909, a member of the majority party of- fered a rule resolution. The House defeated countries. On top of that, it is causing principle of equal opportunity for all Americans. We will be removing the the previous question and a member of the the American consumer to pay more at opposition rose to a parliamentary inquiry, the pump. We saw a 10-cent rise in the hurdles individuals with disabilities asking who was entitled to recognition. price of each gallon of gasoline just in have faced when trying to enjoy the Speaker Joseph G. Cannon (R-Illinois) said: the last week. freedoms that are the right of every ‘‘The previous question having been refused, Mr. Speaker, now is the time for ac- American. the gentleman from New York, Mr. Fitz- tion. Now is not the time to be suing The ADA Amendments Act has the gerald, who had asked the gentleman to OPEC and to be saying ‘‘no’’ to a bal- full support of one of the most diverse yield to him for an amendment, is entitled to the first recognition.’’ anced energy proposal. coalitions of groups I have ever seen, from the disability community, the Because the vote today may look bad for I ask unanimous consent to have the the Democratic majority they will say ‘‘the text of the amendment and extraneous civil rights community, groups rep- vote on the previous question is simply a material inserted into the RECORD resenting pro-business interests, and vote on whether to proceed to an immediate prior to the vote on the previous ques- from Members on both sides of the vote on adopting the resolution . . . [and] tion. aisle from this, the people’s House. has no substantive legislative or policy im- The SPEAKER pro tempore (Mr. It represents a balance between the plications whatsoever.’’ But that is not what they have always said. Listen to the defini- HOLDEN). Is there objection to the re- interests of employers and individuals tion of the previous question used in the quest of the gentleman from Texas? with disabilities, and it demonstrates our resolve to ensure that all Ameri- Floor Procedures Manual published by the There was no objection. Rules Committee in the 109th Congress, Mr. SESSIONS. I urge my colleagues cans can work to reach their full po- (page 56). Here’s how the Rules Committee to vote for our military and for our tential. described the rule using information from economy, including many disabled peo- I strongly urge my colleagues to sup- Congressional Quarterly’s ‘‘American Con- ple who are having a tough time paying port this rule and the underlying legis- gressional Dictionary’’: ‘‘If the previous for the high energy costs as a result of lation. I urge a ‘‘yes’’ vote on the pre- question is defeated, control of debate shifts this Democrat Congress’ insensitive po- vious question and on the rule. to the leading opposition member (usually sition to not allow Americans to have The material previously referred to the minority Floor Manager) who then man- ages an hour of debate and may offer a ger- by Mr. SESSIONS is as follows: their own energy independence. It is mane amendment to the pending business.’’ time that we produce more from Amer- AMENDMENT TO H. RES. 1299 OFFERED BY MR. Deschler’s Procedure in the U.S. House of ica and from friendly places, like reli- SESSIONS OF TEXAS Representatives, the subchapter titled able sources like Canada. At the end of the resolution, add the fol- ‘‘Amending Special Rules’’ states: ‘‘a refusal Mr. Speaker, I yield back the balance lowing: to order the previous question on such a rule of my time. Sec. 3. Immediately upon the adoption of [a special rule reported from the Committee Ms. SUTTON. Mr. Speaker, my good this resolution the House shall, without on Rules] opens the resolution to amend- friend from Texas is trying to shift the intervention of any point of order, consider ment and further debate.’’ (Chapter 21, sec- in the House the bill (H.R. 5656) to repeal a discussion away from this fantastic, tion 21.2) Section 21.3 continues: ‘‘Upon re- requirement with respect to the procurement jection of the motion for the previous ques- fantastic bill, the Americans With Dis- and acquisition of alternative fuels. All tion on a resolution reported from the Com- abilities Act Amendments, onto an points of order against the bill are waived. mittee on Rules, control shifts to the Mem- issue of energy. But the American peo- The bill shall be considered as read. The pre- ber leading the opposition to the previous ple know that for the past 7 years this vious question shall be considered as ordered question, who may offer a proper amendment country under this administration has on the bill and any amendment thereto to or motion and who controls the time for de- been following an energy policy from final passage without intervening motion ex- bate thereon.’’ the White House written by the Vice cept: (1) one hour of debate on the bill equal- Clearly, the vote on the previous question ly divided and controlled by the chairman on a rule does have substantive policy impli- President with the oil executives. and ranking member of the Committee on cations. It is one of the only available tools Truth be told, there are 68 million House Oversight and Government Reform; for those who oppose the Democratic major- acres of leased land available for drill- and (2) an amendment in the nature of a sub- ity’s agenda and allows those with alter- ing. And we believe that, of course, stitute if offered by Representative Waxman, native views the opportunity to offer an al- that drilling should be taking place on which shall be considered as read and shall ternative plan.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6028 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Ms. SUTTON. Mr. Speaker, I yield Edwards (TX) Lee Roybal-Allard McMorris Regula Smith (NJ) back the balance of my time, and I Ellison Levin Ruppersberger Rodgers Rehberg Smith (TX) Ellsworth Lewis (GA) Ryan (OH) Mica Reichert Souder move the previous question on the res- Emanuel Lipinski Salazar Miller (FL) Renzi Stearns olution. Engel Loebsack Sa´ nchez, Linda Miller (MI) Reynolds Sullivan The SPEAKER pro tempore. The Eshoo Lofgren, Zoe T. Miller, Gary Rogers (AL) Tancredo Moran (KS) Rogers (KY) Terry question is on ordering the previous Etheridge Lowey Sanchez, Loretta Farr Lynch Sarbanes Murphy, Tim Rogers (MI) Thornberry question. Fattah Maloney (NY) Schakowsky Musgrave Rohrabacher Tiahrt The question was taken; and the Filner Markey Schiff Myrick Ros-Lehtinen Tiberi Foster Marshall Schwartz Neugebauer Roskam Turner Speaker pro tempore announced that Nunes Royce Upton Frank (MA) Matheson Scott (GA) the ayes appeared to have it. Paul Ryan (WI) Walberg Giffords Matsui Scott (VA) Gonzalez McCarthy (NY) Pearce Sali Walden (OR) Mr. SESSIONS. Mr. Speaker, on that Serrano Gordon McCollum (MN) Pence Saxton Walsh (NY) I demand the yeas and nays. Sestak Graves McDermott Peterson (PA) Scalise Wamp Shea-Porter The yeas and nays were ordered. Green, Al McGovern Petri Schmidt Weldon (FL) The SPEAKER pro tempore. Pursu- Green, Gene McIntyre Sherman Pickering Sensenbrenner Weller Grijalva McNerney Shuler Pitts Sessions Westmoreland ant to clause 8 of rule XX, further pro- Sires ceedings on this question will be post- Gutierrez McNulty Platts Shadegg Whitfield (KY) Hall (NY) Meek (FL) Skelton Poe Shays Wilson (NM) poned. Hare Meeks (NY) Slaughter Porter Shimkus Wilson (SC) Harman Melancon Smith (WA) Price (GA) Shuster Wittman (VA) f Hastings (FL) Michaud Solis Radanovich Simpson Wolf Herseth Sandlin Miller (NC) Space Ramstad Smith (NE) Young (FL) ANNOUNCEMENT BY THE SPEAKER Higgins Miller, George Spratt PRO TEMPORE Hinchey Mitchell Stark NOT VOTING—14 The SPEAKER pro tempore. Pursu- Hinojosa Mollohan Stupak Baca Lampson Snyder Hirono Moore (KS) Sutton Cannon Mahoney (FL) Speier ant to clause 8 of rule XX, proceedings Hodes Moore (WI) Tanner Cubin Pryce (OH) Watson will resume on questions previously Holden Moran (VA) Tauscher Gillibrand Putnam Wexler postponed. Holt Murphy (CT) Taylor Kuhl (NY) Rush Honda Murphy, Patrick Votes will be taken in the following Thompson (CA) Hooley Murtha Thompson (MS) b 1243 order: Ordering the previous question Hoyer Nadler Tierney Messrs. WHITFIELD of Kentucky, on House Resolution 1298; adopting Inslee Napolitano Towns Israel Neal (MA) Tsongas REICHERT, DONNELLY, and House Resolution 1298, if ordered; or- Jackson (IL) Oberstar Udall (CO) ENGLISH of Pennsylvania changed dering the previous question on House Jackson-Lee Obey Udall (NM) (TX) Olver their vote from ‘‘yea’’ to ‘‘nay.’’ Resolution 1297; adopting House Reso- Van Hollen Jefferson Ortiz So the previous question was ordered. lution 1297, if ordered; ordering the pre- ´ Johnson (GA) Pallone Velazquez The result of the vote was announced vious question on House Resolution Visclosky Johnson, E. B. Pascrell as above recorded. 1299; and adopting House Resolution Jones (OH) Pastor Walz (MN) Wasserman The SPEAKER pro tempore. The 1299, if ordered. Kagen Payne Kanjorski Perlmutter Schultz question is on the resolution. The first electronic vote will be con- Kaptur Peterson (MN) Waters The question was taken; and the ducted as a 15-minute vote. Remaining Watt Kennedy Pomeroy Speaker pro tempore announced that votes will be conducted as 5-minute Kildee Price (NC) Waxman Weiner the ayes appeared to have it. votes. Kilpatrick Rahall Kind Rangel Welch (VT) Mr. HASTINGS of Washington. Mr. f Klein (FL) Reyes Wilson (OH) Speaker, on that I demand the yeas Kucinich Richardson Woolsey and nays. PROVIDING FOR CONSIDERATION Langevin Rodriguez Wu Larsen (WA) Ross Yarmuth The yeas and nays were ordered. OF H.R. 2176, BAY MILLS INDIAN Larson (CT) Rothman Young (AK) The SPEAKER pro tempore. This COMMUNITY LAND CLAIMS SET- will be a 5-minute vote. TLEMENT NAYS—194 The vote was taken by electronic de- The SPEAKER pro tempore. The un- Aderholt Davis (KY) Hill vice, and there were—yeas 207, nays finished business is the vote on order- Akin Davis, David Hobson Alexander Davis, Tom Hoekstra 204, not voting 23, as follows: ing the previous question on House Bachmann Deal (GA) Hulshof [Roll No. 450] Resolution 1298, on which the yeas and Bachus Dent Hunter YEAS—207 nays were ordered. Barrett (SC) Diaz-Balart, L. Inglis (SC) Bartlett (MD) Diaz-Balart, M. The Clerk read the title of the resolu- Issa Abercrombie Chandler Etheridge Barton (TX) Donnelly Johnson (IL) Ackerman Clarke Farr tion. Biggert Doolittle Johnson, Sam Allen Clay Fattah The SPEAKER pro tempore. The Bilirakis Drake Jones (NC) Altmire Cleaver Filner question is on ordering the previous Bishop (UT) Dreier Jordan Andrews Clyburn Foster Blackburn Duncan Arcuri Cohen Frank (MA) question. Keller Blunt Ehlers King (IA) Baird Cole (OK) Giffords The vote was taken by electronic de- Boehner Emerson King (NY) Baldwin Conyers Gonzalez vice, and there were—yeas 226, nays Bonner English (PA) Kingston Barrow Cooper Gordon Bono Mack Everett Kirk Bean Costa Green, Al 194, not voting 14, as follows: Boozman Fallin Kline (MN) Becerra Costello Green, Gene Boustany Feeney [Roll No. 449] Knollenberg Berkley Cramer Grijalva Brady (TX) Ferguson LaHood Berman Crowley Gutierrez YEAS—226 Broun (GA) Flake Lamborn Berry Cuellar Hall (NY) Abercrombie Boyd (FL) Cooper Brown (SC) Forbes Bishop (GA) Cummings Latham Hare Ackerman Boyda (KS) Costa Brown-Waite, Fortenberry Bishop (NY) Davis (AL) Harman LaTourette Allen Brady (PA) Costello Ginny Fossella Boren Davis (CA) Hastings (FL) Latta Altmire Braley (IA) Courtney Buchanan Foxx Boswell Davis (IL) Herseth Sandlin Lewis (CA) Andrews Brown, Corrine Cramer Burgess Franks (AZ) Boucher Davis, Lincoln Higgins Lewis (KY) Arcuri Butterfield Crowley Burton (IN) Frelinghuysen Boyd (FL) DeFazio Hill Linder Baird Capps Cuellar Buyer Gallegly Brady (PA) DeGette Hinchey Baldwin Capuano Cummings Calvert Garrett (NJ) LoBiondo Braley (IA) Delahunt Hinojosa Barrow Cardoza Davis (AL) Camp (MI) Gerlach Lucas Brown, Corrine DeLauro Hirono Bean Carnahan Davis (CA) Campbell (CA) Gilchrest Lungren, Daniel Brown-Waite, Dicks Hodes Becerra Carney Davis (IL) Cantor Gingrey E. Ginny Dingell Holden Berkley Carson Davis, Lincoln Capito Gohmert Mack Butterfield Doggett Holt Berman Castor DeFazio Carter Goode Manzullo Capps Donnelly Hooley Berry Cazayoux DeGette Castle Goodlatte Marchant Capuano Doyle Hoyer Bilbray Chandler Delahunt Chabot Granger McCarthy (CA) Cardoza Edwards (MD) Inslee Bishop (GA) Clarke DeLauro Childers Hall (TX) McCaul (TX) Carnahan Edwards (TX) Israel Bishop (NY) Clay Dicks Coble Hastings (WA) McCotter Carney Ellison Jackson (IL) Blumenauer Cleaver Dingell Cole (OK) Hayes McCrery Carson Ellsworth Jackson-Lee Boren Clyburn Doggett Conaway Heller McHenry Castor Emanuel (TX) Boswell Cohen Doyle Crenshaw Hensarling McHugh Cazayoux Engel Jefferson Boucher Conyers Edwards (MD) Culberson Herger McKeon

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6029 Johnson (GA) Miller, George Serrano Smith (TX) Thornberry Weldon (FL) Jones (OH) Moore (KS) Scott (VA) Johnson, E. B. Mitchell Sestak Souder Tiahrt Weller Kagen Moore (WI) Serrano Kagen Mollohan Shea-Porter Stark Tiberi Westmoreland Kanjorski Moran (VA) Sestak Kanjorski Moore (KS) Sherman Stearns Turner Wilson (NM) Kaptur Murphy (CT) Shea-Porter Kaptur Moore (WI) Sires Sullivan Upton Wilson (SC) Kennedy Murphy, Patrick Sherman Kennedy Moran (VA) Skelton Tancredo Walberg Wittman (VA) Kildee Murtha Shuler Kildee Murphy (CT) Slaughter Taylor Walden (OR) Wolf Kilpatrick Nadler Sires Kind Murphy, Patrick Smith (WA) Terry Wamp Young (FL) Kind Napolitano Skelton Thompson (CA) Waters Klein (FL) Neal (MA) Slaughter Klein (FL) Nadler Solis Larsen (WA) Napolitano Kucinich Oberstar Smith (WA) Space Larson (CT) Oberstar NOT VOTING—23 Langevin Obey Solis Spratt Lee Obey Baca Mahoney (FL) Snyder Larsen (WA) Olver Space Stupak Levin Olver Bilbray Neal (MA) Speier Larson (CT) Ortiz Spratt Sutton Lewis (GA) Ortiz Cannon Pryce (OH) Udall (NM) Lee Pallone Stark Tanner Lipinski Pallone Cubin Putnam Walsh (NY) Levin Pascrell Stupak Tauscher Loebsack Pastor Gillibrand Rogers (AL) Watson Lewis (GA) Pastor Sutton Thompson (MS) Lofgren, Zoe Payne Honda Ros-Lehtinen Wexler Lipinski Payne Tanner Lowey Tierney Loebsack Perlmutter Tauscher Perlmutter Kuhl (NY) Rush Whitfield (KY) Lynch Pomeroy Towns Lampson Saxton Lofgren, Zoe Peterson (MN) Taylor Maloney (NY) Price (NC) Tsongas Lowey Pomeroy Thompson (CA) Markey Rahall Udall (CO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Lynch Price (NC) Thompson (MS) Marshall Rangel Van Hollen The SPEAKER pro tempore (during Maloney (NY) Rahall Tierney Matheson Reyes Vela´ zquez the vote). Members are advised there Markey Rangel Towns Matsui Ross Visclosky Marshall Reichert Tsongas McCarthy (NY) Rothman Walz (MN) are 2 minutes remaining in this vote. Matheson Reyes Udall (CO) McCollum (MN) Roybal-Allard Wasserman Matsui Richardson Udall (NM) McDermott Ryan (OH) Schultz b 1251 McCarthy (NY) Rodriguez Van Hollen McGovern McCollum (MN) Ross Vela´ zquez Salazar Watt McIntyre Sa´ nchez, Linda Mr. HILL changed his vote from McDermott Rothman Visclosky Waxman McNerney T. ‘‘nay’’ to ‘‘yea.’’ McGovern Roybal-Allard Walz (MN) Weiner McNulty Sanchez, Loretta McIntyre Ruppersberger Wasserman Welch (VT) So the resolution was agreed to. Meek (FL) Sarbanes The result of the vote was announced McNerney Ryan (OH) Schultz Meeks (NY) Schakowsky Wilson (OH) McNulty Salazar Waters Melancon Schiff Woolsey as above recorded. Meek (FL) Sa´ nchez, Linda Watt Michaud Schwartz Wu A motion to reconsider was laid on Meeks (NY) T. Waxman Miller (MI) Scott (GA) Yarmuth the table. Melancon Sanchez, Loretta Weiner Miller (NC) Scott (VA) Young (AK) Michaud Sarbanes Welch (VT) f Miller (NC) Schakowsky Wilson (OH) NAYS—204 Miller, George Schiff Woolsey PROVIDING FOR CONSIDERATION Mitchell Schwartz Wu Aderholt Flake McCaul (TX) Mollohan Scott (GA) Yarmuth Akin Forbes McCotter OF H.R. 6275, ALTERNATIVE MIN- Alexander Fortenberry McCrery IMUM TAX RELIEF ACT OF 2008 NAYS—194 Bachmann Fossella McHenry Aderholt Fallin Lungren, Daniel Bachus Foxx McHugh The SPEAKER pro tempore. The un- Akin Feeney E. Barrett (SC) Franks (AZ) McKeon finished business is the vote on order- Alexander Ferguson Mack Bartlett (MD) Frelinghuysen McMorris Bachmann Flake Marchant Barton (TX) Gallegly Rodgers ing the previous question on House Bachus Forbes McCarthy (CA) Biggert Resolution 1297, on which the yeas and Garrett (NJ) Mica Barrett (SC) McCaul (TX) Bilirakis Fortenberry Gerlach Miller (FL) nays were ordered. Bartlett (MD) McCotter Bishop (UT) Fossella Gilchrest Miller, Gary The Clerk read the title of the resolu- Biggert McCrery Blackburn Foxx Gingrey Moran (KS) Bilbray McHenry Blumenauer tion. Franks (AZ) Gohmert Murphy, Tim Bilirakis McHugh Blunt Frelinghuysen Goode Murtha The SPEAKER pro tempore. The Bishop (UT) McKeon Boehner Gallegly Goodlatte Musgrave question is on ordering the previous Blackburn McMorris Bonner Garrett (NJ) Granger Myrick Blunt Rodgers Bono Mack question. Gerlach Graves Neugebauer Boehner Mica Boozman This will be a 5-minute vote. Gilchrest Hall (TX) Nunes Bonner Miller (FL) Boustany Gingrey Hastings (WA) Pascrell The vote was taken by electronic de- Bono Mack Miller (MI) Boyda (KS) Gohmert Hayes Paul vice, and there were—yeas 225, nays Boozman Miller, Gary Brady (TX) Goode Heller Pearce Boustany Moran (KS) Broun (GA) 194, not voting 15, as follows: Goodlatte Hensarling Pence Brady (TX) Murphy, Tim Brown (SC) Granger Herger Peterson (MN) [Roll No. 451] Broun (GA) Musgrave Buchanan Graves Hobson Peterson (PA) Brown (SC) Myrick Burgess YEAS—225 Hall (TX) Hoekstra Petri Brown-Waite, Neugebauer Burton (IN) Abercrombie Childers Hastings (WA) Hulshof Pickering Farr Ginny Nunes Buyer Ackerman Clarke Hayes Hunter Pitts Fattah Buchanan Paul Calvert Allen Clay Heller Inglis (SC) Platts Filner Burgess Pearce Camp (MI) Altmire Cleaver Issa Poe Foster Burton (IN) Hensarling Pence Campbell (CA) Andrews Clyburn Johnson (IL) Porter Frank (MA) Buyer Herger Peterson (PA) Cantor Arcuri Cohen Johnson, Sam Price (GA) Giffords Calvert Hill Petri Capito Baird Conyers Jones (NC) Radanovich Gonzalez Camp (MI) Hobson Pickering Carter Baldwin Cooper Jones (OH) Ramstad Gordon Campbell (CA) Hoekstra Pitts Castle Barrow Costa Jordan Regula Green, Al Cantor Hulshof Platts Chabot Bean Costello Keller Rehberg Green, Gene Capito Hunter Poe Childers Becerra Courtney Kilpatrick Reichert Grijalva Carter Inglis (SC) Porter Coble Berkley Cramer King (IA) Renzi Gutierrez Castle Issa Price (GA) Conaway Berman Crowley King (NY) Reynolds Hall (NY) Chabot Johnson (IL) Radanovich Courtney Berry Cuellar Kingston Richardson Hare Coble Johnson, Sam Ramstad Crenshaw Bishop (GA) Cummings Kirk Rodriguez Harman Cole (OK) Jones (NC) Regula Culberson Bishop (NY) Davis (AL) Kline (MN) Rogers (KY) Hastings (FL) Conaway Jordan Rehberg Davis (KY) Blumenauer Davis (CA) Knollenberg Rogers (MI) Herseth Sandlin Crenshaw Keller Renzi Davis, David Boren Davis (IL) Kucinich Rohrabacher Higgins Culberson King (IA) Reynolds Davis, Tom Boswell Davis, Lincoln LaHood Roskam Hinchey Davis (KY) King (NY) Rogers (AL) Deal (GA) Boucher DeFazio Lamborn Royce Hinojosa Davis, David Kingston Rogers (KY) Dent Boyd (FL) DeGette Langevin Ruppersberger Hirono Davis, Tom Kirk Rogers (MI) Diaz-Balart, L. Boyda (KS) Delahunt Latham Ryan (WI) Hodes Deal (GA) Kline (MN) Rohrabacher Diaz-Balart, M. Brady (PA) DeLauro LaTourette Sali Holden Dent Knollenberg Ros-Lehtinen Doolittle Braley (IA) Dicks Latta Scalise Holt Diaz-Balart, L. Kuhl (NY) Roskam Drake Brown, Corrine Dingell Lewis (CA) Schmidt Honda Diaz-Balart, M. LaHood Royce Dreier Butterfield Doggett Lewis (KY) Sensenbrenner Hooley Donnelly Lamborn Ryan (WI) Duncan Capps Doyle Linder Sessions Hoyer Doolittle Latham Sali Ehlers Capuano Edwards (MD) LoBiondo Shadegg Inslee Drake LaTourette Saxton Emerson Cardoza Edwards (TX) Lucas Shays Israel Dreier Latta Scalise English (PA) Carnahan Ellison Lungren, Daniel Shimkus Jackson (IL) Duncan Lewis (CA) Schmidt Eshoo Carney Ellsworth E. Shuler Jackson-Lee Ehlers Lewis (KY) Sensenbrenner Everett Carson Emanuel Mack Shuster (TX) Emerson Linder Sessions Fallin Castor Engel Manzullo Simpson Jefferson English (PA) LoBiondo Shadegg Feeney Cazayoux Eshoo Marchant Smith (NE) Johnson (GA) Everett Lucas Shays Ferguson McCarthy (CA) Smith (NJ) Chandler Etheridge Johnson, E. B.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6030 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Shimkus Terry Weldon (FL) Moore (WI) Roybal-Allard Sutton Dingell Pryce (OH) Speier Shuster Thornberry Weller Moran (VA) Ruppersberger Tanner King (NY) Putnam Watson Simpson Tiahrt Westmoreland Murphy (CT) Ryan (OH) Tauscher Lampson Rush Wexler Smith (NE) Tiberi Whitfield (KY) Murphy, Patrick Salazar Taylor Mahoney (FL) Snyder Smith (NJ) Turner Wilson (NM) Murtha Sa´ nchez, Linda Thompson (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Smith (TX) Upton Wilson (SC) Nadler T. Thompson (MS) Souder Walberg Wittman (VA) Napolitano Sanchez, Loretta Tierney The SPEAKER pro tempore (during Stearns Walden (OR) Wolf Neal (MA) Sarbanes Towns the vote). There are 2 minutes left in Sullivan Walsh (NY) Young (AK) Oberstar Schakowsky Tsongas this vote. Tancredo Wamp Young (FL) Obey Schiff Udall (CO) Olver Schwartz Udall (NM) NOT VOTING—15 Ortiz Scott (GA) b 1304 Van Hollen Pallone Scott (VA) Baca Lampson Rush Vela´ zquez So the resolution was agreed to. Pascrell Serrano Barton (TX) Mahoney (FL) Snyder Visclosky Cannon Manzullo Speier Pastor Sestak The result of the vote was announced Walz (MN) Cubin Pryce (OH) Watson Payne Shea-Porter as above recorded. Wasserman Gillibrand Putnam Wexler Perlmutter Sherman A motion to reconsider was laid on Peterson (MN) Shuler Schultz ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Pomeroy Sires Waters the table. Watt The SPEAKER pro tempore (during Price (NC) Skelton f Waxman the vote). Members are advised there Rahall Slaughter Rangel Smith (WA) Weiner PROVIDING FOR CONSIDERATION are 2 minutes remaining in this vote. Reyes Solis Welch (VT) Richardson Space Wilson (OH) OF H.R. 3195, ADA AMENDMENTS b 1258 Rodriguez Spratt Woolsey ACT OF 2008 Ross Stark Wu So the previous question was ordered. Rothman Stupak Yarmuth The SPEAKER pro tempore. The un- The result of the vote was announced finished business is the vote on order- as above recorded. NAYS—193 ing the previous question on House The SPEAKER pro tempore. The Aderholt Gerlach Paul Resolution 1299, on which the yeas and question is on the resolution. Akin Gilchrest Pearce nays were ordered. Alexander Gingrey Pence The Clerk read the title of the resolu- The question was taken; and the Bachmann Gohmert Peterson (PA) Speaker pro tempore announced that Bachus Goode Petri tion. the ayes appeared to have it. Barrett (SC) Goodlatte Pickering The SPEAKER pro tempore. The Bartlett (MD) Granger Pitts question is on ordering the previous Mr. HASTINGS of Washington. Mr. Barton (TX) Graves Platts question. Speaker, on that I demand the yeas Biggert Hall (TX) Poe and nays. Bilirakis Hastings (WA) Porter This will be a 5-minute vote. Bishop (UT) Hayes Price (GA) The vote was taken by electronic de- The yeas and nays were ordered. Blackburn Heller Radanovich The SPEAKER pro tempore. This Boehner Hensarling vice, and there were—yeas 221, nays Ramstad Bonner Herger 194, not voting 19, as follows: will be a 5-minute vote. Regula The vote was taken by electronic de- Bono Mack Hill [Roll No. 453] Boozman Hobson Rehberg vice, and there were—yeas 224, nays Boustany Hoekstra Reichert YEAS—221 Renzi 193, not voting 17, as follows: Brady (TX) Hulshof Abercrombie DeFazio Kanjorski Reynolds Broun (GA) Hunter Ackerman DeGette Kaptur [Roll No. 452] Rogers (AL) Brown (SC) Inglis (SC) Allen Delahunt Kennedy Rogers (KY) YEAS—224 Brown-Waite, Issa Altmire DeLauro Kildee Rogers (MI) Abercrombie Davis (AL) Israel Ginny Johnson (IL) Arcuri Dicks Kilpatrick Rohrabacher Ackerman Davis (CA) Jackson (IL) Buchanan Johnson, Sam Baird Dingell Kind Ros-Lehtinen Allen Davis (IL) Jackson-Lee Burgess Jones (NC) Baldwin Doggett Klein (FL) Roskam Altmire Davis, Lincoln (TX) Burton (IN) Jordan Barrow Doyle Kucinich Royce Andrews DeFazio Jefferson Buyer Keller Bean Edwards (MD) Langevin Ryan (WI) Arcuri DeGette Johnson (GA) Calvert King (IA) Becerra Edwards (TX) Larsen (WA) Baird Delahunt Johnson, E. B. Camp (MI) Kingston Sali Berkley Ellison Larson (CT) Baldwin DeLauro Jones (OH) Campbell (CA) Kirk Saxton Berman Ellsworth Lee Barrow Dicks Kagen Cantor Kline (MN) Scalise Berry Emanuel Levin Bean Doggett Kanjorski Capito Knollenberg Schmidt Bishop (GA) Engel Lewis (GA) Becerra Donnelly Kaptur Carter Kuhl (NY) Sensenbrenner Bishop (NY) Eshoo Lipinski Berkley Doyle Kennedy Castle LaHood Sessions Blumenauer Etheridge Loebsack Berman Edwards (MD) Kildee Chabot Lamborn Shadegg Boren Farr Lofgren, Zoe Berry Edwards (TX) Kilpatrick Coble Latham Shays Boswell Fattah Lowey Bishop (NY) Ellison Kind Cole (OK) LaTourette Shimkus Boucher Filner Lynch Blumenauer Ellsworth Klein (FL) Conaway Latta Shuster Boyd (FL) Foster Maloney (NY) Boren Emanuel Kucinich Crenshaw Lewis (CA) Simpson Boyda (KS) Frank (MA) Markey Boswell Engel Langevin Culberson Lewis (KY) Smith (NE) Brady (PA) Giffords Marshall Boucher Eshoo Larsen (WA) Davis (KY) Linder Smith (NJ) Braley (IA) Gillibrand Matheson Boyd (FL) Etheridge Larson (CT) Davis, David LoBiondo Smith (TX) Brown, Corrine Gonzalez Matsui Boyda (KS) Farr Lee Davis, Tom Lucas Souder Butterfield Gordon McCarthy (NY) Brady (PA) Fattah Levin Deal (GA) Lungren, Daniel Stearns Capps Green, Al McCollum (MN) Braley (IA) Filner Lewis (GA) Dent E. Sullivan Capuano Green, Gene McDermott Diaz-Balart, L. Mack Brown, Corrine Foster Lipinski Tancredo Cardoza Grijalva McGovern Diaz-Balart, M. Manzullo Butterfield Frank (MA) Loebsack Terry Carnahan Gutierrez McIntyre Doolittle Marchant Capps Giffords Lofgren, Zoe Thornberry Carney Hall (NY) McNulty Drake McCarthy (CA) Capuano Gillibrand Lowey Tiahrt Carson Hare Meek (FL) Dreier McCaul (TX) Cardoza Gonzalez Lynch Tiberi Castor Harman Meeks (NY) Duncan McCotter Carnahan Gordon Maloney (NY) Turner Cazayoux Hastings (FL) Melancon Carney Green, Al Markey Ehlers McCrery Chandler Herseth Sandlin Michaud Emerson McHenry Upton Carson Green, Gene Marshall Walberg Childers Higgins Miller (NC) English (PA) McHugh Clarke Hinchey Mitchell Castor Grijalva Matheson Walden (OR) Everett McKeon Clay Hinojosa Mollohan Cazayoux Gutierrez Matsui Walsh (NY) Fallin McMorris Cleaver Hirono Moore (KS) Chandler Hall (NY) McCarthy (NY) Wamp Feeney Rodgers Clyburn Hodes Moore (WI) Childers Hare McCollum (MN) Weldon (FL) Ferguson Mica Cohen Holt Moran (VA) Clarke Harman McDermott Weller Clay Hastings (FL) McGovern Flake Miller (FL) Conyers Honda Murphy (CT) Westmoreland Cleaver Herseth Sandlin McIntyre Forbes Miller (MI) Cooper Hooley Murphy, Patrick Whitfield (KY) Clyburn Higgins McNerney Fortenberry Miller, Gary Costa Hoyer Murtha Wilson (NM) Cohen Hinchey McNulty Fossella Moran (KS) Costello Inslee Nadler Wilson (SC) Conyers Hinojosa Meek (FL) Foxx Murphy, Tim Courtney Israel Napolitano Wittman (VA) Cooper Hirono Meeks (NY) Franks (AZ) Musgrave Cramer Jackson (IL) Neal (MA) Costa Hodes Melancon Frelinghuysen Myrick Wolf Crowley Jackson-Lee Oberstar Costello Holden Michaud Gallegly Neugebauer Young (AK) Cuellar (TX) Obey Courtney Holt Miller (NC) Garrett (NJ) Nunes Young (FL) Cummings Jefferson Olver Cramer Honda Miller, George Davis (AL) Johnson (GA) Ortiz Crowley Hooley Mitchell NOT VOTING—17 Davis (CA) Johnson, E. B. Pallone Cuellar Hoyer Mollohan Baca Bishop (GA) Cannon Davis (IL) Jones (OH) Pascrell Cummings Inslee Moore (KS) Bilbray Blunt Cubin Davis, Lincoln Kagen Pastor

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6031

Payne Schwartz Thompson (MS) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (2) by striking ‘‘($44,350 in the case of tax- Perlmutter Scott (GA) Tierney The SPEAKER pro tempore (during able years beginning in 2007)’’ in subpara- Peterson (MN) Scott (VA) Towns the vote). There are 2 minutes remain- graph (B) and inserting ‘‘($46,200 in the case Pomeroy Serrano Tsongas of taxable years beginning in 2008)’’. Price (NC) Sestak ing in this vote. Udall (CO) (b) EFFECTIVE DATE.—The amendments Rahall Shea-Porter Udall (NM) Rangel Sherman b 1312 made by this section shall apply to taxable Van Hollen years beginning after December 31, 2007. Reichert Shuler Vela´ zquez Reyes Sires So the previous question was ordered. SEC. 102. EXTENSION OF ALTERNATIVE MINIMUM Visclosky Richardson Skelton The result of the vote was announced TAX RELIEF FOR NONREFUNDABLE Walz (MN) Rodriguez Slaughter as above recorded. PERSONAL CREDITS. Wasserman Ross Smith (WA) (a) IN GENERAL.—Paragraph (2) of section Schultz The SPEAKER pro tempore. The Rothman Solis 26(a) is amended— Roybal-Allard Space Waters question is on the resolution. Watt The resolution was agreed to. (1) by striking ‘‘or 2007’’ and inserting Ryan (OH) Spratt ‘‘2007, or 2008’’, and Salazar Stark Waxman A motion to reconsider was laid on (2) by striking ‘‘2007’’ in the heading thereof Sa´ nchez, Linda Stupak Weiner the table. T. Sutton Welch (VT) and inserting ‘‘2008’’. Sanchez, Loretta Tanner Wilson (OH) f (b) EFFECTIVE DATE.—The amendments Sarbanes Tauscher Woolsey made by this section shall apply to taxable Schakowsky Taylor Wu ALTERNATIVE MINIMUM TAX years beginning after December 31, 2007. Schiff Thompson (CA) Yarmuth RELIEF ACT OF 2008 TITLE II—REVENUE PROVISIONS NAYS—194 Mr. RANGEL. Mr. Speaker, I call up SEC. 201. INCOME OF PARTNERS FOR PER- the bill (H.R. 6275) to amend the Inter- FORMING INVESTMENT MANAGE- Aderholt Garrett (NJ) Myrick MENT SERVICES TREATED AS ORDI- Akin Gerlach Neugebauer nal Revenue Code of 1986 to provide in- NARY INCOME RECEIVED FOR PER- Alexander Gilchrest Nunes dividuals temporary relief from the al- FORMANCE OF SERVICES. Bachmann Gingrey Paul ternative minimum tax, and for other (a) IN GENERAL.—Part I of subchapter K of Bachus Gohmert Pearce chapter 1 is amended by adding at the end Barrett (SC) Goode purposes, and ask for its immediate Pence the following new section: Bartlett (MD) Goodlatte Peterson (PA) consideration. Barton (TX) Granger Petri The Clerk read the title of the bill. ‘‘SEC. 710. SPECIAL RULES FOR PARTNERS PRO- Biggert Graves Pickering VIDING INVESTMENT MANAGEMENT The text of the bill is as follows: SERVICES TO PARTNERSHIP. Bilbray Hall (TX) Pitts Bilirakis Hastings (WA) Platts H.R. 6275 ‘‘(a) TREATMENT OF DISTRIBUTIVE SHARE OF Bishop (UT) Hayes Poe Be it enacted by the Senate and House of Rep- PARTNERSHIP ITEMS.—For purposes of this Blackburn Heller Porter resentatives of the United States of America in title, in the case of an investment services Boehner Hensarling Price (GA) Congress assembled, partnership interest— Bonner Herger Radanovich SECTION 1. SHORT TITLE, ETC. ‘‘(1) IN GENERAL.—Notwithstanding section Bono Mack Hill Ramstad 702(b)— Boozman Hobson Regula (a) SHORT TITLE.—This Act may be cited as Boustany Hoekstra the ‘‘Alternative Minimum Tax Relief Act of ‘‘(A) any net income with respect to such Rehberg interest for any partnership taxable year Brady (TX) Holden Renzi 2008’’. shall be treated as ordinary income for the Broun (GA) Hulshof Reynolds (b) REFERENCE.—Except as otherwise ex- Brown (SC) Hunter Rogers (AL) pressly provided, whenever in this Act an performance of services, and Brown-Waite, Inglis (SC) Rogers (KY) ‘‘(B) any net loss with respect to such in- Ginny Issa amendment or repeal is expressed in terms of Rogers (MI) an amendment to, or repeal of, a section or terest for such year, to the extent not dis- Buchanan Johnson (IL) Rohrabacher allowed under paragraph (2) for such year, Burgess Johnson, Sam other provision, the reference shall be con- Ros-Lehtinen shall be treated as an ordinary loss. Buyer Jones (NC) Roskam sidered to be made to a section or other pro- Calvert Jordan All items of income, gain, deduction, and Royce vision of the Internal Revenue Code of 1986. Camp (MI) Keller loss which are taken into account in com- Ryan (WI) (c) TABLE OF CONTENTS.—The table of con- Campbell (CA) King (IA) puting net income or net loss shall be treat- Sali tents for this Act is as follows: Cantor King (NY) Saxton ed as ordinary income or ordinary loss (as Capito Kingston Sec. 1. Short title, etc. Scalise the case may be). Carter Kirk Schmidt TITLE I—INDIVIDUAL TAX RELIEF ‘‘(2) TREATMENT OF LOSSES.— Castle Kline (MN) Sensenbrenner ‘‘(A) LIMITATION.—Any net loss with re- Chabot Knollenberg Sec. 101. Extension of increased alternative Sessions Coble Kuhl (NY) minimum tax exemption spect to such interest shall be allowed for Cole (OK) LaHood Shadegg amount. any partnership taxable year only to the ex- Conaway Lamborn Shays Sec. 102. Extension of alternative minimum tent that such loss does not exceed the ex- Crenshaw Latham Shimkus tax relief for nonrefundable per- cess (if any) of— Culberson LaTourette Shuster ‘‘(i) the aggregate net income with respect Simpson sonal credits. Davis (KY) Latta to such interest for all prior partnership tax- Davis, David Lewis (CA) Smith (NE) TITLE II—REVENUE PROVISIONS Smith (NJ) able years, over Davis, Tom Lewis (KY) Sec. 201. Income of partners for performing ‘‘(ii) the aggregate net loss with respect to Deal (GA) Linder Smith (TX) investment management serv- Dent LoBiondo Souder such interest not disallowed under this sub- Stearns ices treated as ordinary income paragraph for all prior partnership taxable Diaz-Balart, L. Lucas received for performance of Diaz-Balart, M. Lungren, Daniel Sullivan years. Donnelly E. Tancredo services. ‘‘(B) CARRYFORWARD.—Any net loss for any Doolittle Mack Terry Sec. 202. Limitation of deduction for income partnership taxable year which is not al- Drake Manzullo Thornberry attributable to domestic pro- lowed by reason of subparagraph (A) shall be Dreier Marchant Tiahrt duction of oil, gas, or primary Tiberi treated as an item of loss with respect to Duncan McCarthy (CA) products thereof. such partnership interest for the succeeding Ehlers McCaul (TX) Turner Sec. 203. Limitation on treaty benefits for Emerson McCotter Upton partnership taxable year. Walden (OR) certain deductible payments. ‘‘(C) BASIS ADJUSTMENT.—No adjustment to English (PA) McCrery Sec. 204. Returns relating to payments made Everett McHenry Walsh (NY) the basis of a partnership interest shall be Fallin McHugh Wamp in settlement of payment card made on account of any net loss which is not Feeney McKeon Weldon (FL) and third party network trans- allowed by reason of subparagraph (A). Ferguson McMorris Weller actions. ‘‘(D) EXCEPTION FOR BASIS ATTRIBUTABLE TO Westmoreland Flake Rodgers Sec. 205. Application of continuous levy to PURCHASE OF A PARTNERSHIP INTEREST.—In Whitfield (KY) Forbes Mica property sold or leased to the the case of an investment services partner- Fortenberry Miller (FL) Wilson (NM) Federal Government. ship interest acquired by purchase, para- Fossella Miller (MI) Wilson (SC) Sec. 206. Time for payment of corporate esti- Foxx Miller, Gary Wittman (VA) graph (1)(B) shall not apply to so much of Franks (AZ) Moran (KS) Wolf mated taxes. any net loss with respect to such interest for Frelinghuysen Murphy, Tim Young (AK) TITLE I—INDIVIDUAL TAX RELIEF any taxable year as does not exceed the ex- Gallegly Young (FL) Musgrave SEC. 101. EXTENSION OF INCREASED ALTER- cess of— ‘‘(i) the basis of such interest immediately NOT VOTING—19 NATIVE MINIMUM TAX EXEMPTION AMOUNT. after such purchase, over Andrews Mahoney (FL) Snyder (a) IN GENERAL.—Paragraph (1) of section ‘‘(ii) the aggregate net loss with respect to Baca McNerney Speier 55(d) is amended— such interest to which paragraph (1)(B) did Blunt Miller, George Walberg Burton (IN) Pryce (OH) (1) by striking ‘‘($66,250 in the case of tax- not apply by reason of this subparagraph for Watson able years beginning in 2007)’’ in subpara- all prior taxable years. Cannon Putnam Wexler Cubin Ruppersberger graph (A) and inserting ‘‘($69,950 in the case Any net loss to which paragraph (1)(B) does Lampson Rush of taxable years beginning in 2008)’’, and not apply by reason of this subparagraph

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6032 CONGRESSIONAL RECORD — HOUSE June 25, 2008 shall not be taken into account under sub- ‘‘(A) Advising as to the advisability of in- which the investment management services paragraph (A). vesting in, purchasing, or selling any speci- are performed, ‘‘(E) PRIOR PARTNERSHIP YEARS.—Any ref- fied asset. any income or gain with respect to such in- erence in this paragraph to prior partnership ‘‘(B) Managing, acquiring, or disposing of terest shall be treated as ordinary income taxable years shall only include prior part- any specified asset. for the performance of services. Rules simi- nership taxable years to which this section ‘‘(C) Arranging financing with respect to lar to the rules of subsection (c)(2) shall applies. acquiring specified assets. apply where such interest was acquired on ‘‘(3) NET INCOME AND LOSS.—For purposes of ‘‘(D) Any activity in support of any service account of invested capital in such entity. this section— described in subparagraphs (A) through (C). ‘‘(2) DEFINITIONS.—For purposes of this sub- ‘‘(A) NET INCOME.—The term ‘net income’ For purposes of this paragraph, the term section— means, with respect to any investment serv- ‘specified asset’ means securities (as defined ‘‘(A) DISQUALIFIED INTEREST.—The term ices partnership interest, for any partnership in section 475(c)(2) without regard to the last ‘disqualified interest’ means, with respect to taxable year, the excess (if any) of— sentence thereof), real estate, commodities any entity— ‘‘(i) all items of income and gain taken (as defined in section 475(e)(2))), or options or ‘‘(i) any interest in such entity other than into account by the holder of such interest derivative contracts with respect to securi- indebtedness, under section 702 with respect to such inter- ties (as so defined), real estate, or commod- ‘‘(ii) convertible or contingent debt of such est for such year, over ities (as so defined). entity, ‘‘(ii) all items of deduction and loss so ‘‘(2) EXCEPTION FOR CERTAIN CAPITAL INTER- ‘‘(iii) any option or other right to acquire taken into account. ESTS.— property described in clause (i) or (ii), and ‘‘(B) NET LOSS.—The term ‘net loss’ means ‘‘(A) IN GENERAL.—If— ‘‘(iv) any derivative instrument entered with respect to such interest for such year, ‘‘(i) a portion of an investment services into (directly or indirectly) with such entity the excess (if any) of the amount described in partnership interest is acquired on account or any investor in such entity. subparagraph (A)(ii) over the amount de- of a contribution of invested capital, and Such term shall not include a partnership in- scribed in subparagraph (A)(i). ‘‘(ii) the partnership makes a reasonable terest and shall not include stock in a tax- allocation of partnership items between the able corporation. ‘‘(b) DISPOSITIONS OF PARTNERSHIP INTER- portion of the distributive share that is with ‘‘(B) TAXABLE CORPORATION.—The term ESTS.— respect to invested capital and the portion of ‘taxable corporation’ means— ‘‘(1) GAIN.—Any gain on the disposition of such distributive share that is not with re- an investment services partnership interest ‘‘(i) a domestic C corporation, or spect to invested capital, shall be treated as ordinary income for the ‘‘(ii) a foreign corporation subject to a then subsection (a) shall not apply to the performance of services. comprehensive foreign income tax. portion of the distributive share that is with ‘‘(C) INVESTMENT MANAGEMENT SERVICES.— ‘‘(2) LOSS.—Any loss on the disposition of respect to invested capital. An allocation an investment services partnership interest The term ‘investment management services’ will not be treated as reasonable for purposes shall be treated as an ordinary loss to the ex- means a substantial quantity of any of the of this subparagraph if such allocation would tent of the excess (if any) of— services described in subsection (c)(1) which result in the partnership allocating a greater ‘‘(A) the aggregate net income with respect are provided in the conduct of the trade or portion of income to invested capital than business of providing such services. to such interest for all partnership taxable any other partner not providing services years, over ‘‘(D) COMPREHENSIVE FOREIGN INCOME would have been allocated with respect to TAX.—The term ‘comprehensive foreign in- ‘‘(B) the aggregate net loss with respect to the same amount of invested capital. such interest allowed under subsection (a)(2) come tax’ means, with respect to any foreign ‘‘(B) SPECIAL RULE FOR DISPOSITIONS.—In for all partnership taxable years. corporation, the income tax of a foreign any case to which subparagraph (A) applies, country if— ‘‘(3) DISPOSITION OF PORTION OF INTEREST.— subsection (b) shall not apply to any gain or In the case of any disposition of an invest- ‘‘(i) such corporation is eligible for the loss allocable to invested capital. The por- benefits of a comprehensive income tax trea- ment services partnership interest, the tion of any gain or loss attributable to in- amount of net loss which otherwise would ty between such foreign country and the vested capital is the proportion of such gain United States, or have (but for subsection (a)(2)(C)) applied to or loss which is based on the distributive reduce the basis of such interest shall be dis- ‘‘(ii) such corporation demonstrates to the share of gain or loss that would have been al- satisfaction of the Secretary that such for- regarded for purposes of this section for all locable to invested capital under subpara- succeeding partnership taxable years. eign country has a comprehensive income graph (A) if the partnership sold all of its as- tax. ‘‘(4) DISTRIBUTIONS OF PARTNERSHIP PROP- sets immediately before the disposition. ‘‘(e) REGULATIONS.—The Secretary shall ERTY.—In the case of any distribution of ‘‘(C) INVESTED CAPITAL.—For purposes of prescribe such regulations as are necessary property by a partnership with respect to this paragraph, the term ‘invested capital’ or appropriate to carry out the purposes of any investment services partnership interest means, the fair market value at the time of this section, including regulations to— held by a partner— contribution of any money or other property ‘‘(1) prevent the avoidance of the purposes ‘‘(A) the excess (if any) of— contributed to the partnership. of this section, and ‘‘(i) the fair market value of such property ‘‘(D) TREATMENT OF CERTAIN LOANS.— ‘‘(2) coordinate this section with the other at the time of such distribution, over ‘‘(i) PROCEEDS OF PARTNERSHIP LOANS NOT provisions of this subchapter. ‘‘(ii) the adjusted basis of such property in TREATED AS INVESTED CAPITAL OF SERVICE ‘‘(f) CROSS REFERENCE.—For 40 percent no the hands of the partnership, PROVIDING PARTNERS.—For purposes of this fault penalty on certain underpayments due shall be taken into account as an increase in paragraph, an investment services partner- to the avoidance of this section, see section such partner’s distributive share of the tax- ship interest shall not be treated as acquired 6662.’’. able income of the partnership (except to the on account of a contribution of invested cap- (b) APPLICATION TO REAL ESTATE INVEST- extent such excess is otherwise taken into ital to the extent that such capital is attrib- MENT TRUSTS.— account in determining the taxable income utable to the proceeds of any loan or other (1) IN GENERAL.—Subsection (c) of section of the partnership), advance made or guaranteed, directly or in- 856 is amended by adding at the end the fol- ‘‘(B) such property shall be treated for pur- directly, by any partner or the partnership. lowing new paragraph: poses of subpart B of part II as money dis- ‘‘(ii) LOANS FROM NONSERVICE PROVIDING ‘‘(9) EXCEPTION FROM RECHARACTERIZATION tributed to such partner in an amount equal PARTNERS TO THE PARTNERSHIP TREATED AS OF INCOME FROM INVESTMENT SERVICES PART- to such fair market value, and INVESTED CAPITAL.—For purposes of this NERSHIP INTERESTS.— ‘‘(C) the basis of such property in the hands paragraph, any loan or other advance to the ‘‘(A) IN GENERAL.—Paragraphs (2), (3), and of such partner shall be such fair market partnership made or guaranteed, directly or (4) shall be applied without regard to section value. indirectly, by a partner not providing serv- 710 (relating to special rules for partners pro- Subsection (b) of section 734 shall be applied ices to the partnership shall be treated as in- viding investment management services to without regard to the preceding sentence. vested capital of such partner and amounts partnership). ‘‘(5) APPLICATION OF SECTION 751.—In apply- of income and loss treated as allocable to in- ‘‘(B) SPECIAL RULE FOR PARTNERSHIPS ing section 751(a), an investment services vested capital shall be adjusted accordingly. OWNED BY REITS.—Section 7704 shall be ap- partnership interest shall be treated as an ‘‘(d) OTHER INCOME AND GAIN IN CONNECTION plied without regard to section 710 in the inventory item. WITH INVESTMENT MANAGEMENT SERVICES.— case of a partnership which meets each of ‘‘(c) INVESTMENT SERVICES PARTNERSHIP IN- ‘‘(1) IN GENERAL.—If— the following requirements: TEREST.—For purposes of this section— ‘‘(A) a person performs (directly or indi- ‘‘(i) Such partnership is treated as publicly ‘‘(1) IN GENERAL.—The term ‘investment rectly) investment management services for traded under section 7704 solely by reason of services partnership interest’ means any in- any entity, interests in such partnership being convert- terest in a partnership which is held by any ‘‘(B) such person holds a disqualified inter- ible into interests in a real estate invest- person if such person provides (directly or in- est with respect to such entity, and ment trust which is publicly traded. directly) a substantial quantity of any of the ‘‘(C) the value of such interest (or pay- ‘‘(ii) 50 percent or more of the capital and following services with respect to the assets ments thereunder) is substantially related to profits interests of such partnership are of the partnership in the conduct of the the amount of income or gain (whether or owned, directly or indirectly, at all times trade or business of providing such services: not realized) from the assets with respect to during the taxable year by such real estate

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6033 investment trust (determined with the appli- ices (as defined in section 710(d)(2) of such ‘‘(ii) the qualified production activities in- cation of section 267(c)). Code);’’. come of the taxpayer for the taxable year, or ‘‘(iii) Such partnership meets the require- (5) The table of sections for part I of sub- ‘‘(iii) taxable income (determined without ments of paragraphs (2), (3), and (4) (applied chapter K of chapter 1 is amended by adding regard to this section). without regard to section 710).’’. at the end the following new item: ‘‘(B) OIL RELATED QUALIFIED PRODUCTION (2) CONFORMING AMENDMENT.—Paragraph ‘‘Sec. 710. Special rules for partners pro- ACTIVITIES INCOME.—The term ‘oil related (4) of section 7704(d) is amended by inserting viding investment management qualified production activities income’ ‘‘(determined without regard to section services to partnership.’’. means for any taxable year the qualified pro- 856(c)(8))’’ after ‘‘856(c)(2)’’. (e) EFFECTIVE DATE.— duction activities income which is attrib- (c) IMPOSITION OF PENALTY ON UNDERPAY- (1) IN GENERAL.—Except as otherwise pro- utable to the production, refining, proc- MENTS.— vided in this subsection, the amendments essing, transportation, or distribution of oil, (1) IN GENERAL.—Subsection (b) of section made by this section shall apply to taxable gas, or any primary product thereof during 6662 is amended by inserting after paragraph years ending after June 18, 2008. such taxable year.’’. (5) the following new paragraph: (2) PARTNERSHIP TAXABLE YEARS WHICH IN- (2) CONFORMING AMENDMENT.—Section ‘‘(6) The application of subsection (d) of CLUDE EFFECTIVE DATE.—In applying section 199(d)(2) (relating to application to individ- section 710 or the regulations prescribed 710(a) of the Internal Revenue Code of 1986 uals) is amended by striking ‘‘subsection under section 710(e) to prevent the avoidance (as added by this section) in the case of any (a)(1)(B)’’ and inserting ‘‘subsections (a)(1)(B) of the purposes of section 710.’’. partnership taxable year which includes and (d)(9)(A)(iii)’’. (2) AMOUNT OF PENALTY.— June 18, 2008, the amount of the net income (c) EFFECTIVE DATE.—The amendments (A) IN GENERAL.—Section 6662 is amended referred to in such section shall be treated as made by this section shall apply to taxable by adding at the end the following new sub- being the lesser of the net income for the en- years beginning after December 31, 2008. section: tire partnership taxable year or the net in- ‘‘(i) INCREASE IN PENALTY IN CASE OF PROP- come determined by only taking into ac- SEC. 203. LIMITATION ON TREATY BENEFITS FOR ERTY TRANSFERRED FOR INVESTMENT MAN- count items attributable to the portion of CERTAIN DEDUCTIBLE PAYMENTS. AGEMENT SERVICES.—In the case of any por- the partnership taxable year which is after (a) IN GENERAL.—Section 894 (relating to tion of an underpayment to which this sec- such date. income affected by treaty) is amended by tion applies by reason of subsection (b)(6), (3) DISPOSITIONS OF PARTNERSHIP INTER- adding at the end the following new sub- subsection (a) shall be applied with respect ESTS.—Section 710(b) of the Internal Revenue section: to such portion by substituting ‘40 percent’ Code of 1986 (as added by this section) shall ‘‘(d) LIMITATION ON TREATY BENEFITS FOR for ‘20 percent’.’’. apply to dispositions and distributions after CERTAIN DEDUCTIBLE PAYMENTS.— (B) CONFORMING AMENDMENTS.—Subpara- June 18, 2008. ‘‘(1) IN GENERAL.—In the case of any de- graph (B) of section 6662A(e)(2) is amended— (4) OTHER INCOME AND GAIN IN CONNECTION ductible related-party payment, any with- (i) by striking ‘‘section 6662(h)’’ and insert- WITH INVESTMENT MANAGEMENT SERVICES.— holding tax imposed under chapter 3 (and ing ‘‘subsection (h) or (i) of section 6662’’, Section 710(d) of such Code (as added by this and section) shall take effect on June 18, 2008. any tax imposed under subpart A or B of this part) with respect to such payment may not (ii) by striking ‘‘GROSS VALUATION (5) PUBLICLY TRADED PARTNERSHIPS.—For MISSTATEMENT PENALTY’’ in the heading and purposes of applying section 7704, the amend- be reduced under any treaty of the United inserting ‘‘CERTAIN INCREASED UNDER- ments made by this section shall apply to States unless any such withholding tax PAYMENT PENALTIES’’. taxable years beginning after December 31, would be reduced under a treaty of the (3) REASONABLE CAUSE EXCEPTION NOT AP- 2010. United States if such payment were made di- PLICABLE.—Subsection (c) of section 6664 is SEC. 202. LIMITATION OF DEDUCTION FOR IN- rectly to the foreign parent corporation. amended— COME ATTRIBUTABLE TO DOMESTIC ‘‘(2) DEDUCTIBLE RELATED-PARTY PAY- (A) by redesignating paragraphs (2) and (3) PRODUCTION OF OIL, GAS, OR PRI- MENT.—For purposes of this subsection, the as paragraphs (3) and (4), respectively, MARY PRODUCTS THEREOF. term ‘deductible related-party payment’ (B) by striking ‘‘paragraph (2)’’ in para- (a) DENIAL OF DEDUCTION FOR MAJOR INTE- means any payment made, directly or indi- graph (4), as so redesignated, and inserting GRATED OIL COMPANIES FOR INCOME ATTRIB- rectly, by any person to any other person if ‘‘paragraph (3)’’, and UTABLE TO DOMESTIC PRODUCTION OF OIL, the payment is allowable as a deduction GAS, OR PRIMARY PRODUCTS THEREOF.— (C) by inserting after paragraph (1) the fol- under this chapter and both persons are (1) IN GENERAL.—Subparagraph (B) of sec- lowing new paragraph: members of the same foreign controlled tion 199(c)(4) (relating to exceptions) is ‘‘(2) EXCEPTION.—Paragraph (1) shall not group of entities. amended by striking ‘‘or’’ at the end of apply to any portion of an underpayment to ‘‘(3) FOREIGN CONTROLLED GROUP OF ENTI- clause (ii), by striking the period at the end which this section applies by reason of sub- TIES.—For purposes of this subsection— of clause (iii) and inserting ‘‘, or’’, and by in- section (b)(6).’’. ‘‘(A) IN GENERAL.—The term ‘foreign con- (d) CONFORMING AMENDMENTS.— serting after clause (iii) the following new trolled group of entities’ means a controlled (1) Subsection (d) of section 731 is amended clause: group of entities the common parent of by inserting ‘‘section 710(b)(4) (relating to ‘‘(iv) in the case of any major integrated which is a foreign corporation. oil company (as defined in section distributions of partnership property),’’ be- ‘‘(B) CONTROLLED GROUP OF ENTITIES.—The fore ‘‘section 736’’. 167(h)(5)(B)), the production, refining, proc- term ‘controlled group of entities’ means a (2) Section 741 is amended by inserting ‘‘or essing, transportation, or distribution of oil, controlled group of corporations as defined section 710 (relating to special rules for part- gas, or any primary product thereof during in section 1563(a)(1), except that— any taxable year described in section ners providing investment management serv- ‘‘(i) ‘more than 50 percent’ shall be sub- 167(h)(5)(B).’’. ices to partnership)’’ before the period at the stituted for ‘at least 80 percent’ each place it (2) PRIMARY PRODUCT.—Section 199(c)(4)(B) end. appears therein, and is amended by adding at the end the fol- (3) Paragraph (13) of section 1402(a) is ‘‘(ii) the determination shall be made with- lowing flush sentence: amended— out regard to subsections (a)(4) and (b)(2) of ‘‘For purposes of clause (iv), the term ‘pri- (A) by striking ‘‘other than guaranteed’’ section 1563. mary product’ has the same meaning as and inserting ‘‘other than— A partnership or any other entity (other when used in section 927(a)(2)(C), as in effect ‘‘(A) guaranteed’’, before its repeal.’’. than a corporation) shall be treated as a (B) by striking the semicolon at the end (b) LIMITATION ON OIL RELATED QUALIFIED member of a controlled group of entities if and inserting ‘‘, and’’, and PRODUCTION ACTIVITIES INCOME FOR TAX- such entity is controlled (within the mean- (C) by adding at the end the following new PAYERS OTHER THAN MAJOR INTEGRATED OIL ing of section 954(d)(3)) by members of such subparagraph: COMPANIES.— group (including any entity treated as a ‘‘(B) any income treated as ordinary in- (1) IN GENERAL.—Section 199(d) is amended member of such group by reason of this sen- come under section 710 received by an indi- by redesignating paragraph (9) as paragraph tence). vidual who provides investment management (10) and by inserting after paragraph (8) the ‘‘(4) FOREIGN PARENT CORPORATION.—For services (as defined in section 710(d)(2));’’. following new paragraph: purposes of this subsection, the term ‘foreign (4) Paragraph (12) of section 211(a) of the ‘‘(9) SPECIAL RULE FOR TAXPAYERS WITH OIL parent corporation’ means, with respect to Social Security Act is amended— RELATED QUALIFIED PRODUCTION ACTIVITIES IN- any deductible related-party payment, the (A) by striking ‘‘other than guaranteed’’ COME.— common parent of the foreign controlled and inserting ‘‘other than— ‘‘(A) IN GENERAL.—If a taxpayer (other group of entities referred to in paragraph ‘‘(A) guaranteed’’, than a major integrated oil company (as de- (3)(A). (B) by striking the semicolon at the end fined in section 167(h)(5)(B))) has oil related ‘‘(5) REGULATIONS.—The Secretary may and inserting ‘‘, and’’, and qualified production activities income for prescribe such regulations or other guidance (C) by adding at the end the following new any taxable year beginning after 2009, the as are necessary or appropriate to carry out subparagraph: amount of the deduction under subsection (a) the purposes of this subsection, including ‘‘(B) any income treated as ordinary in- shall be reduced by 3 percent of the least of— regulations or other guidance which provide come under section 710 of the Internal Rev- ‘‘(i) the oil related qualified production ac- for— enue Code of 1986 received by an individual tivities income of the taxpayer for the tax- ‘‘(A) the treatment of two or more persons who provides investment management serv- able year, as members of a foreign controlled group of

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Such statement may be furnished made by this section shall apply to payments ‘‘(A) IN GENERAL.—The term ‘participating electronically. ‘‘(g) REGULATIONS.—The Secretary may made after the date of the enactment of this payee’ ‘’ means— prescribe such regulations or other guidance Act. ‘‘(i) in the case of a payment card trans- as may be necessary or appropriate to carry SEC. 204. RETURNS RELATING TO PAYMENTS action, any person who accepts a payment out this section, including rules to prevent MADE IN SETTLEMENT OF PAYMENT card as payment, and CARD AND THIRD PARTY NETWORK the reporting of the same transaction more TRANSACTIONS. ‘‘(ii) in the case of a third party network than once.’’. (a) IN GENERAL.—Subpart B of part III of transaction, any person who accepts pay- (b) PENALTY FOR FAILURE TO FILE.— subchapter A of chapter 61 is amended by ment from a third party settlement organi- (1) RETURN.—Subparagraph (B) of section adding at the end the following new section: zation in settlement of such transaction. 6724(d)(1) is amended— ‘‘SEC. 6050W. RETURNS RELATING TO PAYMENTS ‘‘(B) EXCLUSION OF FOREIGN PERSONS.—Ex- (A) by striking ‘‘and’’ at the end of clause MADE IN SETTLEMENT OF PAYMENT cept as provided by the Secretary in regula- (xx), CARD AND THIRD PARTY NETWORK tions or other guidance, such term shall not (B) by redesignating the clause (xix) that TRANSACTIONS. include any person with a foreign address. follows clause (xx) as clause (xxi), ‘‘(a) IN GENERAL.—Each payment settle- ‘‘(C) INCLUSION OF GOVERNMENTAL UNITS.— (C) by striking ‘‘and’’ at the end of clause ment entity shall make a return for each The term ‘person’ includes any governmental (xxi), as redesignated by subparagraph (B) calendar year setting forth— unit (and any agency or instrumentality and inserting ‘‘or’’, and ‘‘(1) the name, address, and TIN of each thereof). (D) by adding at the end the following: participating payee to whom one or more ‘‘(2) PAYMENT CARD.—The term ‘payment ‘‘(xxii) section 6050W (relating to returns payments in settlement of reportable pay- card’ means any card which is issued pursu- to payments made in settlement of payment ment transactions are made, and ant to an agreement or arrangement which card transactions), and’’. ‘‘(2) the gross amount of the reportable provides for— (2) STATEMENT.—Paragraph (2) of section payment transactions with respect to each ‘‘(A) one or more issuers of such cards, 6724(d) is amended by inserting a comma at such participating payee. ‘‘(B) a network of persons unrelated to the end of subparagraph (BB), by striking Such return shall be made at such time and each other, and to the issuer, who agree to the period at the end of the subparagraph in such form and manner as the Secretary accept such cards as payment, and (CC) and inserting ‘‘, or’’, and by inserting may require by regulations. ‘‘(C) standards and mechanisms for settling after subparagraph (CC) the following: ‘‘(b) PAYMENT SETTLEMENT ENTITY.—For the transactions between the merchant ac- purposes of this section— ‘‘(DD) section 6050W(c) (relating to returns quiring banks and the persons who agree to relating to payments made in settlement of ‘‘(1) IN GENERAL.—The term ‘payment set- tlement entity’ means— accept such cards as payment. payment card transactions).’’. (c) APPLICATION OF BACKUP WITHHOLDING.— ‘‘(A) in the case of a payment card trans- The acceptance as payment of any account Paragraph (3) of section 3406(b) is amended action, the merchant acquiring bank, and number or other indicia associated with a by striking ‘‘or’’ at the end of subparagraph ‘‘(B) in the case of a third party network payment card shall be treated for purposes of (D), by striking the period at the end of sub- transaction, the third party settlement orga- this section in the same manner as accepting paragraph (E) and inserting ‘‘, or’’, and by nization. such payment card as payment. ‘‘(3) THIRD PARTY PAYMENT NETWORK.—The adding at the end the following new subpara- ‘‘(2) MERCHANT ACQUIRING BANK.—The term graph: ‘merchant acquiring bank’ means the bank term ‘third party payment network’ means any agreement or arrangement— ‘‘(F) section 6050W (relating to returns re- or other organization which has the contrac- lating to payments made in settlement of tual obligation to make payment to partici- ‘‘(A) which involves the establishment of accounts with a central organization for the payment card transactions).’’. pating payees in settlement of payment card (d) CLERICAL AMENDMENT.—The table of transactions. purpose of settling transactions between per- sons who establish such accounts, sections for subpart B of part III of sub- ‘‘(3) THIRD PARTY SETTLEMENT ORGANIZA- chapter A of chapter 61 is amended by insert- TION.—The term ‘third party settlement or- ‘‘(B) which provides for standards and mechanisms for settling such transactions, ing after the item relating to section 6050V ganization’ means the central organization the following: which has the contractual obligation to ‘‘(C) which involves a substantial number of persons unrelated to such central organi- ‘‘Sec. 6050W. Returns relating to payments make payment to participating payees of made in settlement of payment third party network transactions. zation who provide goods or services and who have agreed to settle transactions for the card and third party network ‘‘(4) SPECIAL RULES RELATED TO INTER- transactions.’’. MEDIARIES.—For purposes of this section— provision of such goods or services pursuant to such agreement or arrangement, and (e) EFFECTIVE DATE.— ‘‘(A) AGGREGATED PAYEES.—In any case (1) IN GENERAL.—Except as otherwise pro- where reportable payment transactions of ‘‘(D) which guarantees persons providing goods or services pursuant to such agree- vided in this subsection, the amendments more than one participating payee are set- made by this section shall apply to returns ment or arrangement that such persons will tled through an intermediary— for calendar years beginning after December be paid for providing such goods or services. ‘‘(i) such intermediary shall be treated as 31, 2010. Such term shall not include any agreement the participating payee for purposes of deter- (2) APPLICATION OF BACKUP WITHHOLDING.— or arrangement which provides for the mining the reporting obligations of the pay- (A) IN GENERAL.—The amendment made by issuance of payment cards. ment settlement entity with respect to such subsection (c) shall apply to amounts paid transactions, and ‘‘(e) EXCEPTION FOR DE MINIMIS PAYMENTS after December 31, 2011. BY THIRD PARTY SETTLEMENT ORGANIZA- ‘‘(ii) such intermediary shall be treated as (B) ELIGIBILITY FOR TIN MATCHING PRO- TIONS.—A third party settlement organiza- the payment settlement entity with respect GRAM.—Solely for purposes of carrying out to the settlement of such transactions with tion shall be required to report any informa- any TIN matching program established by the participating payees. tion under subsection (a) with respect to the Secretary under section 3406(i) of the In- ‘‘(B) ELECTRONIC PAYMENT FACILITATORS.— third party network transactions of any par- ternal Revenue Code of 1986— In any case where an electronic payment ticipating payee only if— (i) the amendments made this section shall facilitator or other third party makes pay- ‘‘(1) the amount which would otherwise be be treated as taking effect on the date of the ments in settlement of reportable payment reported under subsection (a)(2) with respect enactment of this Act, and transactions on behalf of the payment settle- to such transactions exceeds $10,000, and (ii) each person responsible for setting the ment entity, the return under subsection (a) ‘‘(2) the aggregate number of such trans- standards and mechanisms referred to in sec- shall be made by such electronic payment actions exceeds 200. tion 6050W(d)(2)(C) of such Code, as added by facilitator or other third party in lieu of the ‘‘(f) STATEMENTS TO BE FURNISHED TO PER- this section, for settling transactions involv- payment settlement entity. SONS WITH RESPECT TO WHOM INFORMATION IS ing payment cards shall be treated in the ‘‘(c) REPORTABLE PAYMENT TRANSACTION.— REQUIRED.—Every person required to make a same manner as a payment settlement enti- For purposes of this section— return under subsection (a) shall furnish to ty. ‘‘(1) IN GENERAL.—The term ‘reportable each person with respect to whom such a re- SEC. 205. APPLICATION OF CONTINUOUS LEVY TO payment transaction’ means any payment turn is required a written statement show- PROPERTY SOLD OR LEASED TO THE card transaction and any third party net- ing— FEDERAL GOVERNMENT. work transaction. ‘‘(1) the name, address, and phone number (a) IN GENERAL.—Paragraph (3) of section ‘‘(2) PAYMENT CARD TRANSACTION.—The of the information contact of the person re- 6331(h) is amended by striking ‘‘goods’’ and term ‘payment card transaction’ means any quired to make such return, and inserting ‘‘property’’.

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(b) EFFECTIVE DATE.—The amendment SEC. 102. EXTENSION OF ALTERNATIVE MINIMUM ‘‘(i) all items of income and gain taken into made by this section shall apply to levies ap- TAX RELIEF FOR NONREFUNDABLE account by the holder of such interest under proved after the date of the enactment of PERSONAL CREDITS. section 702 with respect to such interest for such this Act. (a) IN GENERAL.—Paragraph (2) of section year, over SEC. 206. TIME FOR PAYMENT OF CORPORATE ES- 26(a) is amended— ‘‘(ii) all items of deduction and loss so taken TIMATED TAXES. (1) by striking ‘‘or 2007’’ and inserting ‘‘2007, into account. (a) REPEAL OF ADJUSTMENT FOR 2012.—Sub- or 2008’’, and ‘‘(B) NET LOSS.—The term ‘net loss’ means paragraph (B) of section 401(1) of the Tax In- (2) by striking ‘‘2007’’ in the heading thereof with respect to such interest for such year, the crease Prevention and Reconciliation Act of and inserting ‘‘2008’’. excess (if any) of the amount described in sub- 2005 is amended by striking the percentage (b) EFFECTIVE DATE.—The amendments made paragraph (A)(ii) over the amount described in contained therein and inserting ‘‘100 per- by this section shall apply to taxable years be- subparagraph (A)(i). cent’’. ginning after December 31, 2007. ‘‘(b) DISPOSITIONS OF PARTNERSHIP INTER- (b) MODIFICATION OF ADJUSTMENT FOR TITLE II—REVENUE PROVISIONS ESTS.— 2013.—The percentage under subparagraph SEC. 201. INCOME OF PARTNERS FOR PER- ‘‘(1) GAIN.—Any gain on the disposition of an (C) of section 401(1) of the Tax Increase Pre- FORMING INVESTMENT MANAGE- investment services partnership interest shall be vention and Reconciliation Act of 2005 in ef- MENT SERVICES TREATED AS ORDI- treated as ordinary income for the performance fect on the date of the enactment of this Act NARY INCOME RECEIVED FOR PER- of services. is increased by 59.5 percentage points. FORMANCE OF SERVICES. ‘‘(2) LOSS.—Any loss on the disposition of an (a) IN GENERAL.—Part I of subchapter K of The SPEAKER pro tempore. Pursu- investment services partnership interest shall be chapter 1 is amended by adding at the end the treated as an ordinary loss to the extent of the ant to House Resolution 1297, the following new section: excess (if any) of— amendment in the nature of a sub- ‘‘SEC. 710. SPECIAL RULES FOR PARTNERS PRO- ‘‘(A) the aggregate net income with respect to stitute printed in the bill is adopted VIDING INVESTMENT MANAGEMENT such interest for all partnership taxable years, and the bill, as amended, is considered SERVICES TO PARTNERSHIP. over read. ‘‘(a) TREATMENT OF DISTRIBUTIVE SHARE OF ‘‘(B) the aggregate net loss with respect to The text of the bill, as amended, is as PARTNERSHIP ITEMS.—For purposes of this title, such interest allowed under subsection (a)(2) for in the case of an investment services partnership follows: all partnership taxable years. interest— ‘‘(3) DISPOSITION OF PORTION OF INTEREST.— H.R. 6275 ‘‘(1) IN GENERAL.—Notwithstanding section In the case of any disposition of an investment Be it enacted by the Senate and House of Rep- 702(b)— services partnership interest, the amount of net resentatives of the United States of America in ‘‘(A) any net income with respect to such in- loss which otherwise would have (but for sub- Congress assembled, terest for any partnership taxable year shall be section (a)(2)(C)) applied to reduce the basis of SECTION 1. SHORT TITLE, ETC. treated as ordinary income for the performance such interest shall be disregarded for purposes (a) SHORT TITLE.—This Act may be cited as of services, and of this section for all succeeding partnership the ‘‘Alternative Minimum Tax Relief Act of ‘‘(B) any net loss with respect to such interest taxable years. 2008’’. for such year, to the extent not disallowed ‘‘(4) DISTRIBUTIONS OF PARTNERSHIP PROP- (b) REFERENCE.—Except as otherwise ex- under paragraph (2) for such year, shall be ERTY.—In the case of any distribution of prop- pressly provided, whenever in this Act an treated as an ordinary loss. erty by a partnership with respect to any invest- amendment or repeal is expressed in terms of an All items of income, gain, deduction, and loss ment services partnership interest held by a amendment to, or repeal of, a section or other which are taken into account in computing net partner— provision, the reference shall be considered to be income or net loss shall be treated as ordinary ‘‘(A) the excess (if any) of— made to a section or other provision of the Inter- income or ordinary loss (as the case may be). ‘‘(i) the fair market value of such property at nal Revenue Code of 1986. ‘‘(2) TREATMENT OF LOSSES.— the time of such distribution, over (c) TABLE OF CONTENTS.—The table of con- ‘‘(A) LIMITATION.—Any net loss with respect ‘‘(ii) the adjusted basis of such property in the tents for this Act is as follows: to such interest shall be allowed for any part- hands of the partnership, Sec. 1. Short title, etc. nership taxable year only to the extent that shall be taken into account as an increase in such loss does not exceed the excess (if any) of— TITLE I—INDIVIDUAL TAX RELIEF such partner’s distributive share of the taxable ‘‘(i) the aggregate net income with respect to income of the partnership (except to the extent Sec. 101. Extension of increased alternative such interest for all prior partnership taxable such excess is otherwise taken into account in minimum tax exemption amount. years, over determining the taxable income of the partner- Sec. 102. Extension of alternative minimum tax ‘‘(ii) the aggregate net loss with respect to ship), relief for nonrefundable personal such interest not disallowed under this subpara- ‘‘(B) such property shall be treated for pur- credits. graph for all prior partnership taxable years. poses of subpart B of part II as money distrib- TITLE II—REVENUE PROVISIONS ‘‘(B) CARRYFORWARD.—Any net loss for any uted to such partner in an amount equal to such Sec. 201. Income of partners for performing in- partnership taxable year which is not allowed fair market value, and vestment management services by reason of subparagraph (A) shall be treated ‘‘(C) the basis of such property in the hands treated as ordinary income re- as an item of loss with respect to such partner- of such partner shall be such fair market value. ceived for performance of services. ship interest for the succeeding partnership tax- Subsection (b) of section 734 shall be applied Sec. 202. Limitation of deduction for income at- able year. without regard to the preceding sentence. tributable to domestic production ‘‘(C) BASIS ADJUSTMENT.—No adjustment to ‘‘(5) APPLICATION OF SECTION 751.—In apply- of oil, gas, or primary products the basis of a partnership interest shall be made ing section 751(a), an investment services part- thereof. on account of any net loss which is not allowed nership interest shall be treated as an inventory Sec. 203. Limitation on treaty benefits for cer- by reason of subparagraph (A). item. tain deductible payments. ‘‘(D) EXCEPTION FOR BASIS ATTRIBUTABLE TO ‘‘(c) INVESTMENT SERVICES PARTNERSHIP IN- Sec. 204. Returns relating to payments made in PURCHASE OF A PARTNERSHIP INTEREST.—In the TEREST.—For purposes of this section— settlement of payment card and case of an investment services partnership inter- ‘‘(1) IN GENERAL.—The term ‘investment serv- third party network transactions. est acquired by purchase, paragraph (1)(B) shall ices partnership interest’ means any interest in Sec. 205. Application of continuous levy to not apply to so much of any net loss with re- a partnership which is held by any person if property sold or leased to the Fed- spect to such interest for any taxable year as such person provides (directly or indirectly) a eral Government. does not exceed the excess of— substantial quantity of any of the following Sec. 206. Time for payment of corporate esti- ‘‘(i) the basis of such interest immediately services with respect to the assets of the partner- mated taxes. after such purchase, over ship in the conduct of the trade or business of TITLE I—INDIVIDUAL TAX RELIEF ‘‘(ii) the aggregate net loss with respect to providing such services: SEC. 101. EXTENSION OF INCREASED ALTER- such interest to which paragraph (1)(B) did not ‘‘(A) Advising as to the advisability of invest- NATIVE MINIMUM TAX EXEMPTION apply by reason of this subparagraph for all ing in, purchasing, or selling any specified AMOUNT. prior taxable years. asset. (a) IN GENERAL.—Paragraph (1) of section Any net loss to which paragraph (1)(B) does not ‘‘(B) Managing, acquiring, or disposing of 55(d) is amended— apply by reason of this subparagraph shall not any specified asset. (1) by striking ‘‘($66,250 in the case of taxable be taken into account under subparagraph (A). ‘‘(C) Arranging financing with respect to ac- years beginning in 2007)’’ in subparagraph (A) ‘‘(E) PRIOR PARTNERSHIP YEARS.—Any ref- quiring specified assets. and inserting ‘‘($69,950 in the case of taxable erence in this paragraph to prior partnership ‘‘(D) Any activity in support of any service years beginning in 2008)’’, and taxable years shall only include prior partner- described in subparagraphs (A) through (C). (2) by striking ‘‘($44,350 in the case of taxable ship taxable years to which this section applies. For purposes of this paragraph, the term ‘speci- years beginning in 2007)’’ in subparagraph (B) ‘‘(3) NET INCOME AND LOSS.—For purposes of fied asset’ means securities (as defined in sec- and inserting ‘‘($46,200 in the case of taxable this section— tion 475(c)(2) without regard to the last sentence years beginning in 2008)’’. ‘‘(A) NET INCOME.—The term ‘net income’ thereof), real estate, commodities (as defined in (b) EFFECTIVE DATE.—The amendments made means, with respect to any investment services section 475(e)(2))), or options or derivative con- by this section shall apply to taxable years be- partnership interest, for any partnership tax- tracts with respect to securities (as so defined), ginning after December 31, 2007. able year, the excess (if any) of— real estate, or commodities (as so defined).

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‘‘(2) EXCEPTION FOR CERTAIN CAPITAL INTER- ‘‘(iv) any derivative instrument entered into an underpayment to which this section applies ESTS.— (directly or indirectly) with such entity or any by reason of subsection (b)(6), subsection (a) ‘‘(A) IN GENERAL.—If— investor in such entity. shall be applied with respect to such portion by ‘‘(i) a portion of an investment services part- Such term shall not include a partnership inter- substituting ‘40 percent’ for ‘20 percent’.’’. nership interest is acquired on account of a con- est and shall not include stock in a taxable cor- (B) CONFORMING AMENDMENTS.—Subpara- tribution of invested capital, and poration. graph (B) of section 6662A(e)(2) is amended— ‘‘(ii) the partnership makes a reasonable allo- ‘‘(B) TAXABLE CORPORATION.—The term ‘tax- (i) by striking ‘‘section 6662(h)’’ and inserting cation of partnership items between the portion able corporation’ means— ‘‘subsection (h) or (i) of section 6662’’, and of the distributive share that is with respect to ‘‘(i) a domestic C corporation, or (ii) by striking ‘‘GROSS VALUATION invested capital and the portion of such dis- ‘‘(ii) a foreign corporation subject to a com- MISSTATEMENT PENALTY’’ in the heading and in- tributive share that is not with respect to in- prehensive foreign income tax. serting ‘‘CERTAIN INCREASED UNDERPAYMENT vested capital, ‘‘(C) INVESTMENT MANAGEMENT SERVICES.— PENALTIES’’. then subsection (a) shall not apply to the por- The term ‘investment management services’ (3) REASONABLE CAUSE EXCEPTION NOT APPLI- tion of the distributive share that is with respect means a substantial quantity of any of the serv- CABLE.—Subsection (c) of section 6664 is amend- to invested capital. An allocation will not be ices described in subsection (c)(1) which are pro- ed— treated as reasonable for purposes of this sub- vided in the conduct of the trade or business of (A) by redesignating paragraphs (2) and (3) as paragraph if such allocation would result in the providing such services. paragraphs (3) and (4), respectively, partnership allocating a greater portion of in- ‘‘(D) COMPREHENSIVE FOREIGN INCOME TAX.— (B) by striking ‘‘paragraph (2)’’ in paragraph come to invested capital than any other partner The term ‘comprehensive foreign income tax’ (4), as so redesignated, and inserting ‘‘para- not providing services would have been allo- means, with respect to any foreign corporation, graph (3)’’, and cated with respect to the same amount of in- the income tax of a foreign country if— (C) by inserting after paragraph (1) the fol- vested capital. ‘‘(i) such corporation is eligible for the bene- lowing new paragraph: ‘‘(B) SPECIAL RULE FOR DISPOSITIONS.—In any fits of a comprehensive income tax treaty be- ‘‘(2) EXCEPTION.—Paragraph (1) shall not case to which subparagraph (A) applies, sub- tween such foreign country and the United apply to any portion of an underpayment to section (b) shall not apply to any gain or loss States, or which this section applies by reason of sub- allocable to invested capital. The portion of any ‘‘(ii) such corporation demonstrates to the sat- section (b)(6).’’. gain or loss attributable to invested capital is isfaction of the Secretary that such foreign (d) CONFORMING AMENDMENTS.— the proportion of such gain or loss which is country has a comprehensive income tax. (1) Subsection (d) of section 731 is amended by based on the distributive share of gain or loss ‘‘(e) REGULATIONS.—The Secretary shall pre- inserting ‘‘section 710(b)(4) (relating to distribu- that would have been allocable to invested cap- scribe such regulations as are necessary or ap- tions of partnership property),’’ before ‘‘section ital under subparagraph (A) if the partnership propriate to carry out the purposes of this sec- 736’’. sold all of its assets immediately before the dis- tion, including regulations to— (2) Section 741 is amended by inserting ‘‘or position. ‘‘(1) prevent the avoidance of the purposes of section 710 (relating to special rules for partners ‘‘(C) INVESTED CAPITAL.—For purposes of this this section, and providing investment management services to paragraph, the term ‘invested capital’ means, ‘‘(2) coordinate this section with the other partnership)’’ before the period at the end. the fair market value at the time of contribution provisions of this subchapter. (3) Paragraph (13) of section 1402(a) is amend- of any money or other property contributed to ‘‘(f) CROSS REFERENCE.—For 40 percent no ed— the partnership. fault penalty on certain underpayments due to (A) by striking ‘‘other than guaranteed’’ and ‘‘(D) TREATMENT OF CERTAIN LOANS.— the avoidance of this section, see section 6662.’’. inserting ‘‘other than— ‘‘(i) PROCEEDS OF PARTNERSHIP LOANS NOT (b) APPLICATION TO REAL ESTATE INVESTMENT ‘‘(A) guaranteed’’, TREATED AS INVESTED CAPITAL OF SERVICE PRO- TRUSTS.— (B) by striking the semicolon at the end and VIDING PARTNERS.—For purposes of this para- (1) IN GENERAL.—Subsection (c) of section 856 inserting ‘‘, and’’, and graph, an investment services partnership inter- is amended by adding at the end the following (C) by adding at the end the following new est shall not be treated as acquired on account new paragraph: subparagraph: ‘‘(9) EXCEPTION FROM RECHARACTERIZATION of a contribution of invested capital to the ex- ‘‘(B) any income treated as ordinary income OF INCOME FROM INVESTMENT SERVICES PART- tent that such capital is attributable to the pro- under section 710 received by an individual who NERSHIP INTERESTS.— ceeds of any loan or other advance made or provides investment management services (as de- ‘‘(A) IN GENERAL.—Paragraphs (2), (3), and guaranteed, directly or indirectly, by any part- fined in section 710(d)(2));’’. (4) shall be applied without regard to section 710 ner or the partnership. (4) Paragraph (12) of section 211(a) of the So- (relating to special rules for partners providing ‘‘(ii) LOANS FROM NONSERVICE PROVIDING cial Security Act is amended— investment management services to partnership). PARTNERS TO THE PARTNERSHIP TREATED AS IN- (A) by striking ‘‘other than guaranteed’’ and ‘‘(B) SPECIAL RULE FOR PARTNERSHIPS OWNED VESTED CAPITAL.—For purposes of this para- inserting ‘‘other than— BY REITS.—Section 7704 shall be applied without graph, any loan or other advance to the part- ‘‘(A) guaranteed’’, regard to section 710 in the case of a partnership nership made or guaranteed, directly or indi- (B) by striking the semicolon at the end and which meets each of the following requirements: rectly, by a partner not providing services to the inserting ‘‘, and’’, and ‘‘(i) Such partnership is treated as publicly partnership shall be treated as invested capital (C) by adding at the end the following new traded under section 7704 solely by reason of in- of such partner and amounts of income and loss subparagraph: terests in such partnership being convertible treated as allocable to invested capital shall be ‘‘(B) any income treated as ordinary income into interests in a real estate investment trust adjusted accordingly. under section 710 of the Internal Revenue Code which is publicly traded. ‘‘(d) OTHER INCOME AND GAIN IN CONNECTION of 1986 received by an individual who provides ‘‘(ii) 50 percent or more of the capital and WITH INVESTMENT MANAGEMENT SERVICES.— investment management services (as defined in profits interests of such partnership are owned, ‘‘(1) IN GENERAL.—If— section 710(d)(2) of such Code);’’. ‘‘(A) a person performs (directly or indirectly) directly or indirectly, at all times during the (5) The table of sections for part I of sub- investment management services for any entity, taxable year by such real estate investment trust chapter K of chapter 1 is amended by adding at ‘‘(B) such person holds a disqualified interest (determined with the application of section the end the following new item: with respect to such entity, and 267(c)). ‘‘(C) the value of such interest (or payments ‘‘(iii) Such partnership meets the requirements ‘‘Sec. 710. Special rules for partners providing thereunder) is substantially related to the of paragraphs (2), (3), and (4) (applied without investment management services amount of income or gain (whether or not real- regard to section 710).’’. to partnership.’’. ized) from the assets with respect to which the (2) CONFORMING AMENDMENT.—Paragraph (4) (e) EFFECTIVE DATE.— investment management services are performed, of section 7704(d) is amended by inserting ‘‘(de- (1) IN GENERAL.—Except as otherwise provided any income or gain with respect to such interest termined without regard to section 856(c)(8))’’ in this subsection, the amendments made by this shall be treated as ordinary income for the per- after ‘‘856(c)(2)’’. section shall apply to taxable years ending after formance of services. Rules similar to the rules (c) IMPOSITION OF PENALTY ON UNDERPAY- June 18, 2008. of subsection (c)(2) shall apply where such in- MENTS.— (2) PARTNERSHIP TAXABLE YEARS WHICH IN- terest was acquired on account of invested cap- (1) IN GENERAL.—Subsection (b) of section 6662 CLUDE EFFECTIVE DATE.—In applying section ital in such entity. is amended by inserting after paragraph (5) the 710(a) of the Internal Revenue Code of 1986 (as ‘‘(2) DEFINITIONS.—For purposes of this sub- following new paragraph: added by this section) in the case of any part- section— ‘‘(6) The application of subsection (d) of sec- nership taxable year which includes June 18, ‘‘(A) DISQUALIFIED INTEREST.—The term ‘dis- tion 710 or the regulations prescribed under sec- 2008, the amount of the net income referred to in qualified interest’ means, with respect to any tion 710(e) to prevent the avoidance of the pur- such section shall be treated as being the lesser entity— poses of section 710.’’. of the net income for the entire partnership tax- ‘‘(i) any interest in such entity other than in- (2) AMOUNT OF PENALTY.— able year or the net income determined by only debtedness, (A) IN GENERAL.—Section 6662 is amended by taking into account items attributable to the ‘‘(ii) convertible or contingent debt of such en- adding at the end the following new subsection: portion of the partnership taxable year which is tity, ‘‘(i) INCREASE IN PENALTY IN CASE OF PROP- after such date. ‘‘(iii) any option or other right to acquire ERTY TRANSFERRED FOR INVESTMENT MANAGE- (3) DISPOSITIONS OF PARTNERSHIP INTERESTS.— property described in clause (i) or (ii), and MENT SERVICES.—In the case of any portion of Section 710(b) of the Internal Revenue Code of

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6037 1986 (as added by this section) shall apply to under subpart A or B of this part) with respect ‘‘(A) in the case of a payment card trans- dispositions and distributions after June 18, to such payment may not be reduced under any action, the merchant acquiring bank, and 2008. treaty of the United States unless any such ‘‘(B) in the case of a third party network (4) OTHER INCOME AND GAIN IN CONNECTION withholding tax would be reduced under a trea- transaction, the third party settlement organiza- WITH INVESTMENT MANAGEMENT SERVICES.—Sec- ty of the United States if such payment were tion. tion 710(d) of such Code (as added by this sec- made directly to the foreign parent corporation. ‘‘(2) MERCHANT ACQUIRING BANK.—The term tion) shall take effect on June 18, 2008. ‘‘(2) DEDUCTIBLE RELATED-PARTY PAYMENT.— ‘merchant acquiring bank’ means the bank or (5) PUBLICLY TRADED PARTNERSHIPS.—For For purposes of this subsection, the term ‘de- other organization which has the contractual purposes of applying section 7704, the amend- ductible related-party payment’ means any pay- obligation to make payment to participating ments made by this section shall apply to tax- ment made, directly or indirectly, by any person payees in settlement of payment card trans- able years beginning after December 31, 2010. to any other person if the payment is allowable actions. ‘‘(3) THIRD PARTY SETTLEMENT ORGANIZA- SEC. 202. LIMITATION OF DEDUCTION FOR IN- as a deduction under this chapter and both per- COME ATTRIBUTABLE TO DOMESTIC sons are members of the same foreign controlled TION.—The term ‘third party settlement organi- PRODUCTION OF OIL, GAS, OR PRI- group of entities. zation’ means the central organization which has the contractual obligation to make payment MARY PRODUCTS THEREOF. ‘‘(3) FOREIGN CONTROLLED GROUP OF ENTI- to participating payees of third party network (a) DENIAL OF DEDUCTION FOR MAJOR INTE- TIES.—For purposes of this subsection— transactions. GRATED OIL COMPANIES FOR INCOME ATTRIB- ‘‘(A) IN GENERAL.—The term ‘foreign con- ‘‘(4) SPECIAL RULES RELATED TO INTER- UTABLE TO DOMESTIC PRODUCTION OF OIL, GAS, trolled group of entities’ means a controlled MEDIARIES.—For purposes of this section— OR PRIMARY PRODUCTS THEREOF.— group of entities the common parent of which is ‘‘(A) AGGREGATED PAYEES.—In any case (1) IN GENERAL.—Subparagraph (B) of section a foreign corporation. 199(c)(4) (relating to exceptions) is amended by where reportable payment transactions of more ‘‘(B) CONTROLLED GROUP OF ENTITIES.—The than one participating payee are settled striking ‘‘or’’ at the end of clause (ii), by strik- term ‘controlled group of entities’ means a con- ing the period at the end of clause (iii) and in- through an intermediary— trolled group of corporations as defined in sec- ‘‘(i) such intermediary shall be treated as the serting ‘‘, or’’, and by inserting after clause (iii) tion 1563(a)(1), except that— participating payee for purposes of determining the following new clause: ‘‘(i) ‘more than 50 percent’ shall be substituted the reporting obligations of the payment settle- ‘‘(iv) in the case of any major integrated oil for ‘at least 80 percent’ each place it appears ment entity with respect to such transactions, company (as defined in section 167(h)(5)(B)), the therein, and and production, refining, processing, transportation, ‘‘(ii) the determination shall be made without ‘‘(ii) such intermediary shall be treated as the or distribution of oil, gas, or any primary prod- regard to subsections (a)(4) and (b)(2) of section payment settlement entity with respect to the uct thereof during any taxable year described in 1563. settlement of such transactions with the partici- section 167(h)(5)(B).’’. A partnership or any other entity (other than a pating payees. (2) PRIMARY PRODUCT.—Section 199(c)(4)(B) is corporation) shall be treated as a member of a ‘‘(B) ELECTRONIC PAYMENT FACILITATORS.—In amended by adding at the end the following controlled group of entities if such entity is con- any case where an electronic payment flush sentence: trolled (within the meaning of section 954(d)(3)) facilitator or other third party makes payments ‘‘For purposes of clause (iv), the term ‘primary by members of such group (including any entity in settlement of reportable payment transactions product’ has the same meaning as when used in treated as a member of such group by reason of on behalf of the payment settlement entity, the section 927(a)(2)(C), as in effect before its re- this sentence). return under subsection (a) shall be made by peal.’’. ‘‘(4) FOREIGN PARENT CORPORATION.—For pur- such electronic payment facilitator or other (b) LIMITATION ON OIL RELATED QUALIFIED poses of this subsection, the term ‘foreign parent third party in lieu of the payment settlement en- PRODUCTION ACTIVITIES INCOME FOR TAXPAYERS corporation’ means, with respect to any deduct- tity. OTHER THAN MAJOR INTEGRATED OIL COMPA- ible related-party payment, the common parent ‘‘(c) REPORTABLE PAYMENT TRANSACTION.— NIES.— of the foreign controlled group of entities re- For purposes of this section— (1) IN GENERAL.—Section 199(d) is amended by ferred to in paragraph (3)(A). ‘‘(1) IN GENERAL.—The term ‘reportable pay- redesignating paragraph (9) as paragraph (10) ‘‘(5) REGULATIONS.—The Secretary may pre- ment transaction’ means any payment card and by inserting after paragraph (8) the fol- scribe such regulations or other guidance as are transaction and any third party network trans- lowing new paragraph: necessary or appropriate to carry out the pur- action. ‘‘(9) SPECIAL RULE FOR TAXPAYERS WITH OIL poses of this subsection, including regulations or ‘‘(2) PAYMENT CARD TRANSACTION.—The term RELATED QUALIFIED PRODUCTION ACTIVITIES IN- other guidance which provide for— ‘payment card transaction’ means any trans- COME.— ‘‘(A) the treatment of two or more persons as action in which a payment card is accepted as ‘‘(A) IN GENERAL.—If a taxpayer (other than a members of a foreign controlled group of entities payment. major integrated oil company (as defined in sec- if such persons would be the common parent of ‘‘(3) THIRD PARTY NETWORK TRANSACTION.— tion 167(h)(5)(B))) has oil related qualified pro- such group if treated as one corporation, and The term ‘third party network transaction’ duction activities income for any taxable year ‘‘(B) the treatment of any member of a foreign means any transaction which is settled through beginning after 2009, the amount of the deduc- controlled group of entities as the common par- a third party payment network. tion under subsection (a) shall be reduced by 3 ent of such group if such treatment is appro- ‘‘(d) OTHER DEFINITIONS.—For purposes of percent of the least of— priate taking into account the economic rela- this section— ‘‘(1) PARTICIPATING PAYEE.— ‘‘(i) the oil related qualified production activi- tionships among such entities.’’. ‘‘(A) IN GENERAL.—The term ‘participating ties income of the taxpayer for the taxable year, (b) EFFECTIVE DATE.—The amendment made ‘‘(ii) the qualified production activities income payee’ ‘’ means— by this section shall apply to payments made ‘‘(i) in the case of a payment card trans- of the taxpayer for the taxable year, or after the date of the enactment of this Act. ‘‘(iii) taxable income (determined without re- action, any person who accepts a payment card gard to this section). SEC. 204. RETURNS RELATING TO PAYMENTS as payment, and MADE IN SETTLEMENT OF PAYMENT ‘‘(B) OIL RELATED QUALIFIED PRODUCTION AC- ‘‘(ii) in the case of a third party network CARD AND THIRD PARTY NETWORK transaction, any person who accepts payment TIVITIES INCOME.—The term ‘oil related qualified TRANSACTIONS. from a third party settlement organization in production activities income’ means for any tax- (a) IN GENERAL.—Subpart B of part III of sub- able year the qualified production activities in- settlement of such transaction. chapter A of chapter 61 is amended by adding at ‘‘(B) EXCLUSION OF FOREIGN PERSONS.—Except come which is attributable to the production, re- the end the following new section: fining, processing, transportation, or distribu- as provided by the Secretary in regulations or ‘‘SEC. 6050W. RETURNS RELATING TO PAYMENTS other guidance, such term shall not include any tion of oil, gas, or any primary product thereof MADE IN SETTLEMENT OF PAYMENT during such taxable year.’’. person with a foreign address. CARD AND THIRD PARTY NETWORK ‘‘(C) INCLUSION OF GOVERNMENTAL UNITS.— (2) CONFORMING AMENDMENT.—Section TRANSACTIONS. The term ‘person’ includes any governmental 199(d)(2) (relating to application to individuals) ‘‘(a) IN GENERAL.—Each payment settlement unit (and any agency or instrumentality there- is amended by striking ‘‘subsection (a)(1)(B)’’ entity shall make a return for each calendar of). and inserting ‘‘subsections (a)(1)(B) and year setting forth— ‘‘(2) PAYMENT CARD.—The term ‘payment (d)(9)(A)(iii)’’. ‘‘(1) the name, address, and TIN of each par- card’ means any card which is issued pursuant (c) EFFECTIVE DATE.—The amendments made ticipating payee to whom one or more payments to an agreement or arrangement which provides by this section shall apply to taxable years be- in settlement of reportable payment transactions for— ginning after December 31, 2008. are made, and ‘‘(A) one or more issuers of such cards, SEC. 203. LIMITATION ON TREATY BENEFITS FOR ‘‘(2) the gross amount of the reportable pay- ‘‘(B) a network of persons unrelated to each CERTAIN DEDUCTIBLE PAYMENTS. ment transactions with respect to each such other, and to the issuer, who agree to accept (a) IN GENERAL.—Section 894 (relating to in- participating payee. such cards as payment, and come affected by treaty) is amended by adding Such return shall be made at such time and in ‘‘(C) standards and mechanisms for settling at the end the following new subsection: such form and manner as the Secretary may re- the transactions between the merchant acquir- ‘‘(d) LIMITATION ON TREATY BENEFITS FOR quire by regulations. ing banks and the persons who agree to accept CERTAIN DEDUCTIBLE PAYMENTS.— ‘‘(b) PAYMENT SETTLEMENT ENTITY.—For pur- such cards as payment. ‘‘(1) IN GENERAL.—In the case of any deduct- poses of this section— The acceptance as payment of any account ible related-party payment, any withholding tax ‘‘(1) IN GENERAL.—The term ‘payment settle- number or other indicia associated with a pay- imposed under chapter 3 (and any tax imposed ment entity’ means— ment card shall be treated for purposes of this

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6038 CONGRESSIONAL RECORD — HOUSE June 25, 2008 section in the same manner as accepting such ‘‘(F) section 6050W (relating to returns relat- form bill so that we can do what every- payment card as payment. ing to payments made in settlement of payment one in this House would want done, and ‘‘(3) THIRD PARTY PAYMENT NETWORK.—The card transactions).’’. that is to eliminate this fiscal threat term ‘third party payment network’ means any (d) CLERICAL AMENDMENT.—The table of sec- from now some 25 million taxpayers. agreement or arrangement— tions for subpart B of part III of subchapter A ‘‘(A) which involves the establishment of ac- of chapter 61 is amended by inserting after the So what do we have to do? Every year counts with a central organization for the pur- item relating to section 6050V the following: we have to come down and so-called pose of settling transactions between persons ‘‘Sec. 6050W. Returns relating to payments ‘‘patch it’’ because, politically speak- who establish such accounts, made in settlement of payment ing, no one is going to go home and say ‘‘(B) which provides for standards and mecha- card and third party network that they did nothing about it. nisms for settling such transactions, transactions.’’. So what is the difference between ‘‘(C) which involves a substantial number of (e) EFFECTIVE DATE.— what we want to do in the majority and persons unrelated to such central organization (1) IN GENERAL.—Except as otherwise provided the other side? Well, if you listen care- who provide goods or services and who have in this subsection, the amendments made by this agreed to settle transactions for the provision of fully, you would see that the President section shall apply to returns for calendar years has put this AMT in every budget ex- such goods or services pursuant to such agree- beginning after December 31, 2010. cept the one we have this year, which ment or arrangement, and (2) APPLICATION OF BACKUP WITHHOLDING.— ‘‘(D) which guarantees persons providing (A) IN GENERAL.—The amendment made by means that in the budget he never in- goods or services pursuant to such agreement or subsection (c) shall apply to amounts paid after tends to remove it or have it removed. arrangement that such persons will be paid for December 31, 2011. What does putting it in the budget providing such goods or services. (B) ELIGIBILITY FOR TIN MATCHING PRO- Such term shall not include any agreement or mean? It means that you expect the GRAM.—Solely for purposes of carrying out any arrangement which provides for the issuance of money that would be coming from the TIN matching program established by the Sec- payment cards. alternative minimum tax to be there to retary under section 3406(i) of the Internal Rev- ‘‘(e) EXCEPTION FOR DE MINIMIS PAYMENTS BY spend. I can understand that, except enue Code of 1986— THIRD PARTY SETTLEMENT ORGANIZATIONS.—A (i) the amendments made this section shall be that Congress says that we’re not going third party settlement organization shall be re- treated as taking effect on the date of the enact- to collect that money. So what we quired to report any information under sub- ment of this Act, and would believe is that if we’re taking $61 section (a) with respect to third party network (ii) each person responsible for setting the transactions of any participating payee only billion out of the economy that we standards and mechanisms referred to in section if— shouldn’t go to China and Japan and ‘‘(1) the amount which would otherwise be re- 6050W(d)(2)(C) of such Code, as added by this ask them once again to bail us out but ported under subsection (a)(2) with respect to section, for settling transactions involving pay- we should take a look at the Tax Code such transactions exceeds $10,000, and ment cards shall be treated in the same manner as a payment settlement entity. and to find out just what things in the ‘‘(2) the aggregate number of such trans- Tax Code, what preferential treatment, SEC. 205. APPLICATION OF CONTINUOUS LEVY TO actions exceeds 200. what loopholes are there so that when ‘‘(f) STATEMENTS TO BE FURNISHED TO PER- PROPERTY SOLD OR LEASED TO THE FEDERAL GOVERNMENT. SONS WITH RESPECT TO WHOM INFORMATION IS we repair the AMT, at least for this REQUIRED.—Every person required to make a re- (a) IN GENERAL.—Paragraph (3) of section year, we will be able to say we didn’t turn under subsection (a) shall furnish to each 6331(h) is amended by striking ‘‘goods’’ and in- borrow the money and we didn’t put person with respect to whom such a return is re- serting ‘‘property’’. this burden on our children and our quired a written statement showing— (b) EFFECTIVE DATE.—The amendment made grandchildren. ‘‘(1) the name, address, and phone number of by this section shall apply to levies approved after the date of the enactment of this Act. So the four areas that we con- the information contact of the person required centrated on to raise the money to get to make such return, and SEC. 206. TIME FOR PAYMENT OF CORPORATE ES- ‘‘(2) the gross amount of the reportable pay- TIMATED TAXES. this bill passed is the carried interest. ment transactions with respect to the person re- (a) REPEAL OF ADJUSTMENT FOR 2012.—Sub- What is that? All it says is that if two quired to be shown on the return. paragraph (B) of section 401(1) of the Tax In- groups of people, one a corporation and The written statement required under the pre- crease Prevention and Reconciliation Act of 2005 the other a partnership, are managing ceding sentence shall be furnished to the person is amended by striking the percentage contained someone else’s money and if, indeed, on or before January 31 of the year following therein and inserting ‘‘100 percent’’. they don’t put their own money in it, the calendar year for which the return under (b) MODIFICATION OF ADJUSTMENT FOR 2013.— that the tax rate should be 35 percent. subsection (a) was required to be made. Such The percentage under subparagraph (C) of sec- statement may be furnished electronically. tion 401(1) of the Tax Increase Prevention and Somehow a group has manipulated the ‘‘(g) REGULATIONS.—The Secretary may pre- Reconciliation Act of 2005 in effect on the date system, made themselves a partner- scribe such regulations or other guidance as of the enactment of this Act is increased by 59.5 ship, said they didn’t put in their own may be necessary or appropriate to carry out percentage points. money, but they still consider it a cap- this section, including rules to prevent the re- The SPEAKER pro tempore. The gen- ital investment, and they are now porting of the same transaction more than tleman from New York (Mr. RANGEL) taxed at the rate of 15 percent. We once.’’. think it’s unequal, it’s wrong, and we (b) PENALTY FOR FAILURE TO FILE.— and the gentleman from Louisiana (Mr. (1) RETURN.—Subparagraph (B) of section MCCRERY) each will control 30 minutes. correct it. 6724(d)(1) is amended— The Chair recognizes the gentleman The other area that we have a con- (A) by striking ‘‘and’’ at the end of clause from New York. cern about is people who use tax ha- (xx), vens for money earned in the United (B) by redesignating the clause (xix) that fol- b 1315 States to avoid taxes. They put it over- lows clause (xx) as clause (xxi), Mr. RANGEL. Mr. Speaker, I yield seas. In the area of credit cards, we (C) by striking ‘‘and’’ at the end of clause myself such time as I may consume. have the major credit card holders that (xxi), as redesignated by subparagraph (B) and inserting ‘‘or’’, and Mr. Speaker, some time ago, in an ef- reimburse vendors, and all we ask the (D) by adding at the end the following: fort to make certain that 159 taxpayers vendors to do is to report the money ‘‘(xxii) section 6050W (relating to returns to who are very wealthy had some tax li- they’ve had for reimbursement. And payments made in settlement of payment card ability, the Congress at that time then, of course, we have our oil indus- transactions), and’’. passed the alternative minimum tax. try that received tax credits that they (2) STATEMENT.—Paragraph (2) of section What they neglected to do was to index were not entitled to, and certainly at 6724(d) is amended by inserting a comma at the the tax structure for inflation, and as a end of subparagraph (BB), by striking the pe- the obscene profits they’re making, I riod at the end of the subparagraph (CC) and result we find people making 30, 40, hate to believe that someone believes inserting ‘‘, or’’, and by inserting after subpara- $50,000 caught up as though they were that the government should further graph (CC) the following: wealthy taxpayers trying to avoid or subsidize the moneys that they’re mak- ‘‘(DD) section 6050W(c) (relating to returns re- evade their tax liability. ing. lating to payments made in settlement of pay- Now, the President should know, as So, Mr. Speaker, it’s going to be in- ment card transactions).’’. other Presidents, that this is a very, teresting to see how the other side ex- (c) APPLICATION OF BACKUP WITHHOLDING.— very unfair tax. The truth of the mat- plains as to why they don’t have to pay Paragraph (3) of section 3406(b) is amended by striking ‘‘or’’ at the end of subparagraph (D), ter is it should not even be in this for this. Certainly, if indeed we do by striking the period at the end of subpara- structure. But in the close to 7 years nothing, $61 billion of tax burden is graph (E) and inserting ‘‘, or’’, and by adding that the President has been in office, going to fall on 25 million good Amer- at the end the following new subparagraph: he has not seen fit to give us a tax re- ican taxpayers, and we want to fill that

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6039 gap of the $61 billion. The other side ing taxes, and under the PAYGO base- the margin that capital from coming to says it doesn’t exist, and so I can’t wait line, if we were to follow it, we would this country, being invested in this to sit down so I can listen to their very continue to increase the take of the country, and creating jobs in this coun- interesting argument. Federal Government from American try. Mr. Speaker, I reserve the balance of taxpayers until at the end of a 10-year Those companies that I’m talking my time. window we’d be taking in 20.5 percent about employ a substantial number of Mr. MCCRERY. Mr. Speaker, I yield of GDP, an historic high, or pretty Americans; 5.3 million Americans are myself such time as I may consume. close to an historic high, and certainly employed by those kinds of companies. Today’s bill, Mr. Speaker, represents only a couple times in our Nation’s his- Do we want to jeopardize those jobs? a clear difference between the two par- tory have we even approached that And 19 percent of all United States ex- ties in the House when it comes to tax level of revenues coming into the Fed- ports, helping us a little bit to get the policy. Republicans believe that Con- eral Government. balance of trade going our way, 19 per- gress should not raise taxes on one Now, I think it’s a legitimate ques- cent of all exports come from compa- group of taxpayers in order to prevent tion as to what is the appropriate level nies like that. And just last year they a tax increase on another set of tax- of GDP that we should bring in to the reinvested nearly $71 billion back into payers. To say that another way, we Federal Government, and Chairman their United States operations. That’s don’t believe we ought to have to raise RANGEL alluded to that in his state- capital, that’s investment that we taxes to preserve something that’s al- ment by saying that, I believe he said, should want here and not discourage ready in the Tax Code. the President hasn’t offered a tax re- through tax changes like the one in Now, we are certainly for continuing form plan. That’s true, I guess, he this bill. to patch the alternative minimum tax. hasn’t. But you know what? Under the So, Mr. Speaker, I would say to the That’s been the practice for the last Constitution, the President can’t even Members of this body that we ought to several years. The President, in his introduce a bill, much less pass one. reject the majority’s offering that they budget for the last several years, has That’s the job of the Congress. put forward today to save 21 million had an AMT patch in his budget with- So if we want to do tax reform, which out increasing taxes on somebody else. taxpayers from coming under the AMT I think is appropriate, we ought to because they would impose a like So we are certainly for that. But we have this discussion about what is the are not for imposing a tax increase in amount of tax increase on another set appropriate level of revenue that we of taxpayers. Let’s not increase taxes a like amount on another set of tax- should bring in? What is the appro- payers. That just doesn’t make sense on any set of taxpayers, certainly not priate take of the Federal Government in this fragile economy. to us. of everything that Americans make? Is Without this patch, another 21 mil- We will later offer a motion to re- it 18.3 percent, the historic average? Is lion families would come under the commit that corrects the error, that it 18.7 percent, what we took in last AMT, and their average tax increase strips the bill of the pay-fors, and it year? Or is it 20.5 percent? I don’t know would be about $2,400 per taxpayer. So would allow this body to vote on a what the magic number is, but that’s a we certainly want to prevent that. But clean AMT patch to save those 21 mil- in 2007, we had the patch in place; so legitimate debate, and we ought to lion taxpayers from the increased tax we did not collect the AMT revenue have that debate in the context of writ- burden but not increase taxes on some- from those 21 million taxpayers. And ing a new tax system for the United body else. States that is more modern, more effi- yet we collected, last year, in revenues b 1330 to the Federal Government, about 18.7, cient, and more competitive. So I hope With that, Mr. Speaker, I yield back 18.8 percent of gross domestic product. that the chairman will, in his constitu- tional prerogative as the chairman of the balance of my time. The historic average of revenues com- Mr. RANGEL. I have no further ing into the Federal Government for the Ways and Means Committee, un- speakers, Mr. Speaker. the last 40 years has been about 18.3 dertake that task, have that debate, so percent of GDP. So last year with the that we can solve this problem once GENERAL LEAVE AMT patch in place, those 21 million and for all of the AMT, the complexity Mr. RANGEL. I ask unanimous con- taxpayers protected from the AMT, we of the code, and the continuing diminu- sent that all Members may have 5 leg- brought in substantially more in reve- tion of competitiveness that we enjoy islative days to revise and extend their nues to the Federal Government than with our tax system, vis-a-vis our com- remarks and include extraneous mate- we have historically. petitors around the world. rial on H.R. 6275, as amended. So why, then, should we be so intent This bill employs some pay-fors, The SPEAKER pro tempore. Is there on increasing taxes to prevent those 21 some tax increases, that I believe objection to the request of the gen- million taxpayers from paying $2,400 would be onerous and would add to the tleman from New York? apiece more in taxes in 2008? The only lack of competitiveness in our Tax There was no objection. explanation is somebody just wants to Code. For example, there is a provision Mr. MEEK of Florida. Mr. Speaker, I am get more revenue into the Federal Gov- that would, for the first time, ignore pleased to be a cosponsor to this bill that will ernment. Now, they may say, well, we tax treaties that we have entered into give Alternative Minimum Tax Relief to those want to do that because the deficit is in good faith with other countries families in my district and the entire State of really high and we want to get the def- around the world and would impose Florida who will be unfairly hit with this tax in icit down. Well, I wonder, if we took a upon companies doing business, foreign 2008. poll across America, how many Ameri- companies doing business, through a While the AMT was not intended to burden cans would say, ‘‘Yes, I want to get the United States subsidiary in this coun- our working families, now in 2008 it does. Ini- deficit down and I want to do it by try, creating jobs in this country, a 30 tially, the AMT applied to fewer than 20,000 raising taxes’’ and how many Ameri- percent tax, despite the fact that we taxpayers. In 2007, it applied to 4.2 million cans would say, ‘‘Yes, I want to get the have a tax treaty that says that com- taxpayers. By 2008, up to 26 million taxpayers deficit down, but I want to do it by pany would get a deduction for that in- are projected to be subject to the AMT. More- controlling spending’’? My guess is come and would not have to pay that 30 over, it is the middle- to upper-middle-income more Americans would say, ‘‘I want to percent tax because they’d be paying taxpayers who are the targets of this tax. It is get the deficit down by controlling taxes in the country where we have a our married taxpayers and larger families that spending.’’ But the PAYGO rules that tax treaty. are especially going to fall under this tax. are in effect, while they give us the op- Now, yes, they say, well, but the ulti- An astounding increase in the number of portunity to reduce spending to ‘‘pay mate parent is somewhere where working families in Florida will be hurt by the for’’ all of these things, not once have there’s not a tax treaty, but that still AMT in 2008 if something is not done. It is we seen a cut in spending being offered violates the spirit of the tax treaty projected that over six times the number of by the majority to pay for any of these that we have with the country where working families will be hurt by the AMT in my items. It’s always a tax increase. the immediate parent of the United State of Florida in 2008 than were hurt by this So, yes, if you want to get the deficit States subsidiary resides. That change tax in 2005. In 2005, there were 161,000 AMT down to zero, you can do it by increas- in our Tax Code would discourage at returns filed in the State of Florida. However,

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6040 CONGRESSIONAL RECORD — HOUSE June 25, 2008 in 2008, it is estimated that 956,000 AMT re- argue that because Congress never meant for sponsible and it makes our tax code fairer. I turns will be filed in Florida—a more than six this to happen, or that because it maintains urge all my colleagues to support it. times increase between 2005 and 2008. the status quo for taxpayers, we don’t have to Mr. ETHERIDGE. Mr. Speaker, I rise in sup- In 2007, Florida ranked seventh in the num- pay for it. port of H.R. 6275, Alternative Minimum Tax ber of returns that were caught. with the Alter- The reality is that we pay for it one way or Relief Act of 2008. native Minimum Tax burden. However, in another. The minority would have us borrow H.R. 6275 is critical to easing the burden on 2008, Florida is projected to rank fifth in the the money and make our children pay for it. middle-class taxpayers. The Alternative Min- number of returns caught with the AMT. So Let me say a word about the offsets we’ve imum Tax, AMT, was originally intended to even in the one year, 2007 to 2008, the num- used here, because this bill is paid for with make sure that the Nation’s wealthiest citizens ber of working families in Florida caught with provisions that end basic inequities in our tax did not avoid paying taxes altogether. How- the AMT has increased tremendously. code. ever, it was not indexed for inflation and the Originally, the AMT was intended to cover The Joint Committee on Taxation’s revenue AMT now affects millions of middle income tax only America’s high-income taxpayers to en- estimate for the carried interest provision indi- payers across the country. H.R. 6275 would sure that they pay at least a minimum amount cates that over $150 billion in income will be extend for 1 year AMT relief for nonrefundable of federal taxes. But now, it is not this group taxed at capital gains rates rather than ordi- personal credits and increases the AMT ex- that will be the most adversely affected by the nary income rates if we do not make this emption amount to $69,950 for joint filers and AMT. It is our hard-working families—over change. This is a lot of income, and according $46,200 for individuals. At a time of economic 950,000 hard-working families in Florida alone to the Joint Committee, this is not going to uncertainty and rising gas and food prices, that will be hit unintentionally and unfairly with ‘‘mom and pop’’ operations, a common ref- H.R. 6275 would provide over 25 million fami- this tax. This is not what the AMT was in- erence by those arguing against this provision. lies with tax relief. In my district alone, over For anyone who thinks there are ‘‘mom and tended to do, and it is time for those families 33,000 families would be affected by the AMT pop’’ private equity funds, or that this is essen- in Florida and elsewhere to get badly needed this year. tially about ‘‘mom and pop’’ real estate devel- relief from this tax. As a member of the Budget Committee, I opers, let me quote the Joint Committee on Mr. CONYERS. Mr. Speaker, the middle am also pleased that this bill includes offsets Taxation. In a memo to the Ways and Means class is hurting. They are facing tough deci- and is budget-neutral. Instead of adding to our Committee staff, the Joint Committee writes: sions over rising gas, food, and health care national debt, H.R. 6275 responsibly pays for ‘‘We assumed that nearly all recipients [of car- prices. Adding to their economic dilemma, the itself by closing a loophole that allows hedge ried interest] would be at the highest marginal Alternative Minimum Tax, AMT, may reach fund managers to pay less taxes, encouraging tax rate.’’ The top tax bracket for married cou- many of them this coming year. Today, we will tax compliance, repealing subsidies for the ples starts at $357,000 in taxable income. vote on H.R. 6275, the Alternative Minimum five biggest oil companies, and tightening tax Claims made that the carried interest issue is Tax Relief Act of 2008, which would provide laws on foreign-owned companies. I support about ‘‘mom and pop’’ business owners just relief to middle class taxpayers by avoiding are not credible. H.R. 6275, Alternative Minimum Tax Relief Act the AMT. More generally though, treating carried inter- of 2008, and I urge my colleagues to join me The original intent behind the AMT was to est as ordinary income is not about raising in voting for its passage. guarantee that the wealthiest Americans paid taxes, it’s about fairness. Investment fund Mr. PASCRELL. Mr. Speaker, one of the their fair share of taxes. However, the AMT managers should not pay a lower tax rate on hallmarks of the Ways and Means Committee was not adjusted for inflation and hard-working their compensation for services than other is that fairness is always the order of the day. Americans were lumped into this tax. Today, Americans. The only thing this does is say to Fairness in priorities. Fairness in legislation. the Congress must act to prevent 25.6 million the fund managers, if you’re providing a serv- H.R. 6275 exemplifies this fact. middle income Americans being liable for pay- ice, in this case managing assets for your in- Our bill will provide $62 billion in AMT relief ing thousands of dollars in additional taxes. vestors, you ought to be taxed on that com- to more than 25 million families nationwide. Restructuring the tax code will more fairly pensation at the same rates as everyone else. In my district alone, almost 80,000 people distribute the tax burden. H.R. 6275 will tax If they have their own money in the funds are on track to endure the significant tax in- private equity managers, who actually pay they manage, they will still get capital gains crease of the AMT this year if we do not act lower taxes on carried interest and repeal un- treatment on that portion of the profits. This is now. That’s up from 20,000 people in 2005. necessary Government subsidies for the big no different in concept than options for cor- Many of the people affected would be fire- five oil companies reaping record profits and porate executives. They are both incentive fighters, cops and teachers—a far cry from the on multinational corporations who offshore compensation to encourage performance, and original intent of the AMT. Indeed, the middle their businesses for the express purpose of carried interest should be taxed at ordinary class is being more and more affected—your tax avoidance. It is unconscionable that our rates like stock options. constituents and mine. And it’s only getting tax code allows these corporations to avoid The argument that this proposal will hurt worse. taxes while hard-working Americans get hit economic growth or even pension plans is just Unfortunately there are those on the other with a stern tax and pay extremely high gas disingenuous. If it will hurt growth, why have side of the aisle who will not vote today for the prices at the pump. This legislation closes senior economic advisers to the last three Re- best interests of their constituents. these major tax loopholes. publican Presidents publicly supported this Instead, they will choose to cast their vote H.R. 6275 restores America’s tradition of proposal? Real estate partnerships, including for the Kings of Wall Street who are already giving a helping hand to those in need. We those that don’t use carried interest at all, earn the richest people in the history of our Nation. need to stop the giveaways to Big Oil and less than 10 percent of all income from real We pay for this bill, in part, by simply requir- Wall Street brokers and begin to focus on the estate development and construction. ing that investment fund managers are taxed needs of average working Americans. This is Regarding the oil and gas provisions, I think at the same income rates as every other a commonsense piece of legislation and I urge it’s important to look at the history of how American. After all, why should the very rich- my colleagues to support the bill. these companies got these subsidies in the est among us be taxed at 15 percent when a Mr. LEVIN. Mr. Speaker, I rise in strong first place. In 2004 we had to replace the FSC doctor or lawyer pays 35 percent? Or when a support of the AMT Relief Act. Once again, we provisions of our tax code because of a WTO teacher or plumber, et cetera, is taxed at 25? are considering a one-year ‘‘patch’’ for the ruling. We replaced them with a deduction to Yet because of this provision, many Repub- AMT. This bill will protect over 25 million fami- encourage domestic manufacturing. licans will be unable to vote for real tax relief lies who would otherwise be forced to pay The minority, then in the majority, added the for their constituents. I find this as inexplicable higher taxes under the AMT through no fault oil and gas industries to what was supposd to as I do sad. of their own. be a deduction for manufacturers, even This legislation is wise and it is fair. It will We all know that the AMT was never meant though the FSC provisions we were replacing give tax relief to 25 million hard-working Amer- to apply to middle-class families, and I think had nothing to do with oil and gas. This was icans while ensuring fairness in the tax code. we all agree that we need to find a permanent an unjustified giveaway then, and it is only fair So try to explain to the firefighters and cops in fix to this problem. that we correct the situation, especially now your district that you wanted to take care of in- But once again, the minority wants to insist that oil companies are earning record profits. vestment fund managers instead. that we provide this tax relief in a fiscally irre- ExxonMobil alone earned $40.6 billion in Mrs. JONES of Ohio. Mr. Speaker, I rise sponsible manner. Patching the AMT for 2008 2007, a U.S. corporate record. today in support of H.R. 6275, the Alternative without offsets would increase the deficit by So, Mr. Speaker, this bill protects middle- Minimum Tax Relief Act of 2008. I am pleased $61 billion. Our colleagues in the minority will class families from the AMT, it’s fiscally re- to see that once again you have presented a

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6041 responsible solution to the alternative min- mitted to act today to protect millions of Ameri- Mr. MANZULLO. Mr. Speaker, temporary imum tax from a broad, policy-oriented per- cans from the AMT this year without adding to tax relief should not be offset with permanent spective. the Nation’s exploding debt. tax increases that will stifle foreign direct in- The alternative minimum tax is a critical Mr. Speaker—given the economic downturn vestment into this country. issue for the American middle class taxpayer and financial challenges facing our families The Alternative Minimum Tax is a mistaken who does not get to take advantage of sophis- and our Nation, our constituents have the right tax policy. Originally designed to tax the ticated tax planning and legal loopholes in the to expect fair and responsible tax policy. To- super-rich, it now covers many in the middle tax code. It is time that we addressed this day’s proposal to provide tax relief to 25 mil- class, particularly those with large families, be- issue once and for all to relieve the American lion American families by closing loopholes cause of inflation. Without relief, 19 million taxpayer from the agony of dealing with the that benefit only the wealthiest individuals is Americans will see a tax increase of $2,000 AMT. A permanent patch is what we really fair, it is responsible, and it deserves passage. next year. need, but today we have to plug the dike once Mr. KIND. Mr. Speaker, I rise today in sup- However, to temporarily correct this error by again. port of H.R. 6275, the Alternative Minimum permanently raising nearly $7 billion from for- If you’ll recall, in 1969 the public outcry was Tax Relief Act of 2008. As a member of the eigners who invest in the United States simply so loud about the original 155 families who Ways and Means Committee, I am proud to makes a bad situation worse. We are finally owed no Federal income taxes that Congress have helped craft this very important tax bill attracting more foreign investment into the received more letters from constituents about that will give much needed relief to millions of United States. In 2007, foreign direct invest- that than about the Vietnam war. American taxpayers. ment rose to its highest levels in seven years, It is particularly ironic that a tax that was Unfortunately, over the last several years reaching over $204 billion. meant for 155 wealthy individuals has become we have seen tax bills pushed through Con- U.S. subsidiaries of companies the bane of existence for millions of American gress and signed by the President under the headquartered abroad now employ 5.3 million taxpayers. Indeed the AMT has become a guise of ‘‘relief’’ for the middle class and the Americans, of which 30 percent work in the menace. Over 31,000 hardworking, middle- poorest in the country. I think many in this manufacturing sector. Nineteen percent of all class Ohioans in my district had the grim task chamber have now come to recognize that U.S. exports came from these firms and they of filing a return with AMT implications in the many of these measures presented as tax re- reinvested nearly $71 billion back into their 2005 tax year. lief for the middle class were in fact more tax U.S. operations. Without this legislation that number would breaks for the richest in society. Today we fi- In Illinois, U.S. subsidiaries of companies surely grow. Those are families with children, nally have before us a bill that will give real re- headquartered abroad employed over 226,000 healthcare costs, unemployment issues, hous- lief to millions of taxpayers, many of whom are workers, of which over 61,000 were in the ing costs and the other money matters with hardworking middle class families. manufacturing sector. In fact, there are over which American taxpayers must cope, not to Specifically, H.R. 6275 provides for a 1-year 30 U.S. subsidiaries of companies mention higher gas prices. Tax relief is due. patch for the Alternative Minimum Tax (AMT). headquartered abroad that employ over 6,000 As I mentioned after the introduction of H.R. The AMT was developed in the 1970s to en- workers in the northern Illinois district that I 2834, the carried interest legislation sponsored sure that America’s wealthiest could not take am proud to represent. by my colleague, SANDER LEVIN, we must con- advantage of the tax code in a way that would The offset used to ‘‘pay for’’ part of this tinue to laud the efforts of American capitalists allow them to avoid paying taxes altogether. AMT bill will strongly discourage future foreign and the strides that they make in enhancing The AMT was not indexed for inflation, how- investment in the United States and will halt and creating liquidity in our capital markets, ever, and without this legislation it will reach any future progress on negotiating tax treaties and helping our economy grow into the dy- into the pocketbooks of middle-class families it with other countries. namic force that it is today. I am also aware was never intended to hit. In my district alone, For example, Nissan USA, which is owned of the critical role that private equity firms play the AMT could affect 50,000 additional west- by Nissan headquartered in Japan, borrows in our economy. We must be aware that this ern Wisconsin families this year, many of money from their finance unit based in the change in taxation can have a deleterious ef- whom have no idea they face a tax increase. Netherlands. Under our current tax treaty with fect on some small venture capital and minor- Without this legislation, it is estimated that the the Netherlands, no tax is applied. However, ity-owned firms. The color of money is green, AMT will hit an additional 538,970 taxpayers in under this bill a new 10 percent tax would be but if you are smaller than Blackstone or Wisconsin and 25 million nationally. It is hard applied to this transaction. The Netherlands Carlyle, your firm might be seeing red. But we for me to think of something more important will then most likely view this as an abrogation must also have responsible budget offsets. than protecting 25 million Americans from a of our tax treaty and will either seek renegoti- The tenets of sound tax policy begin with tax that was never intended for them. ation or outright annulment, thus hurting our the notions of equity, efficiency and simplicity. Most importantly, this bill is fully offset and overall trade with the Netherlands. Relying on that traditional framework I am complies with pay-go rules that the Demo- This is all a silly exercise. We all know how sure that we have come to a rational con- cratic majority restored at the beginning of this this will turn out because the Senate will not sensus that will ensure 25 million more Ameri- Congress. The legislation provides 1-year re- agree to these offsets. However, this bill cans will not be hit with the AMT. lief from the AMT without adding to the deficit sends a chilling message to our friends over- ‘‘Taxes are what we pay to live in civilized by closing loopholes in the tax code, encour- seas that they will be subject to a higher tax society,’’ but dealing with the AMT has be- aging tax compliance, and repealing excessive next year because this is the second time that come a bit uncivil. government subsidies given to oil companies. the Democratic Party has proposed this offset. Ms. SCHWARTZ. Mr. Speaker, I thank These changes establish fairness in the tax Vote no on H.R. 6275 to preserve jobs in your Chairman RANGEL for his leadership and I am code and show that we can provide tax relief district and to send a signal that the U.S. re- proud of our work to protect 25 million Amer- without sending the debt on to our children. mains open to foreign direct investment. ican taxpayers—including half a million people After years of fiscal recklessness—deficit-fi- Mr. HERGER. Mr. Speaker, we all know this in Southeastern Pennsylvania—from the pain nanced tax cuts for the wealthy and out-of- bill is purely a political exercise. Congress will of the Alternative Minimum Tax. True to their control government spending—this bill sets a eventually pass an AMT patch that does not record of increasing debt, the Republicans precedent of fiscally responsible tax reform. contain permanent tax increases. All we are continue to say, ‘‘there’s no need to offset Finally, I would like to thank Chairman RAN- doing today is postponing final action and risk- AMT relief because this tax was never in- GEL for putting together this common sense ing a repeat of last year’s delay that created tended to hit these people.’’ bill that is not only fair but does the right thing major headaches for taxpayers. But in 2001 they knew that the Bush tax by paying for the bill and fixing some inequi- I believe we shouldn’t be expanding the fed- cuts would increase—by 127%—the number ties in the tax code. I look forward to working eral government’s share of the economy by of AMT taxpayers this year. And they consist- with him to reform the tax code and for once pairing temporary extensions of tax relief with ently used these taxpayers to mask the true and for all put an end to the AMT and Con- permanent tax increases. I’ve heard a number cost of their failed fiscal policies. gress having to do a yearly patch. of concerns from small businesses about one We cannot ignore the consequences of Again, Mr. Speaker, I am happy to support of these offsets, a new reporting requirement these bad decisions. We are committed to re- this sensible and fair tax bill before us today. for credit card transactions. Last week, when versing the Bush Administration’s policy and Protecting millions of taxpayers from being the Ways and Means Committee considered fiscal failures. We are committed to enacting caught by the AMT is of the utmost impor- this bill, we were told by the Treasury Depart- permanent—fiscally responsible—AMT relief tance. I urge my colleagues to support H.R. ment that they have not done a cost-benefit for middle income taxpayers. And we are com- 6275. analysis on this proposal. I fear we are going

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6042 CONGRESSIONAL RECORD — HOUSE June 25, 2008 down the same road as we did two years ago The SPEAKER pro tempore. Is the The second thing we do is we do pro- with the 3 percent withholding requirement, gentleman opposed to the bill? vide some relief in this bill from high which we’ve now learned will cost the govern- Mr. MCCRERY. I am opposed to the gasoline prices to volunteers who use ment far more than it will raise in revenue. bill in its current form. their vehicles to help charities carry On top of that, this bill raises taxes on The SPEAKER pro tempore. The out their work. A lot of charities are American energy producers. This does nothing Clerk will report the motion to recom- telling us that they are losing volun- to reduce gas prices—in fact, it will only make mit. teers because of the high price of gaso- them higher. And there’s simply no justification The Clerk read as follows: line. for a provision that penalizes U.S. producers Mr. McCrery of Louisiana moves to recom- Now, the IRS has some authority to but doesn’t affect subsidiaries of foreign- mit the bill H.R. 6275 to the Committee on modify the tax deduction that people owned firms. This legislation just doesn’t make Ways and Means with instructions to report can get from using gasoline in certain the same back to the House promptly in the sense. I urge my colleagues to vote ‘‘no.’’ situations. So the IRS did, this week in Mr. HOLT. Mr. Speaker, I rise in support of form to which perfected at the time of this motion, with the following amendments: fact, implement a midyear increase in H.R. 6275, the Alternative Minimum Tax Relief Page 4, after line 5, add the following new the standard mileage deduction rates, Act of 2008. section: increasing to 581⁄2 cents the allowable Forty years ago the Alternative Minimum SEC. 103. CHARITABLE MILEAGE RATE TREATED deduction for expenses incurred in op- Tax (AMT) was originally enacted to ensure THE SAME AS MEDICAL AND MOVING erating a vehicle while carrying on a that wealthiest Americans—like everyone RATE. trade or business, and raising to 27 else—paid their fair share of taxes. Prior to (a) IN GENERAL.—Subsection (i) of section cents per mile the deduction for gaso- the enactment of the AMT, the wealthiest 170 (relating to standard mileage rate for use line costs associated with transpor- Americans were exploiting loopholes in the tax of passenger automobile) is amended by code to circumvent their societal obligations. striking ‘‘14 cents per mile’’ and inserting tation primarily for and essential to ‘‘the rate determined for purposes of sections However this tax, which was intended for a receiving medical care and for travel 213 and 217’’. while moving. few hundred of the wealthiest Americans has (b) EFFECTIVE DATE.—The amendment never been adjusted to account for inflation. But the IRS could not raise the de- made by paragraph (1) shall apply to miles duction that can be claimed by individ- Through inflation and tax-rate creep the AMT driven on or after July 1, 2008. has become a middle class tax hike. Page 4, strike line 6 and all that follows uals who use their car for charitable We have been unable to pass a permanent through line 2 on page 37 (all of title II). purposes, such as for delivering Meals fix to the AMT to prevent middle class Ameri- Mr. MCCRERY (during the reading). on Wheels. That has to be done legisla- cans from fearing that they will get hit by the Mr. Speaker, I ask unanimous consent tively. So our motion to recommit AMT every year. More families in Central New that the motion be considered as read. would do just that. We would set the Jersey are affected by the AMT than any- The SPEAKER pro tempore. Is there allowable deduction for gasoline ex- where else in the country. Over 33,000 of my objection to the request of the gen- penses for charitable purposes at the constituents already pay the AMT, under the tleman from Louisiana? same rate for medical care and for current law, and an additional 88,000 of my There was no objection. travel while moving, 27 cents per mile. constituents would be subject to the AMT if we The SPEAKER pro tempore. The gen- Meals on Wheels is one of those char- do not act to prevent the patch from expiring. tleman is recognized for 5 minutes. ities that has told us that they are los- American families are already suffering from Mr. MCCRERY. Thank you, Mr. ing volunteers because of gas prices. skyrocketing gas and food prices that they did Speaker. Nearly half indicated that increases in not build into their family budgets. The majority’s use of PAYGO has gas prices had forced them to eliminate Compounding this financial burden with an un- really twisted the logic of this bumper- meal delivery routes or to consolidate expected and undeserved tax hike would hit sticker-turned-budget-tool into a pret- their meal services. New Jersey families hard. Yet, that is what will zel. In the last 2 weeks, when PAYGO Mr. Speaker, these high gasoline happen if we do not take action today. stood in the way of more government prices are, in fact, having a very dele- Mr. Speaker, I have long been concerned spending, it was ignored or openly terious effect on charities and on Meals with the growing debt that we are passing on waived. But, today, the majority in- on Wheels in particular. I won’t go into to the next generation and have often called sists on new permanent tax increases some of the details that we have been for a revision of the AMT that will not increase in exchange for a 1-year extension of given by Meals on Wheels about the our national debt. The Alternative Minimum needed tax relief. That is not a good state of some of our seniors, but need- Tax Relief Act of 2008 makes good on our deal for anybody—a permanent tax in- less to say, it’s not a pretty picture. promise to the American people that we will crease to pay for a temporary tax re- So this would give those charities not spend money that Congress does not lief. some relief, Mr. Speaker, and it would have. This legislation will offer more than 25 The motion that we have before us allow them, we think, to get some of million families relief from the AMT without would save us from that fate. It would those volunteers back in active service adding to the deficit. This will be achieved by remove the tax increases in the bill, in- to relieve some of these problems that promoting tax compliance, removing inequities cluding the particularly misguided we have. in the tax code, and decreasing government higher taxes on energy production that So, Mr. Speaker, our motion to re- subsidies to oil companies. would discourage production here at commit does two things. It takes out While I support this legislation, we need a home, that would further increase our the tax increases in this bill, leaving in permanent fix to ensure that this tax intended energy insecurity, that would reduce place the AMT patch to give tax relief for the wealthiest Americans is not passed our energy supplies, and that would in- to those taxpayers who would other- down to middle income Americans and do so crease prices. wise be subjected to a $2,400-apiece in- in a fiscally responsible way. Is that what we want to do? Do we Mr. RANGEL. I yield back the bal- crease in taxes, and number two, it in- want to increase the price of gasoline? ance of my time, and ask for a vote in creases the deduction, the mileage de- That is what the effect of this would favor of the amendment. duction, for vehicle use for charitable The SPEAKER pro tempore. All time be. This is a tax increase on oil and gas purposes. for debate has expired. companies—the companies that Mr. Speaker, I urge its adoption. Pursuant to House Resolution 1297, produce the oil, the gasoline that we Mr. RANGEL. Mr. Speaker, I rise in the previous question is ordered on the buy. Do we think that, if we increase opposition to the motion to recommit. bill, as amended. taxes on them, they are just going to The SPEAKER pro tempore. The gen- The question is on the engrossment absorb that? Of course not. They will tleman from New York is recognized and third reading of the bill. pass it through to the consumer, which for 5 minutes. The bill was ordered to be engrossed will mean higher gasoline prices. Mr. RANGEL. Certainly, the gen- and read a third time, and was read the This is a terribly misguided part of tleman from Louisiana knows that we third time. this bill. The motion to recommit would be willing to work on the chari- MOTION TO RECOMMIT OFFERED BY MR. would get rid of that ill-advised tax in- table deduction as it relates to the MCCRERY crease. So we get rid of all the pay-fors changes that were made by the admin- Mr. MCCRERY. Mr. Speaker, I have a in the bill. That’s the first thing that istration, but basically, what he is say- motion to recommit at the desk. the motion to recommit does. ing is that, as to the $61 billion in tax

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6043 loopholes that we have raised, they Radanovich Sensenbrenner Turner Pryce (OH) Snyder Watson would rather borrow the money than Ramstad Sessions Upton Putnam Speier Regula Shadegg Walberg Rush Tsongas fill the gap that relieving the people of Rehberg Shays Walden (OR) this tax burden would have. Reichert Shimkus Walsh (NY) b 1402 So we both agree that 25 million peo- Renzi Shuster Wamp Reynolds Simpson Messrs. JACKSON of Illinois, ple shouldn’t suffer with this $61 billion Weldon (FL) Rogers (AL) Smith (NE) Weller THOMPSON of Mississippi, Rogers (KY) Smith (NJ) tax increase, but he would have you be- Westmoreland MELANCON, Ms. SUTTON, Messrs. Rogers (MI) Smith (TX) lieve that, if you take this out, you Whitfield (KY) Rohrabacher Souder TIERNEY, COHEN, Ms. JACKSON-LEE Wilson (NM) wouldn’t have to put anything in. Well, Roskam Stearns of Texas, Messrs. BAIRD, BERRY, Ms. what you’re putting in is the future of Royce Sullivan Wilson (SC) CLARKE, Mr. LINCOLN DAVIS of Ten- our children and of our grandchildren. Ryan (WI) Tancredo Wittman (VA) Wolf nessee, and Ms. ROS-LEHTINEN I ask that this motion to recommit Sali Terry Saxton Thornberry Young (AK) changed their vote from ‘‘yea’’ to be rejected. Scalise Tiahrt Young (FL) ‘‘nay.’’ I yield back the balance of my time. Schmidt Tiberi Mr. MILLER of Florida, Mrs. The SPEAKER pro tempore. Without NAYS—222 MUSGRAVE, and Messrs. ENGLISH of objection, the previous question is or- Pennsylvania and BROUN of Georgia Abercrombie Gillibrand Napolitano dered on the motion to recommit. Ackerman Gonzalez Neal (MA) changed their vote from ‘‘nay’’ to There was no objection. Allen Gordon Oberstar ‘‘yea.’’ The SPEAKER pro tempore. The Altmire Green, Al Obey So the motion to recommit was re- question is on the motion to recommit. Andrews Green, Gene Olver Arcuri Grijalva Ortiz jected. The question was taken; and the Baca Gutierrez Pallone The result of the vote was announced Speaker pro tempore announced that Baird Hall (NY) Pascrell as above recorded. the noes appeared to have it. Baldwin Hare Pastor The SPEAKER pro tempore. The Becerra Harman Payne Mr. MCCRERY. Mr. Speaker, on that Berkley Hastings (FL) Perlmutter question is on the passage of the bill. I demand the yeas and nays. Berman Herseth Sandlin Peterson (MN) The question was taken; and the The yeas and nays were ordered. Berry Higgins Pomeroy Speaker pro tempore announced that The SPEAKER pro tempore. Pursu- Bishop (GA) Hill Price (NC) Bishop (NY) Hinchey Rahall the ayes appeared to have it. ant to clause 8 and clause 9 of rule XX, Blumenauer Hinojosa Rangel RECORDED VOTE this 15-minute vote on the motion to Boren Hirono Reyes Mr. CAMP of Michigan. Mr. Speaker, recommit will be followed by 5-minute Boswell Hodes Richardson Boucher Holden Rodriguez I demand a recorded vote. votes on passage of H.R. 6275, and the Boyd (FL) Holt Ros-Lehtinen A recorded vote was ordered. motion to suspend the rules on H.R. Boyda (KS) Honda Ross The SPEAKER pro tempore. This 3546. Brady (PA) Hooley Rothman will be a 5-minute vote. The vote was taken by electronic de- Braley (IA) Hoyer Roybal-Allard Brown, Corrine Inslee Ruppersberger The vote was taken by electronic de- vice, and there were—yeas 199, nays Butterfield Israel Ryan (OH) vice, and there were—ayes 233, noes 189, 222, not voting 13, as follows: Capps Jackson (IL) Salazar ´ not voting 12, as follows: [Roll No. 454] Capuano Jackson-Lee Sanchez, Linda Cardoza (TX) T. [Roll No. 455] YEAS—199 Carnahan Jefferson Sanchez, Loretta AYES—233 Aderholt Doolittle Carney Johnson (GA) Sarbanes Knollenberg Abercrombie Cummings Honda Akin Drake Carson Johnson, E. B. Schakowsky Kuhl (NY) Ackerman Davis (AL) Hooley Alexander Dreier Castor Jones (OH) Schiff LaHood Allen Davis (CA) Hoyer Bachmann Duncan Cazayoux Kagen Schwartz Lamborn Altmire Davis (IL) Inslee Bachus Ehlers Chandler Kanjorski Scott (GA) Latham Andrews Davis, Lincoln Israel Barrett (SC) Emerson Childers Kaptur Scott (VA) LaTourette Arcuri DeFazio Jackson (IL) Barrow English (PA) Clarke Kennedy Serrano Latta Baca DeGette Jackson-Lee Bartlett (MD) Everett Clay Kildee Sestak Lewis (CA) Baird Delahunt (TX) Barton (TX) Fallin Cleaver Kilpatrick Shea-Porter Lewis (KY) Baldwin DeLauro Jefferson Bean Feeney Clyburn Kind Sherman Linder Barrow Dicks Johnson (GA) Biggert Ferguson Cohen Klein (FL) Shuler LoBiondo Becerra Dingell Johnson (IL) Bilbray Flake Conyers Kucinich Sires Lucas Berkley Doggett Johnson, E. B. Bilirakis Forbes Cooper Langevin Skelton Lungren, Daniel Berman Donnelly Jones (NC) Bishop (UT) Fortenberry Costa Larsen (WA) Slaughter E. Berry Doyle Jones (OH) Blackburn Fossella Costello Larson (CT) Smith (WA) Mack Bilbray Edwards (MD) Kagen Blunt Foxx Courtney Lee Solis Manzullo Bishop (GA) Edwards (TX) Kanjorski Boehner Franks (AZ) Cramer Levin Space Marchant Bishop (NY) Ellison Kaptur Bonner Frelinghuysen Crowley Lewis (GA) Spratt Marshall Blumenauer Ellsworth Kennedy Bono Mack Gallegly Cuellar Lipinski Stark McCarthy (CA) Boswell Emanuel Kildee Boozman Garrett (NJ) Davis (AL) Loebsack Stupak McCaul (TX) Boucher Engel Kilpatrick Boustany Gerlach Davis (CA) Lofgren, Zoe Sutton McCotter Boyd (FL) Eshoo Kind Brady (TX) Gilchrest Davis (IL) Lowey Tanner McCrery Boyda (KS) Etheridge Kirk Broun (GA) Gingrey Davis, Lincoln Lynch Tauscher McHenry Brady (PA) Farr Kucinich Brown (SC) Gohmert DeFazio Maloney (NY) Taylor McHugh Braley (IA) Fattah LaHood Brown-Waite, Goode DeGette Markey Thompson (CA) McIntyre Brown, Corrine Filner Langevin Ginny Goodlatte Delahunt Matheson Thompson (MS) McKeon Butterfield Foster Larsen (WA) Buchanan Granger DeLauro Matsui Tierney McMorris Capps Frank (MA) Larson (CT) Burgess Graves Dicks McCarthy (NY) Towns Rodgers Capuano Giffords Lee Burton (IN) Hall (TX) Dingell McCollum (MN) Udall (CO) Mica Cardoza Gilchrest Levin Buyer Hastings (WA) Doggett McDermott Udall (NM) Miller (FL) Carnahan Gillibrand Lewis (GA) Calvert Hayes Miller (MI) Donnelly McGovern Van Hollen ´ Carney Gonzalez Lipinski Camp (MI) Heller Doyle McNerney Velazquez Miller, Gary Carson Gordon Loebsack Campbell (CA) Hensarling Edwards (MD) McNulty Visclosky Mitchell Castor Green, Al Lofgren, Zoe Cantor Herger Edwards (TX) Meek (FL) Walz (MN) Moran (KS) Cazayoux Grijalva Lowey Capito Hobson Ellison Meeks (NY) Wasserman Murphy, Tim Chandler Gutierrez Lynch Carter Hoekstra Ellsworth Melancon Schultz Musgrave Childers Hall (NY) Maloney (NY) Castle Hulshof Emanuel Michaud Waters Myrick Clarke Hare Markey Chabot Hunter Engel Miller (NC) Watt Neugebauer Clay Harman Marshall Coble Inglis (SC) Eshoo Miller, George Waxman Nunes Cleaver Hastings (FL) Matheson Cole (OK) Issa Etheridge Mollohan Weiner Paul Clyburn Hayes Matsui Conaway Johnson (IL) Farr Moore (KS) Welch (VT) Pearce Cohen Herseth Sandlin McCarthy (NY) Crenshaw Johnson, Sam Fattah Moran (VA) Wexler Pence Conyers Higgins McCollum (MN) Culberson Jones (NC) Filner Murphy (CT) Wilson (OH) Peterson (PA) Cooper Hill McDermott Davis (KY) Jordan Foster Murphy, Patrick Woolsey Petri Costa Hinchey McGovern Davis, David Keller Frank (MA) Murtha Wu Pickering Costello Hinojosa McIntyre Davis, Tom King (IA) Giffords Nadler Yarmuth Pitts Courtney Hirono McNerney Deal (GA) King (NY) Platts Cramer Hodes McNulty Dent Kingston NOT VOTING—13 Poe Crowley Holden Meek (FL) Diaz-Balart, L. Kirk Cannon Cummings Mahoney (FL) Porter Cuellar Holt Meeks (NY) Diaz-Balart, M. Kline (MN) Price (GA) Cubin Lampson Moore (WI)

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6044 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Melancon Rodriguez Spratt NOT VOTING—12 Goode Matsui Sali Michaud Rogers (AL) Stark Goodlatte McCarthy (CA) Sa´ nchez, Linda Cannon Mahoney (FL) Rush Miller (NC) Ros-Lehtinen Stupak Gordon McCarthy (NY) T. Cubin Pryce (OH) Snyder Granger McCaul (TX) Sanchez, Loretta Miller, George Ross Sutton King (IA) Putnam Speier Graves McCollum (MN) Sarbanes Mollohan Rothman Tanner Lampson Radanovich Watson Moore (KS) Roybal-Allard Tauscher Green, Al McCrery Saxton Moore (WI) Ruppersberger Taylor ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Green, Gene McDermott Scalise Moran (VA) Ryan (OH) Thompson (CA) Grijalva McGovern Schakowsky The SPEAKER pro tempore (during Gutierrez McHenry Murphy (CT) Salazar Thompson (MS) Schiff the vote). There are 2 minutes remain- Hall (NY) McHugh Murphy, Patrick Sa´ nchez, Linda Tierney Schmidt Hare McIntyre Murtha T. Towns ing in this vote. Schwartz Harman McKeon Scott (GA) Nadler Sanchez, Loretta Tsongas Hastings (FL) McMorris Napolitano Sarbanes Udall (CO) b 1409 Scott (VA) Hastings (WA) Rodgers Sensenbrenner Neal (MA) Schakowsky Udall (NM) So the bill was passed. Hayes McNerney Oberstar Schiff Van Hollen Serrano The result of the vote was announced Heller McNulty Sessions Obey Schwartz Vela´ zquez Herger Meek (FL) Sestak Olver Scott (GA) Visclosky as above recorded. Herseth Sandlin Meeks (NY) Shadegg Ortiz Scott (VA) Walz (MN) A motion to reconsider was laid on Higgins Melancon Shays Pallone Serrano Wasserman Hill Mica the table. Shea-Porter Pascrell Sestak Schultz Hinchey Michaud Sherman Pastor Shea-Porter Waters f Hinojosa Miller (FL) Shimkus Payne Sherman Watt Hirono Miller (MI) EDWARD BYRNE MEMORIAL JUS- Hobson Miller (NC) Shuler Perlmutter Shuler Waxman Shuster Peterson (MN) Sires Weiner TICE ASSISTANCE GRANT PRO- Hodes Miller, Gary Hoekstra Miller, George Simpson Pomeroy Skelton Welch (VT) GRAM AUTHORIZATION Sires Price (NC) Slaughter Wilson (OH) Holden Mitchell Honda Mollohan Skelton Rahall Smith (NJ) Woolsey The SPEAKER pro tempore. The un- Hooley Moore (KS) Slaughter Rangel Smith (WA) Wu finished business is the vote on the mo- Hoyer Moore (WI) Smith (NE) Reyes Solis Yarmuth tion to suspend the rules and pass the Hulshof Moran (KS) Smith (NJ) Richardson Space bill, H.R. 3546, as amended, on which Hunter Moran (VA) Smith (TX) the yeas and nays were ordered. Inslee Murphy (CT) Smith (WA) NOES—189 Israel Murphy, Patrick Solis The Clerk read the title of the bill. Issa Murphy, Tim Souder Aderholt Foxx Myrick The SPEAKER pro tempore. The Akin Franks (AZ) Neugebauer Jackson (IL) Murtha Space Alexander Frelinghuysen Nunes question is on the motion offered by Jackson-Lee Musgrave Spratt (TX) Myrick Stark Bachmann Gallegly Paul the gentleman from Michigan (Mr. Johnson (GA) Nadler Stearns Bachus Garrett (NJ) Pearce CONYERS) that the House suspend the Johnson (IL) Napolitano Stupak Barrett (SC) Gerlach Pence rules and pass the bill, H.R. 3546, as Johnson, E. B. Neal (MA) Sullivan Bartlett (MD) Gingrey Peterson (PA) Johnson, Sam Nunes Sutton Barton (TX) Gohmert Petri amended. Jones (NC) Oberstar Tanner Bean Goode Pickering This will be a 5-minute vote. Jones (OH) Obey Tauscher Biggert Goodlatte Pitts The vote was taken by electronic de- Jordan Olver Taylor Bilirakis Granger Platts vice, and there were—yeas 406, nays 11, Kagen Ortiz Terry Bishop (UT) Graves Poe Kanjorski Pallone Thompson (CA) Blackburn Green, Gene Porter not voting 17, as follows: Kaptur Pascrell Thompson (MS) Blunt Hall (TX) Price (GA) [Roll No. 456] Keller Pastor Thornberry Boehner Hastings (WA) Ramstad YEAS—406 Kennedy Payne Tiahrt Bonner Heller Regula Kildee Pearce Abercrombie Burgess DeGette Tiberi Bono Mack Hensarling Rehberg Kilpatrick Pence Tierney Ackerman Burton (IN) Delahunt King (IA) Perlmutter Boozman Herger Reichert Towns Aderholt Butterfield DeLauro King (NY) Peterson (MN) Boren Hobson Renzi Tsongas Boustany Hoekstra Reynolds Akin Buyer Dent Kingston Peterson (PA) Alexander Calvert Diaz-Balart, L. Turner Brady (TX) Hulshof Rogers (KY) Kirk Petri Allen Camp (MI) Diaz-Balart, M. Udall (CO) Broun (GA) Hunter Rogers (MI) Kline (MN) Pickering Altmire Cantor Dicks Udall (NM) Brown (SC) Inglis (SC) Rohrabacher Knollenberg Pitts Andrews Capito Dingell Upton Brown-Waite, Issa Roskam Kucinich Platts Arcuri Capps Doggett Kuhl (NY) Pomeroy Van Hollen Ginny Johnson, Sam Royce ´ Baca Capuano Donnelly LaHood Porter Velazquez Buchanan Jordan Ryan (WI) Bachmann Cardoza Doolittle Visclosky Burgess Keller Sali Lamborn Price (GA) Bachus Carnahan Doyle Langevin Price (NC) Walberg Burton (IN) King (NY) Saxton Baird Carney Drake Larsen (WA) Radanovich Walden (OR) Buyer Kingston Scalise Baldwin Carson Dreier Larson (CT) Rahall Walsh (NY) Calvert Klein (FL) Schmidt Barrett (SC) Carter Duncan Latham Ramstad Walz (MN) Camp (MI) Kline (MN) Sensenbrenner Barrow Castle Edwards (MD) LaTourette Rangel Wamp Campbell (CA) Knollenberg Sessions Bartlett (MD) Castor Edwards (TX) Latta Regula Wasserman Cantor Kuhl (NY) Shadegg Barton (TX) Cazayoux Ehlers Lee Rehberg Schultz Capito Lamborn Shays Bean Chabot Ellison Levin Reichert Waters Carter Latham Shimkus Becerra Chandler Ellsworth Lewis (CA) Renzi Watt Castle LaTourette Shuster Berkley Childers Emanuel Lewis (GA) Reyes Waxman Chabot Latta Simpson Berman Clarke Emerson Lewis (KY) Reynolds Weiner Coble Lewis (CA) Smith (NE) Berry Clay Engel Linder Richardson Welch (VT) Cole (OK) Lewis (KY) Smith (TX) Biggert Cleaver English (PA) Lipinski Rodriguez Weldon (FL) Conaway Linder Souder Bilbray Clyburn Eshoo LoBiondo Rogers (AL) Weller Crenshaw LoBiondo Stearns Bilirakis Coble Etheridge Loebsack Rogers (KY) Westmoreland Culberson Lucas Sullivan Bishop (GA) Cohen Everett Lofgren, Zoe Rogers (MI) Wexler Davis (KY) Lungren, Daniel Tancredo Bishop (NY) Cole (OK) Fallin Lowey Rohrabacher Whitfield (KY) Bishop (UT) Conaway Farr Davis, David E. Terry Lucas Ros-Lehtinen Wilson (NM) Blackburn Conyers Fattah Davis, Tom Mack Thornberry Lungren, Daniel Roskam Wilson (OH) Blumenauer Cooper Feeney Deal (GA) Manzullo Tiahrt E. Ross Wilson (SC) Blunt Costa Ferguson Dent Marchant Lynch Rothman Wittman (VA) Tiberi Boehner Costello Filner Diaz-Balart, L. McCarthy (CA) Turner Mack Roybal-Allard Wolf Bonner Courtney Forbes Maloney (NY) Royce Woolsey Diaz-Balart, M. McCaul (TX) Upton Bono Mack Cramer Fortenberry Doolittle McCotter Walberg Manzullo Ruppersberger Wu Boozman Crenshaw Fossella Yarmuth Drake McCrery Walden (OR) Markey Ryan (OH) Boren Crowley Foster Marshall Ryan (WI) Young (AK) Dreier McHenry Walsh (NY) Boswell Cuellar Foxx Matheson Salazar Young (FL) Duncan McHugh Wamp Boucher Culberson Frank (MA) Ehlers McKeon Weldon (FL) Boustany Cummings Frelinghuysen NAYS—11 Emerson McMorris Weller Boyd (FL) Davis (AL) Gallegly English (PA) Rodgers Westmoreland Broun (GA) Hensarling Paul Brady (PA) Davis (CA) Garrett (NJ) Campbell (CA) Inglis (SC) Everett Mica Wexler Poe Brady (TX) Davis (IL) Gerlach Flake Marchant Fallin Miller (FL) Whitfield (KY) Tancredo Braley (IA) Davis (KY) Giffords Franks (AZ) Neugebauer Feeney Miller (MI) Wilson (NM) Brown (SC) Davis, David Gilchrest Ferguson Miller, Gary Wilson (SC) Brown, Corrine Davis, Lincoln Gillibrand NOT VOTING—17 Flake Mitchell Wittman (VA) Brown-Waite, Davis, Tom Gingrey Boyda (KS) Cubin Holt Forbes Moran (KS) Wolf Ginny Deal (GA) Gohmert Cannon Hall (TX) Jefferson Fortenberry Murphy, Tim Young (AK) Buchanan DeFazio Gonzalez Fossella Musgrave Young (FL)

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6045 Kind McCotter Snyder land claims, and so shall be deemed lands ob- benefit of the Community not later than 30 Klein (FL) Pryce (OH) Speier tained in settlement of a land claim within days after both of the following have oc- Lampson Putnam Watson the meaning of section 20(b)(1)(B)(i) of the curred: Mahoney (FL) Rush Indian Gaming Regulatory Act (25 U.S.C. (A) The Secretary has received a title in- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 2719; Public Law 100–497). surance policy for the alternative lands that The SPEAKER pro tempore (during (c) EXTINGUISHMENT OF CLAIMS.—Upon the shows that the alternative lands are not sub- the vote). Members are advised there date of enactment of this Act, any and all ject to mortgages, liens, deeds of trust, op- are 2 minutes remaining. claims by the Community to the Charlotte tions to purchase, or other security inter- Beach lands or against the United States, ests. b 1417 the State of Michigan or any subdivision (B) The Secretary has confirmed that the thereof, the Governor of the State of Michi- National Environmental Policy Act of 1969 Messrs. TANCREDO and INGLIS of gan, or any other person or entity by the has been complied with regarding the trust South Carolina changed their vote Community based on or relating to claims to acquisition of the property. from ‘‘yea’’ to ‘‘nay.’’ the Charlotte Beach lands (including without (2) PART OF RESERVATION.—The alternative So (two-thirds being in the affirma- limitation, claims for trespass damages, use, lands shall become part of the Community’s tive) the rules were suspended and the or occupancy), whether based on aboriginal reservation immediately upon attaining bill, as amended, was passed. or recognized title, are hereby extinguished. trust status. The result of the vote was announced The extinguishment of these claims is in (b) GAMING.—The alternative lands shall be taken into trust as provided in this section as above recorded. consideration for the benefits to the Commu- nity under this Act. as part of the settlement and extinguish- A motion to reconsider was laid on SEC. 3. EFFECTUATION AND RATIFICATION OF ment of the Community’s Charlotte Beach the table. AGREEMENT. land claims, and so shall be deemed lands ob- f (a) RATIFICATION.—The United States ap- tained in settlement of a land claim within proves and ratifies the Settlement of Land the meaning of section 20(b)(1)(B)(i) of the BAY MILLS INDIAN COMMUNITY Claim, except that the last sentence in sec- Indian Gaming Regulatory Act (25 U.S.C. LAND CLAIMS SETTLEMENT tion 10 of the Settlement of Land Claim is 2719; Public Law 100–497). Mr. RAHALL. Mr. Speaker, pursuant hereby deleted. (c) EXTINGUISHMENT OF CLAIMS.—Concur- rent with the Secretary taking the alter- to House Resolution 1298, I call up the (b) NOT PRECEDENT.—The provisions con- tained in the Settlement of Land Claim are native lands into trust under subsection (a), bill (H.R. 2176) to provide for and ap- unique and shall not be considered precedent any and all claims by the Community to the prove the settlement of certain land for any future agreement between any tribe Charlotte Beach lands or against the United claims of the Bay Mills Indian Commu- and State. States, the State of Michigan or any subdivi- nity, and ask for its immediate consid- (c) ENFORCEMENT.—The Settlement of Land sion thereof, the Governor of the State of eration. Claim shall be enforceable by either the Michigan, or any other person or entity by The Clerk read the title of the bill. Community or the Governor according to its the Community based on or relating to The text of the bill is as follows: terms. Exclusive jurisdiction over any en- claims to the Charlotte Beach lands (includ- forcement action is vested in the United ing without limitation, claims for trespass H.R. 2176 States District Court for the Western Dis- damages, use, or occupancy), whether based Be it enacted by the Senate and House of Rep- trict of Michigan. on aboriginal or recognized title, are hereby resentatives of the United States of America in The SPEAKER pro tempore (Mr. extinguished. The extinguishment of these Congress assembled, claims is in consideration for the benefits to ROSS). Pursuant to House Resolution the Community under this Act. SECTION 1. DEFINITIONS. 1298, in lieu of the amendment rec- For the purposes of this Act, the following SEC. 103. EFFECTUATION AND RATIFICATION OF definitions apply: ommended by the Committee on Nat- AGREEMENT. (1) ALTERNATIVE LANDS.—The term ‘‘alter- ural Resources, printed in the bill, the (a) RATIFICATION.—The United States ap- native lands’’ means those lands identified as amendment in the nature of a sub- proves and ratifies the Settlement of Land alternative lands in the Settlement of Land stitute printed in House Report 110–732 Claim, except that the last sentence in sec- Claim. is adopted and the bill, as amended, is tion 10 of the Settlement of Land Claim is (2) CHARLOTTE BEACH LANDS.—The term considered read. hereby deleted. ‘‘Charlotte Beach lands’’ means those lands (b) NOT PRECEDENT.—The provisions con- The text of the bill, as amended, is as tained in the Settlement of Land Claim are in the Charlotte Beach area of Michigan and follows: described as follows: Government Lots 1, 2, 3, unique and shall not be considered precedent and 4 of Section 7, T45N, R2E, and Lot 1 of TITLE I—BAY MILLS INDIAN COMMUNITY for any future agreement between any tribe Section 18, T45N, R2E, Chippewa County, SEC. 101. DEFINITIONS. and State. State of Michigan. For the purposes of this title, the following (c) ENFORCEMENT.—The Settlement of Land (3) COMMUNITY.—The term ‘‘Community’’ definitions apply: Claim shall be enforceable by either the means the Bay Mills Indian Community, a (1) ALTERNATIVE LANDS.—The term ‘‘alter- Community or the Governor according to its federally recognized Indian tribe. native lands’’ means those lands identified as terms. Exclusive jurisdiction over any en- (4) SETTLEMENT OF LAND CLAIM.—The term alternative lands in the Settlement of Land forcement action is vested in the United ‘‘Settlement of Land Claim’’ means the Claim. States District Court for the Western Dis- agreement between the Community and the (2) CHARLOTTE BEACH LANDS.—The term trict of Michigan. Governor of the State of Michigan executed ‘‘Charlotte Beach lands’’ means those lands TITLE II—SAULT STE. MARIE TRIBE OF on August 23, 2002, and filed with the Office in the Charlotte Beach area of Michigan and CHIPPEWA INDIANS of Secretary of State of the State of Michi- described as follows: Government Lots 1, 2, 3, SEC. 201. ACCEPTANCE OF ALTERNATIVE LANDS gan. and 4 of Section 7, T45N, R2E, and Lot 1 of AND EXTINGUISHMENT OF CLAIMS. (5) SECRETARY.—The term ‘‘Secretary’’ Section 18, T45N, R2E, Chippewa County, (a) DEFINITIONS.—For the purposes of this means the Secretary of the Interior. State of Michigan. title, the following definitions apply: SEC. 2. ACCEPTANCE OF ALTERNATIVE LANDS (3) COMMUNITY.—The term ‘‘Community’’ (1) ALTERNATIVE LANDS.—The term ‘‘alter- AND EXTINGUISHMENT OF CLAIMS. means the Bay Mills Indian Community, a native lands’’ means those lands identified as (a) LAND INTO TRUST; PART OF RESERVA- federally recognized Indian tribe. alternative lands in the Settlement of Land TION.—Upon the date of enactment of this (4) SETTLEMENT OF LAND CLAIM.—The term Claim. Act— ‘‘Settlement of Land Claim’’ means the (2) CHARLOTTE BEACH LANDS.—The term (1) the Secretary shall take the alternative agreement between the Community and the ‘‘Charlotte Beach lands’’ means those lands lands into trust for the benefit of the Com- Governor of the State of Michigan executed in the Charlotte Beach area of Michigan and munity within 30 days of receiving a title in- on August 23, 2002, and filed with the Office described as follows: Government Lots 1, 2, 3, surance policy for the alternative lands of Secretary of State of the State of Michi- and 4 of Section 7, T45N, R2E, and Lot 1 of which shows that the alternative lands are gan, including the document titled ‘‘Adden- Section 18, T45N, R2E, Chippewa County, not subject to mortgages, liens, deeds of dum to Settlement of Land Claim’’, executed State of Michigan. trust, options to purchase, or other security by the parties on November 13, 2007. (3) SECRETARY.—The term ‘‘Secretary’’ interests; and (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (2) the alternative lands shall become part means the Secretary of the Interior. (4) SETTLEMENT OF LAND CLAIM.—The term of the Community’s reservation immediately SEC. 102. ACCEPTANCE OF ALTERNATIVE LANDS ‘‘Settlement of Land Claim’’ means the upon attaining trust status. AND EXTINGUISHMENT OF CLAIMS. agreement between the Tribe and the Gov- (b) GAMING.—The alternative lands shall be (a) LAND INTO TRUST; PART OF RESERVA- ernor of the State of Michigan executed on taken into trust as provided in this section TION.— December 30, 2002, and filed with the Office of as part of the settlement and extinguish- (1) LAND INTO TRUST.—The Secretary shall Secretary of State of the State of Michigan, ment of the Community’s Charlotte Beach take the alternative lands into trust for the including the document titled ‘‘Addendum to

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6046 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Settlement of Land Claim’’, executed by the The Chair recognizes the gentleman publican John Engler and current parties on November 14, 2007. from West Virginia. Democratic Governor Jennifer (5) TRIBE.—The term ‘‘Tribe’’ means the GENERAL LEAVE Granholm. Sault Ste. Marie Tribe of Chippewa Indians, Indeed, Jennifer Granholm stated in a federally recognized Indian tribe. Mr. RAHALL. Mr. Speaker, I ask (b) LAND INTO TRUST; PART OF RESERVA- unanimous consent that all Members a letter addressed to me: ‘‘The Federal TION.— may have 5 legislative days in which to courts have held that both the Bay (1) LAND INTO TRUST.—The Secretary shall revise and extend their remarks and in- Mills Tribe and the Sault Ste. Marie take the alternative lands into trust for the clude extraneous material on H.R. 2176. Tribe trace their ancestry to the two benefit of the Tribe not later than 30 days The SPEAKER pro tempore. Is there Chippewa bands named in the deed to after both of the following have occurred: objection to the request of the gen- the disputed Charlotte Beach lands and (A) The Secretary has received a title in- that both tribes, accordingly, share in surance policy for the alternative lands that tleman from West Virginia? shows that the alternative lands are not sub- There was no objection. any potential claim based on those ject to mortgages, liens, deeds of trust, op- Mr. RAHALL. Mr. Speaker, I yield lands.’’ tions to purchase, or other security inter- myself such time as I may consume. To be clear then, that is what is at ests. Today, the Committee on Natural issue with the pending legislation—the (B) The Secretary has confirmed that the Resources is continuing our effort to settlement of these land claims. There National Environmental Policy Act of 1969 bring justice to Indian country. Last is no administrative process available has been complied with regarding the trust year, the committee brought to the full to accomplish this. It is something acquisition of the property. House legislation to finally provide that is solely vested with the Congress. (2) PART OF RESERVATION.—The alternative Federal recognition to the long suf- The pending measure would imple- lands shall become part of the Tribe’s res- ervation immediately upon attaining trust fering Lumbee Tribe in the State of ment a settlement agreement entered status. North Carolina. into by the Governor of Michigan, the (c) GAMING.—The alternative lands shall be We also brought to the floor legisla- Bay Mills and the Sault, and in doing taken into trust as provided in this section tion to grant Federal recognition to six so, it would clear the land title cloud as part of the settlement and extinguish- Virginia tribes 400 years after the that has hung over the residents of the ment of the Tribe’s Charlotte Beach land founding of the Jamestown settlement. Charlotte Beach area. claims, and so shall be deemed lands ob- These were the very tribes that greeted Under an agreement reached with the tained in settlement of a land claim within the meaning of section 20(b)(1)(B)(i) of the the English settlers when they landed Bay Mills and with the Sault Ste. Indian Gaming Regulatory Act (25 U.S.C. on our shores. Marie Tribe, initially with Governor 2719(b)(1)(B)(i)). Today, we are considering legislation Engler and subsequently with Governor (d) EXTINGUISHMENT OF CLAIMS.—In consid- to end a 153-year odyssey involving two Granholm, the tribes would relinquish eration for the benefits to the Tribe under federally recognized tribes in the State their land claims at Charlotte Beach, this Act, any and all claims by the Tribe to of Michigan—the Bay Mills Indian and instead, would be able to take into the Charlotte Beach lands or against the Community and the Sault Ste. Marie trust land at, in the case of the Bay United States, the State of Michigan or any subdivision thereof, the Governor of the Tribe of Chippewa Indians. Mills, Port Huron, Michigan, and in the State of Michigan, or any other person or en- This bill seeks to settle legitimate case of the Sault Ste. Marie, either tity by the Tribe based on or relating to land claims of these two Indian tribes. Flint, Monroe or Romulus, Michigan. claims to the Charlotte Beach lands (includ- I would note that the resolution of In- Under this settlement agreement, ing without limitation, claims for trespass dian land claims is something that is gaming is authorized on the new res- damages, use, or occupancy), whether based vested with the Congress, and Congress ervation lands at Port Huron and at ei- on aboriginal or recognized title, are extin- has taken this type of action on nu- ther Flint, Monroe or Romulus. guished upon completion of the following: However, in my view, the primary (1) The Secretary having taken the alter- merous occasions. No precedent is native lands into trust for the benefit of the being set by these bills. concern of Congress is the settlement Tribe under subsection (b). The genesis of the pending legislation of the land claims. What then occurs is (2) Congressional acceptance of the extin- dates back to 1807 when the Chippewa a matter that is up to the State of guishment of any and all such claims to the ceded much of what is now the State of Michigan, its political subdivisions, Charlotte Beach lands by the Bay Mills In- Michigan in a treaty with the Governor and the affected tribes. dian Community. of the Michigan Territory. Subsequent Finally, Mr. Speaker, I would note (e) EFFECTUATION AND RATIFICATION OF treaties ensued in 1817, 1820, 1836, and that all Representatives of the House AGREEMENT.— (1) RATIFICATION.—The United States ap- in 1855. of Representatives whose congressional proves and ratifies the Settlement of Land In the case of both the Bay Mills and districts contain either the lands where Claim. the Sault Ste. Marie, the 1855 Treaty of the existing land claims rest or the (2) NOT PRECEDENT.—The provisions con- Detroit set aside land, in what is now areas where the new reservation lands tained in the Settlement of Land Claim are known as Charlotte Beach, for their ex- would be created support these two unique and shall not be considered precedent clusive use. However, shortly after the bills—the dean of our House, Chairman for any future agreement between any Indian treaty was concluded, that very land JOHN DINGELL; Representative BART tribe and State. was sold to non-Indian speculators. STUPAK; Representative DALE KILDEE, (3) ENFORCEMENT.—The Settlement of Land This is hardly the first time some- Claim shall be enforceable by either the and Representative CANDICE MILLER. I Tribe or the Governor according to its terms. thing like this was done to Native would also note that the municipalities Exclusive jurisdiction over any enforcement Americans, but it is another indict- involved support this settlement. action is vested in the United States District ment in the long and sad chapter of I have set out the facts, Mr. Speaker, Court for the Western District of Michigan. their past treatment by those with the historical record regarding these The SPEAKER pro tempore. Debate wealth and power. two tribes and their Charlotte Beach shall not exceed 1 hour, with 40 min- At present, some 100 non-Indian land- land claims. I do believe that the deliv- utes equally divided and controlled by owners reside on the Charlotte Beach erance of justice is on the side of these the chairman and ranking minority land, under a clouded title, due to the two tribes and of the legislation we are member of the Committee on Natural legitimate land claims filed by the Bay considering today. Resources, and 20 minutes equally di- Mills and the Sault Ste. Marie. This I reserve the balance of my time. vided and controlled by the chairman makes it impossible for the residents of Mr. YOUNG of Alaska. Mr. Speaker, I and ranking member of the Committee Charlotte Beach to receive title insur- yield myself such time as I may con- on the Judiciary. ance—depressing land values and mak- sume. The gentleman from West Virginia ing it difficult to obtain mortgages, (Mr. YOUNG of Alaska asked and was (Mr. RAHALL) and the gentleman from among other issues. given permission to revise and extend Alaska (Mr. YOUNG) each will control The Interior Department has testi- his remarks.) 20 minutes, and the gentleman from fied to the legitimacy of the land Mr. YOUNG of Alaska. Mr. Speaker, Michigan (Mr. CONYERS) and the gen- claims in question. Their legitimacy Chairman RAHALL has summarized the tleman from Iowa (Mr. KING) each will has also been recognized by two Gov- settlement history of the Bay Mills control 10 minutes. ernors of the State of Michigan—Re- land claim as well as the related and

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6047 commingled claim of the Sault Ste. should never have gone to Judiciary. Mr. CONYERS. Mr. Speaker, could I Marie Tribe. Therefore, I will limit my Mr. Speaker, it should never have gone bring the temperature down somewhat remarks to why I believe this amended to Judiciary. This is not your jurisdic- from the speakers by pointing out to bill, which is championed by my good tion. This is the jurisdiction of Natural my good friend from Alaska that this friends from Michigan, Chairman JOHN Resources only, and for some reason, matter is within the Judiciary Com- DINGELL, Chairman BART STUPAK, and somebody tried to placate somebody mittee because the Parliamentarian CANDICE MILLER, deserves the support and send it over to Judiciary. Judici- said so? So for the gentleman to make of the Members of this House. ary has no jurisdiction over this bill. this assertion that we have no claim of Before the House today are two bills IGRA is under the jurisdiction of the jurisdiction here is one of the errors combined to resolve a problem affect- Resources Committee. that he has made in his presentation. ing two tribes in the Upper Peninsula I understand the opposition. On the Now, ladies and gentlemen, I’m so of Michigan and a number of non-In- one hand, we must defer to Governors proud that nobody has mentioned casi- dian landowners in an area of Michigan and to Members who don’t want gam- nos yet, because that means the casi- known as Charlotte Beach. ing, but on the other hand, we are hear- nos are not an issue, of course, in this Let me point out the support for this ing we must not defer to Governors and matter. Or you mentioned gaming. bill in the districts that are affected by to Members when they want to permit Okay. Chairman RAHALL concedes that them. The Members representing Bay and to regulate gaming. This is con- he did mention gaming. Mills and the Sault Ste. Marie Tribes fusing. Well, let me tell you something. This support the bill. The two Members rep- Most of the opponents of these bills is just like H.L. Mencken. When they resenting districts where lands will be don’t live in the area affected by the say this is not about money, Mencken placed in trust support the bill. legislation. I note that none of the says that means it’s about money. Finally—and this is very important— amendments filed to this bill were Now, it just so happens that, on three this settlement deal was negotiated by from the Michigan delegation. occasions, these tribes have tried to former Governor John Engler and is So why are they opposed? I believe it get the Department of Interior, which supported by Governor Granholm. is fear of competition. The tribes whose is where this goes—and as for this busi- It has been my practice—and I hope lands are settled by H.R. 2176, as ness about its being in the exclusive ju- most of you understand—to defer to amended, have every right under the risdiction of the Congress, we don’t sit the Members whose districts are af- law to provide economically to their around here, ruling on this business. fected by legislation because that members. That they choose to do so by We can override the established proce- Member best represents the views of operating casinos is their choice, as dures if we want to, and here, we want his constituents and knows his district well as that of the Governor of Michi- to because the Department of Interior best. Of course, I can only wish that gan. These enterprises will supply jobs has turned down these claims three dif- others would respect this practice to the area, will provide funds for ferent times—in 1982, 1983, and 1992. when it comes to Alaska. If so, we health care, and will provide better They said ‘‘no.’’ The reason was they would be enjoying 42 million gallons of education for Native Americans, and weren’t meritorious. oil a day from ANWR. Instead, we have they will do so by engaging the oldest And then an enterprising member of Members whose districts are thousands American economic policies—good old- the bar—and I hate to tell you that of miles away and who are encasing fashioned, competitive capitalism. that was his profession—said, Ah, I’ve this key to American oil independence got an idea. Wait until you see the b 1430 and lower gas prices in crystal by de- charts that show how far Sault Ste. claring it a wilderness. That is some- This is not the first time that Con- Marie and Bay Mills are from where thing that even President Jimmy gress has taken lands into trust for they want to locate the casinos. Carter, in his cardigan sweaters, re- tribes outside traditional reservation I said it was 350 miles away. It’s 348 fused to do during the height of our gas boundaries and has allowed the tribes miles away. I’m sorry. So let’s come crisis. the full economic benefit of these clean, okay? Getting back to H.R. 2176, this bill lands. As one example, I point to the Now, the lady I supported for Gov- settles two Indian land claims without Omnibus Indian Advancement Act from ernor, Governor Granholm, overrode costing any Federal or State dollars the 106th Congress. That law directed the State legislature to send you that and without imposing taxes or fees on the Secretary of the Interior to take letter, and it’s not going by the Indian anyone. In fact, under the settlement land into trust for two tribes—the Gaming Regulatory Commission rules deals, the tribes are going to share rev- Lytton Rancheria and the Graton or her own State’s rules. The people in enues with the State of Michigan and Rancheria—which may not have been Michigan have voted down casinos al- with local communities. part of the tribes’ historical ranges. In ready. And, the former Governor The bills are consistent with the each case, just like the bill being con- Engler, wow. He tried to stick it in compact agreed to by the tribes and by sidered today, gaming was not barred. bills coming over here. He never would the Governors pursuant to the Indian Certainly, this is a common result have done what we are doing here Gaming Regulatory Act. whenever Congress or the administra- today but for the same reasons of con- In this Congress, we have passed bills tion recognizes a landless tribe or re- cern that those proponents of the bill that recognize some tribes on the con- stores land to a tribe. have reason to be concerned right now. dition that such tribes forego gaming. In the meantime, the property own- So that’s the story, folks. If you want We made this condition a part of their ers in Charlotte Beach have watched to start a run on forum shopping for recognition of the bills. This breaks the value of their property plummet, casinos, this is going to be the first bill with long-standing precedent and with something like 90 percent in some that does it. treating Indian tribes on an equal foot- cases. The cloud on the title to their It is no joy for me to be before you opposing ing with one another. But we did it out land, resulting from the land claims, legislation reported by the Natural Resources of deference to the Members who rep- has made it nearly impossible for them Committee and my friend NICK RAHALL, and resent the tribes, out of deference to to sell or to secure a mortgage. This supported so strongly by my friends JOHN DIN- the Governors of the States affected, isn’t right, and it isn’t right to leave GELL and BART STUPAK. and out of deference to the wishes of them hanging when the Governors of But this is bad legislation. I regret that the local communities. Michigan, the legislature, the affected House is having to consider it. And I must If we want to remain consistent in communities, and their Representa- strongly oppose it. this policy, then we should agree to the tives want to move these settlements Those pushing this legislation on the House request of the Members and of the Gov- forward. do not always like to emphasize the fact that ernors and of the local communities of This bill will end this ordeal that it is about legalizing casino gambling where it Port Huron and Romulus. they’re all facing. would not otherwise be legal—pure and sim- I understand there is opposition to Once again, I do urge support of H.R. ple. this bill. By the way, Mr. Speaker, I 2176, as amended, and urge passage. And not just in two corners of Michigan. probably shouldn’t say, but this bill I reserve the balance of my time. This is not a local Michigan issue—leaving

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Marie This would create a national blueprint for This bill simply blesses a superseding com- tribes and their private-sector allies, Congress casino forum shopping, where no corner of the pact for these two tribes that lets them off the would set a dangerous precedent for side- country would be safe from the designs of any hook, without going through any of the estab- stepping the established review process for developer or casino operator, working in lished process for negotiating and approving a land claims, and create a shortcut for spread- league with any far-off Indian tribe. new compact. ing casino gambling into every corner of the They say it does not set a precedent—says The Indian Gaming Regulatory Act rightly country. so right in the bill: ‘‘don’t look for a precedent disfavors off-reservation casino gaming. We should not start down that path. The here.’’ Who are they trying to kid? And as set forth in greater detail in the Inte- tribes should pursue whatever claims they This legislation is highly controversial, and rior Department guidelines, the greater the dis- may have through the normal procedures— with good reason. Earlier today I discussed tance involved, the greater the risk of harm to and succeed or fail on the merits. the dubious origins of this supposed Indian tribal welfare, and the more tenuous the bene- And so I strongly oppose this bill, and urge land claim. Let me now turn to other major fits. everyone else in this body to do likewise. flaws in this proposal. The distance involved here—350 miles from I reserve the balance of my time. To begin with, it spurns every single proce- the reservation—is a whole new order of mag- Mr. KING of Iowa. I yield myself so dure Congress established under the Indian nitude. And the tribes involved have no known much time as I may consume. Gaming Regulatory Act to balance the sov- historical connection whatsoever to the lands Mr. Speaker, I rise in opposition to ereign rights of Indian tribes to conduct their they would acquire. this bill, H.R. 2176. In unanimity and own affairs, on their own lands, with the legiti- The proponents say there is a precedent. purpose and philosophical intent with mate concerns many of our citizens have with But what they are referring to is no precedent the chairman of the full Judiciary the potential spread of casino gaming into at all. Committee and, by the way, in consist- their communities. The Torres-Martinez case was brought by ency with all of the folks who voted on It simply declares the process to be com- the Interior Department on behalf of the tribe, this bill out of the Judiciary Com- pleted, and the two tribes to have succeeded. for reservation land that an irrigation district mittee, regardless of the assertions of The bill’s proponents will tell you that the bill had placed under water. who had actual jurisdiction, that’s complies fully with the process set out in Under the settlement, the tribe was allowed where it was directed. IGRA. But it does not; it simply jumps to the to acquire land in trust within 10 miles of its I’m interested in this bill for a num- finish line and arbitrarily deems the process to existing reservation—that land also had to be ber of reasons. First of all, when you be satisfied. within its historical territory. have a reservation where they comply Section 102(a)(1) orders the Interior Depart- The tribe has not built a casino on that land, with regulations and go through the ment to take the lands into trust. and has no plans to. Indian Gaming Act and get the author- Section 102(a)(2) directs that the lands be- Furthermore, the land claims here being en- ity to establish a gaming facility, come part of the tribe’s reservation. listed in the service of obtaining these off-res- that’s on the reservation. But I would Section 102(b) declares that the process ervation casinos have already been rejected submit, Mr. Speaker, that 350 miles complies fully with all the requirements of the by the courts. away is off the reservation. And I think Indian Gaming Regulatory Act for purposes of And they are not even claims involving the the motive of this thing is way off the legalizing a casino on the new lands. United States. They are strictly private claims, reservation. What could be simpler? Or more manipula- against the State of Michigan, bearing no rela- In fact, the precedent that would be tive? tion whatsoever to the kind of claims that set by this bill would be a precedent, Let’s not kid ourselves. That’s not complying could legally be settled under the Indian Gam- and I understand there’s language in with process; that’s doing a preemptive end ing Regulatory Act. the bill that says it doesn’t set a prece- run around it. This legislation is supported by exactly two dent. My comment is, Yeah, right. Ev- This bill shows absolutely no regard for the tribes in Michigan—the two who expect to get erything we do around here sets a established process. off-reservation casinos they could not hope to precedent. In fact, it sets a pattern for No regard for the usual review in the Interior obtain under established legal process. the rest of the reservations in the Department, who opposes this bill. It is opposed by other Michigan tribes, who country. Don’t be fooled by rumors of some high- are joined by over 60 tribes across the coun- We’ve got to say ‘‘no’’ at this point. level private go-ahead. The Interior Depart- try. If not, we will be back here. The chair- ment has testified against this legislation— Not because they oppose Indian gaming. man of the Judiciary Committee’s publicly—twice in the last 5 months—before They all have their own interest in preserving comment is well taken. It sets a pat- the Resources Committee, and before the Ju- their rights to build casinos on their own lands. tern that all of the reservations and diciary Committee. What they are opposed to is the free-for-all the tribes in the country will look at, No regard for Michigan voters, who passed that would predictably ensue if this unprece- and they will say how can we also go a referendum in 2004 restricting the expansion dented effort to circumvent the law—a law off the reservation and establish a of casino gambling in their State. The bill does they have all lived under for 20 years—were gaming facility. an end run around that process as well. to pass. For those reasons, I oppose this bill, The proponents claim that there is an ex- This legislation is also opposed by the H.R. 2176. emption in the referendum for casinos on Trib- NAACP because of its lack of basic proce- I reserve the balance of my time. al lands. dural fairness, due process, or any respect for Mr. RAHALL. Mr. Speaker, I reserve Well, of course there is. That’s required by voters in communities across the country who the balance of my time. tribal sovereignty under Federal law. That may understandably have concerns about ca- Mr. YOUNG of Alaska. Mr. Speaker, I would be the case whether the referendum sinos being built in their neighborhoods. reserve. said so or not. Let me also say a word about the view of Mr. CONYERS. Mr. Speaker, I would But no one in their wildest dreams ever organized labor. And I say this as someone yield 3 minutes to the gentlewoman imagined that someone would try to twist the who has a labor voting record in Congress, from Las Vegas (Ms. BERKLEY). common-sense concept of ‘‘Tribal lands’’ to over almost 44 years, that is second to no Ms. BERKLEY. Mr. Speaker, I rise sweep in lands 350 miles from the Tribe’s an- one’s. once again in strong opposition to H.R. cestral homelands. This bill is supported by some in labor; it is 2176. I believe this bill will lead to an This bill does not honor the referendum. It opposed by others. unprecedented expansion of off-reserva- blows a gaping hole through it, and utterly vio- Labor is not united. And why would they tion Indian gaming by offering a blue- lates the spirit of the voters’ decision to limit be? If this legislation has any direct effect on print to any Indian tribe that wants to the spread of casinos in their State. jobs, it will be only to move them from one ca- circumvent the laws regulating Indian No regard for the other Indian tribes in sino in Michigan to another. gaming in order to build a casino out- Michigan, all of whom signed compacts in For these and other reasons, the House Ju- side the boundaries of its sovereign ter- 1994 solemnly pledging, as a means of cur- diciary Committee, which received a sequen- ritory. tailing the impulse to build new casinos far tial referral of this legislation, voted unani- This debate is not about the right of and wide, that revenues from any off-reserva- mously to oppose it. American communities and Indian

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6049 tribes to participate in gaming. I have The SPEAKER pro tempore. The gen- support of this bill. This bill will bring no problem with other communities tleman from West Virginia has 15 min- justice to these Indian tribes, and it trying to replicate Las Vegas’ experi- utes remaining; the gentleman from will help the economy of the cities in- ence, which has been so very success- Alaska, 141⁄2; the gentleman from volved. ful, and I support the rights of tribes to Michigan, 3 minutes; and the gen- I strongly urge my colleagues to sup- participate in gaming on their reserva- tleman from Iowa, 81⁄2. port this legislation. tions as both of these tribes already do. Mr. RAHALL. Mr. Speaker, I am very Mr. YOUNG of Alaska. Mr. Speaker, I But the bill we are considering today is happy to yield 3 minutes to the distin- have listened very intently to this de- an attempt to circumvent the Indian guished member of our Committee on bate. The thing that bothers me the Gaming Regulatory Act by using a Natural Resources, a member of my most is that this is about competition. bogus land claim, a bogus land claim class as well, and from the State of That’s all it is. Let’s face it. It’s com- that has already been tossed out of Michigan, Mr. DALE KILDEE. petition. Mr. KILDEE. I thank the gentleman both Federal and State courts. b 1445 Now, our proponents say that we are for yielding. here because we want to improve a le- Mr. Speaker, I rise in strong support I’m a little disturbed that the casinos gitimate land claim and want to have of the land claim settlement legisla- in Detroit that are owned by Indian justice for our Indian friends. Well, jus- tion relating to the Bay Mills Indian tribes now are objecting to their breth- tice has already been served. This Community and the Sault Ste. Marie ren, because it’s about competition. bogus claim has been thrown out of Tribe of Michigan. I have considered We have been over this time and time Federal court and State court. several factors that, when taken to- again. This is not a new bill. This is an The result, if this bill passes, will be gether, would move me to speak attempt to settle a land claim by those two new off-reservation casinos more strongly in favor of final passage. who own land and who no longer have than 350 miles from the lands of these First, the legislation before us has bi- title of it because of a court ruling. two tribes. And 350 miles is a very sub- partisan gubernatorial support. In 2002, This is not just about casinos. stantial amount. It is from Wash- then-Republican Michigan Governor And by the way, to the chairman of ington, D.C. to Cleveland, Ohio. And John Engler signed two separate agree- the Judiciary, I did mention ‘‘casinos’’ beyond that, if this bill becomes law, ments between the Sault Ste. Marie in my statement. It’s there, I want you any one of the more than 500 recog- Tribe and the Bay Mills Indian Com- people to understand, and I did men- nized Native American tribes can argue munity in order to settle the disputed, tion ‘‘gaming,’’ but I did say ‘‘casinos,’’ that they have the right to sue private and still disputed, land claims in the too. I’m not trying to hide anything. landowners in an attempt to bargain Charlotte Beach area of Michigan. And, This is their prerogative under IGRA for gaming off their reservations. Let’s in November of 2007, the present Demo- to have the title to this land. circumvent the Indian gaming laws, cratic Governor, Jennifer Granholm, This land was not voluntarily given come directly to Congress, and Con- amended and reaffirmed these agree- away. This land was taken. The State gress can end up spending all of our ments, and she strongly supports those of Michigan said it was taken. The time approving Indian gaming casinos bills. courts have said it was taken. These on every street corner in every Amer- Second, my own hometown of Flint, tribes have a legal title to this land. ican city. Michigan, supports bringing an Indian And, until they get that land, the peo- How do we know this land claim is casino to the city. Flint Mayor Don ple who now have homes, who have bogus? Because the chairman of the Williamson gave testimony through stores that have been inherited from Sault Ste. Marie Tribe called it shady, the Natural Resources Committee this their parents, that title is not theirs. suspicious, and a scam until he joined year, expressing his strong support for But we have those in Detroit and with the other tribe and switched his these proposals. And the City Council those interests from outside of Michi- position. of Flint passed a resolution supporting gan that don’t want any more competi- More than 660 tribes are opposed to similar legislation that was followed tion. Competition, apparently, is bad this legislation in which Congress, for by the people of Flint voting in a city- for the American way. I think it’s the first time, will allow a tribe to ex- wide referendum in support of bringing good. pand its reservation into the ancestral an Indian casino to Flint. Again, let’s go back to those people lands of another tribe for the express Mr. Speaker, faced with Flint’s eco- who represent the area. And the Gov- purpose of gaming. This bill is opposed nomic difficulties and the need to set- ernor and the community all support by the Department of the Interior, the tle these Indian land claims, I strongly this bill. NAACP, UNITE HERE, more than 60 support this bill. I reserve my time. tribes across the United States, and by Under the settlement agreement, the POINT OF ORDER a unanimous vote of the Judiciary Bay Mills Indian Community would ac- Mr. CONYERS. Mr. Speaker, point of Committee. quire one parcel of land in Port Huron, order. To sum up this issue, Congress is Michigan, while the Sault Ste. Marie Can you ask that gentleman to sit being asked to pass special interest Tribe would acquire one parcel of land, down and to shut up up there? I don’t legislation benefiting only two tribes, the location to be determined by the care who he is. each of which already has gaming. tribe with the approval of the local The SPEAKER pro tempore. Occu- The SPEAKER pro tempore. The governing body. That site would be pants of the galleries will be in order. time of the gentlewoman from Nevada limited to the County of Monroe or to Mr. CONYERS. I’m pleased now, Mr. has expired. the City of Romulus or to the City of Speaker, to recognize the chairperson Mr. CONYERS. I yield the gentlelady Flint. of the Congressional Black Caucus, 15 more seconds. Finally, as has been spoken before, CAROLYN CHEEKS KILPATRICK from Ms. BERKLEY. This, remember, is only Congress has the legal authority Michigan, and I would yield her 11⁄2 based on a suspect land claim that has to extinguish the land claims of Indian minutes and would ask the ranking already been thrown out of the State tribes, and it has done so on several oc- member of the Judiciary to do the and Federal courts so that they can casions, and that is why this bill is be- same. open up a casino hundreds of miles fore us today. And that law dates back Mr. KING of Iowa. I’m happy to yield from their ancestral lands and in direct to the first Congress of the United 1 minute to the gentlelady from Michi- competition with existing facilities. States. gan. I urge a ‘‘no’’ vote on this very bad To summarize, two Governors of Ms. KILPATRICK. Mr. Speaker, I piece of legislation. Michigan have signed compacts with thank the chairman for yielding, as Mr. KING of Iowa. Mr. Speaker, I re- these two tribes to accomplish this. well as the gentleman from Iowa for serve. The three cities that would be affected yielding me my time. Mr. RAHALL. Mr. Speaker, would have voted to welcome these tribes, This is about the law. This is about you tell us how much time is left for and the three Members of Congress rep- the law. This is about Michigan’s law. all Members. resenting those cities are strongly in In 1993, after 20 years of trying, the

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6050 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Michigan legislature—I, a member at land claims, are actually very simple. These approved a ballot initiative that would restrict that time, and others—passed a law bills set a dangerous precedent for Congress; the expansion of gaming in the State of Michi- that, after many referendums in the they contravene Michigan State law; they are gan. This referendum would require local and City of Detroit, a referenda would be very controversial among the tribes in Michi- statewide approvals for any private expansion held throughout the State of Michigan gan and throughout Indian Country; it is not of gaming in Michigan. that said who could have casinos. We clear that these land swaps are valid; and fi- The people and the elected officials of were allowed that after 20 years of nally, Congress has not had a comprehensive Michigan already have a solution to this mat- working on that. review of the Indian Gaming Regulatory Act, ter—the ballot box. There is nothing in the ref- In 1994, back to the people of the IGRA, in nearly two decades. Furthermore, it erendum that would prevent the two tribes and State of Michigan, there was a is important to note that these land claims their non-Indian developers from initiating a referenda that said if you are to have a have never been validated by the U.S. Gov- statewide referendum to get casinos in Port casino you must come back to the peo- ernment or any court of law. In fact, the courts Huron and in Romulus. In fact, both of those ple. This law circumvents that. There have ruled against the Bay Mills Tribe on their cities have already passed local referendums. are 18 Native American tribes in Michi- claim on two separate occasions. But the tribes and their developers decided to gan. All but two who are getting this The people of Michigan have spoken at the short-circuit the vote of the Michigan people casino deal do not support this legisla- ballot box about gaming expansion in our and come to Congress to get a casino on a tion, mainly because, in the Michigan State. In 1994, they voted to allow three casi- proposed land claim that is located near the compact, Native Americans share in nos in the city of Detroit. In 2004, the people tribes’ reservation lands in the upper peninsula the net profits. This bill would not voted to limit any more expansion of gaming of Michigan. allow the other 16 tribes to share in the unless there was a statewide referendum. In I am aware that the Governor of Michigan profits, thereby putting their own res- addition, the Michigan Gaming Compact spe- has sent the House Natural Resources Com- ervation casinos in jeopardy, while at cifically prohibits off-reservation gaming unless mittee a letter supporting these bills. You the same time rewarding 2 and not the all of the tribes in Michigan agree to a rev- should know that there is no legal basis for other 16 sharing the profits. enue-sharing plan. These two bills are simply the State to support these agreements be- There’s a way to fix this. Go back to an attempt to circumvent both the will of the cause, in fact, the State has already won this the ballot box, which is what the people of Michigan and the compact the case in the Michigan Court of Claims and the Michigan law says. Let the people of Michigan State Legislature has made with the Bay Mills Tribe appealed it all the way to the Michigan speak on this. Casinos are tribes in Michigan. U.S. Supreme Court. The Supreme Court sub- regulated by States, as IGRA gives Instead, these bills would have Congress sequently declined to hear the case. them that authority, not by the Fed- mandate not one, but two off-site reservation The Governor ignored the fact that the city eral Government. casinos located over 350 miles away from the of Detroit will be the main victim of the State’s Much has already been said, and I reservations of these tribes. Moreover, the dis- largess in these casino deals. The city of De- will tell you who opposes this: The Bu- puted land is located near the two tribes res- troit will lose hundreds of millions of dollars as reau of Indian Affairs, the U.S. Depart- ervations in the Upper Peninsula but yet the a result of the competition of these new casi- ment of Interior, the National Indian land they want for a ‘‘settlement’’ is located nos and that will cause irreparable harm. Gaming Association, UNITE HERE, 350 miles away near the city of Detroit. If Harm to whom? Harm to the current investors these bills were to become law, what would AFSCME, NAACP. We can fix this, but of the casinos in the city of Detroit, who have prevent other tribes from seeking a land claim go through what everybody else went invested more than $1.5 billion in the con- anywhere in the United States for off-site res- through to get gaming and casinos in struction of the three casinos in the city of De- ervation gaming? Is this the real intent of the their community. troit. Harm to the thousands of jobs that have The Native Americans asked for it. Indian Gaming Regulatory Act? It is indeed ironic that in the 109th Con- been created and the tax revenue that those Over 60 tribes across this country op- gress, the House Resources Committee, on a jobs generate for the city of Detroit and the pose this legislation. Why must we cir- bipartisan basis, passed legislation by an State of Michigan. Ultimately, this will harm cumvent them and come here? It’s not overwhelming margin to restrict off-site res- the State. When compared to their private about competition, as Americans love ervation gaming. Yet today, it now seeks to counterparts, Native American gaming sites, competition, and we support that. Go expand Native American gaming in an unprec- because they are sovereign nations and must through the process. Respect the law. edented manner. share their revenue with other Native Amer- Native American tribes deserve bet- Congress passed the Indian Gaming Regu- ican tribes, do not bring in the tax revenue of ter, and we want to see that happen. latory Act in 1988 that allows tribes to conduct private investors. Mr. Speaker, thank you for your kind consid- gaming on lands acquired before October 17, In the end, these two tribes are seeking to eration and care when, in December of 2007, 1988. In 1993, former Governor John Engler do an end-run around two statewide referen- you agreed with me that both of these bills negotiated a gaming compact with the seven dums and the Michigan Gaming Compact of should not be brought to the floor without federally-recognized tribes in Michigan, includ- 1993. Rarely have voters in any State in this being considered under regular order. The ing the Bay Mills and Sault Ste. Marie Tribes. country spoken so clearly on gaming issues. House Natural Resources Committee and the In order to prevent a proliferation of Indian In light of all of this, it would be a travesty for House Judiciary Committee both had hearings gaming across the State, a provision was Congress to mandate two off-site reservation on these bills, and while the Natural Re- added to the compact that required any rev- gaming casinos that would have such a nega- sources Committee reported the bill favorably enue generated by off-reservation gaining be tive impact on the people in Michigan. by a 21 to 5 vote, the House Judiciary Com- shared among the tribes who signed the com- But, for the moment, let us ignore the im- mittee reported the bill unfavorably by a zero pact. This provision has worked well for over pact that these bills will have on the city of to 29 vote. Since that vote, both of these bills 15 years. The two bills before Congress today Detroit. Let us ignore the precedent that these are opposed by 16 of the 18 tribes that are in would simply nullify this critically important bills will set, allowing any Native American the State of Michigan; and opposed by over provision of the Michigan Gaming Compact. tribe to claim any piece of land hundreds of 60 Native American tribes across the country; Both of these bills would allow the tribes to; miles away, as their native tribal land. Let us by both Michigan’s AFSCME and the NAACP; (1) settle a land claim that has never been ignore the fact that IGRA has not been reau- and finally, the U.S. Department of Interior not validated and is located near their reservations thorized in more than two decades, and clear- only opposes the bills but questions the valid- in the Upper Peninsula of Michigan and (2) ly needs to be revisited and revised by Con- ity of the land claim that they purport to for- acquire lands 350 miles from their reservation gress. What I cannot ignore is the strong pos- ward. to build casinos. Furthermore, these bills actu- sibility that the very integrity of Congress is in In essence, both of these bills will allow two ally include gaming compacts in them that jeopardy. Native American tribes located in Michigan’s were never approved by the Michigan State On October 10, 2002, in testimony before Upper Peninsula to build casinos 350 miles Legislature who has approved every other the Senate Committee on Indian Affairs, the from their reservations and near the city of gaming compact. It is important to note that chairman of the Sault Ste. Marie Tribe, Ber- Detroit and in Port Huron, Michigan. I vehe- Congress has never passed a gaming com- nard Boushor, said ‘‘the Bay Mills case was a mently oppose both of these bills. pact in the history of Indian gaming. IGRA scam from the start.’’ In testimony and infor- My reasons for opposing these bills, which specifically grants that authority to the States. mation provided to the House Natural Re- will allow land to be taken into trust for gam- In 2004, the voters of Michigan spoke again sources Committee in February of this year, bling purposes for the settlement of proposed in a statewide referendum and overwhelmingly Saginaw Chippewa Chief Fred Cantu cited

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6051 Chairman Boushor’s testimony, stating that the Let me state for the record, once again, that the tribe purchases land and then the original lawsuit on the land claim was a collu- I am not opposed to more gaming in the State Secretary lets them go down there and sive lawsuit. of Michigan. I am also not opposed to off-site gamble. This is not so. As mentioned, The proponents of this legislation have re- reservation gaming. I have been opposed, am it fully complies with the requirements peatedly stated that these bills are simply to currently opposed, and will always be opposed of the Indian gambling law. address the aggrieved landowners in Charlotte to any measure, any bill, any regulation that The land was not selected by the In- Beach. But according to the Sault Ste. Marie says that the will of the people does not mat- dians. It was selected by the Governor Tribe ‘‘the Charlotte Beach claim did not origi- ter. The will of the people is tantamount. It is of the State of Michigan, John Engler, nate with Bay Mills. It was a product of a De- my hope that the wisdom of Congress prevails and it was ratified by the Michigan leg- troit area attorney who developed it specifi- and that the voice of the people matters in re- islature and by our current Governor, cally as a vehicle to obtain an IGRA casino jecting these bills on the floor today. with a change in the law. . . . the goal was never to recover the Char- Mr. RAHALL. I reserve the balance The votes of the people of the com- lotte Beach lands.’’ of my time, Mr. Speaker. munities have supported the fact that How was this originally a collusive lawsuit? Mr. YOUNG of Alaska. I reserve. if gambling is to occur in these com- The Bay Mills Tribe sued Mr. James Hadley Mr. CONYERS. I’ve got to reserve. munities it will occur. The people of on October 18, 1996 who entered into a set- I’ve only got 1 minute left, Chairman the State of Michigan, the people of tlement in which he gave land to the Bay Mills RAHALL. the cities involved have come out and Tribe 300 miles from their reservation to build Mr. RAHALL. Mr. Speaker, I’ll be have said they want this to take place. a casino in Auburn Hills, Michigan. That plan glad to yield to the distinguished dean Let us give justice to the Indians. was rejected by the Department of the Interior. of the House of Representatives—the The bill does not, I repeat, violate the The point is that Mr. Hadley was not an ag- gentleman from Michigan, a dear will of the people of the State of Michi- grieved landowner, he was an active partici- friend to all of us regardless of our po- gan. pant in what the Sault Tribe described as ‘‘a sition on this issue—Chairman JOHN And the legislation is going to bring collusive lawsuit’’ and ‘‘a scam.’’ DINGELL, 5 minutes. desperately needed jobs to southeast (Mr. DINGELL asked and was given I strongly encourage all of you to read the Michigan, some 4,000 in my district, permission to revise and extend his re- testimony of the former Sault Ste. Marie chair- some 1,000 in that of the distinguished marks.) man before the Senate Committee on Indian gentlewoman from Michigan (Mrs. MIL- Affairs, the testimony of the Saginaw Chip- Mr. DINGELL. I want to commend and thank my good friend from West LER). It is supported by unions that be- pewa Chief Fred Cantu, and review the docu- lieve that this will bring good union ments Chief Cantu provided to the Committee, Virginia and my good friend from Alas- ka for their gracious kindness in this jobs to Michigan and that it will help which was provided to the House Natural Re- the Indians. sources Committee at its hearing in February matter. This is a cry for justice from Indians As repeated, there are two groups and to the House Judiciary Committee at its who have had their land unjustly and here who oppose this legislation. One subsequent hearing. group is of those who legitimately op- There is a way to save the integrity of Con- improperly taken from them. It is not a violation of Indian gambling law, and pose gambling. That’s a matter of con- gress. The Saginaw Chippewa Tribe has re- cern to them, and I respect their judg- quested that the U.S. Department of the Inte- this is the only place in which those In- dians can get justice. They asked for ment. The rest are those good-hearted rior investigate the land claims made by these folk who seek an unfair advantage. tribes, and determine whether they are valid justice. Now, you’ve just heard a lot of They want to protect and preserve claims, worthy of Federal resolution. It is my things, and there are a lot of people on their outrageous monopoly on gam- understanding that the Department of the Inte- this floor who are entitled to their own bling. That’s what’s at stake. That’s all rior is reviewing the validity of these land view, but they are not entitled to their that’s involved here; a bunch of good- claims. I would urge the Committee to wait own facts. hearted people are seeking special pref- until this investigation is complete until it What are the facts? Under Michigan erence for themselves. rushes into passing legislation that mandates law, this is legal. Here’s a copy of the A Member came over to me, and he off-reservation gaming. vote and the ballot that was put before talked about Abramoff. I remember Congress should not be in the business of the people of Michigan. It specifically Abramoff, a very unsavory individual, handing out off-site reservation gaming casi- excludes this kind of transaction, and and the interesting thing is that nos. It is my hope that the wisdom of Con- it says that it will ‘‘not apply to Indian Abramoff was hired at a high price to gress is the rejection of both of these bills for tribal gaming’’ and then goes on to say oppose the legislation we are dis- the following reasons: ‘‘or gambling in up to three casinos lo- cussing today. So, if you’re concerned These bills set a dangerous precedent for about voting with Jack Abramoff, Congress by approving a compact which is a cated in the City of Detroit.’’ It doesn’t apply. That’s hooey. don’t vote against the bill; vote for the State, not a Federal, responsibility; bill. The Abramoff vote is a ‘‘no’’ vote. They contravene Michigan State law; Now, let’s take a look. The claim is They are controversial among the Native legitimate. The land was stolen from The right vote is an ‘‘aye’’ vote. Vote to give justice to the Native American tribes in Michigan; indeed, nine out the Indians in an improper tax sale, American people. The citizens of the of Michigan’s 12 tribes oppose these bills; and until this matter is resolved, there The city of Detroit would lose thousands of will be no peace in the area. The Indi- communities in which these facilities jobs and hundreds of millions of dollars in the ans will be denied justice, and land ti- will be located legally, legitimately investments made by the three casinos cur- tles and land settlements in the north- and properly are, in my district, in one rently operating in Detroit; ern part of Michigan will be clouded for city, 100 percent African American and, The Bureau of Indian Affairs has already re- years to come. in the other, 50 percent African Amer- jected a similar application for gaming in Rom- This came out of the committee 22–5. ican. There is no racial question here. ulus, Michigan; It has been heard many times. If you are looking to do racial justice, These bills would involve the removal of val- Now, the legislation follows—it does support the legislation. Take care of uable land from the tax rolls of the State of not set—congressional precedent in the Native Americans, and take care of Michigan, resulting in the potential loss of dealing with Indian land claim settle- the African Americans who will benefit even more revenue; ments. In fact, the Congress, as men- from these jobs. It is uncertain that these land swaps are le- tioned by the gentleman from Michi- I urge my colleagues to support the gitimate, possibly jeopardizing the integrity of gan, has the sole power to extinguish legislation. the U.S. Congress; land claims, since the very first of the Mr. KING of Iowa. Mr. Speaker, I’d The Committee should allow the Depart- Congress, and it follows precedents set be happy to yield 2 minutes to the gen- ment of the Interior the time to do their due by Torres Martinez, the Timbisha Sho- tleman from Pennsylvania (Mr. DENT). diligence to determine if these are valid land shone, the Mohegan Tribe, the Seneca (Mr. DENT asked and was given per- claims; and Nation of New York, and the mission to revise and extend his re- Congress needs to revisit, revise and reau- Mashantucket Pequot Tribe in 1983. marks.) thorize the IGRA, which has not had a com- This is drastically different than off- Mr. DENT. Mr. Speaker, I rise today prehensive review in nearly two decades. reservation gambling. In that scenario, in opposition to this legislation, H.R.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6052 CONGRESSIONAL RECORD — HOUSE June 25, 2008 2176, which consolidates two bills that Much has been said about this legis- pressed through a local referendum and promote off-reservation tribal gam- lation, my legislation. I want to thank through unanimous resolutions by the bling. Chairman RAHALL and Mr. YOUNG for cities and counties, and it has an exist- Why is a guy from Pennsylvania their leadership in helping me correct ing gaming market on the Canadian talking about this issue today? Well, a grave injustice, not just for the Na- side of the border where U.S. dollars this bill sends a signal that reservation tive Americans, but also for the non- are being spent. shopping, under the Indian Gaming Native Americans, my constituents. Our legislation follows, rather than Regulatory Act, IGRA, is okay. Well, I encourage my colleagues to support sets, congressional precedent for set- it’s not okay, and it is out of control. this bill, H.R. 2176, which is a common- tling land claim disputes. Congress has The bill before us today would create sense fix of a very serious matter. The passed over a dozen settlement acts on Indian governmental entities, tribal bill would provide for the settlement of which replacement lands are eligible casinos, on lands that are more than certain land claims of the Bay Mills In- for gaming, including two that specifi- 300 miles from the homelands of these dian Community and of the Sault Ste. cally state that the land is eligible for tribes. Creating a far-flung string of ca- Marie Tribe in Michigan. gaming, most recently that of the sinos on lands with no connection to I have been working on this problem Torres Martinez Tribe of California and the tribe’s heritage was not the intent for over 10 years, and I first introduced that of the Timbisha Shoshone Tribe, of IGRA. legislation in 1999 in an effort to re- in 2000. Establishing these off-reservation ca- solve this issue. I became involved in Our legislation does not violate the sinos has absolutely nothing to do with this land claim dispute at the request wishes of Michigan voters. Opponents the preservation of Indian culture. It is of the property owners at Charlotte have attempted to confuse Members about money, pure and simple. Twenty Beach, not of the Native American about the wishes of Michigan voters on years ago, before IGRA, there were no tribes. Tribal claims to the land have this issue by citing passage of the 2004 tribal casinos in this country. Now created a cloud on their title, owned by referendum, which seeks to limit the there are more than 400, and tribal my constituents in Charlotte Beach. expansion of private gaming in our gambling is currently a $19 billion a As a result, local assessors have re- State. The actual wording of the ref- year business. duced the property values of the Char- erendum states, ‘‘A voter approval re- That is precisely the reason why I in- lotte Beach land owners by 90 percent quirement does not apply to Indian troduced H.R. 2562, the Limitation of because of the valid clouded title cre- tribal gaming.’’ Tribal Gambling to Existing Tribal ated by the Indian land claim dispute. The SPEAKER pro tempore. The Lands Act of 2007, which would pre- The tribes’ claim to the land in ques- time of the gentleman has expired. clude new casino development on lands tion dates back to 1855, when the U.S. Mr. RAHALL. Mr. Speaker, I yield that are taken into trust as part of a Government signed the Treaty of De- the gentleman 15 seconds. settlement of a land claim. That bill troit, deeding the land to the tribes. Mr. YOUNG of Alaska. Mr. Speaker, I was inspired by efforts of a tribe, lo- However, the land was later sold to will yield the gentleman 15 seconds, cated more than 900 miles from Penn- non-native land speculators without too. sylvania, to force homeowners and the Native Americans’ consent, eventu- The SPEAKER pro tempore. The gen- business owners in my district off their ally resulting in an eviction of the trib- tleman from Alaska also recognizes the properties, just so yet another tribal al members. gentleman from Michigan for 15 sec- casino could be built, all based on a In order to finally resolve this land onds, so the gentleman from Michigan 1737 land conveyance, all designed to claim dispute, a settlement agreement is now recognized for a total of 30 sec- displace 25 homeowners, a crayon fac- was reached in 2002 between former onds, of which none have been yet ex- tory—Crayola crayon, we all know the Governor John Engler and the tribes. hausted. product—and many other businesses. The settlement agreement has been re- Mr. STUPAK. So the actual wording And, with respect to the Abramoff affirmed by Michigan’s current Gov- of the referendum states, ‘‘A voter ap- comments that I have heard, I’ll be the ernor, Governor Jennifer Granholm. proval requirement does not apply to first to acknowledge that, as to Mr. After years of extensive negotiations Indiana tribal gaming.’’ Abramoff’s actions, he did take advan- between the parties, this bill rep- By passing H.R. 2176, Congress will tage of the tribes, but it was the tribal resents a straightforward solution to bring about a final resolution to this gambling issue that was the source of this localized problem in my district. land claim dispute that has been going the corruption. In order to implement this agree- on for more than 100 years. Without And I think the proper vote is a ‘‘no’’ ment, Congress must approve the nego- congressional approval, the land ex- vote on this legislation. tiated land settlement. Unfortunately, change cannot be completed, and the Again, for those of us who have had incumbent casino gaming interests are residents of Charlotte Beach, my con- to deal with these off-reservation shop- opposed to this commonsense solution, stituents, will continue to face clouded ping issues, it’s very painful for the and they have circulated misleading land titles and economic hardships. homeowners, as much as when the Su- information in an attempt to derail I urge my colleagues on both sides of preme Court went along. Defeat the this legislation. So let me take the op- the aisle to ignore the rhetoric from bill. portunity to set the record straight on those attempting to protect casinos. Mr. RAHALL. May I have the time my legislation. Support this land claim settlement. that is left? First, this bill has nothing to do with Support H.R. 2176. The SPEAKER pro tempore. The gen- ‘‘off-reservation gaming acquisitions.’’ Mr. YOUNG of Alaska. Mr. Speaker, I tleman from West Virginia has 7 min- It is a land claim settlement. Off-res- reserve the balance of my time. utes remaining. The gentleman from ervation gaming occurs when a tribe Mr. CONYERS. Mr. Speaker, I re- Alaska has 13. The gentleman from purchases private land and petitions serve the balance of my time. Michigan has 11⁄2 minutes, and the gen- the Secretary of Interior to place the Mr. KING of Iowa. Mr. Speaker, I tleman from Iowa has 51⁄2 minutes re- land into trust for gaming purposes. yield myself so much time as I may maining. This legislation ratifies a land claim consume. Mr. RAHALL. Mr. Speaker, I yield 4 settlement negotiated by the State of Mr. Speaker, I’m listening with great minutes to a dear colleague of ours Michigan. This was done under the au- interest to this debate that we have from Michigan as well, to a gentleman thority granted in IGRA’s land claim here on this floor, and it’s interesting who has been very tenacious for many, exception clause. the unique way that the Michigan dele- many years in seeing this bill to its Second. In regards to the argument gation doesn’t agree on this. fruition, the gentleman from Michigan against the location of these lands, the As I’ve listened to the presentation (Mr. STUPAK). selected lands were chosen by Governor made by the gentleman, Mr. DINGELL, John Engler in consultation with local and to the intensity with which he b 1500 communities, not with the tribes. The speaks, certainly, I’ve listened to the Mr. STUPAK. I thank the gentleman sites were selected for economic devel- argument, but I’ll say this: The situa- for yielding. opment. Local support had been ex- tion with this legislation is that the

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6053 land in question becomes part of the now would be resolved if this legisla- I would note that much of the opposi- reservation, and when it becomes part tion passes, ‘‘any and all claims, tion to this bill comes from Members of the reservation, we all know it’s whether based on aboriginal or recog- of Congress who already have gaming going to be turned into a gaming ca- nized title, are hereby extinguished.’’ in their districts, districts like Las sino. So to argue that this only settles That’s what this legislation does. Vegas or like the city of Detroit, and a land claim—the courts had their op- Then it says also ‘‘these are unique that their opposition is not based on portunity to settle the land claim, both claims and shall not be considered ideology but on, rather, their not want- the State court of Michigan and the precedent.’’ We know, again, that ev- ing any honest competition. I reject U.S. Federal court, and that’s why erything that happens in this Congress this on its face because I believe in the we’re here. sets a precedent and creates an idea free market, and I believe in free mar- The people who are pressing this and an avenue. ket principles. claim on the floor of this Congress I’m faced with a situation that, I Some have said that this is stuffing a didn’t get the resolution that they had think, could be multiplied in its dif- tribal land claim down the throat of a asked for. They weren’t able to prevail ficulty because of the actions this Con- community that doesn’t welcome it. in court, so now they come to Congress gress may take today, Mr. Speaker. Actually, the opposite is true. This leg- and say, set a precedent so that we can, Perhaps I’ll take that up in my closing islation is supported by every elected essentially, confer this land title on remarks. official who represents the city of Port the Native Americans. When they take Mr. Speaker, at this point, I’ll re- Huron in any capacity and at any level that title, it comes in trust. The Gov- serve the balance of my time. of government. As has been mentioned, ernor then takes the land in trust, but Mr. RAHALL. Mr. Speaker, who has there is the former Governor, John as soon as it goes in trust, it says that the right to close? Engler; the current Governor, Jennifer any and all claims are hereby extin- The SPEAKER pro tempore. The gen- Granholm; both United States Sen- guished to that land. So we’re abro- tleman from West Virginia has the ators; myself, as a Member in the U.S. gating decisions made by the Federal right to close. House here; the State senator; the court here and by the State court. Mr. RAHALL. Mr. Speaker, I reserve State representatives; the county com- Mr. STUPAK. Would the gentleman the balance of my time. missioners, and the entire city council. yield on that point? Mr. YOUNG of Alaska. At this time, Additionally, it has the support of Mr. KING of Iowa. I would yield I yield 8 minutes to the good lady of civic groups, of business groups like briefly. the district that’s represented, not the Chamber of Commerce, of edu- Mr. STUPAK. On the Federal claim from California, not from any other cational leaders, and of labor unions brought forth by Bay Mills, the Sault area such as Nevada and California, like the UAW. again, that oppose this legislation. She tribe was not part of that action, and For those who might be concerned represents this area, and we ought to the Federal court said, your cousins— about what law enforcement thinks, we listen to her as to why she is for this the Chippewas of the Sault Ste. Marie have letters here of support from the bill. Tribe—must be joined. Go back and get county sheriff, from the county pros- Mrs. MILLER of Michigan. I thank joined and come back later. In the ecutor and from all of the police chiefs. the gentleman, my distinguished col- meantime, they started negotiations in Most importantly, it has the support of league from Alaska, for yielding and the State court. The State court said, the citizens of the city, as evidenced by for his complimentary remarks. you have a valid land claim, but we a citywide referendum vote in support. cannot give you economic damages be- Mr. Speaker, this issue has been The opponents of this legislation cause the 6-year statute of limitations waiting for a congressional vote for have said, first of all, that they don’t has run. This claim should have been many, many years but not for as long want any competition. Therefore, they brought 100 years ago. as our Nation’s history of sometimes hope this bill will die. They have said, So that’s the injustice we’re trying mistreating Native Americans. even though their communities and to correct; they could not be given This case settles a land claim from their districts have economic develop- money damages because more than 6 over 100 years ago, at a time when our ment, they need to protect that and years had lapsed. The statute of limita- country treated Native Americans ter- that the citizens—the good Americans tions had run. ribly and at a time when the State of of a community like mine—cannot Mr. KING of Iowa. Reclaiming my Michigan, as has been said, literally have fairness or economic opportunity. time, though, did not the two tribes stole this land from the Indians. then join together and go back to Fed- Throughout the decades that fol- Mr. Speaker, this is un-American, eral court? lowed, Native Americans sought jus- and I would hope that my fair-minded Mr. STUPAK. No. tice. Finally, former Michigan Gov- colleagues would reject that out of Mr. KING of Iowa. I would yield to ernor John Engler negotiated a settle- hand. the gentleman if he could tell me why ment that was agreed to by everyone The opponents of this have also stat- not. involved. Let me just read briefly a ed several outright untruths about this Mr. STUPAK. Because they began section from his letter. bill. They say that this bill will set a the negotiation under IGRA, as re- ‘‘As Governor of Michigan, it was my precedent, and that is false. In fact, in quired under section 20, to begin a ne- duty to negotiate the land settlement section 3(b) of this bill, it states the gotiation with the Governor, and they agreements between the State of following: ‘‘The provisions contained in had to make a settlement with the Michigan and Bay Mills and the Sault the Settlement of Land Claim are Governor, who can do it. So, instead of Tribe in 2002 . . . I am proud that every unique and shall not be considered going back to court, they used the leg- concerned party involved in this settle- precedent for any future agreement be- islature and the Governor’s office to ment supports this agreement. This is tween any tribe and State.’’ work out a settlement to avoid further a true example of a State and the The opponents also say that this bill litigation. tribes promoting cooperation rather will allow for off-reservation gaming. Mr. KING of Iowa. Reclaiming my than conflict.’’ This is also false. In fact, section 2(a)(2) time, I thank the gentleman. I think This land claim settlement is unique of the bill states the following: ‘‘The that does add clarity to this debate. to Michigan, and it does not impact alternative lands shall become part of The option to go to the Governor and any other congressional district other the community’s reservation imme- to the legislature and the option of the than the three congressional districts diately upon attaining trust status.’’ other things we’ve heard about was of the people who are supporting it In fact, this site was not reservation better than going back to court under here who have spoken today, as have shopping, as Mr. STUPAK has pointed those circumstances. been mentioned. That is myself, Mr. out. It was specifically chosen because Mr. STUPAK. I thank the gentleman STUPAK, and Mr. DINGELL. I would it is the only community with an inter- for his courtesy. point out that, in a time of hyper par- national border crossing where there is Mr. KING of Iowa. In any case, this tisanship, this is a wonderful example, already casino gaming on one side and legislation simply says that any claims I believe, of bipartisanship. not on the U.S. side.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6054 CONGRESSIONAL RECORD — HOUSE June 25, 2008 They have also said that this legisla- leagues to vote ‘‘yes’’; ‘‘yes’’ for pri- Mr. CLAY. I thank the chairman tion violates the process under the Na- vate property rights, ‘‘yes’’ for the from West Virginia for yielding. tional Environmental Policy Act, also rights of States to negotiate in good Mr. Speaker, I rise today in strong known as NEPA. Yet the legislation faith and for the good of their State, support of H.R. 2176, legislation that makes it very, very clear that the land and ‘‘yes’’ for Americans to have fair- would ratify a longstanding tribal land cannot be taken into trust until it is ness and opportunity to compete with claim in the State of Michigan. determined that the land complies with our wonderful Canadian neighbors for The Bay Mills Indian community and NEPA. jobs in a community where the jobs are the Sault Ste. Marie Tribe have worked They also say that this bill would desperately needed. for over a decade to achieve an agree- violate the will of the people of Michi- And I would just close on a note: I ment with the State of Michigan that gan because of a referendum that was have heard that there is a number of would reinstate land rights that these passed in 2004, which required state- family values-type groups who are op- tribes lost shortly after signing a trea- wide voter approval for any expansion posed to this. Let me just show you an ty with the Federal Government in the of gaming. This is completely false. As example of a recent mailing ostensibly 1850s. a former Secretary of State, I know a from a group called Michigan Family In an effort to achieve justice for little bit about ballot language, and Alert. these tribes, who have sought to re- this is what the ballot language actu- The SPEAKER pro tempore. The gen- claim their lands for over 100 years and ally says: ‘‘Specify that voter approval tlewoman’s time has expired. to protect the homes of over 100 fami- Mr. YOUNG of Alaska. Mr. Speaker, I requirement does not apply to Indian lies who currently reside on the dis- yield an additional 30 seconds to the tribal gaming,’’ which is exactly what puted land in Charlotte Beach, the this bill does. gentlewoman. Mrs. MILLER of Michigan. This is a State of Michigan negotiated a land- I would offer as proof of this that, swap settlement. That agreement since the referendum passed in Michi- so-called Michigan Family Alert, and, of course, it’s saying that they are op- would give the Bay Mills Indian com- gan, several tribal casinos that are op- munity 20 acres of land in Port Huron erated by some of the richest tribal op- posed to these casinos, and, if you’re a family values person, you had better to and give the Sault Tribe up to 40 acres ponents of this bill have actually in Romulus or Flint. Under Federal opened facilities. Now, apparently, be opposed too. And yet from Business Week what they have said is: ‘‘As it law, the new lands provided to the they didn’t violate the will of the vot- tribes would be eligible for gambling ers as long as they could make money. turns out, Gambling Watch is a tiny operation financed by MGM Mirage, casinos, just as the Charlotte Beach Yet they want to stop our commu- land would be eligible. The purpose of nities, again, from fair competition. I one of the world’s largest gaming com- panies, locked in a bitter dispute with the land claim agreement is to give al- would say please spare me the right- two Native American Indian tribes ternative land that has the same prop- eous indignation. erty rights as the land that was stolen Mr. Speaker, it is no secret that my that hope to open casinos in Michigan. from these tribes. beautiful State of Michigan, that our The Las Vegas company inaugurated a new $800 million casino in downtown Mr. Speaker, two Governors from the beautiful State of Michigan, is suf- State of Michigan and those Members fering terrible, terrible economic chal- Detroit in October and is not in the of Congress whose districts are most lenges. We have the highest unemploy- mood for any competition.’’ And I close on that note. affected have all endorsed the land- ment in the Nation. We have the lowest Mr. CONYERS. Mr. Speaker, I re- swap agreement that would give these personal income growth in the Nation. serve the balance of my time. tribes new lands in exchange for the 110 We have the highest foreclosure rate in Mr. KING of Iowa. Mr. Speaker, I acres of land they lost in the 19th cen- the Nation. We have the largest exodus would be pleased to yield 45 seconds to tury. of our young people. Our population is the gentleman from California (Mr. There is no authentic argument moving to other States to seek eco- ISSA). against this bill. The legislation before nomic opportunity. Mr. CONYERS. Mr. Speaker, I yield us does not expand gaming, as some op- The city of Port Huron, that I rep- the gentleman 15 additional seconds. resent, actually has one of the highest ponents have erroneously charged. This (Mr. ISSA asked and was given per- legislation simply restores justice to unemployment rates, not only in the mission to revise and extend his re- Native Americans in the State of State but in the entire Nation. marks.) Michigan and provides these Indians b 1515 Mr. ISSA. Mr. Speaker, I thank you all for this moment and this minute. there an opportunity to raise badly By the best estimates right now, it’s I represent a great many tribes in needed revenues. anywhere from 14 to 16 percent. Some California, none of whom will be ad- I urge adoption of the bill. have said it could be even higher. And versely affected if this casino goes in or PARLIAMENTARY INQUIRY yet we try to pay our taxes. We edu- doesn’t go in. I come to the floor as a Mr. YOUNG of Alaska. Mr. Speaker, cate our children. We always legiti- supporter of tribal and historic rights parliamentary inquiry. mately think of ourselves as patriotic and their gaming rights. I have abso- The SPEAKER pro tempore. The gen- Americans. We are proud, and we have lute support for Native Americans hav- tleman from Alaska will state his par- never asked for a handout, and today ing gaming on their tribal lands. I also liamentary inquiry. we are only asking for Congress to rat- have absolute support for private prop- Mr. YOUNG of Alaska. How much ify the compacts of our Governors so erty. As the gentlewoman from Michi- time is left totally, Mr. Speaker? How that we can help ourselves. gan would like to have private prop- much time does the Judiciary have, the For those who think that a vote erty respected, then the State of Michi- majority and minority? today against this bill will stop gaming gan can license a casino on that site to The SPEAKER pro tempore. The gen- in this community, let me just point anyone they want, including those In- tleman from West Virginia has 3⁄4 of 1 out this photo here behind me, which is dians on lands that are not in trust. minute remaining; the gentleman from of a Canadian casino, which is about We, as Federal officers, are being Alaska has 41⁄4 minutes remaining; the 282 yards away. Now, a good golfer, not asked to put land in trust for purposes gentleman from Michigan has 11⁄4 min- me, but a good golfer could hit this Ca- of a casino which has no historic link utes remaining; and the gentleman nadian casino. It’s right across the St. to the tribes receiving it. We should in- from Iowa has 11⁄4 minutes remaining. Clair River, a short trip over the Blue sist that tribal land be given appro- Mr. YOUNG of Alaska. Parliamen- Water Bridge, and about 80 percent of priately in Michigan as close to as pos- tary inquiry. all of their revenues comes from Amer- sible their historic land or in areas The SPEAKER pro tempore. The gen- ican citizens. Mr. Speaker, I would say that are for some purpose other than tleman from Alaska will state his par- that those dollars should be spent in an manipulating and distorting the intent liamentary inquiry. American facility to help Americans of our laws to create a casino. Mr. YOUNG of Alaska. Who has the get jobs. Mr. RAHALL. Mr. Speaker, I yield 2 right to close? This bill is all about fairness and op- minutes to the distinguished gen- The SPEAKER pro tempore. The gen- portunity, and I would urge my col- tleman from Missouri (Mr. CLAY). tleman from West Virginia.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6055 Mr. YOUNG of Alaska. Mr. Speaker, I Mr. KING of Iowa. Mr. Speaker, I So, please, vote ‘‘no.’’ yield the gentleman, not for closing, yield myself the balance of my time. b 1530 but I will yield him 2 minutes of my Mr. Speaker, this is an interesting time. debate, and some things come to mind Mr. RAHALL. Mr. Speaker, as we The SPEAKER pro tempore. The gen- that I don’t believe have been ade- conclude this debate, I would like to take this opportunity to implore the tleman from West Virginia now has 23⁄4 quately answered. I’m going to ask the minutes. question and hope that someone an- other body to act upon the Lumbee and Mr. RAHALL. Mr. Speaker, I plan to swers it with the time they have left the Virginia Tribe bills that this body close with that time; so I reserve the rather than asking me to yield them had sent over for its consideration last balance of my time. time. year. The magnitude of injustice that The SPEAKER pro tempore. Without What is the claim the two tribes have has befallen these Indian people is al- objection, the gentleman from West on this land and the distinction be- most beyond comprehension. To the matter at hand. One hundred Virginia will control 23⁄4 minutes. tween it and all the rest of the State of There was no objection. Michigan? I think that’s a good ques- fifty-three years ago, ladies and gentle- Mr. YOUNG of Alaska. Mr. Speaker, tion. men, that is when these tribes were with my remaining time, I hope every- When I look at this situation, I apply robbed of their land. The historic body recognizes again that what this is it to the district that I represent. And record shows they were swindled out of about is competition. That’s all it is. I have represented two reservations, their promised land. This has been In the meantime, there are two Native two tribes, and two gaming casinos for their version, their own version of the Trail of Tears. We must not continue tribes, American Indians, that have a the last 111⁄2 years. Now I have an out- right under IGRA to, in fact, have side tribe that has just been created to condone that. these lands that they negotiated with within the last generation that has We have a higher calling in this body. the Governors, the State legislature, come in and bought land within my This is a matter about rising above the the communities, and reached a deal; district in order to set up a health care petty differences, it’s about making yet this is the last body that has the clinic, and now the bait and switch restitution and making the tribes in- ability and the responsibility of set- takes place and it’s going to be a ca- volved whole, making the tribes in- tling disputes on lands owned by or not sino instead. They get some of their volved whole, and as well clearing title owned by American Natives. Not the problems cleared by this bill, 2176, if it to land where the good people of Char- courts, no one else. And that’s why we passes today because, regardless of lotte Beach reside. So I would say to those of my col- are here today. whether the bill says it’s a precedent, leagues with concerns over this meas- It does disturb me, when I see other it’s a precedent. If it’s not about ure, look into your souls. There, it is tribes that actually have the backing money, it’s about money, as we heard my hope, that you will find justice to of other institutions outside the State the chairman say. Where could a tribe this cause, to this land claim settle- of Michigan, the city of Detroit, that not establish a casino if they deter- ment. The pending legislation, I might oppose their brethren from achieving mine to do so? Any land that they add, is supported by the United Auto the same goals they did. I’m also dis- could buy for whatever purpose, wheth- Workers, the International Union of turbed because we have those that are er it was a bait and switch or whatever, Operating Engineers, and the Inter- non-Native that have their title in this opens up the door. As the gentle- question that will never, in fact, unless national Union of Machinists. woman from Las Vegas said, we could As I conclude, let me say again that we act, have that title cleared up. And end up with casinos everywhere. it is time we move on so that we can that’s our responsibility in this body. But we need to stand on some prin- address other issues of importance to There is justice, there should be jus- ciple, and I don’t see that the land is a Indian country, such as the Indian tice, for American Indians. And, by the consistent principle that can be de- Health Care Improvement Act, re- way, I believe I am the last one on that fended in this case, Mr. Speaker. I op- ported out of the Committee on Nat- committee that voted for the original pose 2176. I urge that it be defeated. ural Resources; self-governance issues; gaming legislation for American Na- Mr. CONYERS. Mr. Speaker, I yield other land and economic development tives. Chairman UDALL and I passed to the gentlewoman from Las Vegas 25 issues, such as with the Catawba in that legislation. I believe Mr. DINGELL seconds. South Carolina. probably voted for it, and maybe Mr. Ms. BERKLEY. I thank the gen- There are many other Indian tribes CONYERS voted for it at that time be- tleman for yielding. in Indian country around our country cause we thought there was an oppor- Mr. Speaker, I just want to end this that have many injustices yet to be ad- tunity there to improve the economic myth about competition. dressed by the Congress of the United base of the American Indian, and we How can anybody claim that the States. We have to look into our souls approved correctly. gaming casinos are afraid of competi- and decide that it is time to move Now, those that oppose gaming, I un- tion and the free market when the above these petty differences, to real- derstand that. I don’t gamble. That’s tribes are playing by a different set of ize that it is incumbent upon us in the not my thing. But I also will tell you I rules? Talk about unfair competition, Congress to address these issues when don’t disrespect those who do gamble. the Indians don’t pay taxes on their ca- others will not. sinos, and that’s why they are so suc- And as the gentlewoman from Michi- So I implore my colleagues to sup- cessful. So I don’t want to hear any gan (Mrs. MILLER) said, I could even hit port the pending legislation as well as nonsense about competition and fear of a golf ball across that river to that ending many other injustices to our competition. That’s a lie. gaming place in Canada, and I want first Americans, our native Indians. some of that Canadian money to come Mr. CONYERS. Mr. Speaker and I yield back the balance of my time. down to America instead of its going members of the committee, the only The SPEAKER pro tempore. All time from America to Canada. reason we are here today, and I admire for debate has expired. In the fairness of this bill, we should all of the devoted people to the cause of Pursuant to House Resolution 1298, vote ‘‘yes.’’ In fairness to the American our Native Americans, is that these the previous question is ordered on the Indians, we should vote ‘‘yes.’’ This two casinos are located not 5 miles or bill, as amended. legislation should become a reality. 10 miles away but 345 miles and 348 The question is on the engrossment The State of Michigan Senators sup- miles away. That’s why we are here. and third reading of the bill. port it. The Governors support it. The And by rationalizing that, guess what’s The bill was ordered to be engrossed legislature supports it. The commu- going to happen? We are going to have and read a third time, and was read the nities support it. The police officers the biggest casino forum shopping this third time. support it. And only those that oppose country has ever known because we MOTION TO RECOMMIT OFFERED BY MR. it have another interest. will have done it here listening to peo- HENSARLING I urge a ‘‘yes’’ vote. ple explain to me about Abramoff’s role Mr. HENSARLING. Mr. Speaker, I Mr. CONYERS. Mr. Speaker, I re- and how important this is, so compel- have a motion to recommit at the serve the balance of my time. ling. desk.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6056 CONGRESSIONAL RECORD — HOUSE June 25, 2008 The SPEAKER pro tempore. Is the health care issue. It has become an Mr. RAHALL. Mr. Speaker, certainly gentleman opposed to the bill? education issue. It is certainly a Native after listening to the gentleman’s dia- Mr. HENSARLING. Yes, Mr. Speaker, American issue. It is an economic tribe, or whatever it was he was talk- in its current form. growth issue as well. What has hap- ing about, it’s certainly not related to The SPEAKER pro tempore. The pened is we have seen that the Demo- the pending legislation. Never once did Clerk will report the motion to recom- crat majority simply wants to bring us I hear the word ‘‘Indian.’’ It’s a further mit. bills that somehow believe that if we example of the petty politics the mi- The Clerk read as follows: beg OPEC, we can bring down the price nority is trying to play with the seri- Mr. Hensarling of Texas moves to recom- of energy at the pump. Maybe if we sue ous problems confronting the American mit the bill H.R. 2176 to the Committee on OPEC, we can bring down the price of people. Natural Resources, with instructions to re- energy at the pump. Maybe if we some- I insist on my point of order, and I port the same back to the House forthwith, how berate oil companies, that will with the following amendment: raise a point of order that the motion cause prices to go down at the pump. At the end of the bill, insert the following: to recommit contains nongermane in- Maybe we should tax them. Well, they TITLE III—REPEAL OF ALTERNATIVE structions, in violation of clause 7 of will take those taxes and put it right FUEL PROCUREMENT REQUIREMENT rule XVI. The instructions in the mo- FOR FEDERAL AGENCIES back in their price. But what the Democrat majority tion to recommit address an unrelated SEC. 301. REPEAL OF ALTERNATIVE FUEL PRO- matter to the pending legislation. CUREMENT REQUIREMENT FOR hasn’t decided to do is to produce FEDERAL AGENCIES. American energy in America and bring The SPEAKER pro tempore. Does Section 526 of the Energy Independence down the cost of energy that way. Not any other Member wish to be heard on and Security Act of 2007 (Public Law 110–140; only have they decided not to do it, Mr. the point of order? 42 U.S.C. 17142) is repealed. Speaker, they are moving in the com- Mr. HENSARLING. Mr. Speaker, I Mr. RAHALL. Mr. Speaker, I reserve plete opposite direction with this sec- wish to be heard. a point of order. tion 526, which prevents the Federal Again, Mr. Speaker, I don’t know The SPEAKER pro tempore. The gen- Government from contracting in order tleman from West Virginia reserves a how, when you can have speaker after to spur the growth of these promising speaker come to the floor and say es- point of order. alternative fuel sources, like coal-to- The gentleman from Texas is recog- sentially this is a bill having to do liquid technology, like oil shale, like with the economic well-being of a dis- nized for 5 minutes. tar sands. They are moving in the com- Mr. HENSARLING. Thank you, Mr. tressed area of Michigan, the economic plete opposite direction. well-being of a Native American tribe, Speaker. Mr. Speaker, not unlike probably As I listened very carefully to this and not believe that somehow the cost yourself and many of my other col- debate, it is clear that the majority of of energy factors into the economic leagues on the floor on both sides of the speakers feel very passionately well-being. the aisle, we hear from our constitu- that this is a debate about economic ents. I have heard from a constituent We are talking also about a piece of development for the region, a dis- that says the high cost of energy now real estate. We are talking about the tressed region of Michigan. It’s about is preventing them from having three value of underlying minerals in this economic development for a Native meals a day. The high cost of energy piece of real estate that will be greatly American tribe. Someone would have has caused them to have their adult impacted on whether or not this sec- to be totally out of touch with their children to have to move back in with tion 526 is repealed or not. constituency not to realize that the them. Yet our Democrat majority will I would just simply ask the Speaker, number-one challenge to the economic not bring a bill to the floor that actu- when is it germane to bring a motion well-being of our citizens is the high ally produces American energy. to produce American energy in Amer- cost of energy. What Republicans want to do on this ica and bring down the high cost of en- So, Mr. Speaker, this motion to re- side of the aisle is, number one, con- ergy for the American people? If not commit is very simple. It removes a tinue to develop our renewable energy now, when, Mr. Speaker? When will the provision in last year’s ‘‘non-energy’’ resources. Mr. Speaker, before coming Democrat majority allow these mo- energy bill that would prevent the gov- to Congress I was an officer in a green tions to be voted on? ernment from using its purchasing energy company. Those technologies power to spur the growth of American The SPEAKER pro tempore. The are promising. But, Mr. Speaker, until Chair is prepared to rule. energy resources, such as coal-to-liq- they are technologically and economi- uids technology, oil shale, and tar cally viable will be years to come. In The bill, as amended, addresses set- sands. the meantime, people have to take tling certain land claims of two tribal This is especially important since we their children to school every day. Peo- communities in the State of Michigan. know that right north of the border, ple have to go to work every day. Many The instructions in the motion to re- right north of Michigan, that our have to go and see their physicians. commit address an entirely different neighbor to the north, Canada, is rich And so we need to bring down the subject matter; namely, alternative in these resources. Particularly, so cost of this energy now. We know that fuel procurement. Accordingly, the in- much of their energy and many of their we haven’t built a refinery in America structions are not germane. The point exports come from tar sands. in almost 30 years. Our capacity is of order is sustained. The motion is not The real estate that we are talking down. We are having to import not just in order. about in question could be greatly im- crude but we are having to import re- Mr. HENSARLING. Mr. Speaker, I pacted should the section 526 not be re- fined gasoline as well. Yet, the Demo- appeal the ruling of the Chair. pealed. Because as most people know crat majority does nothing, does noth- who have studied the issue, Mr. Speak- The SPEAKER pro tempore. The ing to help build more refineries. question is, Shall the decision of the er, the United States Air Force wishes We need diversification. We need nu- to enter into long-term contracts in Chair stand as the judgment of the clear energy. We sit here and talk to House? order to help develop these promising the American people about the threat new alternative energy alternatives. of global warming, yet we know nu- MOTION TO TABLE OFFERED BY MR. RAHALL Yet in the Democrat ‘‘non-energy’’ en- clear energy has no greenhouse emis- Mr. RAHALL. Mr. Speaker, I move to ergy bill, they would be effectively pre- sions whatsoever. lay the appeal on the table. vented from doing so. That will clearly It’s imperative that we pass this mo- The SPEAKER pro tempore. The have an adverse impact upon the eco- tion to recommit and get more Amer- question is on the motion to table. nomic growth, the economic well-being ican energy today. of the Native American tribe in ques- POINT OF ORDER The question was taken; and the tion, not to mention the real estate in Mr. RAHALL. Mr. Speaker, I insist Speaker pro tempore announced that question as well. on my point of order. the ayes appeared to have it. So, again, Mr. Speaker, when we look The SPEAKER pro tempore. The gen- Mr. HENSARLING. Mr. Speaker, I at energy, energy now has become a tleman will state his point of order. object to the vote on the grounds that

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6057 a quorum is not present and make the NAYS—189 Mr. RAHALL. Madam Speaker, on point of order that a quorum is not Aderholt Gallegly Nunes that I demand the yeas and nays. present. Akin Garrett (NJ) Paul The yeas and nays were ordered. Alexander Gerlach Pearce The SPEAKER pro tempore. Evi- Bachmann Gilchrest Pence The SPEAKER pro tempore. This is a dently a quorum is not present. Bachus Gingrey Petri 5-minute vote. The Sergeant at Arms will notify ab- Barrett (SC) Goode Pickering The vote was taken by electronic de- sent Members. Bartlett (MD) Goodlatte Pitts vice, and there were—yeas 121, nays Barton (TX) Granger Platts Pursuant to clause 9 of rule XX, this Biggert Graves Poe 298, not voting 15, as follows: 15-minute vote on the motion to table Bilbray Hall (TX) Porter [Roll No. 458] will be followed by a 5-minute vote on Bilirakis Hastings (WA) Price (GA) Bishop (UT) Hayes Pryce (OH) YEAS—121 the passage of the bill if no further pro- Blackburn Heller Radanovich Abercrombie Gonzalez Mollohan ceedings in recommittal intervene. Blunt Hensarling Ramstad Allen Gordon Moore (KS) The vote was taken by electronic de- Boehner Herger Regula Andrews Green, Gene Murphy (CT) Bonner Hobson Rehberg Arcuri Grijalva Murphy, Patrick vice, and there were—yeas 226, nays Bono Mack Hoekstra Reichert Baldwin Hall (TX) Olver 189, not voting 19, as follows: Boozman Hulshof Renzi Barrow Harman Ortiz [Roll No. 457] Boustany Hunter Reynolds Barton (TX) Hastings (FL) Pallone Brady (TX) Inglis (SC) Rogers (AL) Bean Herseth Sandlin Pastor YEAS—226 Broun (GA) Issa Rogers (KY) Berman Higgins Paul Abercrombie Gonzalez Murtha Brown (SC) Johnson (IL) Rogers (MI) Berry Hill Pomeroy Ackerman Gordon Nadler Brown-Waite, Johnson, Sam Rohrabacher Bilbray Hirono Price (NC) Allen Green, Al Napolitano Ginny Jones (NC) Ros-Lehtinen Bishop (UT) Hodes Rahall Altmire Green, Gene Neal (MA) Buchanan Jordan Roskam Blumenauer Holden Rangel Andrews Grijalva Oberstar Burgess Keller Royce Boswell Holt Reichert Arcuri Gutierrez Obey Burton (IN) King (IA) Ryan (WI) Boucher Inslee Renzi Baca Hall (NY) Olver Buyer King (NY) Sali Boyd (FL) Jackson (IL) Reyes Baird Hare Ortiz Calvert Kingston Saxton Brady (PA) Kagen Reynolds Baldwin Harman Pallone Camp (MI) Kirk Scalise Braley (IA) Kanjorski Rodriguez Barrow Hastings (FL) Pascrell Campbell (CA) Kline (MN) Schmidt Butterfield Kennedy Rohrabacher Capito Knollenberg Capps Kildee Ross Bean Herseth Sandlin Pastor Sensenbrenner Carter Kuhl (NY) Sessions Capuano Kind Rothman Becerra Higgins Payne Castle Lamborn Shadegg Carney King (NY) Schakowsky Berkley Hill Perlmutter Chabot Latham Shays Castor Kuhl (NY) Serrano Berman Hinchey Peterson (MN) Coble LaTourette Shimkus Clay LaTourette Sires Berry Hinojosa Pomeroy Bishop (GA) Hirono Cole (OK) Latta Shuster Clyburn Levin Smith (WA) Price (NC) Bishop (NY) Hodes Conaway Lewis (CA) Simpson Cole (OK) Lipinski Solis Rahall Blumenauer Holden Crenshaw Lewis (KY) Smith (NE) Cramer Loebsack Space Rangel Boren Holt Culberson Linder Smith (NJ) Davis, Tom Lowey Stupak Reyes Boswell Honda Davis (KY) LoBiondo Smith (TX) DeGette Lungren, Daniel Tanner Richardson Boucher Hooley Davis, David Lucas Souder Diaz-Balart, L. E. Tierney Boyd (FL) Hoyer Rodriguez Davis, Tom Lungren, Daniel Stearns Diaz-Balart, M. Lynch Towns Boyda (KS) Inslee Ross Deal (GA) E. Tancredo Dingell Maloney (NY) Udall (CO) Brady (PA) Israel Rothman Dent Mack Terry Doyle Matsui Vela´ zquez Braley (IA) Jackson (IL) Roybal-Allard Diaz-Balart, L. Manzullo Thornberry Ellsworth McCrery Walsh (NY) Brown, Corrine Jackson-Lee Ruppersberger Diaz-Balart, M. Marchant Tiahrt Engel McHugh Wasserman Butterfield (TX) Ryan (OH) Doolittle McCarthy (CA) Tiberi English (PA) McKeon Schultz Capps Jefferson Sa´ nchez, Linda Drake McCaul (TX) Turner Foster McNulty Watson Capuano Johnson (GA) T. Dreier McCrery Upton Frank (MA) Melancon Welch (VT) Cardoza Johnson, E. B. Sanchez, Loretta Duncan McHenry Walberg Giffords Michaud Wilson (OH) Carnahan Jones (OH) Sarbanes Ehlers McHugh Walden (OR) Gilchrest Miller (MI) Wu Carney Kagen Schakowsky Emerson McKeon Walsh (NY) Gillibrand Miller, George Young (AK) Carson Kanjorski Schiff English (PA) McMorris Wamp Castor Kaptur Schwartz Everett Rodgers Weldon (FL) NAYS—298 Cazayoux Kennedy Scott (GA) Fallin Mica Weller Ackerman Carson Emerson Chandler Kildee Scott (VA) Feeney Miller (FL) Westmoreland Aderholt Carter Eshoo Childers Kilpatrick Serrano Ferguson Miller (MI) Whitfield (KY) Akin Castle Etheridge Clarke Kind Sestak Flake Miller, Gary Wilson (NM) Alexander Cazayoux Everett Clay Klein (FL) Shea-Porter Forbes Moran (KS) Wilson (SC) Altmire Chabot Fallin Cleaver Kucinich Sherman Fortenberry Murphy, Tim Wittman (VA) Baca Chandler Farr Clyburn LaHood Shuler Foxx Musgrave Wolf Bachmann Childers Fattah Cohen Langevin Sires Franks (AZ) Myrick Young (AK) Bachus Clarke Feeney Conyers Larsen (WA) Skelton Frelinghuysen Neugebauer Young (FL) Baird Cleaver Ferguson Cooper Larson (CT) Slaughter NOT VOTING—19 Barrett (SC) Coble Filner Costa Lee Smith (WA) Bartlett (MD) Cohen Flake Costello Levin Solis Cannon Lampson Snyder Becerra Conaway Forbes Courtney Lewis (GA) Space Cantor Mahoney (FL) Speier Berkley Conyers Fortenberry Cramer Lipinski Spratt Cubin McCotter Sullivan Biggert Cooper Foxx Crowley Loebsack Stark Cummings Peterson (PA) Sutton Bilirakis Costa Franks (AZ) Cuellar Lofgren, Zoe Stupak Delahunt Putnam Yarmuth Bishop (GA) Costello Frelinghuysen Davis (AL) Lowey Tanner Fossella Rush Bishop (NY) Courtney Gallegly Gohmert Salazar Davis (CA) Lynch Tauscher Blackburn Crenshaw Garrett (NJ) Davis (IL) Maloney (NY) Blunt Crowley Gerlach Taylor Davis, Lincoln Markey b 1605 Boehner Cuellar Gingrey Thompson (CA) DeFazio Marshall Bonner Culberson Gohmert Thompson (MS) Mrs. CAPITO and Mr. BURTON of In- DeGette Matheson Bono Mack Davis (AL) Goode Tierney DeLauro Matsui diana changed their vote from ‘‘yea’’ to Boozman Davis (CA) Goodlatte Towns Dicks McCarthy (NY) ‘‘nay.’’ Boren Davis (IL) Granger Dingell McCollum (MN) Tsongas Boustany Davis (KY) Graves Udall (CO) Messrs. CROWLEY, UDALL of New Doggett McDermott Mexico, ABERCROMBIE, LYNCH, and Boyda (KS) Davis, David Green, Al Donnelly McGovern Udall (NM) Brady (TX) Davis, Lincoln Gutierrez Doyle McIntyre Van Hollen ROTHMAN changed their vote from Broun (GA) Deal (GA) Hall (NY) Edwards (MD) McNerney Vela´ zquez ‘‘nay’’ to ‘‘yea.’’ Brown (SC) DeFazio Hare Edwards (TX) McNulty Visclosky So the motion to table was agreed to. Brown, Corrine DeLauro Hastings (WA) Ellison Meek (FL) Walz (MN) Brown-Waite, Dent Hayes Ellsworth Meeks (NY) Wasserman The result of the vote was announced Ginny Dicks Heller Emanuel Melancon Schultz as above recorded. Buchanan Doggett Hensarling Engel Michaud Waters A motion to reconsider was laid on Burgess Donnelly Herger Eshoo Miller (NC) Watson the table. Burton (IN) Doolittle Hinchey Etheridge Miller, George Watt Buyer Drake Hinojosa Farr Mitchell Waxman The SPEAKER pro tempore (Mrs. Calvert Dreier Hobson Fattah Mollohan Weiner JONES of Ohio). The question is on the Camp (MI) Duncan Hoekstra Filner Moore (KS) Welch (VT) passage of the bill. Campbell (CA) Edwards (MD) Honda Foster Moore (WI) Wexler The question was taken; and the Cantor Edwards (TX) Hooley Frank (MA) Moran (VA) Wilson (OH) Capito Ehlers Hoyer Giffords Murphy (CT) Woolsey Speaker pro tempore announced that Cardoza Ellison Hulshof Gillibrand Murphy, Patrick Wu the noes appeared to have it. Carnahan Emanuel Hunter

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6058 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Inglis (SC) Miller (FL) Scott (VA) The Clerk read the title of the bill. Airlines, Inc., 527 U.S. 471 (1999), Murphy v. Israel Miller (NC) Sensenbrenner The text of the bill is as follows: United Parcel Service, Inc., 527 U.S. 516 Issa Miller, Gary Sessions H.R. 3195 (1999), Albertson’s, Inc. v. Kirkingburg, 527 Jackson-Lee Mitchell Sestak U.S. 555 (1999), and Toyota Motor Manufac- (TX) Moore (WI) Be it enacted by the Senate and House of Rep- Shadegg turing, Kentucky, Inc. v. Williams, 534 U.S. Jefferson Moran (KS) Shays resentatives of the United States of America in 184 (2002), that have narrowed the class of Johnson (GA) Moran (VA) Shea-Porter Congress assembled, Johnson (IL) Murphy, Tim people who can invoke the protection from Sherman SECTION 1. SHORT TITLE. Johnson, E. B. Murtha discrimination the ADA provides; and Shimkus This Act may be cited as the ‘‘ADA Res- Johnson, Sam Musgrave (3) to reinstate original congressional in- Shuler toration Act of 2007’’. Jones (NC) Myrick Shuster tent regarding the definition of disability by Jones (OH) Nadler Simpson SEC. 2. FINDINGS AND PURPOSES. clarifying that ADA protection is available Jordan Napolitano Skelton (a) FINDINGS.—Congress finds that— for all individuals who are subjected to ad- Kaptur Neal (MA) Slaughter (1) in enacting the Americans with Disabil- Keller Neugebauer verse treatment based on actual or perceived Smith (NE) ities Act of 1990 (ADA), Congress intended impairment, or record of impairment, or are Kilpatrick Nunes Smith (NJ) that the Act ‘‘establish a clear and com- King (IA) Oberstar adversely affected by prejudiced attitudes, Smith (TX) Kingston Obey prehensive prohibition of discrimination on Souder such as myths, fears, ignorance, or stereo- Kirk Pascrell the basis of disability,’’ and provide broad Spratt types concerning disability or particular dis- Klein (FL) Payne coverage and vigorous and effective remedies Stark abilities, or by the failure to remove societal Kline (MN) Pearce without unnecessary and obstructive de- Stearns and institutional barriers, including commu- Knollenberg Pence Sullivan fenses; Kucinich Perlmutter nication, transportation, and architectural Tancredo (2) decisions and opinions of the Supreme LaHood Peterson (MN) barriers, and the failure to provide reason- Tauscher Court have unduly narrowed the broad scope Lamborn Petri able modifications to policies, practices, and Taylor Langevin Pickering of protection afforded in the ADA, elimi- procedures, reasonable accommodations, and Terry Larsen (WA) Pitts nating protection for a broad range of indi- auxiliary aids and services. Larson (CT) Platts Thompson (CA) viduals who Congress intended to protect; Thompson (MS) SEC. 3. CODIFIED FINDINGS. Latham Poe (3) in enacting the ADA, Congress recog- Section 2(a) of the Americans with Disabil- Latta Porter Thornberry nized that physical and mental impairments Lee Price (GA) Tiahrt ities Act of 1990 (42 U.S.C. 12101) is amend- Tiberi are natural parts of the human experience ed— Lewis (CA) Pryce (OH) that in no way diminish a person’s right to Lewis (GA) Radanovich Tsongas (1) by amending paragraph (1) to read as Lewis (KY) Ramstad Turner fully participate in all aspects of society, but follows: Linder Regula Udall (NM) Congress also recognized that people with ‘‘(1) physical or mental disabilities are nat- LoBiondo Rehberg Upton physical or mental impairments having the ural parts of the human experience that in Van Hollen Lofgren, Zoe Richardson talent, skills, abilities, and desire to partici- no way diminish a person’s right to fully Lucas Rogers (AL) Visclosky pate in society are frequently precluded from Walberg participate in all aspects of society, yet peo- Mack Rogers (KY) doing so because of prejudice, antiquated at- Walden (OR) ple with physical or mental disabilities hav- Manzullo Rogers (MI) titudes, or the failure to remove societal and Marchant Roskam Walz (MN) ing the talent, skills, abilities, and desires to Markey Roybal-Allard Wamp institutional barriers; participate in society frequently are pre- Marshall Royce Waters (4) Congress modeled the ADA definition of cluded from doing so because of discrimina- Matheson Ruppersberger Watt disability on that of section 504 of the Reha- tion; others who have a record of a disability McCarthy (CA) Ryan (OH) Waxman bilitation Act of 1973, which, through the or are regarded as having a disability also McCarthy (NY) Ryan (WI) Weiner time of the ADA’s enactment, had been con- have been subjected to discrimination;’’. McCaul (TX) Salazar Weldon (FL) strued broadly to encompass both actual and Weller (2) by amending paragraph (7) to read as McCollum (MN) Sali perceived limitations, and limitations im- McDermott Sa´ nchez, Linda Westmoreland follows: McGovern T. Wexler posed by society; ‘‘(7) individuals with disabilities have been McHenry Sanchez, Loretta Whitfield (KY) (5) the broad conception of the definition subject to a history of purposeful unequal McIntyre Sarbanes Wilson (NM) had been underscored by the Supreme treatment, have had restrictions and limita- McMorris Saxton Wilson (SC) Court’s statement in its decision in School tions imposed upon them because of their Rodgers Scalise Wittman (VA) Board of Nassau County v. Arline, 480 U.S. disabilities, and have been relegated to posi- McNerney Schiff Wolf 273, 284 (1987), that the section 504 definition tions of political powerlessness in society; Meek (FL) Schmidt Woolsey ‘‘acknowledged that society’s accumulated classifications and selection criteria that ex- Meeks (NY) Schwartz Yarmuth Mica Scott (GA) Young (FL) myths and fears about disability and disease clude persons with disabilities should be are as handicapping as are the physical limi- strongly disfavored, subjected to skeptical NOT VOTING—15 tations that flow from actual impairment’’; and meticulous examination, and permitted Cannon Lampson Ros-Lehtinen (6) in adopting the section 504 concept of only for highly compelling reasons, and Cubin Mahoney (FL) Rush disability in the ADA, Congress understood never on the basis of prejudice, ignorance, Cummings McCotter Snyder that adverse action based on a person’s phys- myths, irrational fears, or stereotypes about Delahunt Peterson (PA) Speier ical or mental impairment is often unrelated disability;’’. Fossella Putnam Sutton to the limitations caused by the impairment SEC. 4. DISABILITY DEFINED. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE itself; Section 3 of the Americans with Disabil- The SPEAKER pro tempore (during (7) instead of following congressional ex- ities Act of 1990 (42 U.S.C. 12102) is amend- the vote). There are 2 minutes remain- pectations that disability would be inter- ed— ing on this vote. preted broadly in the ADA, the Supreme (1) by amending paragraph (2) to read as Court has ruled, in Toyota Motor Manufac- follows: b 1614 turing, Kentucky, Inc. v. Williams, 534 U.S. ‘‘(2) DISABILITY.— Ms. GINNY BROWN-WAITE of Flor- 184, 197 (2002), that the elements of the defi- ‘‘(A) IN GENERAL.—The term ‘disability’ means, with respect to an individual— ida and Mr. PAYNE changed their vote nition ‘‘need to be interpreted strictly to create a demanding standard for qualifying ‘‘(i) a physical or mental impairment; from ‘‘yea’’ to ‘‘nay.’’ as disabled,’’ and, consistent with that view, ‘‘(ii) a record of a physical or mental im- Mr. BUTTERFIELD changed his vote has narrowed the application of the defini- pairment; or from ‘‘nay’’ to ‘‘yea.’’ tion in various ways; and ‘‘(iii) being regarded as having a physical So the bill was not passed. (8) contrary to explicit congressional in- or mental impairment. The result of the vote was announced tent expressed in the ADA committee re- ‘‘(B) RULE OF CONSTRUCTION.— as above recorded. ports, the Supreme Court has eliminated ‘‘(i) The determination of whether an indi- A motion to reconsider was laid on from the Act’s coverage individuals who vidual has a physical or mental impairment the table. have mitigated the effects of their impair- shall be made without considering the im- ments through the use of such measures as pact of any mitigating measures the indi- f medication and assistive devices. vidual may or may not be using or whether b 1615 (b) PURPOSE.—The purposes of this Act or not any manifestations of an impairment are— are episodic, in remission, or latent. ADA AMENDMENTS ACT OF 2008 (1) to effect the ADA’s objectives of pro- ‘‘(ii) The term ‘mitigating measures’ Mr. GEORGE MILLER of California. viding ‘‘a clear and comprehensive national means any treatment, medication, device, or Madam Speaker, pursuant to H. Res. mandate for the elimination of discrimina- other measure used to eliminate, mitigate, 1299, I call up the bill (H.R. 3195) to re- tion’’ and ‘‘clear, strong, consistent, enforce- or compensate for the effect of an impair- able standards addressing discrimination’’ by ment, and includes prescription and other store the intent and protections of the restoring the broad scope of protection avail- medications, personal aids and devices (in- Americans with Disabilities Act of able under the ADA; cluding assistive technology devices and 1990, and ask for its immediate consid- (2) to respond to certain decisions of the services), reasonable accommodations, or eration. Supreme Court, including Sutton v. United auxiliary aids and services.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6059 ‘‘(iii) Actions taken by a covered entity terpreting the definition of disability, shall manding standard for qualifying as disabled,’’ with respect to an individual because of that be entitled to deference by administrative and that to be substantially limited in per- individual’s use of a mitigating measure or bodies or officers and courts hearing any ac- forming a major life activity under the ADA ‘‘an because of a side effect or other consequence tion brought under this Act.’’. individual must have an impairment that pre- of the use of such a measure shall be consid- The SPEAKER pro tempore. Pursu- vents or severely restricts the individual from ered actions taken on the basis of a dis- ant to House Resolution 1299, the doing activities that are of central importance to ability under this Act.’’. most people’s daily lives’’; and (2) by redesignating paragraph (3) as para- amendment in the nature of a sub- (5) to provide a new definition of ‘‘substan- graph (7) and inserting after paragraph (2) stitute recommended by the Com- tially limits’’ to indicate that Congress intends the following: mittee on Education and Labor, print- to depart from the strict and demanding stand- ‘‘(3) PHYSICAL IMPAIRMENT.—The term ed in the bill is adopted and the bill, as ard applied by the Supreme Court in Toyota ‘physical impairment’ means any physio- amended, is considered read. Motor Manufacturing, Kentucky, Inc. v. Wil- logical disorder or condition, cosmetic dis- The text of the bill, as amended, is as liams and by numerous lower courts. figurement, or anatomical loss affecting one follows: SEC. 3. CODIFIED FINDINGS. or more of the following body systems: neu- Section 2(a) of the Americans with Disabilities H.R. 3195 rological; musculoskeletal; special sense or- Act of 1990 (42 U.S.C. 12101) is amended— gans; respiratory, including speech organs; Be it enacted by the Senate and House of Rep- (1) by amending paragraph (1) to read as fol- cardiovascular; reproductive; digestive; resentatives of the United States of America in lows: genito-urinary; hemic and lymphatic; skin; Congress assembled, ‘‘(1) physical or mental disabilities in no way and endocrine. SECTION 1. SHORT TITLE. diminish a person’s right to fully participate in ‘‘(4) MENTAL IMPAIRMENT.—The term ‘men- This Act may be cited as the ‘‘ADA Amend- all aspects of society, yet many people with tal impairment’ means any mental or psy- ments Act of 2008’’. physical or mental disabilities have been pre- chological disorder such as mental retarda- SEC. 2. FINDINGS AND PURPOSES. cluded from doing so because of discrimination; tion, organic brain syndrome, emotional or (a) FINDINGS.—Congress finds that— others who have a record of a disability or are mental illness, or specific learning disabil- (1) in enacting the Americans with Disabilities regarded as having a disability also have been ities. Act of 1990 (ADA), Congress intended that the subjected to discrimination;’’; and ‘‘(5) RECORD OF PHYSICAL OR MENTAL IM- Act ‘‘provide a clear and comprehensive na- (2) by striking paragraph (7). PAIRMENT.—The term ‘record of physical or tional mandate for the elimination of discrimi- SEC. 4. DISABILITY DEFINED AND RULES OF CON- mental impairment’ means having a history nation against individuals with disabilities’’ STRUCTION. of, or having been misclassified as having, a and provide broad coverage; (a) DEFINITION OF DISABILITY.—Section 3 of physical or mental impairment. (2) in enacting the ADA, Congress recognized the Americans with Disabilities Act of 1990 (42 ‘‘(6) REGARDED AS HAVING A PHYSICAL OR that physical and mental disabilities in no way U.S.C. 12102) is amended to read as follows: MENTAL IMPAIRMENT.—The term ‘regarded as diminish a person’s right to fully participate in ‘‘SEC. 3. DEFINITION OF DISABILITY. having a physical or mental impairment’ all aspects of society, but that people with phys- ‘‘As used in this Act: means being perceived or treated as having a ical or mental disabilities are frequently pre- ‘‘(1) DISABILITY.—The term ‘disability’ means, physical or mental impairment whether or cluded from doing so because of prejudice, anti- with respect to an individual— not the individual has an impairment.’’. quated attitudes, or the failure to remove soci- ‘‘(A) a physical or mental impairment that SEC. 5. DISCRIMINATION ON THE BASIS OF DIS- etal and institutional barriers; substantially limits one or more major life activi- ABILITY. (3) while Congress expected that the definition ties of such individual; Section 102 of the Americans with Disabil- of disability under the ADA would be inter- ‘‘(B) a record of such an impairment; or ‘‘(C) being regarded as having such an im- ities Act of 1990 (42 U.S.C. 12112) is amend- preted consistently with how courts had applied pairment (as described in paragraph (4)). ed— the definition of handicap under the Rehabilita- ‘‘(2) SUBSTANTIALLY LIMITS.—The term ‘sub- (1) in subsection (a), by striking ‘‘against a tion Act of 1973, that expectation has not been stantially limits’ means materially restricts. qualified individual with a disability because fulfilled; ‘‘(3) MAJOR LIFE ACTIVITIES.— of the disability of such individual’’ and in- (4) the holdings of the Supreme Court in Sut- ‘‘(A) IN GENERAL.—For purposes of paragraph serting ‘‘against an individual on the basis of ton v. United Airlines, Inc., 527 U.S. 471 (1999) disability’’; and (1), major life activities include, but are not lim- and its companion cases, and in Toyota Motor ited to, caring for oneself, performing manual (2) in subsection (b), in the matter pre- Manufacturing, Kentucky, Inc. v. Williams, 534 ceding paragraph (1), by striking ‘‘discrimi- tasks, seeing, hearing, eating, sleeping, walking, U.S. 184 (2002) have narrowed the broad scope standing, lifting, bending, speaking, breathing, nate’’ and inserting ‘‘discriminate against an of protection intended to be afforded by the individual on the basis of disability’’. learning, reading, concentrating, thinking, com- ADA, thus eliminating protection for many indi- municating and working. SEC. 6. QUALIFIED INDIVIDUAL. viduals whom Congress intended to protect; and ‘‘(B) MAJOR BODILY FUNCTIONS.—For purposes Section 103(a) of the Americans with Dis- (5) as a result of these Supreme Court cases, of paragraph (1), a major life activity also in- abilities Act of 1990 (42 U.S.C. 12113(a)) is lower courts have incorrectly found in indi- cludes the operation of a major bodily function, amended by striking ‘‘that an alleged appli- vidual cases that people with a range of sub- including but not limited to, functions of the im- cation’’ and inserting ‘‘that— stantially limiting impairments are not people mune system, normal cell growth, digestive, ‘‘(1) the individual alleging discrimination with disabilities. bowel, bladder, neurological, brain, respiratory, under this title is not a qualified individual (b) PURPOSES.—The purposes of this Act are— circulatory, endocrine, and reproductive func- with a disability; or (1) to carry out the ADA’s objectives of pro- tions. ‘‘(2) an alleged application’’. viding ‘‘a clear and comprehensive national ‘‘(4) REGARDED AS HAVING SUCH AN IMPAIR- SEC. 7. RULE OF CONSTRUCTION. mandate for the elimination of discrimination’’ MENT.—For purposes of paragraph (1)(C): Section 501 of the Americans with Disabil- and ‘‘clear, strong, consistent, enforceable ‘‘(A) An individual meets the requirement of ities Act of 1990 (42 U.S.C. 12201) is amended standards addressing discrimination’’ by rein- ‘being regarded as having such an impairment’ by adding at the end the following: stating a broad scope of protection to be avail- if the individual establishes that he or she has ‘‘(e) BROAD CONSTRUCTION.—In order to en- able under the ADA; been subjected to an action prohibited under sure that this Act achieves its purpose of (2) to reject the requirement enunciated by the this Act because of an actual or perceived phys- providing a comprehensive prohibition of Supreme Court in Sutton v. United Airlines, ical or mental impairment whether or not the discrimination on the basis of disability, the Inc., 527 U.S. 471 (1999) and its companion cases impairment limits or is perceived to limit a major provisions of this Act shall be broadly con- that whether an impairment substantially limits life activity. strued to advance their remedial purpose. a major life activity is to be determined with ref- ‘‘(B) Paragraph (1)(C) shall not apply to im- ‘‘(f) REGULATIONS.—In order to provide for erence to the ameliorative effects of mitigating pairments that are transitory and minor. A consistent and effective standards among the measures; transitory impairment is an impairment with an agencies responsible for enforcing this Act, (3) to reject the Supreme Court’s reasoning in actual or expected duration of 6 months or less. the Attorney General shall promulgate regu- Sutton v. United Airlines, Inc., 527 U.S. 471 ‘‘(5) RULES OF CONSTRUCTION REGARDING THE lations and guidance in alternate accessible (1999) with regard to coverage under the third DEFINITION OF DISABILITY.—The definition of formats implementing the provisions herein. prong of the definition of disability and to rein- ‘disability’ in paragraph (1) shall be construed The Equal Employment Opportunity Com- state the reasoning of the Supreme Court in in accordance with the following: mission and Secretary of Transportation School Board of Nassau County v. Arline, 480 ‘‘(A) To achieve the remedial purposes of this shall then issue appropriate implementing U.S. 273 (1987) which set forth a broad view of Act, the definition of ‘disability’ in paragraph directives, whether in the nature of regula- the third prong of the definition of handicap (1) shall be construed broadly. tions or policy guidance, consistent with the under the Rehabilitation Act of 1973; ‘‘(B) An impairment that substantially limits requirements prescribed by the Attorney (4) to reject the standards enunciated by the one major life activity need not limit other major General. Supreme Court in Toyota Motor Manufacturing, life activities in order to be considered a dis- ‘‘(g) DEFERENCE TO REGULATIONS AND GUID- Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), ability. ANCE.—Duly issued Federal regulations and that the terms ‘‘substantially’’ and ‘‘major’’ in ‘‘(C) An impairment that is episodic or in re- guidance for the implementation of this Act, the definition of disability under the ADA mission is a disability if it would substantially including provisions implementing and in- ‘‘need to be interpreted strictly to create a de- limit a major life activity when active.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 6333 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6060 CONGRESSIONAL RECORD — HOUSE June 25, 2008 ‘‘(D)(i) The determination of whether an im- question and consistent with business neces- (3) while Congress expected that the defini- pairment substantially limits a major life activ- sity.’’. tion of disability under the ADA would be in- ity shall be made without regard to the amelio- (c) CONFORMING AMENDMENT.—Section 101(8) terpreted consistently with how courts had rative effects of mitigating measures such as— of the Americans with Disabilities Act of 1990 (42 applied the definition of handicap under the ‘‘(I) medication, medical supplies, equipment, U.S.C. 12111(8)) is amended— Rehabilitation Act of 1973, that expectation (1) in the paragraph heading, by striking or appliances, low-vision devices (which do not has not been fulfilled; include ordinary eyeglasses or contact lenses), ‘‘WITH A DISABILITY’’; and (4) the holdings of the Supreme Court in prosthetics including limbs and devices, hearing (2) by striking ‘‘with a disability’’ after ‘‘indi- Sutton v. United Airlines, Inc., 527 U.S. 471 aids and cochlear implants or other implantable vidual’’ both places it appears. hearing devices, mobility devices, or oxygen SEC. 6. RULES OF CONSTRUCTION. (1999) and its companion cases, and in Toy- therapy equipment and supplies; Title V of the Americans with Disabilities Act ota Motor Manufacturing, Kentucky, Inc. v. ‘‘(II) use of assistive technology; of 1990 (42 U.S.C. 12201) is amended— Williams, 534 U.S. 184 (2002) have narrowed ‘‘(III) reasonable accommodations or auxiliary (1) by adding at the end of section 501 the fol- the broad scope of protection intended to be aids or services; or lowing: afforded by the ADA, thus eliminating protec- ‘‘(IV) learned behavioral or adaptive neuro- ‘‘(e) BENEFITS UNDER STATE WORKER’S COM- tion for many individuals whom Congress in- logical modifications. PENSATION LAWS.—Nothing in this Act alters the tended to protect; and ‘‘(ii) The ameliorative effects of the mitigating standards for determining eligibility for benefits (5) as a result of these Supreme Court measures of ordinary eyeglasses or contact under State worker’s compensation laws or cases, lower courts have incorrectly found in lenses shall be considered in determining wheth- under State and Federal disability benefit pro- er an impairment substantially limits a major individual cases that people with a range of grams. substantially limiting impairments are not life activity. ‘‘(f) CLAIMS OF NO DISABILITY.—Nothing in ‘‘(iii) As used in this subparagraph— this Act shall provide the basis for a claim by a people with disabilities. ‘‘(I) the term ‘ordinary eyeglasses or contact person without a disability that he or she was (b) PURPOSES.—The purposes of this Act lenses’ means lenses that are intended to fully subject to discrimination because of his or her are— correct visual acuity or eliminate refractive lack of disability. (1) to carry out the ADA’s objectives of pro- error; and ‘‘(g) REASONABLE ACCOMMODATIONS AND ‘‘(II) the term ‘low-vision devices’ means de- viding ‘‘a clear and comprehensive national MODIFICATIONS.—A covered entity under title I, vices that magnify, enhance, or otherwise aug- mandate for the elimination of discrimina- a public entity under title II, and any person tion’’ and ‘‘clear, strong, consistent, enforce- ment a visual image.’’. who owns, leases (or leases to), or operates a (b) CONFORMING AMENDMENT.—The Ameri- able standards addressing discrimination’’ by place of public accommodation under title III, cans with Disabilities Act of 1990 (42 U.S.C. reinstating a broad scope of protection to be need not provide a reasonable accommodation or 12101 et seq.) is further amended by adding after available under the ADA; a reasonable modification to policies, practices, section 3 the following: (2) to reject the requirement enunciated by or procedures to an individual who meets the ‘‘SEC. 4. ADDITIONAL DEFINITIONS. the Supreme Court in Sutton v. United Air- definition of disability in section 3(1) solely ‘‘As used in this Act: lines, Inc., 527 U.S. 471 (1999) and its com- ‘‘(1) AUXILIARY AIDS AND SERVICES.—The term under subparagraph (C).’’; (2) by redesignating section 506 through 514 as panion cases that whether an impairment ‘auxiliary aids and services’ includes— substantially limits a major life activity is to ‘‘(A) qualified interpreters or other effective sections 507 through 515, respectively, and add- be determined with reference to the amelio- methods of making aurally delivered materials ing after section 505 the following: available to individuals with hearing impair- ‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING rative effects of mitigating measures; ments; REGULATORY AUTHORITY. (3) to reject the Supreme Court’s reasoning ‘‘(B) qualified readers, taped texts, or other ‘‘The authority to issue regulations granted to in Sutton v. United Airlines, Inc., 527 U.S. 471 effective methods of making visually delivered the Equal Employment Opportunity Commis- (1999) with regard to coverage under the materials available to individuals with visual sion, the Attorney General, and the Secretary of third prong of the definition of disability and impairments; Transportation under this Act includes the au- to reinstate the reasoning of the Supreme ‘‘(C) acquisition or modification of equipment thority to issue regulations implementing the Court in School Board of Nassau County v. or devices; and definitions contained in sections 3 and 4.’’; and Arline, 480 U.S. 273 (1987) which set forth a (3) in the table of contents contained in sec- ‘‘(D) other similar services and actions. broad view of the third prong of the defini- ‘‘(2) STATE.—The term ‘State’ means each of tion 1(b), by redesignating the items relating to tion of handicap under the Rehabilitation the several States, the District of Columbia, the sections 506 through 514 as sections 507 through Commonwealth of Puerto Rico, Guam, American 515, respectively, and by inserting after the item Act of 1973; Samoa, the Virgin Islands, the Trust Territory relating to section 505 the following new item: (4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufac- of the Pacific Islands, and the Commonwealth ‘‘Sec. 506. Rule of construction regarding regu- turing, Kentucky, Inc. v. Williams, 534 U.S. of the Northern Mariana Islands.’’ latory authority.’’. 184 (2002), that the terms ‘‘substantially’’ and (c) AMENDMENT TO THE TABLE OF CON- SEC. 7. CONFORMING AMENDMENTS. TENTS.—The table of contents contained in sec- Section 7 of the Rehabilitation Act of 1973 (29 ‘‘major’’ in the definition of disability under tion 1(b) of the Americans with Disabilities Act U.S.C. 705) is amended— the ADA ‘‘need to be interpreted strictly to of 1990 is amended by striking the item relating (1) in paragraph (9)(B), by striking ‘‘a phys- create a demanding standard for qualifying to section 3 and inserting the following items: ical’’ and all that follows through ‘‘major life as disabled,’’ and that to be substantially lim- ‘‘Sec. 3. Definition of disability. activities’’, and inserting ‘‘the meaning given it ited in performing a major life activity under ‘‘Sec. 4. Additional definitions.’’. in section 3 of the Americans with Disabilities the ADA ‘‘an individual must have an impair- SEC. 5. DISCRIMINATION ON THE BASIS OF DIS- Act of 1990’’; and ment that prevents or severely restricts the ABILITY. (2) in paragraph (20)(B), by striking ‘‘any per- individual from doing activities that are of (a) ON THE BASIS OF DISABILITY.—Section son who’’ and all that follows through the pe- central importance to most people’s daily 102 of the Americans with Disabilities Act of riod at the end, and inserting ‘‘any person who 1990 (42 U.S.C. 12112) is amended— lives’’; and has a disability as defined in section 3 of the (5) to provide a new definition of ‘‘substan- (1) in subsection (a), by striking ‘‘with a Americans with Disabilities Act of 1990.’’. disability because of the disability of such tially limits’’ to indicate that Congress in- SEC. 8. EFFECTIVE DATE. individual’’ and inserting ‘‘on the basis of tends to depart from the strict and demand- This Act and the amendments made by this ing standard applied by the Supreme Court disability’’; and Act shall become effective on January 1, 2009. (2) in subsection (b) in the matter pre- in Toyota Motor Manufacturing, Kentucky, SECTION 1. SHORT TITLE. ceding paragraph (1), by striking ‘‘discrimi- Inc. v. Williams and by numerous lower This Act may be cited as the ‘‘ADA Amend- nate’’ and inserting ‘‘discriminate against a courts. ments Act of 2008’’. qualified individual on the basis of dis- SEC. 3. CODIFIED FINDINGS. ability’’. SEC. 2. FINDINGS AND PURPOSES. (b) QUALIFICATION STANDARDS AND TESTS (a) FINDINGS.—Congress finds that— Section 2(a) of the Americans with Disabil- RELATED TO UNCORRECTED VISION.—Section (1) in enacting the Americans with Disabil- ities Act of 1990 (42 U.S.C. 12101) is amend- 103 of the Americans with Disabilities Act of ities Act of 1990 (ADA), Congress intended ed— 1990 (42 U.S.C. 12113) is amended by redesig- that the Act ‘‘provide a clear and comprehen- (1) by amending paragraph (1) to read as sive national mandate for the elimination of nating subsections (c) and (d) as subsections follows: discrimination against individuals with dis- (d) and (e), respectively, and inserting after ‘‘(1) physical or mental disabilities in no abilities’’ and provide broad coverage; subsection (b) the following new subsection: way diminish a person’s right to fully partici- ‘‘(c) QUALIFICATION STANDARDS AND TESTS (2) in enacting the ADA, Congress recog- pate in all aspects of society, yet many people RELATED TO UNCORRECTED VISION.—Notwith- nized that physical and mental disabilities in standing section 3(5)(D)(ii), a covered entity no way diminish a person’s right to fully par- with physical or mental disabilities have shall not use qualification standards, em- ticipate in all aspects of society, but that peo- been precluded from doing so because of dis- ployment tests, or other selection criteria ple with physical or mental disabilities are crimination; others who have a record of a based on an individual’s uncorrected vision frequently precluded from doing so because disability or are regarded as having a dis- unless the standard, test, or other selection of prejudice, antiquated attitudes, or the fail- ability also have been subjected to discrimi- criteria, as used by the covered entity, is ure to remove societal and institutional bar- nation;’’; and shown to be job-related for the position in riers; (2) by striking paragraph (7).

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6061 SEC. 4. DISABILITY DEFINED AND RULES OF CON- ‘‘(I) the term ‘ordinary eyeglasses or con- benefits under State worker’s compensation STRUCTION. tact lenses’ means lenses that are intended to laws or under State and Federal disability (a) DEFINITION OF DISABILITY.—Section 3 of fully correct visual acuity or eliminate re- benefit programs. the Americans with Disabilities Act of 1990 fractive error; and ‘‘(f) CLAIMS OF NO DISABILITY..—Nothing in (42 U.S.C. 12102) is amended to read as fol- ‘‘(II) the term ‘low-vision devices’ means de- this Act shall provide the basis for a claim by lows: vices that magnify, enhance, or otherwise a person without a disability that he or she ‘‘SEC. 3. DEFINITION OF DISABILITY. augment a visual image.’’. was subject to discrimination because of his ‘‘As used in this Act: (b) CONFORMING AMENDMENT.—The Ameri- or her lack of disability. ‘‘(1) DISABILITY.—The term ‘disability’ cans with Disabilities Act of 1990 (42 U.S.C. ‘‘(g) REASONABLE ACCOMMODATIONS AND means, with respect to an individual— 12101 et seq.) is further amended by adding MODIFICATIONS.—A covered entity under title ‘‘(A) a physical or mental impairment that after section 3 the following: I, a public entity under title II, and any per- son who owns, leases (or leases to), or oper- substantially limits one or more major life ac- ‘‘SEC. 4. ADDITIONAL DEFINITIONS. ates a place of public accommodation under tivities of such individual; ‘‘As used in this Act: ‘‘(B) a record of such an impairment; or title III, need not provide a reasonable ac- ‘‘(1) AUXILIARY AIDS AND SERVICES.—The term ‘‘(C) being regarded as having such an im- commodation or a reasonable modification to ‘auxiliary aids and services’ includes— pairment (as described in paragraph (4)). policies, practices, or procedures to an indi- ‘‘(A) qualified interpreters or other effec- ‘‘(2) SUBSTANTIALLY LIMITS.—The term ‘sub- vidual who meets the definition of disability tive methods of making aurally delivered ma- stantially limits’ means materially restricts. in section 3(1) solely under subparagraph terials available to individuals with hearing ‘‘(3) MAJOR LIFE ACTIVITIES.— (C).’’; impairments; ‘‘(A) IN GENERAL.—For purposes of para- (2) by redesignating sections 506 through ‘‘(B) qualified readers, taped texts, or other graph (1), major life activities include, but 514 as sections 507 through 515, respectively, effective methods of making visually deliv- are not limited to, caring for oneself, per- and adding after section 505 the following: ered materials available to individuals with forming manual tasks, seeing, hearing, eat- ‘‘SEC. 506. RULE OF CONSTRUCTION REGARDING visual impairments; ing, sleeping, walking, standing, lifting, bend- REGULATORY AUTHORITY. ing, speaking, breathing, learning, reading, ‘‘(C) acquisition or modification of equip- ‘‘The authority to issue regulations granted concentrating, thinking, communicating and ment or devices; and to the Equal Employment Opportunity Com- working. ‘‘(D) other similar services and actions. mission, the Attorney General, and the Sec- ‘‘(2) STATE.—The term ‘State’ means each of ‘‘(B) MAJOR BODILY FUNCTIONS.—For pur- retary of Transportation under this Act in- poses of paragraph (1), a major life activity the several States, the District of Columbia, cludes the authority to issue regulations im- also includes the operation of a major bodily the Commonwealth of Puerto Rico, Guam, plementing the definitions contained in sec- function, including but not limited to, func- American Samoa, the Virgin Islands, the tions 3 and 4.’’; and tions of the immune system, normal cell Trust Territory of the Pacific Islands, and the (3) in the table of contents contained in sec- growth, digestive, bowel, bladder, neuro- Commonwealth of the Northern Mariana Is- tion 1(b), by redesignating the items relating logical, brain, respiratory, circulatory, endo- lands.’’. to sections 506 through 514 as sections 507 crine, and reproductive functions. (c) AMENDMENT TO THE TABLE OF CON- through 515, respectively, and by inserting TENTS ‘‘(4) REGARDED AS HAVING SUCH AN IMPAIR- .—The table of contents contained in after the item relating to section 505 the fol- MENT.—For purposes of paragraph (1)(C): section 1(b) of the Americans with Disabil- lowing new item: ‘‘(A) An individual meets the requirement ities Act of 1990 is amended by striking the ‘‘Sec. 506. Rule of construction regarding of ‘being regarded as having such an impair- item relating to section 3 and inserting the regulatory authority.’’. ment’ if the individual establishes that he or following items: SEC. 7. CONFORMING AMENDMENTS. she has been subjected to an action prohib- ‘‘Sec. 3. Definition of disability. Section 7 of the Rehabilitation Act of 1973 ited under this Act because of an actual or ‘‘Sec. 4. Additional definitions.’’. (29 U.S.C. 705) is amended— perceived physical or mental impairment SEC. 5. DISCRIMINATION ON THE BASIS OF DIS- (1) in paragraph (9)(B), by striking ‘‘a phys- whether or not the impairment limits or is ABILITY. ical’’ and all that follows through ‘‘major life perceived to limit a major life activity. (a) ON THE BASIS OF DISABILITY.—Section activities’’, and inserting ‘‘the meaning given ‘‘(B) Paragraph (1)(C) shall not apply to im- 102 of the Americans with Disabilities Act of it in section 3 of the Americans with Disabil- pairments that are transitory and minor. A 1990 (42 U.S.C. 12112) is amended— ities Act of 1990’’; and transitory impairment is an impairment with (1) in subsection (a), by striking ‘‘with a dis- (2) in paragraph (20)(B), by striking ‘‘any an actual or expected duration of 6 months ability because of the disability of such indi- person who’’ and all that follows through the or less. vidual’’ and inserting ‘‘on the basis of dis- period at the end, and inserting ‘‘any person ‘‘(5) RULES OF CONSTRUCTION REGARDING THE ability’’; and who has a disability as defined in section 3 of DEFINITION OF DISABILITY.—The definition of (2) in subsection (b) in the matter pre- the Americans with Disabilities Act of 1990.’’. ‘disability’ in paragraph (1) shall be con- ceding paragraph (1), by striking ‘‘discrimi- SEC. 8. EFFECTIVE DATE. strued in accordance with the following: nate’’ and inserting ‘‘discriminate against a This Act and the amendments made by this ‘‘(A) To achieve the remedial purposes of qualified individual on the basis of dis- Act shall become effective on January 1, this Act, the definition of ‘disability’ in para- ability’’. 2009. graph (1) shall be construed broadly. (b) QUALIFICATION STANDARDS AND TESTS RE- The SPEAKER pro tempore. Debate ‘‘(B) An impairment that substantially lim- LATED TO UNCORRECTED VISION.—Section 103 shall not exceed 1 hour, with 40 min- its one major life activity need not limit of the Americans with Disabilities Act of 1990 utes equally divided and controlled by other major life activities in order to be con- (42 U.S.C. 12113) is amended by redesignating sidered a disability. subsections (c) and (d) as subsections (d) and the chairman and ranking minority ‘‘(C) An impairment that is episodic or in (e), respectively, and inserting after sub- member of the Committee on Edu- remission is a disability if it would substan- section (b) the following new subsection: cation and Labor, and 20 minutes tially limit a major life activity when active. ‘‘(c) QUALIFICATION STANDARDS AND TESTS equally divided and controlled by the ‘‘(D)(i) The determination of whether an im- RELATED TO UNCORRECTED VISION.—Notwith- chairman and ranking minority mem- pairment substantially limits a major life ac- standing section 3(5)(D)(ii), a covered entity ber of the Committee on the Judiciary. tivity shall be made without regard to the shall not use qualification standards, employ- The gentleman from California (Mr. ameliorative effects of mitigating measures ment tests, or other selection criteria based GEORGE MILLER) and the gentleman such as— on an individual’s uncorrected vision unless from California (Mr. MCKEON) each will ‘‘(I) medication, medical supplies, equip- the standard, test, or other selection criteria, control 20 minutes, and the gentleman ment, or appliances, low-vision devices as used by the covered entity, is shown to be from Michigan (Mr. CONYERS) and the (which do not include ordinary eyeglasses or job-related for the position in question and contact lenses), prosthetics including limbs consistent with business necessity.’’. gentleman from Wisconsin (Mr. SEN- and devices, hearing aids and cochlear im- (c) CONFORMING AMENDMENT.—Section SENBRENNER) each will control 10 min- plants or other implantable hearing devices, 101(8) of the Americans with Disabilities Act utes. mobility devices, or oxygen therapy equip- of 1990 (42 U.S.C. 12111(8)) is amended— The Chair recognizes the gentleman ment and supplies; (1) in the paragraph heading, by striking from California (Mr. GEORGE MILLER). ‘‘(II) use of assistive technology; ‘‘WITH A DISABILITY’’; and GENERAL LEAVE ‘‘(III) reasonable accommodations or auxil- (2) by striking ‘‘with a disability’’ after ‘‘in- Mr. GEORGE MILLER of California. iary aids or services; or dividual’’ both places it appears. Madam Speaker, I ask unanimous con- ‘‘(IV) learned behavioral or adaptive neuro- SEC. 6. RULES OF CONSTRUCTION. sent for all Members to have 5 legisla- logical modifications. Title V of the Americans with Disabilities tive days in which to revise and extend ‘‘(ii) The ameliorative effects of the miti- Act of 1990 (42 U.S.C. 12201) is amended— gating measures of ordinary eyeglasses or (1) by adding at the end of section 501 the their remarks and include extraneous contact lenses shall be considered in deter- following: material on H.R. 3195. mining whether an impairment substantially ‘‘(e) BENEFITS UNDER STATE WORKER’S COM- The SPEAKER pro tempore. Is there limits a major life activity. PENSATION LAWS.—Nothing in this Act alters objection to the request of the gen- ‘‘(iii) As used in this subparagraph— the standards for determining eligibility for tleman from California?

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6062 CONGRESSIONAL RECORD — HOUSE June 25, 2008 There was no objection. troduced by Majority Leader HOYER Again, I would like to give a special Mr. GEORGE MILLER of California. and Congressman JIM SENSENBRENNER, thanks to Majority Leader HOYER of Madam Speaker, I yield myself such and it remedies this problem. The bill Maryland and to Representative JIM time as I may consume. reverses the flawed court decision and SENSENBRENNER of Wisconsin for their Madam Speaker, I rise today in sup- restores the original congressional in- outstanding efforts on behalf of the port of H.R. 3195, the Americans with tent of the Americans with Disabilities Members of this House during these ne- Disabilities Act Amendments Act of Act. gotiations, to bring those negotiations 2008. H.R. 3195 clarifies the definition of a between the civil rights community, Since 1990, the Americans with Dis- ‘‘disability,’’ ensuring that anyone the disabilities community, and the abilities Act has made it possible for with a physical or with a mental im- employer community to a successful millions of productive, hardworking pairment that materially restricts a conclusion, which is embodied in this Americans to participate in our Na- major life activity is covered under legislation today. tion’s economy. Among other rights, ADA. I reserve the balance of my time. the law guaranteed that workers with In 2004, workers with disabilities lost Mr. MCKEON. Madam Speaker, I disabilities would be judged on their 97 percent of the employment cases yield myself such time as I may con- merits, not on their employer’s preju- that went to trial. There has been no sume. dices. balance in the courts, putting workers I want to associate myself with the But since the ADA’s enactment, sev- at a distinct disadvantage. Too often, remarks that Chairman MILLER just eral Supreme Court rulings have dra- these cases have turned solely on the made of thanking Leader HOYER and matically reduced the number of work- question of whether someone is an indi- Mr. SENSENBRENNER for the work that ers with disabilities who are protected vidual with a disability; too rarely they began in the last Congress and from discrimination under the law. have courts considered the merits of persevered to bring us to this point Workers with diabetes, cancer, epi- the discrimination claim itself. today. lepsy, the very workers for whom the H.R. 3195 stops the erosion of civil The Americans with Disabilities Act Americans with Disabilities Act was rights protections for people with dis- was enacted in 1990 with broad bipar- intended to protect, can be legally abilities while maintaining a reason- tisan support. Among the bill’s most fired or passed over for promotion just able solution supported by the business important purposes was the protecting because of their disability. community. of individuals with disabilities from The U.S. Chamber of Commerce In January, the Education and Labor discrimination in the workplace. Committee heard testimony from states that H.R. 3195 ‘‘represents a bal- By many measures, the law has been Carey McClure. Although he was diag- anced approach to ensure appropriate a success. I firmly believe that the em- nosed with muscular dystrophy at age coverage under ADA.’’ ployer community has taken the ADA The Human Resource Policy Associa- 15, Carey had been working as an elec- to heart with businesses adopting poli- tion, whose members employ 12 percent trician for more than 20 years. Like so cies specifically aimed at providing of the U.S. private-sector workforce, many other Americans with disabil- also supports the bill. The organization meaningful opportunities to individ- ities, Carey was able to find his way to says that the ADA amendment ‘‘would uals with disabilities. successfully perform his job and all of However, despite the law’s many suc- maintain the functionality of the life’s daily tasks despite his disability. cess stories, it is clear today that, for workplace while providing important Carey received an initial job offer protections to individuals with disabil- some, the ADA is failing to live up to from General Motors pending a phys- ities.’’ its promise. For example, the Edu- ical. During the physical, the doctor H.R. 3195 makes it clear that the cation and Labor Committee heard tes- asked Carey to hold his arms above his Americans with Disabilities Act pro- timony earlier this year from individ- head. Carey could not. The doctor tects anyone who faces discrimination uals who, I would stipulate, were in- asked how he would perform his job if on the basis of disability and that Con- tended to be covered under the original it required reaching over his head. gress intended the law to be con- ADA. But in a perverse fashion, some- Carey gave a commonsense answer: he structed broadly. one who was able to treat the effects of would use a ladder. When General Mo- Many of our Nation’s injured vet- his or her disability through medica- tors learned that Carey had a dis- erans returning from the battlefield tion or technology was left without ability, it rescinded the job offer. will also need the protections guaran- protection because they weren’t ‘‘dis- Carey challenged General Motors’ deci- teed by the ADA. When injured soldiers abled’’ enough. sion because he thought the Americans return to civilian life, whether they go I don’t think that is what the au- with Disabilities Act would protect back to a job or to school, they should thors of the original ADA intended. I him. He was wrong. The court ruled not be subject to discrimination. This don’t believe it is what we intend that, since Carey had adapted to his legislation will ensure that they will today, and I am glad that the bill be- condition by modifying the way he per- not have to fight another battle, this fore us addresses and corrects this formed everyday tasks, like washing time for their economic livelihood. issue. his hair, he was not disabled; and, The Supreme Court rulings have also Madam Speaker, we are here today therefore, was not protected by the reduced protections for students with because some individuals have been Americans with Disabilities Act. disabilities. The ADA Amendments Act left outside the scope of the act’s pro- Because of Supreme Court rulings, ensures that students with physical tections by court cases and by narrow Carey and many others are now caught and mental impairments will be free interpretations of the law. Still, others in a legal Catch-22. The court has de- from discrimination and that they will have sought to massively expand the termined that, for individuals whose have access to the accommodations law’s protections, an equally dangerous disabilities do not ‘‘prevent or severely and to the modifications they need to proposition. restrict’’ major life activities and for successfully pursue an education. Our task with this legislation is to those who mitigate their impairments This legislation has broad support: focus relief where it is needed, while through means such as hearings aids or Democrats and Republicans, businesses still maintaining the delicate balance with medications, they should not be and advocates for individuals with dis- embodied in the original ADA. considered disabled. abilities. I am pleased we were able to In the months since this bill was first In other words, an employer could work together to get to this point. introduced, I am pleased to say we fire or refuse to hire a fully qualified It is time to restore the original in- were able to do so. Because the ADA worker simply on the basis of his or tent of the ADA and to ensure that the extends its protections to so many fac- her disability, while maintaining in tens of millions of Americans with dis- ets of American life, there were four court that the worker was not ‘‘dis- abilities who want to work and to at- separate committees with the responsi- abled enough’’ to qualify for protection tend school and to participate in our bility for moving the process forward. under the law. communities will have the chance to Equally important, this compromise H.R. 3195, the legislation before us do so. I urge my colleagues to support was forged with representatives of today, a bipartisan legislation, was in- this legislation. many of the stakeholders who will be

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6063 affected by this bill. It was truly a have united behind this important to manage their disabilities are no process of give-and-take. cause and worked diligently with Mem- longer considered disabled under the For instance, even as we work to en- bers of Congress to ensure a fair and ADA Act, the courts have prevented sure the law’s protections are extended strong compromise. many with disabilities from receiving to some who are currently excluded, The American Disabilities Act, or the protections Congress intended for such as those I mentioned earlier who ADA, was truly one of the most signifi- them. were wrongly considered to be not ‘‘dis- cant pieces of civil rights legislation of H.R. 3195, the ADA Amendments Act, abled enough,’’ we define that expan- the 20th century. As someone who has would ensure that the ADA protects all sion cautiously. Through the carefully lived with the challenges of a disability people with disabilities from workplace crafted language of the bill, we will en- both before and after the ADA’s enact- discrimination by clarifying the defini- sure, for example, that someone is not ment in 1990, I have experienced first- tion of discrimination. This bill further ‘‘disabled’’ under the ADA simply be- hand the profound transformation this clarifies that individuals who are able cause he or she wears eyeglasses or law has created in our society. to manage their disabilities enough to contact lenses. That’s an important I remember well what it was like be- participate in major life activities, like limitation, and it is necessary to main- fore the passage of the ADA and where holding a job, should still be entitled to taining the intent and integrity of the accommodations were seen as personal protections from discrimination. The ADA was passed to ensure that ADA. courtesies or privileges as opposed to a all people with disabilities have equal Also importantly, this version of the civil right. I can remember what it was access and opportunities, and it’s time legislation maintains a requirement of like coming down to Washington as a that we bring back its original intent. the ADA, which is that, to be consid- young intern for Senator Pell from Today we can do that. It’s a matter of ered a disability, a physical or a men- Rhode Island and how challenging it was to find good, reasonable public ac- doing what is right. tal impairment must ‘‘substantially I urge my colleagues to support H.R. limit’’ an individual. commodations. And I remember what it was like in Rhode Island before the 3195, the ADA Amendments Act of 2008. As introduced, H.R. 3195 threatened Mr. MCKEON. Madam Speaker, I con- to gut any meaningful limitation on ADA was passed in terms of voting, and I was not able to vote independently on tinue to reserve. the ADA by simply calling any impair- Mr. GEORGE MILLER of California. my own. I had to have help in the vot- ment, no matter how trivial or minor, Madam Speaker, I yield 3 minutes to ing machine. And it wasn’t until after a disability. That was not the intent of the gentleman from New Jersey (Mr. the ADA was passed and I became Sec- Congress in 1990, nor should it be ANDREWS), a member of the committee. today. retary of State and changed our elec- (Mr. ANDREWS asked and was given Madam Speaker, I support this bill, tion system that it was truly possible permission to revise and extend his re- not because I think it is perfect but be- to vote independently on my own. marks.) The ADA has broken down countless cause I think it represents our best ef- Mr. ANDREWS. I thank my chair- barriers and helped millions of Ameri- forts to ensure that meaningful relief man for yielding. cans to flourish in their personal and will be extended to those most in need, I would like to thank and congratu- professional lives. It has also served as late him and Mr. MCKEON and Mr. SEN- while the ADA’s careful balance is a vital tool against discrimination in maintained as fully as possible. SENBRENNER and others for their hard the workplace and in public life. Unfor- work on this. Mr. HOYER in particular. In recognition of that achievement, tunately, a number of court decisions let me simply thank my colleagues on Words have meaning. And when the over the years have diluted the defini- original Americans with Disabilities both sides of the aisle for honoring our tion of what constitutes a disability, shared commitment to work together Act was enacted, the word ‘‘disability’’ effectively limiting the ADA’s cov- had a commonsense meaning. It meant on this issue that has the potential to erage and excluding from its protec- if someone had a substantial impair- touch the lives of millions of Ameri- tions people with diabetes, epilepsy, ment, mentally or physically, that cans. And I also want to thank all of muscular dystrophy, and various devel- would interfere with their ability to do the people who worked so hard—the opmental disabilities. something important, that was a dis- members of the community most af- The bill before us today reaffirms the ability. I think a hundred of Ameri- fected by this—and thank them for protections of the ADA and renews our cans, if you stopped them on the street their efforts and patience in working promise of equality for every Amer- and asked them if they agreed with with us. ican. The ADA has as its fundamental that, they would say ‘‘yes.’’ Unfortu- I reserve the balance of my time. goal the inclusion of people in all as- nately, not enough of those Americans Mr. GEORGE MILLER of California. pects of society, and I am very pleased served on the United States Supreme Madam Speaker, I yield 3 minutes to to say that the ADA Amendments Act Court, and we wound up with a tor- the gentleman from Rhode Island (Mr. brings us one step closer to that goal. tured rendition of the definition of LANGEVIN). I urge my colleagues to support this ‘‘disability’’ where people that we (Mr. LANGEVIN asked and was given bill and send a strong message that dis- clearly would think were disabled were permission to revise and extend his re- crimination in any form will never be excluded from the protections of this marks.) tolerated in this great Nation. law. Mr. LANGEVIN. Madam Speaker, I Mr. MCKEON. Madam Speaker, I re- The authors of this bill worked long rise in strong support of the ADA serve the balance of my time. and hard to clear up that confusion and Amendments Act, and I thank the gen- Mr. GEORGE MILLER of California. strike the right balance between the tleman for yielding. I want to recog- I yield 3 minutes to the gentlewoman opportunities of Americans with dis- nize the fact that this act is cham- from California (Ms. WOOLSEY). abilities and a fair set of ground rules pioned by my good friend and colleague Ms. WOOLSEY. I would like to thank for employers and other institutions in from Maryland, Majority Leader STENY the chairman for the time and for this our society. I believe this legislation HOYER. legislation that is bipartisan. clearly strikes the right balance. When Congress passed the Americans Something else is very important, b 1630 with Disabilities Act nearly two dec- too. It liberates the talents of people This crucial legislation would not ades ago, we did so to ensure that per- who have been heretofore kept out of have been possible without his leader- sons with disabilities can learn, work, the workplace and out of other institu- ship and that of Mr. SENSENBRENNER and live their lives just like everyone tions: the person in a wheelchair who and so many of my other colleagues, else. People with disabilities just want might be the best computer pro- and I thank all of them for their tire- the same opportunities as everyone grammer, the blind person who might less efforts to ensure the continued in- else. And if their disabilities can be be the best financial analyst, the per- clusion and protection of people with reasonably accommodated, we must son with tuberculosis who might be the disabilities in our society. make it possible and make sure that best financial planner or health care I would also like to extend my grati- they are given the chance to do so. technician. The talents of these indi- tude to all of the advocates of dis- By saying that people with disabil- viduals have too often been kept out of ability and business communities who ities who use medication or prosthetics the fray.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6064 CONGRESSIONAL RECORD — HOUSE June 25, 2008 This bill will put them back in the Mr. GEORGE MILLER of California. That’s what happened to Mary Ann fray, put them back on the playing Madam Chairman, does the gentleman Pimental, a nurse with breast cancer field and help not only Americans with from California have any further who challenged her employer’s failure a disability but all of us who will ben- speakers? to rehire her into her position when efit from the liberation of their talent. Mr. MCKEON. We have one more. she returned from treatment. Ms. I congratulate the authors and urge a They’re not here yet. I reserve my Pimental was told by the court that ‘‘yes’’ vote on this necessary and im- time. her cancer was not a disability and portant piece of legislation. Mr. GEORGE MILLER of California. that she was not covered by the ADA. Mr. MCKEON. Madam Speaker, I am If we can reserve our time and let Judi- The court recognized that ‘‘there is no happy to yield at this time to the Re- ciary go ahead and start using their question that her cancer has dramati- publican whip, who was so important time. cally affected her life, and that the as- in getting this bill here to the floor, The SPEAKER pro tempore. The gen- sociated impairment has been real and such time as he may consume, the gen- tleman from California (Mr. MCKEON) extraordinarily difficult for her and her tleman from Missouri (Mr. BLUNT). continues to reserve, and the gen- family.’’ Yet the court still denied her Mr. BLUNT. Madam Speaker, I am tleman from California (Mr. GEORGE coverage because it characterized the grateful to the gentleman for yielding MILLER) continues to reserve. impact of her cancer ‘‘short-lived’’— me the time and the hard work he and The Chair recognizes the gentleman meaning that it ‘‘did not have a sub- Mr. SENSENBRENNER have done to bring from Michigan. stantial lasting effect’’ on her. this bill to this point. Mr. CONYERS. Thank you, Madam Mary Ann Pimental died as a result Certainly, this bill does a lot to re- Speaker. of her breast cancer 4 months after the store the original intention of the Con- It is a pleasure to join the Education court issued its decision. I am sure gress as to what the Congress had and Labor Committee. I would like to that her husband and two children dis- hoped at the time that the Americans begin by recognizing the chairman of agreed with the court that her cancer with Disabilities Act would be. I am the Constitution Committee on Judici- was short-lived and not sufficiently pleased to be a cosponsor of the bill ary which held the hearings on the bill permanent. that’s on the floor today. I think it in the Judiciary Committee. I yield, This bill ensures that individuals like strikes the right balance between pro- therefore, to the gentleman from New Mary Ann Pimental are covered by the tection for individuals with disabilities York, JERRY NADLER, for 3 minutes. law when they need it. The bill re- and the obligations of the requirements Mr. NADLER. I thank the gentleman. quires the courts—and the Federal Madam Speaker, I want to commend of employers themselves. agencies providing expert guidance—to the distinguished majority leader and Ultimately, that partnership is the lower the burden for obtaining cov- the gentleman from Wisconsin (Mr. partnership that makes the most of erage under this landmark civil rights SENSENBRENNER) as well as the chair- people in the workplace and the skills law. This new standard is not onerous man of the Judiciary Committee and they bring to the workplace. This en- and is meant to reduce needless litiga- the chairman of the Education and sures that people with disabilities, tion over the threshold question of cov- Labor Committee for their leadership whom the Congress intended to cover erage. by the original Americans with Dis- on this important legislation. It is our sincere hope that, with the abilities Act long before I came to Con- This bill would help to restore the passage of this bill, we will finally be gress, are now covered, as I understand Americans with Disabilities Act to its able to focus on the important ques- it, by these changes, and that’s impor- rightful place among this Nation’s tions: Is an individual qualified? Might tant. It is better when there is a con- great civil rights laws. a reasonable accommodation afford This legislation is long overdue. flict between the courts and the Con- that person the same opportunities Countless Americans with disabilities gress for the Congress to come back that his or her neighbors enjoy? and say, ‘‘No, that’s not what we have already been deprived of the op- I therefore urge my colleagues to join meant. This is what we meant, and this portunity to prove that they have been me in voting for passage of H.R. 3195 as is what we hope to happen in the coun- victims of discrimination, that they reported unanimously by the Judiciary try.’’ are qualified for a job, or that a reason- Committee. I thank everyone associ- This prohibits consideration of miti- able accommodation would afford them ated with its passage. gating circumstances in the determina- an opportunity to participate fully at Madam Speaker, I want to commend the tion of whether an individual has a dis- work and in community life. distinguished majority leader and gentleman ability. Of course, it continues to allow This bill fixes the absurd Catch-22 from Wisconsin, Mr. SENSENBRENNER, for their the normal eyeglasses and contacts and created by the Supreme Court in which leadership on this important legislation. things like that as an exception in an individual can face discrimination H.R. 3195 would help to restore the Ameri- those circumstances. on the basis of an actual past or per- cans with Disabilities Act to its rightful place Most of all, Madam Speaker, this bill ceived disability and yet not be consid- among this Nation’s great civil rights laws. puts people to work. This bill creates ered sufficiently disabled to be pro- This legislation is necessary to correct Su- opportunity. This bill creates a work- tected against that discrimination by preme Court decisions that have created an place where the skills people can bring the ADA. That was never Congress’ in- absurd Catch-22 in which an individual can to the workplace are maximized, not tent, and this bill cures this problem. face discrimination on the basis of an actual, minimized, where what they add to the Some of my colleagues from across past, or perceived disability and yet not be total product of America makes Amer- the aisle have raised concerns that this considered sufficiently disabled to be pro- ica a more productive country and for bill might cover minor or trivial condi- tected against that discrimination by the ADA. them establishes a totally different set tions. They worry about covering That was never Congress’s intent, and H.R. of goals, a set of aspirations, a set of stomachaches, the common cold, mild 3195 cures this problem. ways that they look at the world every seasonal allergies, or even a hangnail. I H.R. 3195 lowers the burden of proving that day and brings their skills in new ways have yet to see a case where the ADA one is disabled enough to qualify for cov- to the workplace. covered an individual with a hangnail. erage. It does this by directing courts to read Madam Speaker, I am pleased to sup- But I have seen scores of cases where the definition broadly, as is appropriate for re- port this bill. I urge my colleagues to the ADA was construed not to cover in- medial civil rights legislation. It also redefines do the same and think that the ap- dividuals with cancer, epilepsy, diabe- the term ‘‘substantially limits,’’ which was re- proach we’ve taken here of the Con- tes, severe intellectual impairment, strictively interpreted by the courts to set a de- gress itself going back and trying to HIV, muscular dystrophy, and multiple manding standard for qualifying as disabled. clarify what the Congress meant is cer- sclerosis. An individual now must show that his or her tainly better than letting the court de- These people have too often been ex- impairment ‘‘materially restricts’’ performance termine perpetually what the Congress cluded because their impairment, how- of major life activities. While the impact of the intended to do. ever serious or debilitating, was impairment must still be important, it need not The SPEAKER pro tempore. The gen- mischaracterized by the courts as tem- severely or significantly restrict one’s ability to tleman from California (Mr. GEORGE porary or its impact considered too engage in those activities central to most peo- MILLER) has 7 minutes remaining. short-lived and not permanent enough. ple’s daily lives, including working.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6065 Under this new standard, for example, it the definition of disability broadly, as is appro- tion of disability is to be interpreted should be considered a material restriction if priate for remedial civil rights legislation. H.R. broadly. Another important change an individual is disqualified from his or her job 3195 requires the courts—and the Federal clarifies that the ameliorative efforts of choice because of an impairment. An indi- agencies providing expert guidance—to lower of mitigating measures are not to be vidual should not need to prove that he or she the burden for obtaining coverage under this considered in determining whether a is unable to perform a broad class or range of landmark civil rights law. This new standard is person has a disability. This provision jobs. We fully expect that the courts, and the not onerous, and is meant to reduce needless eliminates the Catch-22 that currently Federal agencies providing expert guidance, litigation over the threshold question of cov- exists, as described by the gentleman will revisit prior rulings and guidance and ad- erage. from New York (Mr. NADLER), where just the burden of proving the requisite ‘‘mate- It is our sincere hope that, with less battling individuals subjected to discrimination rial’’ limitation to qualify for coverage. over who is or is not disabled, we will finally on the basis of their disabilities are un- This legislation is long overdue. Countless be able to focus on the important questions— able to invoke the ADA’s protections Americans with disabilities have already been is an individual qualified? And might a reason- because they are not considered people deprived of the opportunity to prove that they able accommodation afford that person the with disabilities when the effects of have been victims of discrimination, that they same opportunities that his or her neighbors their medication or other interventions are qualified for a job, or that a reasonable ac- enjoy. are considered. commodation would afford them an oppor- I urge my colleagues to join me in voting for It is important to note that this bill tunity to participate fully at work and in com- passage of H.R. 3195, as reported unani- is not one-sided. It is a fair product munity life. mously by the House Judiciary Committee. that is workable for employers and Some of my colleagues from across the b 1645 businesses. The bill contains the re- aisle have raised concerns that this bill would quirement that an impairment be de- cover ‘‘minor’’ or ‘‘trivial’’ conditions. They Mr. SENSENBRENNER. Madam fined as one that substantially limits a worry about covering ‘‘stomach aches, the Speaker, I yield myself such time as I major life activity in order to be con- common cold, mild seasonal allergies, or even may consume. sidered a disability. There is also an a hangnail.’’ Madam Speaker, 18 years have passed exception in the mitigating measures I have yet to see a case where the ADA since President George H.W. Bush provision for ordinary eyeglasses and covered an individual with a hangnail. But I signed the Americans with Disabilities contact lenses. Further, the bill ex- have seen scores of cases where the ADA Act into law. While that bill struck cludes from coverage impairments that was construed not to cover individuals with down many barriers affecting disabled are transitory and minor. cancer, epilepsy, diabetes, severe intellectual Americans, its potential has yet to be The ADA has been one of the most ef- impairment, HIV, muscular dystrophy, and realized. This is due to a number of Su- fective civil rights laws passed by Con- multiple sclerosis. preme Court decisions that have re- gress. Its continued effectiveness is These people have too often been excluded stricted ADA coverage for people suf- paramount to ensuring that the trans- because their impairment, however serious or fering from illnesses such as diabetes, formation that our Nation has under- debilitating, was mis-characterized by the epilepsy, and cancer, to name a few. gone and continues in the future and courts as temporary, or its impact considered Today, this House takes the first step that the guarantees and promises on too short-lived and not permanent enough—al- to finally secure the full promise of the which this country was established though it was serious enough to cost them the original bill. continue to be recognized on behalf of job. The bill that the House is voting on all of its citizens. That’s what happened to Mary Ann this afternoon has undergone a number I appreciate Majority Leader HOYER’s Pimental, a nurse who was diagnosed with of changes since I first introduced it in efforts to bring the ADA Amendments breast cancer after being promoted at her job. the 109th Congress. Today’s ADA Act to the floor, and I encourage my Mrs. Pimental had a mastectomy and under- Amendments Act of 2008 is a com- colleagues to vote in favor of it. went chemotherapy and radiation therapy. She promise that has the support of a broad Finally, I’d like to pay tribute to my suffered radiation burns and premature meno- and balanced coalition. Business wife, Cheryl, who is the national chair- pause. She had difficulty concentrating, and groups such as the U.S. Chamber of man of the board of the American As- experienced extreme fatigue and shortness of Commerce, the HR Policy Association, sociation for People with Disabilities. breath. And when she felt well enough to re- and the National Association of Manu- Her tireless efforts have really spread turn to work, she discovered that her job was facturers all back this bill. In addition, the word amongst many Members of gone and the only position available for her advocates for the disability commu- this House and a few of the other body was part-time, with reduced benefits. nity, including the American Associa- that this legislation is necessary so When Ms. Pimental challenged her employ- tion of People with Disabilities, the that people like her do not have bar- er’s failure to rehire her into a better position, Epilepsy Foundation, and the National riers in terms of seeking employment. the court told her that her breast cancer was Disability Rights Network, join in sup- And I appreciate, also, my colleagues not a disability and that she was not covered port. on both sides of the aisle listening to by the ADA. The court recognized the ‘‘terrible Majority Leader HOYER and I intro- her, even when they didn’t have a effect the cancer had upon’’ her and even said duced the ADA Restoration Act last choice. that ‘‘there is no question that her cancer has summer. We did so to enable disabled I reserve the balance of my time. dramatically affected her life, and that the as- Americans utilizing the ADA to focus Mr. CONYERS. Madam Speaker, I am sociated impairment has been real and ex- on the discrimination that they have pleased to recognize the distinguished traordinarily difficult for her and her family.’’ experienced rather than having to first majority leader, who was an original Yet the court still denied her coverage under prove that they fall within the scope of sponsor of the bill some 18 years ago, the ADA because it characterized the impact the ADA’s protection. Today’s bill for 1 minute. of her cancer as ‘‘short-lived’’—meaning that it makes it clear that Congress intended Mr. HOYER. I thank the distin- ‘‘did not have a substantial and lasting effect’’ the ADA’s coverage to be broad and to guished chairman of the Judiciary on her. cover anyone who faces unfair dis- Committee for yielding, and I thank Mary Ann Pimental died as a result of her crimination because of a disability. To him for his efforts. breast cancer 4 months after the court issued that end, we are submitting for the I want to thank his staff, as well, its decision. I am sure that her husband and RECORD a statement outlining our legal who have been extraordinary. Heather, two children disagree with the court’s charac- intent and analysis of the new defini- in particular, has had her virtues re- terization of her cancer as ‘‘short-lived,’’ and tion, as changed by the ADA Amend- galed by Dr. Abouchar of my staff, and not sufficiently permanent. ments Act of 2008. I thank her. This House should also disagree—and The ADA Amendments Act makes I want to thank JIM SENSENBRENNER. does—as is shown by the broad bipartisan changes to the original ADA, the pri- I want to thank Cheryl, as well, who support for H.R. 3195. mary one being that it will be easier has been an extraordinary help on the H.R. 3195 ensures that individuals like Mary for people with disabilities to qualify Americans with Disabilities Act and Ann Pimental are covered by the law when for protection under the ADA. This is with this Restoration Act. She has they need it. It directs the courts to interpret done by establishing that the defini- been a giant in her leadership. And I

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6066 CONGRESSIONAL RECORD — HOUSE June 25, 2008 want to thank JIM SENSENBRENNER, In large measure, President Bush was The discrimination, of course, was de- with whom I’ve worked now for many right. Those doors have, in fact, come termining that somebody had epilepsy, years on this issue, and he has been, of open. Tens of millions of Americans and notwithstanding their ability to course, a giant, as chairman of the Ju- with disabilities now enjoy rights the perform the job in question, that they diciary Committee in years past and rest of us have long taken for granted: would not be hired. That is the essence one of the senior Members of this The right to use the same streets, thea- of discrimination. House, extraordinarily helpful and a ters, restrooms, or offices; the right to That is what we sought to preclude, partner in this effort. prove themselves in the workplace, to and I want to again congratulate the I also want to thank BUCK MCKEON, succeed on their talent and drive alone. business community and the disabil- the ranking member. At the time we We all understand why there are cuts ities community for coming together testified, he said, you know, we want in the sidewalk at every street corner, on legislation that will right that mis- to see this pass but we want to work kneeling buses on our city streets, ele- interpretation because none of what together and make sure we can all be vators on the Metro, ramps at movie has been held was our intent. for it. And I assured him that we would theaters, and accessible restrooms and We are here today because a truly do that, and I was pleased today that handicapped parking almost every- wide coalition—members of the dis- he said, in fact, we had done that. And where. By now, they have become part ability community ready to claim I think the result that we will see in of our lives’ fabric. And we wouldn’t their equal share, Members of both par- the vote will show that clearly. And I have it, I think, any other way, be- ties who were tired of seeing constitu- thank him for his work and effort and cause each one is the sign of a pledge, ents shut out, and business groups good faith in working towards a bill the promise of an America that ex- eager to unlock new pools of talent—an that we could all support. cludes none of its people from our alliance as broad as the one that joined I want to thank GEORGE MILLER, the shared life and opportunities. forces to pass the original ADA, has chairman of the Education and Labor That was the promise of the ADA. come together to help the courts get Committee, whose committee had pri- That was the promise of the ADA that this right. I know some of them are mary jurisdiction over this bill, for his President George Bush signed on July watching, and I want to thank them, efforts in assuring that this bill moves 26, 1990. But looking back 18 years, the through my colleagues and through the forward. hard truth is that we were, in some Speaker, for their efforts. Madam Speaker, I would like to sub- ways, perhaps too optimistic. With the ADA Amendments Act, we mit for the RECORD a list of people, The door President Bush spoke of is make it clear today that a cramped particularly in the disabilities commu- still not entirely open, and every year, reading of disability rights will be re- nity and also in the business commu- millions of us are caught on the wrong placed with a definition that is broad nity, who spent countless hours, days, side. In interpreting the law over these and fair—fair to the disability commu- weeks and, yes, even months trying to 18 years, the courts have consistently nity and fair to the business commu- come to an agreement on a bill that chipped away at Congress’ very clear nity—that those who manage to miti- both the business community and the intent, and I know what the intent was gate their disabilities are still subject disability community would feel com- because I was there as so many of you to discrimination and still entitled to fortable with. We have accomplished were. redress, and that those regarded as I know that many of my colleagues that, but it was the work of these peo- having disability are equally at risk were as well, and I know that they ple as well who did that, and I would and deserve to be equally protected. submit this at this time in the RECORD share my disappointment in a series of I am proud, Madam Speaker, to have to thank them for their efforts and narrow rulings that have had the effect worked for so long with my colleague their success which they are so respon- of excluding millions of Americans JIM SENSENBRENNER, as I said earlier. sible for today. from the law’s protection for no good reason. We said we wanted broad cov- He has been a leader in advancing this PEOPLE TO RECOGNIZE legislation, and we’ve joined together Chai Feldblum, Georgetown University; erage for people with disabilities and people regarded as disabled, but the to submit for the RECORD a legal anal- Former U.S. Rep. Tony Coelho; Former U.S. ysis of the bill that we’ve worked so Rep. Steve Bartlett; Sandy Finucane, Epi- courts narrowed that coverage with a lepsy Foundation; Andy Imparato, American ‘‘strict and demanding standard,’’ a se- hard to bring to fruition. Association of People with Disabilities; verely restrictive measure that vir- And I want to thank my good friend, Randy Johnson, Mike Eastman, U.S. Cham- tually excluded entire classes of peo- former Congressman Tony Coelho for ber of Commerce; John Lancaster, National ple, even though we had specifically originally enlisting me in this effort. Council on Independent Living; Mike Peter- Very frankly, Tony is one of my very son, HR Policy Association; Curt Decker, mentioned their impairments as ob- jects of the law’s protections. close friends, and when he left the Con- National Disability Rights Network; gress, the ADA had not yet been ac- Jeri Gillespie, Ryan Modlin, National As- Civil rights acts have historically sociation of Manufacturers; Nancy Zirkin, been urged to be interpreted liberally complished. But it was his leadership Lisa Borenstein, Leadership Conference on to accomplish their objective of pro- that got it to the point where, in fact, Civil Rights; Mike Aitken, Mike Layman, tecting the rights of individuals. Unfor- we could proceed, and he gave me the Society for Human Resource Management; tunately, in this instance, the courts responsibility of ensuring its passage. Abby Bownas, American Diabetes Associa- did not follow that premise. Working with GEORGE MILLER and tion; Jennifer Mathis, Bazelon Center for We never expected that people with JOHN CONYERS and JIM OBERSTAR and Mental Health Law; Kevin Barry, George- disabilities who worked to mitigate so many others, we were able to accom- town University; Jim Flug, Georgetown Uni- plish that objective. But Tony Coelho versity; Claudia Center, Employment Law their conditions would have their ef- Center; Shereen Arent, American Diabetes forts held against them. Imagine, was our leader on this effort, and very Association; Brian East, Advocacy Inc. somebody with epilepsy who takes frankly, Madam Speaker, our former Madam Speaker, 18 years ago next medication to preclude seizures would whip remains our leader today. month, the first President Bush signed be told that we’re not going to hire you Finally, it is my honor to dedicate into law one of the most consequential because you have epilepsy, but then be this bill to the late Justin Dart, the pieces of civil rights legislation in re- told by the court that that was not dis- pioneering disability advocate and in- cent memory, in over a quarter of a crimination because prescription drugs spiration behind the ADA, as well as to century in fact. In the ceremony on the mitigated the ability or the disability his wife, Yoshiko Dart. south lawn of the White House Presi- that you had. No one on this floor Madam Speaker, few kinds of dis- dent Bush said this: would have thought in their wildest as- crimination, in all of our history, have ‘‘With today’s signing of the land- sertions that that would be an inter- been more widespread than the exclu- mark Americans with Disabilities Act, pretation. sion of those with disabilities. But it every man, woman, and child with a The courts did exactly that, however, was America, America that passed a disability can now pass through once- throwing their cases out on the pioneering law to help end that exclu- closed doors into a bright new era of grounds that they were no longer dis- sion. We were the first in the world to equality, independence, and freedom.’’ abled enough to suffer discrimination. do so.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6067 b 1700 many as extending the protections of the sion is intended to reject the reasoning of ADA beyond those that Congress originally court decisions concluding that certain indi- We were the world’s model on this intended to provide. viduals with certain conditions—such as epi- central challenge to human rights. In order to craft a more balanced bill with lepsy or post traumatic stress disorder—were Eighteen years later, we cannot afford broad support, we urged that representatives not protected by the ADA because their con- to fall behind. of the disability and business communities ditions were episodic or intermittent. Let us pass this bill and bring us one enter into negotiations to try to reach an ac- Fourth, the bill provides for broad cov- step closer to the days when the fruits ceptable compromise. We maintained con- erage under the ‘‘regarded as’’ prong of the of life in America are at last available tact with these communities over the course definition of disability. It clarifies that an to all. of their negotiations and supported them in individual can establish coverage under the their efforts to understand the needs and Mr. GEORGE MILLER of California. ‘‘regarded as’’ prong by establishing that he concerns of each community. After several or she was subjected to an action prohibited Will the gentleman yield? months of intensive discussions, negotiators by the ADA because of an actual or perceived Mr. HOYER. I will yield to my friend. for the two communities reached consensus impairment, whether or not the impairment Mr. GEORGE MILLER of California. on a set of protections for people with dis- limits or is perceived to limit a major life I thank the gentleman for yielding, and abilities that garnered broad support from activity. This provision does not apply to certainly thank him for all his leader- both communities. These protections would impairments that are both transitory (last- ship on this bill. But I want to thank significantly expand the group of individuals ing six months or less) and minor. him on behalf of the Chairs and the protected by the ADA beyond what the The purpose of the broad ‘‘regarded as’’ courts have held, while at the same time en- ranking members of the two commit- provision is to reject court decisions that suring that the expansion does not extend had required an individual to establish that tees, you and Mr. SENSENBRENNER, for beyond the original intent of the ADA. a covered entity perceived him or her to the leadership that you both provided This compromise formed the basis of the have an impairment that substantially lim- throughout these difficult and vision- amendment in the nature of a substitute for ited a major life activity. This provision is ary negotiations to restore this act to H.R. 3195 that was voted out of the House designed to restore Congress’s intent to the place that it should be. I just want Education and Labor and Judiciary Commit- allow individuals to establish coverage under to publicly, on behalf, I think, of every- tees with overwhelming support on June 18, the ‘‘regarded as’’ prong by showing that body in the Congress, thank you and 2008. The substitute bill was reported out of they were treated adversely because of an the Education and Labor Committee by a Mr. SENSENBRENNER for your leadership impairment, without having to establish the vote of 43–1, and out of the Judiciary Com- on this. covered entity’s beliefs concerning the sever- mittee by a vote of 27–0. ity of the impairment. Mr. HOYER. I thank the chairman on THE PROVISIONS OF THE COMMITTEE Impairments that are transitory and minor behalf of Mr. SENSENBRENNER and my- SUBSTITUTE TO H.R. 3195 are excluded from coverage in order to pro- self, and for all those who have been in- The primary purpose of H.R. 3195, as vide some limit on the reach of the ‘‘re- volved in this effort. amended by the committee substitute, is to garded as’’ prong. The intent of this excep- JOINT STATEMENT OF REPRESENTATIVES make it easier for people with disabilities to tion is to prevent litigation over minor ill- HOYER AND SENSENBRENNER ON THE ORIGINS qualify for protection under the ADA. The nesses and injuries, such as the common OF THE ADA RESTORATION ACT OF 2008, H.R. bill does this in several ways. First, it estab- cold, that were never meant to be covered by 3195 lishes that the definition of disability must the ADA. On September 29, 2006, we introduced H.R. be interpreted broadly to achieve the reme- A similar exception is not necessary for 6258, entitled the Americans with Disabil- dial purposes of the ADA. The bill rejects the the first two prongs of the definition of dis- ities Act Restoration Act of 2006. This bill Supreme Court’s holdings that the ADA’s ability as the functional limitation require- was a response to decisions of the Supreme definition of disability must be read ‘‘strict- ment adequately prevents claims by individ- Court and lower courts narrowing the group ly to create a demanding standard for quali- uals with ailments that do not materially re- of people whom Congress had intended to fying as disabled,’’ and that an individual strict a major life activity. In other words, protect under the Americans with Disabil- must have an impairment that ‘‘prevents or there is no need for the transitory and minor ities Act (ADA). The Supreme Court had in- severely restricts the individual from doing exception under the first two prongs because terpreted the ADA to impose a ‘‘demanding’’ activities that are of central importance to it is clear from the statute and the legisla- standard for coverage. It had also held that most people’s daily lives’’ in order to qualify tive history that a person can only bring a the ameliorative effects of ‘‘mitigating for protection. The bill also provides a new claim if the impairment substantially limits measures’’ that people use to control the ef- definition of ‘‘substantially limits’’ to make one or more major life activities or the indi- fects of their disabilities must be considered clear Congress’s intent to depart from the vidual has a record of an impairment that in determining whether a person has an im- standard applied by the Supreme Court in substantially limits one or more major life pairment that substantially limits a major Toyota Motor Mfg. of Kentucky, Inc. v. Wil- activities. life activity and is protected by the ADA. liams, 534 U.S. 184, 197 (2002), and to apply a The bill also provides that a covered entity This holding was contrary to Congress’s stat- lower standard. has no obligation to provide reasonable ac- ed intent in several committee reports. Second, the bill provides that the amelio- commodations, or reasonable modifications We introduced H.R. 6258, which was de- rative effects of mitigating measures are not to policies, practices or procedures, for an in- signed to reverse these holdings, at the end to be considered in determining whether a dividual who qualifies as a person with a dis- of the 2006 legislative session. We intended person has a disability. This provision is in- ability solely under the ‘‘regarded as’’ prong. this bill to serve as a marker of our intent to tended to eliminate the catch-22 that exists Under current law, a number of courts have introduce future legislation to address this under current law, where individuals who are required employers to provide reasonable ac- issue. On July 26, 2007, we introduced similar subjected to discrimination on the basis of commodations for individuals who are cov- legislation, H.R. 3195, the ADA Restoration their disabilities are frequently unable to in- ered solely under the ‘‘regarded as’’ prong. Act of 2007, which ultimately garnered over voke the ADA’s protections because they are Fifth, the bill modifies the ADA to con- 240 cosponsors. A nearly identical bill, S. not considered people with disabilities when form to the structure of Title VII and other 1881, was introduced in the Senate on the the effects of their medication, medical sup- civil rights laws by requiring an individual same day by Senators Harkin and Specter. plies, behavioral adaptations, or other inter- to demonstrate discrimination ‘‘on the basis H.R. 3195 as introduced would have amend- ventions are considered. The one exception of disability’’ rather than discrimination ed the ADA to provide protection for any in- to the rule about mitigating measures is ‘‘against an individual with a disability’’ be- dividual who had a physical or mental im- that ordinary eyeglasses and contact lenses cause of the individual’s disability. We hope pairment or a record of such an impairment, are to be considered in determining whether this will be an important signal to both law- or who was treated as having such an impair- a person has a disability. The rationale be- yers and courts to spend less time and en- ment. The purpose of this legislation was to hind this exclusion is that the use of ordi- ergy on the minutia of an individual’s im- restore the intent of Congress to cover a nary eyeglasses or contact lenses, without pairment, and more time and energy on the broad group of individuals with disabilities more, is not significant enough to warrant merits of the case—including whether dis- under the ADA and to eliminate the problem protection under the ADA. crimination occurred because of the dis- of courts focusing too heavily on whether in- Third, the bill provides that an impair- ability, whether an individual was qualified dividuals were covered by the law rather ment that is episodic or in remission is a dis- for a job or eligible for a service, and wheth- than on whether discrimination occurred. ability if it would substantially limit a er a reasonable accommodation or modifica- The bill as introduced, however, was seen by major life activity when active. This provi- tion was called for under the law.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6068 CONGRESSIONAL RECORD — HOUSE June 25, 2008 In exchange for the enhanced coverage af- geted toward the academic setting and not ‘‘We prohibit the consideration of forded by these provisions, the bill contains the employment sector. measures that might lessen the impact important limitations that will make the Second, a concern has been raised about of an impairment—medication, insulin, bill workable from the perspective of busi- whether the bill changes current law with re- a hearing aid.’’ nesses that are governed by the law. We have spect to the duration that is required for an What kind of persons are on the Su- already noted some of these limitations: impairment to substantially limit a major there is an exception in the mitigating meas- life activity. The bill makes no change to preme Court of the United States that ures provision for ordinary eyeglasses and current law with respect to this issue. The have some difficulty understanding contact lenses, and the ‘‘regarded as’’ provi- duration of an impairment is one factor that that if you have to use a hearing aid, sion includes two important limitations, as is relevant in determining whether the im- that does not lessen the nature of the described above. pairment substantially limits a major life disability? That’s earlier than first Of key importance, the bill retains the re- activity. Impairments that last only for a year law school. I mean, what was quirement that a person’s impairment must short period of time are typically not cov- going on in the majority of the mem- substantially limit a major life activity in ered, although they may be covered if suffi- bers’ minds? order to be considered a disability. ‘‘Sub- ciently severe. Second, ‘‘substantially limits’’ stantially limits’’ has been defined as ‘‘mate- Third, some have raised questions about they’ve transferred to mean ‘‘materi- rially restricts’’ in order to communicate to whether the bill’s provisions relating to the courts that we believe that their inter- mitigating measures would require employ- ally restricts’’ and instructs the court pretation of ‘‘significantly limits’’ was ers to provide certain mitigating measures that these words must be interpreted stricter than we had intended. On the sever- as accommodations. This bill’s provisions broadly and not restrictively. ity spectrum, ‘‘materially restricts’’ is are intended to clarify the definition of dis- Now the history of civil rights and meant to be less than ‘‘severely restricts,’’ ability, not to alter current rules on provi- voter rights law in this Congress in the and less than ‘‘significantly restricts,’’ but sion of reasonable accommodations. 20th and 21st century deals with the more serious than a moderate impairment Fourth, the bill’s language requiring that understood directive that the law in which would be in the middle of the spec- qualification standards, employment tests, these cases is to be interpreted gen- trum. or other selection criteria based on uncor- erally and liberally, and here they did The key point in establishing this standard rected vision must be job related for the po- is that we expect this prong of the definition sition in question and consistent with busi- just the opposite. This disability law is to be used only by people who are affirma- ness necessity is not intended to change cur- essentially a civil rights matter, and tively seeking reasonable accommodations rent interpretations of whether a qualifica- they chose to ignore that. And so we or modifications. Any individual who has tion standard based on a government re- had to correct it. We had to say, Su- been discriminated against because of an im- quirement or regulation is job related for the preme Court, your attention, please. pairment—short of being granted a reason- position in question and consistent with This is civil rights law, and so it’s not able accommodation or modification—should business necessity. to be interpreted as narrowly as you be bringing a claim under the third prong of Passage of the ADA Amendments Act is a can, but as liberally as you can. the definition which will require no showing great moment in this country’s history. We And then the third thing we chose to with regard to the severity of his or her im- would like to thank all the individuals who correct was the entire notion that the pairment. However, for an individual who is worked so hard on these negotiations, and to asking an employer or a business to make a thank the thousands of individuals and busi- disability law covers anyone who ei- reasonable accommodation or modification, nesses who care about making this country a ther experiences discrimination be- the bill appropriately requires that the indi- fair and equitable place for people with dis- cause someone believes them to be dis- vidual demonstrate a level of seriousness of abilities. abled, whether they are not or whether the impairment—that is, that it materially Mr. SENSENBRENNER. Madam they actually are. It doesn’t make any restricts a major life activity. difference. In other words, it is to be The bill also retains the requirement in Speaker, I reserve the balance of my time. liberally interpreted. Title I of the ADA that an individual must And so we go into a very challenging be ‘‘qualified’’ for the position in question. Mr. GEORGE MILLER of California. period of American history with an The original version of H.R. 3195 contained Madam Speaker, I reserve the balance language which could have been interpreted of my time. election coming up, and we’ve got a Su- preme Court that we have to con- to alter the burden-shifting analysis con- Mr. MCKEON. Madam Speaker, cerning whether an individual is ‘‘qualified’’ might I inquire of the time that we stantly remind how to interpret civil under the ADA. The substitute bill makes rights laws. This is not a comforting each have remaining. clear that there was no intent to place a circumstance for your chairman of Ju- The SPEAKER pro tempore. The gen- greater burden on the employer and that the diciary—I don’t think for the ranking tleman from California (Mr. MCKEON) burdens remain the same as under current member of Judiciary either, if I might has 13 minutes. The gentleman from law. add. California (Mr. GEORGE MILLER) has 7 ADDITIONAL LEGAL ISSUES There are those writing about the minutes. The gentleman from Michi- We would like to clarify the intent of the Supreme Court these days, and one gan (Mr. CONYERS) has 6 minutes. The bill with respect to particular legal issues. such commentator, Professor Rosen of gentleman from Wisconsin (Mr. SEN- First, some higher education trade associa- Georgetown—‘‘Today, however, there tions have raised questions about whether SENBRENNER) has 51⁄2 minutes. are no economic populists on the the bill will eviscerate academic standards. Mr. CONYERS. Madam Speaker, I Court, even on the liberal wing. Ever This bill will have absolutely no effect on yield myself as much time as I may since John Roberts was appointed Chief the ability of higher education institutions consume. to set academic standards. It addresses only Justice in 2005, the Court has seemed This measure raises some very inter- the standards for determining who qualifies only more receptive to business con- esting questions from the point of view as an individual with disability, and not the cerns. Forty percent of the cases the of the Judiciary Committee. I begin by standards for determining whether an ac- Court heard last term involved busi- noting that the chairman emeritus of commodation or modification is required in ness interests, up from around 30 per- a particular setting or context. It has always the Judiciary Committee, JIM SENSEN- cent in recent years.’’ been, and it remains the law today under BRENNER, had always had a very abid- this bill, that an academic institution need The SPEAKER pro tempore. The ing interest in this matter. But we time of the gentleman has expired. not make modifications that would fun- have a curious problem. Somebody is damentally alter the essential requirements Mr. GEORGE MILLER of California. of a program of study. The particular con- going to ask, how could a United I yield the gentleman an additional 1 cerns of educational institutions in ensuring States Supreme Court—a bill passed minute. that students meet appropriate academic overwhelmingly bipartisan in 1990—and Mr. CONYERS. I thank the chairman standards are, of course, relevant in deter- then in 1999 simultaneously give not of Education and Labor. mining whether a requested modification is one or two, but three decisions slam- The closing example: reasonable in an educational setting. ming some very fundamental interests ‘‘While the Rehnquist Court heard There have been particular concerns with that we had when the bill was passed? less than one antitrust decision a year the way that specific learning disabilities There wasn’t anything complicated or on average, the Roberts Court has have been treated in the academic context, and that individuals are not receiving appro- ambiguous about the bill that was heard seven antitrust cases in the first priate accommodations. The Education and passed in this Congress in 1990. And we two terms, and all of them were de- Labor Committee Report’s discussion of spe- are now here fixing the three problems cided in favor of the corporate defend- cific learning disabilities is specifically tar- that these decisions brought forward. ants.’’

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6069 Now, look. They must know that Mr. MORAN of Kansas. Madam b 1715 some people over here read and review Speaker, I thank the gentleman from The bill is better for it. their decisions. It means that we have California (Mr. MCKEON) for yielding I also want to recognize the stake- to be even more alert on the questions me time today, and I rise in support of holders who came to the negotiating that have brought this measure before H.R. 3195. table and helped us to reach consensus. the House today for its disposal. In my world, in the way I look at life, It’s often said that true compromise I’m very proud of the bipartisan as- all human beings, because we’re cre- leaves no one with exactly what they pect. I don’t want to give too much ated by the same God, are entitled to wanted. I expect that is the case today. praise to the chairman emeritus of the respect and dignity. In our framework There are those who fear we have ex- committee, but he did a very good job in our country, our Constitution pro- panded the reach of the ADA too far, in this regard. vides that we are entitled to certain and there are others who would have Mr. MCKEON. Madam Speaker, I am rights. One of those, as I see it, is the preferred us to go further. But on the happy to yield now to the gentleman right to an opportunity to succeed. whole, we have found common ground from Delaware, ranking member of the So I’m pleased that our country, in that will allow us to extend strong, K–12 Education Subcommittee, such 1990, this Congress and the Senate meaningful protection to individuals time as he may consume, Mr. CASTLE. came together with the passage of the with disabilities without dramatically Mr. CASTLE. I thank the distin- Americans With Disabilities Act. And expanding the law, increasing its bur- guished gentleman from California for I’m pleased today that we are here to dens, or diluting its effectiveness. yielding. I do rise today in support of restore certain of those rights that I urge passage of the ADA Amend- the ADA Amendments Act entitled were believed to be there under the ments Act. H.R. 3195. ADA passed in 1990. What this law will Madam Speaker, I yield back the bal- Since 1990, the landmark civil rights do is to require the courts to interpret ance of my time. legislation, the Americans With Dis- this law in a fair manner. Mr. GEORGE MILLER of California. abilities Act—ADA as we know it—has We know that all of us are entitled to Madam Speaker, I want to certainly provided numerous benefits. Over the an opportunity to succeed. And I think thank the staffs of our committees on last decade, however, people with seri- all of us, as we look at our lives, look both sides of the aisle for all of their ous health conditions, including diabe- just for the chance to be judged based work. They put in a tremendous tes, have faced serious difficulties upon our own performance. We don’t amount of time and intellectual power meeting the definition of ‘‘disability’’ want special rights. We all just want to behind the amendments to the ADA following the Supreme Court’s decision be gauged by people who judge us by and to put it back in the place that it that disability must be determined in what we do and how we do it and how should have after the court decisions light of the mitigating measures, like well we do it. And so the original law damaged the intent and the purposes of insulin, that a person uses. and the Restoration Act today, as I see this act. I certainly want to thank These decisions have created a situa- it, establishes that premise that we’re Sharon Lewis of the Committee on tion where people with serious health all entitled to be judged based upon Education and Labor and Brian Ken- conditions who use medications and how we perform our tasks. nedy and Thomas Webb, who is with us I support this legislation and am other devices in order to work are not as an intern, for all of their work. pleased by what I’ve heard on the floor considered ‘‘disabled enough’’ to be I am very proud to be a Member of this afternoon by the way it came protected by the ADA even when they Congress today and certainly of the about. And I appreciate being here to are explicitly denied employment op- House of Representatives as we pass hear the gentleman from Maryland, the portunities because of that health con- this legislation. I was brought to the distinguished majority leader, speak issues around the disability commu- dition. about his sponsorship and authorship Just briefly, I would like to mention nity when I first came to Congress, or of the Americans with Disabilities Act. perhaps a little before that when I was Stephen Orr, a pharmacist from Rapid One of my predecessors, Bob Dole, working in the State legislature in City, South Dakota, who was fired by served in that similar capacity. I’d like California by a hardy crew from Cali- his employer for taking lunch breaks to quote my predecessor when he spoke to eat and manage his diabetes. After about the ADA and indicate that I be- fornia who were deeply involved in pur- Stephen lost his job, he decided to file lieve that what he said then should be suing the civil rights of those with dis- a claim under the ADA. The employer the words of today as well: abilities and the constitutional rights responded that Stephen did not have a ‘‘This historic civil rights legislation of those with disabilities and their disability because he was able to man- seeks to end the unjustified segrega- place in the legislative process, and I age his diabetes with insulin and diet. tion and exclusion of persons with dis- want to thank them. And that is Judy The courts agreed. And this, I’m afraid, abilities from the mainstream of Amer- Heuman from California and known to is only one example. ican life. The ADA is fair and balanced many; and Ed Roberts, a great cham- H.R. 3195 will remedy this problem. legislation that carefully blends the pion of disability rights, a magnificent Passage will secure the promise of the rights of people with disabilities with person; and Hale Zukor, who still re- original ADA and make clear that Con- the legitimate needs of the American sides in Berkeley and continues the gress intended the ADA’s coverage to business community.’’ battle; and Jim Donald, who is a won- be broad, to cover anyone who faces Madam Speaker, I believe that’s derful attorney on behalf of many in unfair discrimination because of a dis- what the legislation before us does the disability community; and so many ability. At the same time, it strikes an today, and again confirms the right others. appropriate balance between the needs that we all have to be judged based In my time in Congress, I have of individuals with disabilities and upon our ability to perform. watched the Rehabilitation Act of 1973 those of employers. Mr. MCKEON. Madam Speaker, I and the battle over the 504 regulations; I am pleased that H.R. 3195 enjoys the yield myself the balance of my time. IDEA, at that time Education for All backing of a broad coalition of sup- There are so many individuals who Handicapped Children, now IDEA; and porters from both the employer and the deserve credit for bringing us to this the ADA; and today the restoration of disability communities. I am also point today. I want to recognize Chair- the ADA to its proper position and proud it has bipartisan support here, man MILLER, the leaders of the Judici- power within the law. And I think it’s and I thank and congratulate all those ary, Transportation and Infrastruc- a tribute to this Congress. While in that had anything to do with putting ture, Energy and Commerce Commit- many instances we have had very con- this together. tees, and all of our staffs on all of those troversial fights and there have been I urge my colleagues on both sides of committees on both sides of the aisle eruptions over the implementation of the aisle to support the measure. and the membership of the leadership these laws, we have continued to Mr. MCKEON. Mr. Speaker, I recog- on both sides of the aisle, and again es- march forward and ensure the rights of nize now the gentleman from Kansas pecially Leader HOYER and Mr. SENSEN- the disabled, for their participation in (Mr. MORAN) for such time as he may BRENNER for this open, inclusive proc- American society. I think so many consume. ess. Members now and so many people in

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6070 CONGRESSIONAL RECORD — HOUSE June 25, 2008 our society recognize all that the mem- new set of barriers for Americans with disabil- Parade. This display of support demonstrates bers of the disability community have ities. Under this narrow interpretation, individ- that Chicagoans recognize that passage of the accomplished, all that they are accom- uals with diabetes, heart conditions, epilepsy, ADA Amendments Act of 2008, will allow plishing, and all that they will accom- mental retardation, cancer, and many other Americans with disabilities to enjoy the free- plish. conditions have been denied their rights under dom and equality that they are guaranteed by So today when we look at a young the ADA because they are labeled as ‘‘too the Constitution. child seeking to be enrolled in school functional’’ to be considered ‘‘disabled.’’ Madam Speaker, I am honored to com- and to have an opportunity at the con- This legislation would restore protections for memorate the passage of the Americans with tent and the curriculum that others disabled Americans under the ADA and I am Disabilities Act of 1990 and urge my col- have and to have the chance to partici- pleased that the bill we are considering today leagues to vote in favor of the ADA Amend- pate in that school in a meaningful is supported by the disability community as ments Act of 2008. way and not be put off and sidestepped well as the business community. This bill will Mr. SCOTT. Madam Speaker, I rise in sup- or in segregated classes; when we look reaffirm the ADA’s mandate for the elimination port of H.R. 3195, the Americans with Disabil- at individuals who want to pursue a ca- of discrimination on the basis of disability and ities Amendments Act. reer, an activity, in our society and not allow the ADA to reclaim its place among our In the early 1980’s, 64 disability organiza- be discriminated against; and when we Nation most important civil rights laws. tions formed a coalition known as INVEST, In- now see employers recognizing the tal- I am proud that my home State of New Jer- sure Virginians Equal Status Today, to pass a ents and the abilities and the contribu- sey has enacted our own strong protections State statute in Virginia to protect individuals tions to be made by individuals with against employment discrimination or individ- with disabilities from discrimination. The land- disabilities, we as a Nation are far bet- uals with disabilities. My State’s experience mark ‘‘Virginians with Disabilities Act’’ was the ter off, far richer, and far more under- belies the claims made by some of the bill’s Commonwealth’s commitment to encourage standing than we were prior to the opponents that this legislation is overprotective persons with disabilities to participate fully in struggles over these laws. And I hope of individuals with disabilities. the social and economic life of the Common- that all Members will share the pride In March, I hosted a roundtable discussion wealth. It preceded the Federal Americans that I do when later on we will be able in New Jersey with representatives of disability with Disabilities Act, ADA, by 5 years, and to vote to restore the ADA after the organizations and individuals with disabilities many of the key concepts in the Virginia stat- damage done by the court decisions. and with representatives from corporate ute formed the basis of the ADA. Signed in 1985 by former Governor Charles And with that I thank all of my col- human resources departments. From that dis- S. Robb, the Virginians with Disabilities Act leagues for their participation in this cussion, I drew information indicating that the today protects nearly one million State resi- debate. Federal legislation is needed and that it could dents. This Act acknowledged that ‘‘it is the Madam Speaker, I yield back the bal- be implemented effectively. ance of my time. At that discussion I heard from Jack, an em- policy of the Commonwealth to encourage and enable persons with disabilities to participate Mr. SENSENBRENNER. Madam ployer in my district who was hesitant when fully and equally in the social and economic Speaker, I yield myself the balance of approached by the ARC of New Jersey about life . . . ’’ and it protects Virginians with dis- my time. hiring individuals with disabilities. Yet, today abilities from discrimination in employment, Madam Speaker, I think that we he now says they are some of his best em- education, housing, voting, and places of pub- have seen in the last hour how the ployees. lic accommodation. framers of the Constitution intended Our Nation has come a long way since the Five years later, the Americans with Disabil- this Congress to work. passage of the ADA, from when the halls of ities Act of 1990 was enacted to protect all There was a problem. There was a Congress were not even accessible to dis- Americans against discrimination on the basis problem that was created by court de- abled members. But, we have much progress of disability. When Congress passed the ADA, cisions misinterpreting the original in- yet to make to ensure that the American Congress adopted the definition of disability tent of Congress when it passed the dream is truly accessible and available to all from section 504 of the Rehabilitation Act of ADA almost 18 years ago. And people Americans. 1973, a statute that was well litigated and un- who came from diverse viewpoints, Mr. EMANUEL. Madam Speaker, I rise derstood. whether they were in the private sec- today in honor of the passage of the Ameri- Congress expected that under the ADA— tor, citizens with disabilities and their cans with Disabilities Act of 1990 and to ex- just as under the Rehabilitation Act—individ- advocacy groups, Members of Congress press my support for the ADA Amendments uals with health conditions that were com- on both sides of the aisle have proven Act of 2008. monly understood to be disabilities would be in this legislation that they can work As a member of the 110th Congress, I am entitled to protection from discrimination. But a together and come up with something proud to be a cosponsor of H.R. 3195, the series of U.S. Supreme Court decisions inter- that is acceptable and beneficial to all ADA Amendments Act and to continue the preted the ADA in ways that Congress never of the stakeholders. I wish we could do fight to ensure equal rights for all disabled citi- intended, and over the years these decisions more of that here, and maybe this will zens. This vital legislation amends the Ameri- have eroded the protections of the statute. set a good example to show that the cans with Disabilities Act of 1990 to restore First, the Court held in 1999 that mitigating system does work. the original intent of the ADA by clarifying that measures—including prosthetics, medication, I am going to ask for a rollcall on anyone with impairment, regardless of his or and other assistive devices—must be taken this legislation, and I hope that if this her successful use of treatments to manage into account when determining if a person is is not a unanimous vote in favor of the the impairment, has the right to seek reason- disabled. Then, in 2002, the Court held that a bill, it will be so overwhelming that able accommodation in their place of work. ‘‘demanding standard’’ should be applied to people not only on the other side of The ADA Amendments Act of 2008 amends determining whether a person has a disability. this Capitol building but around the the definition of disability so that those who As a result, millions of people Congress in- country and around the world will see were originally intended to be protected from tended to protect under the ADA—such as that American democracy and the discrimination are covered under the Ameri- those with diabetes, epilepsy, intellectual dis- American legislative process worked cans with Disabilities Act. This prevents courts abilities, multiple sclerosis, muscular dys- for the benefit of people. from considering the use of treatment, or other trophy, amputation, cancer and many other Mr. HOLT. Madam Speaker, I want to thank accommodations, when deciding whether an impairments—are not protected as intended. Majority Leader HOYER and Representative individual qualifies for protection under the The ADA Amendments Act will restore the SENSENBRENNER for introducing the ADA Res- ADA and focuses on whether individuals can ADA to Congress’ original intent by clarifying toration Act last summer. ‘‘I am a cosponsor of demonstrate that they were treated less favor- that coverage under the ADA is broad and this bill and I am pleased that the House is ably on the basis of disability. covers anyone who faces unfair discrimination considering this important legislation. I am proud of the continuing work that is because of a disability. The ADA Amendments This July will mark the 18th anniversary of being done for Americans with Disabilities and Act: the Americans with Disabilities Act, ADA. Un- of the strong support that Chicagoans have Retains the requirement that an individual’s fortunately, as testimony before the House shown for this issue. On July 26, the eight- impairment substantially limits a major life ac- Committee on Education and Labor made eenth anniversary of its passage, the Ameri- tivity in order to be considered a disability, and clear in recent years, the Supreme Court has cans with Disabilities Act is being commemo- further that an individual must demonstrate narrowed the scope of this law and created a rated by Chicago’s fifth annual Disability Pride that he or she is qualified for the job.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6071 Would overturn several court decisions to cans with Disability Act, ADA, compliance in communications. According to the Depart- provide that people with disabilities not lose the historic Capitol complex, specifically the ment of Justice publication, ADA Standards their coverage under the ADA simply because use of door handles within personal House of- for Accessible Design, CFR 28, Part 36, Ap- pendix A, Section 4.13.2, ‘‘Handles, pulls, their condition is treatable with medication or fices. latches, locks and other operable devices on can be addressed with the help of assistive The purpose the ADA is to ensure non- doors shall have a shape that is easy to grasp technology. discrimination for persons with disabilities in- with one hand and does not require tight Includes a ‘‘regarded as’’ prong as part of cluding but not limited to public accommoda- grasping, tight pinching, or twisting of the the definition of disability which covers situa- tions. The ADA specifically states the use of wrist to operate. Lever-operated mecha- tions where an employee is discriminated lever operated mechanisms, push-type mech- nisms, push-type mechanisms, and U-shaped against based on either an actual or perceived anisms, or U-shaped handles are acceptable handles are acceptable designs.’’ impairment. Moreover, the proposal makes it designs for all to operate. It is a travesty that nearly 18 years after its enactment, the Congress remains signifi- clear that accommodations do not need to be Enacted in 1990, I believe it is the responsi- cantly out of compliance with the ADA. made to someone who is disabled solely be- bility of Congress to every extent reasonable, Door handles throughout the House campus cause he or she is ‘‘regarded as’’ disabled. to install appropriate usable hardware by all remain predominantly twisting; knob-style Madam Speaker, the bill before us today is those that wish to access the halls of Con- handles which clearly do not meet the stand- the direct result of agreements between the gress. ards outlined by the Act. We set a terrible business and disability communities to rectify Beginning with my first term in office in example by exempting ourselves just because the problem created by the courts, and I ap- 2000, I have made requests to have my per- compliance is inconvenient or expensive, plaud the determination and hard work, that sonal House office located in the Cannon when we have compelled the American peo- building outfitted with ADA appropriate door ple by force of law to bear these same ex- went into this compromise. The ADA Amend- penses and comply with the Act. ments Act will enable individuals with disabil- handles. It is unfortunate that 8 years after my The Capitol is the nation’s most prominent ities to secure and maintain employment with- initial request and 18 years following the en- public space, with tens of thousands of out fear of being discriminated against be- actment of the ADA, Congress has chosen to Americans visiting, and many more thou- cause of their disability. Congress clearly in- remain out of compliance with the ADA. sands working here each day. Making it ac- tended to prohibit discrimination against all Congress must lead by example by making cessible to all Americans, regardless of dis- people with disabilities and we will do that by these buildings accessible to all Americans, ability, should be a priority. I urge the com- regardless of disability. I urge you to read my mittee to grant my request for the installa- passing H.R. 3195. tion of ADA compliant lever-style door han- Madam Speaker, I urge my colleagues to attached most recent correspondence request- dles in my congressional office, to make support this bill. ing this appropriate and necessary change. them available to all Members and commit- Mr. VAN HOLLEN. Madam Speaker, I rise HOUSE OF REPRESENTATIVES, tees upon request, and to act with all prac- in strong support of H.R. 3195, the ADA Washington, DC, May 20, 2008. ticable speed to install lever-style compliant Amendments Act of 2008, which would restore Hon. NANCY PELOSI, door handles campus-wide. the original intent of the Americans with Dis- Speaker, House of Representatives, Thank you for your consideration of this abilities Act, ADA. Washington, DC. request. DEAR MADAM SPEAKER: I wanted to make The ADA has transformed this country since Sincerely, you aware of a request that I submitted to DARRELL ISSA, its enactment in 1990, helping millions of the Committee on House Administration for Member of Congress. Americans with disabilities succeed in the the installation of Americans with Disabil- Mr. RAMSTAD. Madam Speaker, as co- workplace, and making essential services ities Act, ADA, compliant lever-style door chair of the Bipartisan Disabilities Caucus, I such as transportation, housing, buildings, and handles in my office, room 211 in the Cannon rise in strong support of the bill before us, the other daily needs more accessible to individ- House Office Building, and throughout the ADA Amendments Act. uals with disabilities. It has been one of the House campus. I am concerned that nearly 18 years after It is a matter of basic justice for every Amer- most defining and effective civil rights laws the passage of the Act, Congress remains sig- ican to have access to public accommodations passed by Congress. nificantly out of compliance. I have attached and businesses. And every American de- Unfortunately, the Federal courts in recent a copy of my letter to Chairman Robert serves the opportunity to hold a job, contribute years have slowly chipped away at the broad Brady and Ranking Member Vern Ehlers for their talents and live with dignity and inde- protections of the ADA which has created a your review. pendence. new set of barriers for many Americans with Thank you for your attention to this im- portant request. That’s what the Americans with Disabilities disabilities. The court rulings have narrowed Act, ADA, of 1990 was all about—creating ac- the interpretation of disability by excluding Sincerely, DARRELL ISSA, cess and equal opportunity for millions of people with serious conditions such as epi- Member of Congress. Americans with disabilities. lepsy, diabetes, muscular dystrophy, cancer, Enclosure. And that’s why the recent court cases that and cerebral palsy from the protections of the have chipped away at the protections of the ADA. The ADA Amendments Act of 2008 will HOUSE OF REPRESENTATIVES, ADA have been so alarming. This important reestablish these protections and make it ab- Washington, DC, May 20, 2008. bill will stop the erosion and clarify that people solutely clear that the ADA is intended to pro- Hon. ROBERT A. BRADY, Chairman, Committee on House Administration, who use adaptive technology to cope with vide broad coverage to protect anyone who their disability still deserve the protection of faces discrimination on the basis of disability. House of Representatives, Washington, DC. Hon. VERNON J. EHLERS, the ADA. Madam Speaker, this bill is an important Ranking Member, Committee on House Adminis- People with disabilities have to overcome step towards restoring the original intent of the tration, House of Representatives, Wash- obstacles every day. It’s time to remove the ADA and helps ensure that all Americans with ington, DC. legal obstacles to their basic civil rights. disabilities live as independent, self-sufficient DEAR CHAIRMAN BRADY AND RANKING MEM- It’s time to tear down the barriers that keep members of our society. I urge my colleagues BER EHLERS: I am writing to request the in- people with disabilities from fully participating to support this much-needed legislation. stallation of Americans with Disabilities and sharing their gifts. It’s time to restore Act, ADA-compliant lever-style door handles Mr. ISSA. Madam Speaker, today I rise in basic justice. support of H.R. 3195, ADA Amendments Act throughout my office, which is 211 Cannon House Office Building. Furthermore, I re- I urge my colleagues to support this impor- of 2008. spectfully request that the committee direct tant bill. The ADA Amendments Act is a needed step that ADA compliant lever-style door handles Ms. JACKSON-LEE of Texas. Madam in addressing improper judicial interpretation of be made available to any Member or com- Speaker, I rise today in support of H.R. 3195, the original Americans with Disabilities Act. mittee that requests their installation, and the ‘‘ADA Restoration Act of 2007.’’ I whole- Courts interpreted the Act more narrowly than that the committee develops a plan to com- heartedly support this bill and urge my col- Congress had intended resulting in decreased plete the installation of ADA compliant leagues to support it also. The changes em- protection under the Act. It is especially grati- lever-style door handles campus-wide as soon bodied by this Act, that restore the with Dis- fying that in crafting the legislation before us as practicable. abilities Act of 1990, ‘‘ADA’’, to its original pur- Enacted by Congress in 1990, and signed today the disability community was able to into law by President George H.W. Bush, the pose, are long overdue. This is a civil rights come to an agreement with private industry on ADA is historic legislation whose purpose is bill and the rights of the disabled must be re- appropriate legislative language. to ensure nondiscrimination for persons with stored. More specifically than the legislation at disabilities in access to employment, public H.R. 3195, the ‘‘ADA Restoration Act of hand, I bring attention to the lack of Ameri- services, public accommodations and tele- 2007,’’ amends the definition of ‘‘disability’’ in

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the ADA in response to the Supreme Court’s condition, yet all three employers argued—and resentative SENSENBRENNER, lead House co- narrow interpretation of the definition, which the Supreme Court agreed—that the plaintiffs sponsor of the ADA Restoration Act, explained has made it extremely difficult for individuals were not protected by the ADA because their the need to respond to court decisions ‘‘that with serious health conditions—epilepsy, dia- impairments, when considered in a mitigated have sharply restricted the class of people betes, cancer, muscular dystrophy, multiple state, were not limiting enough to qualify as who can invoke protection under the law and sclerosis and severe intellectual impair- disabilities under the ADA. [reinstate] the original congressional intent ments—to prove that they qualify for protec- Three years later, the Supreme Court revis- when the ADA passed.’’ Explaining tion under the ADA. The Supreme Court has ited the definition of ‘‘disability’’ in Toyota Congress’s choice to adopt the definition of narrowed the definition in two ways: (1) by rul- Motor Manufacturing, Kentucky, Inc. v. Wil- ‘‘disability’’ from the Rehabilitation Act be- ing that mitigating measures that help control liams. In that case, the plaintiff alleged that cause it had been interpreted generously by an impairment like medicine, hearing aids, or her employer discriminated against her by fail- the courts, Representative HOYER testified that any other treatment must be considered in de- ing to accommodate her disabilities, which in- Congress had never anticipated or intended termining whether an impairment is disabling cluded carpal tunnel syndrome, myotendonitis, that the courts would interpret that definition enough to qualify as a disability; and (2) by and thoracic outlet compression. While her so narrowly: ruling that the elements of the definition must employer previously had adjusted her job du- [W]e could not have fathomed that people be interpreted ‘‘strictly to create a demanding ties, making it possible for her to perform well with diabetes, epilepsy, heart conditions, standard for qualifying as disabled.’’ The despite these conditions, Williams was not cancer, mental illnesses and other disabil- Court’s treatment of the ADA is at odds with able to resume certain job duties when re- ities would have their ADA claims denied be- cause they would be considered too func- judicial treatment of other civil rights statutes, quested by Toyota and ultimately lost her job. tional to meet the definition of disabled. Nor which usually are interpreted broadly to She challenged the termination, also alleging could we have fathomed a situation where achieve their remedial purposes. It is also in- that Toyota’s refusal to continue accommo- the individual may be considered too dis- consistent with Congress’s intent. dating her violated the ADA. Looking to the abled by an employer to get a job, but not The committee will consider a substitute that definition of ‘‘disability,’’ the Court noted that disabled enough by the courts to be pro- represents the consensus view of disability an individual ‘‘must initially prove that he or tected by the ADA from discrimination. rights groups and the business community. she has a physical or mental impairment,’’ and What a contradictory position that would have been for Congress to take. That substitute restores congressional intent then demonstrate that the impairment ‘‘sub- by, among other things: disallowing consider- stantially limits’’ a ‘‘major life activity.’’ Identi- Representative HOYER, joined by all of the ation of mitigating measures other than correc- fying the critical questions to be whether a lim- witnesses except Mr. Lorber, urged Congress tive lenses, ordinary eyeglasses or contacts, itation is ‘‘substantial’’ and whether a life activ- to respond by passing H.R. 3195 to amend when determining whether an impairment is ity is ‘‘major,’’ the court stated that ‘‘these the definition of ‘‘disability.’’ Mr. Lorber, ap- sufficiently limiting to qualify as a disability; terms need to be interpreted strictly to create pearing on behalf of the Chamber of Com- merce, opposed H.R. 3195 as an overly broad maintaining the requirement that an individual a demanding standard for qualifying as dis- response to court decisions that accurately re- qualifying as disabled under the first of the abled.’’ The Court then concluded that ‘‘sub- flected statutory language and congressional three-prong definition of ‘‘disability’’ show that stantial’’ requires a showing that an individual an impairment ‘‘substantially limits’’ a major intent. has an impairment ‘‘that prevents or, ‘‘ se- Since the subcommittee’s hearing, several life activity but defining ‘‘substantially limits’’ as verely restricts the individual; and ‘‘major’’ life a less burdensome ‘‘materially restricts; clari- changes have been made to the bill, which activities, requires a showing that the indi- are reflected in the substitute that will likely be fying that anyone who is discriminated against vidual is restricted from performing tasks that considered by the committee. The substitute, because of an impairment, whether or not the are ‘‘of central importance to most people’s described section-by-section below, represents impairment limits the performance of any daily lives.’’ the consensus of the disability rights and busi- major life activities, has been ‘‘regarded as’’ In the wake of these rulings, disabilities that ness groups and is supported by, among oth- disabled and is entitled to the ADA’s protec- had been covered under the Rehabilitation Act ers, the Chamber of Commerce. tion. and that Congress intended to include under Importantly, section 4 of the bill, amends the BACKGROUND ON LEGISLATION the ADA—serious health conditions like epi- definition of ‘‘disability’’ and provides stand- Eighteen years ago, President George H.W. lepsy, diabetes, cancer, cerebral palsy, mul- ards for applying the amended definition. Bush, with overwhelming bipartisan support tiple sclerosis—have been excluded. Either, While retaining the requirement that a dis- from the Congress, signed into law the ADA. the courts say, the person is not impaired ability ‘‘substantially limits’’ a ‘‘major’’ life activ- The act was intended to provide a ‘‘clear and enough to substantially limit a major life activ- ity under prongs 1 and 2 of the definition of comprehensive mandate,’’ with ‘‘strong, con- ity, or the impairment substantially limits disability, section 4 redefines ‘‘substantially sistent, enforceable standards,’’ for eliminating something—like liver function—that the courts limits’’ as ‘‘materially restricts’’ to indicate a disability-based discrimination. Through this do not consider a major life activity. Courts less stringent standard. Thus, while the limita- broad mandate, Congress sought to protect even deny protection when the employer ad- tion imposed by an impairment must be impor- anyone who is treated less favorably because mits that it took adverse action based on the tant, it need not rise to the level of preventing of a current, past, or perceived disability. Con- individual’s impairment, allowing employers to or severely restricting the performance of gress did not intend for the courts to seize on take the position that an employee is too dis- major life activities in order to qualify as a dis- the definition of disability as a means of ex- abled to do a job but not disabled enough to ability. Section 4 provides an illustrative list of cluding individuals with serious health condi- be protected by the law. life activities that should be considered tions from protection; yet this is exactly what On October 4, 2007, the Subcommittee on ‘‘major,’’ and clarifies that an individual has has happened. A legislative action is now the Constitution, Civil Rights, and Civil Lib- been ‘‘regarded as’’ disabled, and is entitled to needed to restore congressional intent, and erties held a legislative hearing on H.R. 3195, protection under the ADA, if discriminated ensure broad protection against disability- the ‘‘ADA Restoration Act of 2007.’’ Witnesses against because of an impairment, whether or based discrimination. at the hearing included Majority Leader STENY not the impairment limits the performance of COURT RULINGS HAVE NARROWED ADA PROTECTION, RE- H. HOYER; Cheryl Sensenbrenner, chair, any major life activities. Section 4 requires SULTING IN THE EXCLUSION OF INDIVIDUALS THAT American Association of People with Disabil- broad construction of the definition and pro- CONGRESS CLEARLY INTENDED TO PROTECT ities; Stephen C. Orr, pharmacist and plaintiff hibits consideration of mitigating measures, Through a series of decisions interpreting in Orr v. Wal-Mart Stores, Inc.; Michael C. with the exception of ordinary glasses or con- the ADA’s definition of ‘‘disability,’’ however, Collins, executive director, National Council on tact lenses, in determining whether an impair- the Supreme Court has narrowed the ADA in Disability; Lawrence Z. Lorber, U.S. Chamber ment substantially limits a major life activity. ways never intended by Congress. First, in of Commerce; and Chai R. Feldblum, pro- I support this bill and I urge my colleagues three cases decided on the same day, the Su- fessor, Georgetown University Law Center. to support it also. preme Court ruled that the determination of The hearing provided an opportunity for the Ms. HIRONO. Madam Speaker, I rise today ‘‘disability’’ under the first prong of the defini- Constitution Subcommittee to examine how in strong support of H.R. 3195, the ADA Res- tion—i.e., whether an individual has a sub- the Supreme Court’s decisions regarding the toration Act of 2007. I would like to thank the stantially limiting impairment—should be made definition of ‘‘disability’’ have affected ADA chief sponsor of the bill, Majority Leader after considering whether mitigating measures protection for individuals with disabilities and STENY HOYER, and the chairman of the Edu- had reduced the impact of the impairment. In to consider the need for legislative action. cation and Labor Committee, GEORGE MILLER, all three cases, the undisputed reason for the Representative HOYER, one of the lead spon- for their leadership and work on disability adverse action was the employee’s medical sors of the original act and, along with Rep- rights.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6073 Congress passed the Americans with Dis- thanks to the work of an advocate for the Month’’ in June 2007. Rogie’s success is due abilities Act, ADA, 18 years ago with over- blind. in part to his supportive and patient super- whelming support from both parties and Presi- The annual Maui County Fair has a special visors, who look at his abilities rather than his limitations. dent George H.W. Bush. The intent of Con- day set aside for people with disabilities to gress was clear: to make this great Nation’s participate in the rides and games. promise of equality and freedom a reality for A Kauai bakery installed a blinking light sys- KAUAI BRANCH 2007 REHABILITANT OF THE Americans with disabilities. tem on their ovens so that a hearing-impaired YEAR, NOMINATED BY DEBRA MATSUMOTO, EMPLOYMENT SERVICE SPECIALIST Standing together, leaders from both parties employee would be notified when her baking described the law as ‘‘historic,’’ ‘‘landmark,’’ an was complete, thus allowing her to work inde- ‘‘Everyone is telling me what I cannot do’’, ‘‘emancipation proclamation for people with pendently. stated Serafin Palomares when we first met Each year, the Hawaii State Vocational Re- in 2001. This made him even more determined disabilities.’’ These were not timid or hollow to prove ‘‘everyone’’ wrong, and together, we words. The congressional mandate was ambi- habilitation and Services for the Blind Division proceeded to do just that. After recovering tious: prohibit unfair discrimination and require of the Department of Human Services recog- from a stroke, Serafin’s goal was to return changes in workplaces, public transportation nizes outstanding clients from the districts they to his previous employment in the Food & systems, businesses, and other programs or serve. I would like to recognize the following Beverage field. We realized that due to his services. 2007 Rehabilitants of the Year: Deanna limitations, he would not be able to perform Through this broad mandate, Congress in- DeLeon of the Big Island, Rogie Yasay some of the duties required in a restaurant tended to protect anyone who is treated less Pagatpatan of Maui, Serafin Palomares of setting. He could be successful however, if favorably because of a current, past, or per- Kauai, and Tauloa ‘‘Mona’’ Pouso‘o of Oahu. the work environment was modified. ceived disability. As with other civil rights laws, I would like to include in the CONGRESSIONAL Serafin enrolled at Kauai Community Col- lege and worked toward a degree in culinary RECORD their stories of success, as each of Congress wanted to focus on whether an indi- arts. School became a lengthy process, in- vidual could prove that he or she had been these individuals leads a life of inspiration. volving a lot of creative collaboration be- treated less favorably because of a physical or I urge my colleagues to join me in voting for tween the Instructors, college counselor, and mental impairment. Congress never intended H.R. 3195 so we can continue to build on the VR. The biggest hurdle was finding an appro- for the courts to seize on the definition of ‘‘dis- successes of the Americans with Disabilities priate practicum site. It soon became clear ability’’ as a means of excluding individuals Act. Mahalo (thank you). that Serafin would do best working inde- with serious health conditions like epilepsy, di- HAWAII BRANCH 2007 REHABILITANT OF THE pendently at his own pace, building a abetes, cancer, HIV, muscular dystrophy, and YEAR, NOMINATED BY ELLEN OKIMOTO, VO- workstation, and creating a system that CATIONAL REHABILITATION SPECIALIST would meet his specific needs. When the multiple sclerosis from protection under the Piikoi Building Vending Stand in the County law. Deanna DeLeon came to VR in March 2006 looking for a way to change her life. Deanna Civic Center became available as a Yet this is exactly what has happened. practicum site, Serafin leapt at the chance Through a series of decisions interpreting the faced many challenges in her life. Her past history of abuse led her to the Big Island to give it a try . . . and Serafin has never definition of ‘‘disability’’ narrowly, the U.S. Su- Drug Court Program. Through this program left. preme Court has inappropriately shifted the and with the support of the Division of Voca- Upon earning an AS degree in 2005, he de- focus away from an employer’s alleged mis- tional Rehabilitation, Deanna set a goal of cided to make the leap to self-employment. conduct onto whether an individual can first becoming successfully employed. Serafin has managed to create a popular, meet a ‘‘demanding standard for qualifying as The combination of her past work experi- thriving Vending Stand in the heart of Lihue disabled.’’ ence in the hotel industry and as an adminis- town. He is renowned for his specialty sand- Millions of Americans who experience dis- trative assistant qualified her for a position wiches and salads, and the sky’s the limit as far as how big he could build his business. ability-based discrimination have been or will as a tour receptionist with Wyndham Vaca- tion Resorts in June 2006. Deanna’s super- Yet, Serafin prefers to keep things small and be denied protection under ADA and barred visor, Patsy Mecca, stated that Deanna simple, because for him, it’s not about the from challenging discriminatory conduct. By brings positive energy and a bright smile to money as much as it is having a joyful pur- passing H.R. 3195, the Congress will be able the team. Deanna has since been promoted pose for waking up each day. You can see to correct these decisions made by the courts. to a Gifting Supervisor and continues to that he truly enjoys what he does by the H.R. 3195 would do this by: amending the work in a job that she so loves. bright smile he wears when he greets his cus- definition of ‘‘disability’’ so that individuals who Go Forward To Work. Congratulations, tomers . . . and that’s really what keeps the Congress originally intended to protect from Deanna for a job well done. regulars coming back day after day. Con- gratulations to Serafin Palomares. Kauai’s discrimination are covered under the ADA; MAUI BRANCH 2007 REHABILITANT OF THE Outstanding Rehabilitant of the Year. preventing the courts from considering ‘‘miti- YEAR, NOMINATED BY LYDIA SHEETS, VOCA- gating measures’’ when deciding whether an TIONAL REHABILITATION SPECIALIST OAHU BRANCH DEAF SERVICES SECTION 2007 individual qualifies for protection under the Having a disability never stopped Rogie REHABILITANT OF THE YEAR, NOMINATED BY law; and keeping the focus in employment Yasay Pagatpatan from working for long pe- AMANDA CHRISTIAN, VOCATIONAL REHABILI- cases on the reason for the adverse action. riods of time. Rogie requires assistance in TATION SPECIALIST completing applications and interviewing. The appropriate question is whether someone Deaf Services Section is proud to nominate Each time he needs to look for a new job, he can show that he or she was treated less fa- known to his friends and family as ‘‘Mona’’, has enlisted the help of his Vocational Reha- vorably ‘‘on the basis of disability’’ and not as this year’s Outstanding Rehabilitant of bilitation Specialist, Lydia Sheets in the whether an individual has revealed enough the Year. Mona is a deaf person with signifi- Maui Branch Office. Rogie and Lydia have cant developmental delays and minimal lan- private and highly personal facts about how he been a successful team for many years. guage skills. He is extremely shy; however, or she is limited by an impairment. The bill re- Lydia knows Rogie so well that she has col- he has a heart of gold and a terrific work minds the courts that—as with any other civil laborated with employers to help Rogie find ethic. rights law—the ADA must be interpreted fairly, and keep jobs. and as Congress intended. Most recently, Lydia helped Rogie obtain a After graduating from the Hawaii Center As an original cosponsor of H.R. 3195, I be- position with the Maui Disposal Company, for the Deaf and Blind, Mona received kitch- Inc. He was hired as a sorter at the com- en training from Lanakila Rehabilitation lieve that it rightfully will restore protections for Center (LRC) from 2002 until 2006 where he disabled Americans under the landmark ADA, pany’s material Recover Facility—a proc- essing plant for recyclable products includ- learned food preparation and dishwashing one of our Nation’s most important civil rights ing plastic, glass, aluminum, and mixed skills. At that time, it was a common belief laws. paper. Rogie works with other processors that Mona would need extended support serv- I would like to share with you just a few ex- and several supervisors. He has a job that re- ices in order to maintain competitive em- amples of how ADA has made a positive im- quires teamwork, cooperation, conscien- ployment. With the assistance of LRC, Mona pact for individuals with disabilities in my tiousness, and tolerance of waste products, was placed at Red Lobster in November 2006. home State of Hawaii: outdoor work, environmental factors, and He received on-the-job training from Novem- An 85 year old Honolulu woman, who is working around moving machinery. Rogie ber 2006 until February 2007 with specialized job coaches. both deaf and blind, is able to access the pub- has proven that he can handle the job. With the help of supervisors West Paul and Wen- Mona eventually became comfortable with lic transportation system to visit her husband dell Parker, Rogie has become a valued em- his work environment and began to make who resides in a long-term care facility far ployee. friends with co-workers. He is now confident from her home. Rogie’s persistence is admirable, and his with his tasks and will help others with their The first ‘‘chirping’’ traffic light on the island commitment has impressed his supervisors. work at any time he sees that they need of Kauai was installed at a busy intersection He was honored as the ‘‘Employee of the help. Mona’s job duties initially were limited

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He often arrives at work early These people have too often been excluded ment on statutory language amending the and at times, has to be persuaded to leave because their impairment, however serious or ADA. work at the end of his shift. Upon leaving debilitating, was mis-characterized by the I support the compromise and believe it was work, he makes sure to say ‘‘goodbye’’ to courts as temporary, or its impact considered reached in good faith. However, I do have each one of his co-workers at least once; too short-lived and not permanent enough—al- some concerns regarding how the courts will sometimes twice. Mona’s supervisors and co- though it was serious enough to cost them the interpret the legislative language we will con- workers report how cherished Mona is and job. sider today. how well he is doing. That’s what happened to Mary Ann So let me express what I believe to be the Deaf Services Section is honored and hum- Pimental, a nurse who was diagnosed with nature and import of this legislation. bled to be able to recognize Mona Pouso’o’s First, the common understanding in Con- hard work and outstanding achievements. He breast cancer after being promoted at her job. has been an inspiration to us all and will Mrs. Pimental had a mastectomy and under- gress is that this legislation would simply re- continue to stand out in our minds as the went chemotherapy and radiation therapy. She store the original intent of the ADA by bringing definition of a successfully rehabilitated in- suffered radiation burns and premature meno- the statutory text in line with the legislative his- dividual. pause. She had difficulty concentrating, and tory of the original ADA. Mr. NADLER. Madam Speaker, I want to experienced extreme fatigue and shortness of That legislative history from both the House commend the distinguished majority leader breath. And when she felt well enough to re- Education and Labor and the Senate com- mittee reports provided that ‘‘[p]ersons with and gentleman from Wisconsin, Mr. SENSEN- turn to work, she discovered that her job was minor, trivial impairments such as a simple in- BRENNER, for their leadership on this important gone and the only position available for her fected finger are not impaired in a major life legislation. was part-time, with reduced benefits. H.R. 3195 would help to restore the Ameri- When Ms. Pimental challenged her employ- activity,’’ and consequently those who had cans with Disabilities Act to its rightful place er’s failure to rehire her into a better position, such minor and trivial impairments would not among this Nation’s great civil rights laws. the court told her that her breast cancer was be covered by the ADA. I believe that understanding is entirely ap- This legislation is necessary to correct Su- not a disability and that she was not covered propriate, and I would expect the courts to preme Court decisions that have created an by the ADA. The court recognized the ‘‘terrible agree with and apply that interpretation. If that absurd catch-22 in which an individual can effect the cancer had upon’’ her and even said interpretation were not to hold but were to be face discrimination on the basis of an actual, that ‘‘there is no question that her cancer has broadened improperly the judiciary, an em- past, or perceived disability and yet not be dramatically affected her life, and that the as- ployer would be under a Federal obligation to considered sufficiently disabled to be pro- sociated impairment has been real and ex- accommodate people with stomach aches, a tected against that discrimination by the ADA. traordinarily difficult for her and her family.’’ common cold, mild seasonal allergies, or even That was never Congress’s intent, and H.R. Yet the court still denied her coverage under 3195 cures this problem. a hangnail. the ADA because it characterized the impact So, I want to make clear that I believe that H.R. 3195 lowers the burden of proving that of her cancer as ‘‘short-lived’’—meaning that it the drafters and supporters of this legislation, one is disabled enough to qualify for cov- ‘‘did not have a substantial and lasting effect’’ including me, intend to exclude minor and triv- erage. It does this by directing courts to read on her. ial impairments from coverage under the ADA, the definition broadly, as is appropriate for re- Mary Ann Pimental died as a result of her as they have always been excluded. medial civil rights legislation. It also redefines breast cancer 4 months after the court issued Second, the Supreme Court in Toyota Motor the term ‘‘substantially limits,’’ which was re- its decision. I am sure that her husband and Manufacturing v. Williams held that under the strictively interpreted by the courts to set a de- two children disagree with the court’s charac- original ADA, ‘‘[t]he impairment’s impact must manding standard for qualifying as disabled. terization of her cancer as ‘‘short-lived,’’ and also be permanent or long term.’’ An individual now must show that his or her not sufficiently permanent. The findings in the language before us impairment ‘‘materially restricts’’ performance This House should also disagree—and today state that the purpose of the legislation of major life activities. While the impact of the does—as is shown by the broad bipartisan is ‘‘to provide a new definition of ‘substantially impairment must still be important, it need not support for H.R. 3195. limits’ to indicate that Congress intends to de- severely or significantly restrict one’s ability to H.R. 3195 ensures that individuals like Mary part from the strict and demanding standard engage in those activities central to most peo- Ann Pimental are covered by the law when applied by the Supreme Court in Toyota Motor ple’s daily lives, including working. they need it. It directs the courts to interpret Manufacturing.’’ Under this new standard, for example, it the definition of disability broadly, as is appro- I understand that this finding is not meant to should be considered a material restriction if priate for remedial civil rights to legislation. express disagreement with or to overturn the an individual is disqualified from his or her job H.R. 3195 requires the courts—and the fed- Court’s determination that the ADA apply only of choice because of an impairment. An indi- eral agencies providing expert guidance—to to individuals with impairments that are perma- vidual should not need to prove that he or she lower the burden for obtaining coverage under nent or long term in impact. is unable to perform a broad class or range of this landmark civil rights law. This new stand- If these understandings of the language be- jobs. We fully expect that the courts, and the ard is not onerous, and is meant to reduce fore us today do not prevail, the courts may federal agencies providing expert guidance, needless litigation over the threshold question be flooded with frivolous cases brought by will revisit prior rulings and guidance and ad- of coverage. those who were not intended to be protected just the burden of proving the requisite ‘‘mate- It is our sincere hope that, with less battling under the original ADA. rial’’ limitation to qualify for coverage. over who is or is not disabled, we will finally If that happens, those who would have been This legislation is long overdue. Countless be able to focus on the important questions— clearly covered under the original ADA, such Americans with disabilities have already been is an individual qualified? And might a reason- as paralyzed veterans or the blind, will be deprived of the opportunity to prove that they able accommodation afford that person the forced to wait in line behind thousands of oth- have been victims of discrimination, that they same opportunities that his or her neighbors ers filing cases regarding minor or trivial im- are qualified for a job, or that a reasonable ac- enjoy. pairments. I don’t believe anyone supporting commodation would afford them an oppor- I urge my colleagues to join me in voting for this new language wants that to happen, and tunity to participate fully at work and in com- passage of H.R. 3195, as reported unani- I want to make that clear for the record. munity life. mously by the House Judiciary Committee. With the understandings I have expressed, Some of my colleagues from across the Mr. SMITH of Texas. Madam Speaker, the I support the Americans with Disabilities Act aisle have raised concerns that this bill would Americans with Disabilities Act, enacted al- Restoration Act. cover ‘‘minor’’ or ‘‘trivial’’ conditions. They most 18 years ago, removed many physical Mr. SENSENBRENNER. Madam worry about covering ‘‘stomach aches, the barriers disabled people faced in their daily Speaker, I yield back the balance of common cold, mild seasonal allergies, or even lives. It also helped remove the mental bar- my time. a hangnail.’’ riers that often prevented non-disabled Ameri- The SPEAKER pro tempore. Pursu- I have yet to see a case where the ADA cans from looking beyond wheel chairs and ant to House Resolution 1299, the pre- covered an individual with a hangnail. But I walking canes and seeing disabled Americans vious question is ordered on the bill, as have seen scores of cases where the ADA as the friends and coworkers they are. amended.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6075 The question is on the engrossment 3180, a bill to temporarily extend pro- for inflation. Students and families and third reading of the bill. grams under the Higher Education Act need to be able to plan for these in- The bill was ordered to be engrossed of 1965. creases, and that’s exactly what we are and read a third time, and was read the At the beginning of February, the proposing, through greater sunshine third time. House took steps to reauthorize the and transparency. We need to complete The SPEAKER pro tempore. The Higher Education Act in passing H.R. the reauthorization process to make question is on the passage of the bill. 4137, the College Opportunity and Af- those proposals a reality. The question was taken; and the fordability Act. We now find ourselves Madam Speaker, this is a clean ex- Speaker pro tempore announced that in the near final phase of completing tension bill that will allow the current the ayes appeared to have it. the reauthorization of the Higher Edu- programs of the Higher Education Act Mr. SENSENBRENNER. Madam cation Act as we work toward a com- to continue past their current June 30, Speaker, on that I demand the yeas promise bill with the Senate to ensure 2008, expiration date until July 31, 2008. and nays. that the doors of college are truly open Programs like Pell Grants and Perkins The yeas and nays were ordered. to all qualified students. Loans are the passports out of poverty The SPEAKER pro tempore. Pursu- It is our goal to ensure that a final for millions of American students. We ant to clause 8 of rule XX, further pro- bill encompasses the major issues ad- must complete our work on the con- ceedings on this question will be post- dressed in H.R. 4137, including sky- ference agreement prior to the August poned. rocketing college prices, a needlessly recess. f complicated student aid application I urge my colleagues to vote ‘‘yes’’ process, and predatory tactics by stu- on S. 3180. ANNOUNCEMENT BY THE SPEAKER dent lenders. Madam Speaker, I yield back the bal- PRO TEMPORE The bill under consideration today, ance of my time. The SPEAKER pro tempore. Pursu- S. 3180, will extend the programs under Mr. GEORGE MILLER of California. ant to clause 8 of rule XX, the Chair the Higher Education Act until July 31, Madam Speaker, I yield back the bal- will postpone further proceedings 2008, to allow sufficient time for final ance of my time. today on motions to suspend the rules deliberations on the two bills reported The SPEAKER pro tempore. The on which a recorded vote or the yeas out of the respective Chambers. question is on the motion offered by and nays are ordered, or on which the It has been nearly 10 years since the the gentleman from California (Mr. vote is objected to under clause 6 of Higher Education Act was last reau- GEORGE MILLER) that the House sus- rule XX. thorized, and I believe the Members on pend the rules and pass the Senate bill, Record votes on postponed questions both sides of the aisle and in both S. 3180. will be taken later. Chambers are anxious to complete the The question was taken; and (two- f work on this bill in this Congress. We thirds being in the affirmative) the believe it can happen. rules were suspended and the Senate EXTENSION OF PROGRAMS UNDER I look forward to joining my col- bill was passed. THE HIGHER EDUCATION ACT OF leagues on the committees in both the A motion to reconsider was laid on 1965 House and the Senate in completing the table. Mr. GEORGE MILLER of California. our work on behalf of this Nation’s f Madam Speaker, I move to suspend the hardworking families and students. STOP CHILD ABUSE IN RESIDEN- rules and pass the Senate bill (S. 3180) Madam Speaker, I reserve the bal- TIAL PROGRAMS FOR TEENS to temporarily extend the programs ance of my time. ACT OF 2008 under the Higher Education Act of 1965. Mr. MCKEON. Madam Speaker, I The Clerk read the title of the Senate yield myself such time as I may con- Mr. GEORGE MILLER of California. bill. sume. Madam Speaker, I move to suspend the The text of the Senate bill is as fol- I rise in support of S. 3180, a bill to rules and pass the bill (H.R. 6358) to re- lows: temporarily extend the Higher Edu- quire certain standards and enforce- S. 3180 cation Act of 1965. This bill will provide ment provisions to prevent child abuse Be it enacted by the Senate and House of Rep- a clean extension of the Higher Edu- and neglect in residential programs, resentatives of the United States of America in cation Act for 1 more month as we con- and for other purposes. Congress assembled, tinue to work with our Senate col- The Clerk read the title of the bill. SECTION 1. EXTENSION OF HIGHER EDUCATION leagues to hammer out a conference The text of the bill is as follows: PROGRAMS. agreement. H.R. 6358 (a) EXTENSION OF PROGRAMS.—Section 2(a) The underlying reauthorization of Be it enacted by the Senate and House of Rep- of the Higher Education Extension Act of the Higher Education Act is long over- resentatives of the United States of America in 2005 (Public Law 109–81; 20 U.S.C. 1001 note) is due. Since 2003 Congress has passed Congress assembled, amended by striking ‘‘June 30, 2008’’ and in- SECTION 1. SHORT TITLE. serting ‘‘July 31, 2008’’. twelve extensions, two reconciliation bills, an emergency student loan bill, This Act may be cited as the ‘‘Stop Child (b) RULE OF CONSTRUCTION.—Nothing in Abuse in Residential Programs for Teens Act this section, or in the Higher Education Ex- and the House has passed two reauthor- of 2008’’. tension Act of 2005 as amended by this Act, ization bills. In the reauthorization bill SEC. 2. DEFINITIONS. shall be construed to limit or otherwise alter passed by this Congress, we strength- In this Act: the authorizations of appropriations for, or ened Pell Grants, improved the Perkins (1) ASSISTANT SECRETARY.—The term ‘‘As- the durations of, programs contained in the Loan program, and expanded access to sistant Secretary’’ means the Assistant Sec- amendments made by the Higher Education college for millions of American stu- retary for Children and Families of the De- Reconciliation Act of 2005 (Public Law 109– partment of Health and Human Services. 171), by the College Cost Reduction and Ac- dents. The reauthorization bills also included important reforms that will (2) CHILD.—The term ‘‘child’’ means an in- cess Act (Public Law 110–84), or by the En- dividual who has not attained the age of 18. suring Continued Access to Student Loans provide more transparency to Amer- (3) CHILD ABUSE AND NEGLECT.—The term Act of 2008 (Public Law 110–227) to the provi- ican families on the cost of college. A ‘‘child abuse and neglect’’ has the meaning sions of the Higher Education Act of 1965 and recent report found that since 1983, the given such term in section 111 of the Child the Taxpayer-Teacher Protection Act of 2004. cost of keeping colleges running has Abuse Prevention and Treatment Act (42 The SPEAKER pro tempore. Pursu- outpaced the consumer price index by U.S.C. 5106g). ant to the rule, the gentleman from 48 percent. The average total for tui- (4) COVERED PROGRAM.— California (Mr. GEORGE MILLER) and tion fees, room and board, for an in- (A) IN GENERAL.—The term ‘‘covered pro- the gentleman from California (Mr. State student at a public 4-year college gram’’ means each location of a program op- erated by a public or private entity that, MCKEON) each will control 20 minutes. is $13,589. It jumps to $32,307 for a stu- with respect to one or more children who are The Chair recognizes the gentleman dent attending a private 4-year college. unrelated to the owner or operator of the from California (Mr. GEORGE MILLER). Tuition and fees have increased by an program— Mr. GEORGE MILLER of California. average of 4.4 percent per year over the (i) provides a residential environment, Madam Speaker, I rise in support of S. past decade, and that’s after adjusting such as—

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6076 CONGRESSIONAL RECORD — HOUSE June 25, 2008 (I) a program with a wilderness or outdoor a condition of employment, to become famil- the date of the promulgation of interim reg- experience, expedition, or intervention; iar with the requirements, including with ulations under subparagraph (A) of this para- (II) a boot camp experience or other experi- State law relating to mandated reporters, graph, solicit and accept public comment ence designed to simulate characteristics of and procedures for reporting child abuse and concerning such regulations. Such public basic military training or correctional re- neglect in the State in which such a program comment shall be submitted in written form. gimes; is located. (C) FINAL REGULATIONS.—Not later than 90 (III) a therapeutic boarding school; or (H) Full disclosure, in writing, of staff days after the conclusion of the 90-day period (IV) a behavioral modification program; qualifications and their roles and respon- referred to in subparagraph (B) of this para- and sibilities at such program, including med- graph, the Assistant Secretary shall promul- (ii) operates with a focus on serving chil- ical, emergency response, and mental health gate and enforce final regulations to carry dren with— training, to parents or legal guardians of out paragraph (1). (I) emotional, behavioral, or mental health children at such a program, including pro- (b) MONITORING AND ENFORCEMENT.— problems or disorders; or viding information on any staff changes, in- (1) ON-GOING REVIEW PROCESS.—Not later (II) problems with alcohol or substance cluding changes to any staff member’s quali- than 180 days after the date of the enactment abuse. fications, roles, or responsibilities, not later of this Act, the Assistant Secretary shall im- (B) EXCLUSION.—The term ‘‘covered pro- than 10 days after such changes occur. plement an on-going review process for in- gram’’ does not include— (I) Each staff member at a covered pro- vestigating and evaluating reports of child (i) a hospital licensed by the State; or gram described in subclause (I) or (II) of sec- abuse and neglect at covered programs re- (ii) a foster family home that provides 24- tion 2(4)(A)(i) shall be required, as a condi- ceived by the Assistant Secretary from the hour substitute care for children placed tion of employment, to be familiar with the appropriate State, in accordance with sec- away from their parents or guardians and for signs, symptoms, and appropriate responses tion 114(b)(3) of the Child Abuse Prevention whom the State child welfare services agen- associated with heatstroke, dehydration, and and Treatment Act, as added by section 7 of cy has placement and care responsibility and hypothermia. this Act. Such review process shall— that is licensed and regulated by the State (J) Each staff member, including volun- (A) include an investigation to determine as a foster family home. teers, shall be required, as a condition of em- if a violation of the standards required under (5) PROTECTION AND ADVOCACY SYSTEM.— ployment, to submit to a criminal history subsection (a)(1) has occurred; The term ‘‘protection and advocacy system’’ check, including a name-based search of the (B) include an assessment of the State’s means a protection and advocacy system es- National Sex Offender Registry established performance with respect to appropriateness tablished under section 143 of the Develop- pursuant to the Adam Walsh Child Protec- of response to and investigation of reports of mental Disabilities Assistance and Bill of tion and Safety Act of 2006 (Public Law 109– child abuse and neglect at covered programs Rights Act of 2000 (42 U.S.C. 15043). 248; 42 U.S.C. 16901 et seq.), a search of the and appropriateness of legal action against (6) STATE.—The term ‘‘State’’ has the State criminal registry or repository in the responsible parties in such cases; meaning given such term in section 111 of State in which the covered program is oper- (C) be completed not later than 60 days the Child Abuse Prevention and Treatment ating, and a Federal Bureau of Investigation after receipt by the Assistant Secretary of Act. fingerprint check. An individual shall be in- such a report; SEC. 3. STANDARDS AND ENFORCEMENT. eligible to serve in a position with any con- (D) not interfere with an investigation by (a) MINIMUM STANDARDS.— tact with children at a covered program if the State or a subdivision thereof; and (1) IN GENERAL.—Not later than 180 days any such record check reveals a felony con- (E) be implemented in each State in which after the date of the enactment of this Act, viction for child abuse or neglect, spousal a covered program operates until such time the Assistant Secretary for Children and abuse, a crime against children (including as each such State has satisfied the require- Families of the Department of Health and child pornography), or a crime involving vio- Human Services shall require each location lence, including rape, sexual assault, or ments under section 114(c) of the Child Abuse of a covered program that individually or to- homicide, but not including other physical Prevention and Treatment Act, as added by gether with other locations has an effect on assault or battery. section 7 of this Act, as determined by the interstate commerce, in order to provide for (K) Policies and procedures for the provi- Assistant Secretary, or two years has the basic health and safety of children at sion of emergency medical care, including elapsed from the date that such review proc- such a program, to meet the following min- policies for staff protocols for implementing ess is implemented, whichever is later. imum standards: emergency responses. (2) CIVIL PENALTIES.—Not later than 180 (A) Child abuse and neglect shall be prohib- (L) All promotional and informational ma- days after the date of the enactment of this ited. terials produced by such a program shall in- Act, the Assistant Secretary shall promul- (B) Disciplinary techniques or other prac- clude a hyperlink to or the URL address of gate regulations establishing civil penalties tices that involve the withholding of essen- the website created by the Assistant Sec- for violations of the standards required tial food, water, clothing, shelter, or medical retary pursuant to subsection (c)(1)(A). under subsection (a)(1). The regulations es- care necessary to maintain physical health, (M) Policies to require parents or legal tablishing such penalties shall incorporate mental health, and general safety, shall be guardians of a child attending such a pro- the following: prohibited. gram— (A) Any owner or operator of a covered (C) The protection and promotion of the (i) to notify, in writing, such program of program at which the Assistant Secretary right of each child at such a program to be any medication the child is taking; has found a violation of the standards re- free from physical and mechanical restraints (ii) to be notified within 24 hours of any quired under subsection (a)(1) may be as- and seclusion (as such terms are defined in changes to the child’s medical treatment and sessed a civil penalty not to exceed $50,000 section 595 of the Public Health Service Act the reason for such change; and per violation. (42 U.S.C. 290jj)) to the same extent and in (iii) to be notified within 24 hours of any (B) All penalties collected under this sub- the same manner as a non-medical, commu- missed dosage of prescribed medication. section shall be deposited in the appropriate nity-based facility for children and youth is (N) Procedures for notifying immediately, account of the Treasury of the United required to protect and promote the right of to the maximum extent practicable, but not States. its residents to be free from such restraints later than within 48 hours, parents or legal (c) DISSEMINATION OF INFORMATION.—The and seclusion under such section 595, includ- guardians with children at such a program of Assistant Secretary shall establish, main- ing the prohibitions and limitations de- any— tain, and disseminate information about the scribed in subsection (b)(3) of such section. (i) on-site investigation of a report of child following: (D) Acts of physical or mental abuse de- abuse and neglect; (1) Websites made available to the public signed to humiliate, degrade, or undermine a (ii) violation of the health and safety that contain, at a minimum, the following: child’s self-respect shall be prohibited. standards described in this paragraph; and (A) The name and each location of each (E) Each child at such a program shall (iii) violation of State licensing standards covered program, and the name of each have reasonable access to a telephone, and be developed pursuant to section 114(b)(1) of the owner and operator of each such program, informed of their right to such access, for Child Abuse Prevention and Treatment Act, operating in each State, and information re- making and receiving phone calls with as as added by section 7 of this Act. garding— much privacy as possible, and shall have ac- (O) Other standards the Assistant Sec- (i) each such program’s history of viola- cess to the appropriate State or local child retary determines appropriate to provide for tions of— abuse reporting hotline number, and the na- the basic health and safety of children at (I) regulations promulgated pursuant to tional hotline number referred to in sub- such a program. subsection (a); and section (c)(2). (2) REGULATIONS.— (II) section 114(b)(1) of the Child Abuse Pre- (F) Each staff member, including volun- (A) INTERIM REGULATIONS.—Not later than vention and Treatment Act, as added by sec- teers, at such a program shall be required, as 180 days after the date of the enactment of tion 7 of this Act; a condition of employment, to become famil- this Act, the Assistant Secretary shall pro- (ii) each such program’s current status iar with what constitutes child abuse and ne- mulgate and enforce interim regulations to with the State licensing requirements under glect, as defined by State law. carry out paragraph (1). section 114(b)(1) of the Child Abuse Preven- (G) Each staff member, including volun- (B) PUBLIC COMMENT.—The Assistant Sec- tion and Treatment Act, as added by section teers, at such a program shall be required, as retary shall, for a 90-day period beginning on 7 of this Act;

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6077 (iii) any deaths that occurred to a child (3) a summary of State progress in meeting the Stop Child Abuse in Residential Pro- while under the care of such a program, in- the requirements of this Act, including the grams for Teens Act of 2008; cluding any such deaths that occurred in the requirements under section 114 of the Child ‘‘(B) the provision of essential food, water, five year period immediately preceding the Abuse Prevention and Treatment Act, as clothing, shelter, and medical care necessary date of the enactment of this Act, and in- added by section 7 of this Act; to maintain physical health, mental health, cluding the cause of each such death; (4) a summary of the Secretary’s oversight and general safety of children at such pro- (iv) owners or operators of a covered pro- activities and findings conducted pursuant grams; gram that was found to be in violation of the to subsection (d) of such section 114; and ‘‘(C) policies for emergency medical care standards required under subsection (a)(1), or (5) a description of the activities under- preparedness and response, including min- a violation of the licensing standards devel- taken by the national toll-free telephone imum staff training and qualifications for oped pursuant to section 114(b)(1) of the hotline established pursuant to section such responses; and Child Abuse Prevention and Treatment Act, 3(c)(2). ‘‘(D) notification to appropriate staff at as added by section 7 of this Act, and who SEC. 6. AUTHORIZATION OF APPROPRIATIONS. covered programs if their position of employ- subsequently own or operate another covered There is authorized to be appropriated to ment meets the definition of mandated re- program; and the Secretary of Health and Human Services porter, as defined by the State; (v) any penalties levied under subsection $15,000,000 for each of fiscal years 2009 ‘‘(2) develop policies and procedures to (b)(2) and any other penalties levied by the through 2013 to carry out this Act (excluding monitor and enforce compliance with the li- State, against each such program. the amendment made by section 7 of this Act censing requirements developed in accord- (B) Information on best practices for help- and section 8 of this Act). ance with paragraph (1), including— ing adolescents with mental health dis- SEC. 7. ADDITIONAL ELIGIBILITY REQUIRE- ‘‘(A) designating an agency to be respon- orders, conditions, behavioral challenges, or MENTS FOR GRANTS TO STATES TO sible, in collaboration and consultation with alcohol or substance abuse, including infor- PREVENT CHILD ABUSE AND NE- State agencies providing human services (in- GLECT AT RESIDENTIAL PROGRAMS. mation to help families access effective re- cluding child protective services, and serv- sources in their communities. (a) IN GENERAL.—Title I of the Child Abuse Prevention and Treatment Act (42 U.S.C. ices to children with emotional, psycho- (2) A national toll-free telephone hotline to logical, developmental, or behavioral dys- receive complaints of child abuse and neglect 5101 et seq.) is amended by adding at the end the following new section: functions, impairments, disorders, or alcohol at covered programs and violations of the or substance abuse), State law enforcement standards required under subsection (a)(1). ‘‘SEC. 114. ADDITIONAL ELIGIBILITY REQUIRE- MENTS FOR GRANTS TO STATES TO officials, the appropriate protection and ad- (d) ACTION.—The Assistant Secretary shall vocacy system, and courts of competent ju- establish a process to— PREVENT CHILD ABUSE AND NE- risdiction, for monitoring and enforcing such (1) ensure complaints of child abuse and GLECT AT RESIDENTIAL PROGRAMS. ‘‘(a) DEFINITIONS.—In this section: compliance; neglect received by the hotline established ‘‘(1) CHILD.—The term ‘child’ means an in- ‘‘(B) establishing a State licensing applica- pursuant to subsection (c)(2) are promptly dividual who has not attained the age of 18. tion process through which any individual reviewed by persons with expertise in evalu- ‘‘(2) COVERED PROGRAM.— seeking to operate a covered program would ating such types of complaints; ‘‘(A) IN GENERAL.—The term ‘covered pro- be required to disclose all previous substan- (2) immediately notify the State, appro- gram’ means each location of a program op- tiated reports of child abuse and neglect and priate local law enforcement, and the appro- erated by a public or private entity that, all child deaths at any businesses previously priate protection and advocacy system of with respect to one or more children who are or currently owned or operated by such indi- any credible complaint of child abuse and ne- unrelated to the owner or operator of the vidual, except that substantiated reports of glect at a covered program received by the program— child abuse and neglect may remain con- hotline; ‘‘(i) provides a residential environment, fidential and all reports shall not contain (3) investigate any such credible complaint such as— any personally identifiable information re- not later than 30 days after receiving such ‘‘(I) a program with a wilderness or out- lating to the identity of individuals who complaint to determine if a violation of the door experience, expedition, or intervention; were the victims of such child abuse and ne- standards required under subsection (a)(1) ‘‘(II) a boot camp experience or other expe- glect; has occurred; and rience designed to simulate characteristics ‘‘(C) conducting unannounced site inspec- (4) ensure the collaboration and coopera- of basic military training or correctional re- tions not less often than once every two tion of the hotline established pursuant to gimes; years at each location of a covered program; subsection (c)(2) with other appropriate Na- ‘‘(III) a therapeutic boarding school; or ‘‘(D) creating a non-public database, to be tional, State, and regional hotlines, and, as ‘‘(IV) a behavioral modification program; integrated with the annual State data re- appropriate and practicable, with other hot- and ports required under section 106(d), of reports lines that might receive calls about child ‘‘(ii) operates with a focus on serving chil- of child abuse and neglect at covered pro- abuse and neglect at covered programs. dren with— grams operating in the State, except that SEC. 4. ENFORCEMENT BY THE ATTORNEY GEN- such reports shall not contain any person- ERAL. ‘‘(I) emotional, behavioral, or mental ally identifiable information relating to the If the Assistant Secretary determines that health problems or disorders; or identity of individuals who were the victims a violation of subsection (a)(1) of section 3 ‘‘(II) problems with alcohol or substance has not been remedied through the enforce- abuse. of such child abuse and neglect; and ment process described in subsection (b)(2) of ‘‘(B) EXCLUSION.—The term ‘covered pro- ‘‘(E) implementing a policy of graduated such section, the Assistant Secretary shall gram’ does not include— sanctions, including fines and suspension and refer such violation to the Attorney General ‘‘(i) a hospital licensed by the State; or revocation of licences, against covered pro- for appropriate action. Regardless of whether ‘‘(ii) a foster family home that provides 24- grams operating in the State that are out of such a referral has been made, the Attorney hour substitute care for children place away compliance with such health and safety li- General may, sua sponte, file a complaint in from their parents or guardians and for censing requirements; any court of competent jurisdiction seeking whom the State child welfare services agen- ‘‘(3) if the State is not yet satisfying the equitable relief or any other relief author- cy has placement and care responsibility and requirements of this subsection, in accord- ized by this Act for such violation. that is licensed and regulated by the State ance with a determination made pursuant to SEC. 5. REPORT. as a foster family home. subsection (c), develop policies and proce- Not later than one year after the date of ‘‘(3) PROTECTION AND ADVOCACY SYSTEM.— dures for notifying the Secretary and the ap- the enactment of this Act and annually The term ‘protection and advocacy system’ propriate protection and advocacy system of thereafter, the Secretary of Health and means a protection and advocacy system es- any report of child abuse and neglect at a Human Services, in coordination with the tablished under section 143 of the Develop- covered program operating in the State not Attorney General shall submit to the Com- mental Disabilities Assistance and Bill of later than 30 days after the appropriate mittee on Education and Labor of the House Rights Act of 2000 (42 U.S.C. 15043). State entity, or subdivision thereof, deter- of Representatives and the Committee on ‘‘(b) ELIGIBILITY REQUIREMENTS.—To be eli- mines such report should be investigated and Health, Education, Labor, and Pensions of gible to receive a grant under section 106, a not later than 48 hours in the event of a fa- the Senate, a report on the activities carried State shall— tality; out by the Assistant Secretary and the At- ‘‘(1) not later than three years after the ‘‘(4) if the Secretary determines that the torney General under this Act, including— date of the enactment of this section, de- State is satisfying the requirements of this (1) a summary of findings from on-going re- velop policies and procedures to prevent subsection, in accordance with a determina- views conducted by the Assistant Secretary child abuse and neglect at covered programs tion made pursuant to subsection (c), de- pursuant to section 3(b)(1), including a de- operating in such State, including having in velop policies and procedures for notifying scription of the number and types of covered effect health and safety licensing require- the Secretary if— programs investigated by the Assistant Sec- ments applicable to and necessary for the op- ‘‘(A) the State determines there is evidence retary pursuant to such section; eration of each location of such covered pro- of a pattern of violations of the standards re- (2) a description of types of violations of grams that include, at a minimum— quired under paragraph (1) at a covered pro- health and safety standards found by the As- ‘‘(A) standards that meet or exceed the gram operating in the State or by an owner sistant Secretary and any penalties assessed; standards required under section 3(a)(1) of or operator of such a program; or

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6078 CONGRESSIONAL RECORD — HOUSE June 25, 2008 ‘‘(B) there is a child fatality at a covered Teens Act of 2008, the Secretary shall imple- plan submitted pursuant to subparagraph (A) program operating in the State; ment a process for continued monitoring of a description of the activities the State will ‘‘(5) develop policies and procedures for es- each State that is determined to be satis- carry out to comply with the requirements tablishing and maintaining a publicly avail- fying the licensing, monitoring, and enforce- under such section 114(b).’’. able database of all covered programs oper- ment requirements of subsection (b), in ac- (3) ANNUAL STATE DATA REPORTS.—Section ating in the State, including the name and cordance with a determination made pursu- 106(d) of the Child Abuse Prevention and each location of each such program and the ant to subsection (c), with respect to the per- Treatment Act (42 U.S.C. 5106a(d)) is amend- name of the owner and operator of each such formance of each such State regarding— ed— program, information on reports of substan- ‘‘(A) preventing child abuse and neglect at (A) in paragraph (1), by inserting before tiated child abuse and neglect at such pro- covered programs operating in each such the period at the end the following: ‘‘(includ- grams (except that such reports shall not State; and ing reports of child abuse and neglect occur- contain any personally identifiable informa- ‘‘(B) enforcing the licensing standards de- ring at covered programs (except that such tion relating to the identity of individuals scribed in subsection (b)(1). reports shall not contain any personally who were the victims of such child abuse and ‘‘(2) EVALUATIONS.—The process required identifiable information relating to the iden- neglect and that such database shall include under paragraph (1) shall include in each tity of individuals who were the victims of and provide the definition of ‘substantiated’ State, at a minimum— such child abuse and neglect), as such term used in compiling the data in cases that have ‘‘(A) an investigation not later than 60 is defined in section 114)’’; and not been finally adjudicated), violations of days after receipt by the Secretary of a re- (B) in paragraph (6), by inserting before the standards required under paragraph (1), and port from a State, or a subdivision thereof, period at the end the following: ‘‘or who were all penalties levied against such programs; of child abuse and neglect at a covered pro- in the care of a covered program, as such ‘‘(6) annually submit to the Secretary a re- gram operating in the State, and submission term is defined in section 114’’. port that includes— of findings to appropriate law enforcement (d) CLERICAL AMENDMENT.—Section 1(b) of ‘‘(A) the name and each location of all cov- or other local entity where necessary, if the the Child Abuse Prevention and Treatment ered programs, including the names of the report indicates— Act (42 U.S.C. 5101 note) is amended by in- owners and operators of such programs, oper- ‘‘(i) a child fatality at such program; or serting after the item relating to section 113 ating in the State, and any violations of ‘‘(ii) there is evidence of a pattern of viola- the following new item: State licensing requirements developed pur- tions of the standards required under sub- ‘‘Sec. 114. Additional eligibility require- suant to subsection (b)(1); and section (b)(1) at such program or by an owner ments for grants to States to ‘‘(B) a description of State activities to or operator of such program; prevent child abuse and neglect monitor and enforce such State licensing re- ‘‘(B) an annual review by the Secretary of at residential programs.’’. quirements, including the names of owners cases of reports of child abuse and neglect in- and operators of each covered program that vestigated at covered programs operating in SEC. 8. STUDY AND REPORT ON OUTCOMES IN COVERED PROGRAMS. underwent a site inspection by the State, the State to assess the State’s performance (a) STUDY.—The Secretary of Health and and a summary of the results and any ac- with respect to the appropriateness of re- Human Services shall conduct a study, in tions taken; and sponse to and investigation of reports of consultation with relevant agencies and ex- ‘‘(7) if the Secretary determines that the child abuse and neglect at covered programs perts, to examine the outcomes for children State is satisfying the requirements of this and the appropriateness of legal actions in both private and public covered programs subsection, in accordance with a determina- taken against responsible parties in such under this Act encompassing a broad rep- tion made pursuant to subsection (c), de- cases; and resentation of treatment facilities and geo- velop policies and procedures to report to the ‘‘(C) unannounced site inspections of cov- graphic regions. appropriate protection and advocacy system ered programs operating in the State to (b) REPORT.—The Secretary shall submit to any case of the death of an individual under monitor compliance with the standards re- the Committee on Education and Labor of the control or supervision of a covered pro- quired under section 3(a) of the Stop Child the House of Representatives and the Com- gram not later than 48 hours after the State Abuse in Residential Programs for Teens Act mittee on Health, Education, Labor, and is informed of such death. of 2008. Pensions of the Senate a report that con- ‘‘(c) SECRETARIAL DETERMINATION.—The ‘‘(3) ENFORCEMENT.—If the Secretary deter- tains the results of the study conducted Secretary shall not determine that a State’s mines, pursuant to an evaluation under this under subsection (a). licensing requirements, monitoring, and en- subsection, that a State is not adequately forcement of covered programs operating in implementing, monitoring, and enforcing the The SPEAKER pro tempore. Pursu- the State satisfy the requirements of this licensing requirements of subsection (b)(1), ant to the rule, the gentleman from subsection (b) unless— the Secretary shall require, for a period of California (Mr. GEORGE MILLER) and ‘‘(1) the State implements licensing re- not less than one year, that— the gentleman from Pennsylvania (Mr. quirements for such covered programs that ‘‘(A) the State shall inform the Secretary PLATTS) each will control 20 minutes. meet or exceed the standards required under of each instance there is a report to be inves- The Chair recognizes the gentleman subsection (b)(1); tigated of child abuse and neglect at a cov- ‘‘(2) the State designates an agency to be from California. ered program operating in the State; and Mr. GEORGE MILLER of California. responsible for monitoring and enforcing ‘‘(B) the Secretary and the appropriate compliance with such licensing require- local agency shall jointly investigate such Madam Speaker, I yield myself such ments; report.’’. time as I may consume. ‘‘(3) the State conducts unannounced site (b) AUTHORIZATION OF APPROPRIATIONS.— I rise in strong support of H.R. 6358, inspections of each location of such covered Section 112(a)(1) of the Child Abuse Preven- the Stop Child Abuse in Residential programs not less often than once every two tion and Treatment Act (42 U.S.C. Programs for Teens Act of 2008. years; 5106h(a)(1)) is amended by inserting before This legislation incorporates the bi- ‘‘(4) the State creates a non-public data- the period at the end the following: ‘‘, and partisan compromise amendment to base of such covered programs, to include in- $235,000,000 for each of fiscal years 2009 formation on reports of child abuse and ne- through 2013’’. H.R. 5876 that this House debated yes- glect at such programs (except that such re- (c) CONFORMING AMENDMENTS.— terday and supported by a vote of 422 in ports shall not contain any personally iden- (1) COORDINATION WITH AVAILABLE RE- a recorded vote that was taken on the tifiable information relating to the identity SOURCES.—Section 103(c)(1)(D) of the Child substitute amendments. of individuals who were the victims of such Abuse Prevention and Treatment Act (42 The ranking member, Mr. MCKEON, child abuse and neglect); U.S.C. 5104(c)(1)(D)) is amended by inserting and I worked together to develop this ‘‘(5) the State implements a policy of grad- after ‘‘specific’’ the following: ‘‘(including compromise legislation because we uated sanctions, including fines and suspen- reports of child abuse and neglect occurring both agree that children’s health and at covered programs (except that such re- sion and revocation of licenses against such safety should never be a partisan issue. covered programs that are out of compliance ports shall not contain any personally iden- with the health and safety licensing require- tifiable information relating to the identity The Government Accountability Of- ments under subsection (b)(1); and of individuals who were the victims of such fice has found thousands of cases and ‘‘(6) after a review of assessments con- child abuse and neglect), as such term is de- allegations of child abuse and neglect, ducted under section 3(b)(2)(B) of the Stop fined in section 114)’’. stretching back decades, to teen resi- Child Abuse in Residential Programs for (2) FURTHER REQUIREMENT.—Section dential programs, including boot Teens Act of 2008, the Secretary determines 106(b)(1) of the Child Abuse Prevention and camps, wilderness camps, and thera- the State is appropriately investigating and Treatment Act (42 U.S.C. 5106a(b)(1)) is peutic boarding schools. responding to allegations of child abuse and amended by adding at the end the following The Education and Labor Committee neglect at such covered programs. new subparagraph: ‘‘(d) OVERSIGHT.— ‘‘(C) FURTHER REQUIREMENT.—To be eligible has closely reviewed dozens of serious ‘‘(1) IN GENERAL.—Beginning two years to receive a grant under this section, a State neglect and abuse cases, including after the date of the enactment of the Stop shall comply with the requirements under cases that resulted in the death of a Child Abuse in Residential Programs for section 114(b) and shall include in the State child. We have heard from parents of

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6079 children who died of preventable causes They would require that programs both public and private residential at the hands of untrained, uncaring have plans in place to handle medical treatment programs. The language also staff members. We have heard from emergencies. They would also include contains strong background check re- adults who attended these programs as new training requirements for program quirements that ensure that before teens. They too were the victims of staff, including the training on how to coming into contact with children, po- physical and emotional abuse and wit- identify and report child abuse. tential employees are thoroughly scru- nessed other children being abused. The legislation requires Health and tinized with tools, including the Na- These abuses have been allowed to go Human Services to set up a toll-free tional Sex Offender Registry and an on because of the weak State and Fed- hotline for people to call to report FBI fingerprint check. eral rules governing teen residential abuse in these programs. It also re- Stopping child abuse is a necessary programs. quires Health and Human Services to and essential function of State and An 18-month study by the Govern- create a Web site for information about local government. It is clear to me that ment Accountability Office showed each program so that parents can look the most effective and appropriate way that State licensing may exclude cer- and see if substantiated cases of child to protect those enrolled in these pro- tain types of teen residential programs abuse or a child fatality has occurred grams is to require States to establish and thus place children at higher risk at the program that they are consid- a system of standards, licensure, and of abuse and neglect. In some States ering for their children. regulation to ensure that States are inconsistent licensing enables pro- Finally, the legislation requires pro- working to stop instances of abuse and grams to define themselves out of the grams to disclose to parents the quali- neglect at residential treatment pro- licensing altogether. According to fications, roles, and responsibilities of grams. The Federal role is to ensure GAO, in Texas a program that calls all current staff members, and requires that States live up to their vital re- itself a residential treatment center programs to notify parents of substan- sponsibilities in stopping abuse in would be required to obtain a license, tiated child abuse or violations of these facilities. but if that same program simply called health and safety laws. In this bill, the responsibility for li- itself a boarding school, it would not be Madam Speaker, we have the respon- censing and inspecting these programs required to have that license, and sibility to keep children safe, no mat- rests with the States and is tied to that’s why this legislation is terribly ter what setting they are in. Today, we their receipt of funds under the Child important. are taking an important step to finally Abuse Prevention and Treatment Act. The role of the Federal Government re- b 1730 ending the horrific abuses that have gone on in these residential programs lates to establishing minimum stand- Parents send their children to these ards and investigating instances of programs because they feel they have for teens. I want to thank again Congress- abuse and neglect upon a referral from exhausted their alternatives. Their a State. children may be abusing drugs or alco- woman MCCARTHY of New York for all of her help and work on this legisla- I think Members on both sides of the hol, attempting to run away or phys- aisle can agree that there’s still more tion, and Congressman MCKEON for all ically harm themselves, or otherwise work to be done. Just yesterday, Con- of his work on this legislation. His sug- acting out. They turn to these pro- gresswoman BACHMANN offered a pro- gestions as the bill left the committee grams because the promise of staff posal to strengthen parental notifica- made this a better piece of legislation, members that will help their children tion and consent requirements regard- and I encourage my colleagues to sup- straighten out their lives. And surely ing prescription medications given to port the bipartisan legislation. there are many cases in which pro- teens at residential treatment facili- I reserve the balance of my time. grams do provide families the help ties. Hopefully, this important issue they need. These parents are desperate Mr. PLATTS. Madam Speaker, I yield myself such time as I may con- will be further addressed as this legis- and their children are in deep trouble. lation moves through the legislative But in far too many cases, when par- sume. I rise today in support of H.R. 6358, process. ents turn to those programs, they find In closing, it’s important to acknowl- the Stop Child Abuse in Residential they are getting conflicted information edge the great progress that has al- Programs for Teens Act. H.R. 6358 puts by people who have conflicts of interest ready been made to strike a bipartisan protections in place to guard against in recommending the care for their consensus. I especially want to com- abuse, neglect, and death at residential children, financial conflicts of interest, mend Chairman MILLER, Sub- treatment programs. These residential ownership issues, and relationship committee Chairwoman MCCARTHY and treatment programs help seriously issues that conflict that kind of advice. Ranking Member MCKEON, along with We also know that we see programs troubled teens with drug addiction or their staffs, for working together to that violate the trust that must be es- behavioral or emotional problems. For strengthen this important effort to tablished between the parent and these many parents, they are a last resort protect our nation’s teens against programs and the programs and the when no other treatments or interven- abuse and neglect in residential treat- children. It’s very difficult for these tions have worked. ment facilities. I stand in strong sup- parents to find good programs and to Members on both sides of the aisle port of this important legislation and find accurate information, since the re- share a commitment to protect young encourage my colleagues to also sup- porting requirements are so thin or people enrolled in residential treat- port it. nonexistent in so many States. ment programs. Even one instance of I yield back the balance of my time. This legislation requires the Depart- abuse, neglect, or death is one too Mr. GEORGE MILLER of California. ment of Health and Human Services to many. I want to thank Congressman PLATTS establish minimum standards for resi- The bill we are considering today has for his support of this legislation. dential programs, and to enforce them. been developed in an effort to reach a Ms. JACKSON-LEE of Texas. Madam Ultimately, however, the States will bipartisan consensus. It’s important to Speaker, I rise today in strong support of H.R. have primary responsibility for car- note that the provisions in the version 6358, ‘‘Stop the Child Abuse in Residential rying out the work of this bill. of this bill that the Education and Programs for Teens’’. I would like to thank my The legislation calls upon the States Labor Committee reported in May have colleagues on the Committee on Education within 3 years to take up the role of been revised or edited, including the and Labor for bringing this very important leg- setting standards and enforcing them requirement for the Department of islation to the floor. at all programs, public and private. Health and Human Services to estab- On Capitol Hill we often debate matters that The Health and Human Services and lish a new bureaucracy to inspect every can address varying viewpoints. I believe that the State standards would include pro- private residential treatment program this legislation can only be looked at from two hibitions on physical, sexual, and men- in every State, and the requirement angles—right and wrong. I do believe that this tal abuse of children. The standards creating a new private right of action bill must restore the spot check visits by HHS would require the programs to provide for lawsuits. which have been deleted—the agencies in children with adequate food, water, and This legislation ensures that the Texas are guilty of many abuses and these medical care. standards required in the bill apply to visits can save children’s lives.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00069 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6080 CONGRESSIONAL RECORD — HOUSE June 25, 2008 They are everybody’s children, and no- need better regulation. The youth boot camps resolution (H. Res. 1304) providing for body’s children. They are the forgotten chil- and other ‘‘alternative placement facilities’’ consideration of the bill (H.R. 6052) to dren in the Texas foster care and residential should be forced to provide greater trans- promote increased public transpor- care system. Black, White, Hispanic, and parency as to the policies and practices of tation use, to promote increased use of Asian—they all need the love of a mother, the their programs. alternative fuels in providing public nurturing of a family, and the support of their This legislation is a welcomed and needed transportation, and for other purposes, community. Some of them find homes with response to numerous studies documenting which was referred to the House Cal- caring foster parents or in treatment centers the ineffectiveness of these programs and, in endar and ordered to be printed. with experienced and caring providers. And several instances, the tragic deaths as a result f some do not. of child abuse and neglect as reported by the This legislation allows us to keep our chil- GAO in October 2007. Too many families ANNOUNCEMENT BY THE SPEAKER dren safe with: struggle mightily in nearly every State to find PRO TEMPORE New national standards for private and pub- placements, when appropriate, for their chil- The SPEAKER pro tempore. Pursu- lic residential programs: dren that will address their complex mental ant to clause 8 of rule XX, proceedings Prohibit programs from physically, mentally, health needs. will resume on questions previously or sexually abusing children in their care; These facilities flourish, in part, because postponed. Prohibit programs from denying children es- parents lack the necessary information about Votes will be taken in the following sential water, food, clothing, shelter, or med- the operation and practices of these programs. order: motion to suspend with respect ical care—whether as a form of punishment or The promise of help cannot be allowed to ob- to H.R. 6358; passage of H.R. 3195; and for any other reason; scure the fact that these kinds of programs motion to instruct on H.R. 4040. Require that programs only physically re- are not science-based and have not been The first electronic vote will be con- strain children if it is necessary for their safety forthcoming about the incidence of neglect or ducted as a 15-minute vote. Remaining or the safety of others, and to do so in a way abuse. electronic votes will be conducted as 5- that is consistent with existing Federal law on This addresses the challenges facing many minute votes. the use of restraints; families. It seeks relief from these risks by (1) Require programs to provide children with establishing standards for these programs that f reasonable access to a telephone and inform are consistent with current child protection STOP CHILD ABUSE IN RESIDEN- children of their right to use the phone; laws; (2) ensuring that personnel are qualified; TIAL PROGRAMS FOR TEENS Require programs to train staff in under- (3) shifting these programs to be family-cen- ACT OF 2008 standing what constitutes child abuse and ne- tered, as well as culturally and develop- The SPEAKER pro tempore. The un- glect and how to report it; and mentally appropriate; (4) creating mechanisms finished business is the vote on the mo- Require programs to have plans in place to for the monitoring and enforcement of these tion to suspend the rules and pass the provide emergency medical care. goals; (5) calling for greater transparency and bill, H.R. 6358, on which the yeas and Prevent deceptive marketing by residential accessibility to the compliance of these stand- nays were ordered. programs for teens: ards; and (6) providing grants to States for the The Clerk read the title of the bill. Require programs to disclose to parents the prevention of child abuse and neglect and for The SPEAKER pro tempore. The qualifications, roles, and responsibilities of all the treatment of children’s mental health or question is on the motion offered by current staff members; substance use conditions. the gentleman from California (Mr. Require programs to notify parents of sub- Additionally, the annual report to Congress GEORGE MILLER) that the House sus- stantiated reports of child abuse or violations is an effective tool in ensuring that these crit- pend the rules and pass the bill, H.R. of health and safety laws; and ical issues emerge from the shadows and see 6358. Require programs to include a link or Web the light of day. I share the vision and commit- The vote was taken by electronic de- address for the Web site of the U.S. Depart- ment of Chairman MILLER and the Education vice, and there were—yeas 318, nays ment of Health and Human Services, which and Labor Committee in protecting our youth 103, not voting 13, as follows: will carry information on residential programs. from such predators. Hold teen residential programs accountable I urge my colleagues to vote for our chil- [Roll No. 459] for violating the law: dren, vote for our families, and vote for H.R. YEAS—318 Require States to inform the U.S. Depart- 6358. Abercrombie Calvert Diaz-Balart, L. ment of Health and Human Services of reports Mr. GEORGE MILLER of California. Ackerman Capito Diaz-Balart, M. of child abuse and neglect at covered pro- Alexander Capps Dicks I yield back the balance of my time. Allen Capuano Dingell grams and require HHS to conduct investiga- The SPEAKER pro tempore. The Altmire Cardoza Doggett tions of such programs to determine if a viola- question is on the motion offered by Andrews Carnahan Donnelly tion of the national standards has occurred; the gentleman from California (Mr. Arcuri Carney Doyle Baca Carson Dreier and GEORGE MILLER) that the House sus- Bachus Castle Edwards (MD) Give HHS the authority to assess civil pen- pend the rules and pass the bill, H.R. Baird Castor Edwards (TX) alties of up to $50,000 against programs for 6358. Baldwin Cazayoux Ehlers every violation of the law. Barrow Chandler Ellison The question was taken. Bartlett (MD) Childers Ellsworth Ask States to step in to protect teens in res- The SPEAKER pro tempore. In the Bean Clarke Emanuel idential programs: Three years after enact- opinion of the Chair, two-thirds being Becerra Clay Emerson ment, the legislation would provide certain in the affirmative, the ayes have it. Berkley Cleaver Engel Federal grant money to States only if they de- Berman Clyburn English (PA) Mr. PLATTS. Madam Speaker, on Berry Cohen Eshoo velop their own licensing standards (that are that I demand the yeas and nays. Biggert Conaway Etheridge at least as strong as national standards) for The yeas and nays were ordered. Bilirakis Conyers Fallin public and private residential programs for The SPEAKER pro tempore. Pursu- Bishop (GA) Cooper Farr Bishop (NY) Costa Fattah teens and implement a monitoring and en- ant to clause 8 of rule XX and the Blumenauer Costello Ferguson forcement system, including conducting unan- Chair’s prior announcement, further Boren Courtney Filner nounced site inspections of all programs at proceedings on this motion will be Boswell Cramer Fortenberry least once every 2 years. The Department of Boucher Crowley Foster postponed. Boustany Cuellar Frank (MA) Health and Human Services would continue to f Boyd (FL) Culberson Frelinghuysen inspect programs where a child fatality has oc- Boyda (KS) Cummings Gallegly curred or where a pattern of violations has REPORT ON RESOLUTION PRO- Brady (PA) Davis (AL) Gerlach emerged. VIDING FOR CONSIDERATION OF Braley (IA) Davis (CA) Giffords H.R. 6052, SAVING ENERGY Brown (SC) Davis (IL) Gillibrand This legislation seeks to protect the unpro- Brown, Corrine Davis, Lincoln Gonzalez tected—our children—from abuse, neglect and THROUGH PUBLIC TRANSPOR- Brown-Waite, Davis, Tom Gordon exploitation. Many of these children are not TATION ACT OF 2008 Ginny DeFazio Graves Buchanan DeGette Green, Al safe, and their futures are uncertain. The Mr. MCGOVERN, from the Com- Burgess Delahunt Green, Gene groups serving children and adolescents with mittee on Rules, submitted a privi- Butterfield DeLauro Grijalva mental health or substance use conditions leged report (Rept. No. 110–734) on the Buyer Dent Gutierrez

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6081 Hall (NY) McCollum (MN) Sa´ nchez, Linda Ryan (WI) Smith (NE) Wamp Davis (KY) Kanjorski Petri Hare McDermott T. Sali Smith (TX) Weldon (FL) Davis, David Kaptur Pickering Harman McGovern Sanchez, Loretta Schmidt Souder Westmoreland Davis, Lincoln Keller Pitts Hastings (FL) McHugh Sarbanes Sensenbrenner Stearns Wilson (NM) Davis, Tom Kennedy Platts Hayes McIntyre Saxton Sessions Tancredo Wilson (SC) Deal (GA) Kildee Pomeroy Heller McKeon Scalise Shadegg Thornberry Wittman (VA) DeFazio Kilpatrick Porter Herseth Sandlin McNerney Schakowsky Shuster Turner Wolf DeGette Kind Price (NC) Higgins Delahunt King (IA) Pryce (OH) McNulty Schiff NOT VOTING—13 Hill Meek (FL) Schwartz DeLauro King (NY) Radanovich Hinchey Meeks (NY) Scott (GA) Cannon Lampson Snyder Dent Kirk Rahall Hinojosa Melancon Scott (VA) Cubin Mahoney (FL) Speier Diaz-Balart, L. Klein (FL) Ramstad Hirono Michaud Serrano Fossella McCotter Weller Diaz-Balart, M. Kline (MN) Rangel Hobson Miller (MI) Sestak Gilchrest Putnam Dicks Knollenberg Regula Hodes Miller (NC) Shays Johnson (GA) Rush Dingell Kucinich Rehberg Holden Miller, Gary Shea-Porter Doggett Kuhl (NY) Reichert ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Holt Miller, George Sherman Donnelly LaHood Renzi Honda Mitchell Shimkus The SPEAKER pro tempore (during Doyle Lamborn Reyes Hooley Mollohan Shuler the vote). Members are advised that Drake Langevin Reynolds Hoyer Dreier Larsen (WA) Richardson Moore (KS) Simpson less than 2 minutes remain on this Hulshof Moore (WI) Sires Edwards (MD) Larson (CT) Rodriguez Inslee Moran (KS) Skelton vote. Edwards (TX) Latham Rogers (AL) Israel Moran (VA) Slaughter Ehlers LaTourette Rogers (KY) Issa Murphy (CT) Smith (NJ) b 1803 Ellison Latta Rogers (MI) Ellsworth Lee Rohrabacher Jackson (IL) Murphy, Patrick Smith (WA) Emanuel Levin Ros-Lehtinen Jackson-Lee Murphy, Tim Solis Messrs. EVERETT, WITTMAN of Vir- Emerson Lewis (CA) Roskam (TX) Murtha Space ginia, BOOZMAN, Mrs. SCHMIDT, Engel Lewis (GA) Ross Jefferson Nadler Spratt Messrs. MICA and SMITH of Texas, and Johnson (IL) English (PA) Lewis (KY) Rothman Napolitano Stark Johnson, E. B. Mrs. MUSGRAVE changed their vote Eshoo Lipinski Roybal-Allard Neal (MA) Stupak Jones (NC) Etheridge LoBiondo Royce Nunes Sullivan from ‘‘yea’’ to ‘‘nay.’’ Jones (OH) Everett Loebsack Ruppersberger Oberstar Sutton Messrs. KUCINICH, BOUSTANY, Kagen Fallin Lofgren, Zoe Ryan (OH) Obey Tanner Kanjorski GALLEGLY, CULBERSON, WAL- Farr Lowey Ryan (WI) Olver Tauscher Kaptur BERG, Ms. FALLIN, Messrs. LEWIS of Fattah Lucas Salazar Ortiz Taylor Keller Feeney Lungren, Daniel Sali Pallone Terry California, MORAN of Kansas, and Mr. Kennedy Ferguson E. Sa´ nchez, Linda Pascrell Thompson (CA) ISSA changed their vote from ‘‘nay’’ to Kildee Filner Lynch T. Pastor Thompson (MS) Kilpatrick ‘‘yea.’’ Forbes Mack Sanchez, Loretta Kind Payne Tiahrt So (two-thirds being in the affirma- Fortenberry Maloney (NY) Sarbanes Pearce Tiberi King (NY) tive) the rules were suspended and the Foster Manzullo Saxton Kirk Perlmutter Tierney Foxx Markey Scalise Klein (FL) Peterson (MN) Towns bill was passed. Frank (MA) Marshall Schakowsky Knollenberg Petri Tsongas The result of the vote was announced Franks (AZ) Matheson Schiff Kucinich Pickering Udall (CO) Frelinghuysen Matsui Schmidt Platts Udall (NM) as above recorded. Kuhl (NY) A motion to reconsider was laid on Gallegly McCarthy (CA) Schwartz LaHood Pomeroy Upton Gerlach McCarthy (NY) Scott (GA) Langevin Porter Van Hollen the table. Giffords McCaul (TX) Scott (VA) Larsen (WA) Price (NC) Vela´ zquez Gillibrand McCollum (MN) Sensenbrenner Larson (CT) Pryce (OH) Visclosky f Gingrey McCrery Serrano Latham Rahall Walberg Gonzalez McDermott Sessions LaTourette Ramstad Walden (OR) ADA AMENDMENTS ACT OF 2008 Goode McGovern Sestak Rangel Walsh (NY) Lee The SPEAKER pro tempore. The un- Goodlatte McHenry Shadegg Levin Regula Walz (MN) Gordon McHugh Shays Lewis (CA) Rehberg Wasserman finished business is the vote on the pas- Granger McIntyre Shea-Porter Lewis (GA) Reichert Schultz sage of the bill, H.R. 3195, on which the Graves McKeon Sherman Lipinski Renzi Waters yeas and nays were ordered. Green, Al McMorris Shimkus LoBiondo Reyes Watson Green, Gene Rodgers Shuler Loebsack Reynolds Watt The Clerk read the title of the bill. Grijalva McNerney Shuster Lofgren, Zoe Richardson Waxman The SPEAKER pro tempore. The Gutierrez McNulty Simpson Lowey Rodriguez Weiner question is on the passage of the bill. Hall (NY) Meek (FL) Sires Lucas Rogers (KY) Welch (VT) This is a 5-minute vote. Hall (TX) Meeks (NY) Skelton Lynch Ros-Lehtinen Wexler Hare Melancon Smith (NE) Maloney (NY) Roskam Whitfield (KY) The vote was taken by electronic de- Harman Mica Smith (NJ) Markey Ross Wilson (OH) vice, and there were—yeas 402, nays 17, Hastings (FL) Michaud Smith (TX) Marshall Rothman Woolsey not voting 15, as follows: Hastings (WA) Miller (FL) Smith (WA) Matheson Roybal-Allard Wu Hayes Miller (MI) Solis Matsui Ruppersberger Yarmuth [Roll No. 460] Heller Miller (NC) Space McCarthy (CA) Ryan (OH) Young (AK) YEAS—402 Herger Miller, Gary Spratt McCarthy (NY) Salazar Young (FL) Herseth Sandlin Miller, George Stark Abercrombie Blunt Carney Higgins Mitchell Stearns NAYS—103 Ackerman Boehner Carson Hill Mollohan Stupak Aderholt Bonner Carter Hinchey Moore (KS) Sullivan Aderholt Drake Lewis (KY) Akin Bono Mack Castle Hinojosa Moore (WI) Sutton Akin Duncan Linder Alexander Boozman Castor Hirono Moran (KS) Tanner Bachmann Everett Lungren, Daniel Allen Boren Cazayoux Hobson Moran (VA) Tauscher Barrett (SC) Feeney E. Altmire Boswell Chabot Hodes Murphy (CT) Taylor Barton (TX) Flake Mack Andrews Boucher Chandler Hoekstra Murphy, Patrick Terry Bilbray Forbes Manzullo Arcuri Boustany Childers Holden Murphy, Tim Thompson (CA) Bishop (UT) Foxx Marchant Baca Boyd (FL) Clarke Holt Murtha Thompson (MS) Blackburn Franks (AZ) McCaul (TX) Bachmann Boyda (KS) Clay Honda Musgrave Thornberry Blunt Garrett (NJ) McCrery Bachus Brady (PA) Cleaver Hooley Myrick Tiahrt Boehner Gingrey McHenry Baird Brady (TX) Clyburn Hoyer Nadler Tiberi Bonner Gohmert McMorris Baldwin Braley (IA) Coble Hulshof Napolitano Tierney Bono Mack Goode Rodgers Barrett (SC) Brown (SC) Cohen Hunter Neal (MA) Towns Boozman Goodlatte Mica Barrow Brown, Corrine Cole (OK) Inglis (SC) Neugebauer Tsongas Brady (TX) Granger Miller (FL) Bartlett (MD) Brown-Waite, Conaway Inslee Nunes Turner Broun (GA) Hall (TX) Musgrave Barton (TX) Ginny Conyers Israel Oberstar Udall (CO) Burton (IN) Hastings (WA) Myrick Bean Buchanan Cooper Issa Obey Udall (NM) Camp (MI) Hensarling Neugebauer Becerra Burgess Costa Jackson (IL) Olver Upton Campbell (CA) Herger Paul Berkley Burton (IN) Costello Jackson-Lee Ortiz Van Hollen Cantor Hoekstra Pence Berman Butterfield Courtney (TX) Pallone Vela´ zquez Carter Hunter Peterson (PA) Berry Buyer Cramer Jefferson Pascrell Visclosky Chabot Inglis (SC) Pitts Biggert Calvert Crenshaw Johnson (IL) Pastor Walberg Coble Johnson, Sam Poe Bilbray Camp (MI) Crowley Johnson, E. B. Payne Walden (OR) Cole (OK) Jordan Price (GA) Bilirakis Cantor Cuellar Johnson, Sam Pearce Walsh (NY) Crenshaw King (IA) Radanovich Bishop (GA) Capito Culberson Jones (NC) Pence Walz (MN) Davis (KY) Kingston Rogers (AL) Bishop (NY) Capps Cummings Jones (OH) Perlmutter Wamp Davis, David Kline (MN) Rogers (MI) Bishop (UT) Capuano Davis (AL) Jordan Peterson (MN) Wasserman Deal (GA) Lamborn Rohrabacher Blackburn Cardoza Davis (CA) Kagen Peterson (PA) Schultz Doolittle Latta Royce Blumenauer Carnahan Davis (IL)

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6082 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Waters Wexler Wolf Capps Hall (NY) Meek (FL) Shuler Terry Waters Watson Whitfield (KY) Woolsey Capuano Hall (TX) Meeks (NY) Shuster Thompson (CA) Watson Watt Wilson (NM) Wu Cardoza Hare Melancon Sires Thompson (MS) Watt Waxman Wilson (OH) Yarmuth Carnahan Harman Mica Skelton Thornberry Waxman Weiner Wilson (SC) Young (AK) Carney Hastings (FL) Michaud Slaughter Tiahrt Weiner Welch (VT) Wittman (VA) Young (FL) Carson Hastings (WA) Miller (FL) Smith (NE) Tiberi Welch (VT) Carter Hayes Miller (MI) Smith (NJ) Tierney NAYS—17 Weller Castle Heller Miller (NC) Smith (TX) Towns Westmoreland Smith (WA) Tsongas Broun (GA) Gohmert Poe Castor Hensarling Miller, Gary Wexler Solis Turner Campbell (CA) Hensarling Price (GA) Cazayoux Herger Miller, George Whitfield (KY) Doolittle Kingston Chabot Herseth Sandlin Mitchell Souder Udall (CO) Tancredo Wilson (NM) Duncan Linder Chandler Higgins Mollohan Space Udall (NM) Weldon (FL) Wilson (OH) Flake Marchant Childers Hill Moore (KS) Spratt Upton Westmoreland Wilson (SC) Garrett (NJ) Paul Clarke Hinchey Moore (WI) Stark Van Hollen Wittman (VA) Clay Hinojosa Moran (KS) Stearns Vela´ zquez NOT VOTING—15 Cleaver Hirono Moran (VA) Stupak Visclosky Wolf Cannon Lampson Slaughter Clyburn Hobson Murphy (CT) Sullivan Walberg Woolsey Cubin Mahoney (FL) Snyder Coble Hodes Murphy, Patrick Sutton Walden (OR) Wu Fossella McCotter Souder Cohen Hoekstra Murphy, Tim Tancredo Walz (MN) Yarmuth Gilchrest Putnam Speier Cole (OK) Holden Murtha Tanner Wamp Young (AK) Johnson (GA) Rush Weller Conaway Holt Musgrave Tauscher Wasserman Young (FL) Conyers Honda Myrick Taylor Schultz ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cooper Hooley Nadler NOT VOTING—19 The SPEAKER pro tempore (during Costa Hoyer Napolitano the vote). Members are advised that Costello Hulshof Neal (MA) Cannon Lampson Simpson Courtney Hunter Neugebauer Cubin Loebsack Snyder there are less than 2 minutes remain- Cramer Inglis (SC) Nunes Fossella Mahoney (FL) Speier ing in this vote. Crenshaw Inslee Oberstar Gilchrest Marchant Walsh (NY) Crowley Israel Obey Jefferson McCotter Weldon (FL) b 1811 Cuellar Issa Olver Johnson (GA) Putnam Kaptur Rush Mr. RYAN of Wisconsin changed his Culberson Jackson (IL) Ortiz Cummings Jackson-Lee Pallone ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vote from ‘‘nay’’ to ‘‘yea.’’ Davis (AL) (TX) Pascrell The SPEAKER pro tempore (Mr. So the bill was passed. Davis (CA) Johnson (IL) Pastor The result of the vote was announced Davis (IL) Johnson, E. B. Paul YARMUTH) (during the vote). There are Davis (KY) Johnson, Sam Payne 2 minutes left in this vote. as above recorded. Davis, David Jones (NC) Pearce A motion to reconsider was laid on Davis, Lincoln Jones (OH) Pence b 1818 the table. Davis, Tom Jordan Perlmutter So the motion to instruct was agreed Deal (GA) Kagen Peterson (MN) f DeFazio Kanjorski Peterson (PA) to. DeGette Keller Petri The result of the vote was announced PERSONAL EXPLANATION Delahunt Kennedy Pickering as above recorded. DeLauro Kildee Pitts A motion to reconsider was laid on Mr. WELLER of Illinois. Madam Speaker, on Dent Kilpatrick Platts rollcall Nos. 459 and 460, I was detained in Diaz-Balart, L. Kind Poe the table. traffic. Had I been present, I would have voted Diaz-Balart, M. King (IA) Pomeroy f ‘‘yea.’’ Dicks King (NY) Porter Dingell Kingston Price (GA) AUTHORIZING THE USE OF THE f Doggett Kirk Price (NC) ROTUNDA OF THE CAPITOL TO Donnelly Klein (FL) Pryce (OH) COMMEMORATE 60TH ANNIVER- Doolittle Kline (MN) Radanovich MOTION TO INSTRUCT CONFEREES SARY OF THE INTEGRATION OF ON H.R. 4040, CONSUMER PROD- Doyle Knollenberg Rahall Drake Kucinich Ramstad THE UNITED STATES ARMED UCT SAFETY MODERNIZATION Dreier Kuhl (NY) Rangel FORCES ACT Duncan LaHood Regula Edwards (MD) Lamborn Rehberg Mrs. DAVIS of California. Mr. Speak- The SPEAKER pro tempore. The un- Edwards (TX) Langevin Reichert er, I move to suspend the rules and finished business is the vote on the mo- Ehlers Larsen (WA) Renzi agree to the concurrent resolution (H. tion to instruct on H.R. 4040 offered by Ellison Larson (CT) Reyes Ellsworth Latham Reynolds Con. Res. 377) authorizing the use of the gentleman from Illinois (Mr. KIRK) Emanuel LaTourette Richardson the rotunda of the Capitol for a cere- on which the yeas and nays were or- Emerson Latta Rodriguez mony commemorating the 60th Anni- dered. Engel Lee Rogers (AL) versary of the beginning of the integra- The Clerk will redesignate the mo- English (PA) Levin Rogers (KY) Eshoo Lewis (CA) Rogers (MI) tion of the United States Armed tion. Etheridge Lewis (GA) Rohrabacher Forces, as amended. The Clerk redesignated the motion. Everett Lewis (KY) Ros-Lehtinen The Clerk read the title of the con- The SPEAKER pro tempore. The Fallin Linder Roskam Farr Lipinski Ross current resolution. question is on the motion to instruct. Fattah LoBiondo Rothman The text of the concurrent resolution This is a 5-minute vote. Feeney Lofgren, Zoe Roybal-Allard is as follows: Ferguson Lowey Royce The vote was taken by electronic de- H. CON. RES. 377 vice, and there were—yeas 415, nays 0, Filner Lucas Ruppersberger Flake Lungren, Daniel Ryan (OH) Whereas African American men and women not voting 19, as follows: Forbes E. Ryan (WI) have served with distinction, courage, and [Roll No. 461] Fortenberry Lynch Salazar honor in the United States Armed Forces Foster Mack Sali throughout the history of the nation, even YEAS—415 Foxx Maloney (NY) Sa´ nchez, Linda Abercrombie Berkley Boyd (FL) Frank (MA) Manzullo T. when they were denied the basic constitu- Ackerman Berman Boyda (KS) Franks (AZ) Markey Sanchez, Loretta tional freedoms promised to all citizens; Aderholt Berry Brady (PA) Frelinghuysen Marshall Sarbanes Whereas the practice of racial segregation Akin Biggert Brady (TX) Gallegly Matheson Saxton and discrimination in the military prevented Alexander Bilbray Braley (IA) Garrett (NJ) Matsui Scalise African Americans from receiving the full Allen Bilirakis Broun (GA) Gerlach McCarthy (CA) Schakowsky recognition to which they were entitled as a Altmire Bishop (GA) Brown (SC) Giffords McCarthy (NY) Schiff result of their service; Andrews Bishop (NY) Brown, Corrine Gillibrand McCaul (TX) Schmidt Arcuri Bishop (UT) Brown-Waite, Gingrey McCollum (MN) Schwartz Whereas African Americans, in leading the Baca Blackburn Ginny Gohmert McCrery Scott (GA) effort to protest discriminatory treatment in Bachmann Blumenauer Buchanan Gonzalez McDermott Scott (VA) the armed forces, paved the way for success- Bachus Blunt Burgess Goode McGovern Sensenbrenner ful integration of women, Asians, Hispanics, Baird Boehner Burton (IN) Goodlatte McHenry Serrano and other ethnic minorities; Baldwin Bonner Butterfield Gordon McHugh Sessions Whereas the dedicated and heroic service Barrett (SC) Bono Mack Buyer Granger McIntyre Sestak of African American men and women during Barrow Boozman Calvert Graves McKeon Shadegg Bartlett (MD) Boren Camp (MI) Green, Al McMorris Shays World War II led to President Truman’s his- Barton (TX) Boswell Campbell (CA) Green, Gene Rodgers Shea-Porter toric executive order 60 years ago that Bean Boucher Cantor Grijalva McNerney Sherman marked the beginning of racial integration Becerra Boustany Capito Gutierrez McNulty Shimkus in the United States Armed Forces;

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6083 Whereas as a result of President Truman’s and whether there will be a real energy serving of equal treatment and opportunity, re- action, the United States Armed Forces has bill presented to this floor, or some gardless of race, color, religion, and national become one of the nation’s best examples of more energy fluff, I do rise today in origin that most reflects his personal commit- an institution committed to equality, oppor- support of H. Con. Res. 377 which would ment to his core beliefs. tunity, and advancement based on merit His July 26, 1948 Executive order was no rather than race, religion, or ethnicity; and authorize use of the rotunda of the Whereas the heroic contributions of each Capitol to commemorate the 60th anni- weak-kneed statement designed to fit the polit- member of the United States Armed Forces versary of the beginning of the integra- ical expediency of the era. Executive Order should be honored and celebrated: Now, tion of the United States Armed 9981 was a bold statement that reflected his therefore, be it Forces. heartfelt commitment to the civil rights of all Resolved by the House of Representatives (the On July 26, 1948, President Harry Americans and the American style of freedom Senate concurring), Truman signed Executive Order 9981, that became a beacon of hope for so many SECTION 1. USE OF ROTUNDA FOR CEREMONY which provided for the equal treatment people throughout the world during World War COMMEMORATING 60TH ANNIVER- SARY OF INTEGRATION OF THE of blacks serving in the military. We II. This powerful statement of equality in treat- ARMED FORCES. should remember that previous at- ment and opportunity reflects the highest (a) USE OF ROTUNDA.—The rotunda of the tempts had been made to integrate the standards of democracy and lived up to the Capitol is authorized to be used on July 23, Armed Forces. In fact, during our Rev- American spirit that we all cherish. 2008, for a ceremony commemorating the olutionary War, approximately 5,000 President Truman saw much in the profes- 60th anniversary of President Truman’s Ex- African Americans served in integrated sional and heroic performance of African ecutive Order No. 9981, which states, ‘‘It is units. They served in many different Americans during World War II that demanded hereby declared to be the policy of the Presi- he issue his Executive order. The exploits of dent that there shall be equality of treat- capacities, including as artillerymen ment and opportunity for all persons in the infantrymen, laborers, and even enter- African Americans that carried out the Red armed services without regard to race, color, tainers. Each served our Nation proud- Ball Express, flew with the 99th fighter squad- religion or national origin.’’. ly, protecting the freedoms that they ron, and served as Tuskegee Airmen are leg- (b) PREPARATIONS.—Physical preparations themselves had not yet come to know. endary. There were also stories of the many for the ceremony referred to in subsection With a new century, though, came individual heroes during World War II like the (a) shall be carried out in accordance with political realities that would once seven African Americans who were finally such conditions as the Architect of the Cap- again segregated the military. Nearly awarded the Medal of Honor for their long- itol may prescribe. 50 years passed until once again blacks overlooked World War II heroism in 1997. Like The SPEAKER pro tempore. Pursu- and whites were able to stand shoulder all the other wars that preceded World War II, ant to the rule, the gentlewoman from to shoulder, as a unit defined not by African Americans had played an important California (Mrs. DAVIS) and the gen- color, but by a commitment to freedom role during war and Harry Truman was deter- tleman from California (Mr. DANIEL E. and love of country. President Tru- mined to set the record straight. LUNGREN) each will control 20 minutes. man’s executive order to integrate the The 60th anniversary of President Truman’s The Chair recognizes the gentle- military also laid the groundwork for Executive order to begin the integration of the woman from California. other minorities to gain those same Armed Forces is a pivotal event in United GENERAL LEAVE rights, paving the way for the diverse States history that is deserving of a ceremony Mrs. DAVIS of California. Mr. Speak- group of men and women of all back- in the rotunda of the Capitol. I thank Chairman er, I ask unanimous consent that all grounds who today serve in our mili- BRADY and the staff of the House Administra- Members may have 5 legislative days tary. tion Committee for helping to move this reso- to revise and extend their remarks and I urge my colleagues to join me in lution so expeditiously and I strongly encour- include extraneous material on H. Con. supporting H. Con. Res. 377, so we may age my colleagues to support H. Con. Res. Res. 377. mark the historic occasion of the inte- 377. The SPEAKER pro tempore. Is there gration of our Nation’s Armed Forces Mrs. DAVIS of California. Mr. Speak- objection to the request of the gentle- with a ceremony here in our Nation’s er, I yield back the balance of my time. woman from California? capital at the Capitol rotunda in a The SPEAKER pro tempore. The There was no objection. manner that would truly honor the sac- question is on the motion offered by Mrs. DAVIS of California. Mr. Speak- rifice that men and women of all back- the gentlewoman from California (Mrs. er, I yield myself such time as I may grounds have made to our Nation DAVIS) that the House suspend the consume. throughout history. rules and agree to the concurrent reso- Mr. Speaker, this concurrent resolu- As I understand the gentlelady has lution, H. Con. Res. 377, as amended. tion provides for the use of the Capitol no further speakers, I yield back the The question was taken; and (two- rotunda to mark the 60th anniversary balance of my time. thirds being in the affirmative) the of the integration of the United States Mrs. DAVIS of California. Mr. Speak- rules were suspended and the concur- Armed Forces. I support the resolution. er, I have no further speakers, and I rent resolution, as amended, was Mr. Speaker, 60 years ago, President just urge that Members support H. Con. agreed to. Harry Truman issued Executive Order Res. 377 which provides for use of the A motion to reconsider was laid on 9981, which established the President’s Capitol rotunda marking the 60th anni- the table. Committee on Equality of Treatment versary of the integration of the f and Opportunity in the Armed Forces. United States Armed Forces. Determined to end segregation in the Mr. SKELTON. Mr. Speaker, I rise in strong CIVIL RIGHTS FOR THE DISABLED Armed Forces, President Truman support of H. Con. Res. 377 to authorize the (Ms. JACKSON-LEE of Texas asked issued this historic directive to end dis- use of the rotunda of the Capitol for a cere- and was given permission to address crimination experienced by African mony commemorating the 60th anniversary of the House for 1 minute and to revise American soldiers. the beginning of the integration of the United and extend her remarks.) Executive Order 9981 was successful States Armed Forces. The historic document Ms. JACKSON-LEE of Texas. Mr. in ending racial segregation in the that began the process of integration was Ex- Speaker, I rise to enthusiastically sup- military and its effect is long-standing. ecutive Order 9981 issued by President Harry port the legislation that we just de- As a result of the directive, segregation S. Truman, my fellow Missourian. bated on the floor of the House. Having based on creed, gender, and national History has well documented that President been detained in my Committee on origin was also abolished. It is impor- Truman was a man of great principle and Transportation Security and Critical tant we recognize such an historic vic- courage. He was by all accounts a man that Infrastructure during the debate, I tory for civil rights and for our Armed did not shrink from responsibility even when wanted to come and support H.R. 3195, Forces. the decisions were very difficult. The employ- the ADA Restoration Act of 2007. This I reserve the balance of my time. ment of atomic weapons at the end of World is truly a civil rights initiative, and it Mr. DANIEL E. LUNGREN of Cali- War II, the Berlin airlift at the beginning of the is important to restore the basic sup- fornia. Mr. Speaker, I yield myself such cold war, and the Korean war are but few ex- port and rights of those who are dis- time as I may consume. amples of his leadership during crisis. abled in America. Mr. Speaker, while we wait to find However, I believe it is his decision to de- Unfortunately, through the Supreme out what we are going to do tomorrow clare that each person in the military is de- Court’s narrow decision and definition

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6084 CONGRESSIONAL RECORD — HOUSE June 25, 2008 of the word ‘‘disability,’’ it made it crats and the Republicans agree on this their cases reviewed by military com- very difficult for individuals with seri- energy challenge. ELIOT ENGEL and I 2 missions. It has always been the law ous health conditions such as epilepsy, years ago sat down and wrote a bill under our Constitution that the Presi- diabetes, cancer, muscular dystrophy, called the DRIVE Act. We left off drill- dent is the Commander in Chief of the multiple sclerosis, and severe intellec- ing and we left off cafe standards; and military, and the President and Con- tual impairments to prove that they we asked, what is it that builds the gress control war, not the nine justices qualify for protection under the ADA. most consensus? on the Supreme Court. But the impe- The Supreme Court narrowed that That bill takes us off of Mid East oil rialistic war powers court ruled that definition in two ways: one by ruling by the year 2025. It is something that these military commissions aren’t fair that mitigation measures that help should come to the floor. It makes enough for enemy combatants trying control an impairment, like medicine sense. It has a lot of commonsense to kill American troops. It’s inter- or hearing aids or other devices, must things, like ending the tariff on im- esting. These terrorists hate America, be considered a deserving disability; ported Brazilian surplus ethanol. hate freedom, hate our way of life but and, two, ruling that the elements of Think about that for a minute. Brazil quickly run to American courts to seek the definition must be interpreted has surplus ethanol that they are ready redress against Americans. strictly to create a demanding stand- to sell to us right now, and we have a The five war power judges on the Su- ard for qualifying as disabled. tariff on it. It is absurd. That is just preme Court say these poor little mis- Mr. Speaker, enough is enough. The one component of the DRIVE Act that fits should have access to American civil rights of all Americans are an im- makes sense. And I request that we courts, even though it is the first time portant constitutional element. We bring this bill to the floor of the House in history we have given constitutional hold these truths to be self-evident for a good bipartisan debate and hope- rights to combatants against the that we are all created equal. This leg- fully a good bipartisan passage. United States. Even in the War be- islation, H.R. 3195, restores those f tween the States, captured Confederate rights. And I would like to affirm that soldiers who were actually born in the my vote in the Judiciary Committee b 1830 United States were not allowed access was a resounding ‘‘yes.’’ The fact that SPECIAL ORDERS to U.S. courts. They were tried by mili- I was detained, I want that to be re- The SPEAKER pro tempore. Under tary tribunals. The same occurred in flected in the report. the Speaker’s announced policy of Jan- World War II when Nazis were tried by This is an important bill. This bill is uary 18, 2007, and under a previous military tribunals. During the Revolu- heavily supported, and I throw my sup- order of the House, the following Mem- tionary War, British spy John Andre port to a new civil rights law in Amer- bers will be recognized for 5 minutes was caught on U.S. soil spying with ica. each. traitor Benedict Arnold. Andre was f hung by the Commander in Chief, f George Washington, and a military GET WITH THE PROGRAM The SPEAKER pro tempore. Under a court without any judicial interven- (Mr. BURTON of Indiana asked and previous order of the House, the gentle- tion. was given permission to address the woman from California (Ms. WOOLSEY) So what is next? Are we going to House for 1 minute and to revise and is recognized for 5 minutes. make our boys read terrorists their Mi- extend his remarks.) (Ms. WOOLSEY addressed the House. randa rights in the battlefield before Mr. BURTON of Indiana. Mr. Speak- Her remarks will appear hereafter in they capture them? Justice Scalia was er, the people of this country are pret- the Extensions of Remarks.) right, Mr. Speaker. In his dissent he ar- ty smart. They watch television and f gued that this ruling will make the war they listen to all of the political rhet- WAR POWERS COURT on terror harder on us and will ‘‘almost oric and the hot air that comes out of certainly cause more Americans to be this place, and they listen to all the The SPEAKER pro tempore. Under a killed.’’ press conferences, but they know, they previous order of the House, the gen- The Supreme Court is running rough- know gas prices are too high and they tleman from Texas (Mr. POE) is recog- shod over the Constitution of the know we ought to be energy inde- nized for 5 minutes. United States and changing 200 years pendent and they know that we ought Mr. POE. Mr. Speaker, forget about of judicial precedent. In fact, at the to drill in the United States so we can the days of judicial restraint. Those end of World War II, the Supreme be energy independent. They know that are the days when the Supreme Court Court explicitly determined in a series it is affecting their prices at the gro- thought their job was to interpret the of cases that the writ of habeas cor- cery store and everything that they law and follow the Constitution. The pus—that’s an action that allows a per- buy. They want us to be energy inde- Supreme Court now has ushered in a son to seek relief from detention—does pendent. They want us to drill in the new era power grab called judicial im- not apply to foreign combatants held ANWR and they want us to drill off- perialism. outside the United States. shore in the Outer Continental Shelf. Recently, the deeply divided Su- It gets down to this question, Mr. They want us to do what is right in preme Court, or the war powers court, Speaker: Who should be running our this body. And we are not doing it. as we shall call it, issued a ruling by wars? Should Congress and the execu- I want to say to my colleagues who Justice Kennedy that gave terrorists tive branch be in charge of war, or are giving all of this hot air out about the right to argue their cases in Fed- should the Supreme Court, in all of its we shouldn’t be doing it and about per- eral courts. In this 5–4 decision, the supreme knowledge, be running the mits and everything else, the American court held that terrorism detainees war? people know they want us drilling in captured on the battlefield engaged in Well, according to the war powers America. They want energy independ- war against America now held at Guan- court, they are the commanders in ence, and you guys had better get with tanamo Bay prison and other prison fa- chief of the war. Now what does the im- the program. cilities under U.S. control have the perialist war court want us to do with f same rights as American citizens. captured terrorists? Not capture them When I was at Gitmo prison, which I at all, or let them go so they can kill STEER DRIVE ACT TO FLOOR doubt Justice Kennedy has ever seen, I again? (Mr. KINGSTON asked and was given saw several detainees that had been While terrorists continue to use inno- permission to address the House for 1 captured, released, and captured again cent women and children as shields, minute and to revise and extend his re- on the battlefield trying to kill Ameri- continue to bomb our troops, shoot our marks.) cans. I’m sure these enemy combatants sons and daughters in the battlefield Mr. KINGSTON. Mr. Speaker, you are partying in Guantanamo prison to- and behead American civilians and our know one thing that this Congress is night. troops without granting them any not doing is sitting down and really Under the current law, individuals rights, the Supreme Court tells us trying to figure out where the Demo- captured as enemy combatants have these terrorists ought to be treated

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6085 like American citizens. The five impe- identifications, for smuggling, being file a suit similar against lunchtime rialist judges on the Supreme Court smuggled in or out of a country. They prayer at Annapolis. have asserted the power of the Con- have to rely on other criminal organi- In response to this threat, I intro- stitution that is reserved specifically zations for money laundering. We have duced the Military Academy First to the executive branch and to the leg- had a number of cases where Hezbollah, Amendment Protection Act, legisla- islative branch. for instance, has utilized cigarette tion to protect the ability of our mili- Mr. Speaker, this ought not to be, smuggling to generate revenues to sup- tary service academies to include the but that’s just the way it is. port Hezbollah.’’ offering of a voluntary, nondenomina- f In this GAO report that revealed this tional prayer as an element of their ac- CIGARETTE SMUGGLING BETWEEN information, both DOJ—Department of tivities. STATES SHOULD BE A FELONY, Justice—and ATF suggested that if With the support of other Members of NOT A MISDEMEANOR violations of the Jenkins Act were felo- nies instead of misdemeanors, U.S. At- Congress, this legislation was included The SPEAKER pro tempore. Under a as a provision of the fiscal year 2006 previous order of the House, the gen- torneys’ Offices might be less reluctant to prosecute. National Defense Authorization Act tleman from New York (Mr. WEINER) is which was signed by the President and recognized for 5 minutes. Well, I’m standing here to rec- ommend that we do just that. We in became law on January 6, 2006. I am so Mr. WEINER. Mr. Speaker, I rise grateful to my colleagues in both par- today to bring to the attention of the the Crime Subcommittee of the Judici- ary Committee recently had a hearing ties who stood with me and acted to House a problem that exists, frankly, protect prayer at the United States in all 50 States and is having a dra- on my legislation which would do just that. It would raise the stakes on the Military, Naval, and Air Force Acad- matic impact not only on individual emies. States but having an impact tragically Jenkins Act, and it would do some- on our national security—the problem thing else. It would say that no longer Since their founding, America’s mili- that tobacco excise taxes, which are can you transfer tobacco through the tary academies have instilled in our levied State by State, have had the un- mail. In order for this selling to be military leaders the principles of our witting result of having a great incen- done in a truly efficient way, you don’t Founding Fathers and the traditions of tive for people to smuggle tobacco over pack up a truck and drive it across our great military services. However, State lines. This is happening because lines; you get an Internet Web site and today, the American Civil Liberties of a weakness in the Federal law that you offer to transport it over State Union has threatened to sue Annapolis makes it a misdemeanor to do so. lines using the mail service. over its tradition of lunchtime prayer. Let me explain to you exactly what Now you can’t use FedEx, you can’t Mr. Speaker, this is an example of happens. In a State like New York, for use UPS, and you can’t use DHL. Why? why America is in trouble. Prayer or example, the New York State excise Well, because they have all signed a devotional thought has taken place at tax for each pack of cigarettes is $2.75. compact, essentially a consent order meals for midshipmen since the Naval New York City adds another $1.50 to saying they refuse to carry it. The only Academy was founded in 1845. These that tax. So the base tax on cigarettes way to mail tobacco is through the prayers are nondenominational and in New York is the combination of $2.75 United States Postal Service. So an ad- have been rotated among chaplains of in the State, $1.50 in the city. ditional thing the legislation would do different faiths, from the Catholic to If you go to, say, North Carolina or would make that illegal. the Protestant to the Rabbi. Those who another State that has a lower tax, This is a serious problem. As the tax choose to attend the United States there’s an enormous amount of incen- goes up, as the difference between the Naval Academy know what the rules tive for someone to buy the tobacco in State taxes goes up, it’s no longer are from day one. a State like North Carolina, sell it in nickels and dimes, it’s millions of dol- Legal threats by the ACLU are not New York on the black market, or sell lars, millions of dollars that’s going to made in the spirit of religious toler- it on the Internet and wind up saving a black market tobacco that’s funding ance but in a spirit of intolerance of great deal of money on that float be- nefarious activities and funding ter- any expression of faith at all. tween the two tax rates. rorism, and we should stop it. Now this is illegal under the Jenkins f Congress has a legitimate role to Act. However, it’s hardly ever enforced, IN DEFENSE OF LUNCHTIME play in ensuring that the first amend- and when you ask folks at the ATF PRAYER AT THE U.S. NAVAL ment rights of American citizens are why it’s not enforced, they say quite ACADEMY protected. By passing legislation to en- simply, because the Jenkins Act is too sure our service academies’ right to weak. It only makes it a misdemeanor The SPEAKER pro tempore. Under a offer a voluntary, nondenominational to do these things. previous order of the House, the gen- prayer at an otherwise authorized ac- What has become clear in recent tleman from North Carolina (Mr. tivity of the academy, Congress codi- months, though, and in recent years, JONES) is recognized for 5 minutes. fies its belief that decisions respecting according to the Government Account- Mr. JONES of North Carolina. Mr. prayer should remain in the hands of ability Office, according to the FBI, is Speaker, America was built on Judeo- each service academy’s superintendent. that not only are people trying to Christian values. No one who knows the history of our nation can deny that make a couple of bucks doing this, but b 1845 terrorist organizations have been fund- freedom of religion played a critical ed. part in its development. Yet there are I am pleased that the law protects According to a GAO investigation, those in our society who wish to the right of the superintendent of the what has happened is that tobacco is threaten America’s long history of reli- Naval Academy to continue the long being bought in North Carolina where gious freedom by limiting public ex- tradition of lunchtime prayer at An- the tax is only five cents a pack and pressions of religion by people of faith. napolis. In 2001, the Virginia Chapter of the being resold in Michigan where the tax As mission-crucial institutions, it American Civil Liberties Union sued is 75 cents a pack. They’re taking that should be the military authorities, and the Virginia Military Institute on be- extra 50 cents which, when you con- not civilian courts, that decide what half of two former cadets who opposed sider cases and cases, truckloads and practices are essential to fostering the school’s nondenominational pre- truckloads, and where do the profits leadership and accomplishing the supper prayer. In 2003, a three-judge go? $1.5 million was shipped overseas to unique military mission. Lebanon to fund Hezbollah. This is just panel of the Fourth Circuit Court of I am hopeful that my colleagues in one example. Appeals decided in favor of the ACLU FBI Director Robert Mueller, when and stripped VMI of its right to prayer, Congress will continue to stand with he testified about this problem before a tradition dating back to the school’s me to ensure the protection of our fu- the Senate, said the following: founding in 1839. After the ACLU elimi- ture military heroes and their first ‘‘Terrorists now increasingly have to nated prayer at this State-supported amendment rights. rely on criminal organizations to trav- school, the group expressed interest in And I must say, Mr. Speaker, in clos- el from country to country for false locating Naval Academy graduates to ing, to those nine members of the

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6086 CONGRESSIONAL RECORD — HOUSE June 25, 2008 Naval Academy who joined the ACLU woman from Ohio (Ms. KAPTUR) is rec- Resolution on the Budget for fiscal year 2009, to sue Annapolis, all I can say is shame ognized for 5 minutes. I hereby submit for printing in the CONGRES- on you because America will not sur- (Ms. KAPTUR addressed the House. SIONAL RECORD a revision to the budget allo- vive unless it protects the Judeo-Chris- Her remarks will appear hereafter in cations, aggregates, or other appropriate lev- tian values of this great Nation. the Extensions of Remarks.) els for certain House committees for fiscal years 2008 and 2009 and the period of fiscal f f The SPEAKER pro tempore. Under a years 2009 through 2013. This revision rep- The SPEAKER pro tempore. Under a previous order of the House, the gen- resents an adjustment to certain House com- previous order of the House, the gen- tleman from California (Mr. CALVERT) mittee budget allocations, aggregates, and tleman from Oregon (Mr. DEFAZIO) is is recognized for 5 minutes. other appropriate levels for the purposes of recognized for 5 minutes. (Mr. CALVERT addressed the House. sections 302 and 311 of the Congressional (Mr. DEFAZIO addressed the House. His remarks will appear hereafter in Budget Act of 1974, as amended, and in re- His remarks will appear hereafter in the Extensions of Remarks.) sponse to consideration of the bill H.R. 6275, the Extensions of Remarks.) f Alternative Minimum Tax Relief Act of 2008. f Corresponding tables are attached. A REVISION TO THE BUDGET AL- The SPEAKER pro tempore. Under a LOCATIONS, AGGREGATES, OR Under section 323 of S. Con. Res. 70, this previous order of the House, the gen- OTHER APPROPRIATE LEVELS adjustment to the budget allocations and ag- tleman from Indiana (Mr. BURTON) is FOR FISCAL YEARS 2008 AND 2009 gregates applies while the measure is under recognized for 5 minutes. AND THE PERIOD OF FISCAL consideration. The adjustments will take effect (Mr. BURTON of Indiana addressed YEARS 2009 THROUGH 2013 upon enactment of the measure. For purposes the House. His remarks will appear The SPEAKER pro tempore. Under a of the Congressional Budget Act of 1974, as hereafter in the Extensions of Re- amended, a revised allocation under section marks.) previous order of the House, the gen- tleman from South Carolina (Mr. 323 of S. Con. Res. 70 is to be considered as f SPRATT) is recognized for 5 minutes. an allocation included in the resolution. The SPEAKER pro tempore. Under a Mr. SPRATT. Madam Speaker, under sec- Any questions may be directed to Ellen previous order of the House, the gentle- tion 207 of S. Con. Res. 70, the Concurrent Balis or Gail Millar. BUDGET AGGREGATES [On-budget amounts, in millions of dollars]

Fiscal years—

2008 1 2009 12 2009–2013

Current Aggregates: Budget Authority ...... 2,454,256 2,455,920 n.a. Outlays ...... 2,435,860 2,490,920 n.a. Revenues ...... 1,875,400 2,029,644 11,780,107 Change in Alternative Minimum Tax Relief Act (H.R. 6275): Budget Authority ...... 0 0 n.a. Outlays ...... 0 0 n.a. Revenues ...... 0 ¥2,924 158 Revised Aggregates: Budget Authority ...... 2,454,256 2,455,920 n.a. Outlays ...... 2,435,860 2,490,920 n.a. Revenues ...... 1,875,400 2,026,720 11,780,265 1 Current aggregates do not include spending covered by section 301(b)(1) (overseas deployments and related activities). The section has not been triggered to date in Appropriations action. 2 Current aggregates do not include Corps of Engineers emergency spending assumed in the budget resolution, that will not be included in current level due to its emergency designation (section 301(b)(2)). n.a. = Not applicable because annual appropriations Acts for fiscal years 2010 through 2013 will not be considered until future sessions of Congress.

The SPEAKER pro tempore. Under a I rise tonight, Mr. Speaker, to talk places in Iraq. And in this case, Steven previous order of the House, the gen- about an American who was killed on Farley was with three colleagues, tleman from Kansas (Mr. MORAN) is the 24th of this month, not wearing the working the provincial reconstruction recognized for 5 minutes. uniform of the United States in the teams in Iraq. He was in Sadr City, (Mr. MORAN of Kansas addressed the military service, even though he had that adjunct to Baghdad that has over House. His remarks will appear here- served in the military for some 31 1 million people in an area of great after in the Extensions of Remarks.) years, but who was killed in a deadly fighting and great turmoil and great f area in Iraq as an American con- danger. And yet when he came home to The SPEAKER pro tempore. Under a tractor, an American who had worked see his loved ones, he told them he previous order of the House, the gen- as a contractor for the Department of knew that he was in danger. He knew tleman from Indiana (Mr. DONNELLY) is Defense and then the Department of that it might, at some point, cost him recognized for 5 minutes. State, Steven Farley. his life, but he told them that he (Mr. DONNELLY addressed the Steven Farley represented the very thought the cause was a worthwhile House. His remarks will appear here- best of this country, and I have a pic- cause. ture here, Mr. Speaker, that I’d like to after in the Extensions of Remarks.) His service to America represented show the Members. This is him in his f all those wonderful aspects of duty and Navy uniform. Before he donned this honor and country and patriotism, DUTY, HONOR AND COUNTRY Navy uniform and finished a career of even though he wasn’t wearing the uni- The SPEAKER pro tempore. Under a 31 years in the U.S. military, he served form of the Army or the Marine Corps previous order of the House, the gen- in the U.S. Army in Vietnam. or the Air Force or the Navy, because tleman from California (Mr. HUNTER) is He was a man of service, and when he he was serving that same goal, that recognized for 5 minutes. left his wonderful wife, Donna, and his Mr. HUNTER. I rise, Mr. Speaker, to family to go to Iraq, he told them that same ideal, that same flag, and all of talk about duty, honor, and country. he understood that this was a difficult us. Many times, Members of this great and dangerous mission. He worked on a Mr. Speaker, he came home a few body rise to talk about those who wear provincial reconstruction team, and I weeks before, bringing some of the the uniform of the United States who think he represented a forgotten seg- members of the city council of Sadr have fallen in the Iraq or the Afghani- ment of this great effort, this effort to City to the United States to let them stan theater and to recount their ac- bring the sunlight of freedom to Iraq. see what freedom was like, what this tions and to recount their mission and He represented those people that great experiment in freedom called the to praise their motive and their patri- don’t wear the uniform in this oper- United States of America was like, to otism and their love of this great coun- ation but who wear contractor uni- inspire them, to give them a model try. forms, who go out into very dangerous they could go back and use in this

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — HOUSE H6087 fledgling representative government lower prices, several other ones on the Members of this body to understand be- that is now taking place in Iraq. Internet, so Americans could let their cause it only says, I will vote to in- He wanted to show them the Amer- Members of Congress, Mr. Speaker, crease oil production in the United ican example, and Mr. Speaker, his ex- know how they felt about these sky- States, our own natural resources, to ample and the example of his family rocketing gas prices that they had been lower gas prices for Americans. That’s and the example of his great commu- promised by the new majority that all it says. nity, a guy from Guthrie, Oklahoma, it they would get control of. And if somebody wanted to know, was the finest example that anybody So I was in a service station down Mr. Speaker, they could go to can watch if they indeed want to model home, and there was another petition house.gov/westmoreland, and see ex- their country, their community, their laying on the counter. I’m assuming actly where their Member of Congress town after a winning democracy, the that the proprietor of that service sta- was at because, listen, Mr. Speaker, we United States of America. tion put that down to give people hear about change from just about So here was a gentleman who served something to do rather than beat him every candidate running, but we are in a very, very crucial area for the over the head, but it was a petition: going to have to be forced to change by United States, and most of the work Please sign here if you want to see our constituents. Because as you’ve that we do here in the House of Rep- Congress lower gas prices. seen since the new majority came in in resentatives, most of our work is air- So I came up with an idea, Mr. January of 2007, there’s been nothing conditioned. I’m so proud of the mem- Speaker. I said, you know, the Amer- done. bers of the Armed Services Committee, ican people are letting us know, as So, Mr. Speaker, I would ask the most of whom have taken multiple their representatives, how they feel. American people if I could to help us trips to see the troops and the oper- We need to let them know how we feel. bring about change by notifying your ations in Iraq and Afghanistan. And we And so I came up with this petition Congressman and say get out of the now and again go out and put our boots that’s pretty simple. What it says is: fetal position and let’s be called to ac- on the ground in some tough places, American energy solutions for lower tion. but most of the time, we’re in Wash- gas prices; bring onshore oil on-line; f ington, D.C., or with our constituent bring deepwater oil on-line; and bring The SPEAKER pro tempore. Under a cities and our wonderful communities. new refineries on-line. previous order of the House, the gen- These Americans, Americans like Ste- We have not produced in this coun- tleman from Maryland (Mr. CUMMINGS) ven Farley, are out there for years on try, Mr. Speaker, a refinery since the is recognized for 5 minutes. end in very difficult conditions, car- late 1970s. We now import about 7 bil- (Mr. CUMMINGS addressed the rying the American flag. lion gallons of gas a year. We also im- House. His remarks will appear here- So, Mr. Speaker, a number of us on port about the same amount of diesel. after in the Extensions of Remarks.) the Armed Services Committee are So we don’t even have the refining ca- f going to be visiting Iraq and Afghani- pacity to refine what we import. The SPEAKER pro tempore. Under a stan in the coming months, especially So I did this, and I made a little peti- previous order of the House, the gen- the summer months, when we take the tion. You can see it over here. It’s got tleman from New Jersey (Mr. PAYNE) is district work period break. I will tell spots for 435 people plus the non-voting recognized for 5 minutes. you one thing I’m going to do. When I Delegates to sign. So far I’m pleased to (Mr. PAYNE addressed the House. His go to Baghdad this time, I’m going to say, Mr. Speaker, we’ve got 188 people remarks will appear hereafter in the spend more time with those contrac- who have signed this. We’ve got three Extensions of Remarks.) tors, people who haven’t necessarily Democrats, three brave Democrats been given all of the credit that they that have signed it: NEIL ABERCROMBIE, f should be given by this body, by the PATRICK MURPHY, and Mr. Speaker, I LEAVE OF ABSENCE House of Representatives. People talk believe HENRY CUELLAR was the last By unanimous consent, leave of ab- about the contractors as if they were one from Texas. And so these are brave sence was granted to: people that understand that we have somehow mercenaries. Mr. MAHONEY of Florida (at the re- got to do something. Well, Steven Farley represented the quest of Mr. HOYER) for today. The majority says, well, it will be 10 very best of this very wonderful force Mr. PUTNAM (at the request of Mr. years before we ever get oil. We’ve got of Americans who help to establish BOEHNER) for today on account of at- freedom around the world. May he rest to start today. If President Clinton in tending a funeral. in peace. God bless his family, and 1995 had not vetoed the drilling in f thank you, Steven Farley, for your ANWR, we would be producing 1 mil- service to the United States. lion gallons of crude oil for this coun- SPECIAL ORDERS GRANTED f try every day. By unanimous consent, permission to So, Mr. Speaker, what this is about— address the House, following the legis- AMERICAN ENERGY SOLUTIONS and by the way, this is very simple, be- FOR LOWER GAS PRICES lative program and any special orders cause what it says is, I will vote to in- heretofore entered, was granted to: The SPEAKER pro tempore. Under a crease U.S. oil production to lower the (The following Members (at the re- previous order of the House, the gen- price of gas for Americans. And Mr. quest of Mr. BOYD of Florida) to revise tleman from Georgia (Mr. WESTMORE- Speaker, if anybody wanted to know if and extend their remarks and include LAND) is recognized for 5 minutes. their Member was on the petition, they extraneous material:) Mr. WESTMORELAND. Mr. Speaker, could go to house.gov/westmoreland to Ms. WOOLSEY, for 5 minutes, today. it’s good to be here tonight, and I see if their Member is on there. We’ve Mr. CUMMINGS, for 5 minutes, today. wanted to come and talk about some- had two Members that did not sign Mr. DEFAZIO, for 5 minutes, today. thing that’s concerning Americans all originally, and Mr. Speaker, they were Ms. KAPTUR, for 5 minutes, today. over this country, and that’s the price put on the would-not-sign list. They Mr. SPRATT, for 5 minutes, today. of gas and what we’re doing about it have heard from their constituents and Mr. DONNELLY, for 5 minutes, today. here in this body, this decisive body have come back and are now signed Mr. WEINER, for 5 minutes, today. that’s supposed to be decisive, that onto the petition. Mr. PAYNE, for 5 minutes, today. takes action when we find our country So, Mr. Speaker, it is very important (The following Members (at the re- in need. for people to understand where their quest of Mr. JONES of North Carolina) I wanted to talk a little bit about Members of Congress are at on the en- to revise and extend their remarks and something that happened to me shortly ergy issue. You’re going to hear all include extraneous material:) a couple of weeks ago I guess, and I kinds of excuses. You’re going to hear Mr. PAUL, for 5 minutes, June 26 and started having people, Mr. Speaker, e- all kinds of different regulations they 27. mail me and ask me questions about want to put in place, all kinds of dif- Mr. HUNTER, for 5 minutes, today. signing different types of petitions on ferent taxes they want to put in place. Mr. WESTMORELAND, for 5 minutes, the Internet, drill here, drill now, This petition is too simple for most today.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25JN8.REC H25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6088 CONGRESSIONAL RECORD — HOUSE June 25, 2008 SENATE BILLS REFERRED Changes in Flood Elevation Determinations partment’s final rule — TECHNICAL [Docket No. FEMA-B-7776] received June 18, AMENDMENTS TO LIST OF USER FEE Bills of the Senate of the following 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the AIRPORTS: ADDITIONS OF CAPITAL CITY titles were taken from the Speaker’s Committee on Financial Services. AIRPORT, LANSING, MICHIGAN AND table and, under the rule, referred as 7320. A letter from the Director, Financial KELLY FIELD ANNEX, SAN ANTONIO, follows: Crimes Enforcement Network, Department TEXAS [CBP Dec. 08-23] received June 19, S. 2403. An act to designate the new Fed- of the Treasury, transmitting the Depart- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the eral Courthouse, located in the 700 block of ment’s final rule — Financial Crimes En- Committee on Ways and Means. East Broad Street, Richmond, Virginia, as forcement Network; Amendment Regarding 7330. A letter from the Chairman, Inter- the ‘‘Spottswood W. Robinson III and Robert Financial Institutions Exempt from Estab- national Trade Commission, transmitting R. Merhige, Jr. Federal Courthouse’’; to the lishing Anti-Money Laundering Programs the Commission’s report entitled, ‘‘Textiles Committee on Transportation and Infra- (RIN: 1506-AA88) received June 18, 2008, pur- and Apparel: Effects of Special Rules for structure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Haiti on Trade Markets and Industries,’’ pur- S. 2837. An act to designate the United mittee on Financial Services. suant to Public Law 109-432, section 5003; to States courthouse located at 225 Cadman 7321. A letter from the Acting Fiscal As- the Committee on Ways and Means. Plaza East, Brooklyn, New York, as the sistant Secretary, Department of the Treas- 7331. A letter from the Commissioner, So- ‘‘Theodore Roosevelt United States Court- ury, transmitting the Department’s notifica- cial Security Administration, transmitting house’’; to the Committee on Transportation tion to Congress of any significant modifica- the Administration’s report entitled, ‘‘Plan and Infrastructure. tions to the auction process for issuing to Eliminate the Hearing Backlog and Pre- S. 3009. An act to designate the Federal Bu- United States Treasury obligations, pursu- vent Its Recurrence: Semiannual Report for reau of Investigation building under con- ant to Public Law 103-202, section 203; to the Fiscal Year 2008’’; to the Committee on Ways struction in Omaha, Nebraska, as the ‘‘J. Committee on Financial Services. and Means. 7322. A letter from the Acting Fiscal As- James Exon Federal Bureau of Investigation f Building’’; to the Committee on Transpor- sistant Secretary, Department of the Treas- tation and Infrastructure. ury, transmitting the Department’s report REPORTS OF COMMITTEES ON S. 3145. An act to designate a portion of that no such exemptions to the prohibition PUBLIC BILLS AND RESOLUTIONS against favored treatment of a government United States Route 20A, located in Orchard Under clause 2 of rule XIII, reports of Park, New York, as the ‘‘Timothy J. Russert securities broker or dealer were granted dur- Highway’’; to the Committee on Transpor- ing the period January 1, 2007 through De- committees were delivered to the Clerk tation and Infrastructure. cember 31, 2007, pursuant to Public Law 103- for printing and reference to the proper 202, section 202; to the Committee on Finan- calendar, as follows: f cial Services. Ms. CASTOR: Committee on Rules. House 7323. A letter from the Acting Fiscal As- ADJOURNMENT Resolution 1304. Resolution providing for sistant Secretary, Department of the Treas- consideration of the bill (H.R. 6052) to pro- Mr. WESTMORELAND. Mr. Speaker, ury, transmitting the Department’s annual mote increased public transportation use, to I move that the House do now adjourn. report on material violations or suspected promote increased use of alternative fuels in The motion was agreed to; accord- material violations of regulations relating to providing public transportation, and for Treasury auctions and other Treasury secu- ingly (at 6 o’clock and 58 minutes other purposes (Rept. 110–734). Referred to rities offerings during the period Janaury 1, p.m.), the House adjourned until to- the House Calendar. morrow, Thursday, June 26, 2008, at 10 2007 through December 31, 2007, pursuant to Public Law 103-202, section 202; to the Com- f a.m. mittee on Financial Services. f 7324. A letter from the Executive Director, PUBLIC BILLS AND RESOLUTIONS EXECUTIVE COMMUNICATIONS, Philadelphia Housing Authority, transmit- Under clause 2 of rule XII, public ting the Authority’s Annual Report for 2007 ETC. bills and resolutions were introduced entitled, ‘‘A Dynamic Decade’’; to the Com- and severally referred, as follows: Under clause 8 of rule XII, executive mittee on Financial Services. 7325. A letter from the Secretary of the By Mr. BERMAN (for himself, Mr. communications were taken from the COBLE, Mr. CONYERS, and Mr. SMITH Speaker’s table and referred as follows: Commission, Federal Trade Commission, transmitting the Commission’s final rule — of Texas): 7314. A letter from the Chief Counsel, Definitions and Implementation Under the H.R. 6362. A bill to amend title 35, United FEMA, Department of Homeland Security, CAN-SPAM Act [Project No. R411008] (RIN: States Code, and the Trademark Act of 1946 transmitting the Department’s final rule — 3084-AA96) received June 19, 2008, pursuant to to provide that the Secretary of Commerce, Changes in Flood Elevation Determinations 5 U.S.C. 801(a)(1)(A); to the Committee on in consultation with the Director of the — received June 18, 2008, pursuant to 5 U.S.C. Energy and Commerce. United States Patent and Trademark Office, 801(a)(1)(A); to the Committee on Financial 7326. A letter from the Deputy Assistant shall appoint administrative patent judges Services. Administrator for Regulatory Programs, and administrative trademark judges, and 7315. A letter from the Chief Counsel, NMFS, National Oceanic and Atmospheric for other purposes; to the Committee on the FEMA, Department of Homeland Security, Administration, transmitting the Adminis- Judiciary. transmitting the Department’s final rule — tration’s final rule — Magnuson-Stevens By Mr. RANGEL: Final Flood Elevation Determinations — re- Fishery Conservation and Management Act H.R. 6363. A bill to amend title 4, United ceived June 18, 2008, pursuant to 5 U.S.C. Provisions; Fisheries of the Northeastern States Code, to add National Korean War 801(a)(1)(A); to the Committee on Financial United States; Northeast Multispecies Fish- Veterans Armistice Day to the list of days Services. ery; Allocation of Trips to Closed Area II on which the flag should especially be dis- 7316. A letter from the Chief Counsel, Yellowtail Flounder Special Access Program played; to the Committee on the Judiciary. FEMA, Department of Homeland Security, [Docket No. 080428607-8689-02] (RIN: 0648- By Mr. DICKS (for himself, Mr. INSLEE, transmitting the Department’s final rule — AW69) received June 19, 2008, pursuant to 5 Mr. LARSEN of Washington, Mr. Final Flood Elevation Determinations — re- U.S.C. 801(a)(1)(A); to the Committee on Nat- BAIRD, Mr. MCDERMOTT, Mr. SMITH of ceived June 18, 2008, pursuant to 5 U.S.C. ural Resources. Washington, and Mr. REICHERT): 801(a)(1)(A); to the Committee on Financial 7327. A letter from the Assistant Secretary H.R. 6364. A bill to amend the Federal Services. of the Army for Civil Works, Department of Water Pollution Control Act to provide as- 7317. A letter from the Chief Counsel, Defense, transmitting the Department’s po- sistance for programs and activities to pro- FEMA, Department of Homeland Security, sition on the budgeting of the Chicagoland tect the water quality of Puget Sound, and transmitting the Department’s final rule — Underflow Plan (CUP), Thornton Reservoir, for other purposes; to the Committee on Final Flood Elevation Determinations — re- Illinois; to the Committee on Transportation Transportation and Infrastructure. ceived June 18, 2008, pursuant to 5 U.S.C. and Infrastructure. By Mr. KIND (for himself and Mr. 801(a)(1)(A); to the Committee on Financial 7328. A letter from the Director of Regula- RAMSTAD): Services. tions Management, Department of Veterans H.R. 6365. A bill to amend part C of title 7318. A letter from the Chief Counsel, Affairs, transmitting the Department’s final XVIII of the Social Security Act with re- FEMA, Department of Homeland Security, rule — Prohibition of Interment or Memori- spect to Medicare special needs plans and the transmitting the Department’s final rule — alization in National Cemeteries and Certain alignment of Medicare and Medicaid for du- Final Flood Elevation Determinations — re- State Cemeteries Due to Commission of Cap- ally eligible individuals; to the Committee ceived June 18, 2008, pursuant to 5 U.S.C. ital Crimes (RIN: 2900-AM86) received June on Ways and Means, and in addition to the 801(a)(1)(A); to the Committee on Financial 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Energy and Commerce, for a Services. the Committee on Veterans’ Affairs. period to be subsequently determined by the 7319. A letter from the Chief Counsel, 7329. A letter from the Chief, Border Secu- Speaker, in each case for consideration of FEMA, Department of Homeland Security, rity Regulations Branch, Department of such provisions as fall within the jurisdic- transmitting the Department’s final rule — Homeland Security, transmitting the De- tion of the committee concerned.

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By Mr. BUYER (for himself, Mr. H.R. 6375. A bill to provide assistance to H.R. 3544: Mrs. LOWEY. MICHAUD, Mr. MILLER of Florida, and adolescents and young adults with serious H.R. 3622: Mr. MACK. Mr. BROWN of South Carolina): mental health disorders as they transition to H.R. 3646: Mr. GARRETT of New Jersey. H.R. 6366. A bill to amend title 38, United adulthood; to the Committee on Energy and H.R. 3650: Mr. GARRETT of New Jersey. States Code, to direct the Secretary of Vet- Commerce. H.R. 3829: Mr. SHAYS. erans Affairs to establish not more than By Ms. DELAURO (for herself, Mr. H.R. 3834: Mr. UDALL of Colorado. seven consolidated patient accounting cen- SIRES, Mr. HOLT, Ms. LEE, Ms. MAT- H.R. 3934: Mr. PENCE. ters, and for other purposes; to the Com- SUI, Ms. WOOLSEY, Mr. LEWIS of Geor- H.R. 4089: Mr. HARE. mittee on Veterans’ Affairs. gia, Ms. KAPTUR, Ms. SUTTON, Mrs. H.R. 4093: Mr. SESTAK. By Mr. BRADY of Texas (for himself, CAPPS, Mr. BRADY of Pennsylvania, H.R. 4138: Mr. MOORE of Kansas. Mr. MCCAUL of Texas, Mr. MARCHANT, Mr. PAYNE, Mr. PALLONE, Mr. ROTH- H.R. 4498: Mr. GARRETT of New Jersey. Mr. SAM JOHNSON of Texas, Mr. MAN, and Mr. SCOTT of Virginia): H.R. 4544: Mr. BILBRAY and Mr. SPACE. BILBRAY, Mr. SULLIVAN, Mr. SHAD- H. Con. Res. 382. Concurrent resolution rec- H.R. 4775: Mr. CARSON and Ms. WOOLSEY. EGG, Mr. ROHRABACHER, Mr. JONES of ognizing the important social and labor con- H.R. 4789: Ms. JACKSON-LEE of Texas. North Carolina, Mr. POE, and Mr. tributions and accomplishments of Congress- H.R. 4935: Mr. EDWARDS of Texas. CULBERSON): woman Mary T. Norton of New Jersey on the H.R. 4990: Mr. DAVIS of Illinois. H.R. 6367. A bill to provide an exception to 70th anniversary of the Fair Labor Standards H.R. 5236: Mrs. MYRICK. certain mandatory minimum sentence re- Act; to the Committee on Education and H.R. 5244: Mrs. JONES of Ohio and Mr. quirements for a law enforcement officer Labor. FALEOMAVAEGA. who uses, carries, or possesses a firearm dur- By Mr. SIRES: H.R. 5267: Mr. JORDAN and Mr. GOODE. ing and in relation to a crime of violence H. Res. 1305. A resolution supporting the H.R. 5467: Mr. LANGEVIN. committed while pursuing or apprehending a designation of National Tourette Syndrome H.R. 5496: Mrs. CAPPS. suspect; to the Committee on the Judiciary. Day; to the Committee on Energy and Com- H.R. 5534: Mr. SAXTON and Mr. GILCHREST. By Mr. BRADY of Texas (for himself, merce. H.R. 5552: Mr. SPACE. Mr. SAM JOHNSON of Texas, Mr. POR- H.R. 5575: Mr. RANGEL. TER, Mr. HERGER, Mr. PUTNAM, Mr. f H.R. 5673: Mr. GARRETT of New Jersey. H.R. 5709: Mr. BISHOP of New York. BOEHNER, and Mr. DAVID DAVIS of MEMORIALS Tennessee): H.R. 5748: Mr. HALL of Texas. H.R. 6368. A bill to amend the Internal Rev- Under clause 3 of rule XII, H.R. 5752: Mr. SMITH of New Jersey. enue Code of 1986 to provide for an increase 326. The SPEAKER presented a memorial H.R. 5760: Mr. ROGERS of Alabama. in the standard mileage rates to reflect the of the Legislature of the State of Louisiana, H.R. 5774: Ms. SCHAKOWSKY and Mrs. increase in the cost of highway fuels, and for relative to Senate Concurrent Resolution LOWEY. other purposes; to the Committee on Ways No. 51 memorializing the Congress of the H.R. 5793: Mr. SPACE. and Means. United States to establish a grant program H.R. 5842: Ms. LEE. By Mr. DAVIS of Virginia: to assist the seafood industry in St. Tam- H.R. 5843: Ms. LEE. H.R. 6369. A bill to amend title 10, United many, St. Bernard, Orleans, and Plaque- H.R. 5846: Ms. CORRINE BROWN of Florida. States Code, to authorize the Secretary of mines parishes; to the Committee on Finan- H.R. 5874: Mr. REICHERT. H.R. 5892: Mr. KILDEE and Mr. CLAY. Defense to make grants to recognized science cial Services. and technology secondary schools to support H.R. 5913: Mr. FRANK of Massachusetts and research and development projects at such f Mr. DEFAZIO. schools in science, mathematics, engineer- H.R. 5925: Mr. SMITH of Washington. ing, and technology to supplement the na- ADDITIONAL SPONSORS H.R. 5935: Mr. CARNEY. tional security functions of the Department Under clause 7 of rule XII, sponsors H.R. 5950: Mr. FRANK of Massachusetts. of Defense; to the Committee on Armed were added to public bills and resolu- H.R. 5984: Mrs. CAPITO. Services. tions as follows: H.R. 6045: Mr. LYNCH, Mr. SOUDER, Mr. By Mr. DEFAZIO: SPACE, Mrs. MALONEY of New York, Mr. H.R. 6370. A bill to transfer excess Federal H.R. 78: Mr. GARRETT of New Jersey. WATT, Mr. KIND, Mr. FRANKS of Arizona, and property administered by the Coast Guard to H.R. 96: Mr. RANGEL. Mr. POE. the Confederated Tribes of the Coos, Lower H.R. 154: Mr. TOWNS, Mr. FRELINGHUYSEN, H.R. 6083: Mr. BLUMENAUER. Umpqua, and Siuslaw Indians; to the Com- Mr. DOYLE, Mr. SPACE, and Mr. LARSON of H.R. 6107: Mr. CARTER, Mr. THORNBERRY, mittee on Transportation and Infrastruc- Connecticut. and Mr. GARRETT of New Jersey. ture. H.R. 158: Mr. MILLER of Florida. H.R. 6123: Mr. KIRK. By Mr. EMANUEL (for himself, Mr. H.R. 688: Mr. HAYES. H.R. 6126: Ms. JACKSON-LEE of Texas. CROWLEY, Mr. KIND, Ms. SCHWARTZ, H.R. 856: Mr. ARCURI. H.R. 6143: Mr. FRANK of Massachusetts. Mr. LEVIN, Ms. SUTTON, Mr. FILNER, H.R. 901: Mrs. LOWEY. H.R. 6168: Mr. BLUNT. and Mr. BISHOP of New York): H.R. 1063: Mr. COLE of Oklahoma. H.R. 6169: Mr. BLUNT. H.R. 6371. A bill to amend the Internal Rev- H.R. 1078: Ms. KAPTUR. H.R. 6172: Mr. POE. enue Code of 1986 to require employers to no- H.R. 1223: Mr. MCNERNEY. H.R. 6180: Ms. MCCOLLUM of Minnesota. tify their employees of the availability of H.R. 1228: Ms. SUTTON. H.R. 6198: Mr. CLAY, Mr. AKIN, Mr. the earned income credit; to the Committee H.R. 1295: Mr. GARRETT of New Jersey. CARNAHAN, Mr. SKELTON, Mr. GRAVES, Mr. on Ways and Means. H.R. 1665: Mr. FEENEY. BLUNT, Mrs. EMERSON, Mr. HULSHOF, Mr. By Mr. HILL: H.R. 1671: Ms. SUTTON. BUTTERFIELD, and Mr. TOWNS. H.R. 6372. A bill to reestablish standards H.R. 1738: Mr. HALL of New York, Mr. H.R. 6199: Mr. MCHUGH. from the Commodity Exchange Act to pro- DICKS, and Mr. STARK. H.R. 6203: Mr. PAYNE and Mr. CONYERS. vide for the regulation of United States mar- H.R. 1767: Mr. KANJORSKI. H.R. 6208: Mr. BLUNT. kets in energy commodity futures, and for H.R. 1940: Mr. SALI. H.R. 6209: Ms. LINDA T. SA´ NCHEZ of Cali- other purposes; to the Committee on Agri- H.R. 1992: Mr. SOUDER. fornia, Mr. MORAN of Virginia, Mr. INSLEE, culture. H.R. 2611: Mr. GRIJALVA. Mr. LARSEN of Washington, Mr. SIRES, Mr. By Mr. MCCOTTER: H.R. 2712: Mr. GARRETT of New Jersey and KANJORSKI, Mr. TIERNEY, Ms. SUTTON, Mr. H.R. 6373. A bill to amend the Internal Rev- Mr. SAM JOHNSON of Texas. KENNEDY, Mr. MURPHY of Connecticut, Mr. enue Code of 1986 to allow individuals to es- H.R. 3132: Mr. REYES. MURTHA, Mr. BRADY of Pennsylvania, Mr. tablish Home Ownership Mortgage Expense H.R. 3174: Mr. FRANK of Massachusetts and RYAN of Ohio, Ms. DELAURO, Mr. CROWLEY, Accounts (HOME Accounts) which may be Mr. MCDERMOTT. and Mr. DICKS. used to purchase, remodel, or make mort- H.R. 3232: Mr. WEXLER, Mr. REYES, Ms. H.R. 6210: Mr. KAGEN. gage payments on the principal residence of GINNY BROWN-WAITE of Florida, Ms. JACK- H.R. 6214: Mr. ARCURI and Mr. MANZULLO. the taxpayer; to the Committee on Ways and SON-LEE of Texas, Mr. CROWLEY, Mr. FER- H.R. 6233: Mr. ABERCROMBIE. Means. GUSON, Mr. KAGEN, Mr. ORTIZ, and Mr. H.R. 6234: Mr. SESTAK. By Mr. MCDERMOTT (for himself, Mr. CUELLAR. H.R. 6252: Mr. DAVIS of Kentucky, Mr. ENGLISH of Pennsylvania, and Ms. H.R. 3329: Mr. BISHOP of New York and Mr. LATOURETTE, Mr. CAMPBELL of California, SCHWARTZ): KANJORSKI. Mr. LATHAM, and Mr. CARTER. H.R. 6374. A bill to amend the Internal Rev- H.R. 3334: Mrs. CAPPS and Mrs. LOWEY. H.R. 6264: Mr. LATOURETTE, Mr. PLATTS, enue Code of 1986 to repeal the shipping in- H.R. 3366: Ms. HIRONO. Mr. KILDEE, Mr. MCNULTY, Mr. JONES of vestment withdrawal rules in section 955 and H.R. 3396: Mr. MORAN of Virginia. North Carolina, and Mr. GILCHREST. to provide an incentive to reinvest foreign H.R. 3406: Mr. LEWIS of Georgia and Mr. H.R. 6287: Mr. HALL of New York and Mrs. shipping earnings in the United States; to MICHAUD. GILLIBRAND. the Committee on Ways and Means. H.R. 3438: Mr. GRIJALVA and Mr. REYES. H.R. 6321: Mrs. GILLIBRAND. By Mr. STARK (for himself and Mr. H.R. 3439: Mr. PAYNE. H.R. 6328: Ms. WATERS, Mr. HASTINGS of GEORGE MILLER of California): H.R. 3457: Mr. BROUN of Georgia. Florida, and Mr. BLUMENAUER.

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H.R. 6330: Mr. ISRAEL, Mrs. GILLIBRAND, California, Mr. JACKSON of Illinois, Mr. H. Res. 1254: Mr. HASTINGS of Florida. Mr. HARE, Mr. WALZ of Minnesota, Ms. JACK- COHEN, Mr. MCDERMOTT, Mr. SNYDER, Mr. H. Res. 1286: Ms. CLARKE, Mr. MCDERMOTT, SON-LEE of Texas, Mr. SIRES, and Mr. BLUMENAUER, Mr. NADLER, Mr. SMITH of and Ms. SLAUGHTER. LANGEVIN. Texas, Mr. DELAHUNT, Mr. CLAY, and Ms. WA- H. Res. 1290: Mr. WEXLER, Ms. LINDA T. H.R. 6355: Mr. LIPINSKI, Ms. HIRONO, and TERS. SA´ NCHEZ of California, and Mr. DELAHUNT. INCOLN IAZ ALART Mr. COHEN. H. Res. 282: Mr. L D -B of H. Res. 1302: Mr. BOYD of Florida, Mr. Florida. H.J. Res. 22: Mr. DAVID DAVIS of Tennessee, MATHESON, Mr. COHEN, Mr. PETERSON of Min- H. Res. 373: Mr. GARRETT of New Jersey. Mrs. BLACKBURN, Ms. FOXX, Mr. LATTA, Mr. nesota, Mr. MELANCON, Mr. WALBERG, Mr. ˜ H. Res. 672: Mr. YOUNG of Florida, Mr. MIL- FORTUNO, Mr. DAVIS of Kentucky, Mr. BRADY of Texas, Mr. HENSARLING, Mr. BART- SHIMKUS, Mr. GOHMERT, Mr. WESTMORELAND, LER of Florida, and Mr. BERMAN. H. Res. 758: Mr. ROTHMAN. LETT of Maryland, Mr. WILSON of South Caro- Mr. BARRETT of South Carolina, Mr. PRICE of H. Res. 883: Mr. BRADY of Pennsylvania. lina, Mr. HERGER, Mr. GARRETT of New Jer- Georgia, Ms. FALLIN, Mr. JORDAN, Mr. H. Res. 1006: Mr. HOLDEN, Ms. BORDALLO, sey, Mr. REYNOLDS, Mr. BURTON of Indiana, GINGREY, and Mr. WAMP. Mr. COHEN, Mr. TIM MURPHY of Pennsyl- Mr. FEENEY, Mr. CAMPBELL of California, Mr. H.J. Res. 89: Mr. CHILDERS. vania, Mr. BOUCHER, and Mr. MURTHA. FLAKE, Mr. AKIN, and Mr. BROUN of Georgia. H. Con. Res. 72: Mr. MCNULTY. H. Res. 1045: Mr. MARKEY, Mr. SMITH of H. Con. Res. 214: Mr. BISHOP of Georgia, Mr. New Jersey, Mr. CROWLEY, Mr. FORTENBERRY, MEEKS of New York, Mr. KUCINICH, Ms. LEE, f Ms. WOOLSEY, Mr. FERGUSON, Mr. DELAHUNT, Mr. JEFFERSON, Ms. NORTON, and Ms. Mr. DREIER, Mr. MEEKS of New York, Mrs. CLARKE. BONO MACK, Ms. LEE, Mr. KUHL of New York, PETITIONS, ETC. H. Con. Res. 223: Mr. MORAN of Kansas, Mr. Ms. JACKSON-LEE of Texas, Mr. ENGLISH of OLVER, and Mr. WILSON of South Carolina. Pennsylvania, Mr. FALEOMAVAEGA, Mr. Under clause 3 of rule XII, petitions H. Con. Res. 338: Mr. HINCHEY. SHAYS, Mr. SERRANO, Mr. FRANK of Massa- and papers were laid on the clerk’s H. Con. Res. 341: Mr. UDALL of Colorado. chusetts, Ms. ESHOO, Mr. TIERNEY, Mr. NEAL desk and referred as follows: H. Con. Res. 342: Mr. FRANKS of Arizona. of Massachusetts, Mr. LEWIS of Georgia, Mr. H. Con. Res. 356: Mr. PASCRELL, Mrs. 283. The SPEAKER presented a petition of BLUMENAUER, Mr. WAXMAN, and Mr. TIBERI. TAUSCHER, Mr. WOLF, Mr. SKELTON, Mrs. the City Council of Compton, CA, relative to H. Res. 1191: Mr. WOLF. Resolution No. 22,564 supporting the Home- MILLER of Michigan, Mr. CARSON, and Mr. H. Res. 1202: Mr. CASTLE. owners and Bank Protection Act of 2007; to BRADY of Pennsylvania. H. Res. 1217: Mrs. CAPPS and Ms. the Committee on Financial Services. H. Con. Res. 364: Mr. MCGOVERN. SCHAKOWSKY. H. Con. Res. 378: Ms. BORDALLO and Mr. H. Res. 1245: Mr. CONYERS, Mr. CROWLEY, 284. Also, a petition of the California State COHEN. Mr. GARRETT of New Jersey, Mr. GONZALEZ, Lands Commission, relative to a Resolution H. Con. Res. 380: Mr. MURPHY of Con- Mr. HONDA, Mr. INGLIS of South Carolina, regarding the taking of marine mammals necticut. Mr. MICHAUD, and Mr. SHERMAN. and sea turtles incidental to power plant op- H. Con. Res. 381: Ms. SUTTON, Ms. ZOE H. Res. 1248: Mr. CONAWAY, Mr. TAYLOR, erations of once-through cooling power LOFGREN of California, Mr. DANIEL E. LUN- Mrs. BOYDA of Kansas, Ms. SHEA-PORTER, Mr. plants in California; to the Committee on GREN of California, Ms. LINDA T. SA´ NCHEZ of LOEBSACK, and Ms. GIFFORDS. Natural Resources.

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Vol. 154 WASHINGTON, WEDNESDAY, JUNE 25, 2008 No. 106 Senate The Senate met at 9:30 a.m. and was a Senator from the State of Maryland, to The ACTING PRESIDENT pro tem- called to order by the Honorable BEN- perform the duties of the Chair. pore. Objection is heard. The bills will JAMIN L. CARDIN, a Senator from the ROBERT C. BYRD, be placed on the calendar. State of Maryland. President pro tempore. Mr. REID. Mr. President, I suggest Mr. CARDIN thereupon assumed the the absence of a quorum. PRAYER chair as Acting President pro tempore. The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- f pore. The clerk will call the roll. fered the following prayer: RECOGNITION OF THE MAJORITY The legislative clerk proceeded to Let us pray. LEADER call the roll. Mr. GRASSLEY. Mr. President, I ask O Lord, who has been our dwelling The ACTING PRESIDENT pro tem- place in all generations, keep us under unanimous consent that the order for pore. The majority leader is recog- the quorum call be rescinded. the canopy of Your care. Guide our nized. Senators by the power of Your wisdom The ACTING PRESIDENT pro tem- and love. Lord, don’t separate them f pore. Without objection, it is so or- from life’s stresses and strains or keep SCHEDULE dered. them from problems and pain but sus- Mr. REID. Mr. President, following f tain them by Your grace as each of the remarks of the two leaders, the RESERVATION OF LEADER TIME life’s seasons unfolds. Shelter them in Senate will resume consideration of The ACTING PRESIDENT pro tem- their coming in and their going out, the House message to accompany H.R. pore. Under the previous order, the using them as Your instruments to ad- 3221, which is the housing legislation. leadership time is reserved. vance Your kingdom. May all they say Yesterday, cloture was invoked on the and do today be under Your control and motion to concur in the House amend- f for Your glory. As You have guided ment with the Dodd-Shelby substitute. AMERICAN HOUSING RESCUE AND people in the past, so lead our law- We hope to dispose of the remaining FORECLOSURE PREVENTION ACT makers today. amendments to the bill at an early OF 2008 We pray in Your sacred Name. Amen. time so we can complete this legisla- The ACTING PRESIDENT pro tem- f tion. pore. Under the previous order, the f Senate will resume consideration of PLEDGE OF ALLEGIANCE MEASURES PLACED ON THE the House message to accompany H.R. The Honorable BENJAMIN L. CARDIN CALENDAR—S. 3186 AND H.R. 6331 3221, which the clerk will report. led the Pledge of Allegiance, as follows: The assistant clerk read as follows: Mr. REID. Mr. President, it is my un- I pledge allegiance to the Flag of the derstanding there are two bills now at A message from the House of Representa- United States of America, and to the Repub- tives to accompany H.R. 3221, an act to pro- lic for which it stands, one nation under God, the desk due for a second reading. vide needed housing reform and for other indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- purposes. pore. The clerk will report the bills by f title for the second time. Pending: APPOINTMENT OF ACTING The legislative clerk read as follows: Reid (for Dodd/Shelby) amendment No. 4983, of a perfecting nature. A bill (S. 3186) to provide funding for the PRESIDENT PRO TEMPORE Bond amendment No. 4987 (to amendment Low-Income Home Energy Assistance Pro- No. 4983), to enhance mortgage loan disclo- The PRESIDING OFFICER. The gram. clerk will please read a communication A bill (H.R. 6331) to amend titles XVIII and sure requirements with additional safeguards to the Senate from the President pro XIX of the Social Security Act to extend ex- for adjustable rate mortgages with an initial fixed rate and loans that contain prepay- tempore (Mr. BYRD). piring provisions under the Medicare Pro- gram, to improve beneficiary access to pre- ment penalty. The legislative clerk read the fol- Dole amendment No. 4984 (to amendment lowing letter: ventive and mental health services, to en- hance low-income benefit programs, and to No. 4983), to improve the regulation of ap- U.S. SENATE, maintain access to care in rural areas, in- praisal standards. PRESIDENT PRO TEMPORE, Sununu amendment No. 4999 (to amend- cluding pharmacy access, and for other pur- Washington, DC, June 25, 2008. ment No. 4983), to amend the United States poses. To the Senate: Housing Act of 1937 to exempt qualified pub- Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, I would ob- lic housing agencies from the requirement of of the Standing Rules of the Senate, I hereby ject to any further proceedings with re- preparing an annual public housing agency appoint the Honorable BENJAMIN L. CARDIN, spect to these bills en bloc. plan.

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

S6097

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VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.000 S25JNPT1 jbell on PROD1PC69 with SENATE S6098 CONGRESSIONAL RECORD — SENATE June 25, 2008 Kohl amendment No. 4988 (to amendment vestigative matters have been adju- There is an added benefit to the pub- No. 4983), to protect the property and secu- dicated,’’ and ‘‘one of them’’ was reas- lic transit subsidy program. The value rity of homeowners who are subject to fore- signed to what appeared to be a ques- of fare cards received in this program closure proceedings. tionable post. is not taxable. Subjects of the Labor IG Mr. GRASSLEY. Mr. President, I ask The report of investigation on this investigation signed applications to unanimous consent to speak as in matter was prepared by the Depart- participate in the public transit sub- morning business. ment of Labor IG. It is dated January sidy. In signing that document, they The ACTING PRESIDENT pro tem- 14, 2008. Since the Treasury IG lacks an certified that they would abide by the pore. Without objection, it is so or- internal affairs unit, IG Schindel re- terms of the program. The public tran- dered. The Senator is recognized. ferred the case to the Department of sit subsidy program application forms, OVERSIGHT Labor IG for investigation. This was to which these individuals sign, state: Mr. GRASSLEY. I am here today to ensure maximum independence. Making a false, fictitious or fraudulent discuss a very serious matter that goes Acting IG Schindel made the referral certification may render the maker subject right to the heart of one of Congress’s on June 18, 2007. He was briefed on the to criminal investigation under title 18, most important responsibilities, the re- findings in the final report on Sep- United States Code, section 1001. sponsibility of constitutional oversight tember 26 of last year. The Department They allegedly took transit subsidies to see that the laws are faithfully exe- of Labor report of investigations sub- while accepting free rides to work from cuted by the executive branch of Gov- stantiated wrongdoing on the part of fellow agents, sometimes in Govern- ernment. senior Treasury IG officials. The alle- ment vehicles. American taxpayers expect Congress gations are very serious. My staff has The findings of the Labor IG’s report to exercise oversight in order to ensure carefully reviewed all of the materials are of particular concern to me for an- that their hard-earned dollars are not provided by IG Schindel and inter- other reason, and this seems to be the wasted. To conduct more effective viewed a number of witnesses with most troubling part for me. The senior oversight, Congress adopted the Inspec- knowledge on the issue. Treasury IG officials involved in fare tor General Act in 1978, creating a sys- Based on the oversight investigation card abuse were responsible for inves- tem of inspectors general. I will prob- conducted by my staff, I wrote to tigating and referring for criminal ably refer to them as everyone else Treasury Secretary Paulson on Feb- prosecution a number of other Treas- does, as IGs. ruary 28 this year. In that letter, I ex- ury Department employees who had al- We did this throughout many depart- pressed grave concern to Secretary legedly violated this same program ments of Government. The IGs are sup- Paulson about the way the Acting IG called the Transit Subsidy Program. posed to be watchdogs or, as I like to Schindel appeared to be responding to As I said up front, the IGs must live say, a junkyard dog. They are our first the allegations that were substantiated by the rules they are sworn to enforce. line of defense against fraud, waste, by the more independent review by the When they do not, then inspectors gen- and abuse. When it happens, the IGs Labor Department IG, as was reported eral lose credibility. The Labor report are supposed to report it to the agency in his writings. also finds that the officials involved head and to Congress and to rec- This is what I said to my friend, Sec- ‘‘inappropriately intervened in closing retary Paulson: ommend appropriate corrective action. [another] investigation’’ of alleged Mr. Schindel stated that the report IGs are the top cops inside of each PTSP abuse. This one concerned an showed no corruption, criminal activ- agency in the executive branch of Gov- employee at another agency who also ity, or serious wrongdoing on the part ernment. They police the Federal of the senior officials. I am stunned allegedly violated the transit subsidy workforce. If rules are broken, then that anyone with management respon- program. According to the Labor IG’s they have to investigate allegations of sibilities could make this statement report, the senior Treasury IG officials misconduct and refer their findings to after reading the Labor IG report. ‘‘escorted’’ the agent in charge of this proper authorities. The Labor IG presented a compelling investigation to their office ‘‘where To be credible, IGs must be beyond case of high-level IG misconduct they discussed closing the case.’’ They reproach. Above all, they must live by backed up with rock solid evidence. Mr. apparently ‘‘instructed him to cancel’’ the rules they themselves enforce. Schindel seemed unable to see what the a key interview and ‘‘told him the case They must set an example of excel- Labor inspector general sees. Is he would be closed.’’ lence in their personal conduct and turning a blind eye to an obvious prob- Since the investigation was essen- they must always do so; otherwise, lem? tially complete and there was credible they lack credibility. So I tend to, as a Secretary Paulson responded to my evidence to support the allegations, Member of the Senate, watch the letter on March 10. He informed me this meeting gave the appearance of watchdogs. Over the years in doing that he has been briefed on the Labor impropriety. The Labor IG’s investiga- oversight work, I have found inspectors IG’s report and ‘‘communicated to Act- tors interviewed the Treasury IG offi- general who do not seem to meet these ing IG Schindel’’ his ‘‘views’’ on the cials about this meeting. The Treasury standards. I am disappointed to have to matter. IG officials reportedly cited high agent report to the Senate today about a new The Labor IG report seems to leave caseloads as an excuse for their at- IG trouble spot. little or no wiggle room. Based on a tempt to close it down. They also There are allegations of misconduct continuous stream of information claimed the police at that agency in the upper echelons of the Treasury’s being provided to my staff, there is ‘‘were capable of working the inves- IG office. A tip from a whistleblower growing concern about Acting IG tigation’’ and that ‘‘there was no fraud earlier this year first alerted me to Schindel’s commitment to solving or loss.’’ this problem. On February 12, 2008, I these problems. I think of these as ob- The Labor investigators make one wrote a letter to Acting Treasury IG vious problems. point crystal clear: The claims put for- Schindel asking for a copy of the inves- Acting IG Schindel has known about ward by Treasury IG officials did not tigative report and all pertinent mate- the findings in this report for 9 months stand up to scrutiny. The Labor IG’s rial bearing on the matter that was re- until now. To bring the issue into investigators determined that the ported to me. sharper focus, take a moment to review Treasury IG’s office had worked simi- I also asked Mr. Schindel to tell me the Labor IG’s findings. This is what lar cases involving this agency’s em- how and when he intended to address the Labor IG report found: ployees in the past. They found that and resolve the issues raised in that re- Our investigation corroborated the allega- special agents in the Treasury IG’s of- port. Mr. Schindel responded promptly, tion that senior IG officials violated the fice had a typical caseload of 15 to 16 providing a redacted copy of the report Public Transit Subsidy program. cases and not the usual 30 caseload on February 15. On February 29, he as- This program provides money in the claimed by one of the subjects of this sured me that senior level officials in- form of fare cards to Government em- investigation. volved had been placed on paid admin- ployees to help cover the high cost of I understand the employee involved istrative leave. They would remain on using public transportation to get to in these allegations of public transit that status, he told me, ‘‘until all in- work. subsidy program violations was given a

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.012 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6099 proposed notice of removal on June 18, draft ROIs and would not make any The PRESIDING OFFICER. Without 2008. This agency is trying hard to changes to the final ROI.’’ The legal objection, it is so ordered. crack down on such violations. This counsel denies these allegations. Mr. ALEXANDER. I ask unanimous should be a wake-up call for Mr. The Labor IG also found the legal consent that I be allowed to speak for Schindel. The abuse of the public tran- counsel’s ‘‘advice to the DOT-OIG ques- up to 10 minutes as in morning busi- sit subsidy program alleged in the tionable regarding the investigation.’’ ness. Labor IG’s report constitutes, at best, The Labor IG reached this conclusion The PRESIDING OFFICER. Without misuse or abuse of public moneys and, because the legal counsel had listened objection, it is so ordered. at worst, outright theft. to the tape-recorded interview, during SUPPLY AND DEMAND There is one more very disturbing which the subject allegedly ‘‘made a Mr. ALEXANDER. Mr. President, I finding in the Labor IG’s report I false statement under oath to the have received 600 e-mails and letters should highlight. The Labor report TIGTA agent.’’ from Tennesseans in response to a re- ‘‘questions the judgment’’ of the senior The three substantiated allegations I quest I put out asking them to share Treasury IG officials for their alleged have laid out, which are presented their personal stories about high gas involvement in the reinvestigation of clearly in the Labor IG’s report, are prices. It has been my practice each another employee misconduct case. each disturbing in their own right. But week to put a few of those into the This particular investigation was origi- if you take them all together, they CONGRESSIONAL RECORD to remind my nally conducted by the Treasury IG for paint a truly awful picture of what is colleagues and to remind our country Tax Administration or TIGTA. Once going on in that office. This report is that we understand that people are again, this investigation was referred the result of an independent investiga- hurting. Tennesseans are hurting in to an outside agency to ensure greater tion conducted by professional law en- their jobs, in their families, and in independence. forcement officers. The results of this their homes. Mr. President, $4-plus gas- According to the Labor report, the investigation demand serious, thor- oline is a big problem for Tennesseans. TIGTA investigation determined that ough, fair, and prompt action. I met Today, I wish to submit for the CON- the Treasury IG agent ‘‘misused his po- with Acting Treasury IG Schindel on GRESSIONAL RECORD five more letters sition, his issued vehicle, and made March 13 to review this matter. He as- from among the nearly 600 that I have false and misleading statements’’ dur- sured me he would take decisive action received, and I ask unanimous consent ing the course of the investigation. For to clean up this mess. More recently, I that following my remarks these let- a Federal law enforcement officer, was told the Acting Treasury IG is ters be printed in the RECORD. making false statements during an in- wrestling with new allegations. Ad- The PRESIDING OFFICER. Without vestigation, as alleged, could be a ca- dressing the Department of Labor IG objection, it is so ordered. reer-ending mistake. As chronicled in report must be a first priority to show (See exhibit 1.) the Labor IG’s report, the senior Treas- us in Congress that he is carrying out Mr. ALEXANDER. The first comes ury IG didn’t like the TIGTA’s findings his responsibilities. He needs to sink from Christy Long in Maynardville, and wanted them changed. The Labor his teeth into that material and close TN. She works at the East Tennessee IG’s report is very clear in stating that it out once and for all. In a letter on Children’s Hospital in Knoxville, but the only reason for the reinvestigation May 30, I asked the acting inspector she is worried about the cost of her was to change the findings of the origi- general again to proceed with his re- commute. She is a diabetic. She is hav- nal Treasury IG for Tax Administra- view of this matter ‘‘as quickly as pos- ing trouble paying for her insulin shots tion investigation. The Labor IG report sible.’’ I also insisted it be done by the due to the rising gas prices. She says: concluded: book, ‘‘consistent with all applicable Gas for work or insulin to live. That is the The appearance is that the sole purpose of rules and regulations.’’ decision I have had to make several times intervening in the aftermath of [the Treas- I call on Acting Treasury Inspector daily. ury Inspector General for Tax Administra- General Schindel to keep his word. James Edwards from Charlotte, TN: tion’s] investigation was to mitigate [the] That is all I ask, just keep his word, do James drives a rural route for the findings, particularly by undermining [the Postal Service, and he uses his own inspector general’s] apparently well sup- what he told me he was going to do. I ported finding that . . . [the agent involved] want him to stick to his repeated as- car, but the $26-a-day allowance . . . had made false statements. surances—in his letters of February 15 doesn’t cover the gas he uses anymore. The report goes on to say: and February 29, at our March 13 meet- He says that since the 10-percent eth- anol mandate, he gets less mileage and The evidence suggests that TIGTA’s find- ing, and again in a letter of June 2. I ings were correct. It is clear that the only expect no more and no less. has to use more gas. His wife’s 40-mile purpose of the reinvestigation . . . was to Indecision is costing the taxpayers commute to and from work every day change the findings of the investigation so money. To date, these officials have is also cutting into their budget. [the agent involved] would not have a Giglio collected 3 months’ worth of paid ad- Kaye Nolen in Dyer, TN: Kay used to issue. ministrative leave. They are senior ex- drive across the country once a year to The person involved in this case was ecutives earning top dollar. Their ad- see her family in Illinois, Utah, and suspended for 10 days 2 years ago. The ministrative leave has already cost the New Mexico, but can’t afford to do that Labor IG also questioned the leniency taxpayers about $90,000, and the num- this year. She says she is afraid that of the agent’s punishment, noting that ber is climbing. Continuing mis- she will not be able to spend Thanks- misuse of a Government vehicle alone management and indecision in the giving with her family this year and normally carries a 30-day suspension. Treasury IG’s office is wasting precious that she will not be able to afford gas The Treasury Inspector General for taxpayer dollars. Acting IG Schindel to make it to work if the prices keep Tax Administration also alleges that has a responsibility to show he runs a going up. the legal counsel to the Treasury IG first-class inspector general’s office, Ruthann Booher of Crossville, TN: may have been involved in an attempt one that is beyond reproach. He cannot Ruthann and her husband have had to to quash or alter TIGTA’s final report operate effectively as an IG until he make significant cuts in their driving of investigation. TIGTA provided a gets his own house in order. His job is and grocery buying because of esca- document which indicates that the to deter, to detect, and report waste lating costs. Her husband, who is 62, is Treasury IG’s legal counsel ‘‘disagreed but not to do it himself. now considering quitting his job at with the results of the investigation.’’ I yield the floor and suggest the ab- Wal-Mart and drawing Social Security He ‘‘expected a draft ROI’’ and ‘‘asked sence of a quorum. since driving to work is so expensive. if the Final Report of Investigation The PRESIDING OFFICER (Mr. NEL- They can’t afford the payment on a could be changed.’’ SON of Nebraska). The clerk will call new car with better mileage. Fiddling with these kinds of reports the roll. Brenda Northern in Walland, TN, ought to raise a lot of questions among The assistant legislative clerk pro- which is in the same county in which I people in authority about whether ceeded to call the roll. live: Brenda is 60. She can barely afford things are being done right. Mr. ALEXANDER. Mr. President, I to drive to visit her mother, who is 79 He was informed by the agent in ask unanimous consent that the order now, and it is getting harder and hard- charge that TIGTA ‘‘did not submit for the quorum call be rescinded. er to make all of her payments. Her

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.013 S25JNPT1 jbell on PROD1PC69 with SENATE S6100 CONGRESSIONAL RECORD — SENATE June 25, 2008 husband has to use diesel for his truck nomics. Maybe we could call it Let’s vote. Let’s debate. Let’s talk because he moves mobile homes for a ‘‘Obama-nomics’’ or some other name. about ways to use less. We could find living and diesel prices keep going up But we say: All right, we agree on substantial agreement, whether it is on too. using less; now let’s talk about finding plug-in vehicles, research for advanced She says: I just do not know how we more. What about, for example, allow- biofuels, or conservation. are going to make it. ing other States, such as Virginia, Senator WARNER has suggested that I want Christy and James and Kaye whose legislature says it wants to, to the Federal Government ought to use and Ruthann and Brenda to know that do what Texas, Louisiana, Mississippi, less as a good example for the rest of I believe Senators on both sides of the and Alabama do, which is to explore for the country. That is a good idea. Sen- aisle care about this matter, under- oil offshore. We have a lot of it. We per- ator MCCAIN and others have lots of stand what is happening, and are ready mitted an enlargement of that in the good ideas as well. to deal with it. I know on the Repub- Gulf of Mexico a couple of years ago. Let’s talk about finding more, too, lican side, here is what we believe: We Already the money is beginning to for gasoline in terms of offshore drill- believe the answer to $4 gas prices is to come in from the bids, and 371⁄2 percent ing or in terms of oil shale. We can find more and use less; that is, find of the money goes to the States for leave drilling in Alaska out of the dis- more oil and use less oil. their use for education or to nourish cussion if that keeps us from having a Economics 101 taught us the law of their beaches or whatever, and one- bipartisan agreement, although it is supply and demand. The problem today eighth goes to the Land and Water the fastest way to get 1 million new fundamentally—and most Americans Conservation Fund. barrels of oil a day. Let’s put it aside understand this; Americans know The Presiding Officer and I both were for just a moment and say we want to this—our problem is our supplies Governors of our States. Neither one of work across the aisle to get a bipar- worldwide are not growing as fast as us was fortunate enough to have an tisan agreement. We know we can’t our demand worldwide for oil, and so ocean on our State, so we don’t have reach that agreement with ANWR in- the price of gasoline is going up. So if any potential for offshore drilling. I cluded, so we will put that aside for the we had more supplies, and if we used can’t speak for the former Governor of moment. But can we not as a Senate, less oil, the price of gasoline would go Nebraska, but I can for Tennessee. If in a bipartisan way, agree that we down. So we say on the Republican we had the opportunity in Tennessee to should be finding more and using less side: Find more, use less. put oil and gas rigs 50 miles offshore and not be saying when it comes to off- There seems to be a lot of agreement where we couldn’t see them and explore shore exploration, no, we can’t, and not on both sides of the aisle about the for oil and gas, and keep 371⁄2 percent of be saying when it comes to oil shale: using less part. For example, last year, the revenue and put it in a fund for our No, we can’t. When Senator MCCAIN the Senate did the most important universities to make them among the says we need to double our number of thing it could do to reduce our depend- best in the world, and to keep taxes nuclear plants, we can’t say that we ence on foreign oil by passing higher low, and to use the money for green- have enough clean, carbon-free elec- fuel efficiency standards that said that ways or to nourish the beaches or for tricity to deal with clean air, global cars and trucks had to be up to 35 miles other purposes, we would do it in a warming, and plug-in cars, but from a gallon by 2020. We did that together, minute. I would think sooner or later the other side comes: No, we can’t. We Republicans and Democrats. Virginia will say they would like to do cannot say ‘‘no, we can’t’’ to finding We on the Republican side are ready that. Maybe North Carolina will. more if we want to bring down $4 gaso- to try to make plug-in electric cars Maybe Florida will. line prices. commonplace. I had a TVA Congres- Our proposal is simply, if the State So I say to Christy, James, Kaye, sional Caucus hearing on that the wants to do it, the State can do it. No Ruthann, Brenda, and the 600 Ten- other day in Nashville. Major car com- one is saying Virginia must do it or nesseans who have written me about $4 panies such as General Motors, Toyota, North Carolina must do it. It simply gasoline, over this Fourth of July re- Nissan, and Ford are making plug-ins gives them the option, and it gives us cess, a good thing to say to your Mem- that are going to be available next more American oil and more supply to bers of the Senate and Members of Con- year. TVA and other utilities have help stabilize and bring down the price gress is: Find more and use less. Yes, plenty of extra electricity at night to of $4 gasoline. we can find more. Yes, we can use less. plug in, so literally you can plug your But Senator OBAMA and most of the Yes, we can bring down the $4 price of car in at night for 60 cents and fill it up Democrats on the other side of the gasoline. with fuel instead of $70 worth of gaso- aisle say: No, we can’t. No, we can’t to Some have said it will take 10 years. line. I believe tens of thousands of Ten- offshore drilling. No, we can’t to oil Well, President Kennedy didn’t shy nesseans and millions of Americans are shale, which is in four Western States. away from asking us to take 10 years going to be doing that. There is, conservatively speaking, ac- to go to the Moon. President Roosevelt If we set as our goal and take all the cording to the Department of the Inte- didn’t shy away from putting in the steps we need to take in the Senate to rior, 1 million barrels a day that we Manhattan Project to split the atom make plug-in electric cars and trucks could get from offshore exploration and and build a bomb to win the war even commonplace, we could use less. Many 2 million barrels a day that we could though he knew it would take several estimates from General Motors and get from oil shale. If we added 3 million years. What is wrong with it taking others is that just the plug-in electric barrels a day to our production in the several years? Are we supposed to sit vehicles would cut our imported oil by United States, we would increase by here and let our 2-year-old grand- one-third, which is now about 12 mil- one-third the production that we have children have the same energy crisis to lion barrels a day. That is a significant in the United States. We would be deal with 10 years from now that we reduction. making more of our contribution to have today? Leadership is about look- We can use less oil if we have a crash the world supply of oil. ing ahead. It might take 1, 2, 5, or 10 program in advanced biofuels. There is We are the third largest producer of years, but the time to start is today. a lot of concern about ethanol and its oil in the world. Why should we go beg- The way to do it is working across the effect on food prices. Well, we can grow ging the Saudis to drill more when we aisle. The formula for it is economics a lot of crops that we don’t eat such as can produce more ourselves. That is 101: More supply, less demand, find switchgrass, for example, and with part of it: Find more, use less. more, use less. Today, the Republicans more research on cellulosic ethanol we So we need to come to some conclu- are ready to do that. We are ready to can use less oil. sion. We want a bipartisan result. We do both, find more and use less. But the The other half our strategy to lower know in the Senate we have to get 60 Democrats are not. gas prices is finding more. That is votes to make anything happen. But I Mr. President, I yield the floor. where we have a difference of opinion. would be hopeful that the Democratic EXHIBIT 1 It seems that the other side of the aisle leadership, which is in charge of the 1. Christy Long, Maynardville, TN— wants to repeal half the law of supply agenda, would allow us in July to bring Christy works at the East TN Children’s Hos- and demand. It is a new form of eco- up these matters and act like a Senate. pital in Knoxville but is worried about the

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.014 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6101 cost of the commute. She is a diabetic and is My allowance is $26.60 per day. Since I am alize it is mostly because of the cost of having trouble paying for her insulin shots continuously running, starting, stopping my transporting the goods to the stores. It is due to the rising gas prices: ‘‘Gas for work or vehicle, I go through about 5–6 gallons of gas also the cost of harvesting the crops due to insulin to live . . . that is the decision that a day. At $3.87 a gallon (this what I paid yes- the gasoline used for farm equipment. It’s I have had to make several times daily.’’ terday) and having to fill up my vehicle hurting all of us. 2. James Edwards, Charlotte, TN—James every other day, it is costing me about $25.00 My husband is 62 and is now seriously con- drives a rural route for the Postal Service per day (that’s $125.00 per week or $500.00 per sidering drawing his Social Security and and uses his own car, but the $26-a-day allow- month. working 3 days a week. We would have more ance doesn’t cover the gas he uses anymore. That is only for the fuel. I also have to re- money, but he would have to take a reduced He says that since the 10% ethanol mandate, place brakes, tires and other items for fre- amount instead of waiting until he’s 66 and he gets less mileage and has to use more gas. quently because of the nature of the job I being able to draw the full amount. We have His wife’s 40–mile commute to and from perform. also considered getting a more fuel efficient work everyday is also cutting into their My wife works at Fort Campbell, Ky and vehicle, but can’t afford to make the pay- budget. we live about 40 miles from her work. The ments. We’re actually caught between a rock 3. Kaye Nolen, Dyer, TN—Kaye used to cost for gas for her runs about $120.00 per and a hard place. And there will be no vaca- drive across country once a year to see her week. tion for us this year, or any year the fuel family in Illinois, Utah and New Mexico, but Since it was mandated to add 10% ethanol prices are this ridiculous. We will just have can’t afford to do that this year. She says to gasoline, we get less miles per gallon so to stay home. she is afraid that she won’t get to spend this means we use more gas. Thank you for the opportunity to vent my Thanksgiving with her family this year and Since there is a greater price we pay for frustration. I think you are doing a great job that she won’t be able to afford gas to make gas, everyday life (food, utilities, etc.) is for the people of Tennessee and I think you it to work if prices keep going up. more expensive. I served over 21 years in the would make a great president. 4. Ruthann Booher, Crossville, TN— military and I am proud of this service. Sincerely, Ruthann and her husband have had to make America is noted for its compassion for help- RUTHANN BOOHER, significant cuts in their driving and grocery ing other nations, however, we are doing our Crossville, TN. buying because of escalating costs. Her hus- own country a disservice by not taking care band, who is 62, is now considering quitting of our own. From: Northern, Brenda his job at Wal-Mart and drawing Social Secu- This my story and I hope with enough sto- Sent: Mon 6/16/2008 12:54 PM rity since driving to work is so expensive. ries like this we can convince the powers To: Alexander, Senator (Alexander) They can’t afford the payment on a new car that be we need to take care of business Subject: My family’s Crisis! with better mileage. soon. By this, I mean do more drilling and Sen. Alexander, I appreciate the oppor- 5. Brenda Northern, Walland, TN—Brenda build more refineries in America and stop de- tunity to address the issue of increasing Gas is 60 and can barely afford to drive to visit pending on other countries for our own sur- & Diesel prices on my family in particular, her mother (who is 79) anymore, and its get- vival. even though everyone is experiencing the ting harder and harder to make all her pay- Thanks for your concern and taking your same problem. ments. Her husband has to use diesel for his time to address this issue. I fill my car up each week and the price truck because he moves mobile homes for a Sincerely, just keeps going up, 2 weeks ago it was $53.00, the next week $61.00, and this week living and diesel prices keep going up too. JAMES R. EDWARDS, SR., She says, ‘‘I just do not know how we are Charlotte, TN. $64.00 and my tank was not all the way empty either time. going to make it!’’ Dear Sir, You asked how the high gasoline I drive to work the supermarket and stop by to check on my Mother who is 79 now, and Hi my name is Christy Long, the gas prices prices are hurting me? are very hard to deal with. I work 40 hrs a I can’t afford to drive to Moline, Illinois to go to Church. I am 60 years old and would love to have the opportunity to spend more week at East TN Childrens Hospital in Knox- see my three daughters nor to see two grand- time with my Mother, my Husband, Children ville TN and make decent money. However, daughters graduate from high school. I can’t & Grandchildren, but Gasoline keeps rising, between my health insurance, daycare, drive to Utah to see my Dad and sister. I which makes everything else more expen- school fees, groceries, my medicine because I can’t drive to New Mexico to see my mother. sive, so we have trouble meeting our pay- am a diabetic on insulin, plus my house pay- I can’t even make the trip to Branson, MO to ments, and no recreation at all. ment, electric, water etc . . . Then buy gas help my elderly Aunt and Uncle every other My Husband uses Diesel in his vehicle and for me to get back in forth to work on . . . month. I used to make the round trip drive also his Work Trucks, and now that cuts Humm lets just say that I wished I could from TN to MO to NM to UT to MO to TN down on his profit! He is just a small busi- have government benefits for the other stuff once a year. Not now! Can’t afford the gaso- ness man who moves mobile homes, this is so that I could afford my gas. My husband line!! I used to go to IL to spend Thanks- what he has done for 44+ years, and makes and I whom he works 60 hrs a week at his job giving with my daughters. I don’t think I can less and less. have considered me quitting work and stay- afford that trip this year. We are just simple Christian people with ing home due to the fact that we can not af- I am barely affording the gasoline to go to families trying to make a living on two pay- ford the gas for me to get back and forth to work four days a week, shopping once a week checks, we’re a prime example of those who work, plus eat, my medicine, his medicine and to Church on Sunday. That all costs me are rapidly approaching retirement age and and just to live. It is really sad when you around $48 a week. Soon I will have to quit yet will not be able to retire and have a few have to pick do I want to buy my insulin pre- my job because I can’t afford the gasoline to enjoyable years together here on earth. I scription for $60 this month or do I want to drive the 28 miles a day. If I quit my job, just do not know how we are going to make buy $60 worth of gas so that I can get back what do I have left? it! I would love to spend time with my fam- and forth to work for a week. That has hap- Goodness sakes! When will this all end? I ily, enjoy the few years I figure I have left pened a couple of times in the last 6 months can’t afford to go to work and eat one meal without having to struggle just to buy gaso- to my family. Luckily I have had a good doc- a day!! I am willing to work, if I have a way line to be able to get to work to get a payday tor that has given me samples several times to get there! that buys less and less of the necessities of to get me thru. Because as anybody would Thanks for asking my opinion on this hor- life. know without my insulin I can not live. rible state of affairs. One thing that would help save on gasoline You see my story is not my family can not Sincerely, would be, make the work week 4 (10 hour go on vacation this year or anything, my KAYE NOLEN, shifts) instead of 5 (8 hour shifts). story is that I do not make enough money to Dyer, TN. Since we are already there 2 more hours live and work. It is one or the other. . . Gas would not matter if it would save us a day’s for work or insulin to live . . . That is the DEAR SENATOR ALEXANDER: My husband supply of gasoline getting there and back, decision that I have had to make several and I have lived in Crossville, TN for 19 also would save the companies in electricity times lately. years. Never before have we had the prob- etc. Sincerely, lems making ends meet as we are having Sincerely, CHRISTY LONG, now. My husband works full time at BRENDA NORTHERN, Maynardville, TN. WalMart. He doesn’t make a whole lot of Walland, TN. money, but we were getting by. With the gas Mr. ALEXANDER. Mr. President, I The high gas price is having a great impact prices skyrocketing day by day and the suggest the absence of a quorum. on me and my family. I work for the U.S. trickle down effect on everything else, we The PRESIDING OFFICER. The have had to really tighten our belts. I used Postal Service. I have a rural route, which clerk will call the roll. means I use my own vehicle. to be able to go to the store a few times a I am responsible for the maintenance, in- week for groceries that we would run out of. The bill clerk proceeded to call the surance and fuel for my vehicle. Even though Now I only go once a week. If I have forgot- roll. I receive a vehicle allowance to operate my ten something, or we run out, we have to do Mr. DODD. Mr. President, I ask unan- vehicle for the U. S. Postal Service, it is not without until I can go the next week. The imous consent that the order for the adequate. price of groceries is another factor and I re- quorum call be rescinded.

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.002 S25JNPT1 jbell on PROD1PC69 with SENATE S6102 CONGRESSIONAL RECORD — SENATE June 25, 2008 The PRESIDING OFFICER. Without Democratic Senators. One Senator is gasoline prices that have gone through objection, it is so ordered. saying: You can’t do that. Again 8,000 the ceiling, they are watching their fel- Mr. DODD. Mr. President, if I may, I more people are about to lose their low citizens lose their homes, the val- will inform Senators as to where we homes today, but one Senator has said: ues of theirs, if not losing them, are de- are on the housing bill. Most of my col- No, I am sorry, but my bill is more im- clining, joblessness rising in the coun- leagues know that we voted for cloture portant than the 8,000 of you yesterday try, and they are wondering why we yesterday with a substantial vote of 83 or the 8,000 tomorrow who will come cannot manage to get anything done to 9—not something that occurs with up. on their behalf. great frequency, getting that kind of We are trying to get this bill done. While we cannot solve every problem, strong, bipartisan support for the hous- There are several other Senators, here we have a collection of bills ing bill, which Senator SHELBY and I Democrats and Republicans, who have worked out in one package, crafted by have spent weeks crafting, with the ideas they wish to bring to this debate. Democrats and Republicans coming to- support of our members on the Bank- Some we can agree to, some we cannot. gether, and we cannot even get to de- ing Committee. The most recent vote But they deserve a debate and a vote bate the issue or bring up ideas other was 19 to 2, on a committee with 21 on their idea. I welcome the oppor- Members have on how we might im- members, where we ended up with tunity to have that conversation with prove this legislation. strong, bipartisan support to deal with them. In many cases, we will try to I wanted to inform my colleagues as the foreclosure crisis in this country, work them out if we can. Where that is to why we have not been able to get to reform government-sponsored enter- impossible, then this body has a right much done here. It is not for the lack prises, and to provide for an affordable or obligation to vote them up or down, of leadership by HARRY REID. He has housing program. That is not to men- whether or not to accept those ideas. been leading and asking the other side tion other provisions that came out of We had very constructive conversa- to work with us to get this job done. As the Finance Committee, under the tions with the House of Representa- he said last evening, there are mo- leadership of Senator BAUCUS and Sen- tives. I am very grateful to Speaker ments, we all understand, when par- ator GRASSLEY, to deal with mortgage NANCY PELOSI who has welcomed our tisan politics take over. There are revenue bonds, tax incentives, first- work here as we try to work out the other moments when you have to set time home buyers, and counseling serv- differences between the House-passed that aside, and this is one of those mo- ices. As well, we have expanded the bill and our bill, which are not substan- ments. numbers to assist individuals who are tial, in my view. We ought to come to So my urging at this moment at 11:15 seeking to stay in their homes and are some agreement on those differences. this morning is, would this one Senator trying to achieve workouts with lend- Congressman BARNEY FRANK from Mas- reconsider what he is objecting to and ers at a cost that is affordable for sachusetts, chairman of the Financial allow us to get to this matter. That them. Services Committee in the House, has Senator has had four different opportu- There are many aspects of this im- been working with us so we can resolve nities to vote on his bill. I happen to portant bill. There is no more impor- these differences. I had hoped before we support his bill, by the way. I think I tant issue before us today than dealing left for the Independence Day recess we am a cosponsor of it. If not a cospon- with our economy. One need only look would have been able to send a bill to sor, I certainly have been supportive of at the headlines of the major news- the President for his signature. What it. I also understand there are other papers in the Nation this morning say- greater signal could we send, as I said issues with which we have to grapple, ing that consumer confidence is the yesterday, to the American people than and the housing issue is a major one lowest it has been, according to some, this Congress—highly divided, partisan for us. in 40 years. The prospects people see beyond belief in too many cases—was We are right on the brink. In a couple for themselves and their families are able to come together on an issue that of hours, we can resolve this matter, very low. That in itself is a source of affects so many of our fellow citizens. vote on it, send it to the House, and great concern, and it ought to be to We are this close to doing it. But I can- hopefully they will agree, and send every Member of this body—that our not offer an amendment today or invite that bill to the President. We can do fellow citizens don’t see a very bright Members to resolve their differences that literally in the next 2 or 3 hours if future for themselves and that we need because one Senator has decided we I can only get an opportunity to raise to take some steps on energy and should not do anything except his bill. these matters on the floor of the Sen- health care costs and housing. We have Unfortunately, that is how this insti- ate. 8,400 people every day filing for fore- tution works too often. As people closure. That ought to alarm every- know, I have been sitting here pa- I am deeply grateful to the majority body. We need to take some steps to tiently for the last day and a half, leader who has done everything con- ceivable to make this happen. What we allow people to work this out and sta- along with Senator SHELBY, trying to bilize this cascading housing problem. resolve these matters. We have to wait are lacking is the kind of cooperation When you have home values falling until the end of this day. We will go an- required to get this bill done. This is by the hour and you have problems other 5 or 6 hours doing nothing, sit- not a bill I would have written on my with the lack of new starts, unemploy- ting around in quorum calls and listen- money, nor would Senator SHELBY. ment rates occurring, with it spreading ing to speeches until we run out the There are 100 of us here. We all have to student loans and commercial lend- clock and then have an opportunity to our ideas on how we would frame these ing, this problem has at its center the get to these issues. matters. But we are elected to a body housing crisis and foreclosure crisis all I know there are people who care that includes 99 other Members, and across our country, and it is not local- about Medicare. They care about the you have to sit down with each other ized in one or two areas. supplemental appropriations bill. Peo- and work to achieve anything. When The fact we have been able to put to- ple care about the Foreign Intelligence you refuse to do that, you make it im- gether a major proposal that addresses Surveillance Act. The majority leader possible to step forward. this issue, and yet as we stand here, I has laid this out in clear, concise terms My urging at this hour of the morn- am stymied because one Senator has that we need to deal with these mat- ing is let us get to this bill, allow these decided this bill is not going to go for- ters before we leave, and we are going Members—Democrats and Repub- ward—one—because it takes unani- to do it the hard way or the easy way. licans—to have their ideas brought up, mous consent for us to move to the But it requires cooperation. It requires resolved, or voted on so we can con- bill. people being able to put aside their dif- clude this work, send it to the House, We already worked out a number of ferences and let us get to the matters and hopefully to the President of the amendments on this bill. People have before us. United States for his signature. ideas they want to bring to it, and I No other issue is more important. I Mr. President, I ask unanimous con- welcome those. We wish to get to those apologize for getting emotional about sent that the time the Senate spends in ideas, even take the agreements we this issue, but it is awfully difficult to quorum calls during today’s session have reached with Republican and go back home when people are facing count toward the time postcloture.

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.016 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6103 The PRESIDING OFFICER (Mr. supplemental. Now the supplemental speaker on the floor, they be recog- CASEY). Without objection, it is so or- comes back. It is not a pure document. nized next, as has been the course, and dered. It is not exclusively a military funding that Senator BROWN of Ohio be recog- Mr. DODD. I suggest the absence of a document. It has veterans money in it. nized as the next Democratic speaker. quorum. It has emergency money in it for The PRESIDING OFFICER. Without The PRESIDING OFFICER. The FEMA to handle the disastrous flood- objection, it is so ordered. clerk will call the roll. ing going on in the State of Iowa. DEPARTMENT OF DEFENSE CONTRACTING The bill clerk proceeded to call the In my State of Idaho, in Clearwater Mr. DORGAN. Mr. President, yester- roll. County, we have a disaster. It isn’t day, there was a hearing in the Con- Mr. CRAIG. Mr. President, I ask flooding. It isn’t the Clearwater River gress, on the House side, dealing with unanimous consent that the order for over its banks. It is a school district someone I have spoken about on the the quorum call be rescinded. that is dramatically having to dimin- floor at some length, and I wish to talk The PRESIDING OFFICER. Without ish the quality of education because about that hearing and what it means. objection, it is so ordered. this Congress has not acted in a timely Then, following that, I wish to speak Mr. CRAIG. Mr. President, I ask fashion, and we simply roll over and about the bill I introduced yesterday unanimous consent to speak as in say: Oh, well, we will probably get it dealing with the price of gas and oil morning business for up to 10 minutes. done in July, but then again it might and oil speculation. The PRESIDING OFFICER. Without be August. First, let me talk about the hearing objection, it is so ordered. It is now we must act because in Au- yesterday and what we learned about EMERGENCY SUPPLEMENTAL APPROPRIATIONS gust, that school will be back in oper- the Defense Department and the State Mr. CRAIG. Mr. President, I am fil- ation and that schoolteacher who was Department and others dealing with ing at the desk today an amendment to teaching some level of academics in this man. This man’s name is Efraim the emergency supplemental that will that high school or grade school will be Diveroli. He is 22 years old and the president and chief executive officer of be coming over, or is already here, gone because the money has not been a firm that was awarded $300 million in from the House to reinsert a provision replenished. I call that an emergency. I contracts by our Federal Government. that the Senate put in our version of call that a need to address the supple- So this is a guy who took over a shell the emergency supplemental before it mental. corporation that his dad had, and he went to the House for their consider- I have talked with the chairman of was awarded $300 million in Defense ation. This amendment includes a 1- the Appropriations Committee, I have Department contracts. He was the year funding for the Secure Rural talked with the ranking member. They, Schools and Community Self-Deter- president of the company at age 22. He too, view this as a crisis. I know we all had a vice president, though. It is not mination Act. What that simply means have our priorities, but in this case as if the company was understaffed. is timber-dependent communities and Senator CRAPO, Senator SMITH, Sen- This is a photograph of his 25-year-old school districts across the country ator DOMENICI, Senator STEVENS, Sen- vice president, who is a massage thera- would receive their level of funding for ator MURKOWSKI, Senator BENNETT, and pist—David Packouz. He was called a one more year until such time as we others agree with me. And there are masseur, or massage therapist. So can fully reauthorize the act. numerous Senators on the Democratic these two guys ran a company in Flor- The Senate Finance Committee, in side of the aisle. I have spoken a few ida that had an unmarked office door. the extender legislation, has a reau- moments ago with Senator WYDEN. The At one point, Mr. Diveroli, the CEO, thorization in it. But we don’t know State of Oregon will be in crisis if we says he was the only employee and at whether that will come immediately don’t resolve this in a reasonable fash- another point it was he and his vice following the Fourth of July recess or ion. president, the massage therapist. some time into the summer. Here is This is simply a 1-year extension of They got $300 million from the Fed- the reality of the emergency funding funding at current levels. It is not a eral Government, from the Defense De- about which we are talking. new reauthorization. It represents partment, and they were to provide There are 775 counties and 4,400 about $400 million in the chairman’s weapons and ammunition to the Af- school districts in 42 States that is now mark that moved out of here before. So ghan fighters because our Defense De- making critical hiring decisions for the this amendment, as I speak, will be partment wanted to help the Afghan coming school year that will start at filed at the desk, and I would hope, in fighters take on the Taliban in Afghan- the end of August. These school dis- our effort to move legislation and fin- istan. Well, here is what these folks tricts need this money. It is quite sim- ish the supplemental, the emergency provided to the fighters in Afghani- ple. They have no other way of raising supplemental, that we also recognize stan—40-year-old Chinese cartridges the resource that is now terminated as there are some domestic emergencies which came in boxes that were all a result of our inability to move in the here at home, such as the flooding on taped and falling apart—this is an ex- appropriate fashion. the Mississippi, such as tornado-rav- ample. They were made in China in the What we are talking about is 9 mil- aged areas, such as school districts mid-1960s. It is pretty unbelievable. lion schoolchildren who will be af- having to fire needed and necessary The fighters in Afghanistan said this fected. In my State, numerous school educators to provide for the quality of was junk coming from this company districts and potentially several hun- education of their children because that got $300 million in contracts from dred teachers are getting their termi- Congress did not responsibly fund pub- the Defense Department. nation notices because there simply is lic land, Federal public land-dependent Now, I had the three-star general no money to hire or to continue to hire counties, and created the crisis by our come to my office. I am on the Appro- them. What are we talking about? A inaction. priations Subcommittee on Defense, timber-dependent county, a county With those comments, I yield the and we shovel a lot of money out the where 90 percent of its landscape is floor, and I suggest the absence of a door for a lot of these Defense needs, owned by the Federal Government and quorum. some legitimate, some not, and I had a 10 percent is owned in fee simple and The PRESIDING OFFICER. The lengthy meeting with the three-star pays taxes into the school district, and clerk will call the roll. general who was in charge of this. I they have no possible way of raising The legislative clerk proceeded to said: How on Earth could you have enough revenue when a third or a half call the roll. given a contract to a company run by of the revenue came from those public Mr. DORGAN. Mr. President, I ask a 22-year-old, who had very little expe- lands originally through timber sales. unanimous consent that the order for rience, running a shell company his Senator WYDEN and I some years ago the quorum call be rescinded. dad owned, a company where his vice created this legislation. It is known as The PRESIDING OFFICER. Without president was a massage therapist? Craig-Wyden or Wyden-Craig. We have objection, it is so ordered. This is a joke, except it is not a joke helped these school districts, and we Mr. DORGAN. Mr. President, I ask when the American taxpayers are are fumbling here trying to accomplish unanimous consent that following my fleeced. He gave me a hundred excuses, that. We put it in our version of the presentation, if there is a Republican this three-star general did.

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.017 S25JNPT1 jbell on PROD1PC69 with SENATE S6104 CONGRESSIONAL RECORD — SENATE June 25, 2008 But all he would have had to do is go wrapped in Saran Wrap the size of oil. Nothing justifies doubling the price to MySpace. Pull this man up on bricks, and the guy distributing that of oil in the last 15 months. The only MySpace, the president of this com- cash in Iraq said he told contractors conclusion you can come to—and many pany, and here is what he says on our motto was: We pay in cash, you have and I certainly have—is that we MySpace. bring a bag. It was like the Wild West, have a carnival of speculation in the I like to go clubbing, go to a movie. I have he said. futures market by a lot of big-time taken a really liking towards fine Scotch You think money isn’t wasted? You speculators interested in making whiskey. I have had problems in high school, think there isn’t stolen money over money. They do not want to own oil or so I was forced to work most of my teen there, when you are distributing take possession of oil. They do not years. money out of the back of a pickup want to use oil. They wouldn’t be able He probably grew up a little fast. truck and we are airlifting one-hundred to recognize oil at first blush. They Got a decent apartment. Am content for dollar bills on C–130s, flight after wouldn’t even be able to lift a 30-gallon the moment. flight, full of cash? drum of oil. They just want to make Go to MySpace. Is this the CEO of a This is unbelievable what is hap- money speculating on oil. company you want to give $300 million pening with this contracting abuse, So if we have a bunch of speculators in contracts to? and this is one, small example. in this carnival of greed who rush into This is an outrage. So a hearing was I think all those involved in it ought these markets and drive up prices well held yesterday, and here is what the to be brought before congressional beyond what the fundamentals would hearing disclosed. There was a watch committees and that we demand an- justify, it breaks the market. If the list at the State Department. This swers from them. Who is responsible, market is broken, we have a responsi- company—these guys—had small con- who is accountable on behalf of the bility to set it right. When the com- tracts with the State Department, and American taxpayer? If they can’t an- modities market for oil was established the State Department had compiled a swer, they ought not be on the public in 1936 by legislation, Franklin Delano watch list of 80,000 individuals and payroll. Roosevelt said we have to be careful to companies suspected of illegal arms That takes care of my need for ther- have the tools to stop the speculators transgressions and other things, in- apy to talk about this issue. It is al- from taking over these markets. There cluding this company. Well, the fact is, most unbelievable that the American is a specific piece in the 1936 act that the Defense Department never checked taxpayer, en masse, is not gathering talks about excessive speculation. the State Department. Contracts have outside this Capitol saying, when we There is excessive speculation in the been pulled from this little company, hear this kind of thing, we are out- marketplace now, and it is running up but the Defense Department never raged. So let me be outraged on behalf the price of oil and gas. It is hurting checked, so they give them a $300 mil- of them and say this cannot be allowed every single American family, it is lion contract, or a series of contracts, to continue. damaging this economy, it is dramati- worth $300 million. SPECULATING ON OIL AND GAS cally injuring industries—such as air- The reason they say it didn’t show up Mr. President, I came to the floor to lines, truckers, farming, and others. is because they don’t check on contrac- talk about the issue of the price of gas- The question is, What should we do tors that maybe are bad contractors if oline. I had a guy in my office the about it? the contract is less than $5 million. other day that was the president of one Should we sit here somewhere in a That is, apparently, an asterisk. of the larger corporations and this crevasse between daydreaming and I mean, I don’t understand this at all. company was engaged in trading and thumbsucking and decide to do noth- Government officials failed to review all these issues. He was a fast talker. I ing? Or should we finally decide we several of these contracts from this lit- mean, it was unbelievable to me. When have to take some action when a mar- tle company that had been canceled or he finished talking, I was out of breath. ket is broken? delayed. They never raised red flags be- He was one of these guys who talked Let me go through a couple charts. I cause they fell under the $5 million and talked and talked. His point was: have used them before so it is repeti- contract value that was the warning Look, everything is working fine. The tious, but it seems to me it is useful threshold. The contracting officer with price of oil, the price of gas, that is repetition in describing a very serious the Army Sustainment Command had what the market says it is. I said: Well, problem. overruled a contracting team that it appears to me there are substantial Here is what has happened to the raised concerns about this company. amounts of speculation. Over a period price of oil. There is no event in here They said there was substantial doubt, of time in this world we have seen that suggests this should be the price but nonetheless the company got the some dramatic growth in speculation of oil. You double the price. There is contracts. Listen, this is shameful. We in certain areas. When it happens, the nothing in here that justifies doubling ought to do—and, yes, we in the Senate markets break and you have to come the price. The fact is, people are driv- as well—ought to do a detailed inves- back and herd the speculators out and ing less in this period. There were 4.5 tigation. We should bring people here have markets available for the legiti- or 5 billion fewer miles driven in this under subpoena, if necessary, to find mate transactions. country in a 6-month period; 4.5 to 5 out who made these judgments and This person said: Speculation, are billion fewer miles driven, less gasoline why they are still working for the Fed- you kidding me? These are normal used. That means lower demand. At the eral Government. Why aren’t they long transactions on the commodities mar- same time, in the first 4 or 5 months of ago gone from the Federal payroll? ket, the futures market for oil, as an this year, we saw crude inventory This is not the end of it or all of it. I example. There is supply, demand, and stocks rise, not fall. If inventory is have spoken about dozens and dozens of people are involved. I said: Well, tell going up and demand is going down, contracts that are similar to this. me this, if you would: What has hap- what is happening to the price of oil At any rate, yesterday, this hearing pened in the last 15 months? Tell me and gasoline? It is going up? That occurred in the House. I commend Con- what has happened with respect to sup- doesn’t make any sense. That is not gressman WAXMAN, who has been doing ply and demand that justifies doubling logical. That is a market that is bro- some of the most significant work in the price of oil in the futures market? ken. the Congress in investigating this. We Can you tell me? Then he spoke for 45 Let me analyze what all that means. need to investigate this on the defense minutes, almost uninterrupted, and This is what a commodity exchange spending side as well, those who appro- had not answered the question. looks like. This is the New York Mer- priate this funding. This is shameful, I said: That makes my point. At the cantile Exchange, called NYMEX. and I think everybody involved in it end of this meeting, you can’t answer There are a bunch of folks who trade. ought to be embarrassed. We are shov- the question because nothing has hap- They come to work and do a legitimate eling money out the door to support pened in the last 15 months that de- job. They are trained to do this job, the war in Iraq and Afghanistan. monstrably alters the supply-and-de- and they are trading on behalf of oth- I have shown pictures on the floor of mand relationship or that justifies ers. But what has changed is, instead of the Senate of one-hundred dollar bills what has happened with the price of it being just a legitimate market for

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.038 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6105 hedging between those who produce essentially going to remain about the It would be nice if we would have a and those who consume, wanting to same or go down. The price, however, regulatory body that says our job is to hedge a physical commodity, we have has gone way up. Why? Because unbri- regulate. We pay for regulatory bodies now people in this market who have no dled speculation exists in this market for the purpose of wearing the striped relationship to this commodity. with speculators driving up these shirts; they are the referees, they call Will Rogers described it a decade ago. prices. the fouls. He described people who buy things Despite that, the EIA testifies and I think, having taught some econom- they will never get from people who has testified repeatedly: They see some ics in college, that the best allocator of never had it, making money on both speculation but not very much. goods and services in this country that sides. That is speculation. If they believe this represents the I know of is the marketplace. Markets Here is what some folks have said fundamentals in the marketplace, how are wonderful. I am a big supporter of about these issues. Let me describe, on Earth could the best estimators in markets. But when markets are bro- first, before I describe what some other an agency we spend $100 million a year ken, the Government has a responsi- folks have said about it, the 1935 act. It on—how could they be this wrong? bility to act. We have a regulator that says, this is the commodities act that There is something fundamentally has been oblivious to open markets, in establishes this— wrong with that piece. fact has accelerated and actually This bill authorizes the Commission . . . to Finally, 2 days ago, the House re- helped break them. I believe our re- fix limitations upon purely speculative leased a report that was done by a sponsibility at this point is to set this trades and commitments. Hedging trans- House subcommittee that talked about regulator straight and decide here are actions are expressly exempted. the explosion of speculation on the fu- the conditions by which we own up to The point is the underlying bill au- tures market. It went from 37 percent the responsibilities of the original thorizes the regulator, the Commodity speculative trades in 2000 to 71 percent act—allowing for legitimate trading Futures Trading Commission, to fix of the trades now that are ‘‘specula- and hedging but trying to shut down limitations on purely speculative tion.’’ the speculation that has driven up the trades. That is exactly what the Com- I describe all that to say I have intro- price of gasoline and that injures every mission is supposed to do. But the duced legislation. I am talking to Re- family and every business in this coun- Commission has largely taken a vaca- publicans and Democrats in the Sen- try and damages the American econ- tion from reality. It seems to have no ate, hopeful of garnering cosponsors to omy. interest in regulating. I am talking es- move this legislation that addresses My hope is, in the coming couple pecially about the chairman and those this issue by saying to the Commodity days and weeks, that Congress, and the who control the Commission. Futures Trading Commission: You Senate especially, will be able to con- Here is Fadel Gheit, 30 years as the have the authority to do the following, sider the bill I have authored. There top energy analyst for Oppenheimer & and you should do the following, just are other good ideas as well. I welcome Co. He testified before our committee. going back and reading the underlying all of them. But I think this is not a I have spoken to him a couple times by law that created you. No. 1, identify circumstance in which one of the op- phone. Here is what he says: those trades that represent legitimate tions for the Congress is to do nothing. There is absolutely no shortage of oil. I’m hedging trades between a producer and The American people expect more and convinced that oil prices should not be a a consumer with a physical product in deserve more and I think should get dime above $55 a barrel. I call it the world’s which they wish to hedge risk. That is more from this Congress. largest gambling hall. . . . It’s open 24/7. . . . precisely what the market was estab- I have spoken to Senator REID and Unfortunately, it’s totally unregulated. . . . lished for. Distinguish that kind of many others, who are also very inter- This is like a highway with no cops on the trading from all other trading which ested in moving on these issues. I hope beat and no speed limit and everybody’s represents nonlegitimate hedging, or it will be bipartisan. I am very inter- going 120 miles an hour. speculation. ested in having Republicans and Demo- I encourage my colleagues, if you Once you have determined what body crats work on perfecting these issues want to understand what is happening of trading represents speculative trad- so we can take action very soon. in this market, call Mr. Gheit. He has ing—and it has been a carnival of I yield the floor. been involved as an energy trader with greed, in my judgment, rushing and The PRESIDING OFFICER. The Sen- the large companies. He will give you pushing up the amount of speculative ator from Oklahoma. an earful. I have had the opportunity trading, as I have shown—once you Mr. INHOFE. Mr. President, I ask to hear him not only in committee, but have done that, I suggest we impose a unanimous consent that I be recog- I called him as well and had a con- 25-percent margin on the speculative nized as in morning business to be fol- versation about speculation. trading that is going on, in order to try lowed by the Senator from Ohio, Mr. The president of Marathon Oil Com- to wring some of that excess specula- BROWN, and he would be followed by pany: ‘‘$100 oil isn’t justified by the tion out of this market. the Senator from New Hampshire, Mr. physical demand of the market.’’ No. 2, I suggest the regulator have GREGG. I am going to have a hearing this the opportunity to use their authority The PRESIDING OFFICER. Is there afternoon with the head of the Energy to either revoke or modify all their objection? Information Administration, EIA. I previous actions, including their ‘‘no Mr. FEINGOLD. Mr. President, I ask fund this agency in my appropriations action’’ letters, in order to shine the I be added after Senator GREGG. subcommittee—Mr. Caruso heads it. I light on and see and regulate all the Mr. INHOFE. And the Senator from wish to show what the EIA has pro- transactions that have to do with Wisconsin be after Senator GREGG. jected on all these occasions for the American products or trading in this The PRESIDING OFFICER. Without price of oil and gasoline. country. objection, it is so ordered. In May of last year, they projected Strangely enough, the Commodity Mr. INHOFE. First of all, it is my in- this yellow line. That is where the Futures Trading Commission itself tention—which I will not do right now price would go. In July of last year, said, for example, the Intercontinental because I know what would happen—to they projected this yellow line. In Sep- Exchange, largely owned by American introduce an amendment to the hous- tember, they projected this. Do you see interests, that trades in London—that ing bill that makes eminent sense. But what the momentum is? In terms of you can come here, you can set up an I know and I have been told it would be what they are projecting, in every case office in Atlanta, you can trade on objected to, so I will not do it, but I they are demonstrably wrong—not just computers in Atlanta, and we will de- will explain it in hopes that at a later wrong by a little, wrong by a lot. cide of our own volition that we will time we will be able to get this in. We spend over $100 million for this not regulate you and you will be out- The amendment I have is simply a agency to get the best and brightest, to side the purview of our sight. That is one-page amendment. What it does, it determine as best they can what is an unbelievably bad decision, and it would prohibit individuals who annu- going to happen to the price of oil. needs to be revoked—not just that de- ally make more than $75,000 and cou- They have always believed the price is cision but so many others similar to it. ples making more than $150,000 from

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.040 S25JNPT1 jbell on PROD1PC69 with SENATE S6106 CONGRESSIONAL RECORD — SENATE June 25, 2008 receiving taxpayer-backed bailouts of their mortgage liability responsible for the Fair Labor Standards Act into law. troubled mortgages. The main provi- the irresponsible decisions of others. After two decades of devastating Su- sion of the housing bailout bill is a pro- We should not be putting taxpayers on preme Court opposition, a Supreme gram to allow troubled mortgage hold- the hook for bad loans made by irre- Court in those days with a similar bias ers to refinance their mortgage into a sponsible lenders and borrowers. We against workers that our Supreme Government-insured loan through the most certainly should not be putting Court has today—think of Ledbetter FHA. The bill allows the FHA to take taxpayers on the hook for individuals and so many other cases they have on up to $300 billion in troubled mort- who can afford two or three times what made. But after two decades of dev- gages, into the taxpayer-backed pro- the average taxpayer can afford. astating Supreme Court opposition, gram. This is especially true when there is and 3 years after that Supreme Court In this bill, as currently written, the no guarantee the program would not declared the National Industrial Recov- value of an eligible loan under the FHA have to be bailed out after the addi- ery Act unconstitutional, Americans is $550,000. The nationwide average tional taxpayer dollars. There is a very finally were assured of a minimum value of a home is roughly $200,000. The good chance, in fact, that this program wage, reasonable work hours, and an average value of a home in Oklahoma will require additional tax dollars; that end to child exploitation. is just under $150,000. this is just the beginning. Senator Hugo Black, who sat at this I believe it is bad policy to put tax- On June 10, the New York Times re- desk in the Senate in the 1920s and payers on the hook for borrowers who ported that the FHA—the agency we 1930s, was fundamental in this historic took on more than they could afford are mandating in this bill to take on achievement. Black, in the early 1930s, and lenders who made bad loans to the worst loans made during the prior to Roosevelt becoming President, begin with. It is entirely unacceptable subprime housing crisis—currently had introduced legislation calling for a to have the Government put taxpayers faces $4.6 billion in losses, four times 6-hour workday. It was considered so on the hook for someone who qualified the amount of losses than the previous radical and so controversial that the 8- for a loan more than two or three year and over 20 percent of its capital hour workday signed into law by Presi- times what the average American can reserves. dent Roosevelt was considered more afford. The day before the New York Times reasonable and more palatable, and the When Congress passed the economic story, Reuters reported that the head Congress went along. stimulus package, Democrats vehe- of FHA, Brian Montgomery, has seri- Black, by this time, by the time the mently argued certain people make too ous concerns about the housing legisla- minimum wage actually went into ef- much money to benefit from a handout tion we are now considering: fect, was a member of the Supreme from the U.S. Government; specifi- Some in Congress are advancing legisla- Court appointed by President Roo- cally, eligibility for the full-time stim- tion . . . that could be problematic for the sevelt. Black, in those years leading ulus was capped at $75,000 for an indi- economy and the country. up, joined with President Roosevelt, vidual and $150,000 for couples. So this He further said: Labor Secretary Frances Perkins, and amendment says that if you are too labor leader Sidney Hillman to craft rich to get a full stimulus check, you FHA is designed to help stabilize the econ- omy . . . it is not designed to be a lender of legislation that would withstand judi- are too rich to get a bailout. last resort, a mega-agency to subsidize bad cial challenge. It was not an easy fight, Another provision of the housing bill loans. but progressives stood firm for social provides an interest-free loan of $8,000 Yesterday the Wall Street Journal justice and for economic justice. They for first-time home buyers and applies reported the FHA is having serious said ‘‘no’’ to worker exploitation and income limits of $75,000—there it is trouble with the bad mortgages that they created a path to the American again—for individuals and $150,000 for are already on the books and will like- dream for millions. As the minimum couples. It is perfectly reasonable to ly require an appropriation of over 1 wage floor was established, other wages apply those same income standards for billion in Federal tax dollars as soon as went up also, and more and more work- individuals who are getting a taxpayer- next year. ers joined the middle class and as a re- backed bailout on their mortgages. sult came out of poverty and joined the Someone with a $550,000 mortgage This would be the first instance of a middle class. For the first time in our pays approximately $3,300 a month on government subsidy for the FHA since Nation’s history, people who worked housing alone—that is assuming a 30- it was created in 1934. The Journal reported: hard were assured of a reasonable year fixed-rate mortgage at a 6.3-per- standard of living and decent labor cent interest rate. That comes to The FHA, which essentially is filling the void left by the collapse of the subprime conditions. $39,600 a year in mortgage payments market, will request a Government subsidy Where is that commitment today? alone. According to the Bureau of Eco- for the first time in its 74-year history. The Today’s low- and middle-income men nomic Analysis, average per capita in- agency says it will need $1.4 billion next and women have been hit hard by the come in the United States, in 2007, was year. failed economic policies of the last 7 $38,600; therefore, someone with a The American taxpayer, the tax- years, bad trade policy, bad tax policy, $550,000 mortgage will be spending payers in my State of Oklahoma, all up and down. We see what has hap- around $1,000 more on their home alone should not be put in a position where pened to our economy in the Presiding than the average American makes in they are ultimately responsible for the Officer’s home State of Pennsylvania, an entire year. irresponsible decisions of others, and my State of Ohio, from Lima to Zanes- The Congressional Budget Office they certainly should not be on the ville, and everywhere in between. came out and warned that 35 percent of hook for relatively well-off individuals, With gas at $4 a gallon, rising health the loans refinanced through the pro- not to mention large lending compa- care costs, skyrocketing food prices, it gram will eventually default anyway. nies that made poor financial deci- is more and more difficult for hard- CBO also highlighted the perverse in- sions. working Americans to keep pace. Now centives in this bill, noting that banks Lastly, let me say we are using the 70 years of progress is eroding. Income will use the program to offload their same standard, this $75,000 per indi- inequality is the worst it has been in highest risk loans to taxpayers. CBO vidual or $150,000 for a joint return, this country since before Roosevelt, said: that would be the same level we are since the Depression and the New Deal . . . the cumulative [default rate] for the using in the rest of this bill and other gave birth to the minimum wage. program would be about 35 percent and that programs, including the economic Tim, from Cleveland Heights, OH, a recoveries on defaulted mortgages would be about 60 percent of the outstanding loan stimulus program. suburb southeast of Cleveland, used to amount. Those rates reflect CBO’s view that I yield the floor. donate to food banks, soup kitchens, mortgage holders would have an incentive to The PRESIDING OFFICER. The Sen- and charities before his family fell on direct their highest risk loans to the pro- ator from Ohio. hard times. He never thought he would gram. MINIMUM WAGE need that help from others. But as the Washington should not be holding Mr. BROWN. Mr. President, 70 years cost of living went up, Tim, who has a folks who have been responsible for ago today President Roosevelt signed full-time job—his wages did not keep

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.041 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6107 pace. It took 3 months of financial making your home more energy effi- Most people use oil to heat their strain before Tim and his family real- cient, using solar, using wind, using homes, and with home heating oil at ized they needed to use the food bank wood pellet stoves, things which are over $4.50 a gallon, you are talking he had been contributing to in the basically alternative sources of energy, about a doubling of the oil costs from past. or doing additions to people’s homes last year. That is going to overwhelm Tim used to consider himself middle which make their homes more energy the pocketbooks and the economic sit- class. He does not picture himself that efficient. uation for a lot of people in New Hamp- way anymore. But there is reason for At a time when gas prices are ex- shire. It is going to be a real hardship. hope. In 2007, this Congress, the House traordinarily high, and oil prices are We need to do something which will re- and the Senate, passed the first min- going through the roof, especially lieve that. imum wage increase in 10 years. Work- home heating oil—in fact, it is esti- This is one element of extending the ers now earn $5.85 an hour, and will get mated home heating oil will be about renewable energy tax credits. But an- a raise of 70 cents next month. This is $4.77 this week—it is essential that we other major element of it is for us to a positive step but just the first. We do whatever we can as a government to have an energy policy at the national must continue to push for a living encourage the use of alternative level which essentially promotes Amer- wage for all of Ohio and America’s sources and renewables and to encour- ican production of energy. We should hard-working men and women. age people to be more energy efficient produce more American energy and ob- Today someone earning a minimum as they either build a new home or viously we should consume less. There wage and working full time makes only they refurbish and renovate their old is no question that conservation is a $10,700 a year. That is $6,000 below the homes. critical element, as are renewables. poverty line for a family of three. That seems to be common sense to But on the production side, there is no That, put mildly, is unacceptable. Con- me. It has such common sense that this reason that we as a nation have locked gress must work to index the minimum proposal, the extension of the renew- up our capacity to use our resources in wage to inflation to give workers relief able tax credits, passed this body with order to relieve the pressure on Amer- in these hard times. 88 votes. However, for some reason it is ica’s people who are now having to pay Under current policy, wages stay low not being allowed to be brought up on these outrageous prices for energy, and as prices go up. Wages in real dollars this bill. with the revenues from those purchases are far below the minimum wage, and It is very appropriate for this bill, it going overseas, in many instances to in real dollars are far below what it is even germane to this bill, as I under- nations which do not like us all that was 40 years ago. Hard-working Ameri- stand it, which is a pretty heavy test much. In addition, obviously every time we cans are at the mercy of politics and to pass. But it is not being allowed to send a dollar overseas, it is a dollar business lobbies for an increase in pay, be brought up for a vote. I cannot un- that can’t be invested here in more while CEOs of corporations such as derstand that. This is such an impor- jobs, in more economic activity, and Exxon are reporting record paydays. tant action from the standpoint of giv- ing consumers and people who are the fact that we have now tripled what This is unconscionable. we are exporting in the way of re- Franklin Roosevelt said: struggling with high energy cost op- tions. It is something we should rush to sources, in the way of dollars, again to A self-supporting and self-respecting de- countries in some instances that do not do. It is not something that should be mocracy can plead no justification for the have a great deal of admiration for us, existence of child labor, no economic reason delayed by the leadership of the other in many ways are antagonistic to us— for chiseling workers’ wages or stretching side of the aisle. But that is what is the exportation of those huge amounts workers’ hours. happening. of dollars, over $300 billion a year, is Like Roosevelt, we must stand for so- I join with Senator ENSIGN and Sen- money which we need here in America cial and economic justice. If social jus- ator CANTWELL and strongly encourage tice and economic justice works for the leadership of the Senate Democrats to make ourselves stronger.We are heading down a very dangerous road hard-working Ohio families, hard- to allow a vote on this amendment and here when we do not recognize that we working American families, and social let it pass. If the House does not want need to produce American energy and and economic justice builds a better to take it, that is their choice. But I keep those dollars in the United society, we must do our part to ensure suspect the House will, because, again, States, rather than shipping them that those who want to work can make it is common sense, and commonsense overseas. a living wage. ideas usually lead to common ground, Now, from the other side of the aisle We must fight in this Chamber for which leads to something happening we heard these proposals, we heard it families who are struggling to stay around here. from the Senator from North Dakota, above the poverty line, families who When you have got 88 votes for some- that the way to address this is to liti- work full time and play by the rules, thing, it should be done. In the larger gate; the way to address this is to regu- pay their taxes, are involved in their context of the energy crisis which we late; the way to address this is to tax. communities, raising their kids. We face, this type of step is critical. It is Well, none of those initiatives add must ask ourselves what kind of coun- not going to solve the whole problem, more resources to the mix. And this is, try we want this great country to be. we know that, but it is certainly part in large part, an issue of supply and de- I yield the floor. of the matrix of moving to a more posi- mand. The world is expanding. India The PRESIDING OFFICER. The Sen- tive result and getting our energy costs and China have a population base of al- ator from New Hampshire is recog- under control. most 2.5 billion people between them. nized. People in New Hampshire—this is We have 300 million people. They are Mr. GREGG. Mr. President, I want to true across the country, but people in growing economically, and they are speak on the bill, not in morning busi- New Hampshire are thinking about using a lot of energy to do that. ness. next winter and the cost of home heat- We have to recognize that if we are I am concerned we are not getting to ing oil is going to be extraordinary. It going to remain competitive and pro- a lot of the issues in this bill we should looks as if this will add tremendous ductive and strong, we have got to get to. Although I am supportive of the stress, especially on people who live on produce energy here, we have got to underlying bill, one of the issues we are a fixed income but even those who were conserve it—we have to produce more not getting to, and I do not understand able to adjust their income through of it, and we have to use less. it, is the need to extend the renewable working are going to find it difficult. As part of that initiative, we need to tax credits. They are going to find it difficult, be- look at ways and places that we can Senator ENSIGN and Senator CANT- cause at $4 a gallon, if they have to produce more, areas such as oil shale, WELL have brought forward an amend- commute to work—and most people in for example. We have more reserves in ment to accomplish this. The renew- New Hampshire have to commute; it is oil shale, three times as much reserves able tax credits are those tax credits a rural State from the standpoint of in oil as Saudi Arabia. The estimate is which create an incentive for using moving around—they are going to find between 2 and 3 trillion barrels of re- things that are more energy efficient: it much more expensive to commute. serves in oil shale alone. We have huge

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.018 S25JNPT1 jbell on PROD1PC69 with SENATE S6108 CONGRESSIONAL RECORD — SENATE June 25, 2008 reserves in Outer Continental Shelf oil the last nuclear powerplant that went that puts our companies immediately and gas. But both of those types of re- on line, Seabrook. It took us an extra at a competitive disadvantage. sources are being locked down by oppo- 10 to 15 years to build that plant be- What do these companies which have sition, again regrettably by the other yond what it should have required. It been so vilified around here and such side of the aisle, which says we cannot cost us almost $1 billion more than it easy targets for the online press re- drill in the Outer Continental Shelf ex- should have cost, and almost all of lease really do with those profits? They cept in the Gulf of Mexico, and we can- those costs and delays were a function do two things: They reinvest them in not use the oil shale reserves which are of protests undertaken by very activist trying to find more energy, which will available. elements led primarily by the Demo- hopefully be American-produced en- In fact, 100 percent of the oil shale re- cratic Party within the State of New ergy, which is good because more sup- serves have been put off limits by poli- Hampshire. ply reduces cost, or they distribute cies of the other side of the aisle, sup- There has never been an apology for those profits to shareholders. Who are ported by their national Presidential what they did to the people of New the shareholders? Most Americans are candidate, Mr. OBAMA, and 85 percent Hampshire—over a billion dollars of shareholders, and most American of the oil in the lower 49 that is poten- extra energy costs put on the people of shareholdings are in these companies. tially out there on the Outer Conti- New Hampshire, a direct tax, and yet If you have a 401(k), if you are a nental Shelf has been put off limits, Seabrook, once it was turned on, has member of a pension fund, if you are a again, by the other side of the aisle delivered power for almost 18 years and union employee and you have a pension and, again, supported by Senator has delivered it safely and at a fair fund, the odds are good that pension OBAMA. That is a huge amount of re- price, to the point where New Hamp- fund is invested in one of these compa- serves which we are leaving in the shire actually exports energy to sur- nies that are going to be subject to this ground while we buy oil at exorbitant rounding States as a result. brand new taxation coming from the prices from Venezuela, a country led by We know nuclear power can be safe. other side of the aisle. There will be an individual who hates America; oil Nobody has ever died from nuclear less money to explore and less money from Iran, a country where the entire power as compared with other types of to distribute back to working Ameri- government hates America and any- power sources. We should not bar its cans through their pension funds and thing western. development; we should encourage its dividends. That is not going to produce Why do we do that? That makes no development. We need new nuclear any more energy; in fact, it will sense at all. Clearly, we have these re- powerplants. We need new sources. We produce less. That, again, accomplishes serves here, and they can be recovered need to find and explore for new nothing except putting out a press re- in an environmentally safe and sound sources of energy such as are available lease which has nice cosmetics, but way. The example on the Outer Conti- on the Outer Continental Shelf and in when you look behind it, it has no sub- nental Shelf was shown when we saw oil shale. stance as to addressing the funda- Katrina, a horrific disaster, a force 5 Yet, regrettably, what we run into mental issue. hurricane that came up the Gulf of here is that everybody can agree on the The fundamental issue is this: We, as Mexico and wiped out one of our great need for conservation, but it doesn’t a country, need more American energy cities, New Orleans. Virtually no oil or appear we are going to agree on the production, and we need to consume a gas was spilled as a result of Hurricane need for renewables because that lot less. There are two sides to the Katrina. Yet it went right across the amendment is being stopped. But the coin. We also need a renewable policy Gulf of Mexico where all the major oil idea that we should go out and produce that works. That is why this amend- and gas rigs are. That proved beyond more American energy so we are not ment offered by Senators ENSIGN and any question that gas and oil can be buying energy from Venezuela and CANTWELL, and which has such broad produced on the Outer Continental from Iran, that is rejected, regrettably, support here, should be voted on. It is Shelf with environmental safety. by the other side of the aisle. a no-brainer. Let’s at least move this There is a lot of it out there that has The policy presented in their energy part of the package of responsible en- been locked down. Eighty-five percent plan was taxation, litigation, and regu- ergy policy. I cannot understand why it of the potential leaseholds are no lation. We heard it again today. We is not being voted on, especially since longer available because of the position just regulate our way into a surplus of it is relevant to the housing bill. We taken by the other side. In the area of supply. That is not going to happen. should pass this in a nanosecond be- oil shale, these huge reserves which You can’t take a trial lawyer and stick cause it will at least help in a small may be available to us are recoverable him in your oil tank, in your house, way toward moving our energy policy by drilling underground and by doing and get energy. The simple fact is, giv- in the right way, which is toward more almost all the effort to recover that oil ing the trial lawyers the ability to sue renewables as we address the issue of underground so that what actually Venezuela isn’t going to produce any production and conservation along comes out of the ground is virtually more energy for the United States. with it. the product that is used. We could es- What it is probably going to do is I yield the floor. sentially get all the oil we need in create an atmosphere where countries The PRESIDING OFFICER (Mr. order to operate the armed services of that dislike us within the OPEC group MENENDEZ). The Senator from Wis- the United States, the biggest con- are going to say: The heck with you. consin. sumer of oil in this country, simply You want to create a lawsuit against FISA AMENDMENTS ACT OF 2008 from oil shale because it is a heavy oil us, we don’t have to sell you the energy Mr. FEINGOLD. Mr. President, I which is diesel-like fuel. Yet that is or, when you send us your money, we strongly oppose H.R. 6304, the FISA locked down; 100 percent of that is don’t have to reinvest in the United Amendments Act of 2008. I will vote locked down by the policies of the States. It is cutting off our nose to against cloture on the motion to pro- other side of the aisle. spite our face. It is a policy that is vir- ceed. This legislation has been billed as We can move on, of course, to an- tually absurd on its face because it will a compromise between Republicans and other source that we need to use, which have so little productive effect on the Democrats. We are asked to support it is nuclear power. Nuclear power is es- price of energy. because it is supposedly a reasonable sential if we are going to produce the The same could be said for taxation. accommodation of opposing views. electricity necessary to make this We are going to create a confiscatory Let me respond to that as clearly as country productive and prosperous and tax on companies that produce energy, possible. This bill is not a compromise; to meet the need to reduce greenhouse American companies. Those companies it is a capitulation. This bill will effec- gases which are creating problems for only control about 6 percent of the tively and unjustifiably grant immu- us as a culture and for the world. The world’s reserves. The rest of the nity to companies that allegedly par- other side of the aisle has resisted and world’s reserves are controlled by na- ticipated in an illegal wiretapping pro- stopped construction of new nuclear tions such as Saudi Arabia, Venezuela, gram, a program that more than 70 powerplants. We are uniquely familiar and Iran. They are not going to be sub- Members of this body still know vir- with this in New Hampshire. We had ject to that tax, their companies. So tually nothing about. This bill will

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.019 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6109 grant the Bush administration, the I am a little concerned that the focus I should note that one of the few same administration that developed on immunity has diverted attention bright spots in this bill is the inclusion and operated this illegal program for away from the other very important of a provision from the Senate bill to more than 5 years, expansive new au- issues at stake in this legislation. In prohibit the intentional targeting of an thorities to spy on Americans’ inter- the long run, I don’t believe this bill American overseas without a warrant. national communications. will be actually remembered as the im- That is an important new protection. If you don’t believe me, here is what munity bill. I think this bill is going to But that amendment does not prevent Senator BOND had to say about the bill: be remembered as the legislation in the indiscriminate vacuuming up of all I think the White House got a better which Congress granted the executive international communications, which deal than even they had hoped to get. branch the power to sweep up all of our would allow the Government to collect House minority whip ROY BLUNT international communications with the communications of Americans said: very few controls or oversight. overseas, including with friends and The lawsuits will be dismissed. Here I am talking about title I of the family back home, without a warrant. There is simply no question that bill, the title that makes substantive I tried to address this issue of ‘‘bulk Democrats who had previously stood changes to the FISA statute. I would collection’’ several times, working in strong against immunity and in sup- like to explain why I am so concerned the Intelligence Committee, the Judi- port of civil liberties were on the losing about the new surveillance powers ciary Committee, and ultimately on end of this backroom deal. granted in this part of the bill, and the Senate floor in February, when I The railroading of Congress began why the modest improvements made to offered an amendment that would have last summer when the administration this part of the bill don’t even come required that there be some foreign in- rammed through the so-called Protect close to being sufficient. telligence purpose for the collection of America Act, or PAA, vastly expanding This bill has been sold to us as nec- communications to or from particular the Government’s ability to eavesdrop essary to ensure that the Government targets. The vast majority of Demo- without a court-approved warrant. can collect communications between crats supported this effort, but, unfor- That legislation was rushed through persons overseas without a warrant and tunately, it was defeated. So the bill this Chamber in a climate of fear—fear to ensure that the Government can col- today we are considering does not ad- of terrorist attacks and fear of not ap- lect the communications of terrorists, dress this serious problem. pearing sufficiently strong on national including their communications with Second, like the earlier Senate security. There was very little under- people in the United States. No one dis- version, this bill fails to effectively standing of what the legislation actu- agrees that the Government should prohibit the practice of reverse tar- ally did. But the silver lining was that have this authority. But the bill goes geting and this is; namely, wiretapping the law did have a 6-month sunset. So much further, authorizing widespread a person overseas when what the Gov- Congress quickly started working to surveillance involving innocent Ameri- ernment is really interested in is lis- fix the legislation. The House passed a cans at home and abroad. tening to an American here at home bill last fall. The Senate passed its bill, First, the FISA Amendments Act, with whom the foreigner is commu- one that I believed was deeply flawed, like the Protect America Act, will au- nicating. The bill does have a provision in February. thorize the Government to collect all that purports to address this issue. The As the PAA 6-month sunset ap- communications between the United bill prohibits intentionally targeting a proached in late February, the House States and the rest of the world. person outside the United States with- faced enormous political pressure sim- That could mean millions upon mil- out an individualized court order if ply to pass the Senate bill before the lions of communications between inno- ‘‘the purpose’’ is to target someone sunset date, but the reality was that no cent Americans and their friends, fami- reasonably believed to be in the United orders under the PAA were actually lies, or business associates overseas States. But this language would permit going to expire in February. Fortu- could legally be collected. Parents call- intentional and possibly unconstitu- nately, to their great credit, the House ing their kids studying abroad, e-mails tional warrantless surveillance of an stood firm in its resolve not to pass the to friends ‘‘ serving in Iraq—all of American so long as the Government Senate bill with its unjustified immu- these communications could be col- has any interest in the person overseas nity provisions. The House deserves lected, with absolutely no suspicion of with whom the American is commu- enormous credit for not buckling in the any wrongdoing, under this legislation. nicating. And, if there was any doubt, face of the President’s attempts to in- In fact, the DNI even testified that this the DNI has publicly said that the Sen- timidate them. Ultimately, the House type of ‘‘bulk collection’’ would be ‘‘de- ate bill—which contained identical lan- passed new legislation in March, set- sirable.’’ guage as the current bill—merely ting up the negotiations that have led The bill’s supporters like to say that ‘‘codifies’’ the administration’s posi- us here today. the Government needs additional pow- tion, which is that the Government can I think it is safe to say that even ers to target terrorists overseas. But wiretap a person overseas indefinitely many who voted for the Protect Amer- under this bill, the Government is not without a warrant, no matter how in- ica Act last year came to believe it was limited to targeting foreigners outside terested it may really be in the Amer- a mistake to pass that legislation. the United States who are terrorists, or ican with whom that person overseas is While the House deserves credit for re- who are suspected of some wrongdoing, communicating. fusing to pass the Senate bill in Feb- or who are members or agents of some Supporters of this bill also will argue ruary and for securing the changes in foreign government or organization. In that it requires the executive branch to this new bill, the bill is still a very se- fact, the Government does not even establish guidelines for implementing rious mistake. need a specific purpose for wiretapping this new reverse targeting require- The immunity provision is a key rea- anyone overseas. All it needs to have is ment. But the guidelines are not sub- son for that. It is a key reason for my a general ‘‘foreign intelligence’’ pur- ject to any judicial review. And requir- opposition to the legislation and for pose, which is a standard so broad that ing guidelines to implement an ineffec- that of so many of my colleagues and, it basically covers all international tive limitation is not a particularly frankly, so many Americans. No one communications. comforting safeguard. should be fooled about the effect of this That is not just my opinion. The DNI When the Senate considered the bill. Under its terms the companies has testified that, under the PAA, and FISA bill earlier this year, I offered an that allegedly participated in the ille- presumably this bill, the Government amendment—one that had actually gal wiretapping program will walk could legally collect all communica- been approved by the Senate Judiciary away from these lawsuits with immu- tions between the United States and Committee—to make this prohibition nity. They will get immunity. There is overseas. Let me repeat that. Under on reverse targeting meaningful. My simply no question about it. Anyone this bill, the Government can legally amendment, which again had the sup- who says this bill preserves a meaning- collect all communications—every last port of the vast majority of the Demo- ful role for the courts to play in decid- one—between Americans here at home cratic caucus and was included in the ing these cases is just wrong. at home and the rest of the world. bill passed by the House in March,

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.021 S25JNPT1 jbell on PROD1PC69 with SENATE S6110 CONGRESSIONAL RECORD — SENATE June 25, 2008 would have required the Government in the past, they are certainly inad- All of those provisions are positive to obtain a court order whenever a sig- equate as a check against the vast developments, and I am glad that the nificant purpose of the surveillance is amounts of Americans’ private infor- ultimate product seemingly destined to actually to acquire the communica- mation that could be collected under become law contains these improve- tions of an American in the United this bill. That is why on the Senate ments. States. This would have done a far bet- floor joined with my colleagues, Sen- But I just can’t pretend somehow ter job of protecting the privacy of the ator WEBB and Senator TESTER, to offer that these improvements are enough. international communications of inno- an amendment to provide real protec- They are nowhere close. When I offered cent Americans. Unfortunately, it is tions for the privacy of Americans, j my amendments on the Senate floor in not in this bill. while also giving the Government the February, the vast majority of the Third, the bill before us imposes no flexibility it needs to wiretap terrorists Democratic caucus supported me. meaningful consequences if the Gov- overseas. But this bill, like the Senate While I did not have the votes to pass ernment initiates surveillance using bill, relies solely on these inadequate those amendments, I am confident that procedures that have not been ap- minimization procedures. more and more Members of Congress proved by the FISA Court, and the The broad surveillance powers in- will agree that changes to this legisla- FISA Court later finds that those pro- volving international communications tion need to be made. If we can’t make cedures were unlawful. Say, for exam- that are contained in this legislation them this year, then Congress must re- ple, that the FISA Court determines are particularly troubling because we turn to this issue—and it must do so as that the procedures were not even rea- live in a world in which international soon as the new President takes office. sonably designed to wiretap foreigners communications are increasingly com- These issues are far too important to rather than Americans. Under the bill, monplace. Thirty years ago it was very wait until the sunset date, especially expensive, and not very common, for all of that illegally obtained informa- now that it is set in this bill for 2012, most Americans to make an overseas tion on Americans can be retained and another presidential election year. used anyway. Once again, there are no call. Now, particularly with e-mail, But let me now turn to the grant of such communications happen all the consequences for illegal behavior. retroactive immunity that is contained time. Millions of ordinary, and inno- Now, unlike the Senate bill, this new in this bill because on that issue there cent, Americans communicate with bill does generally provide for FISA is no question that any differences be- people overseas for entirely legitimate Court review of surveillance procedures tween this bill and the Senate bill are before surveillance begins. But it also personal and business reasons. Parents or children call family members over- only cosmetic. Make no mistake: This says that if the Attorney General and seas. Students e-mail friends they have bill will result in immunity. the DNI certify that they don’t have Under the terms of this bill, a Fed- met while studying abroad. Business time to get a court order and that in- people communicate with colleagues or eral district court would evaluate telligence important to national secu- clients overseas. Technological ad- whether there is substantial evidence rity may be lost or not timely ac- vancements combined with the ever that a company received ‘‘a written re- quired, then they can go forward with- more interconnected world economy quest or directive . . . from the Attor- out this judicial approval. This is a far have led to an explosion of inter- ney General or the head of an element cry from allowing an exception to national contacts. of the intelligence community . . . in- FISA Court review in a true emergency Supporters of the bill like to say that dicating that the activity was author- because arguably all intelligence is im- we just have to bring FISA up to date ized by the President and determined portant to national security and any with new technology. But changes in to be lawful.’’ delay at all might cause some intel- technology should also cause us to But we already know from Senate Se- ligence to be lost. So I am really con- take a close look at the need for great- lect Committee on Intelligence’s com- cerned that this so-called exigency ex- er protections of the privacy of our mittee report last fall that the compa- ception could very well swallow the citizens. If we are going to give the nies received exactly these materials. rule and undermine any presumption of Government broad new powers that That is already public information. So prior judicial approval. will lead to the collection of much under the exact terms of this proposal, But whether the exception is applied more information on innocent Ameri- the court’s evaluation would essen- broadly or narrowly, if the Government cans, we have a duty to protect their tially be predetermined. invokes it and ultimately engages in il- privacy as much as we possibly can. Regardless of how much information legal surveillance, the court should be And we can do that without sacrificing the court is permitted to review, what given at least some flexibility after the our ability to collect information that standard of review is employed, how fact to determine whether the govern- will help us protect our national secu- open the proceedings are, and what role ment should be allowed to keep the re- rity. This supposed compromise, unfor- the plaintiffs are permitted to play, the sults of illegal surveillance if it in- tunately, fails that test. court will essentially be required to volves Americans. That is what an- I don’t mean to suggest that this bill grant immunity under this bill. other one of my amendments on the does not contain some improvements Now, proponents will argue that the Senate floor would have done, an over the bill that the Senate passed plaintiffs in the lawsuits against the amendment that actually garnered 40 early this year. Clearly it does, and I companies can participate in briefing votes. Yet this issue goes completely appreciate that. Certainly, it is a good to the court. This is true. But they are unaddressed in the so-called com- thing that this bill includes language allowed to participate only to the ex- promise. making clear, once and for all, that tent it does not necessitate the disclo- Fourth, this bill doesn’t protect the Congress considers FISA and the crimi- sure of classified information. The ad- privacy of Americans whose commu- nal wiretap laws to be the exclusive ministration has restricted informa- nications will be collected in vast new means by which electronic surveillance tion about this illegal program so quantities. The administration’s can be conducted in this country—a much that, again, more than 70 Mem- mantra has been: Don’t worry, we have provision that Senator FEINSTEIN bers of this Chamber alone don’t even minimization procedures. Minimiza- fought so hard for. And it is a good have access to the basic facts about tion procedures are nothing more than thing that Congress is directing the what happened. So let’s not pretend unchecked executive branch decisions relevant inspectors general to do a that the plaintiffs will be able to par- about what information on Americans comprehensive report on the Presi- ticipate in any meaningful way. And constitutes ‘‘foreign intelligence.’’ As dent’s illegal wiretapping program—a even if they could participate fully, as recently declassified documents have report whose contents I hope will be I said before, immunity is a foregone again confirmed, the ability of Govern- made public to the greatest degree pos- conclusion under the bill. ment officials to find out the identity sible. And it is a good thing that the This result is extremely dis- of Americans and use that information bill no longer redefines the critical appointing on many levels, perhaps is extremely broad. Moreover, even if FISA term ‘‘electronic surveillance,’’ most of all because granting retro- the administration were correct that which could have led to a lot of confu- active immunity is unnecessary and minimization procedures have worked sion and unintended consequences. unjustified. Doing this will profoundly

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.001 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6111 undermine the rule of law in this coun- quest for assistance was a lawful one. They want Americans to think that try. That approach would leave the compa- not granting immunity will damage For starters, current law already pro- nies in a permanent state of legal un- our national security. But if you take a vides immunity from lawsuits for com- certainty about their obligations. close look at the argument, it does not panies that cooperate with the Govern- So Congress devised a system that hold up. The telephone companies are ment’s request for assistance, as long would take the guesswork out of it already legally obligated to cooperate as they receive either a court order or completely. Under that system, which with a court order, and as I have men- a certification from the Attorney Gen- was in place in 2001, and is still in place tioned, they already have absolute im- eral that no court order is needed and today, the companies’ legal obligations munity for cooperating with requests the request meets all statutory re- and liability depend entirely on wheth- that are properly certified. So the only quirements. But if requests are not er the Government has presented the thing we would be encouraging by properly documented, FISA instructs company with a court order or a cer- granting immunity here is cooperation the telephone companies to refuse the tification stating that certain basic re- with requests that violate the law. Government’s request, and subjects quirements have been met. If the prop- That is exactly the kind of cooperation them to liability if they instead still er documentation is submitted, the that FISA was supposed to prevent. decide to cooperate. Now, there is a company must cooperate with the re- Let’s remember why. These compa- reason for this. This framework, which quest and will be immune from liabil- nies have access to our most private has been in place for 30 years, protects ity. If the proper documentation has conversations, and Americans depend companies that act at the request of not been submitted, the company must on them to respect and defend the pri- the Government while also protecting refuse the Government’s request, or be vacy of these communications unless the privacy of Americans’ communica- subject to possible liability in the there is clear legal authority for shar- tions. courts. ing them. They depend on us to make Some supporters of retroactively ex- The telephone companies and the sure the companies are held account- panding this already existing immu- Government have been operating under able for betrayals of that public trust. nity provision argue that the telephone this simple framework for 30 years. The Instead, this immunity provision would companies should not be penalized if companies have experienced, highly invite the telephone companies to be- they relied on a high-level Government trained, and highly compensated law- tray that trust by encouraging co- assurance that the requested assist- yers who know this law inside and out. operation with illegal Government pro- ance was lawful. But as superficially In view of this history, it is incon- grams. appealing as that argument may sound, ceivable that any telephone companies But this immunity provision does not it completely ignores the history of the that allegedly cooperated with the ad- just allow telephone companies off the FISA law. ministration’s warrantless wiretapping hook for breaking the law. It also will Telephone companies have a long his- program did not know what their obli- make it that much harder to get to the tory of receiving requests for assist- gations were. It is just as implausible core issue that I have been raising ance from the Government. That is be- that those companies believed they since December 2005, which is that the cause telephone companies have access were entitled to simply assume the President ran an illegal program and to a wealth of private information lawfulness of a Government request for should be held accountable. When these about Americans—information that assistance. This whole effort to obtain lawsuits are dismissed, we will be that can be a very useful tool for law en- retroactive immunity is based on an much further away from an inde- forcement. But that very same access assumption that doesn’t hold water. pendent judicial review of this pro- to private communications means that That brings me to another issue. I gram. telephone companies are in a unique have been discussing why retroactive Since 9/11, I have heard it said many position of responsibility and public immunity is unnecessary and unjusti- times that what separates us from our trust. fied, but it goes beyond that. Granting enemies is respect for the rule of law. And yet, before FISA, there were ba- companies that allegedly cooperated Unfortunately, the rule of law has sically no rules at all to help these with an illegal program this new form taken it on the chin from this adminis- phone companies resolve the tension of automatic, retroactive immunity tration. Over and over, the President between the Government’s requests for undermines the law that has been on and his advisers have claimed the right assistance in foreign intelligence inves- the books for decades—a law that was to ignore the will of Congress and the tigations and the companies’ respon- designed to prevent exactly the type of laws on the books if and when they see sibilities to their customers. actions that allegedly occurred here. fit. Now they are claiming the same So this legal vacuum resulted in seri- Remember, telephone companies al- right for any entity that assists them ous governmental abuse and over- ready have absolute immunity if they in that effort, no matter how unreason- reaching. The abuses that took place complied with the applicable law. They able that assistance might have been. are well documented and quite shock- have an affirmative defense if they be- On top of all this, we are considering ing. With the willing cooperation of the lieved in good faith that they were granting immunity when more than 70 telephone companies, the FBI con- complying with that law. So the retro- members of the Senate still—still— ducted surveillance of peaceful antiwar active immunity provision we are de- have not been briefed on the Presi- protesters, journalists, steel company bating here is necessary only if we dent’s wiretapping program. The ma- executives, and even Martin Luther want to extend immunity to companies jority of this body still does not even King, Jr. that did not comply with the applicable know what we are being asked to grant So Congress decided to take action. law and did not even have a good faith immunity for. Based on the history of, and potential belief that they were complying with In sum, I cannot support this legisla- for, Government abuses, Congress de- it. So much for the rule of law. tion. I appreciate that changes were cided that it was not appropriate—not Even worse, granting retroactive im- made to the Senate bill, but they are appropriate—for telephone companies munity under these circumstances will not enough. Nowhere near enough. to simply assume that any Government undermine any new laws that we pass We have other alternatives. We have request for assistance to conduct elec- regarding Government surveillance. If options. We do not have to pass this tronic surveillance was legal. Let me we want companies to follow the law in law in the midst of a presidential elec- repeat that: A primary purpose of FISA the future, it sends a terrible message, tion year, while George Bush remains was to make clear, once and for all, and sets a terrible precedent, to give President, in the worst possible polit- that the telephone companies should them a ‘‘get out of jail free’’ card for ical climate for constructive legis- not blindly cooperate with Government allegedly ignoring the law in the past. lating in this area. If the concern is requests for assistance. I find it particularly troubling when that orders issued under the PAA could At the same time, however, Congress some of my colleagues argue that we expire as early as August, we could ex- did not want to saddle telephone com- should grant immunity in order to en- tend the PAA for another 6 months, 9 panies with the responsibility of deter- courage the telephone companies to co- months, even a year. We could put a 1- mining whether the Government’s re- operate with Government in the future. year sunset on this bill, rather than

VerDate Aug 31 2005 23:46 Jun 25, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.006 S25JNPT1 jbell on PROD1PC69 with SENATE S6112 CONGRESSIONAL RECORD — SENATE June 25, 2008 having it sunset in the next Presi- wealth, their nest egg. Unfortunately, we inhibit, prevent, as much as we can, dential election year when partisan with such a high foreclosure rate, this drumbeat of foreclosures? How do politics will once again be at their many Rhode Islanders are seeing their we provide support for families who are worst. Or we could extend the effect of wealth erode as home prices fall. Thou- looking for affordable housing? How do any current PAA orders for 6 months sands more are in default because they we do it in a conscientious way and or a year. All of these options would are no longer able to refinance or sell also strengthen the regulatory struc- address any immediate national secu- their homes since their mortgages are ture that governs Fannie Mae and rity concerns. now worth more than the appraised Freddie Mac? I think we have achieved What we do not have to do and what value of their homes. that in this legislation, and now the we should not do is pass a law that will This week, the latest Case-Schiller time is to move forward. That is why I immunize illegal behavior and fun- home price index was released. Home am encouraging all of my colleagues to damentally alter our surveillance laws prices in 20 U.S. metropolitan areas in support the Housing and Economic Re- for years to come. April fell by 15.3 percent from a year covery Act of 2008. I have spent a great deal of time over earlier, signaling that the housing re- This bill includes the Federal Hous- the past year—in the Senate Intel- cession is not over. In fact, it continues ing Finance Regulatory Reform Act, ligence Committee, in the Senate Judi- unabated. which will allow us to create a world- ciary Committee, and on the Senate More foreclosures will further exac- class regulator for Fannie Mae and floor—discussing my concerns, offering erbate the overall decline in property Freddie Mac and the Federal Home amendments, and debating the possible values and have a dramatic and drastic Loan Banks, the housing government- effects of the fine print of various bills. effect on entire communities. It is sponsored enterprises. This regulator But this is not simply about fine print. clear that this vicious cycle in the will have broad, new authorities to en- In the end, my opposition to this bill mortgage and housing markets is nega- sure the safe and sound operations of comes down to this: This bill is a tragic tively impacting the entire economy. all these institutions. These powers retreat from the principles that have In addition, as a result of the credit will include establishing capital stand- governed Government conduct in this crunch in the mortgage markets, ards, setting prudential management sensitive area for 30 years. It need- Fannie Mae and Freddie Mac are now standards, enforcing orders through lessly sacrifices the protection of the the largest player in the secondary cease-and-desist authority, civil mone- privacy of innocent Americans, and it housing market. Combined, they are tary penalties and also the authority is an abdication of this body’s duty to purchasing and securitizing almost 80 to remove officers and directors, re- stand up for the rule of law. I will vote percent of the mortgage market right stricting asset growth and capital dis- no. now and almost single-handedly are tribution for those institutions which Mr. President, I yield the floor, and I keeping mortgage credit flowing are undercapitalized. It can place a suggest the absence of a quorum. throughout the country. regulated entity into receivership, and The PRESIDING OFFICER. The Fannie Mae and Freddie Mac are at a it can review and approve new product clerk will call the roll. critical juncture, and we need to make offers. All of these are the powers The assistant legislative clerk pro- sure they are well capitalized and over- which we have extended historically to ceeded to call the roll. seen by a strong and independent regu- bank regulators, and now these powers Mr. REED. Mr. President, I ask unan- lator with more bank-like regulatory are being extended to the regulator of imous consent that the order for the authorities. three of the most prominent financial quorum call be rescinded. Finally, we do not just have a credit institutions in the country, although The PRESIDING OFFICER. Without crunch and a mortgage meltdown, we their focus is on housing exclusively, objection, it is so ordered. also have a continuing and persistent or generally. Mr. REED. Mr. President, I ask unan- affordable housing crisis in this coun- This legislation expands the number imous consent to speak as in morning try. The irony is, we had an affordable of families Freddie Mac and Fannie business. housing crisis when prices were going Mae can serve by raising the loan lim- The PRESIDING OFFICER. Without up because people were being squeezed its in high-cost areas to 150 percent of objection, it is so ordered. The Senator from Rhode Island is out of rental properties. Rents were the conforming loan limit. It also sig- recognized. going up. People were being squeezed nificantly enhances the housing com- Mr. REED. Mr. President, we are at a because there was a real demand for ponent of the GSEs’ mission. critical moment. According to the upscale housing and not the same kind It includes provisions I authored that Mortgage Bankers, the rate of fore- of demand in the private market for af- will dramatically expand Fannie Mae’s closures and the percentage of loans in fordable housing. and Freddie Mac’s affordable housing the process of foreclosure are at the As the housing market declines, peo- mission by creating a new housing highest recorded level since 1979. ple are also squeezed. People lost their trust fund and capital magnet fund, fi- The delinquency rate for all mort- homes and are moving into apart- nanced by annual contributions from gage loans on one- to four-unit residen- ments. The activity to build and de- the enterprises, which will be used for tial properties stood at 6.35 percent of velop affordable housing has not picked the construction and rehabilitation of all loans outstanding at the end of the up at all. So we have the situation affordable rental housing. We expect first quarter of 2008. This is an increase where we also have to deal with afford- these programs to eventually provide of 151 basis points from 1 year ago—a able rental housing in particular. In between $500 million to $1 billion per 1.5-percent increase—which is usually the wake of the foreclosure crisis, all of year for the development of housing for significant because it translates into these factors are compounding the low-income families. These affordable thousands and thousands of Americans plight of Americans across the board. housing contributions are obtained by who are facing foreclosure. Homeowners are losing their homes, requiring Fannie Mae and Freddie Mac The percentage of loans in the fore- low-income Americans are struggling to set aside less than half a cent on closure process was 2.47 percent at the to find properties to rent, and home- each dollar of unpaid principal balance end of the first quarter, more than dou- owners have seen the value of their of the enterprises’ total new business ble what it was a year prior. housing investment—which rep- purchases. Eventually, 75 percent of In my own State of Rhode Island, 5.65 resented their plans for the future and the funds collected will be used for the percent of all loans are past due, and the future of their children—all being affordable housing trust fund and 25 2.75 percent are in foreclosure. radically rewritten as we speak be- percent will be allocated for the pay- That is a staggering statistic. Rhode cause of a decline in the price of ment of Government bonds to keep the Island has the unfortunate distinction houses. We have seen for the first time bill deficit neutral. of having the highest foreclosure rate a reversal in what had been a positive I was very pleased to have worked in New England and is fourth in the trend in home ownership. That is now out a compromise with all my col- Nation for subprime foreclosures. declining. leagues, particularly Senators DODD For many Rhode Islanders—in fact, So I think we are working hard to try and SHELBY, that would allow the the majority—their home is their to respond to all these issues. How do HOPE for Homeowners Program—the

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.010 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6113 program Senator DODD has taken the ficult economy—low- and very low-in- and new foreclosures initiated during lead in crafting which will resolve or come Americans. the same period total almost 300,000. In attempt to resolve some of these fore- The legislation requires the enter- effect, foreclosures are running six closure difficulties—to be a mandatory prises to serve a variety of underserved times ahead of loan-modification ef- program that is deficit neutral and markets, such as rural areas, manufac- forts. Looking at it another way, loan would not require any payments from tured housing, and affordable housing modifications are less than 2 percent of the Federal taxpayers because it would preservation. It improves reporting re- seriously delinquent loans and only use the proceeds from the Federal quirements for affordable housing ac- about 3 percent of foreclosures. housing fund in the first 2 years to pay tivities, including expansion of a pub- It is clear that the administration’s for this foreclosure program. I think lic-use database, and strengthens the argument that no new action is needed this program is a great way to accom- new regulator’s ability to enforce com- has been proven wrong. The OCC data plish many of the objectives we have. pliance with these housing goals. also clearly demonstrates that helping First, we do want to help people facing All of these affordable housing provi- mitigate the effects of this mortgage foreclosure, but we also do not want to sions are premised on the fact that mess cannot be left completely up to necessarily engage taxpayer funds in with Fannie and Freddie’s Government the mortgage industry and voluntary that process. This arrangement accom- benefits come many important respon- efforts. ‘‘Fuzzy math’’ and a lack of plishes those two objectives. sibilities to the public. transparency are what got us into this As many of my colleagues know, I in- As I mentioned earlier, this legisla- mess. It should not be used to try to troduced a bill in November to improve tion also contains a bill authorized by cover up the fact that there is still a the mission of the GSEs that would, in Senator DODD called the HOPE for major problem. fact, allocate all the money to afford- Homeowners Act. I wish to commend That is why Senator DODD’s HOPE able housing. The bill before us would him for his hard work in crafting these for Homeowners Program is so impor- help this affordable housing mission, provisions and also commend him for tant. It is going to enable approxi- but it would also allow, as I have said, the judicious way he has managed this mately 400,000 homeowners to refinance for the first 2 years, to allocate some of legislation. into 30-year fixed mortgage products the resources to Senator DODD’s pro- In the last several weeks, this legis- with FHA mortgage insurance. Many of posal to prevent and assist in the fore- lation has called for very critical judg- these homeowners have no other fi- closure process. ments about procedures and timing and nancing option since their homes are Once we have the foreclosure pro- substance. On every one of those occa- now worth less than their mortgage. gram up and running, then, after 2 sions, Senator DODD, working closely They are ‘‘underwater.’’ years, the resources will be devoted to with Senator SHELBY, has made some Any lender who participates in the affordable housing, with 65 percent remarkable, wise, and judicious judg- HOPE Program Senator DODD is ad- being used to create a permanent hous- ments, and I commend him for that— vancing will have to write down the ing trust fund. The housing trust fund both of them, and for their stewardship value of the mortgage to 90 percent of will be managed by the Secretary of of this legislation. the current appraised value of the Housing and Urban Development, and Now, this legislation Senator DODD is home. They will write off the loss, and it would distribute these funds to proposing, the HOPE for Homeowners then the new loan for the homeowner States via a formula. At least 75 per- Act, would create a new temporary, will have to be for 30 years at a fixed cent of the funds distributed to the voluntary program within the Federal rate and with FHA mortgage insur- States must be targeted to extremely Housing Administration to back FHA- ance. In exchange for getting a new low-income families. insured mortgages to distressed bor- loan with built-in equity, homeowners Thirty-five percent of the affordable rowers. The program is vitally impor- will have to share future appreciation housing funds will be allocated to a tant and could not come at a more im- equally with the FHA. capital magnet fund and will be used portant time. by the Secretary of the Treasury to run Two weeks ago, the OCC—the Office The intent of the legislation is to set a competitive grant program to attract of the Comptroller of the Currency— a floor on lender losses while at the private capital for and increase invest- put out a report documenting the scope same time putting families into 30-year ment in affordable housing. Applicants of the failure of the Bush administra- fixed rate mortgages that will allow for funding will need to show they can tion’s efforts to stem the mortgage cri- them to keep their homes. This legisla- leverage the funding by at least 10 to 1. sis. The administration has been rely- tion, we hope, will help stabilize the We believe this will result in the cre- ing on a voluntary industry effort housing markets in parts of the coun- ation of many more units of affordable called HOPE Now. HOPE Now has been try that need the help the most. housing than could be done otherwise. reporting that it has produced in ex- In addition, most of the provisions What we are requiring these applicants cess of 1 million loan modifications from the Foreclosure Prevention Act of to do is to enlist private capital in a through this program. They have had 2008 that passed the Senate by a vote of ratio of at least 10 to 1 to match the events to tout it in the public and the 88 to 8 on April 10 are included in this public capital and increase signifi- press. They always mention this num- legislation. This section of the bill con- cantly the scope of these programs and ber. tains the Banking Committee’s legisla- to house many more Americans. I The credibility of the HOPE Now tion to modernize, streamline, and ex- think this is a great way to incentivize numbers has been under attack for a pand the reach of the FHA mortgage and challenge private capital to come while, primarily because they are self- insurance program. into the field of affordable housing and reported numbers and because HOPE The FHA modernization section in- to put more Americans in decent, af- Now includes in its numbers ‘‘payment cludes provisions I authored that would fordable rental housing. plans,’’ which are not loan modifica- expand access to home ownership coun- The mission improvement section of tions but only delay troubled home seling, provide for technology and the bill also strengthens Fannie Mae’s borrowers. Apparently, the regulators staffing improvements at FHA, and up- and Freddie Mac’s affordable housing themselves have begun to feel a little date the FHA Home Equity Conversion goals. In particular, it would align uncomfortable, and the OCC decided to Mortgage—HECM—Program, allowing their goals regarding the purchase of do its own report with its own num- seniors to safely tap into the equity of affordable mortgages with current bers. They reported that voluntary their home for other necessary ex- Community Reinvestment Act income mortgage industry efforts have re- penses. targeting definitions and ensure that sulted in only 52,000 loan modifications The FHA loan limit is increased from these enterprises provide liquidity to out of 3 million seriously delinquent 95 percent to 110 percent of area me- both ownership and rental housing loans. dian home price, with a cap at 150 per- markets for low- and very low-income In addition to the 3 million seriously cent of the GSE limit in high-cost families. We want to make sure we tar- delinquent loans—loans over 60 days or areas, which currently will be $625,000. get these resources to those Americans in bankruptcy or foreclosure—there are This should allow families in older particularly struggling in a very dif- also 1.5 million foreclosures in process, areas of the country to access home

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.043 S25JNPT1 jbell on PROD1PC69 with SENATE S6114 CONGRESSIONAL RECORD — SENATE June 25, 2008 ownership through FHA. It also re- payments and costs associated with a The PRESIDING OFFICER. The quires a downpayment of at least 3.5 certain loan product and decide not to clerk will call the roll. percent for any FHA loan. sign on the dotted line if they do not The legislative clerk proceeded to In addition, the Foreclosure Preven- like the basic terms of the loan. call the roll. tion Act section of the bill provides I believe that giving consumers the Mr. CRAPO. Mr. President, I ask $3.92 billion in funding to communities information they need regarding the unanimous consent the order for the hardest hit by foreclosure and delin- maximum payment is absolutely crit- quorum call be rescinded. quencies to purchase foreclosed homes ical. Borrowers need to better under- The PRESIDING OFFICER. Without at a discount and rehabilitate or rede- stand the full financial impact of en- objection, it is so ordered. velop the homes to stabilize neighbor- tering into a particular loan early in Mr. LEAHY. That was going to be my hoods and stem the significant losses the process and before they actually first unanimous consent request. My in house values of neighboring homes. consummate the loan. second one would be I ask consent that It also contains $150 million in addi- There are many borrowers today who I be recognized following the remarks tional funding for housing counseling. signed up for a loan with teaser rates of the distinguished Senator from with a monthly payment they could It contains some important provi- Idaho. well afford and then were shocked 18 sions to help our returning soldiers The PRESIDING OFFICER. Without months later to get the adjusted rates avoid foreclosure by lengthening the objection, it is so ordered. that were staggering to them and were, time a lender must wait before starting The Senator from Idaho is recog- the foreclosure process and providing for many, unaffordable. Many in good faith relied on what they thought nized. the veterans—soldiers, sailors, ma- Mr. CRAPO. Mr. President, I ask rines, airmen of the current conflict— would be the initial introductory loan. I do not think they should be in that unanimous consent to speak for 10 min- with 1 year of relief from increases in utes as in morning business. mortgage interest rates. In addition, position. I think all the details, the The PRESIDING OFFICER. Without the Department of Defense is required maximum loan amount under the cur- objection, it is so ordered. to establish a counseling program to rent rate should be available upfront, ensure these veterans can access assist- not hidden in a pile, literally a foot COUNTY PAYMENTS ACT ance if facing financial difficulties. The high, of closing documents. Mr. CRAPO. Mr. President, I rise to legislation also increases the VA loan They also have to have a chance to discuss the increasingly dire need to guarantee amount, so that veterans back out of the loan, if the terms are reauthorize the Secure Rural Schools have additional home ownership oppor- not acceptable to them, before closing and Community Self-Determination tunity. the loan at the conference room table. Act of 2000. It is commonly called the I am also pleased that the bill con- I am pleased my Republican col- County Payments Act. We also need to tains a provision I authored in my bill, leagues have agreed with the need to fully fund the payment in lieu of taxes S. 2153, to amend the Truth in Lending improve mortgage disclosures also. provisions, otherwise commonly called Finally, this legislation includes Act to improve home loan disclosures. PILT funding. some important tax provisions that This provision will ensure that con- One hundred years ago, legislation should enhance and strengthen the sumers are provided with timely and was enacted to provide for the return low-income housing tax credit program meaningful disclosures in connection of a percentage of the U.S. Forest Serv- and the mortgage revenue bond pro- ice gross receipts to the States to as- with not just home purchases but also gram. It also has a refundable first- for loans that refinance a home or pro- sist counties that are home to our na- time home buyer credit of up to $8,000 tional forests with school and road vide a home equity line of credit. The to help reduce the stock of existing un- bill requires that mortgage disclosures services. The reason for this legislation occupied housing and a nonitemizer tax was that these States, where there are be provided within 3 days of applica- deduction for State and local property tion and no later than 7 days prior to very high percentages of Federal own- taxes from Federal income tax. ership of property, have a much small- closing. This should allow borrowers to It is my hope this legislation will er property tax base for their commu- shop for another mortgage if they are help more families to refinance out of nities. Particularly, many of these not satisfied with the terms. If the bad loans, help stabilize the housing terms of the loan change, the consumer market, and improve the laws and reg- rural communities exist in counties must be notified 3 days before closing ulations so this type of foreclosure cri- where most of the county—in some of the changed terms. sis never happens again. counties in Idaho over 90 percent of the If consumers apply for adjustable As a member of the Banking Com- county—is owned by the Federal Gov- rate or variable rate payment loans, mittee, I wish to particularly thank ernment. They have virtually no prop- there will now be an explicit warning Chairman DODD and Senator SHELBY erty base. Yet they have all the other on the 1-page Truth in Lending Act for including a number of bills and ini- issues that come with the land base to form that the payments will change de- tiatives that I have been working on in deal with in their counties—schools, pending on the interest rate and an es- the Housing and Economic Recovery roads, law enforcement, and the like. It timate of how those payments will Act that is before us today, and I hope was recognized that since the Federal change under the terms of the contract we are going to be able to pass this im- Government was immune from paying based on the current interest rate. The portant legislation in very short order. property taxes, the Federal Govern- bill also provides a new disclosure that The American people need a lot more ment—which was the beneficiary from informs borrowers of the maximum than the current HOPE Now program, these counties and which had such sig- monthly payments possible under their they need help now. I encourage all my nificant land holdings in these coun- loan. The bill provides the right to colleagues, we should move forward de- ties—should provide some kind of com- waive the early disclosure require- liberately—today, I hope—on this im- pensation to the counties as an alter- ments if the consumer has a bona fide portant legislation and send it to our native to property taxes, which they financial emergency that requires they colleagues in the House. would pay if they were not the Federal close the loan quickly and increases I know Chairman FRANK and his col- Government and exempt from paying the range of statutory damages for leagues have done a remarkable job on those taxes. That is where you get the TILA violations from the current $200 their side to pass legislation that is payment in lieu of taxes, or PILT pay- to $2,000 to a range of $400 to $4,000. very close to ours. Together, we should ment. The Secure Rural Schools and Finally, it requires lenders to include be able to send something to the Presi- County Self-Determination Act was a statement that the consumer is not dent that he will, I hope, sign and will something that followed up on the obligated on the mortgage loan just be- send a message to the American people PILT legislation. Without these funds, cause they received the disclosures. that hope is not just a fiction of rhet- many rural communities that neighbor This will give consumers the oppor- oric, but it is a reality—and not just national forests would be unable to tunity to truly shop around for the hope, but help is on the way. fully meet school and road needs of best mortgage terms for the first time I yield the floor and suggest the ab- local communities. In recent years, ever. They will be able to compare the sence of a quorum. however, timber receipts have eroded

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.044 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6115 to the point where the Federal obliga- mated to lose their jobs. More than 100 I continue to believe, as I did then, tion to local rural communities is not teaching positions in Idaho alone will that we must pursue every opportunity met through these receipts alone. likely be affected. It means that 600 to achieve enactment and attach an ex- To compensate for the shortfall and counties and more than 4,000 school tension to every moving legislative ve- to prevent the loss of essential county districts in 42 States will not have the hicle. The counties of the United schools and roads infrastructure, Con- funds to fully provide needed services. States which host our Federal prop- gress enacted the Secure Rural Schools It means incredible uncertainty to erties are not allowed by Federal law and Community Self-Determination rural communities, counties, and fami- to impose property tax on them for the Act. This law has provided assistance lies across the Nation during these dif- services that those properties require. to communities whose regular Forest ficult economic times. It means more This legislation honorably and fairly Service and Bureau of Land Manage- than 8,000 road miles will not be main- has met these responsibilities over the ment receipt-sharing payments have tained in Idaho alone. It means chil- years until the last few years when declined significantly. Unfortunately, dren in rural communities will have Congress has struggled so hard to find it expired at the end of 2006. While decreased access to quality education. its way through to extension and fund- funding to continue the program for To help visualize the impact on rural ing of these important needs. 2007 was thankfully included in last communities of a failure to extend the I encourage my colleagues to act year’s emergency supplemental, this program, I want to share some Idaho quickly, to act now, and to assure that funding has run out. examples that were shared with me we give the necessary priority to this I stood on the floor of this Senate al- from my constituents: Shoshone Coun- county funding to get us past this cri- most 5 months ago asking my col- ty, ID, with a population of 15,000, ex- sis. I yield the floor. leagues to make this overdue extension pects 15 school instructional staff and The PRESIDING OFFICER. The Sen- and funding a top priority or Congress. as much as 55 percent of the county’s road department employees to be af- ator from Vermont. However, this extension has still not Mr. LEAHY. Mr. President, we have been achieved, and counties and school fected. In Boise County, with a popu- lation of close to 7,000, the Road and received a request that the distin- districts that were facing job losses 5 guished senior Senator from Missouri, months ago are in an increasingly Bridge Department will have to lay off the majority of its employees—one half Mr. BOND, wishes to be recognized upon more difficult situation. People are los- to three-fourths of the employees— the conclusion of my remarks. ing their jobs and families across the within 1 year and only perform those I ask unanimous consent that Sen- Nation are being impacted. The edu- activities that are necessary to public ator BOND be recognized upon the con- cation of children across this Nation is safety. Clearwater County, with a pop- clusion of my remarks. being affected. This is unacceptable. ulation of approximately 8,000, faces The PRESIDING OFFICER. Without In April, I joined a bipartisan group the loss of more than $500,000, which objection, it is so ordered. of Senators who sent a letter to the will greatly impact public safety be- FISA Senate Appropriations Committee cause of lost services for road mainte- Mr. LEAHY. Mr. President, we have seeking the inclusion of an extension nance and law enforcement. I am told an ongoing debate on the whole ques- and funding for the Secure Rural that Boundary County, with a popu- tion of FISA, the Foreign Intelligence Schools and Self-Determination Act of lation of 11,000, will not be able to Surveillance Act. Since the beginning 2000 in the Fiscal Year 2008 Emergency blacktop roads and will have to let of this debate, I have opposed legisla- Supplemental Appropriations Act. The them deteriorate to gravel-based roads. tion that does not provide some kind of Emergency Supplemental that was We simply cannot allow this to occur accountability for the 6 years of illegal passed by the Senate last month con- in any State in this Nation. warrantless wiretapping that was tained $400 million to continue county Congress needs to demonstrate it is started and, in fact, approved by this payments for another year. This fund- serious about getting this done. Fami- administration. ing would ensure the continued assist- lies in rural communities across this The bill that has been presented to the Senate, as it stands now, absent ance for rural communities struggling Nation deserve no less. It is shameful any amendments, seems intended to re- to provide necessary services in areas that Congress may be recessing once sult in the dismissal of ongoing cases with large amounts Federal land. This again and Members will be heading against the telecommunication car- bridge funding is essential to ensure home to their home States without riers that participated in the the continuation of needed school serv- passing an extension. The word dis- warrantless wiretapping program. It ices in rural communities throughout appointing is an understatement. This would lead to the dismissal of the cases the country while work continues on a puts services in rural communities without allowing a court ever to review longer term extension. I understand across this Nation in jeopardy, and it is that unfortunately this funding was whether the program itself was legal. simply wrong. We all need to work to- So the bill would have the effect of stripped out of the supplemental in ne- gether to make this more of a priority. ensuring that this administration, the gotiations between the House and the Over the years, this has been a bipar- administration that decided to carry administration. tisan effort, and that simply must con- I remind this body that a multiple out the illegal wiretapping, is never tinue. This takes the commitment of called to answer for its actions, and year extension and funding for county all of us, including administration, never held accountable in a court of payments and PILT has the over- House and Senate leadership to get this law. I cannot support that result. whelming support of a bipartisan ma- done. It is now almost 7 years since the jority of the Senate. In fact, 74 Sen- I understand that other domestic President began an effort to cir- ators voted in favor of an amendment spending has been included in the sup- cumvent the law in violation of the to provide a mu1ti-year extension and plemental. I won’t for a second dimin- provisions of the governing statute, the funding in last year’s emergency sup- ish the need for those funds, but I must Foreign Intelligence Surveillance Act. plemental appropriations bill. How- point out that county payments are vi- I have said I believe that the conduct ever, as previously mentioned, this ex- tally important and deserve to be in- was illegal. In running its program of tension was pared back to one-year cluded in the supplemental as well. I warrantless surveillance, the adminis- funding in the version that came out of will continue to work with my col- tration relied on result-oriented legal conference and was enacted into law. leagues to press for the inclusion of opinions. These opinions were prepared Now, there is no funding and far less county payment funds. In December, in secret. They were shown only to a time. Senators CRAIG, SMITH, MURKOWSKI, tiny group of like-minded officials. What does a failure to extend the Se- MCCASKILL, DOLE, STEVENS and BEN- This ensured, of course, that the ad- cure Rural Schools and Community NETT joined me in urging the Senate ministration received not independent Self-Determination Act mean? It leadership to attach a reauthorization legal advice, but the legal advice that means the loss of more than 20,000 of county payments and PILT funding it had predetermined it wanted. county and school employee jobs across to any legislative vehicles expected to A former head of the Justice Depart- the Nation. It means nearly 7,000 be enacted before Congress concluded ment’s Office of Legal Counsel de- teachers and educational staff are esti- work for the year. scribed this program as a ‘‘legal mess.’’

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.045 S25JNPT1 jbell on PROD1PC69 with SENATE S6116 CONGRESSIONAL RECORD — SENATE June 25, 2008 And this administration wants to make that by complying it would break the even be subject to the court’s jurisdic- sure no court ever reviews this legal law. Other phone companies, according tion because I say that what I did was mess. to the public statements, apparently legal. Goodbye, Your Honor. Have a The bill presented to the Senate believed they were doing what was best nice day. I am leaving. seems designed to ensure that they are for their country. I am not out to get That is what we are doing with this going to get their wish. The adminis- them. bill. In fact, there is not even a deter- tration worked very hard to ensure In fact, I would have supported legis- mination by the current Attorney Gen- that Congress could not effectively re- lation to have the Government indem- eral that the wireless wiretapping pro- view the program or the basis for its nify the telecommunications carriers gram was lawful, perhaps because he arguments for immunity. for any liability incurred at the behest Since the existence of the program of the Government. As I said, it is not could not make such a determination. became known through the press, the a case of going after the phone compa- But all he has to do to ensure immu- Judiciary Committee has repeatedly nies; I want accountability. nity is to certify that the phone com- tried to obtain access to information I supported alternative efforts by pany acted at the behest of the admin- its members needed so we could evalu- Senator SPECTER and Senator istration and that the administration ate the administration’s legal argu- WHITEHOUSE to substitute the Govern- indicated that the activity was deter- ments, which are squarely under the ment for the defendants in these cases. mined to be lawful. jurisdiction of our committee. In other words, take the phone compa- Regardless of whether or not it actu- Indeed, Senator SPECTER, when he nies out and substitute the Govern- ally was lawful, all the Attorney Gen- was the chairman of the Judiciary ment so the cases can proceed to a de- eral has to say is that it was deter- Committee, prepared subpoenas to termination on the merits. mined to be lawful. We are not going to telecommunication carriers to obtain These alternatives would have al- tell you when that determination was this information. He wanted informa- lowed judicial review of the legality of made. We are not even going to tell tion from the telecommunications car- the administration’s acts—I think it is you whether the people who made that riers because the administration would clear that the administration’s actions determination went to law school. It is not tell us directly what it had done. were illegal—then let a court deter- lawful because the President is above But those subpoenas sought by a Re- mine who was responsible for those ac- the law; therefore, we are off the hook. publican chairman were never issued. tions. As Senator SPECTER himself has ex- This bill does not provide that ac- I believe the rule of law is important. plained publicly, Vice President CHE- countability. As I read the language of I do not believe any one of us, the 100 NEY intervened with other Republican the bill, it is designed to have the of us in this body, is above the law. I members of the Judiciary Committee courts dismiss the pending cases if the have been here with six Presidents. I do to undercut Senator SPECTER, and, of Attorney General simply certifies to not believe any one of them, Repub- course, the Vice President then suc- the court that the alleged activity was lican or Democratic Presidents, is ceeded in blocking the subpoenas. the subject of a written request from above the law. I do not believe Con- It was only just before the Intel- the Attorney General, and that request gress should try to put a President ligence and Judiciary Committees’ indicated the activity was authorized above the law and seek to take away consideration of this bill that the Judi- by the President and determined to be the only viable avenue for Americans ciary Committee members finally ob- lawful. to seek redress for harm to their pri- tained access to some of the documents In other words, if the Attorney Gen- vacy and liberty, and the only viable we had sought. I remind you, though, eral said: Well, I do not care what the avenue of accountability for the ad- that most Members of this Chamber, law says, I have determined that the ministration’s lawlessness. most Senators called upon to vote, President does not have to follow the Why should we, the United States law. If the Attorney General says, in have not seen those documents. I have Senate, the conscience of the Nation, effect, notwithstanding the rule of law seen them, and I would hope that they why should we sit here and say: We are in this country, this President is above would be made available to every Sen- going to condone lawlessness, and even ator. the law, so, therefore, nothing he does more importantly, we 100 people, act- The Senators who have seen them is illegal. These kinds of baseless legal ing on behalf of 300 million other have drawn very different conclusions. conclusions could form the basis for But no matter what conclusion you immunity under this scheme. Americans, are saying: We are never reach, you ought to get access to the That is really what this bill provides. even going to let you know who com- documents so that you can make an in- That concerns me, as it should concern mitted the unlawful acts and why. formed judgment. everybody. We should not be dismissing Now, I recognize this legislation also I will not discuss the documents that Americans’ claims that their funda- contains important surveillance au- are still held in secret, but I will talk mental rights were violated based on thority. I support this new authority. I about the public reports. There are the mere assertion of a party in inter- worked for years to craft legislation public reports that at least one tele- est that what it did was lawful. that provides that important authority communications carrier refused to Think about it: this would be like a along with appropriate protections for comply with the administration’s re- police officer catching someone com- privacy and civil liberties. I have voted quest to cooperate with the mitting a burglary and saying: I am for dozens of changes in the FISA legis- warrantless wiretapping. All Senators going to arrest you for burglary. And lation to be able to help our intel- should have had the opportunity to the burglar sitting there with a bag of ligence agencies. know those facts so they can make in- burglary tools, having broken in the In fact, the Senate Judiciary Com- door, saying: You cannot do that be- formed judgments whether there were mittee, under my leadership, reported cause I thought about this breaking legal claims that other carriers should such a bill last fall. So I commend and entering. I decided that in my case have raised. House Majority Leader HOYER and Sen- It is also clear that the Bush-Cheney it is not illegal. And then the police of- ator ROCKEFELLER, who negotiated this administration did not want the Sen- ficer has to say: Gee, I am sorry for the legislation, for incorporating several ate to evaluate the evidence and be inconvenience, sir, go on your merry additional protections to bring it clos- able to draw its own conclusions. They way. er to the bill we voted out of the Judi- wanted to avoid accountability. That is what we are saying. Or actu- Indeed, the Senate Select Committee ally, it is even worse than that. It is as ciary Committee. on Intelligence, with all of the work it if they actually arrested that burglar, I note, in particular, the requirement has done on this issue, has not con- they brought him into court, and the of an inspector general review of this ducted a review of the legality of the burglar stands up and says: Your administration’s warrantless wire- warrantless wiretapping program. Honor, I determined all by myself—dis- tapping program. It is a provision I Now, I am not here to try to get the regarding you, Your Honor; dis- have advocated at every single meeting telephone companies. According to regarding the evidence, I determined we have had, open or closed, through public reports, at least one company all by myself—that even though I was the course of the consideration of these said no, presumably because it feared involved in a burglary, I should not matters. This review will provide for a

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.026 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6117 comprehensive examination of the rel- ciary Committee. But there are several suing Government officials. That can evant facts about this program. things I would point out. go forward. That is not affected by this Actually, it should prove useful to No. 1, we have been working on this bill. There has been extensive discus- the next President. I believe we should entire issue of the President’s terrorist sion over the legality of it. For those have still more protections for privacy surveillance program for better than a who wish to have a trial on the legality and civil liberties. If this bill becomes year now. We have reviewed all of the of the program, there are other means law I will work with the next adminis- documents. We have had all of the peo- still available. To penalize a phone tration on additional protections. De- ple who administered the program, who company or other carrier which, in spite some improvements to the sur- have given opinions on it, come in. I good faith reliance on a representation veillance authorities the bill author- dispute his statement that there were 6 of the Attorney General and the Presi- izes, improvements I support, I will not years of unlawful activity of the Presi- dent of the United States, carried out a support this legislation. The adminis- dent. He said no court will be able to program that I believe is lawful to pro- tration broke the law. They violated review the illegality; no independent tect American citizens, I think is to- FISA by conducting warrantless sur- officials have reviewed it. tally unwarranted. veillance for more than 5 years, and First, it is my understanding, al- Let me describe today for my col- they got caught. Now they want us to though I was not one of them, that the leagues and for those who may be in- cover their actions. They want us to big eight at the time—that is, the Re- terested this long and difficult process say: That’s OK. Even though we don’t publican and Democratic leaders of the which I believe has finally accom- know which one of you decided to House and the Senate and the leaders plished its goal. This week we have a break the law, we are going to let you of their Intelligence Committees—were chance to tell the American people all off the hook. The apparent purpose briefed on this program before it start- that the intelligence community on of title II of this bill is to ensure that ed. I don’t know the substance of the which our citizens, our troops, and our they will not be held to account. That briefing. I would imagine that they allies rely to keep us safe from terror- is wrong. I will, therefore, oppose clo- told them the problems in the existing ists and other forms of evil in the ture on the motion to proceed to the old FISA law would make it difficult to world can continue to do its job. We measure. If the Senate proceeds to the implement that law, given the new can tell those companies that answered bill, I will then support amendments to technology which, in fact, was the their Government’s call for help in the its unaccountability provisions, includ- case. In any event, it went forward. aftermath of the September 11 terrorist ing an amendment to strike the immu- When the program was finally dis- attacks that a grateful nation stands nity provisions. But if those are not closed and briefed to the Intelligence behind them and that they will be successful, I will have to vote against Committee, I spent a good bit of time given the civil liability protection they it. reviewing that. I have studied constitu- rightly deserve. The bottom line is this: In America, tional law and made constitutional law I strongly support voting for cloture nobody should be above the law. One arguments before. I believe if my on the motion to proceed to H.R. 6304, thing unites every single Senator. We friends who have questions about it the FISA Amendments Act, this after- want to keep our great and good coun- will check the Constitution and the ap- noon. I strongly encourage my col- try safe. We all want to stop terrorists. pellate court’s interpretation of article leagues not only to do the same but We have spent hundreds of billions of II, they will find that they assume the also to oppose any amendments offered dollars to do that. We have procedures President does have power to collect to it. We have finally struck a deal to do that. But one of the principles of foreign intelligence information as an with the House, and the House honored this country and something we have al- adjunct to his responsibility to conduct the deal last Friday by allowing no ways preached to other countries is, foreign affairs. amendments on the House floor. I ask that in good times and bad times, we There is no question that Congress my colleagues to hold up our end of the follow the law. We did this during two cannot pass a law abrogating that con- bargain. While it is in every Senator’s world wars, in the Revolutionary War stitutional right. As a matter of fact, right to offer an amendment, I urge my and in the Civil War. in one of the released cases, one of the colleagues to vote down all amend- I am imploring the Senate not to cases made public by the Foreign Intel- ments no matter what they may be so turn its back on over 200 years of his- ligence Surveillance Court, or FISC, that we may send the bill immediately tory of following the law and saying, in they noted that Congress could not ab- to the President for signature and this situation, we are going to condone rogate that constitutional right. It make sure we don’t have further gaps an administration that broke the law. I would be unconstitutional. For those in our intelligence system which could cannot vote for that. I cannot in good who raise the test of the steel cases, I appear once again if we do not pass this conscience vote for that. I cannot be don’t necessarily accept that test, that in a timely fashion. If we send it back true to my own oath of office and vote the enactments of Congress can affect to the House, there is no telling when for that. Certainly, I would not want to the measure of credibility and extent a final bill could be back here for pas- tell the people of Vermont I voted for of the President’s power. The Congress sage. that. did pass the authorization for the use Let me describe briefly how we got I yield the floor. of military force prior to the imposi- here. Approximately a year ago, Direc- The ACTING PRESIDENT pro tem- tion of the terrorist surveillance pro- tor of National Intelligence ADM Mike pore. The Senator from Missouri is rec- gram. We had access to the documents. McConnell came to Congress and asked ognized. Based on review of the documents, the that we update the Foreign Intel- Mr. BOND. Mr. President, I ask unan- Senate Intelligence Committee, by a ligence Surveillance Act. Changes in imous consent that after my remarks, vote of 13 to 2, passed out the bill technology resulted in court rulings or the Senator from California, Mrs. FEIN- which is the essential framework that interpretations that made it very dif- STEIN, be recognized, and that she be is before us. ficult to use electronic surveillance ef- followed by the Senator from Georgia, The courts can review to see that fectively against terrorist enemies Mr. CHAMBLISS. there are certifications by the Attor- overseas. The problem came to a head The ACTING PRESIDENT pro tem- ney General, directives by the Presi- in May 2007, with a ruling that caused pore. Without objection, it is so or- dent, and only if they find no substan- significant gaps in collection. Al- dered. tial evidence to support that, then the though the DNI at the time pleaded to Mr. BOND. Mr. President, while my suits will be dismissed. Congress to help, the leadership of Con- good friend from Vermont was on the My friend from Vermont said we gress did not move. floor, I thought he raised some good ought to substitute the Government In the looming pressure of the Au- questions. I believe we have good an- for the phone company for judicial re- gust recess, the Republican leader, swers for those questions. I know of his view. There is another provision in the Senator MCCONNELL, and I cosponsored dedication and commitment to the rule bill he should understand. If you want the Protect America Act which Con- of law and accountability, his very dis- to sue the Government, there is no ban gress passed the first week of August tinguished service as head of the Judi- in this bill on suing the Government or last year. The act did exactly what it

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.027 S25JNPT1 jbell on PROD1PC69 with SENATE S6118 CONGRESSIONAL RECORD — SENATE June 25, 2008 was intended to. It closed the intel- that the sky was falling. For a few days some about this legislation is nothing ligence gaps that threatened the secu- the sky was falling until a tenuous short of fear mongering, such as from rity of our Nation and of our troops. agreement was worked out between the those who are saying all Americans But it was lacking in one important as- executive branch and the providers. who talk to anyone overseas will be lis- pect, as we were not able to include in But the agreement was all predicated tened to by the Government. That is it the retroactive civil liability protec- upon ongoing work to pass a FISA flat wrong. tion from ongoing frivolous lawsuits modernization law in the near term. Americans cannot be targeted with- against those partners who had as- That is another reason why it is vital out a court order, period. If someone sisted the intelligence community in the Senate move immediately to con- overseas is targeted and talks to an the President’s program. sider the FISA Amendments Act. Once American, then the American’s end of Following the passage of the Protect the House returned from the Easter re- the communication is what we call America Act, I am proud to say that cess, my good friend and fellow Missou- minimized, which means it is hidden, Senator ROCKEFELLER and I worked on rian, majority whip ROY BLUNT, and I protected, suppressed. I will elaborate a bipartisan basis to come up with a met with the House majority leader, further on this. But at this time, I sim- permanent solution to modernize FISA STENY HOYER, asking him what he ply ask my colleagues to vote for clo- and give those private partners the thought the House needed in order to ture so we may move immediately to needed retroactive liability protection. allow the Senate bill a vote on the the bill. We worked closely for months with the House floor. We and our staffs began I note some of my colleagues from DNI, Department of Justice, and their discussions and sent proposals back the Senate Intelligence Committee are experts from the intelligence commu- and forth attempting to come together. seeking recognition, and I appreciate nity to ensure there would be no unin- the work all members of the com- During that time, ROY BLUNT and I tended operational consequences from conferred repeatedly with Congressmen mittee have done. I see my colleague any of the provisions included in our from Georgia, who has been an out- HOEKSTRA and SMITH and, of course, bipartisan product. In February of this vetted our proposals with the intel- standing help, and the Senator from year, after many hearings, briefings, ligence community. California, who has offered many useful and a lot of debate on the Senate floor, Finally, after four personal meetings ideas. This has been truly a year’s long the Senate passed the FISA amend- over 2 months—and a tremendous work, and we are happy to bring the ments by a strong bipartisan vote of 68 amount of staff work—between Major- final process before the Senate today. to 29. I thank the Chair and yield the floor. ity Leader HOYER, Minority Whip The bill coming out of the Senate re- The ACTING PRESIDENT pro tem- BLUNT, and me—Whip BLUNT and I de- flected the Intelligence Committee’s pore. The Senator from California is livered a proposal to Mr. HOYER before conclusion that the electronic commu- recognized. nication service providers who assisted Memorial Day, a deadline he had set. Mrs. FEINSTEIN. Mr. President, it is This agreement was one that had the President’s TSP acted in good faith my understanding I am next in the been signed off on and fully discussed and deserved civil liability protection order. I ask unanimous consent that with Mr. HOEKSTRA, the vice chairman from frivolous lawsuits. The Senate following my presentation the Senator of the House Intelligence Committee, bill also went farther than any legisla- from Vermont be recognized on our and LAMAR SMITH, the ranking member tion in history in protecting the pri- side. I know Senator CHAMBLISS is here of the Judiciary Committee. We felt vacy interests of American citizens or on the Republican side and wishes to this was the best offer we could make U.S. persons whose communications speak. might be acquired through targeting on behalf of the Republicans in the Mr. CHAMBLISS. Mr. President, re- overseas. It also required the FISA ap- House and Senate, and it was agreed to serving the right to object, can we pro- proval to target U.S. persons overseas, by the intelligence community. pose a unanimous consent request that The Memorial Day deadline, however, if they are going to have collection ini- following Senator FEINSTEIN, I be rec- came and went, and again the House tiated against them. ognized to speak, and then Senator went on recess. Finally, after more At the end of the day, there were SANDERS will be next? many difficult compromises. Both sides interaction among our staffs, I received The ACTING PRESIDENT pro tem- gave, and we came up with a bill that word 2 weeks ago that the House pore. I believe that was the Senator’s was not only bipartisan but the best Democrats were ready to work out request. piece of effort we could get out of this final language. So Leader HOYER and Mrs. FEINSTEIN. That was the in- legislative process. Whip BLUNT and I met for a fifth time, tent. Although the Senate passed the bill this time inviting my colleague, JAY The ACTING PRESIDENT pro tem- before the Protect America Act ex- ROCKEFELLER, to join us in the final pore. Without objection, it is so or- pired, in the House there was a clear negotiations. On June 12, the Demo- dered. majority. But the leadership didn’t let cratic House leaders gave up their idea Mrs. FEINSTEIN. Thank you very it come up. They went on recess. In the of having a commission take a look at much, Mr. President. days following the expiration, private the surveillance program, which we be- Mr. President, I begin my remarks by partners refused to provide intelligence lieve would have been political, further thanking the chairman of the Intel- information, frankly, in light of the interfering with the work of the Intel- ligence Committee, Senator ROCKE- ongoing litigation, the tremendous ligence Committee and perhaps com- FELLER, and the vice chairman of the threat to their business franchise, the munity, and perhaps lead to increased Intelligence Committee, Senator BOND, fact that they and, particularly their leaks about the program. the House Speaker, and the House lead- shareholders, who may be retired per- They agreed on a longer sunset than ership for their distinguished work on sons depending on pensions and others, in previous bills. We abandoned the this piece of legislation. This has not could be losing billions of dollars in the idea that the FISA Court should be the been easy. It is certainly not without marketplace because of the size of one to assess compliance with the controversy. There are some major these outrageous lawsuits seeking bil- minimization procedures used in for- challenges to work through. lions of dollars, when, in my view, eign targeting. With the concessions I want to begin by putting my re- there was no damage and no grounds Republicans and the administration marks, at least, in context. for recovery. Fortunately, after several had already made, along with some There is no more important require- days’ negotiation, the intelligence minor technical fixes, I am proud to ment for national security than obtain- community was able to get the pro- say the intelligence community was ing accurate, actionable intelligence. viders to resume cooperation, but the given the flexibility and tools it needs At the same time, there have to be intelligence lost in that time was gone, to keep us safe. We had a compromise. strong safeguards in place to ensure and we will never know what we missed Now, I offer all that as background so that the Government does not infringe because the House leadership refused to the record is clear. That brings us on Americans’ constitutional rights. bring up the Senate bill. where we are today. Once we get on the Yet if Congress does not act and pass Some have accused me and my col- bill, I will explain what is before us, this bill, as it was passed overwhelm- leagues of saying at the time, falsely, and I will explain how statements from ingly in the House, both of these goals,

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.029 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6119 I believe, are in jeopardy. Here is why. In emergency cases, there can be a vacy outside the United States. This If this bill does not pass, our Nation short period of collection—up to 7 bill does more than Congress has ever would likely be forced to either extend days—as the application is prepared. done before to protect Americans’ pri- the Protect America Act or leave the There has been a provision for emer- vacy regardless of where they are, any- Nation bare until a new bill can be gency cases under FISA for some 30 where in the world. Under this bill, the written. Neither of these are good op- years now. So that is prior court re- executive branch will be required to tions. view for a U.S. person anywhere in the obtain a warrant any time it seeks to As I will describe, the Protect Amer- world if content is collected. direct surveillance at a U.S. person ica Act does not adequately protect Meaningful court review. This bill anywhere in the world. So any U.S. Americans’ constitutional rights. It strengthens court review. Under the person anywhere in the world is pro- was written to be a temporary measure Protect America Act, the Government tected by the requirement that a war- for 6 months, and it expired on Feb- submitted to the FISA Court its deter- rant must be received from the Foreign ruary 5. mination that procedures were in place Intelligence Surveillance Court before What many people do not understand to ensure that only people outside the electronic surveillance can begin. is that surveillance conducted under United States would be targeted. The Previously, FISA only covered people the Protect America Act will cease by court could only reject an application inside the United States. The Protect the middle of August. It will be impos- for a warrant if it found that deter- America Act did the same thing. sible to write a new bill, to get it past mination to be ‘‘clearly erroneous.’’ Now, also under this bill, there will both Houses, to have it signed by the This bill returns to the traditional be reviews of surveillance authorities President in time to meet this dead- FISA standard, empowering the court by the Director of National Intel- line. to decide whether the Government’s ligence, the Attorney General, the If that bill expires without this Con- determination is ‘‘reasonable.’’ This is heads of all relevant agencies, and the gress passing new legislation, we will a higher standard of review, so the inspectors general of all relevant agen- be unable to conduct electronic sur- court review under this bill is meaning- cies on a regular basis, and the FISA veillance on a large number of foreign ful. Court and the Congress will receive the targets. In other words, our intel- Next, minimization. These first two results of those reviews. ligence apparatus will be laid bare and improvements ensure that the Govern- So there will be regular reporting the Nation will go into greater jeop- ment will only be targeting people out- from the professionals in the arena on ardy. I truly believe that. side the country. That is good, but it is how this bill is being followed through The FISA legislation of 1978 cannot not enough. There is always the possi- on—how electronic surveillance is accommodate this number of targets. bility of someone outside the country being carried out worldwide. The Intel- It is simply inadequate for this new talking to a U.S. person inside the ligence and Judiciary Committees will task due to changes in technology and country. The bill addresses this with a receive those reports. That, too, is im- the communications industry. That is process known as minimization. portant. Also, under this bill, there will be a precisely why FISA needs to be mod- In 1978, Congress said that the Gov- ernment could do surveillance on U.S. retrospective review of the President’s ernized. Terrorist Surveillance Program. That So taking no action means we will be persons under a court warrant, but re- quired the Government to minimize is the program that has stirred the opening ourselves, in my view, to the the amount of information on those furor. The bill requires an unclassified possibility of major attack. This is un- Americans who get included in the in- report on the facts of the program, in- acceptable. cluding its limits, the legal justifica- So as I see it, our choice is a clear telligence reporting. In practice, this actually means that the National Secu- tions, and the role played by the FISA one: We either pass this legislation or rity Agency only includes information Court and any private actors involved. we extend the Protect America Act. about a U.S. person that is strictly This will provide needed account- For me, this legislation is much the necessary to convey the intelligence. ability. better option. Most of the time, the person’s name is In summary, all intelligence collec- This bill, in some respects, improves not included in the report. That is the tion under the Terrorist Surveillance even on the base bill, the 1978 Foreign minimization process. Program will be brought under court Intelligence Surveillance Act. It pro- If an American’s communication is review and court orders. vides clear protections for U.S. persons incidentally caught up in electronic Everything I have described brings both at home and abroad. It ensures surveillance while the Government is this administration back under the that the Government cannot conduct targeting someone else, minimization law. There is no more Terrorist Sur- electronic surveillance on an American protects that person’s private informa- veillance Program. There is only court- anywhere in the world without a war- tion. approved, Congressionally reviewed rant. No legislation has done that up to Now, the Protect America Act did collection. this point. not provide for court review over this But what is to keep this administra- I think the improvements in this bill minimization process at all. But this tion or any other administration from over the Protect America Act and the bill requires the court in advance to going around the law again? The an- 1978 legislation are important to under- approve the Government’s minimiza- swer is one word, and it is called exclu- stand, and I wish to list a few. tion procedures prior to commencing sivity. First, prior court review. This bill with any minimization program. That It means that the Foreign Intel- ensures that there will be no more is good. That is the third improvement. ligence Surveillance Act is the only, warrantless surveillance. Now, why do Fourth, reverse targeting. There is the exclusive, means for conducting I say this? Under the Protect America an explicit ban on reverse targeting. electronic surveillance inside the Act—which is expiring, but we are still Now, what is reverse targeting? That is United States for foreign intelligence collecting surveillance under it for the concern that the National Security purposes. now—the intelligence community was Agency could get around the warrant The exclusivity language in this bill authorized to conduct electronic sur- requirement. If the NSA wanted to get is identical in substance to the amend- veillance for a period of 4 months be- my communications but did not want ment I offered in February, which re- fore submitting an application for a to go to the FISA Court, they might ceived 57 votes in this Senate. It is sec- warrant to the FISA Court. Surveil- try to figure out who I am talking with tion 102 of this bill. lance could actually proceed for 6 and collect the content of their calls to This language reiterates what FISA months before there was a warrant. get to me. This bill says you cannot do said in 1978, and it goes further. Here is Under this bill, the Government must that. You cannot reverse target. It is what this bill says: submit an application and receive a prohibited. This was a concern with the Never again will a President be able warrant from the FISA Court before Protect America Act, and it is fixed in to say that his authority—or her au- surveillance begins. No more this bill. thority, one day, I hope—as Com- warrantless surveillance. This is, in Those are four reasons—good rea- mander in Chief can be used to violate fact, a major point. sons. Here is a fifth: U.S. person pri- a law duly enacted by Congress.

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.030 S25JNPT1 jbell on PROD1PC69 with SENATE S6120 CONGRESSIONAL RECORD — SENATE June 25, 2008 Never again can an Executive say to apply, and even if the AUMF didn’t remember what the situation was in that a law passed to do one thing—such override FISA’s procedures, he still had the 3 weeks following 9/11. as use military force against our en- the authority as Commander in Chief The companies were told the surveil- emies—also overrides a ban on to disregard the law. lance program was authorized and that warrantless surveillance. The adminis- Now, I have spoken on the floor be- it was legal, and they were prevented tration has said that the resolution to fore about how the President believes from doing their due diligence in re- authorize the use of military force gave he is above the law and the Youngs- viewing the Government’s request. In this President the right to go around town Sheet and Tube Company v. Saw- fact, very few people in these compa- FISA. yer case. In that case, Justice Jackson nies—these big telecoms—are actually Never again can the Government go described how the President’s power is cleared to receive this information and to private companies for their assist- at the ‘‘lowest ebb’’ when he is acting discuss it. So that creates a very lim- ance in conducting surveillance that in contravention to the will of the Con- ited universe of people who can do violates the law. gress. their due diligence within the confines Now, this administration has a very This bill, again, makes it clear that of a given telecommunications com- broad view of Executive authority. the will of Congress is that there will pany. Quite simply, it believes that when it be no electronic surveillance inside the For the record, let me also address comes to these matters, the President United States without a warrant, and what I have heard some of my col- is above the law. I reject that notion in it makes clear that any electronic sur- leagues say. At the beginning of the the strongest terms. veillance that is conducted outside of Terrorist Surveillance Program, only I think it is important to review the FISA or outside of another express four Senators were briefed. The Intel- recent history with this administration statutory authorization for surveil- ligence Committee was not, other than to demonstrate why FISA exclusivity lance is a criminal act. It is the Chairman and Vice Chairman. is so important. criminalized. This is the strongest I am one who believes it is right for At the very beginning of the Ter- statement of exclusivity in history. the public and the private sector to rorist Surveillance Program, John Yoo, The reason I am describing all this is support the Government at a time of at the Office of Legal Counsel, wrote in to build a case of legislative intent in need. When it is a matter of national a legal opinion that: case this is ever litigated, and I suspect security, it is all the more important. . . . [u]nless Congress made a clear state- it may well be. I think the lion’s share of the fault ment in the Foreign Intelligence Surveil- So, finally, I wish to read into the rests with the administration, not with lance Act that it sought to restrict presi- RECORD the comments on exclusivity the companies. dential authority to conduct warrantless from a June 19, 2008, letter that Attor- It was the administration who re- searches in the national security area— which it has not—then the statute must be ney General Mukasey and Director of fused to go to the FISA Court to seek construed to avoid [such] a reading. National Intelligence McConnell wrote warrants. They could have gone to the That was the argument. I believe it is to the Congress. The letter recognizes FISA Court to seek these warrants on wrong. Congress wrote FISA in 1978 that the exclusivity provision in this a program basis, and they have done so precisely in the field of national secu- bill ‘‘goes beyond the exclusive means subsequently. rity; there are other, separate laws provision that was passed as part of It was the administration who with- that govern wiretapping in the crimi- FISA [in 1978].’’ held this surveillance program from nal context. In fact, the Department of So they essentially admit we are tak- the vast majority of Members of Con- Justice has repudiated Yoo’s notion. ing exclusivity to a new high. Never- gress, and it was the administration But if the Department admitted that theless, they acknowledge that the pro- who developed the legal theories to ex- FISA did apply, it found another ex- vision in this bill ‘‘would not restrict plain why it could, in fact, go around cuse not to take the Terrorist Surveil- the authority of the government to the law. lance Program to the FISA Court. conduct necessary surveillance for in- So I am pleased this bill includes The Department of Justice developed telligence and law enforcement pur- independent reviews of the administra- a new, convoluted argument that Con- poses in a way that would harm na- tion’s actions to be conducted by the gress had authorized the President to tional security.’’ inspectors general of the relevant de- go around FISA by passing the author- I said in February I could not support partments. ization to use military force against al- a bill without exclusivity. This is what All of that said, when the legislation Qaida and the Taliban. keeps history from repeating itself and was before the Senate in February, I This is as flimsy as the last argu- another President from going outside stated my belief that immunity should ment. the law. I believe that with this lan- only be provided if the defendant com- There is nothing in the AUMF that guage we will prevent it from ever hap- panies acted legally, or if they acted in talks about electronic surveillance or pening again. good faith with a reasonable belief that FISA, and I know of not one Member Now, a comment on title II of the their actions were legal. That is what who believed we were suspending FISA bill, which is the telecom immunity the law calls for. when we authorized the President to go section. This bill also creates a legal I moved an amendment to require the to war. process that may—and, in fact, is like- court to review the written requests to But that is another argument we lay ly to—result in immunity for tele- companies to see whether they met the to rest with this bill. Here is how we do communications companies that are terms of the law. That law requires it. We say in the language in this bill alleged to have provided assistance to that a specific person send a certifi- that FISA is exclusive. Now, here is the Government. cation in writing to a telecommuni- the major part: Only a specific statu- I have spent a great deal of time re- cations company. That certification is tory grant of authority in future legis- viewing this matter. I have read the required to state that no court order is lation can provide authority to the legal opinions written by the Office of required for the surveillance, that all Chief Executive to conduct surveil- Legal Counsel at the Department of statutory requirements have been met, lance without a FISA warrant. Justice. I have read the written re- and that the assistance is required by So we go a step further in exclu- quests to telecommunications compa- the Government. sivity. We cover what Yoo was trying nies. I have spoken to officials inside Unfortunately, my amendment was to argue and what others might argue and outside the Government, including not adopted, but I continue to believe on behalf of a Chief Executive in the several meetings with the companies it is the appropriate standard. future, by closing the loophole and say- alleged to have participated in the pro- Now, the pending legislation does not ing: You need specific statutory au- gram. assess whether the request made by the thority by the Congress of the United The companies were told after 9/11 Government was, in fact, legal, nor States to go outside the law and the that their assistance was needed to whether the companies had a good- Constitution. protect against further terrorist acts. faith and objective belief that the re- The final argument the President has This actually happened within weeks of quests were legal. What this bill does made is that even if FISA was intended 9/11. I think we can all understand and provide is a limited measure of court

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.032 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6121 review. It is not as robust as my Secondly, the targets of the terrorist rarily fixed this problem, but we knew amendment would have provided, but it surveillance program were not Ameri- then we had to have a more permanent does provide an opportunity for the cans; the program targeted the commu- solution. Despite this knowledge and plaintiffs to be heard in court, and it nications of al-Qaida, that we knew— despite the hard work of the Senate In- provides an opportunity for the court not guessed but that the intelligence telligence Committee for the previous to review these request documents. community knew were used by al- 10 months, Congress failed to fix FISA I believe the court should not grant Qaida. Today, al-Qaida gets up every in February. The House leadership re- immunity without looking into the le- morning, just as they did before and fused to consider the Senate-passed gality of the companies’ actions. So if after September 11, and they think of bill, despite stated support from a ma- there is an amendment that does sup- ways to kill and harm Americans. Our jority of that body’s members. I can port this, I would intend to vote for it. intelligence community, without get- only surmise that there were political, But I believe the RECORD should be ting into the details of it, suffice it to rather than substantive, reasons that clear in noting that if this bill does be- say, has done a magnanimous job since prevented this legislation from passing come law, in my view, it does not mean then in protecting Americans. months ago. Some may say this is the the Congress has passed judgment on The fact that we have not suffered nature of one of the political branches whether any companies’ actions were another attack on domestic soil since of Government. What no one talks or were not legal. Rather, it should be then indicates the terrific job that about is the harm this has caused. interpreted as Congress recognizing the members of the intelligence commu- But, as a result of the Protect Amer- circumstances under which the compa- nity have done. The terrorist surveil- ica Act’s expiration, our collection ef- nies were acting and the reality that lance program that was implemented forts have been degraded. The public we desperately need the voluntary as- by the administration immediately likely is not aware, nor may be many sistance of the private sector to keep after September 11 is a major factor in Members of this Chamber, but the the Nation secure in the future. why we have not suffered another act members on the Senate Select Com- I believe this bill balances security of terrorism on domestic soil. Informa- mittee on Intelligence have heard regu- and privacy without sacrificing either. tion gathered from the terrorist sur- larly about the disruptions and legal It is certainly better than the Protect veillance program was used rightly to obstacles that have occurred as a re- America Act in that regard, and makes disrupt terrorist activity, both domes- sult of our inaction. The week after the improvements over the 1978 FISA law. tically as well as abroad. Some of the Protect America Act expired, the Di- As I said, if a new bill is not in place instances where the terrorist surveil- rector of National Intelligence told us by mid-August, the Nation will be laid lance program has stopped attacks and that ‘‘we have lost intelligence infor- bare and unable to collect intelligence. saved lives are very public right now. This bill provides for meaningful and mation this past week as a direct re- Again, I rise to comment on H.R. repeated court review of surveillance sult of the uncertainty created by Con- 6304. This critical legislation has been done for intelligence purposes. It ends, gress’ failure to act.’’ Gaps in our intel- the subject of many negotiations and, once and for all, the practice of ligence collection began to resurface, although the legislation is not perfect, warrantless surveillance, and it pro- and it has had a real and negative im- I am pleased with the bipartisan nature tects Americans’ constitutional rights pact on our national security. of this compromise bill. I commend Our intelligence collection relies on both at home and abroad. It provides Vice Chairman BOND, Congressman the assistance of U.S. telecommuni- the Government with the flexibility it needs under the law to protect our Na- HOYER, and Congressman BLUNT on cations carriers. These communication tion. It makes it crystal clear that this their work. providers are facing multimillion dol- I am satisfied that this legislation is the law of the land and that this law lar lawsuits for their alleged assistance will provide our intelligence agencies must be obeyed. to the Government after September 11, I yield the floor. with the legal tools necessary to per- 2001. After the expiration of the Pro- The PRESIDING OFFICER (Mr. form their jobs, the flexibility they re- tect America Act, many providers WEBB). The Senator from Georgia is quire, and the capability to protect began to delay or refuse further assist- recognized. Americans’ civil liberties. However, I ance. Losing the cooperation of just Mr. CHAMBLISS. Mr. President, I am perplexed it has taken Congress one provider could mean losing thou- ask unanimous consent that the unani- this long to adopt meaningful legisla- sands of pieces of intelligence on a mous consent agreement be amended, tion necessary to protect our country; daily basis. According to the Director and that following my comments, Sen- legislation which Congress knew, at of National Intelligence, uncertainty ator SANDERS be recognized, and that least since last August, needed to be about potential liability caused many following Senator SANDERS, Senator enacted expeditiously. Normally, Con- carriers to question whether they could HATCH be recognized. gress is accused of being guided by ex- continue to provide assistance after The PRESIDING OFFICER. Is there pediency rather than principle but not the expiration of the Protect America an objection? usually in national security matters. Act. Without objection, it is so ordered. Intelligence is bipartisan. Securing our In just 1 week after its expiration, we Mr. CHAMBLISS. Mr. President, I Nation is bipartisan. It is in every lost significant amounts of intelligence wish to speak about H.R. 6304, the For- American’s interest that Congress act forever. We will never be able to re- eign Intelligence Surveillance Act quickly to protect our Nation from ter- cover those lost communications, nor Amendments Act. rorist attack, espionage, or any other will we ever know what we missed. Before I do that, I wish to make a harm. Yet the bill before us now is sub- For this reason, it is crucial that any couple comments relative to the com- stantially the same as S. 2248, which FISA legislation include retrospective, ments made by my colleague from was drafted in a bipartisan nature by as well as prospective, immunity for California regarding the TSP or ter- Senators ROCKEFELLER and BOND and telecommunications providers who as- rorist surveillance program imple- passed the Senate over 4 months ago, sist the Government in securing our mented by the President within days on February 12, 2008, with a super- national security. Title II of this bill, after September 11, and make sure majority vote of 68 in favor and only 29 just as title II of S. 2248, provides the Americans are very clear about two in opposition. minimum protections needed for our points: First of all, Congress did know Last summer, our intelligence com- electronic service providers. In a civil about this program. Members of Con- munity officials informed us that, as a suit against a communications pro- gress were briefed throughout the dura- result of a decision by the FISA Court vider, the Government may submit a tion of this program. Members of Con- and changes in technology, they had certification that any assistance pro- gress were briefed on a regular basis. lost the ability to collect intelligence vided was pursuant to a Presidential That doesn’t mean every Member of on terrorists around the world who authorization and at the time deter- Congress but the leadership knew ex- wish to harm the United States. Con- mined to be lawful. The district courts actly what was going on, exactly what gress responded to these pleas from our may review this certification, and if it the President was doing. They were intelligence community and passed the finds that it is supported by substan- kept very informed. Protect America Act, which tempo- tial evidence, the court must dismiss

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.033 S25JNPT1 jbell on PROD1PC69 with SENATE S6122 CONGRESSIONAL RECORD — SENATE June 25, 2008 the case. This is not a commentary on, One thing that came out of the de- geting and certifications were lawful, or a court sanction of, the President’s bate on this particular aspect of the then our intelligence officials should alleged terrorist surveillance program. bill within the Intelligence Committee be allowed to review that which was It is the right thing to do. was the fact that in this situation it is collected. Unlike many countries which regu- pretty obvious that the Government It is now time for us to make more larly suppress an individual’s speech or was in a crisis situation just following permanent changes to FISA to ensure violate an individual’s right to privacy, September 11. We had just been at- we have the ability to obtain intel- a cornerstone of our democratic and tacked by terrorists. We needed the as- ligence on terrorists and our adver- free society is a limited Government— sistance of private corporations in saries. Although not a perfect bill, the one that doesn’t sanction Government America. When we asked for their as- FISA Amendments Act will fill the intrusion on an individual’s private sistance, they stepped up to the plate. gaps identified by our intelligence offi- life. The Government cannot infringe We know it is going to happen again. It cials and provide them with the tools upon an individual’s rights without due may not be a terrorist attack next and flexibility they need to collect in- process. But, in order to preserve those time; it may be some other crisis that telligence from targets overseas, while rights, Americans rely upon the Gov- is inflicted upon America. At that at the same time providing significant ernment to provide that freedom and point in time, we are going to need the safeguards for the civil liberties of security to protect them from harm, assistance of the private sector in Americans. This bill will ensure that whether it be from a criminal on the America again. If we don’t tell the pri- we do not miss opportunities to target streets or from an international ter- vate sector, in this particular case, and collect foreign terrorist commu- rorist. that we are going to protect them and nications just because our operators Under U.S. criminal law, the U.S. fre- make sure they suffer no loss as a re- had to get permission from a U.S. court quently requests the assistance of pri- sult of stepping up to help protect first. vate citizens and companies in order to Americans following September 11, Let me be clear, these amendments combat crime. These companies pro- then should we expect the private sec- to FISA would only apply to surveil- vide assistance, usually pursuant to a tor to step up next time, whatever the lance directed at individuals who are court order—but not always—to help crisis may be? The answer to that is located outside of the United States. keep Americans safe. When assistance obvious, and, in a very bipartisan way This is not meant to intercept con- is needed to combat terrorism over- within the Intelligence Committee, versations between Americans or even seas, patriotic U.S. companies step up there was general agreement that is between two terrorists who are located to the plate and help their country. At the way we should proceed. within the United States. The Govern- a minimum, these companies rely upon The only real and meaningful dif- ment still would be required to seek Government assurances that their as- ferences between this bill and the Sen- the permission of the FISA Court for sistance is lawful. When sued in a ate-passed bill are more judicial in- any surveillance done against people court, they are sometimes unable to volvement in the President’s constitu- physically located within the United supply a defense for their actions with- tional duty to conduct foreign affairs States, whether a citizen or not. out exposing Government secrets or and protect our Nation. Our intel- In fact, this legislation will provide jeopardizing Government investiga- ligence agencies will be allowed to col- new protections for U.S. citizens under tions. Instead, they rely on the Govern- lect intelligence against individuals lo- our law. Under this bill, for the first ment to come to their defense and as- cated outside the United States, with- time, a court order must be obtained to sert Government sanction. In the case out having to first seek individual conduct electronic surveillance for for- of the President’s terrorist surveillance court orders in each instance. eign intelligence purposes against an program—which despite leaks in the Rather than having to seek numer- American who is located outside the press, remains highly classified and se- ous court orders and losing time and United States. It also includes a prohi- cret—these companies are defenseless. valuable collection opportunities, this bition on reverse targeting; that is, our If the Government can show a court its legislation will require a reasonable be- intelligence agencies will not be al- assurances—still classified—that the lief that the target is outside the lowed to target an individual overseas assistance was lawful, and the court United States, so our intelligence ana- with the intent and purpose of obtain- determines upon substantial evidence lysts have the ability to assess and ing a U.S. person’s communications. that the company acted pursuant to a task new collection in real time; that I am satisfied that the FISA Amend- Presidential authorization or other is, before the bad guys get away, ments Act will close gaps in our intel- lawful means, then our American com- switch phones, and continue their plan- ligence collection as well as provide panies should not be liable. ning. Unlike the Senate-passed bill, some legal certainty to those patriotic If any constitutional or privacy vio- this legislation requires prior court re- companies that assist us. I urge my lation occurred, an aggrieved indi- view and approval of the targeting and colleagues to support this bill and give vidual may still sue the Government. minimization procedures submitted by our professional intelligence officials This bill, however, assures America’s the Attorney General, our chief law en- the confidence they need to secure our corporations that their good-faith as- forcement and legal advisor, and the Nation. sistance will not subject them to frivo- Director of National Intelligence, our Mr. President, I yield the floor. lous lawsuits from individuals who primary national security adviser. The PRESIDING OFFICER. The Sen- really are alleging a claim against the I wish to state in the record that the ator from Vermont. Government, not those who assist it. exigent circumstances provision in- Mr. SANDERS. Mr. President, I come Ordinarily, Americans should be pro- cluded in this legislation is not meant to the floor today to express my strong tected against Government intrusion, to be limited. Rather, it is a provision opposition to H.R. 6304, the FISA but it should not be at the cost of high- necessary to allow the retention of in- Amendments Act, and my opposition er phone and Internet access bills for telligence gathered in those situations to invoking cloture on the motion to customers just so these corporations where prior court approval was not proceed to this legislation. can defend themselves against frivo- practical. Let me tell you what I think this de- lous lawsuits. Under no circumstance is it accept- bate is about and what it is not about. This legislation preserves liability able for intelligence gathered under an What it is not about is whether anyone protection for Americans, and I am exigent circumstance, and later found in the Senate or the Congress is not pleased to see that our bipartisan, bi- to be acceptable by the court, to be dis- going to do everything he or she can to cameral negotiators sustained this pro- charged. Intelligence does not wait for protect the American people from an- vision. Title II of this legislation is court orders, and it must be collected other terrorist attack. It is not about largely the same as what was in the timely. The intelligence community whether we are going to be as vigorous Senate-passed bill. I commend the should not have to wait for a court as we can in hunting down terrorists. It House for passing legislation including order to continue collection against is not about whether we are going to be this provision and the Senate for now those who seek to harm America. If the vigilant in the war against terrorism. taking much-needed action. court later determines that the tar- That is what it is not about. What it is

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.034 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6123 about essentially is whether we can be rorism and protecting the civil lib- We have seen the NSA’s warrantless forceful and successful in fighting ter- erties of law-abiding Americans. In- wiretap program, which, in fact, is rorism while we protect the constitu- stead, it gives a get-out-of-jail-free what we are discussing today. tional rights that make us a free coun- card to companies that may well have We have seen the President using try. That is what this debate is about. violated the privacy and constitutional signing statements to ignore the intent I happen to believe that with strong rights of millions of innocent Ameri- of Congress’s law in an unprecedented law enforcement, with a strong and ef- cans. way. The President says: Oh, yes, I am fective judiciary, with a Congress I am proud to be a cosponsor of the going to sign this bill, but, by the way, working diligently, we can be vigorous amendment that will be offered, as I I am not going to enforce section 387; I and successful in protecting the Amer- understand it, by Senators DODD, FEIN- don’t like that section. Mr. President, ican people against terrorism and we GOLD, and LEAHY to strike title II of that is not the way the law works. If can do it in a way that does not under- the Intelligence bill which deals with you don’t like it, you have the power mine the constitutional rights which retroactive immunity. This is a very to veto. You cannot pick and choose people have fought for hundreds of important amendment, and I hope a what provisions you want. But that is, years to protect—the Constitution, majority of the Members of the Senate to a large degree, what this President which today remains one of the great- will support it. has done. est documents ever written in the his- It is important in this debate to put What we have seen in recent years is tory of humanity. the discussion of this FISA legislation a profiling of citizens engaged in con- in a broader context. The context, We hear a whole lot about the word stitutionally protected free speech and sadly, in which we must view this leg- ‘‘freedom.’’ Everybody in the Senate peaceful assembly. As I mentioned ear- islation has everything to do with the and the House is for freedom. But what lier, the right to dissent, the right to history of what this administration do we mean by freedom? What we mean protest is at the heart of what this currently in power has done since 9/11. by freedom is that we want our kids to country is about. I do not want Ameri- Sadly, what they have done is shown be able to read any book they want to cans to be worried that there is a video the people of our country and people read without worrying that the FBI is camera filming them and they will be all over the world that they really do going to come into a library or a book- not understand what the Constitution punished somewhere down the line be- store to check on what they are read- of the United States is about and, in cause they exercised their freedom of ing. We want people to be able to write fact, they do not understand, in many speech. letters to the editor critical of the We have seen data mining of personal instances, what international human President, critical of their Congress- rights agreements, such as the Geneva records. men or their Senator without worrying We have seen the Abu Ghraib prison Convention, are all about. that somebody is going to knock on So when we enter this debate, we scandal, which has embarrassed us be- their door. We want people to have the should not look at it that this is the fore the entire world. freedom to assemble, to demonstrate first time we are addressing the issue We have seen a broad interpretation without worrying that someone has a of fundamental attacks on American of congressional resolutions regarding camera on them and is taking notes civil liberties. This has been going on use of military force as justification and later on there will be retribution year after year. This is more of the for unauthorized surveillance and other because they exercised their freedom of same from an administration which be- actions. assembly and their right to dissent. lieves, to a significant degree, that We have seen extraordinary ren- That is really what the debate is they are an imperial Presidency, that ditions of detainees to countries that about. It is not whether you are for in the guise of fighting terrorism, a allow torture. All over the world, peo- protecting the American people against President has the right to do anything ple are looking at the United States of a terrorist attack. That is not what the against anybody for any reason with- America and saying: What is going on debate is. The debate is whether we, as out understanding what our Constitu- in that great Nation? We tell them to a great country, will be capable of tion is about or what our laws are be like us, to support democracy, to doing that within the context of our about. support human rights, and then we en- laws, within the context of our Con- Let me give a few examples to re- gage in torture and we pick people up stitution, and understanding that we mind my colleagues what kind of credi- and we take them to countries where are a nation of laws and not of men, re- bility, or lack thereof, this administra- they are treated in horrendous ways. gardless of who the President is. tion has in the whole area of civil lib- This is certainly one of the reasons re- Before I go into deeper concerns, I erties. spect for the United States has gone begin by recognizing the very hard Among other things, this administra- down all over this world, which is a work done by members of both the In- tion has pushed for, successfully, the tragedy unto itself but obviously telligence Committee and the Judici- passage of the original PATRIOT Act makes it harder for us to bring coun- ary Committee in the Senate and in and the PATRIOT Act reauthorization. tries together in the important fight the House. We all know these are not Under that bill, among many things, against international terrorism. issues resolved, and while I have strong an area I was involved in when I was in We have seen an administration that disagreements with the final product, I the House was a provision that says, has gotten rid of the rights of detainees know that the intentions of all the without probable cause, the FBI can go to file habeas corpus petitions—simply Members on both sides of the aisle were into a library or bookstore and find out put people away, deny them access to a honorable. the books you are reading, and if the li- lawyer, deny them the right to defend Although there have been some im- brarian or bookstore owner were to tell themselves. provements made to this bill that the anybody, that person would be in viola- We have seen political firings in the Senate passed earlier this year, includ- tion of the law. Do we want the kids of Office of the U.S. Attorney. ing having the inspector general review this country to be frightened about We have seen destruction of CIA the so-called terrorist surveillance pro- taking out a book on Osama bin Laden tapes. gram and making it clear that FISA because somebody may think they are The list goes on and on. and criminal law are the exclusive sympathetic to terrorism? I don’t So the issue we are debating today process by which the electronic surveil- think so. What freedom is about is en- has to be seen in the broader context lance can take place rather than some couraging our young people and all that for the last 7 years, there has been broad power of the President, this final Americans to investigate any area they a systematic attack on our Constitu- legislation is something I simply can- want. I don’t want the people of this tion by an administration which be- not support. country to be intimidated. That is not lieves that, in the guise of fighting ter- This legislation does not strike the what free people are about. rorism, they can do anything they right and appropriate balance between Further, under this administration, want against anybody they want with- ensuring that our intelligence commu- we have seen an illegal and expanded out getting court approval or without nity has the tools it needs to protect use of national security letters by the respecting our Constitution and the our country against international ter- FBI. rule of law.

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.036 S25JNPT1 jbell on PROD1PC69 with SENATE S6124 CONGRESSIONAL RECORD — SENATE June 25, 2008 I wish to touch on one point. I know ernization since April of 2007. That is listened to the international commu- Senator FEINGOLD, Senator LEAHY, and over 425 days ago. It is simply amazing nications of al-Qaida after 9/11? No Senator DODD have touched on this bill to me that it would take this long. As President would ever engage in this at great length. I just want to focus on I have often said, the Constitution of type of activity, except of course Presi- one issue, and that is the retroactive the United States was written in about dent Woodrow Wilson, who authorized immunity granted to the telecommuni- 115 days, and that included travel time interceptions of communications be- cations companies. on horseback for the Founding Fa- tween Europe and the United States, Why is it important that we support thers. We have spent plenty of time on and President Franklin Roosevelt, who the amendment which does away with this issue. in 1940 authorized interception of all that retroactive immunity? It is very So why is it taking so long? Should communications into and out of the simple. The argument is that the Presi- this issue be controversial? I can only United States. dent of the United States went to these surmise that the delay is due to the I guess the fourth amendment and companies and said: Look, I need your ominous sounding terrorist surveil- the media’s outrage were more flexible help in doing something, and the com- lance program. That is the program under Democratic Presidents. But let’s panies obliged. where the President had the audacity leave these situations aside and con- Then the issue is, well, why are we to allow the intelligence community to tinue to focus on the program one of punishing them, even if they broke the listen to international communica- my Democratic colleagues previously law? And the answer is pretty simple: tions where at least one person was called ‘‘one of the worst abuses of exec- It is precisely that we are a nation of suspected to be a member of al-Qaida— utive power in our history.’’ laws and not of men. If we grant them the same al-Qaida who killed nearly With all due respect to my colleague, retroactive immunity, what it says to 3,000 innocent American civilians on if listening to the international com- future Presidents is, I am the law be- September 11; the same al-Qaida who munications of al-Qaida is one of the cause I am the President, and I will tell since that day has committed attacks biggest power grabs in the country’s you what you can do. And because I in Istanbul, Algiers, Karachi, history, then our Nation has lived a tell you what to do or ask you to do Islamabad, Casablanca, London, Ma- charmed existence, worthy of envy something, that is, by definition, legal. drid, Mombasa, the Gulf of Aden, Ri- throughout the world. We should never forget the reasons Go and break into my political oppo- yadh, Tunisia, Amman, and Bali; the for the creation of this program. It is nent’s office. Don’t worry about it; I same al-Qaida whose mission state- no accident that America has not been am the President. I am saying it is for ment can be summed up in three words: attacked since September 11. Is it more national security. Those guys are bad ‘‘Death to America.’’ than luck? Did al-Qaida take a hiatus guys, just do it. I am the President, This is the group the President tar- from terrorist attacks? Given al- and that is all that matters. geted. He wanted an early warning sys- Qaida’s numerous foreign attacks dur- That is the precedent that we are set- tem to help prevent future attacks—a ing this same timeframe, I think the ting today, and I think it is a very bad terrorist smoke detector, if you will. answer is clearly no. So something precedent. Trust me, Verizon and these We often are reminded that we are must be working. Perhaps the terrorist other large telecommunications com- fighting against an unconventional surveillance program has played a role. panies, multi, multibillion-dollar com- enemy, one that has asymmetrical ad- But what about warrantless wire- panies, have a lot of lawyers. They vantages against us. Al-Qaida is not a tapping? That phrase certainly means have a lot of good lawyers. And what nation state and adheres to no treaties something illegal, right? Not really. As we know, in fact, is that some of the or principles on the conduct of war. often as that phrase is repeated, what telecommunications companies—at They wear no uniforms. They hide in does it really mean? Does warrantless least one that comes to mind—said: No, peace-loving societies and deliberately wiretapping automatically mean un- Mr. President, sorry, that is unconsti- conduct mass attacks against unarmed constitutional? That is certainly what tutional. That is illegal, I ‘‘ain’t’’ civilians. But we also have asymmet- we are led to believe by the hand- gonna do it. I applaud them for that. rical advantages. wringing blatteroons of the day. But But others said: Hey, the President is As the most technologically sophisti- this is simply not true. asking us, we are going to do it. cated Nation in history, we have huge The fourth amendment does not pro- The point is, the President is not the advantages that derive from this exper- scribe warrantless searches or surveil- law. The law is the law. The Constitu- tise. We are also—and I certainly see lance. It proscribes unreasonable tion is the law. And I don’t want to set this as an asymmetrical advantage searches or surveillance. For example, a precedent today by which any Presi- over the barbarism that is al-Qaida—a let’s look at a few of the numerous dent can tell any company or any indi- nation of laws. Finally, our surveil- warrantless searches that are per- vidual: You go out and do it; don’t lance laws are going to be modernized formed every day: Waiting for worry about it; no problem at all. That so we can continue to use our own warrantless searches at the U.S. Border is not what this country is about. technological superiority to help pre- Inspection Station. Look at that mess. So let me conclude, Mr. President, by vent future attacks against our public Look at this: Waiting for warrantless saying this is a very important issue and the public of nations that have searches at the U.S. Supreme Court. It which concerns millions and millions joined us in our fight to liquidate al- is done every day that the court is in of Americans. Bottom line, every Qaida. session, and even when it isn’t some- American, every Member of the Senate This is what the President was al- times. Waiting for warrantless searches understands we have to do every single ways intent on doing. So he initiated at the National Archives. In other thing we can to protect the American the terrorist surveillance program, and words, waiting to be searched before people from terrorist attacks. There is the administration provided appro- viewing the fourth amendment. This no debate about that. Some of us be- priate briefings to the chairs and rank- happens every day. I see that there are lieve, however, that we can be success- ing members of the Senate and House members of the public in the gallery ful in doing that while we uphold the Intelligence Committees and to the above. Every last one of them went rule of law, while we uphold the Con- leaders of both parties in both Cham- through a warrantless search just to stitution of this country, which has bers. When a new Member of Congress get into this building. made us the envy of the world and for assumed one of those positions, they So the question becomes whether a which we owe the Founders of our were given a similar briefing. warrantless search or surveillance of country and those who came after, Last year, the Senate Intelligence international communications involv- fighting to protect those civil liberties, Committee and numerous staff con- ing al-Qaida is reasonable or, to put it so much. ducted a full review of the terrorist another way, whether signals intel- Madam President, I yield the floor. surveillance program and found no ligence against a declared enemy of the The PRESIDING OFFICER (Mrs. wrongdoing. United States is reasonable. In my McCASKILL). The Senator from Utah. So why has it taken us so long to get opinion, and I think in the opinion of Mr. HATCH. Madam President, Con- here, and what is the concern that has the vast majority of our body, it cer- gress has been working on FISA mod- caused the delay; that the President tainly is.

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.037 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6125 Let’s also look at what the Foreign sions in the compromise bill so that tections for innocent Americans. Make Intelligence Surveillance Court of Re- Members may express their views. no mistake. The role of the Federal ju- view, the highest court that has con- Is this really necessary? Did the mul- diciary into the realm of foreign intel- sidered this issue, has said: tiple times the Senate has considered ligence gathering is greatly expanded The Truong court, as did all the other and rejected similar efforts mean noth- by this legislation. courts to have decided the issue, held that ing? So when we hear the incessant claims the President did have inherent authority to Look at this: The Senate has af- that this legislation lacks meaningful conduct warrantless searches to obtain for- firmed telecom civil liability protec- review, I want people to be absolutely eign intelligence information. We take for tion in six separate votes. On October crystal clear on the staggering amount granted that the President does have that 18, 2007, the Senate Intelligence Com- of oversight in this bill. authority and, assuming that is so, FISA mittee rejects the amendment to The Foreign Intelligence Surveil- could not encroach on the President’s con- strike the immunity provisions 12 to 3. stitutional power. lance Court was created by the 1978 That was bipartisan, by the way. On That is out of in re: Sealed, case 310 FISA law for solely one purpose: This November 15, 2007, the Senate Judici- is Title 50 of the U.S. Code 1803(a): ‘‘a F3d, 717, the FISA Court of Review, ary Committee rejects amendment to 2002. court which shall have jurisdiction to strike immunity provisions 12 to 7. hear applications for and grant orders While the phrase ‘‘warrantless wire- Again, bipartisan. On 12/13/07, the Sen- tapping’’ has been cited incessantly, approving electronic surveillance.’’ ate Judiciary Committee rejects stand- Let’s think about this. It is America there is another phrase mentioned alone Government substitution bill 13 in 1978. The Church Committee has nearly as often, and that is ‘‘domestic to 5. On January 24, 2008, the full Sen- published information about known spying.’’ In order to better evaluate ate tables the Judiciary’s substitute, abuses by the Government involving this phrase, let’s look at what the which does not include immunity, 60 to surveillance against American citizens. President said in a December 17, 2005, 36. On February 12, 2008, the full Senate The public wanted action. So what did radio address that described the TSP. rejects the amendment to substitute the 95th Congress do? In the weeks following the terrorist at- the Government for telecoms 68 to 30. Did it create a Court with the au- tacks on our Nation, I authorized the Na- On February 12, 2008, the full Senate thority to review and approve the in- tional Security Agency, consistent with U.S. rejects amendment to strike immunity law and the Constitution, to intercept the telligence community’s foreign tar- provisions 67 to 31. geting techniques? No. international communications of people with The last time I saw that and looked known links to al-Qaida and related terrorist Did it create a Court with the ability organizations. Before we intercept these at those numbers, those were all bipar- to review and approve the techniques communications, the government must have tisan votes. The civil liability provi- used to minimize incidental intercep- information that establishes a clear link to sion in the Senate bill, which has been tions involving Americans? No. these terrorist networks. tweaked in this compromise, is sup- Did it mandate the intelligence com- I don’t see anything in that state- ported by a bipartisan majority of the munity to get a warrant when tar- ment about domestic spying. I thought House and Senate, after all this hulla- geting United States persons overseas? the definition of the word ‘‘domestic’’ baloo. No. In addition, let us not forget the was pretty clear. If the program inter- But the 110th Congress will mandate opinions of the State attorneys general cepted communications in which at each and every one of those things by who previously wrote to Congress to least one party was overseas, not to passing this bill. express their support for civil liability mention a member of al-Qaida, then it For the first time, the FISC will re- seems fairly obvious that those calls protection. Look at all the State attorneys gen- view and approve targeting procedures were—and I will emphasize this—not eral who endorse immunity. State at- to ensure that authorized acquisitions domestic. torney general of Wisconsin, the attor- are limited to persons outside of the Is this a domestic call? A foreign ter- ney general of Rhode Island, the attor- United States. rorist calling a terrorist within the ney general of Oklahoma, the attorney For the first time, the FISC will re- United States? I hardly think so. Is general of Colorado, the attorney gen- view and approve minimization tech- this really such a hard concept? The eral of Florida, the attorney general of niques. last time I flew overseas, I didn’t fly on For the first time, the FISC will en- Alabama, the attorney general of Ar- a domestic flight. I flew on an inter- sure that the foreign targeting proce- kansas, the attorney general of Geor- national flight. My last phone bill dures are consistent with the fourth gia, the attorney general of Kansas, showed there is a big difference be- amendment. the attorney general of my beloved tween domestic calls and international So given the staggering amount of home State of Utah, the attorney gen- calls. oversight, there must be some sweep- eral of Texas, the attorney general of Domestic spying may sound catchy ing new surveillance authority that New Hampshire, the attorney general and mysterious, but it is a completely would necessitate these changes, right? of Virginia, the attorney general of inaccurate, even misleading, way to de- Wrong. North Dakota, the attorney general of scribe the TSP terrorist surveillance The ‘‘broad new surveillance author- North Carolina, the attorney general of program—or FISA modernization. Why ity’’ that we hear so much about is di- South Carolina, the attorney general of don’t we describe them as inter- rected at one thing: the Government Pennsylvania, attorney general of national spying, which is what they can target foreign citizens overseas South Dakota, attorney general of Ne- really are? Isn’t that a more accurate after the FISC reviews and approves braska, the attorney general of West description? But I imagine inter- the targeting and minimization proce- Virginia, the attorney general of Wash- national spying wouldn’t raise the dures. In layman’s terms: the Govern- ington. same level of fear and distrust in our These are all legal officers, by the ment can listen to foreign citizens Government that some on the left try way, attorneys general of those very overseas to collect foreign intelligence to foster. States. information. That doesn’t sound like So while I regret the political machi- Another complaint that has been broad sweeping authority to me. In nation that has turned this seemingly mentioned is that this bill does not fact, it is less authority than the Gov- straightforward issue on its head, I am have adequate oversight. We have ernment had before. hopeful the time for debate is finally heard allegations that: Let me enumerate some of the many over. Yet some have suggested Con- the government can still sweep up and restrictions on this authority: gress should not pass a bill modern- keep the international communications of No. 1, the Government can’t inten- izing FISA. Even after such a pro- innocent Americans in the U.S. with no con- tionally target any person known to be longed period and extensive debate on nection to suspected terrorists, with very in the U.S. the issue, they would prefer that we do few safeguards to protect against abuse of No. 2, the Government can’t inten- nothing. this power. tionally target a person outside the We are now hearing about efforts to We have heard other allegations that U.S. if the purpose is to target a known strike or amend the immunity provi- this bill does not provide adequate pro- person in the U.S.—reverse targeting.

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.047 S25JNPT1 jbell on PROD1PC69 with SENATE S6126 CONGRESSIONAL RECORD — SENATE June 25, 2008 No. 3, the Government can’t acquire ing policies at their jobs where any in- viduals studying abroad. I am not nec- domestic communications in the U.S. advertent error would result in notifi- essarily talking about institutions of No. 4, the targeting has to be con- cation to and review by Congress? higher learning like the Sorbonne, but sistent with the fourth amendment to I will suggest that the amount of rather terrorist training camps spread the Constitution. oversight in this bill should be revis- through some hostile regions of foreign And there is more: the Attorney Gen- ited in the future; not to increase it, countries. These are the type of schools eral and the Director of National Intel- but rather to mandate more realistic that our intelligence community is in- ligence have to develop and adopt and appropriate levels of review. terested in. When it comes to these guidelines to ensure compliance with The multiple oversight initiatives in students, I want to know what they are these limitations. These guidelines this legislation are not fulfilled by up to. must be submitted to Congressional In- magic. It takes a tremendous amount Here is a good illustration: Supposed telligence and Judiciary Committees of time and resources by the very ana- ‘‘Graduation’’ of Taliban Members on as well as the FISC. lysts whose primary job is to track ter- June 9, 2007. I want to know what they The Attorney General and the Direc- rorists. As great as our analysts are, are about. tor of National Intelligence shall assess they can’t be two places at once. There After addressing some of the cri- compliance with the targeting and are only so many of them, and they tiques of this bill by others, let me minimization procedures at least every don’t have unlimited resources. It is offer one of my own. This bill calls for 6 months. This assessment must be worth noting what Director of National prior court review and approval of cer- submitted to the FISC, and the Intel- Intelligence McConnell said to Con- tifications presented to the FISC be- ligence and Judiciary committees of gress last September: fore foreign intelligence collection can both chambers of Congress. Prior to the Protect America Act, we were begin. As I have consistently stated The Inspectors General of the De- devoting substantial expert resources to- throughout these FISA modernization partment of Justice and each element wards preparing applications that needed discussions, I believe this principle is of the intelligence community may re- FISA Court approval. This was an intoler- unjustified and unwise. view compliance with the targeting able situation, as substantive experts, par- ticularly IC subject matter and language ex- The idea that the executive branch of and minimization procedures. perts, were diverted from the job of ana- the Government needs the explicit ap- Finally, this bill authorizes a horde lyzing collection results and finding new proval of the judiciary branch before of inspectors general to conduct a full leads. collecting foreign intelligence informa- review of certain communications sur- The leaders of our intelligence com- tion from foreign citizens in foreign veillance activities—a review that the munity have to make wise choices countries is simply wrongheaded and is Senate Intelligence Committee has al- when allocating the time and expertise contrary to our Constitutional prin- ready conducted on a bipartisan basis of analysts, and their hands should not ciples. I don’t care if the President rep- and found nothing wrong. Vice Chair- be unnecessarily tied by Congress. Ana- resents the Democratic party, Repub- man BOND and the other negotiators lytic expertise on target is a finite re- lican party, Green party, Independent agreed to narrow the scope of this re- source; a finite resource which the pub- party, or Whig party; he shouldn’t need view so that there would be minimal or lic must understand is rendered against permission to track foreign terrorists. no operational impact on our intel- an enemy whose resources and capa- With that said, I am encouraged that ligence analysts. It should come as no bilities remain obscured to us, while its the bill includes a provision which surprise that we want intelligence ana- intent remains deadly. would allow collection before court re- lysts to focus on analysis, not spend But I guess I shouldn’t be surprised view of procedures if ‘‘exigent cir- limited time and resources digging up by the inclusion of these onerous over- cumstances’’ exist. Even with this pro- documents for redundant IG reviews. sight provisions, which no previous vision, I am troubled that one of my So for those who criticize this bill as Congress felt the need to add. How Democratic colleagues in the House lacking oversight, I wonder if any level many times have we heard claims that made the following statement last would be enough? I have no doubt that the Protect America Act would permit week about this provision: some would only be satisfied by spe- the Government to spy on innocent This is intended to be used rarely, if at all, cific individual warrants for each and American families overseas on their and was included upon assurances from the every foreign terrorist overseas. This vacations? Or innocent American sol- administration that agrees that it shall not would complete the twisted logic that diers overseas serving our country? Or be used routinely. somehow giving complete constitu- innocent students who are simply This begs the question, is tracking tional protections to foreign terrorists studying abroad? terrorists not an ‘‘exigent cir- leads to more protections for Ameri- Painting this type of picture only cumstance’’? I urge the executive cans. Do we really need to remind peo- feeds the delusions of those who wear branch to utilize this provision appro- ple that foreign citizens outside of our tin foil hats around their house and priately and as often as necessary fol- country, particularly members of ter- think that 9/11 was an inside job. lowing the informed judgment of those rorist organizations, enjoy no—none— Do we think so little of the fine men with the appropriate acumen to make no protections from our Constitution? and women of our intelligence commu- such decisions. The phrase ‘‘intel- Make no mistake about the power nity that we assume they would rather ligence * * * may be lost’’ means what the FISA Court will possess in foreign target college kids in Europe than for- it says: if the executive branch deter- intelligence gathering following pas- eign terrorists bent on nihilistic vio- mines that we may lose intelligence sage of this bill. If the Court finds any lence? while waiting for the Court to issue an deficiency in the certification sub- The absurdity of these accusations order, then the Intelligence Commu- mitted by the Attorney General or Di- cannot be understated and we should nity should do what our Nation ex- rector of National Intelligence, then not tolerate them. We should never for- pects: it should act and act quickly. the FISC can direct the Government to get that our intelligence analysts are The executive branch should not hesi- cease or not initiate the foreign tar- not political appointees. They serve re- tate to utilize this authority because of geting. In other words—our collection gardless of which President is in office, fear of reprisal from those who may would go dark. Fortunately, the Gov- or which political party is represented. seek to advance political agendas— ernment will be able to rightly begin They take an oath to defend the Con- which we have seen plenty of, and some acquisitions pending an appeal to the stitution. And rather than respect and on this floor today. Foreign Intelligence Surveillance trust their judgment and integrity, we Finally, I want to highlight the ex- Court of Review. layer oversight mechanisms that treat tensive efforts of the negotiators of This is surely an intimidating envi- them like 16-year-olds who just got this bill in both chambers. I especially ronment for our intelligence analysts. their first job and have to be want to express my appreciation and Essentially, any accident or mistake birdwatched for fear they are stealing gratitude to my friend and colleague will be highlighted to Congress. Unfor- money from the cash register. KIT BOND, the dedicated vice chairman giving is not the word. I wonder how Now I agree there are some instances of the Intelligence Committee, who many private citizens would enjoy hav- in which we may want to target indi- adeptly navigated and managed the

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.033 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6127 tense and tedious negotiations to bring Our country continues to be both the The PRESIDING OFFICER. The Sen- about the opportunity for passage of envy of the world and the target of ator from Oregon. this historic legislation, the most ex- those who seek to advance their Mr. WYDEN. Madam President, soon tensive rewrite of foreign intelligence warped, violent ideology. We know the the Senate will take up the Foreign In- surveillance laws in 30 years. threats are out there. We do not have telligence Surveillance Act. It, of As you can tell from the tone of my to live our lives in fear, but we should course, is known as FISA. FISA may remarks, I am less than pleased at acknowledge that the world changed on not be a household word to most Amer- some of the compromises made in these September 11 and we must remain vigi- icans, but a properly written FISA re- negotiations. I don’t like the expansion lant. authorization is exceptionally impor- of the judiciary branch into what I be- Let’s ensure that all of the dedicated tant to the well-being of our country lieve are activities rightly under the and noble professionals who play a part and it needs to meet a simple test: It executive’s prerogative. But I came to in ensuring our liberty and safety are must allow our country to fight ter- the Senate to achieve improvements not hampered by partisan problems rorism ferociously and still protect our for the American people, not to be an that we have the ability and responsi- individual liberty. ideologue. My entire career as a legis- bility to correct. I do not know how many Senators lator has been in recognition that com- The legislation before us makes an have traveled to the other end of Penn- promise gets more done for the public important and admirable attempt to do sylvania Avenue to personally read the than obstruction. The people of Utah just that. I hope my colleagues will legal opinions from the Department of didn’t send me to the Senate to ob- support this legislation and support Justice on the warrantless wiretapping struct business, but to get business final passage. It is overdue. It has been program that is at the center of this done. Nowhere is this more important delayed too long. We have been playing debate. Someday these opinions are than on matters where the Congress is around with this far too long. There going to become public. Someday the enjoined by our citizens to improve the have been so many unjust criticisms, I American people will see how flimsy national security. I am a pragmatist, am sick of them, to be honest with the legal reasoning is behind and I am a realist. Part of being a real- you. It is almost as though politics has warrantless wiretapping. Someday the ist, these days, is to recognize that to rear its ugly head every time we American people will see the damage there is a disturbing backlash against turn around here. A lot of it is driven that is done to our Nation when the ex- the national security policies of this by the fact that people resent the ecutive branch tries to rewrite impor- administration. Fueled by dissatisfac- President of the United States. They tant national security law in secret. tion over mistakes in Iraq, over frus- do so unjustly, without proper sense, in The warrantless wiretapping program tration that the fight there and in Af- ways that are detrimental to our coun- is not the first of this administration’s ghanistan continues into its seventh try and future presidencies that will counterterrorism programs that is year, and that Al Qaeda remains a come into office. This President has built on legal quicksand. We have seen credible and deadly threat, many peo- had very difficult problems to handle. the coercive interrogation program, ple in the majority party have gone be- I believe I am the longest serving and the detention program at Guanta- yond criticism to denunciation, to con- person on the Senate Select Committee namo. Again and again on these vital demnation and obstruction. I am hop- on Intelligence. I have been around a counterterrorism programs, the admin- ing that the general election before us long time. I have seen a lot of things. istration has overreached, it has fallen will provide the opportunity for a truly I have tried to help prior Presidents as short, and then it has come to the Con- grand debate on what we consider are I have played a role on the Intelligence gress and asked that the Congress threats, and how we believe we must Committee. I have done so, I believe, clean up these legal messes. I am espe- continue to address them. But so far without resorting to partisan attacks. cially troubled by the provisions in the debate has not been joined, and the We have had too many partisan at- this reauthorization of the FISA bill rhetoric is becoming more poisonous. I tacks around here, and I think too that grant blanket retroactive immu- have come to this floor and expressed many vicious attacks against the nity to any telecommunications com- my own criticisms of this administra- President and, I might add, against pany that participated in the tion, but I have never had reason to these unnamed, highly classified un- warrantless wiretapping program. I condemn them as operating in bad known, except by those in the intel- want to spend a few minutes to unpack faith when it came to defending this ligence community, telecom companies this issue and discuss why I think it is Nation. that patriotically helped our country such a significant mistake to reauthor- I know this President. The President to protect us, that have gone through ize the program in this fashion and to is a wonderfully good man. He has done untold expense, the deprivation and have what amounts to a blanket am- everything in his power to try to pro- harm caused by the zealousness of nesty provision for those who may tect us. He is an honest man. He has those who believe that only they can have been involved in illegal activity. had untoward criticism from the media protect the civil liberties of this coun- Many have argued that companies day in and day out. He has been delib- try, when, in fact, that is what the that were asked to participate in the erately maligned by people who should telecom companies were cooperating to warrantless wiretapping program know better. do. should be treated leniently since they Yes, this administration has made I thank all of the Intelligence Com- acted during a state of national panic mistakes, but they have not been made mittee staffers who have played such a and confusion. I have given this argu- intentionally. It is pathetic the way big role in helping this bill to come to ment a lot of thought and, frankly, I the media and many have treated this the floor. We have a very dedicated think there is a valid rationale behind President. I think we have got to go staff on the Intelligence Committee. I that thinking if you are talking about back to where we respect our President have to say that in this current Intel- a short period of time. But that is not and we show some degree of tolerance ligence Committee I have seen more what is being discussed here. The for the tough job that being President partisanship than I have seen in the warrantless wiretapping program did is. past. But, by and large, when we passed not last for a few weeks or a few It is regrettable for me that the rhet- the original bill out of the committee, months as America worried about the oric around the terrorism surveillance it was passed 13 to 2, and we worked to- prospect of another attack. It went on program has devolved too often into gether in a very good way on that com- for nearly 6 years. At some point dur- fire but no light. So while I am con- mittee. ing that nearly 6-year period, any com- cerned about some of the compromises So I thank those staffers who worked pany participating in the program had made in this bill, I am grateful for all so hard to try and help us all resolve an obligation to stop and to consider of the work done to bring it to a vote this set of difficulties. I hope every- whether what they were doing was this week. We have to have this bill to body in the Senate will vote for this legal. protect the American people. bill and send it out with resounding Others have suggested that if you do I urge my colleagues to support this victory. not give amnesty to the companies monumental and historic legislation. I yield the floor. now, it is going to be impossible to get

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.037 S25JNPT1 jbell on PROD1PC69 with SENATE S6128 CONGRESSIONAL RECORD — SENATE June 25, 2008 cooperation from other companies in tion will come out. In addition to the I would like to pass this bill when we the future in the fight against ter- constitutional issues that are at stake, have an opportunity to strike a better rorism. I do not buy that argument. there is a number of contentious mat- balance between fighting terrorism ag- Our country is full of patriotic citizens ters regarding standing, injury, a host gressively and protecting the liberties and businesses that are eager to do of very difficult legal problems in- of our citizens. their part and to serve their Nation. I volved. I think the judges in these With that, I yield the floor. will say, I think it is insulting to sug- cases will need to consider all of the The PRESIDING OFFICER. The Sen- gest that American businessmen and issues if the cases go forward. That is ator from Connecticut. women will be less patriotic if the Con- what makes the judicial process in the Mr. DODD. Madam President, before gress does not grant amnesty to the original statute so important. It is our colleague leaves the Chamber, I phone companies. People of this coun- independent. They look at all of the commend him for his statement. I had try love our Nation, and I believe they factors that are relevant. But I will say a chance to listen to part of it before step up, they come forward whenever that I did not think the Congress or I coming to the floor of the Senate. This they can. should substitute our judgment for the is a long-held view of my colleague I hope, however, that they are not judgment of the courts, and that is, in when it comes to civil liberties and the going to say: Well, okay, when the effect, what happens if the legislation rule of law. I commend him for remain- Government breaks the law we will goes forward as written and blanket ing consistent in that insistence. He is automatically step forward in those in- immunity is granted to every company absolutely correct that this is not a stances. When American businesses are that participated in the program. choice between security or liberty. In asked to participate in a program that It saddens me to have to oppose the fact, I argue, as he has, that when we looks as if it could be illegal, we all legislation as written. I do so knowing begin to retreat on the rule of law, we say, that is the time to hold on. I think that the bill contains a number of very become less secure as a people. We it is important, particularly for our important provisions and, with respect have learned that lesson painfully major businesses, to follow the law and to individual liberty and the rights of throughout history. This is the time not just the words of the President. I our people, contains some significant for us to be vigilant, both in terms of am disappointed that this legislation steps forward. I am especially grateful our security and also when it comes to includes this amnesty provision. I hope to Senators ROCKEFELLER and BOND for our rights. This is an issue that ought as colleagues continue to examine the working very closely with me to ensure not divide people based on our deter- that Americans who travel overseas bill, they understand what is at issue. mination to deal with terrorism or don’t lose their rights when they leave If the legislation passes, the Attor- those who wish to do great harm to our ney General will be able to stop any of America’s shores. That is the status country but to recognize that histori- the lawsuits against the companies today, regrettably. In this area, Sen- cally, when we have been motivated by dead in their tracks. All the Attorney ators ROCKEFELLER, BOND, myself, fear and have failed to stand up for General will have to do is tell the WHITEHOUSE, FEINGOLD, a number of us basic rights, we have made horrendous judges considering these cases that any who serve on the Senate Select Com- mistakes. When we have stood up for corporation that participated in the mittee on Intelligence worked in a con- our rights as well as insisting on our program was told by the Government structive, good-faith way with the security, we have done our job as a that what they were doing was legal. Bush administration. In this legisla- generation, as previous ones have as They will not have to actually prove it tion, we have put into law that in the well. was legal, they will not have to provide digital age, your rights are going to This is one of those moments history any evidence, they will not have to cite travel with you. You don’t lose your will look back upon. Why did we say any statutes, they will not have to rights. If you are a serviceman from that 17 phone companies that relied on make any legal arguments whatsoever. the State of Missouri or a In my view, this amounts to self-cer- businessperson from another part of a letter and not much more than that tification. Self-certification runs the country, you won’t lose your rights decided for over 5 years to invade the counter to the whole idea of the For- when you leave American soil. That is privacy of millions of Americans and eign Intelligence Surveillance Act in as it should be. It is a significant ex- would still be doing it today but for a the first place. The Foreign Intel- pansion of the individual liberties of whistleblower who revealed the pro- ligence Surveillance Act is based on our citizens. They should not give up gram? Why did they not seek the FISA the notion that the way to keep classi- their rights when they travel. They Court, as 18,748 other cases that been fied intelligence activities from intrud- ought to have rights that do travel in submitted and only 5 examples when ing on Americans’ privacy is to make a world with modern communications they were turned down seeking a war- sure there is a significant measure of and modern transportation. That pro- rant since 1978? Why in this case did independent judicial oversight. The vision is part of this reauthorization. the Bush administration decide to judges in this situation will be allowed However, I feel so strongly about the avoid that normal process and go with to examine as many documents as they ill-advised nature of the provisions a simple letter, without any legal jus- like. But, in this instance, they will that provide for blanket amnesty that tification I can determine, and get that not actually be allowed to exercise I must oppose this bill as written. I kind of reaction? Why should we not independent judgment at all. As long think when history looks back at what know that? Why should not the Amer- as they see a piece of paper, a piece of happened, the warrantless wiretapping ican people know that? What happened paper that gets held up from a few program, they are going to say that here? years ago, a Presidential permission this program, along with several other That is what the Senator is insisting slip, if you will, that claims the pro- flawed counterterrorism programs that upon. We will not know the answers to gram is legal, they will be required to have come from this administration, those questions if we, as a legislative grant immunity to the phone compa- was a mistake. We should not com- body, by a simple vote here, declare nies. Even the distinguished leader in pound those mistakes by reauthorizing that the courts have no business exam- the House, the minority whip, has ac- this legislation that contains a blanket ining the legality of this action. We knowledged that this would be a mere grant of immunity at a time when will avoid that responsibility by cast- ‘‘formality.’’ Americans understand that it is pos- ing a vote to keep this immunity proc- The concept of independent oversight sible to fight terrorism relentlessly, ess in place. I will be joining him. In that is so central to the Foreign Intel- fight terrorism ferociously without fact, I will be offering the amendment ligence Surveillance Act and that has trashing our rights and liberties simul- to strike the immunity provisions, to worked so well in practice simply, in taneously. do our job when it comes to dealing my view, should not be transformed We can do better. The Senate will with FISA, to modernizing it, but not into an approach that effectively per- have an opportunity to do better. A to grant immunity to 17 phone compa- mits the administration to self-certify number of colleagues are going to be nies. with respect to these particular cases. advocating proposals to strip the legis- Quest, to their great credit, when I want to be clear that I cannot begin lation of the amnesty provision. I hope they were given that letter, said: We to divine how various matters in litiga- those provisions will be successful. need more legal justification. They did

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.048 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6129 not engage in this program. Not all which is why I am so pleased to stand reached without a formal conference, the phone companies did. But the ones that before you today and say that we have House passed a new bill, H.R. 6304, which did bear the responsibility to deter- succeeded. contains a complete compromise of the dif- mine whether what they did was legal. The laborious process of consultation ferences on H.R. 3773. H.R. 6304 is a direct descendant of H.R. We will never know the answer to that with Members of both bodies and both 3773, as well as of the original Senate bill, S. if the Senator from Oregon and I do not parties and legal and intelligence offi- 2248, and the legislative history of those prevail on our amendment. cials in the executive branch has measures constitutes the legislative history I commend him immensely for his worked. We have produced a strong, of H.R. 6304. The section-by-section analysis statement. smart policy that will meet the needs and explanation set forth below is based on The PRESIDING OFFICER. The Sen- of our intelligence community and pro- the analysis and explanation in the report of ator from West Virginia. tect America’s cherished civil liberties. the Select Committee on Intelligence on S. Mr. ROCKEFELLER. I thank the For procedural reasons, the bill now 2248, at S. Rep. No. 110–209, pp. 12–25, as ex- Chair. before the Senate is a new bill which panded and edited to reflect the floor amend- Madam President, the Senate today— ments to S. 2248 and the negotiations that passed the House on Friday by a vote produced H.R. 6304. hopefully, tomorrow—returns to debat- of 293 to 129. You can run that out to a OVERALL ORGANIZATION OF ACT ing the matter of modernizing FISA 70-percent vote. While formally a new and, more specifically, the Foreign In- The FISA Amendments Act of 2008 (‘‘FISA bill, it is the product of compromise Amendments Act’’) contains four titles. telligence Surveillance Amendments between the FISA bills developed, de- Title I includes, in section 101, a new Title Act of 2008. After many months of care- bated, and amended in both Houses in VII of FISA entitled ‘‘Additional Procedures ful and often very difficult negotia- the course of the past year. Regarding Certain Persons Outside the tions, we bring to the Senate an agree- In the absence of a formal con- United States.’’ This new title of FISA ment that many believed could actu- ference, there is no conference report (which will sunset in four and a half years) is ally never be achieved, that is bipar- that describes this final bill. To help a successor to the Protect America Act of tisan legislation aimed at protecting fill that void, I have prepared, as man- 2007, Pub. L. 110–55 (August 5, 2007) (‘‘Protect the Nation’s security and civil lib- America Act’’), with amendments. Sections ager of the bill, a section-by-section 102 through 110 of the Act contain a number erties, supported by the House, by the analysis which builds on the analysis of amendments to FISA apart from the col- Senate, as well as both the Attorney in our earlier Senate report and in- lection issues addressed in the new Title VII General and the Director of National cludes the changes that have followed. of FISA. These include a provision reaffirm- Intelligence. I hope it will be of assistance to the ing and strengthening the requirement that The bill before us reflects the fact Senate in consideration of this final FISA is the exclusive means for electronic that FISA, as it was created in 1978, legislation as well as to the public and surveillance, important streamlining provi- has increasingly become outdated and all those who will have responsibility sions, and a change in the definitions section hindered our Nation’s ability to collect of FISA (in section 110 of the bill) to facili- to implement the bill. tate foreign intelligence collection against intelligence on foreign targets in a Accordingly, I ask unanimous con- proliferators of weapons of mass destruction. timely manner. It is the direct result sent to have printed in the RECORD the Title II establishes a new Title VIII of of changing technologies, advances in summary of the bill’s legislative his- FISA which is entitled ‘‘Protection of Per- technology, in telecommunications, tory and a description of its four titles. sons Assisting the Government.’’ This new and the need to evolve and meet to- There being no objection, the mate- title establishes a long-term procedure, in day’s threat facing our Nation; namely, rial was ordered to be printed in the new FISA section 802, for the Government to global terrorism and the proliferation RECORD, as follows: implement statutory defenses and obtain the dismissal of civil cases against persons, prin- of weapons of mass destruction. H.R. 6304, FISA AMENDMENTS ACT OF 2008 cipally electronic communication service The fact is, as telecommunications SECTION-BY-SECTION ANALYSIS AND providers, who assist elements of the intel- technology has changed, intelligence EXPLANATION ligence community in accordance with de- agencies have been presented with col- Senator John D. Rockefeller IV, Chairman of fined legal documents, namely, orders of the lection opportunities inside the United the Select Committee on Intelligence FISA Court or certifications or directives States against targets overseas. Yet, The consideration of legislation to amend provided for and defined by statute. Section because of the way FISA was written the Foreign Intelligence Surveillance Act of 802 also incorporates a procedure with pre- in 1978, they could not take full advan- 1978 (‘‘FISA’’) in the 110th Congress began cise boundaries for liability relief for elec- tage of these new opportunities. with submission by the Director of National tronic communication service providers who Finding a solution to this problem Intelligence (‘‘DNI’’) on April 12, 2007 of a are defendants in civil cases involving an in- proposed Foreign Intelligence Surveillance telligence activity authorized by the Presi- has not been easy. It was made more Modernization Act of 2007, as Title IV of the dent between September 11, 2001, and Janu- complicated by the President’s deci- Administration’s proposed Intelligence Au- ary 17, 2007. In addition, Title II provides for sion, in the aftermath of the Sep- thorization Act for Fiscal Year 2008. The the protection, by way of preemption, of the tember 11, 2001, disaster, to go com- DNI’s proposal was the subject of an open federal government’s ability to conduct in- pletely outside of the FISA rather than hearing on May 1, 2007 and subsequent closed telligence activities without interference by work with Congress to fix the situa- hearings by the Senate Select Committee on state investigations. tion. That decision was complicated Intelligence, but was not formally intro- Title III directs the Inspectors General of even further by the fact that the Presi- duced. It is available on the Committee’s the Department of Justice, the Department website: http://intelligence.senate.gov/070501/ of Defense, the Office of National Intel- dent put telecommunication companies bill.pdf. In the Senate, the original legisla- ligence, the National Security Agency, and in a precarious position by not giving tive vehicle for the consideration of FISA any other element of the intelligence com- them the legal security of the FISA amendments in the 110th Congress was S. munity that participated in the President’s Court, even when they were told their 2248. It was reported by the Select Com- Surveillance Program authorized by the efforts were legal and necessary to pre- mittee on Intelligence on October 26, 2007 (S. President between September 11, 2001, and vent another terrorist attack. Rep. No. 110–209 (2007)), and then sequentially January 17, 2007, to conduct a comprehensive Early last year, at the start of our reported by the Committee on the Judiciary review of the program. The Inspectors Gen- tenure as the new chairman and vice on November 16, 2007 (S. Rep. No. 110–258 eral are required to submit a report to the (2008)). In the House, the original legislative appropriate committees of Congress, within chairman of the Senate Intelligence vehicle was H.R. 3773. It was reported by the one year, that addresses, among other Committee, Senator BOND and I agreed Committee on the Judiciary and the Perma- things, all of the facts necessary to describe that our top priority was going to be to nent Select Committee on Intelligence on the establishment, implementation, product, modernize FISA. It had to be our top October 12, 2007 (H. Rep. No. 110–373 (Parts 1 and use of the product of the President’s priority for the year. Even then, I don’t and 2)(2007)). H.R. 3773 passed the House on Surveillance Program, including the partici- think we understood how complex and November 15, 2007. S. 2248 passed the Senate pation of individuals and entities in the pri- difficult this endeavor would be or even on February 12, 2008, and was sent to the vate sector related to the program. just how important it would be to our House as an amendment to H.R. 3773. On Title IV contains important procedures for March 14, 2008, the House returned H.R. 3773 the transition from the Protect America Act intelligence efforts and to the war to the Senate with an amendment. to the new Title VII of FISA. Section against terrorism. It is a monumental No formal conference was convened to re- 404(a)(7) directs the Attorney General and bill, and it redoes, for the first time in solve the differences between the two Houses the DNI, if they seek to replace an author- 30 years, proper handling of collection, on H.R. 3773. Instead, following an agreement ization under the Protect America Act, to

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.049 S25JNPT1 jbell on PROD1PC69 with SENATE S6130 CONGRESSIONAL RECORD — SENATE June 25, 2008 submit the certification and procedures re- visions of section 702(a): in addition to sec- tion that exigent circumstances exist be- quired in accordance with the new section tion 702(c)(2) which defines exigent cir- cause, without immediate implementation of 702 to the FISA Court at least 30 days before cumstances, section 702(i)(1)(B) provides that an authorization under section 702(a), intel- the expiration of such authorizations, to the the court shall complete its review of certifi- ligence important to the national security of extent practicable. Title IV explicitly pro- cations and procedures within 30 days (unless the United States may be lost or not timely vides for the continued effect of orders, au- extended under section 702(j)(2)); section acquired and time does not permit the thorizations, and directives issued under the 702(i)(5)(A) provides for the submission of issuance of an order pursuant to section Protect America Act, and of the provisions certifications and procedures to the FISA 702(i)(3) prior to the implementation of such pertaining to protection from liability, FISA Court at least 30 days before the expiration authorization. Section 702(c)(3) provides that court jurisdiction, the use of information ac- of authorizations that are being replaced, to the Attorney General and the DNI may make quired and Executive Branch reporting re- the extent practicable; and section such a determination before the submission quirements, past the statutory sunset of that 702(i)(5)(B) provides for the continued effec- of a certification or by amending a certifi- act. Title IV also contains provisions on the tiveness of expiring certifications and proce- cation at any time during which judicial re- continuation of authorizations, directives, dures until the court issues an order con- view of such certification is pending before and orders under Title VII that are in effect cerning their replacements. the FISA Court. at the time of the December 31, 2012 sunset, Section 105B and section 702(a) differ in Section 702(c)(4) addresses the concern, re- until their expiration within the year fol- other important respects. Section 105B au- flected in section 105A of FISA as added by lowing the sunset. thorized the acquisition of foreign intel- the Protect America Act, that the definition TITLE I. FOREIGN INTELLIGENCE ligence information ‘‘concerning’’ persons of electronic surveillance in Title I might SURVEILLANCE reasonably believed to be outside the United prevent use of the new procedures. To ad- Section 101. Targeting the Communications of States. To make clear that all collection dress this concern, section 105A redefined the Persons Outside the United States under Title VII must be targeted at persons who are reasonably believed to be outside term ‘‘electronic surveillance’’ to exclude Section 101(a) of the FISA Amendments the United States, section 702(a) eliminates ‘‘surveillance directed at a person reason- Act establishes a new Title VII of FISA. En- the word ‘‘concerning’’ and instead author- ably believed to be located outside of the titled ‘‘Additional Procedures Regarding izes ‘‘the targeting of persons reasonably be- United States.’’ This redefinition, however, Certain Persons Outside the United States,’’ lieved to be located outside the United the new title includes, with important modi- broadly exempted activities from the limita- States to collect foreign intelligence infor- fications, an authority similar to that grant- tions of FISA’s individual order require- mation.’’ ed by the Protect America Act as temporary ments. In contrast, section 702(c)(4) does not Section 702(b) establishes five related limi- sections 105A, 105B, and 105C of FISA. Those change the definition of electronic surveil- tations on the authorization in section Protect America Act provisions had been lance, but clarifies the intent of Congress to 702(a). Overall, the limitations ensure that placed within FISA’s Title I on electronic allow the targeting of foreign targets outside the new authority is not used for surveil- surveillance. Moving the amended authority the United States in accordance with section lance directed at persons within the United to a title of its own is appropriate because 702 without an application for a court order States or at United States persons. The first the authority involves not only the acquisi- under Title I of FISA. The addition of this tion of communications as they are being is a specific prohibition on using the new au- thority to target intentionally any person construction paragraph, as well as the lan- carried but also while they are stored by guage in section 702(a) that an authorization electronic communication service providers. within the United States. The second pro- vides that the authority may not be used to may occur ‘‘notwithstanding any other law,’’ Section 701. Definitions conduct ‘‘reverse targeting,’’ the intentional makes clear that nothing in Title I of FISA Section 701 incorporates into Title VII the targeting of a person reasonably believed to shall be construed to require a court order definition of nine terms that are defined in be outside the United States if the purpose of under that title for an acquisition that is Title I of FISA and used in Title VII: ‘‘agent the acquisition is to target a person reason- targeted in accordance with section 702 at a of a foreign power,’’ ‘‘Attorney General,’’ ably believed to be in the United States. If foreign person outside the United States. ‘‘contents,’’ ‘‘electronic surveillance,’’ ‘‘for- the purpose of the acquisition is to target a Section 702(d) provides, in a manner essen- eign intelligence information,’’ ‘‘foreign person reasonably believed to be in the tially identical to the Protect America Act, power,’’ ‘‘person,’’ ‘‘United States,’’ and United States, the acquisition must be con- ‘‘United States person.’’ It defines the con- ducted in accordance with other titles of for the adoption by the Attorney General, in gressional intelligence committees for the FISA. The third bars the intentional tar- consultation with the DNI, of targeting pro- purposes of Title VII. Section 701 defines the geting of a United States person reasonably cedures that are reasonably designed to en- two courts established in Title I that are as- believed to be outside the United States. In sure that collection is limited to targeting signed responsibilities under Title VII: the order to target such United States person, persons reasonably believed to be outside the Foreign Intelligence Surveillance Court acquisition must be conducted under three United States. As provided in the Protect (‘‘FISA Court’’) and the Foreign Intelligence subsequent sections of Title VII, which re- America Act, the targeting procedures are Surveillance Court of Review. Section 701 quire individual FISA court orders for subject to judicial review and approval. In also defines ‘‘intelligence community’’ as United States persons: sections 703, 704, and addition to the requirements of the Protect found in the National Security Act of 1947. 705. The fourth limitation goes beyond tar- America Act, however, section 702(d) pro- Finally, section 701 defines a term, not pre- geting (the object of the first three limita- vides that the targeting procedures also viously defined in FISA, which has an impor- tions) and prohibits the intentional acquisi- must be reasonably designed to prevent the tant role in setting the parameters of Title tion of any communication as to which the intentional acquisition of any communica- VII: ‘‘electronic communication service pro- sender and all intended recipients are known tion as to which the sender and all intended vider.’’ This definition is connected to the at the time of the acquisition to be located recipients are known at the time of the ac- objective that the acquisition of foreign in- in the United States. The fifth is an over- quisition to be located in the United States. telligence pursuant to this title is meant to arching mandate that an acquisition author- encompass the acquisition of stored elec- Section 702(d)(2) subjects these targeting ized in section 702(a) shall be conducted in a procedures to judicial review and approval. tronic communications and related data. manner consistent with the Fourth Amend- Section 702. Procedures for Targeting Certain ment to the U.S. Constitution, which pro- Section 702(e) provides that the Attorney Persons Outside the United States Other vides for ‘‘the right of the people to be secure General, in consultation with the DNI, shall than United States Persons in their persons, houses, papers, and effects, adopt, for acquisitions authorized by section Section 702(a) sets forth the basic author- against unreasonable searches and seizures.’’ 702(a), minimization procedures that are con- ization in Title VII, replacing section 105B of Section 702(c) governs the conduct of ac- sistent with section 101(h) or 301(4) of FISA, FISA, as added by the Protect America Act. quisitions. Pursuant to section 702(c)(1), ac- which establish FISA’s minimization re- Unlike the Protect America Act, the collec- quisitions authorized under section 702(a) quirements for electronic surveillance and tion authority in section 702(a) is to be con- may be conducted only in accordance with physical searches. Section 702(e)(2) provides ducted pursuant to the issuance of an order targeting and minimization procedures ap- that the minimization procedures, which are of the FISA Court, or pursuant to a deter- proved at least annually by the FISA Court essential to the protection of United States mination of the Attorney General and the and a certification of the Attorney General citizens and permanent residents, shall be DNI, acting jointly, that exigent cir- and the DNI, upon its submission in accord- subject to judicial review and approval. This cumstances exist, as defined in section ance with section 702(g). Section 702(c)(2) de- corrects an omission in the Protect America 702(c)(2), subject to subsequent and expedi- scribes the ‘‘exigent circumstances’’ in Act which had not provided for judicial re- tious action by the FISA Court. Authoriza- which the Attorney General and Director of view of the adherence of minimization proce- tions must contain an effective date, and National Intelligence may authorize tar- dures to statutory requirements. may be valid for a period of up to one year geting for a limited time without a prior from that date. court order for purposes of subsection (a). Section 702(f) provides that the Attorney Subsequent provisions of the Act imple- Section 702(c)(2) provides that the Attorney General, in consultation with the DNI, shall ment the prior order and effective date pro- General and the DNI may make a determina- adopt guidelines to ensure compliance with

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.020 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6131 the limitations in section 702(b), including quired to identify the specific facilities, banc of an order requiring the correction of the prohibitions on the acquisition of purely places, premises, or property at which the deficiencies. If the Government appeals to domestic communications, on targeting per- acquisition under section 702(a) will be di- the Foreign Intelligence Surveillance Court sons within the United States, on targeting rected or conducted. The certification shall of Review, any collection that has begun United States persons located outside the be subject to review by the FISA Court. may continue at least until that court enters United States, and on reverse targeting. Section 702(h) authorizes the Attorney an order, not later than 60 days after filing of Such guidelines shall also ensure that an ap- General and the DNI to direct, in writing, an the petition for review, which determines plication for a court order is filed as required electronic communication service provider whether all or any part of the correction by FISA. It is intended that these guidelines to furnish the Government with all informa- order shall be implemented during the ap- will be used for training intelligence commu- tion, facilities, or assistance necessary to ac- peal nity personnel so that there are clear re- complish the acquisition authorized under Section 702(j)(1) provides that judicial pro- quirements and procedures governing the ap- subsection 702(a). It requires compensation ceedings are to be conducted as expedi- propriate implementation of the authority for this assistance and provides that no tiously as possible. Section 702(j)(2) provides under this title of FISA. The Attorney Gen- cause of action shall lie in any court against that the time limits for judicial review in eral is to provide these guidelines to the con- an electronic communication service pro- section 702 (for judicial review of certifi- gressional intelligence committees, the judi- vider for its assistance in accordance with a cations and procedures or in challenges or ciary committees of the House of Represent- directive. Section 702(h) also establishes ex- enforcement proceedings concerning direc- atives and the Senate, and the FISA Court. pedited procedures in the FISA Court for a tives) shall apply unless extended, by written Subsequent provisions implement the guide- provider to challenge the legality of a direc- order, as necessary for good cause in a man- lines requirement. See section tive or the Government to enforce it. In ei- ner consistent with national security. 702(g)(2)(A)(iii)(certification requirements); ther case, the question for the court is Section 702(k) requires that records of pro- section 702(l)(1) and 702(l)(2) (assessment of whether the directive meets the require- ceedings under section 702 shall be main- compliance with guidelines); and section ments of section 702 and is otherwise lawful. tained by the FISA Court under security 707(b)(1)(G)(ii) (reporting on noncompliance Whether the proceeding begins as a provider measures adopted by the Chief Justice in with guidelines). challenge or a Government enforcement pe- consultation with the Attorney General and Section 702(g) requires that the Attorney tition, if the court upholds the directive as the DNI. In addition, all petitions are to be General and the DNI provide to the FISA issued or modified, the court shall order the filed under seal and the FISA Court, upon Court, prior to implementation of an author- provider to comply. Failure to comply may the request of the Government, shall con- ization under subsection (a), a written cer- be punished as a contempt of court. The pro- sider ex parte and in camera any Govern- ment submission or portions of a submission tification, with any supporting affidavits. In ceedings shall be expedited and decided with- that may include classified information. The exigent circumstances, the Attorney General in 30 days, unless that time is extended Attorney General and the DNI are to retain and DNI may make a determination that, under section 702(j)(2). directives made or orders granted for not without immediate implementation, intel- Section 702(i) provides for judicial review less than 10 years. ligence important to the national security of any certification required by section Section 702(l) provides for oversight of the will be lost or not timely acquired prior to 702(g) and the targeting and minimization implementation of Title VII. It has three the implementation of an authorization. In procedures adopted pursuant to sections parts. First, the Attorney General and the exigent circumstances, if time does not per- 702(d) and 702(e). In accordance with section DNI shall assess semiannually under sub- mit the submission of a certification prior to 702(i)(5), if the Attorney General and the DNI section (l)(1) compliance with the targeting the implementation of an authorization, the seek to reauthorize or replace an authoriza- and minimization procedures, and the Attor- certification must be submitted to the FISA tion in effect under the Act, they shall sub- ney General guidelines for compliance with Court no later than seven days after the de- mit, to the extent practicable, the certifi- limitations under section 702(b), and submit termination is made. This seven-day time cation and procedures at least 30 days prior the assessment to the FISA Court and to the period for submission of a certification in to the expiration of such authorization. congressional intelligence and judiciary the case of exigent circumstances is iden- The court shall review certifications to de- committees, consistent with congressional tical to the time period by which the Attor- termine whether they contain all the re- rules. ney General must apply for a court order quired elements. It shall review targeting Second, under subsection (l)(2)(A), the In- after authorizing an emergency surveillance procedures to assess whether they are rea- spector General of the Department of Justice under other provisions of FISA, as amended sonably designed to ensure that the acquisi- and the inspector general (‘‘IG’’) of any in- by this Act. tion activity is limited to the targeting of telligence community element authorized to Section 702(g)(2) sets forth the require- persons reasonably believed to be located acquire foreign intelligence under section ments that must be contained in the written outside the United States and prevent the in- 702(a) are authorized to review compliance of certification. These elements include: that tentional acquisition of any communication their agency or element with the targeting the targeting and minimization procedures whose sender and intended recipients are and minimization procedures adopted in ac- have been approved by the FISA Court or known to be located in the United States. cordance with subsections (d) and (e) and the will be submitted to the court with the cer- The Protect America Act had limited the re- guidelines adopted in accordance with sub- tification; that guidelines have been adopted view of targeting procedures to a ‘‘clearly er- section (f). Subsections (l)(2)(B) and (l)(2)(C) to ensure compliance with the limitations of roneous’’ standard; section 702(i) omits that mandate several statistics that the IGs shall subsection (b) have been adopted; that those limitation. For minimization procedures, review with respect to United States per- procedures and guidelines are consistent section 702(i) provides that the court shall sons, including the number of disseminated with the Fourth Amendment; that the acqui- review them to assess whether they meet the intelligence reports that contain references sition is targeted at persons reasonably be- statutory requirements. The court is to re- to particular U.S. persons, the number of lieved to be outside the United States; that view the certifications and procedures and U.S. persons whose identities were dissemi- a significant purpose of the acquisition is to issue its order within 30 days after they were nated in response to particular requests, and obtain foreign intelligence information; and submitted unless that time is extended under the number of targets later determined to be an effective date for the authorization that section 702(j)(2). The Attorney General and located in the United States. Their reports in most cases is at least 30 days after the the DNI may also amend the certification or shall be submitted to the Attorney General, submission of the written certification. Ad- procedures at any time under section the DNI, and the appropriate congressional ditionally, as an overall limitation on the 702(i)(1)(C), but those amended certifications committees. Section 702(l)(2) provides no method of acquisition. permitted under sec- or procedures must be submitted to the statutory schedule for the completion of tion 702, the certification must attest that court in no more than 7 days after amend- these IG reviews; the IGs should coordinate the acquisition involves obtaining foreign in- ment. The amended procedures may be used with the heads of their agencies about the telligence information from or with the as- pending the court’s review. timing for completion of the IG reviews so sistance of an electronic communication If the FISA Court finds that the certifi- that they are done at a time that would be service provider. cation contains all the required elements useful for the agency heads to complete their Requiring an effective date in the certifi- and that the targeting and minimization semiannual reviews. cation serves to identify the beginning of the procedures are consistent with the require- Third, under subsection (l)(3), the head of period of authorization (which is likely to be ments of subsections (d) and (e) and with the an intelligence community element that a year) for collection and to alert the FISA Fourth Amendment, the court shall enter an conducts an acquisition under section 702 Court of when the Attorney General and DNI order approving their use or continued use shall review annually whether there is rea- are seeking to begin collection. Section for the acquisition authorized by section son to believe that foreign intelligence infor- 702(g)(3) permits the Attorney General and 702(a). If it does not so find, the court shall mation has been or will be obtained from the DNI to change the effective date in the cer- order the Government, at its election, to cor- acquisition and provide an accounting of in- tification by amending the certification. rect any deficiencies or cease, or not begin, formation pertaining to United States per- As with the Protect America Act, the cer- the acquisition. If acquisitions have begun, sons similar to that included in the IG re- tification under section 702(g)(4) is not re- they may continue during any rehearing en port. Subsection (l)(3) also encourages the

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.022 S25JNPT1 jbell on PROD1PC69 with SENATE S6132 CONGRESSIONAL RECORD — SENATE June 25, 2008 head of the element to develop procedures to sonable expectation of privacy and a warrant applied to a Title VII acquisition. Section assess the extent to which the new authority would be required if the acquisition occurred 706(b) also provides that information ac- acquires the communications of U.S. per- within the United States. It thus covers not quired from an acquisition conducted under sons, and to report the results of such assess- only communications intelligence, but, if it section 703 shall be deemed to be information ment. The review is to be used by the head of were to occur, the physical search of a home, acquired from an electronic surveillance pur- the element to evaluate the adequacy of office, or business of a United States person suant to Title I of FISA for the purposes of minimization procedures. The annual review by an element of the United States intel- section 106 of FISA; however, the notice pro- is to be submitted to the FISA Court, the At- ligence community, outside of the United vision of subsection (j) applies. Section 706 torney General and the DNI, and to the ap- States. ensures that a uniform standard for the propriate congressional committees. Pursuant to section 704(a)(3), if the tar- types of information is acquired under the Section 703. Certain Acquisition Inside the geted United States person is reasonably be- new title. United States Targeting United States Per- lieved to be in the United States while an Section 707. Congressional Oversight sons Outside the United States order under section 704 is in effect, the acqui- sition against that person shall cease unless Section 707 provides for additional congres- Section 703 governs the targeting of United sional oversight of the implementation of States persons who are reasonably believed authority is obtained under another applica- ble provision of FISA. Likewise, the Govern- Title VII. The Attorney General is to fully to be outside the United States when the ac- inform ‘‘in a manner consistent with na- quisition of foreign intelligence is conducted ment may not use section 704 to authorize an acquisition of foreign intelligence inside the tional security’’ the congressional intel- inside the United States. The authority and ligence and judiciary committees about im- procedures of section 703 apply when the ac- United States. Section 704(b) describes the application to plementation of the Act at least semiannu- quisition either constitutes electronic sur- the FISA Court that is required. For an ally. Each report is to include any certifi- veillance, as defined in Title I of FISA, or is order under section 704(c), the FISA Court cations made under section 702, the reasons of stored electronic communications or must determine that there is probable cause for any determinations made under section stored electronic data. If the United States to believe that the United States person who 702(c)(2), any directives issued during the re- person returns to the United States, acquisi- is the target of the acquisition is reasonably porting period, a description of the judicial tion under section 703 must cease. The Gov- believed to be located outside the United review during the reporting period to include ernment may always, however, obtain an States and is a foreign power, or an agent, a copy of any order or pleading that contains order or authorization under another title of officer or employee of a foreign power. An a significant legal interpretation of section FISA. order is valid for a period not to exceed 90 702, incidents of noncompliance and proce- The application procedures and provisions dures to implement the section. With respect for a FISA Court order in sections 703(b) and days, and may be renewed for additional 90- day periods upon submission of renewal ap- to sections 703 and 704, the report must con- 703(c) are drawn from Titles I and III of tain the number of applications made for or- FISA. Key among them is the requirement plications meeting application requirements. Because an acquisition under section 704 is ders under each section and the number of that the FISA Court determine that there is conducted outside the United States, or is such orders granted, modified and denied, as probable cause to believe that, for the United otherwise not covered by FISA, the FISA well as the number of emergency authoriza- States person who is the target of the sur- Court is expressly not given jurisdiction to tions made pursuant to each section and the veillance, the person is reasonably believed review the means by which an acquisition subsequent orders approving or denying the to be located outside the United States and under this section may be conducted. Al- relevant application. In keeping the congres- is a foreign power or an agent, officer or em- though the FISA Court’s review is limited to sional intelligence committees fully in- ployee of a foreign power. The inclusion of determinations of probable cause, section 704 formed, the Attorney General should provide United States persons who are officers or anticipates that any acquisition conducted no less information than has been provided employees of a foreign power, as well as pursuant to a section 704 order will in all in the past in keeping the committees fully those who are agents of a foreign power as other respects be conducted in compliance and currently informed. that term is used in FISA, is intended to per- with relevant regulations and Executive Or- Section 708. Savings Provision mit the type of collection against United ders governing the acquisition of foreign in- States persons outside the United States Section 708 provides that nothing in Title telligence outside the United States, includ- that has been allowed under existing Execu- VII shall be construed to limit the authority ing Executive Order 12333 or any successor tive Branch guidelines. The FISA Court shall of the Government to seek an order or au- order. also review and approve minimization proce- thorization under, or otherwise engage in dures that will be applicable to the acquisi- Section 705. Joint Applications and Concurrent any activity that is authorized under, any tion, and shall order compliance with such Authorizations other title of FISA. This language is de- procedures. Section 705 provides that if an acquisition signed to ensure that Title VII cannot be in- As with FISA orders against persons in the targeting a United States person under sec- terpreted to prevent the Government from United States, FISA orders against United tion 703 or 704 is proposed to be conducted submitting applications and seeking orders States persons outside of the United States both inside and outside the United States, a under other titles of FISA. under section 703 may not exceed 90 days and judge of the FISA Court may issue simulta- Section 101(b). Table of Contents may be renewed for additional 90–day periods neously, upon the request of the Government Section 101(b) of the bill amends the table upon the submission of renewal applications. in a joint application meeting the require- of contents in the first section of FISA. Emergency authorizations under section 703 ments of sections 703 and 704, orders under Subsection 101(c). Technical and Conforming are consistent with the requirements for both sections as appropriate. If an order au- Amendments emergency authorizations in FISA against thorizing electronic surveillance or physical persons in the United States, as amended by search has been obtained under section 105 or Section 101(c) of the bill provides for tech- this Act; the Attorney General may author- section 304, and that order is still in effect, nical and conforming amendments in Title 18 ize an emergency acquisition if an applica- the Attorney General may authorize, with- of the United States Code and in FISA. tion is submitted to the FISA Court in not out an order under section 703 or 704, the tar- Section 102. Statement of Exclusive Means by more than seven days. geting of that United States person for the which Electronic Surveillance and Intercep- Section 703(g) is a construction provision purpose of acquiring foreign intelligence in- tion of Certain Communications May Be that clarifies that, if the Government ob- formation while such person is reasonably Conducted tains an order and target a particular United believed to be located outside the United Section 102(a) amends Title I of FISA by States person in accordance with section 703, States. adding a new Section 112 of FISA. Under the FISA does not require the Government to Section 706. Use of Information Acquired Under heading of ‘‘Statement of Exclusive Means seek a court order under any other provision Title VII by which Electronic Surveillance and Inter- of FISA to target that United States person Section 706 fills a void that has existed ception of Certain Communications May Be while that person is reasonably believed to under the Protect America Act which had Conducted,’’ the new section 112(a) states: be located outside the United States. contained no provision governing the use of ‘‘Except as provided in subsection (b), the Section 704. Other Acquisitions Targeting acquired intelligence. Section 706(a) provides procedures of chapters 119, 121 and 126 of United States Persons Outside the United that information acquired from an acquisi- Title 18, United States Code, and this Act States tion conducted under section 702 shall be shall be the exclusive means by which elec- Section 704 governs other acquisitions that deemed to be information acquired from an tronic surveillance and the interception of target United States persons who are outside electronic surveillance pursuant to Title I of domestic wire, oral, or electronic commu- the United States. Sections 702 and 703 ad- FISA for the purposes of section 106 of FISA, nication may be conducted.’’ New section dress acquisitions that constitute electronic which is the provision of Title I of FISA that 112(b) of FISA provides that only an express surveillance or the acquisition of stored elec- governs public disclosure or use in criminal statutory authorization for electronic sur- tronic communications. In contrast, as pro- proceedings. The one exception is for sub- veillance or the interception of domestic vided in section 704(a)(2), section 704 address- section (j) of section 106, as the notice provi- wire, oral, or electronic communications, es any targeting of a United States person sion in that subsection, while manageable in other than as an amendment to FISA or outside of the United States under cir- individual Title I proceedings, would present chapters 119, 121, or 206 of Title 18 shall con- cumstances in which that person has a rea- a difficult national security question when stitute an additional exclusive means for the

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.024 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6133 purpose of subsection (a). The new section annual summary, the Department of Justice FISA application as the head of the CIA had 112 is based on a provision which Congress is required to provide copies of court deci- this authority prior to the establishment of enacted in 1978 as part of the original FISA sions, but not orders, which include signifi- the Office of the Director of National Intel- that is codified in section 2511(2)(f) of Title cant interpretations of FISA. The impor- ligence. 18, United States Code, and which will re- tance of the reporting requirement is that, Section 105. Issuance of an Order main in the U.S. Code. because the two courts conduct their busi- Section 105 strikes from Section 105 of Section 102(a) strengthens the statutory ness in secret, Congress needs the reports to FISA several unnecessary or obsolete provi- provisions pertaining to electronic surveil- know how the law it has enacted is being in- sions. Section 105 strikes subsection (c)(1)(F) lance and interception of certain commu- terpreted. of Section 105 of FISA which requires mini- nications to clarify the express intent of Section 103 improves the Title VI reporting mization procedures applicable to each sur- Congress that these statutory provisions are requirements in three ways. First, as signifi- veillance device employed because Section the exclusive means for conducting elec- cant legal interpretations may be included 105(c)(2)(A) requires each order approving tronic surveillance and interception of cer- in orders as well as opinions, section 103 re- electronic surveillance to direct the mini- tain communications. With the absence of quires that orders also be provided to the mization procedures to be followed. reference to the Authorization for Use of committees. Second, as the semiannual re- Subsection (a)(6) reorganizes, in more read- Military Force, Pub. L. 107–40, (September port often takes many months after the end able form, the emergency surveillance provi- 18, 2001) (‘‘AUMF’’), Congress makes clear of the semiannual period to prepare, section sion of section 105(f), now redesignated sec- that this AUMF or any other existing stat- 103 accelerates provision of information tion 105(e), with a substantive change of ex- ute cannot be used in the future as the statu- about significant legal interpretations by re- tending from 3 to 7 days the time by which tory basis for circumventing FISA. Section quiring the submission of such decisions, or- the Attorney General must apply for and ob- 102(a) is intended to ensure that additional ders, or opinions within 45 days. Finally, sec- tain a court order after authorizing an emer- exclusive means for surveillance or intercep- tion 103 requires that the Attorney General gency surveillance. The purpose of the tions shall be express statutory authoriza- shall submit a copy of any such decision, change is to help make emergency authority tions. order, or opinion, and any pleadings, applica- a more practical tool while keeping it within In accord with section 102(b) of the bill, tions, or memoranda of law associated with the parameters of FISA. section 109 of FISA that provides for crimi- such decision, order, or opinion, from the pe- Subsection (a)(7) adds a new paragraph to nal penalties for violations of FISA, is riod five years preceding enactment of the section 105 of FISA to require the FISA amended to implement the exclusivity re- bill that has not previously been submitted Court, on the Government’s request, when quirement added in section 112 by making to the congressional intelligence and judici- granting an application for electronic sur- clear that the safe harbor to FISA’s criminal ary committees. veillance, to authorize at the same time the offense provision is limited to statutory au- OVERVIEW OF SECTIONS 104 THROUGH SECTION installation and use of pen registers and trap thorizations for electronic surveillance or 109. FISA STREAMLINING and trace devices. This will save the paper- work that had been involved in making two the interception of domestic wire, oral, or Sections 104 through 109 amend various applications. electronic communications which are pursu- sections of FISA for such purposes as reduc- ant to a provision of FISA, one of the enu- ing a paperwork requirement, modifying Section 106. Use of Information merated chapters of the criminal code, or a time requirements, or providing additional Section 106 amends section 106(i) of FISA statutory authorization that expressly pro- flexibility in terms of the range of Govern- with regard to the limitations on the use of vides an additional exclusive means for con- ment officials who may authorize FISA ac- unintentionally acquired information. Cur- ducting the electronic surveillance. By vir- tions. Collectively, these amendments are rently, section 106(i) of FISA provides that tue of the cross-reference in section 110 of described as streamlining amendments. In unintentionally acquired radio communica- FISA to section 109, that limitation on the general, they are intended to increase the ef- tion between persons located in the United safe harbor in section 109 applies equally to ficiency of the FISA process without depriv- States must be destroyed unless the Attor- section 110 on civil liability for conducting ing the FISA Court of the information it ney General determines that the contents of unlawful electronic surveillance. needs to make findings required under FISA. the communications indicates a threat of Section 102(c) requires that when a certifi- Section 104. Applications for Court Orders death or serious bodily harm to any person. cation for assistance to obtain foreign intel- Section 106 of the bill amends subsection ligence is based on statutory authority, the Section 104 of the bill strikes two of the 106(i) of FISA by making it technology neu- certification provided to an electronic com- eleven paragraphs on standard information tral on the principle that the same rule for munication service provider is to include the in an application for a surveillance order the use of information indicating threats of specific statutory authorization for the re- under section 104 of FISA, either because the death or serious harm should apply no mat- quest for assistance and certify that the information is provided elsewhere in the ap- ter how the communication is transmitted. plication process or is not needed. statutory requirements have been met. This Section 107. Amendments for Physical Searches provision is designed to assist electronic In various places, FISA has required the submission of ‘‘detailed’’ information, as in Section 107 makes changes to Title III of communication service providers in under- FISA: changing applications and orders for standing the legal basis for any government section 104 of FISA, ‘‘a detailed description of the nature of the information sought and physical searches to correspond to changes requests for assistance. in sections 104 and 105 on reduction of some In the section-by-section analysis of S. the type of communications or activities to be subjected to the surveillance.’’ The DNI application paperwork; providing the FBI 2248, the report of the Select Committee on with administrative flexibility in enabling Intelligence (S. Rep. No. 110–209, at 18) de- requested legislation that asked that ‘‘sum- mary’’ be substituted for ‘‘detailed’’ for this its Deputy Director to be a certifying officer; scribed and incorporated the discussion of and extending the time, from 3 days to 7 exclusivity in the 1978 conference report on and other application requirements, in order to reduce the length of FISA applications. In days, for applying for and obtaining a court the original Foreign Intelligence Surveil- order after authorization of an emergency lance Act, in particular the conferees’ de- general, the bill approaches this by elimi- nating the mandate for ‘‘detailed’’ descrip- search. scription of the Youngstown Sheet and Tube Section 303(a)(4)(C), which will be redesig- tions, leaving it to the FISA Court and the Co. v. Sawyer, 343 U.S. 579, 637 (1952) and the nated section 303(a)(3)(C), requires that each Government to work out the level of speci- application of the principles described there application for physical search authority ficity needed by the FISA Court to perform to the current legislation. That full discus- state the applicant’s belief that the property its statutory responsibilities. With respect sion should be deemed incorporated in this is ‘‘owned, used, possessed by, or is in trans- to one item of information, ‘‘a statement of section-by-section analysis. mit to or from’’ a foreign power or an agent the means by which the surveillance will be of a foreign power. In order to provide needed Section 103. Submittal to Congress of Certain effected,’’ the bill modifies the requirement flexibility and to make the provision con- Court Orders under the Foreign Intelligence by allowing for ‘‘a summary statement.’’ Surveillance Act of 1978 In aid of flexibility, section 104 increases sistent with electronic surveillance provi- Section 6002 of the Intelligence Reform Act the number of individuals who may make sions, section 107(a)(1)(D) of the bill allows and Terrorism Prevention Act of 2004 (Pub. FISA applications by allowing the President the FBI to apply for authority to search L. 108–458), added a Title VI to FISA that to designate the Deputy Director of the Fed- property that also is ‘‘about to be’’ owned, augments the semiannual reporting obliga- eral Bureau of Investigation (‘‘FBI’’) as one used, or possessed by a foreign power or tions of the Attorney General to the intel- of those individuals. This should enable the agent of a foreign power, or in transit to or ligence and judiciary committees of the Sen- Government to move more expeditiously to from one. ate and House of Representatives. Under sec- obtain certifications when the Director of Section 108. Amendments for Emergency Pen tion 6002, the Attorney General shall report the FBI is away from Washington or other- Registers and Trap and Trace Devices a summary of significant legal interpreta- wise unavailable. Section 108 amends section 403 of FISA to tions of FISA in matters before the FISA Subsection (b) of section 104 of FISA is extend from 2 days to 7 days the time for ap- Court or Foreign Intelligence Surveillance eliminated as obsolete in light of current ap- plying for and obtaining a court order after Court of Review. The requirement extends to plications. The Director of the Central Intel- an emergency installation of a pen register interpretations presented in applications or ligence Agency is added to the list of offi- or trap and trace device. This change har- pleadings filed with either court by the De- cials who may make a written request to the monizes among FISA’s provisions for elec- partment of Justice. In addition to the semi- Attorney General to personally review a tronic surveillance, search, and pen register/

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.026 S25JNPT1 jbell on PROD1PC69 with SENATE S6134 CONGRESSIONAL RECORD — SENATE June 25, 2008 trap and trace authority the time require- electronic communication service providers writing under sections 2511(2)(a)(ii)(B) or ments that follow the Attorney General’s de- who have been alleged in various civil ac- 2709(b) of Title 18, or directives to electronic cision to take emergency action. tions to have assisted the U.S. Government communication service providers under par- Section 109. Foreign Intelligence Surveillance between September 11, 2001, and January 17, ticular sections of FISA or the Protect Court 2007, when the Attorney General announced America Act. Section 109 contains four amendments to the termination of the Terrorist Surveil- The Attorney General may only make a section 103 of FISA, which establishes the lance Program. In addition, Title VIII con- certification under the fourth statutory re- FISA Court and the Foreign Intelligence tains provisions of law intended to imple- quirement, section 802(a)(4), if the civil ac- Surveillance Court of Review. ment statutory defenses for electronic com- tion is a covered civil action (as defined in Section 109(a) amends section 103 to pro- munication service providers and others who section 801(5)). To satisfy the requirements vide that judges on the FISA Court shall be assist the Government in accordance with of section 802(a)(4), the Attorney General drawn from ‘‘at least seven’’ of the United precise, existing legal requirements, and for must certify first that the assistance alleged States judicial circuits. The current require- providing for federal preemption of state in- to have been provided by the electronic com- ment—that the eleven judges be drawn from vestigations. The liability protection provi- munication service provider was in connec- seven judicial circuits (with the number ap- sions of Title VIII are not subject to sunset. tion with an intelligence activity involving pearing to be a ceiling rather than a floor) Section 801. Definitions communications that was (1) authorized by the President between September 11, 2001 and has proven unnecessarily restrictive or com- Section 801 establishes definitions for Title January 17, 2007 and (2) designed to detect or plicated for the designation of the judges to VIII. Several are of particular importance. prevent a terrorist attack or preparations the FISA Court. The term ‘‘assistance’’ is defined to mean for one against the United States. In addi- Section 109(b) amends section 103 to allow the provision of, or the provision of access tion, the Attorney General must also certify the FISA Court to hold a hearing or rehear- to, information, facilities, or another form of that the assistance was the subject of a writ- ing of a matter en banc, which is by all the assistance. The word ‘‘information’’ is itself ten request or directive, or a series of writ- judges who constitute the FISA Court sit- described in a parenthetical to include com- ten requests or directives, from the Attorney ting together. The Court may determine to munication contents, communication General or the head (or deputy to the head) do this on its own initiative, at the request records, or other information relating to a of an element of the intelligence community of the Government in any proceeding under customer or communications. ‘‘Contents’’ is FISA, or at the request of a party in the few to the electronic communication service pro- defined by reference to its meaning in Title vider indicating that the activity was (1) au- proceedings in which a private entity or per- I of FISA. By that reference, it includes any son may be a party, i.e., challenges to docu- thorized by the President and (2) determined information concerning the identity of the to be lawful. The report of the Select Com- ment production orders under Title V, or parties to a communication or the existence, proceedings on the legality or enforcement mittee on Intelligence contained a descrip- substance, purport, or meaning of it. tion of the relevant correspondence provided of directives to electronic communication The term ‘‘civil action’’ is defined to in- to electronic communication service pro- service providers under Title VII. clude a ‘‘covered civil action.’’ Thus, ‘‘cov- Under section 109(b), en banc review may viders (S. Rep. No. 110–209, at 9). ered civil actions’’ are a subset of civil ac- The district court must give effect to the be ordered by a majority of the judges who tions, and everything in new Title VIII that constitute the FISA Court upon a determina- Attorney General’s certification unless the is applicable generally to civil actions is also court finds it is not supported by substantial tion that it is necessary to secure or main- applicable to ‘‘covered civil actions.’’ A tain uniformity of the court’s decisions or evidence provided to the court pursuant to ‘‘covered civil action’’ has two key elements. this section. In its review, the court may ex- that a particular proceeding involves a ques- It is defined as a civil action filed in a fed- tion of exceptional importance. En banc pro- amine any relevant court order, certifi- eral or state court which (1) alleges that an cation, written request or directive sub- ceedings should be rare and in the interest of electronic communication service provider the general objective of fostering expeditious mitted by the Attorney General pursuant to (a defined term) furnished assistance to an subsection (b)(2) or by the parties pursuant consideration of matters before the FISA element of the intelligence community and Court. to subsection (d). Section 802 is silent on the (2) seeks monetary or other relief from the nature of any additional materials that the Section 109(c) provides authority for the electronic communication service provider entry of stays, or the entry of orders modi- Attorney General may submit beyond those related to the provision of the assistance. listed in subsection (b)(2) if the Attorney fying orders entered by the FISA Court or Both elements must be present for the law- the Foreign Intelligence Surveillance Court General determines they are necessary to suit to be a covered civil action. provide substantial evidence to support the of Review, pending appeal or review in the The term ‘‘person’’ (the full universe of certification, such as if the Attorney General Supreme Court. This authority is supple- those protected by section 802) is necessarily certifies that a person did not provide the al- mental to, and does not supersede, the spe- broader than the definition of electronic leged assistance. cific provision in section 702(i)(4)(B) that ac- communication service provider. The aspects quisitions under Title VII may continue dur- If the Attorney General files a declaration of Title VIII that apply to those who assist that disclosure of a certification or supple- ing the pendency of any rehearing en banc the Government in accordance with precise, and appeal to the Court of Review subject to mental materials would harm national secu- existing legal requirements apply to all who rity, the court shall review the certification the requirement for a determination within may be ordered to provide assistance under 60 days under section 702(i)(4)(C). and supplemental materials in camera and FISA, such as custodians of records who may ex parte, which means with only the Govern- Section 109(d) provides that nothing in be directed to produce records by the FISA FISA shall be construed to reduce or con- ment present. A public order following that Court under Title V of FISA or landlords review shall be limited to a statement as to travene the inherent authority of the FISA who may be required to provide access under Court to determine or enforce compliance whether the case is dismissed and a descrip- Title I or III of FISA, not just to electronic tion of the legal standards that govern the with any order of that court or with a proce- communication service providers. dure approved by it. order, without disclosing the basis for the Section 802. Procedures for Implementing Statu- certification of the Attorney General. The Section 110. Weapons of Mass Destruction tory Defenses purpose of this requirement is to protect the Section 110 amends the definitions in FISA Section 802 establishes procedures for im- classified national security information in- of foreign power and agent of a foreign power plementing statutory defenses. Notwith- volved in the identification of providers who to include individuals who are not United standing any other provision of law, no civil assist the Government. A public order shall States persons and entities not substantially action may lie or be maintained in a federal not disclose whether the certification was composed of United States persons that are or state court against any person for pro- based on an order, certification, or directive, engaged in the international proliferation of viding assistance to an element of the intel- or on the ground that the electronic commu- weapons of mass destruction. Section 110 ligence community, and shall be promptly nication service provider furnished no assist- also adds a definition of weapon of mass de- dismissed, if the Attorney General makes a ance. Because the district court must find struction to the Act that defines weapons of certification to the district court in which that the certification—including a certifi- mass destruction to cover explosive, incen- the action is pending. (If an action had been cation that states that a party did not pro- diary, or poison gas devices that are de- commenced in state court, it would have to vide the alleged assistance—is supported by signed, intended to, or have the capability to be removed, pursuant to section 802(g) to a substantial evidence in order to dismiss a cause a mass casualty incident or death, and district court, where a certification under case, an order failing to dismiss a case is biological, chemical and nuclear weapons section 802 could be filed.) The certification only a conclusion that the substantial evi- that are designed, intended to, or have the must state either that the assistance was not dence test has not been met. It does not indi- capability to cause illness or serious bodily provided (section 802(a)(5)) or, if furnished, cate whether a particular provider assisted injury to a significant number of persons. that it was provided pursuant to specific the government. Section 110 also makes corresponding, tech- statutory requirements (sections 802(a)(1–4)). Subsection (d) makes clear that any plain- nical and conforming changes to FISA. Three of these underlying requirements, tiff or defendant in a civil action may sub- TITLE II. PROTECTIONS FOR ELECTRONIC which are specifically described in section mit any relevant court order, certification, COMMUNICATION SERVICE PROVIDERS 802 (sections 802(a)(1–3)), come from existing written request, or directive to the district This title establishes a new Title VIII of law. They include: an order of the FISA court for review and be permitted to partici- FISA. The title addresses liability relief for Court directing assistance, a certification in pate in the briefing or argument of any legal

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.027 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6135 issue in a judicial proceeding conducted pur- ment of Justice is directed to provide the re- Protect America Act (August 5, 2007). The suant to this section, to the extent that such port of any investigation of that office relat- purpose of these clarifications and the effec- participation does not require the disclosure ing to the program, including any investiga- tive date for them is to ensure that there are of classified information to such party. The tion of the process through which the legal no gaps in the legal protections contained in authorities of the Attorney General under reviews of the program were conducted and that act, including for authorized collection section 802 are to be performed only by the the substance of such reviews, to the Inspec- following the sunset of the Protect America Attorney General, the Acting Attorney Gen- tor General of the Department of Justice, Act, notwithstanding that its sunset provi- eral, or the Deputy Attorney General. who shall integrate the factual findings and sion was only extended once until February In adopting the portions of section 802 that conclusions of such investigation into its re- 16, 2008. Additionally, subsection (a)(3) fills a allow for liability protection for those elec- view. void in the Protect America Act and applies tronic communication service providers who The inspectors general shall designate one the use provisions of section 106 of FISA to may have participated in the program of in- of the Senate confirmed inspectors general collection under the Protect America Act, in telligence activity involving communica- required to conduct a review to coordinate the same manner that section 706 does for tions authorized by the President between the conduct of the reviews and the prepara- collection under Title VII. September 11, 2001, and January 17, 2007, the tion of the reports. The inspectors general In addition, subsection (a)(7) makes clear Congress makes no statement on the legality are to submit an interim report within sixty that if the Attorney General and the DNI of the program. This is in accord with the days to the appropriate congressional com- seek to replace an authorization made pursu- statement in the report of the Senate Intel- mittees on their planned scope of review. ant to the Protect America Act with an au- ligence Committee that ‘‘Section 202 [as the The final report is to be completed no later thorization made under section 702, as added immunity provision was then numbered] than one year after enactment and shall be by this bill, they are, to the extent prac- makes no assessment about the legality of submitted in unclassified form, but may in- ticable, to submit a certification to the FISA the President’s program.’’ S. Rep. No. 110– clude a classified annex. Court at least 30 days in advance of the expi- 209, at 9. The Congress is aware that the Inspector ration of such authorization. The authoriza- tions, and any directives issued pursuant to Section 803. Preemption of State Investigations General of the Department of Justice has un- dertaken a review of the program. This re- the authorization, are to remain in effect Section 803 addresses actions taken by a until the FISA Court issues an order with re- number of state regulatory commissions to view should serve as a significant part of the basis for meeting the requirements of this spect to that certification. force disclosure of information concerning Subsection (b) provides similar treatment title. In no event is this title intended to cooperation by state regulated electronic for any order of the FISA Court issued under delay or duplicate the investigation com- communication service providers with U.S. Title VII of this bill in effect on December pleted to date or the issuance of any report intelligence agencies. Section 803 preempts 31, 2012. these state actions and authorizes the by the Inspector General of the Department Subsection (c) provides transition proce- United States to bring suit to enforce the of Justice. dures for the authorizations in effect under prohibition. TITLE IV. OTHER PROVISIONS section 2.5 of Executive Order 12333. Those Section 804. Reporting Section 401. Severability authorizations shall continue in effect until the earlier of the date that authorization ex- Section 804 provides for oversight of the Section 401 provides that if any provision pires or the date that is 90 days after the en- implementation of Title VIII. On a semi- of this bill or its application is held invalid, actment of this Act. This transition provi- annual basis, the Attorney General is to pro- the validity of the remainder of the Act and sion is particularly applicable to the transi- vide to the appropriate congressional com- its application to other persons or cir- tion to FISA Court orders that will occur as mittees a report on any certifications made cumstances is unaffected. a result of sections 703 and 704 of FISA, as under section 802, a description of the judi- Section 402. Effective Date cial review of the certifications made under added by this bill. section 802, and any actions taken to enforce Section 402 provides that except as pro- Mr. ROCKEFELLER. Before laying the provisions of section 803. vided in the transition procedures (section out where this bill improves upon the 404 of the title), the amendments made by Section 202. Technical Amendments the bill shall take effect immediately. Senate-passed bill—and it does—let me Section 202 amends the table of contents of first restate how proud I am of our ef- Section 403. Repeals the first section of FISA. forts in February that laid the founda- Section 403(a) provides for the repeal of TITLE III. REVIEW OF PREVIOUS ACTIONS tion for the final action we will soon those sections of FISA enacted as amend- Title III directs the Inspectors General of ments to FISA by the Protect America Act, take. Our Senate bill established the the Department of Justice, the Office of the except as provided otherwise in the transi- framework for a judicial review of the Director of National Intelligence, the De- tion procedures of section 404, and makes targeting and minimization procedures partment of Defense, the National Security technical and conforming amendments. which are at the heart of the present Agency, and any other element of the intel- Section 403(b) provides for the sunset of compromise. It also established clear ligence community that participated in the the FISA Amendments Act on December 31, authority and procedures for individual President’s surveillance program, defined in 2012, except as provided in section 404 of the the title to mean the intelligence activity judicial orders where there is probable bill. This date ensures that the amendments cause for targeting Americans over- involving communications that was author- by the Act will be reviewed during the next ized by the President during the period be- presidential administration. The subsection seas. This may long be regarded as the ginning on September 11, 2001, and ending on also makes technical and conforming amend- single most important innovation of January 17, 2007, to complete a comprehen- ments. the act we will soon pass. sive review of the program with respect to Section 404. Transition Procedures Additionally, during debate on our the oversight authority and responsibility of Senate bill, we identified other needed Section 404 establishes transition proce- each such inspector general. improvements that have been ad- The review is to include: all of the facts dures for the Protect America Act and the necessary to describe the establishment, im- Foreign Intelligence Surveillance Act dressed in this compromise, including plementation, product, and use of the prod- Amendments of 2008. strengthening exclusivity, something uct of the program; access to legal reviews of Subsection (a)(1) continues in effect orders, Senator FEINSTEIN was a great advo- the program and information about the pro- authorizations, and directives issued under cate of, and also a shorter sunset, gram; communications with, and participa- FISA, as amended by section 2 of the Protect something Senator CARDIN wanted to tion of, individuals and entities in the pri- America Act, until the expiration of such see happen; that is, when the bill sun- vate sector related to the program; inter- order, authorization or directive. sets, and it will end before the end of action with the FISA Court and transition to Subsection (a)(2) sets forth the provisions of FISA and the Protect America Act that the next administration. court orders related to the program; and any The bottom line is, we started with a other matters identified by any such inspec- continue to apply to any acquisition con- tor general that would enable that inspector ducted under such Protect America Act good product in February and, through general complete a review of the program order, authorization or directive. In addi- hard work and compromise with all with respect to the inspector general’s de- tion, subsection (a) clarifies the following parties in both Houses, we have made partment or element. provisions of the Protect America Act: the it even stronger. And we have. We The inspectors general are directed to protection from liability provision of sub- have. We are all slightly aghast at work in conjunction, to the extent prac- section (l) of Section 105B of FISA as added what we were able to do. So let me ticable, with other inspectors general re- by section 2 of the Protect America Act; ju- mention a few of the key features in quired to conduct a review, and not unneces- risdiction of the FISA Court with respect to sarily duplicate or delay any reviews or au- a directive issued pursuant to the Protect this new compromise. dits that have already been completed or are America Act, and the Protect America Act First, the agreement makes changes being undertaken with respect to the pro- reporting requirements of the Attorney Gen- in the provisions related to targeting gram. In addition, the Counsel of the Office eral and the DNI. Subsection (a) is made ef- foreigners overseas to increase protec- of Professional Responsibility of the Depart- fective as of the date of enactment of the tions for Americans. It requires the

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.029 S25JNPT1 jbell on PROD1PC69 with SENATE S6136 CONGRESSIONAL RECORD — SENATE June 25, 2008 FISA Court to approve targeting and do criminal, civil fines. It is in the bill. My own leader, HARRY REID, deserves minimization procedures before collec- It will happen if somebody tries to do special credit for insisting that we per- tions begin in virtually all instances. something. severe on protecting national security The Attorney General and the Director Finally, with respect to the liability and civil liberties, even though at of National Intelligence can move for- protection provisions of title II, the times he believed he himself could not ward without a court order only in new language is improved in a number support our ultimate compromise. I do what will be extremely rare instances, of ways. The agreement makes clear not know what that result will be, but if emergency circumstances exist. And that the district court has the author- he has been terrific in pushing us. there is a way that is done which is ity to review the documents provided In addition, we would not have time minimized, a total of 37 days, but to the companies to determine whether reached this critical juncture without it doesn’t happen. the Attorney General has met the stat- the unlimited support of the Director It preserves the definition of ‘‘elec- utory requirements for the certifi- of National Intelligence, Mike McCon- tronic surveillance.’’ That is impor- cation under the statute. nell, Attorney General Michael tant. It doesn’t sound very interesting, In addition, the plaintiffs are given Mukasey, and the dedicated staff of the but it is important. It preserves that their fair day in court in our bill, as DNI, DOJ, and NSA counsel, in par- definition found in title I of FISA to the parties to the litigation are explic- ticular Ben Powell, Brett Gerry, John ensure that there are no unintended itly provided the opportunity to brief Demers, Vito Potenza, and Chris consequences—that sounds like gobble- the legal and constitutional issues be- Thuma. I did not think I would be say- dygook, but it isn’t—relating to when a fore the court, to the court. And the ing those words, but I am saying them, warrant must be obtained under FISA district court, in deciding the question, and I do believe them deeply. All of or how information obtained using must go beyond whether the Attorney those individuals worked with us for General abused his discretion in pre- FISA can be used. In other words, we months on this issue, putting in long paring his certification to seek the dis- leave the definition of ‘‘telecommuni- hours, even at times when there was missal of a lawsuit. Under the agree- cations’’ exactly as it is. We do not not light at the end of the tunnel. ment, the district court must decide change it. If there is to be a change, As we know all too well, the legisla- whether the Attorney General’s certifi- then there must be legislative action tive efforts of the House and the Sen- cation is supported by ‘‘substantial evi- to expand or make that change. ate would come to a screeching halt if dence.’’ It is a good bar. But unintended consequences is when we were forced to operate without the These are important additions and seamless efforts of our staffs. something you do in one bill affects clarifications, and I hope many of my I would like to thank my exception- something that happened in another colleagues will recognize how far we ally talented staff: Andy Johnson, bill, and you just do not know it at the have come. Remember, this is a bill Mike Davidson, Alissa Starzak, Chris time you are doing it. You have to be that the House would not even vote on Healey, and Melvin Dubee—all of whom very careful about that. So that is why a couple of months ago. They would brought an enormous amount of exper- we did that. not even vote on it. So we just went Second, the agreement contains addi- tise, creativity, and perseverance to over to them, to STENY HOYER, who de- the table. tional measures compared to the Sen- serves all praise for being an unbeliev- I want to single out Mike Davidson. ate bill to improve oversight and ac- able moderator, bringer-together of Mike Davidson is a very smart lawyer. countability—the two greatest needs opinions and people and a lot of people He has this way of when everything is we have in the Congress and for the ad- who are reluctant over there about collapsing all about him—it is kind of ministration. doing anything, and gradually, through a let’s come and reason together. Let’s It shortens the sunset of the legisla- compromise, through extensive con- be practical. He is such a good person tion to December 31, 2012, to ensure the sultation, worked it out so they could FISA modernization law we are going agree on the bill. Indeed, Speaker and so smart and so respected for what to pass is reviewed in the next adminis- he knows that people follow his lead. It PELOSI went to the floor of the House tration. and spoke as to why she was going to was in many ways because of him that It requires a comprehensive review vote for the bill—which she did. a lot of our problems got solved. He by multiple inspectors general of the Now, before I conclude, I must say a would not quit on them, and he would President’s warrantless surveillance few words about all the people—and keep saying: Now, let’s deal with this program to ensure Congress has a com- spare me on this, I say to the Presiding practically. And he uses his hands just plete set of facts about the program. Officer—who worked together to make in that manner. It worked because we We will have them. We will be in- this happen. have a bill. formed. The public will be informed House majority leader STENY HOYER I would also like to thank Mariah about that. is—I have down here in my text ‘‘a Sixkiller, Brian Diffel, Joe Onek, Mike Third, the agreement assures that no near saint.’’ I have decided that is in Sheehy, Jeremy Bash, Wyndee Parker, past or future congressional authoriza- extremis. I think he is extraordinary— Eric Greenwald, Chris Donesa, Lou tion for the use of military force may extraordinary. He deserves tremendous DeBaca, Perry Apelbaum, Ted Kalo, be used to justify the conduct of credit for his ability to bring people to- and Caroline Lynch in the House of warrantless surveillance electroni- gether with strongly divergent views Representatives; and in the Senate, cally, unless Congress explicitly pro- and not give up until a compromise is Louis Tucker, Jack Livingston, Kath- vides that can happen. That means the achieved. He has everything on his leen Rice, Mary DeRosa, Zulima President cannot ever do what he did plate, but he always seemed to have Espinel, Matt Solomon, Nick Rossi, again. No other President can ever do time for—he kept saying he was not Ron Weich, Serena Hoy, and Marcel that. FISA rules, and only the Congress really schooled in this, but he knew ev- Lettre for their efforts. can make the change. erything that was going on. I may have left somebody out. But I With enactment of this agreement, Vice Chairman BOND and House Mi- think the Presiding Officer thinks I there will be no question that Congress nority Whip BLUNT also deserve our have probably done enough. It is heart- intends that only an express statutory thanks and our praise for their hard felt, and if you have been through the authorization for electronic surveil- work and unending commitment. The process you really feel what people put lance or interception may constitute other leaders of the House and Senate into it and what they give up. an additional exclusive means for that Intelligence and Judiciary Commit- Madam President, this is a very surveillance or interception. It is log- tees—SILVESTRE REYES, PETER HOEK- proud day for the Senate, for national ical, and it is necessary. STRA, JOHN CONYERS, LAMAR SMITH, security and civil liberties, and for the This is reinforced by the clarification and on our side PAT LEAHY and ARLEN Congress in general. I would venture to that criminal and civil penalties can be SPECTER—not all of whom have or will say this may be the most important imposed for any electronic surveillance support the final bill—also deserve bill we will pass this year. We have that is not conducted in accordance thanks for their valuable contributions proven that compromise is not a lost with FISA or specifically listed provi- for making the legislation a much bet- virtue and that good, sound policy is sions of title XVIII. We are prepared to ter product. not only possible, it is achievable.

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.050 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6137 I thank the Presiding Officer and It is awfully difficult to understand, to people going through foreclosure or yield the floor. when you consider that between 8,000 who could go through foreclosure. All I suggest the absence of a quorum. and 9,000 people every day are filing for of these elements could make a dif- The PRESIDING OFFICER. The foreclosure in this country. This is the ference; the community development clerk will call the roll. center of our economic problems in the block grants to mayors, county super- The assistant legislative clerk pro- Nation. visors, and Governors that could pro- ceeded to call the roll. The Wall Street Journal reported vide some targeted help in neighbor- Mr. DODD. Madam President, I ask today in a banner headline that con- hoods that have foreclosed properties. unanimous consent that the order for sumer confidence in this Nation is at We learn from screaming headlines the quorum call be rescinded. the lowest point it has been since the on a daily basis—you need not hear my The PRESIDING OFFICER. Without late 1980s, early 1990s. A report yester- voice; just listen to what is going on in objection, it is so ordered. day actually takes it back to 1967. We almost every State in the country. Mr. DODD. Madam President, I see are also told that home values are de- Now the States of California and Ne- my good friend from West Virginia on clining by the hour in this country. vada are particularly hard-pressed, as the floor. While I have some disagree- The Case-Schiller Index indicates that well as Arizona, Florida, Michigan, and ment with him on the effort he has home values may decline by as much as Ohio are seeing these numbers at made on the FISA bill, I commend my 30 percent over the next 2 or 3 years. friend from West Virginia. He has the record levels. The State of Nevada, in This is affecting student loans, it is af- thankless task of heading up the Intel- fact, I think, on a per capita basis has fecting municipal finance, and it is af- ligence Committee, which is a difficult the worst foreclosure rate in the coun- fecting commercial borrowing. We are job. I wish to acknowledge that and try, what that State is going through literally in a stall with the economy recognize that. My respect for him and and the people are suffering from in growing worse and the level of opti- the work he is doing and trying to do that jurisdiction, with 10, I am told, mism and confidence of the American on this issue is something I respect im- centers around the State trying to help mensely. Unfortunately, we don’t agree people declining at a rapid rate. people hang on to their homes if they There is nothing more important we on one aspect—at least one aspect—of can. could do before adjourning for the next this bill, but that in no way diminishes Here we have a proposal that would week to go home for Independence Day my respect for the effort he has made provide that kind of relief, a system than to deal with this bill. We could to try to produce as good a bill as he that would allow for workouts where literally complete this housing bill in can under the circumstances. You only people could have a new mortgage they about an hour. That is about all it have to try and manage a bill around could afford to pay, as well as paying would take to consider the amend- here to understand how difficult that into the program at some cost, and the can be, as someone who is engaged ments we can agree to, to adopt the lenders taking, of course, a significant right now in this housing proposal. ones we have, and then move this bill cut in what they would otherwise be Senator SHELBY and I have spent off this floor, out of this Chamber to getting. But it would allow us to keep weeks putting together a bill that has the point that I think the House may people in their homes. enjoyed almost unanimous support in accept what we have done, and send the So in those States that are feeling our committee—19 to 2—coming out of bill to the President for his signature. this particularly, I want them to know the Banking Committee. We had the What better message to send to those there are those of us here—and they vote of 83 to 9 the other day on a clo- who are facing potential foreclosure, of ought to know the majority leader of ture motion to deal with a proposal we losing their most important and valu- this body, Senator HARRY REID, has put together covering everything from able asset that the overwhelming ma- been on the forefront of trying to get mortgage revenue bonds and tax incen- jority of Americans will ever have, not this bill up, trying to allow us to vote tives for people to buy foreclosed prop- just in financial terms, but in the con- on it to get the job done. I wish to erties, not to mention the GSE—the text of having a home for their fami- thank him for that, as the chairman of government sponsored enterprises—re- lies. This is something most Americans the Banking Committee, to have a ma- form, an affordable housing program in wish for their children, wish for their jority leader who understands this pri- perpetuity to assist rental housing op- grandchildren, wish to have them- ority is at the top of our list. I am portunities in the Nation, as well as selves, that idea of a home where you deeply grateful to him for making it the HOPE for Homeowners Act to deal grow up and live. The fact that be- possible for us to get as far as we have. with the foreclosure crisis. Here we are tween 8,000 and 9,000 people—not on a But to know we are down here with a now approaching the late afternoon of weekly basis, not on a monthly basis, few remaining hours before we will be Wednesday. We had the cloture vote but every single day—every day we are leaving for a week or 10 days; knowing yesterday morning, about 30 hours ago. home next week, every day we are gone that in that period of time, unneces- We have yet to have one amendment I from here, remind yourselves that an- sarily, in my view, more Americans can deal with because one Senator is other 9,000 people are beginning to file may end up paying that awful price, insisting that his bill be paramount, foreclosure and losing their homes. watching their home value decline, that we disregard the efforts we have Neighborhoods collapse, values in these watching them possibly lose their made to listen to ideas, to take addi- neighborhoods go down, and we see the homes; that idea of being able to build tional suggestions that have come from continued suffering that goes on in our that equity and provide for your chil- other Members to incorporate as part country, all because I can’t even bring dren’s education, to contribute to your of this bill. up and allow consideration of some retirement, to deal with an unexpected Senator KOHL of Wisconsin has a very amendments on this bill. illness in the family where that equity good proposal which we have worked We have been at this now since Janu- could make a difference, all of that is out. Senator SUNUNU has made a pro- ary, trying to put this together and eroding because we can’t get off the posal as well and we have been able to here we are in late June and still un- dime because we have a colleague who modify it and work with him to be a able to get even consideration of wants to insist that his proposal be part of it. Senator ISAKSON has made a amendments or to vote on some we paramount, that we drop everything proposal we are working on to deal may disagree with. There are many else and deal with that bill. I say that with a date in this bill that could make others of our colleagues here who have respectfully. I have been here 27 years a difference. Senator BOND has a pro- some ideas. I failed to mention Senator and this happens periodically. But at posal we are working on dealing with VOINOVICH. We have proposals from this moment, at this time, facing the disclosures. Senator KOHL and Senator Senator LEVIN and Senator STABENOW worst crisis in housing since the Great NELSON are working on a proposal deal- involving important projects in their Depression, this is not the kind of reac- ing with 401(k)s. All of these ideas have State, not to mention Massachusetts tion we ought to be getting. to be held in abeyance because one as well. There are a number of other I am going to come here periodically Senator won’t even let us consider things included in this legislation pro- as long as we are here to talk about these matters on the floor, to bring viding the kind of support for those this. I will make unanimous consent them up and to deal with them. who are out there, including counseling requests, or the leader will, to try and

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.051 S25JNPT1 jbell on PROD1PC69 with SENATE S6138 CONGRESSIONAL RECORD — SENATE June 25, 2008 let us move on this. When objection is people, in the future, in the trap that TITLE VII—SMALL PUBLIC HOUSING AU- heard, then that Senator ought to have they now find themselves, that we re- THORITIES PAPERWORK REDUCTION the courage, in my view, to stand up quire they disclose what the rates will ACT and express that objection on why we be, and if they want to offer good SEC. 2701. SHORT TITLE. can’t deal with this housing bill. Even terms, they put them in writing. This title may be cited as the ‘‘Small Pub- if you disagree with the bill, allow us I urge my colleagues to support this lic Housing Authorities Paperwork Reduc- tion Act’’. to vote. Allow your colleagues to offer amendment as modified. their amendments. They need to ex- I yield the floor. SEC. 2702. PUBLIC HOUSING AGENCY PLANS FOR The PRESIDING OFFICER. All time CERTAIN QUALIFIED PUBLIC HOUS- plain to the American people why it is ING AGENCIES. postcloture has expired. that after all of this effort, with an 83- (a) IN GENERAL.—Section 5A(b) of the to-9 vote yesterday, that Democrats Mr. BOND. Madam President, I sug- United States Housing Act of 1937 (42 U.S.C. and Republicans want to do something gest the absence of a quorum. 1437c–1(b)) is amended by adding at the end The PRESIDING OFFICER. The about housing, but we can’t get a bill the following: clerk will call the roll. up and can’t consider these out- ‘‘(3) EXEMPTION OF CERTAIN PHAS FROM FIL- The legislative clerk proceeded to ING REQUIREMENT.— standing amendments. call the roll. ‘‘(A) IN GENERAL.—Notwithstanding para- I apologize to my colleagues for this, Mr. REID. Madam President, I ask graph (1) or any other provision of this Act— but they ought to know what is going unanimous consent the order for the ‘‘(i) the requirement under paragraph (1) on and why it is. Members have asked quorum call be rescinded. shall not apply to any qualified public hous- me: Why aren’t we voting? Why can’t The PRESIDING OFFICER. Without ing agency; and we bring up these matters? The reason objection, it is so ordered. ‘‘(ii) except as provided in subsection is because I need unanimous consent to Mr. REID. I ask unanimous consent (e)(4)(B), any reference in this section or any do so and one Senator can object, and the pending amendments be with- other provision of law to a ‘public housing agency’ shall not be considered to refer to because they object, none of these drawn. any qualified public housing agency, to the other amendments, Republican or The PRESIDING OFFICER. Is there extent such reference applies to the require- Democratic amendments, can be con- objection? Without objection, it is so ment to submit an annual public housing sidered or modified, even, in this con- ordered. agency plan under this subsection. text. So that is why we are here and The question is on the motion to con- ‘‘(B) CIVIL RIGHTS CERTIFICATION.—Notwith- where we are. If people are wondering cur, with an amendment. standing that qualified public housing agen- why, after this long time, despite the Mr. MCCONNELL. I ask for the yeas cies are exempt under subparagraph (A) from efforts of bringing people together, we and nays. the requirement under this section to pre- pare and submit an annual public housing are not managing to get this bill done, The PRESIDING OFFICER. Is there a sufficient second? plan, each qualified public housing agency that is the reason. My hope is that shall, on an annual basis, make the certifi- common sense and reasonableness may There appears to be a sufficient sec- ond. cation described in paragraph (16) of sub- prevail in the coming hour or so that section (d), except that for purposes of such The clerk will call the roll. will allow us to get to this. But if we qualified public housing agencies, such para- Mr. REID. Madam President, are we are unable to do so, then that is the graph shall be applied by substituting ‘the in a quorum call? reason. public housing program of the agency’ for The PRESIDING OFFICER. We are ‘the public housing agency plan’. With that, I yield the floor and note not. the absence of a quorum. ‘‘(C) DEFINITION.—For purposes of this sec- Mr. REID. I suggest the absence of a tion, the term ‘qualified public housing The PRESIDING OFFICER. (Mr. quorum. agency’ means a public housing agency that NELSON of Nebraska). The clerk will The PRESIDING OFFICER. The meets the following requirements: call the roll. clerk will call the roll. ‘‘(i) The sum of (I) the number of public The assistant legislative clerk pro- The legislative clerk proceeded to housing dwelling units administered by the ceeded to call the roll. call the roll. agency, and (II) the number of vouchers Mr. BOND. Madam President, I ask Mr. REID. Madam President, I ask under section 8(o) of the United States Hous- unanimous consent the order for the unanimous consent that the order for ing Act of 1937 (42 U.S.C. 1437f(o)) adminis- tered by the agency, is 550 or fewer. quorum call be rescinded. the quorum call be rescinded. The PRESIDING OFFICER (Ms. ‘‘(ii) The agency is not designated under The PRESIDING OFFICER. Without section 6(j)(2) as a troubled public housing STABENOW). Without objection, it is so objection, it is so ordered. agency, and does not have a failing score ordered. Mr. REID. I ask unanimous consent under the section 8 Management Assessment Mr. BOND. Madam President, I am that the previous order which was en- Program during the prior 12 months.’’. hoping very shortly we will vote on or tered regarding the withdrawing of the (b) RESIDENT PARTICIPATION.—Section 5A act on or somehow pass an amendment amendments we vitiated. of the United States Housing Act of 1937 (42 that I have offered, offered on the pre- The PRESIDING OFFICER. Without U.S.C. 1437c–1) is amended— vious housing bill which, incidentally, objection, it is so ordered. (1) in subsection (e), by inserting after paragraph (3) the following: I thought was a much better bill than AMENDMENT NO. 4987, AS MODIFIED, AMENDMENT ‘‘(4) QUALIFIED PUBLIC HOUSING AGENCIES.— this one. NO. 4999, AS MODIFIED, AND AMENDMENT NO. ‘‘(A) IN GENERAL.—Except as provided in 4988, AS MODIFIED I ask unanimous consent to speak subparagraph (B), nothing in this section for—well, Madam President, I am going Mr. REID. I ask unanimous consent may be construed to exempt a qualified pub- to continue to tell you that. that the pending amendments No. 4987, lic housing agency from the requirement The teaser rate problem is one which Bond; No. 4999, Sununu; and No. 4988, under paragraph (1) to establish 1 or more has afflicted many borrowers in Mis- Kohl, be agreed to, as modified, with resident advisory boards. Notwithstanding souri. They get these offers for loan the changes at the desk. that qualified public housing agencies are rates. They are told, verbally, that The PRESIDING OFFICER. Without exempt under subsection (b)(3)(A) from the they can get a good rate when the time objection, it is so ordered. requirement under this section to prepare and submit an annual public housing plan, expires. The problem is, it is not in The amendments, as modified, were agreed to, as follows: each qualified public housing agency shall writing. So we would require full dis- consult with, and consider the recommenda- AMENDMENT NO. 4987, AS MODIFIED closure in advance, written down. If tions of the resident advisory boards for the the people are going to make a rep- On page 522, line 2, before the period insert agency, at the annual public hearing re- resentation, it has to be a binding rep- the following: ‘‘,including the fact that the quired under subsection (f)(5), regarding any resentation. My amendment is de- initial regular payments are for a specific changes to the goals, objectives, and policies time period that will end on a certain date, of that agency. signed to advise consumers, before they that payments will adjust afterwards poten- purchase a home, what they are going ‘‘(B) APPLICABILITY OF WAIVER AUTHOR- tially to a higher amount, and that there is ITY.—Paragraph (3) shall apply to qualified to have to pay. no guarantee that the borrower will be able public housing agencies, except that for pur- I understand there is a modification to refinance to a lower amount’’. poses of such qualified public housing agen- that will make this amendment accept- AMENDMENT NO. 4999, AS MODIFIED cies, subparagraph (B) of such paragraph able to all sides. I think it is terribly On page 538, between lines 6 and 7, insert shall be applied by substituting ‘the func- important to avoid putting so many the following: tions described in the second sentence of

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.064 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6139 paragraph (4)(A)’ for ‘the functions described ‘‘servicer’’ in section 6(i)(2) of the Real Es- lows: ‘‘You may cancel this contract without in paragraph (2)’. tate Settlement Procedures Act of 1974 (12 penalty or obligation at any time before ‘‘(f) PUBLIC HEARINGS.—’’; and U.S.C. 2605(i)(2)). midnight of the 3rd business day after the (2) in subsection (f) (as so designated by (5) RESIDENTIAL MORTGAGE LOAN.—The date on which you sign the contract. See the the amendment made by paragraph (1)), by term ‘‘residential mortgage loan’’ means any attached notice of cancellation form for an adding at the end the following: loan primarily for personal, family, or house- explanation of this right.’’. ‘‘(5) QUALIFIED PUBLIC HOUSING AGENCIES.— hold use that is secured by a mortgage, deed (B) The contract is written in the principal ‘‘(A) REQUIREMENT.—Notwithstanding that of trust, or other equivalent consensual secu- language used to solicit or market the serv- qualified public housing agencies are exempt rity interest on a dwelling (as defined in sec- ices to the homeowner. under subsection (b)(3)(A) from the require- tion 103(v) of the Truth in Lending Act (15 (C) The contract is accompanied by the ment under this section to conduct a public U.S.C. 1602)(v)) or residential real estate form required by subsection (c)(2). hearing regarding the annual public housing upon which is constructed or intended to be (c) RIGHT TO CANCEL CONTRACT.— plan of the agency, each qualified public constructed a dwelling (as so defined). (1) IN GENERAL.—With respect to a contract housing agency shall annually conduct a (6) RESIDENTIAL REAL PROPERTY.—The term between a homeowner and a foreclosure con- public hearing— ‘‘residential real property’’ has the meaning sultant regarding the foreclosure on the resi- ‘‘(i) to discuss any changes to the goals, given the term ‘‘dwelling’’ in section 103 of dential real property of such homeowner, objectives, and policies of the agency; and the Consumer Credit Protection Act (15 such homeowner may cancel such contract ‘‘(ii) to invite public comment regarding U.S.C. 1602). without penalty or obligation by mailing a such changes. (7) SECRETARY.—The term ‘‘Secretary’’ notice of cancellation not later than mid- ‘‘(B) AVAILABILITY OF INFORMATION AND NO- means the Secretary of Housing and Urban night of the 3rd business day after the date TICE.—Not later than 45 days before the date Development. on which such contract is executed or would of any hearing described in subparagraph SEC. 2803. MORTGAGE RESCUE FRAUD PROTEC- become enforceable against the parties to (A), a qualified public housing agency shall— TION. such contract. ‘‘(i) make all information relevant to the (a) LIMITS ON FORECLOSURE CONSULTANTS.— (2) CANCELLATION FORM AND OTHER INFOR- hearing and any determinations of the agen- A foreclosure consultant may not— MATION.—Each contract described in para- cy regarding changes to the goals, objec- (1) claim, demand, charge, collect, or re- graph (1) shall be accompanied by a form, in tives, and policies of the agency to be consid- ceive any compensation from a homeowner duplicate, that— ered at the hearing available for inspection for services performed by such foreclosure (A) has the heading ‘‘Notice of Cancella- by the public at the principal office of the consultant with respect to residential real tion’’ in boldface type; and public housing agency during normal busi- property until such foreclosure consultant (B) contains in boldface type the following ness hours; and has fully performed each service that such statement: ‘‘(ii) publish a notice informing the public foreclosure consultant contracted to perform ‘‘You may cancel this contract, without that— or represented would be performed with re- any penalty or obligation, at any time before ‘‘(I) the information is available as re- spect to such residential real property; midnight of the 3rd day after the date on quired under clause (i); and (2) hold any power of attorney from any which the contract is signed by you. ‘‘(II) a public hearing under subparagraph homeowner, except to inspect documents, as ‘‘To cancel this contract, mail or deliver a (A) will be conducted.’’. provided by applicable law; signed and dated copy of this cancellation AMENDMENT NO. 4988, AS MODIFIED (3) receive any consideration from a third notice or any other equivalent written no- party in connection with services rendered On page 538, between lines 6 and 7, insert tice to [insert name of foreclosure consult- to a homeowner by such third party with re- the following: ant] at [insert address of foreclosure consult- spect to the foreclosure of residential real ant] before midnight on [insert date]. TITLE VIII—FORECLOSURE RESCUE property, unless such consideration is fully FRAUD PROTECTION ‘‘I hereby cancel this transaction on [in- disclosed, in a clear and conspicuous manner, sert date] [insert homeowner signature].’’. SEC. 2801. SHORT TITLE. to such homeowner in writing before such (d) WAIVER OF RIGHTS AND PROTECTIONS This title may be cited as the ‘‘Foreclosure services are rendered; PROHIBITED.— Rescue Fraud Act of 2008’’. (4) accept any wage assignment, any lien of (1) IN GENERAL.—A waiver by a homeowner SEC. 2802. DEFINITIONS. any type on real or personal property, or of any protection provided by this section or In this title: other security to secure the payment of com- any right of a homeowner under this sec- (1) COMMISSION.—The term ‘‘Commission’’ pensation with respect to services provided tion— means the Federal Trade Commission. by such foreclosure consultant in connection (A) shall be treated as void; and (2) FORECLOSURE CONSULTANT.—The term with the foreclosure of residential real prop- (B) may not be enforced by any Federal or ‘‘foreclosure consultant’’— erty; or State court or by any person. (A) means a person who makes any solici- (5) acquire any interest, directly or indi- (2) ATTEMPT TO OBTAIN A WAIVER.—Any at- tation, representation, or offer to a home- rectly, in the residence of a homeowner with tempt by any person to obtain a waiver from owner facing foreclosure on residential real whom the foreclosure consultant has con- any homeowner of any protection provided property to perform, for gain, or who per- tracted. by this section or any right of the home- forms, for gain, any service that such person (b) CONTRACT REQUIREMENTS.— owner under this section shall be treated as represents will prevent, postpone, or reverse (1) WRITTEN CONTRACT REQUIRED.—Notwith- a violation of this section. the effect of such foreclosure; and standing any other provision of law, a fore- (3) CONTRACTS NOT IN COMPLIANCE.—Any (B) does not include— closure consultant may not provide to a contract that does not comply with the ap- (i) an attorney licensed to practice law in homeowner a service related to the fore- plicable provisions of this title shall be void the State in which the property is located closure of residential real property— and may not be enforceable by any party. who has established an attorney-client rela- (A) unless— SEC. 2804. WARNINGS TO HOMEOWNERS OF tionship with the homeowner; (i) a written contract for the purchase of FORECLOSURE RESCUE SCAMS. (ii) a person licensed as a real estate such service has been signed and dated by (a) IN GENERAL.—If a loan servicer finds broker or salesperson in the State where the the homeowner; and that a homeowner has failed to make 2 con- property is located, and such person engages (ii) such contract complies with the re- secutive payments on a residential mortgage in acts permitted under the licensure laws of quirements described in paragraph (2); and loan and such loan is at risk of being fore- such State; (B) before the end of the 3-business-day pe- closed upon, the loan servicer shall notify (iii) a housing counseling agency approved riod beginning on the date on which the con- such homeowner of the dangers of fraudulent by the Secretary; tract is signed. activities associated with foreclosure. (iv) a depository institution (as defined in (2) TERMS AND CONDITIONS OF CONTRACT.— (b) NOTICE REQUIREMENTS.—Each notice section 3 of the Federal Deposit Insurance The requirements described in this para- provided under subsection (a) shall— Act (12 U.S.C. 1813)); graph, with respect to a contract, are as fol- (1) be in writing; (v) a Federal credit union or a State credit lows: (2) be included with a mailing of account union (as defined in section 101 of the Fed- (A) The contract includes, in writing— information; eral Credit Union Act (12 U.S.C. 1752)); or (i) a full and detailed description of the (3) have the heading ‘‘Notice Required by (vi) an insurance company organized under exact nature of the contract and the total Federal Law’’ in a 14-point boldface type in the laws of any State. amount and terms of compensation; English and Spanish at the top of such no- (3) HOMEOWNER.—The term ‘‘homeowner’’, (ii) the name, physical address, phone num- tice; and with respect to residential real property for ber, email address, and facsimile number, if (4) contain the following statement in which an action to foreclose on the mortgage any, of the foreclosure consultant to whom a English and Spanish: ‘‘Mortgage foreclosure or deed of trust on such real property is notice of cancellation can be mailed or sent is a complex process. Some people may ap- filed, means the person holding record title under subsection (d); and proach you about saving your home. You to such property as of the date on which such (iii) a conspicuous statement in at least 12 should be careful about any such promises. action is filed. point bold face type in immediate proximity There are government and nonprofit agen- (4) LOAN SERVICER.—The term ‘‘loan to the space reserved for the homeowner’s cies you may contact for helpful information servicer’’ has the same meaning as the term signature on the contract that reads as fol- about the foreclosure process. Contact your

VerDate Aug 31 2005 02:33 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.014 S25JNPT1 jbell on PROD1PC69 with SENATE S6140 CONGRESSIONAL RECORD — SENATE June 25, 2008 lender immediately at [llll], call the De- nothing in this subsection shall prevent the cerns that we are grappling with today. partment of Housing and Urban Development chief law enforcement officer, or an official While I recognize the need to update Housing Counseling Line at (800) 569–4287 to or agency designated by a State, from exer- and strengthen these standards, I be- find a housing counseling agency certified by cising the powers conferred on the chief law lieve that we need to be mindful of that the Department to assist you in avoiding enforcement officer or such official by the foreclosure, or visit the Department’s Tips laws of such State to conduct investigations structure, and rely upon it as part of for Avoiding Foreclosure website at http:// or to administer oaths or affirmations, or to the effort to reform the appraisal proc- www.hud.gov/foreclosure for additional as- compel the attendance of witnesses or the ess. sistance.’’ (the blank space to be filled in by production of documentary and other evi- The appraisal is a key component in the loan servicer and successor telephone dence. ensuring sound underwriting both for numbers and Uniform Resource Locators (4) LIMITATION.—Whenever the Federal banks and the consumer. I believe that (URLs) for the Department of Housing and Trade Commission has instituted a civil ac- the key concept of appraisal independ- Urban Development Housing Counseling Line tion for a violation of section 2803 or 2804, no ence is laudable and although incor- and Tips for Avoiding Foreclosure website, State may, during the pendency of such ac- respectively). tion, bring an action under this section porated into Federal banking regula- SEC. 2805. CIVIL LIABILITY. against any defendant named in the com- tion, perhaps this construct needs to be (a) IN GENERAL.—Any foreclosure consult- plaint of the Commission for any violation of strengthened. ant who fails to comply with any provision section 2803 or 2804 that is alleged in that Our goal should be to ensure that a of section 2803 or 2804 with respect to any complaint. standard exists that avoids inconsist- other person shall be liable to such person in SEC. 2807. LIMITATION. encies, provides stronger consumer pro- an amount equal to the greater of— No violation of a prohibition described in tection, and protects the safety and (1) the amount of any actual damage sus- section 2803 or a failure to comply with any soundness of lending institutions. I be- tained by such person as a result of such fail- provision of section 2803 or 2804 shall provide ure; or grounds for the halt, delay, or modification lieve that as a wake-up call to the reg- (2) any amount paid by the person to the of a foreclosure process or proceeding. ulators that their standards must be foreclosure consultant. SEC. 2808. PREEMPTION. revamped and their enforcement (b) CLASS ACTIONS PROHIBITED.—No Federal Nothing in this title affects any provision stepped up. court may certify a civil action under sub- of State or local law respecting any fore- Mr. DODD. I thank my colleague and section (a) as a class action under rule 23 of closure consultant, residential mortgage agree with him on several fronts. The the Federal Rules of Civil Procedure. loan, or residential real property that pro- first is that I commend Attorney Gen- SEC. 2806. ADMINISTRATIVE ENFORCEMENT. vides equal or greater protection to home- eral Cuomo for his aggressive pursuit (a) ENFORCEMENT BY FEDERAL TRADE COM- owners than what is provided under this in ferreting out fraudulent appraisal MISSION.— title. practices. Law enforcement has said re- (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— APPRAISAL STANDARDS peatedly that unscrupulous appraisers A violation of a prohibition described in sec- Mr. SHELBY. Madam President, I tion 2803 or a failure to comply with any pro- are the ‘‘enablers’’ of mortgage fraud. rise to engage Senator DODD in a col- vision of section 2803 or 2804 shall be treated Appraisers, seeking new business, are loquy discussing the amendment of- as a violation of a rule defining an unfair or eager to ‘‘hit the number’’ needed to fered by Senator DOLE concerning ap- deceptive act or practice described under make sure a mortgage is approved. If praisal standards. I would like to ac- section 18(a)(1)(B) of the Federal Trade Com- they fail to give the lenders and bro- mission Act (15 U.S.C. 57a(a)(1)(B)). knowledge the distinguished Senator kers the appraisal needed to close the (2) ACTIONS BY THE FEDERAL TRADE COMMIS- from North Carolina for her efforts in loan, they simply don’t get any more SION.—The Federal Trade Commission shall crafting this amendment. referrals from those lenders. As a re- enforce the provisions of sections 2803 and In December of last year, Attorney sult, appraisers were inflating their es- 2804 in the same manner, by the same means, General Cuomo of New York, along and with the same jurisdiction, powers, and timates of house value, adding to the with Fannie Mae, Freddie Mac and duties as though all applicable terms and frenzy that created the housing bubble. OFHEO entered into an agreement to provisions of the Federal Trade Commission The guidelines negotiated by Attor- create a mortgage appraiser code of Act (15 U.S.C. 41 et seq.) were incorporated ney General Cuomo with Fannie and conduct. I applaud the work of the at- into and made part of this title. Freddie, and approved by OFHEO, seek (b) STATE ACTION FOR VIOLATIONS.— torney general of New York for being to ensure that this kind of pressure (1) AUTHORITY OF STATES.—In addition to proactive in trying to come up with a cannot be brought to bear on apprais- such other remedies as are provided under code of conduct in order to deal with ers. They are designed to ensure inde- State law, whenever the chief law enforce- some of the problems in the mortgage ment officer of a State, or an official or pendence and address the significant appraisal process. agency designated by a State, has reason to evidence of collusion between lenders believe that any person has violated or is While the ‘‘code of conduct’’ moves things in a positive direction, Fannie and appraisers that Mr. Cuomo uncov- violating the provisions of section 2803 or ered. 2804, the State— Mae and Freddie Mac are secondary (A) may bring an action to enjoin such vio- market players, and the attorney gen- I understand there is great concern lation; eral of New York has authority to deal about the process for the reforms the (B) may bring an action on behalf of its with the conduct that touches upon the attorney general is demanding. I also residents to recover damages for which the State of New York. In order to fully ad- understand that some people don’t like person is liable to such residents under sec- dress the issue and create a unified the new standards which will affect the tion 2805 as a result of the violation; and practices of the lenders that sell their (C) in the case of any successful action standard affecting all mortgage origi- nators, there must be a process involv- mortgages to Fannie and Freddie. under subparagraph (A) or (B), shall be As a result, I agree with my col- awarded the costs of the action. ing all of the appropriate regulatory league that the Federal banking agen- (2) RIGHTS OF FEDERAL TRADE COMMISSION.— authorities including the Federal bank- (A) NOTICE TO COMMISSION.—The State shall ing regulators who participate in the cies have a role in this process. These serve prior written notice of any civil action congressionally authorized Federal Fi- agencies already have regulations in under paragraph (1) upon the Commission nancial Institutions Examination place that set forth appraisal standards and provide the Commission with a copy of Counsel, FFIEC, subcommittee on ap- for their lenders. However, the ap- its complaint, except in any case in which praisal fraud over the past couple of such prior notice is not feasible, in which praisals. This would also provide regu- lated institutions with adequate oppor- years, and the attorney general’s ac- case the State shall serve such notice imme- tion, should serve as a wake-up call to diately upon instituting such action. tunity to participate in the process. (B) INTERVENTION.—The Commission shall The National Bank Act authorizes the regulators that their standards have the right— national banks to engage in mortgage must be revamped and their enforce- (i) to intervene in any action referred to in lending, subject to OCC regulation. ment stepped up. subparagraph (A); Since the early 1990s, each of the Fed- AMENDMENT NO. 4984 WITHDRAWN (ii) upon so intervening, to be heard on all eral banking regulators has had stand- Mr. REID. I ask unanimous consent matters arising in the action; and (iii) to file petitions for appeal in such ac- ards in place that deal with the con- that the Dole amendment be with- tions. duct of mortgage appraisers. These drawn. (3) INVESTIGATORY POWERS.—For purposes standards were put in place to address The PRESIDING OFFICER. Without of bringing any action under this subsection, many of the safety and soundness con- objection, it is so ordered.

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VOTE ON MOTION TO CONCUR Standing Rules of the Senate, hereby move UNANIMOUS CONSENT REQUEST—H.R. 3221 Mr. REID. Madam President, is the to bring to a close debate on the motion to Mr. REID. Madam President, I ask matter now the concurrence in the sub- proceed to Calendar No. 827, H.R. 6304, the unanimous consent that the Senate stitute amendment? FISA Amendments Act of 2008. concur in the amendments of the Sheldon Whitehouse, Patty Murray, Max The PRESIDING OFFICER. That is Baucus, Tim Johnson, Ken Salazar, House—this is on the housing bill— correct. The question is on agreeing to Barbara A. Mikulski, John D. Rocke- striking titles VI through XI to the the motion to concur in the House feller, IV, Herb Kohl, Robert P. Casey, amendment of the Senate; and finally amendment, with amendment No. 4983, Jr., Daniel K. Inouye, Mary Landrieu, that the Senate then disagree to the as amended. Blanche L. Lincoln, Mark L. Pryor, amendments of the House adding a new The yeas and nays have been pre- Dianne Feinstein, Thomas R. Carper, title and inserting a new section to the viously ordered. Joseph Lieberman, Claire McCaskill. amendment of the Senate to H.R. 3221, The question is on agreeing to the The PRESIDING OFFICER. By unan- notwithstanding rule XXII; further motion. imous consent, the mandatory quorum that a managers’ amendment which The clerk will call the roll. call has been waived. has been cleared by the managers and The legislative clerk called the roll. The question is, Is it the sense of the the leaders also be in order. Mr. DURBIN. I announce that the Senate that debate on the motion to The PRESIDING OFFICER. Is there Senator from West Virginia (Mr. proceed to H.R. 6304, the FISA Amend- objection? BYRD), the Senator from New York ments Act of 2008, shall be brought to a Mr. ENSIGN. Madam President, I (Mrs. CLINTON), the Senator from Mas- close? will object. I have been attempting, sachusetts (Mr. KENNEDY), and the Sen- The yeas and nays are mandatory with the Senator in the chair right ator from Illinois (Mr. OBAMA) are nec- under the rule. now, to attach the Clean Energy Tax essarily absent. The clerk will call the roll. Stimulus amendment to the housing Mr. KYL. The following Senator is The assistant legislative clerk called bill and get a vote on it. This is an necessarily absent: the Senator from the roll. amendment that passed on the housing Arizona (Mr. MCCAIN). Mr. DURBIN. I announce that the bill a couple months ago by a vote of 88 The PRESIDING OFFICER (Ms. Senator from West Virginia (Mr. to 8 in a bipartisan fashion in the Sen- CANTWELL). Are there any other Sen- BYRD), the Senator from New York ate. ators in the Chamber desiring to vote? (Mrs. CLINTON), the Senator from Mas- People say: What does this have to do The result was announced—yeas 79, sachusetts (Mr. KENNEDY), and the Sen- with housing? Well, it has several nays 16, as follows: ator from Illinois (Mr. OBAMA) are nec- things to do with housing. There is en- [Rollcall Vote No. 157 Leg.] essarily absent. ergy efficiency built in for new home construction. If somebody wants to up- YEAS—79 Mr. KYL. The following Senator is necessarily absent: the Senator from grade their home with renewable en- Akaka Graham Nelson (FL) ergy products, they can do that with Alexander Grassley Nelson (NE) Arizona (Mr. MCCAIN). Allard Gregg Pryor The PRESIDING OFFICER. Are there the help of tax credits in this amend- Baucus Hagel Reed any other Senators in the Chamber de- ment. It is a good amendment because Bayh Harkin Reid this country is facing an energy crisis Bennett Hatch siring to vote? Roberts The yeas and nays resulted—yeas 80, and gasoline prices are too high; home Biden Hutchison Rockefeller Bingaman Inouye Salazar nays 15, as follows: heating oil is too high; and natural gas Boxer Isakson Sanders has gone up by 70 percent. We need to Brown Johnson [Rollcall Vote No. 158 Leg.] Schumer Cantwell Kerry YEAS—80 have more renewable energy in the Cardin Klobuchar Sessions United States. All we have to do is Akaka Domenici Murkowski Carper Kohl Shelby Alexander Dorgan Murray have a vote on this amendment, and we Casey Landrieu Smith Allard Ensign Nelson (FL) could proceed with the housing bill. Cochran Lautenberg Snowe Barrasso Enzi Nelson (NE) Coleman Specter Mr. DURBIN. Will the Senator yield Leahy Baucus Feinstein Collins Stabenow Pryor for a question? Levin Bayh Graham Conrad Stevens Reed Lieberman Bennett Grassley Mr. ENSIGN. In a moment. I would Corker Sununu Reid Lincoln Bingaman Gregg say in closing that people have said— Craig Roberts Lugar Tester Bond Hagel Dodd Rockefeller we can’t do this. The House of Rep- Martinez Voinovich Brownback Hatch Dole Salazar McCaskill Warner Bunning Hutchison resentatives would object because it Domenici Sessions McConnell Webb Burr Inhofe isn’t ‘‘paid for.’’ Well, there is $2.4 bil- Dorgan Shelby Menendez Whitehouse Cardin Inouye Durbin Smith lion in unoffset tax provisions included Mikulski Wicker Carper Isakson Feingold Snowe in the Dodd/Shelby amendment and a Murkowski Wyden Casey Johnson Feinstein Murray Chambliss Klobuchar Specter large amount of this does not even re- Stabenow NAYS—16 Coburn Kohl late to housing. Why should the House Cochran Kyl Stevens of Representatives accept $2.4 billion Barrasso Coburn Inhofe Coleman Landrieu Sununu Bond Cornyn Kyl Collins Levin Tester worth in tax incentives not paid for Brownback Crapo Thune Conrad Lieberman Thune and object to our clean energy tax pro- Bunning DeMint Vitter Corker Lincoln Vitter visions at the same time? That is an Burr Ensign Cornyn Lugar Voinovich example of why there is inconsistency Chambliss Enzi Craig Martinez Warner in objecting to our amendment being NOT VOTING—5 Crapo McCaskill Webb DeMint McConnell Whitehouse voted on. Byrd Kennedy Obama Dole Mikulski Wicker I yield for a question. Clinton McCain NAYS—15 Mr. DURBIN. Madam President, I The motion was agreed to. Biden Durbin Leahy would like to ask, through the Chair, f Boxer Feingold Menendez the Senator from Nevada if he could Brown Harkin Sanders FISA AMENDMENTS ACT OF 2008— tell me the name of the State that has Cantwell Kerry Schumer had 17 consecutive months leading the MOTION TO PROCEED Dodd Lautenberg Wyden Nation in foreclosures. CLOTURE MOTION NOT VOTING—5 Mr. ENSIGN. Madam President, The PRESIDING OFFICER. Under Byrd Kennedy Obama there is no question that the whole the previous order, pursuant to rule Clinton McCain country is facing a housing crisis and XXII, the clerk will report the motion The PRESIDING OFFICER. On this it is not just housing; it actually is to invoke cloture. vote, the yeas are 80, the nays are 15. leading to a liquidity problem, and my The legislative clerk read as follows: Three-fifths of the Senators duly cho- State like others has experienced dif- CLOTURE MOTION sen and sworn having voted in the af- ficulties. I wish to solve this problem, We, the undersigned Senators, in accord- firmative, the motion is agreed to. and improve this bill with the Clean ance with the provisions of rule XXII of the The majority leader is recognized. Energy Tax Stimulus amendment——

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.067 S25JNPT1 jbell on PROD1PC69 with SENATE S6142 CONGRESSIONAL RECORD — SENATE June 25, 2008 Mr. REID. Madam President, regular cause I like the bill, but I think it is Alliance for Retired Americans, Alz- order. very important that there be an oppor- heimer’s Association, American Academy of The PRESIDING OFFICER. Is there tunity to offer amendments on it. Sen- Audiology, American Academy of Derma- tology, American Academy of Otolaryn- objection? ator BOND and Senator ROCKEFELLER gology, American Academy of Ophthal- Mr. ENSIGN. I object. recognize that and know they would mology, American Association for Geriatric The PRESIDING OFFICER. Objec- also feel it appropriate to have amend- Psychiatry, American Association for tion is heard. ments on this legislation, but right Homecare, American Association of Nurse Mr. REID. Madam President, I have now it appears we are not going to Anesthetists, American College of Cardi- been very patient while my dear friend, have that opportunity. FISA enjoys ology, American College of Physicians, the junior Senator from Nevada, has support from both sides of the aisle. It, American College of Radiology, American talked about this. Here is the situation too, could be easily dealt with before College of Osteopathic Internists, American in which we find ourselves. Everyone the Fourth of July recess. All these College of Surgeons, American Counseling Association, American Clinical Laboratory knows we have an extenders package. I bills are critical to the health, safety, Association, American Federation of State, have a letter on my desk that has been and well-being of the American people. County and Municipal Employees, American spread on the RECORD previously—218 With thousands of American families Heart Association/American Stroke Associa- House Members have signed it—saying losing their homes every day—8,500 tion, American Hospital Association, Amer- the House will not accept anything new foreclosures every day—and mil- ican Medical Association. that is not paid for on the extenders. lions more facing the shockwaves of American Mental Health Counselors Asso- We have a letter that is now also a part abandoned properties and falling eq- ciation, American Optometric Association, uity—and sometimes rapidly falling eq- American Psychological Association, Amer- of the RECORD, more than 400 compa- ican Society of Anesthesiologists, American nies, most of them Fortune 400 compa- uity—it is important we act quickly. Society of Plastic Surgeons, Association for nies, say it is very important to pass This housing legislation raises limits Community Affiliated Plans, American Os- the extenders legislation paid for. We on Federal home loans; it creates a pri- teopathic Association, California Medical also had a statement in The Hill news- vately funded program to help dis- Association, Center for Medicare Advocacy, paper yesterday, where the National tressed homeowners; it modernizes the Clinical Social Work Association, Federation Association of Manufacturers said: Federal Housing Authority to keep of American Hospitals, Food Marketing In- Why can’t they pass this bill? It is very pace with the current housing condi- stitute, Kidney Care Partners, Leadership tions; and it provides foreclosure coun- Council of Aging Organizations, Medical important to pass the extenders. It is Group Management Association, Medicare the most important thing the manufac- seling moneys to families in need. This housing legislation enjoys over- Rights Center, Mental Health America, Na- turers need in the country. tional Association of Anorexia Nervosa and We have a situation where there was whelming bipartisan support. There is Associated Disorders, National Association an agreement made on this bill, the no reason we shouldn’t pass this legis- of Chain Drug Stores, and National Associa- housing bill. The agreement was that lation. tion of State Mental Health Program Direc- they would be related to housing. With On FISA, I recognize that Members tors. all due respect, everyone knows the of the House and Senate have worked National Committee to Preserve Social Se- hard for 3 months to come up with curity and Medicare, National Community matter relating to the extenders that Pharmacists Association, National Council my dear friend from Nevada talks these improvements. Some of my Democratic colleagues will support a on Aging, National Rural Health Associa- about has—you have to stretch a lot to tion, Society of Gynecologic Oncologists, So- FISA compromise. I respect their deci- have it related to housing. Why would ciety of Hospital Medicine and Suicide Pre- we want to send something to the sion. Even though I may disagree with vention Action Network USA (SPAN USA). House and have them send it back to the majority of the Senate, I have an Mr. REID. Madam President, it is obligation, as I said last night, to do us? We have a situation on the housing legislation that every State in the everything I can to move this forward. bill that Senator GRASSLEY and Sen- Union is calling us about, their Gov- We should be able to do that this week. ator BAUCUS are going to take care of— The Medicare bill, also known as the ernors and other representatives, to the pay-fors. That is all part of the doctors’ fix, passed by a stunning 355- please take care of this. That is what deal, and everyone knows that. to-59 vote in the House of Representa- we need to do. Are we doing this to This is a situation where Senator tives—355 to 59. Republican leaders in take care of the doctors? Partially, SHELBY and Senator DODD have worked the House openly supported this legis- yes, but the other reason we are doing very hard, and not only have they been lation or they wouldn’t have gotten a it is we are doing it to preserve Medi- working with the House, but they have vote such as that. This legislation will care. If we do not do this, there will be been working with the White House on both help Medicare beneficiaries and more doctors who drop out of taking this housing bill. head off the looming cuts facing doc- care of Medicare patients. Let’s look at where we are. The Sen- tors in many different ways. This bill What does that mean? It also means ate has turned this week to a number was very similar to a bill drafted by there will be other people who are re- of issues. We have had four main bills: imbursed by insurance companies and Senator BAUCUS and supported by Housing, FISA—the Foreign Intel- every Senate Democrat and nine Re- other health care providers who base ligence Surveillance Act—Medicare fix, publicans in the Senate earlier this their reimbursement on what Medicare which is important to do; and the sup- month. It represents the only chance pays. So we have to do this fix. It is not plemental appropriations bill. As of this body has to head off cuts to doc- only to take care of the doctors, it is to this minute, we haven’t passed any of tors before they take effect at the end take care of patients and Americans those because there have been contin- of the month. There is no reason we from one end of this country to the ued objections from the minority. can’t pass the Medicare doctors’ fix other. Now, there is no need to whip out a this week. Finally, we have a supplemental ap- Velcro chart about the number of fili- Who supports this legislation? AARP, propriations bill. I would hope we could busters we have had, but that is the the American Medical Association, the pass that before the Fourth of July re- reason we are in the position we are in American Cancer Society, the Amer- cess. It is an emergency supplemental. today, because we have this great big ican Hospital Association, the National We know it funds the war fighting. No funnel of legislation that needs to get Committee to Preserve Social Secu- matter how people feel about the done and now we have the little spout rity, the National Council on Aging, money that has gone to pay for this and that spout is the Fourth of July and dozens more—dozens more. war, costing us in Iraq alone $5,000 and it is hard to stuff everything into I ask unanimous consent that a full every second, I would hope everyone that. So we have a situation now where list of the scores of other organizations understands we are not going to vote there is no reason why housing, the be printed in the RECORD that support on the war funding in this measure Medicare fix, the supplemental appro- this Medicare fix—fixing it now. It has that is before us now. But we have priations bill can’t be passed in the to be done before the end of the month. other things we have to vote on or the next couple days. There being no objection, the mate- war funding would not come forward, We have all talked about FISA. I rial was ordered to be printed in the and that is important issues such as voted on the motion to proceed, not be- RECORD, as follows: the GI bill of rights and unemployment

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.075 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6143 compensation extension which States So that is the best I can do. I am not The PRESIDING OFFICER. The Sen- are drastically in need of. upset with anyone. It has been an in- ator is correct. It does other good things. There is teresting day, but it is a day that fo- The Senator from Connecticut is rec- money in here as a result of the floods cuses attention on the work we need to ognized. that have taken place. That is impor- do. I haven’t even mentioned the FAA Mr. DODD. Mr. President, briefly, I tant. There are Medicaid fixes. Out of extension. We have to do that some want to thank our colleagues. I thank the seven regulations that are causing way. We tried to do that, and that was the majority leader for his tremendous a problem with every Governor in objected to. We have this global AIDS help in getting us this far on the hous- America, six of them will be repealed bill the President wants to do. I had a ing bill. We have worked together, and by this legislation. So there is no rea- good conversation with Senator ENZI a we would not have been this far with- son that we can’t do this legislation. few minutes ago, and he said he had out the cooperation of the minority I have said repeatedly we can pass all three people who were objecting to leader as well. So I thank Senator four of these bills this week. We can do that. He has taken care of two of them MCCONNELL for that. I am grateful for them tomorrow, as a matter of fact. today. He is going to deal with the my colleagues to let us get cloture. Be- But as with everything else we try to other one tomorrow. I hope, in fact, fore we leave here—and the Presiding accomplish around here in a closely di- that is the case. So there is a lot of Officer knows how important this leg- vided Senate, passing them will require work we need to do, and I hope we can islation is to our States—if we can get the cooperation of Members from both do it. But everyone should understand this done, I cannot think of a better sides of the aisle. message to send to the country than The filibuster chart is now up to 78. we are not walking out of here at 2 having Democrats and Republicans Of course, this is an alltime record for o’clock tomorrow. If this means we come together to make a difference to obstructionism. I have said our Repub- have to stay until after midnight to lican colleagues, on occasion, have file cloture on various things, we will thousands of constituents who, over acted Orwellian this year; they say one do that. We have work we have to do the next week and a half, will be in thing and do another. I guess today is for the American people. foreclosure and in danger of losing an appropriate day to say this because The PRESIDING OFFICER. The Re- their homes. it is George Orwell’s birthday today. publican leader is recognized. I am grateful for the vote we just had He would be 105 today. Mr. MCCONNELL. Madam President, on the Dodd-Shelby substitute. There So I would hope everyone under- let me brighten our day and lift the are other hurdles to go because of the stands there will be no going home to- mood of my good friend, the majority way this matter was sent to us. Any in- morrow unless we complete the things leader. I think by any standard this is dividual Senator can drag this out fur- we are obligated to the American peo- going to be a week of considerable bi- ther. Given the overwhelming vote we ple to complete. Now, some say, well, partisan accomplishment for the Amer- have had, it seems to me it would be in that may mean we are going to have to ican people. We have a great likelihood our interest to try to get to the other be here Saturday. Yes, it may mean we of completing the supplemental. As ev- amendments that remain and make have to be here Saturday because that eryone knows, the war portion of the this bill as supportive as we can in rec- is the way it is, and if we can’t com- supplemental, we don’t even have to ognition of what the other body has plete our work by Saturday, then we vote on again. The only thing we will done, with the hopes that the President can continue our work. It wouldn’t be be voting on, again, on the supple- might even have this on his desk for the first time in the history of this mental are the domestic parts of it signature while we are back in our country that important legislation was that are widely supported on both sides States during the Independence Day worked on during a holiday. Now, the of the aisle. holiday. I think we can do it if we real- Fourth of July doesn’t come until next We all agree we need to do the so- ly want to. It is not that much of a dif- Friday or Saturday, a week from the called docs’ fix. There is some dif- ference that remains. As long as one or day after tomorrow. So we may have to ference of opinion about exactly how to two individuals insist that we go work here. Everyone should understand craft that. Senator BAUCUS and Sen- through all of the remaining proce- that. Everyone has obligations. I do. I ator GRASSLEY have a history of being dural hoops, they can delay the out- don’t get to go home as much as a lot able to come together and work these come. The outcome will happen. Unfor- of people. I would love to be able to go things out in a way that makes sense tunately, their delays will cause others home on Friday, but we may not be for both sides. who might otherwise have been helped able to. We have to, in my opinion, The FISA bill enjoys almost, I as- by this bill to possibly lose their complete the supplemental appropria- sume, unanimous support on this side homes. I think that is tragic indeed. tions. That is extremely important. We of the aisle and more than half the I hope the leadership will prevail have to complete the Medicare legisla- votes on the other side of the aisle. upon those Senators to allow us to con- tion before we go. If we can complete There is no reason we would not get tinue the amendment process, get FISA, I am not going to stand in the there on that. through the hurdles, and complete way of that. I think we should do that As the majority leader has pointed work on this bill before we leave. too. It appears now, realistically, with out, at some point along the way, the I suggest the absence of a quorum. this objection to the housing bill, it ap- cobwebs and trip wires and other prob- The PRESIDING OFFICER. The pears very clear to me that is going to lems the housing bill has run into will clerk will call the roll. take more time, and we will not be able be circumvented by the majority and The assistant legislative clerk pro- to do it by the day after tomorrow, but we will get to final passage on a piece ceeded to call the roll. we are going to complete it. We have of legislation that the vast majority of Mr. GRASSLEY. Mr. President, I ask gone too far to do that. I tell all those people on both sides of the aisle think unanimous consent that the order for people who are objecting to our com- is important. the quorum call be rescinded. pleting this housing legislation: We So I finish today with optimism The PRESIDING OFFICER. Without will complete it. It may not be tomor- about the chances of considerable ac- objection, it is so ordered. row, it may not be Friday, it may have complishment for the American people Mr. GRASSLEY. Mr. President, I ask to wait until the first week we get before the week is out. unanimous consent to speak for a few back. I understand the procedural as- I yield the floor. minutes as in morning business. pects of that. It could require two more Mr. REID. Mr. President, it is my un- The PRESIDING OFFICER. Without cloture votes, but two more cloture derstanding that the business before objection, it is so ordered. votes would only bring us to 80. We the Senate is the postcloture time on CORPORATE RESPONSIBILITY IN IOWA have worked through more difficult the FISA legislation; is that correct? Mr. GRASSLEY. Mr. President, I things than that. We have a relatively The PRESIDING OFFICER (Mr. want to address an issue of corporate short work period in July, and it is CASEY). Yes, we are on the motion to responsibility, particularly as it re- guaranteed that we will do—we will proceed to H.R. 6304. lates to my hometown of New Hartford, complete the work on the housing bill Mr. REID. Yes, that is the FISA leg- IA, and the flood that recently took the first week we get back. islation. place there, and whether a large chain

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.076 S25JNPT1 jbell on PROD1PC69 with SENATE S6144 CONGRESSIONAL RECORD — SENATE June 25, 2008 of convenient stores that is If they don’t see the value in rebuild- poration serving the Midwest, the headquartered across Wisconsin is ing in New Hartford, why should the Kwik Star Corporation, and tell them going to take the corporate responsi- residents have any hope? These folks that New Hartford is worthy of a con- bility of continuing to serve a small are doing everything they can to bring venience store. Our residents deserve town that has been devastated by a their properties back from this dis- Kwik Star’s commitment to the com- flood. aster, to rebuild our hometown, and munity. They need to know that a It has been a tough and challenging Kwik Star is leaving them high and dry company they have depended on and time for Iowans over the past few during this time of devastation. they have done business with for over weeks. I have come to the floor on a It is not just the emotional pain of 20 years will reverse this decision and few occasions already to update my their decision that hurts the people of join them in bringing New Hartford colleagues on the natural disasters New Hartford, IA; it is also economic back from disaster. that have hit Iowa so hard. because Kwik Star employed 15 people IOWA FLOODING Tornadoes and floods have caused before the flood. Three full-time em- Mr. President, I want to take a mo- economic and emotional toil and pain ployees—Deana Ackerson, Brenda ment to provide another update on the and have, sadly, taken 24 lives across Smith, and Barb Harper—have each flooding in Iowa. As you are aware, the Midwest. worked for Kwik Star for many years. Iowa is in the middle of a crisis. Across Just a mile from my farm is the town Twelve other employees—Cindy the State, floods have devastated of New Hartford, where I have lived my Huberg, John Mulder, John Anderson, homes, businesses, farms, and commu- entire 74 years. It is a modest town of Matt Winkelman, Rich Moore, Teresa nities, and that continues. about 650 people. On May 25, the north Peverill, Carol Grooms, Lauri and I have been traveling back and forth edge of the town suffered extensive Roger Palmersheim, Mitch Konken, to Iowa to see the catastrophic dam- damage from a tornado. Pam Hargema, and Heather age, and I have been anguished to see That same tornado destroyed half the Hugelucht—depended on Kwik Star for my fellow Iowans suffering. People are town of Parkersburg, IA, just 10 miles employment as well. hurting, and it will take a long time west of my hometown of New Hartford, The bottom line is that the residents and a lot of hard work just to get back and continued damaging towns over a of New Hartford are clinging to their 43-mile range, including Dunkerton and to normal. hope that the town will come back However, in the midst of this devas- Hazleton, as that tornado traveled even stronger than before these disas- tation, I have also witnessed incredible east. ters. They are using that hope to get Then came the floods. The town and examples of the spirit of Iowa. I have residents of New Hartford were dev- through this. seen Iowans come together in commu- But Kwik Star is dashing that hope. astated by the flood waters of what we nities across the State sandbagging, Kwik Star is telling them that their call Beaver Creek. Much of the town’s consoling, sharing, and providing a town no longer deserves a gas station homes and businesses suffered damages helping hand to neighbors and strang- and convenience store. One flood is all from the floods. ers alike. This spirit of dedication, a But Iowans are resilient people. The that this big corporation can seem to natural inclination to put others before residents and the entire community handle. If you want gas, milk, or bread, self, is what makes me most proud to are pulling together to help their you will have to drive 10 miles to get it call myself an Iowan. neighbors get back on their feet. in a new, refurbished store that is I cannot talk about the spirit of Iowa But one resident is abandoning the twice as large. without talking about the dedication people of New Hartford. Kwik Star has I can tell them that in another town, and efforts of our police, fire, emer- announced that the only convenience just 15 miles away, they had a flood, gency medical services, National Guard gas store in town will not be rebuilt. and they had two stores in that town. forces, and the Civil Air Patrol. These The decision by Kwik Star to not re- One of the two stores in Waverly was first responders are the frontline of de- open their store is a serious setback for flooded, but they are going to rebuild fense for all Iowans. These selfless indi- the town of New Hartford. that store. I don’t understand this. I viduals come to the aid of all Iowans, These folks have endured a tornado am working for tax changes, which is putting duty first to help others defend and a damaging flood, but they are the very same thing we did for Katrina their homes, livelihoods, and lives. working to rebuild, pull themselves to- in New Orleans, and with the help of They do this without thinking twice gether, and somehow get their lives Senator BAUCUS and Congressman RAN- and put others’ lives before their own. back to normal. GEL, chairman of the House Ways and They have worked tirelessly to build But the one gas station and conven- Means Committee, we are working to levees, to sandbag, to secure dangerous ience store will not be around to help enact tax relief for victims of natural areas, and to make water rescues. They with that rebuilding. They view the disasters similar to what was done to have suffered loss, just as all Iowans damage to their facility as too great, the victims of the hurricane. I hope have; but they never waiver and they too daunting to overcome. This news this will encourage Kwik Star to stay always continue to come to the aid of has added another devastation to the in New Hartford. others. residents of the community. We get the This includes expensing for demoli- For instance, police and fire stations story: Well, we will not rebuild in New tion and cleanup of debris. Another across the flood zone have been dam- Hartford. We will put one double the major provision would allow additional aged or destroyed. News reports have size of that one in Parkersburg, so then depreciation to greatly reduce or elimi- documented how the fire station in Co- all the people in New Hartford can nate the business tax liability for the lumbus Junction, IA, was under 10 feet drive 10 miles to get whatever they current year, including an operating of water. Other reports point to devas- would get in their local community. loss carryback, as an example, for 5 tation of police, fire, and EMS facili- This is a large chain of convenience years, which ought to be plenty of in- ties across the State, including the sec- stores. I am begging for corporate re- centive for these businesses to con- ond largest city in our State, Cedar sponsibility, to continue to serve the tinue in the communities where they Rapids. Despite this, first responders community. And, particularly, don’t work. still continue to provide security and ditch people when they are most in In the case of the floods, we are talk- to help communities in distress. Their need. ing about 250 different communities in efforts are nothing short of heroic. Well, their decision doesn’t sit well eastern Iowa, just as an example; and, It is not just local police, fire, EMS with the residents of New Hartford. As in addition, Wisconsin, Illinois, and In- personnel who are helping out. Law en- you can tell, it doesn’t sit well with diana—and now it looks as though it is forcement officers with the Iowa State me. going to cover Missouri as well. Patrol and from other agencies across As the residents are cleaning up their I am pushing these provisions to help the State have come to the flood zone homes, parks, and businesses, Kwik businesses such as Kwik Star cope with to lend a helping hand. Star has decided to abandon them. the cost of damage and rebuilding. Some have come from out of State. Kwik Star is hurting my neighbors and Mr. President, I am here to appeal to For instance, Coast Guard rescue friends emotionally and economically. this major convenience store and cor- teams based out of St. Louis came to

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.069 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6145 provide search and rescue. State troop- As the floodwaters start to recede period of morning business, with Sen- ers and police officers from Nebraska and Iowa moves toward rebuilding, the ators permitted to speak for up to 10 and Minnesota have helped the Cedar responsibility of public safety will still minutes each, with the time counting Rapids Police Department keep the be on the shoulders of our first re- postcloture. city secure as the floodwaters recede sponders. These capable men and The PRESIDING OFFICER. Without and cleanup begins. women who serve in law enforcement, objection, it is so ordered. I appreciate the sacrifice and dedica- fire departments, EMS, the National f tion these folks have made to help Guard, and in hospitals across the RECOGNIZING THE RETIREMENT Iowa in its time of need. State need all the resources we can OF GLORIA HUGHES But it does not stop there. The Iowa provide them in this time of need. We National Guard has deployed over 4,000 have a responsibility to make sure Mr. REID. Mr. President, I rise today of their members across the State, pro- they are equipped for the job and any to recognize and honor Ms. Gloria viding vital manpower to assist local future natural disasters we have. Hughes for her committed service to communities. They have used their That is why I led the Iowa congres- Nevada. Ms. Hughes will be retiring on skills and training to help meet numer- sional delegation in writing to Federal June 30, 2008, after over three decades ous local needs. They have helped with agencies, such as the Department of of service in the Mineral County Asses- sandbagging, shoring up levees, saving Homeland Security and the Depart- sor’s office. homes and businesses, and they have ment of Justice, asking that deadlines Ms. Hughes began her service in 1973 secured bridges and patrolled levees. for law enforcement and first responder as a deputy clerk. She then served as They have been assisting local law en- grant programs be extended for com- deputy assessor, senior deputy asses- forcement with security. They have munities impacted by the flooding. sor, and chief deputy assessor. In 1994, distributed clean drinking water to Communities in Iowa should not be she was elected to her first of four communities that have no running penalized from receiving grants be- terms as assessor. water and provided generators to those cause they have not had the time to As sssessor of Mineral County, Gloria without power. hurry up and beat a deadline that does has worked tirelessly to improve the The National Guard has also provided not take into consideration such nat- quality and efficiency of her office, air support via helicopters to support ural disasters. These communities never losing heart when she encoun- the assessment of damage and trans- should be given special consideration tered obstacles. For example, Gloria portation of vital equipment. The list for applying for grant moneys because won a 12 year battle to obtain an office of needs met by our Iowa Guardsmen of the extensive damage. vehicle, which helps the staff fulfill goes on and on, and their dedication Programs such as the Assistance to their appraisal duties throughout rural knows no bounds. Mineral County. Ms. Hughes’ realiza- In fact, one Iowa Guardsman, Na- Firefighters and the Staffing for Ade- tion of this goal and others like it en- tional Guard SPC Curtis L. White, had quate Fire and Emergency Response sured that her office was consistently to change his wedding plans when he Firefighters can provide vital assist- the best it could be. Indeed, the State was deployed in support of the flood ef- ance to fire departments that were im- department of taxation repeatedly fort. He married his wife Daniele on pacted by the flooding. These depart- gave the Mineral County Assessor’s of- Thursday, June 19, on the viaduct on ments may need new equipment, ra- fice perfect marks in every category of the corner of Highway 92 and 2nd dios, computers, and repairs to their methods and procedures of tax assess- Street in Columbus Junction where he fire stations. These grants can provide ment. had been assisting with the flood oper- that assistance. True to her nature, Ms. Hughes ex- ations. I thank him, his new wife, and Further, programs such as the Ed- presses regret that she will not be able his fellow Iowa National Guard soldiers ward Byrne Memorial Justice Assist- to see all of her goals for Mineral Coun- and airmen for their sacrifices and ance Program, called Byrne/JAG, as we compassion for their fellow Iowans. all know it around here, and the Com- ty realized, but is optimistic that the I also thank those in the Iowa wing munity Oriented Policing Services, and dedicated employees she leaves behind of the Civil Air Patrol who flew Sen- we refer to that as the COPS Program, will fulfill them when the time is right. ator HARKIN and this Senator around can also provide these same types of re- Gloria will be missed by her employ- the State to view the impacted areas. sources to police departments in need. ees—whose best interests she worked The Civil Air Patrol also flew photo Iowans will soon be facing a long for ceaselessly—and the citizens of missions to examine the extent of process toward rebuilding. It will not Mineral County who were the fortunate flooding. I commend the Civil Air Pa- be easy. However, I am proud to say beneficiaries of her fervent commit- trol for their dedication. that I know Iowans will be helping oth- ment to her job, her county, and her Finally, I thank the men and women ers to rebuild in the Iowa spirit of hard state. across the State who are serving in work and generosity. We in Congress I am grateful to Ms. Hughes for her hospitals, emergency rooms, long-term are doing all we can on our end to en- service and proud to honor her and her care facilities, community health cen- sure that first responders in the field achievements. ters, home health agencies, and hos- have the resources they need. f pices. Many of these people lost their So I applaud, maybe now a third or RECOGNIZING THE RETIREMENT homes to flooding, and yet they still fourth time but you cannot do it too OF BOB STOLDAL showed up at work to do the right many times, these brave men and thing. They are to be commended for women who serve their communities Mr. REID. Mr President, I rise today those efforts. and carry on the spirit of Iowa. to recognize Bob Stoldal, a legend in I know these folks were on the front- I yield the floor and suggest the ab- Nevada news and the Las Vegas com- line working to evacuate patients from sence of a quorum. munity for more than 40 years. Mr. places such as Mercy Medical Center in The PRESIDING OFFICER. The Stoldal’s first experience in a news of- Cedar Rapids as floodwaters rose. When clerk will call the roll. fice came in 1960, working for the Las this happened, facilities such as Saint The assistant legislative clerk pro- Vegas Review Journal—first as a jan- Luke’s Hospital in the same city and ceeded to call the roll. itor, then as a typesetter. In the next others nearby jumped up without hesi- Mr. REID. Mr. President, I ask unan- year he was hired by KLAS radio as a tation to take in these displaced hos- imous consent the order for the graveyard-shift radio disk jockey, pital patients. quorum call be rescinded. where he was known to his listeners as We cannot forget the hard work and The PRESIDING OFFICER. Without Bob Free. dedication of our health care profes- objection, it is so ordered. Over the past five decades, Mr. sionals during this crisis, and as they f Stoldal has worked as a reporter, an- are on the road to recovery. With peo- chor, news director, and vice president ple such as these, I have no doubt that MORNING BUSINESS of news for KLAS. He was the first ever facilities such as Mercy Medical Center Mr. REID. Mr. President, I ask unan- general manager of Las Vegas One and will be fully operational in no time. imous consent the Senate proceed to a held that position for the past 10 years.

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.070 S25JNPT1 jbell on PROD1PC69 with SENATE S6146 CONGRESSIONAL RECORD — SENATE June 25, 2008 Bob’s dedication to accuracy in Layton had on those lucky enough to United States and of deep concern to media content and high ethical stand- know him. His memory will live on me personally, having traveled to the ards in broadcast journalism have de- long past his years through the many region on several occasions. fined his career. He demands journal- lives he touched. I do not think that we can overesti- istic excellence and integrity from Today, I join Layton’s family and mate the scale of the humanitarian himself and those who work for him. friends in mourning his death. Layton challenges facing Somalia. At least a Bob’s demand for excellence has earned will forever be remembered as a son, million people were uprooted during KLAS countless national and regional brother, and friend to many. He is sur- fighting between the Transitional Fed- awards and recognitions. vived by his parents Donald and Lynne eral Government and Islamic insur- Besides upping the ante for Nevada Shingledecker Crass; his sister Dusty gents last year, and their plight has be- journalism, Bob Stoldal has impacted Nichole Throop and her husband Nich- come graver because of record food the field on a national level. Mr. olas; his brother Devin James Crass prices, drought, and hyperinflation. Stoldal has been a staunch advocate and his wife Megan Elizabeth; his neph- The 250,000 Somalis in a small corridor for cameras in courtrooms and pio- ew, Brenton Isaiah Throop; and his outside Mogadishu is now considered neered the charge to allow cameras in grandparents, Mary Ann and Bob the largest camp of internally dis- southern Nevada’s courtrooms, adding Coons, Zeb and Darlene Crass and Vir- placed persons in the world. a degree of public scrutiny to our legal ginia Shingledecker. The goal of the international commu- system. While we struggle to bear our sorrow nity has been to support the formation Mr. Stoldal’s dedication to Las Vegas over this loss, we can also take pride in of a viable government of national and his community extends far beyond the example he set, bravely fighting to unity in Somalia to help stabilize the the realm of media. Bob Stoldal has do- make the world a safer place. It is his situation on the ground, and this reso- nated countless hours to the public courage and strength of character that lution is designed to support this goal. good, working on State and local people will remember when they think Nevertheless, we should recall that the boards, commissions, and museums. He of Layton. Today and always, Layton country recently faced the terrible currently serves as chairman of the Ne- will be remembered by family mem- prospect of rule by Islamic extremists vada State Museum and Historical So- bers, friends and fellow Hoosiers as a and that without Ethiopia’s interven- tion, the TFG would not have had this ciety and the Las Vegas Historic Pres- true American hero, and we honor the opportunity to bring some measure of ervation Commission. sacrifice he made while dutifully serv- As a member of the Nevada Broad- stability to the country. ing his country. For its part, Ethiopia eliminated the casting Hall of Fame and the longest As I search for words to do justice in threat of a Taliban-like state taking serving employee of KLAS, Bob Stoldal honoring Layton’s sacrifice, I am re- root on its eastern border and scored a is a legend in the field of journalism; minded of President Lincoln’s remarks major victory in the war on terrorism. his insight, dedication, and integrity as he addressed the families of the fall- And for our part, this accomplishment will be missed by all. I wish him an en- en soldiers in Gettysburg: ‘‘We cannot furthered U.S. interests by helping en- joyable retirement and all the best in dedicate, we cannot consecrate, we sure that the Somali government did his future endeavors. cannot hallow this ground. The brave not threaten or seek to destabilize its f men, living and dead, who struggled neighbors or provide protection for ter- here, have consecrated it, far above our HONORING OUR ARMED FORCES rorists that threaten the United States poor power to add or detract. The and its allies. LANCE CORPORAL LAYTON BRADLY CRASS world will little note nor long remem- While I support the broad goal of sta- Mr. BAYH. Mr. President, I rise ber what we say here, but it can never bility for Somalia and a sustainable today with a heavy heart to honor the forget what they did here.’’ This state- peace, let me be clear on an important life of the brave lance corporal from ment is just as true today as it was point. No Somali government should Richmond, IN. Layton Crass, 22 years nearly 150 years ago, as I am certain include factions with ties to al-Qaida old, died on June 14, 2008, in Farah that the impact of Layton’s actions or al-Shabaab. Province, Afghanistan, from injuries will live on far longer that any record Both groups seek to undermine the sustained while his unit was con- of these words. stability of the TFG, which is the ducting combat operations. He was a It is my sad duty to enter the name internationally recognized government member of the U.S. Marine Corps, Golf of Layton Bradly Crass in the official of Somalia, through violence and in- Company, 2nd Battalion, 7th Marines record of the Senate for his service to timidation. While al-Qaida’s status and from Twentynine Palms, CA. this country and for his profound com- animosity towards the United States Layton graduated from Richmond mitment to freedom, democracy, and has been clear for a long time, we High School in 2005. Outgoing and ac- peace. When I think about this just should also not underestimate the tive in school, Layton also loved cause in which we are engaged and the threat that al-Shabaab also poses to rollerblading, paintball, and com- pain that comes with the loss of our stability in Somalia and the entire re- puters. Public service was a family tra- heroes, I hope that Layton’s family can gion. Indeed, Secretary of State dition for Layton; his father is a vet- find comfort in the words of the proph- Condoleezza Rice designated the group eran and his brother, Donald, serves in et Isaiah, who said, ‘‘He will swallow as a foreign terrorist organization and the U.S. Marines, as well. In high up death in victory; and the Lord God as a specially designated global ter- school, Layton was part of the Rich- will wipe away tears from off all rorist on February 29. mond Police Youth Cadet Program faces.’’ In its assessment of the group’s ac- and, according to his family, surprised May God grant strength and peace to tivities, the State Department explains no one when he enlisted in the Marines. those who mourn, and may God be with the organization scattered leaflets on It had been his ambition since he was all of you, as I know He is with Layton. the streets of Mogadishu warning par- 16 years old. f ticipants in last year’s reconciliation Before his deployment in Afghani- conference that they intended to bomb stan, Layton served an 8-month tour in SOMALIA the conference venue. Al-Shabaab Iraq. Layton never wavered in his com- Mr. BROWNBACK. Mr. President, I promised to shoot anyone planning to mitment to his country or to the rise in support of S. Res. 541, adopted attend the conference and to blow up Armed Services. His friend, Dustin on May 21, which is a resolution de- delegates’ cars and hotels. The group Gibbs, told a local newspaper that he signed to support humanitarian assist- has claimed responsibility for shooting joined the Marines because of Layton’s ance in Somalia. As you know, Somalia deputy district administrators, as well inspiration. Gibbs had this to say of his has seen one government after another as several bombings and shootings in comrade: ‘‘He was a true friend and an fail to deliver for the Somali people for Mogadishu targeting Ethiopian troops extremely brave man. He had a huge the better part of two decades. At the and Somali government officials. In heart and made quite an impact on my same time, the situation in Somalia short, terrorist organizations such as life and my future to come.’’ These and the broader Horn of Africa is of al-Qaida and al-Shabaab seek to under- words illustrate the great influence great strategic importance to the mine the hard-fought and tenuous

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.005 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6147 peace that has been achieved and their gress cleared prior to the adoption of S. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL influence in Somalia must be curbed. Con. Res. 70 but for which the nec- YEAR 2009—S. CON. RES. 70; REVISIONS TO THE In addition, while I support the reso- essary information to incorporate their CONFERENCE AGREEMENT PURSUANT TO SECTION lution’s call for Ethiopia to develop a budgetary effects was not available at 323(d)—Continued timeline for the ‘‘responsible’’ with- the time the conference report was [In billions of dollars] drawal of its troops from Somalia, it is filed. The revisions are for public law FY 2011 ...... 299.553 important to emphasize that this reso- 110–232, the Strategic Petroleum Re- FY 2012 ...... 216.028 lution does not call for either an imme- serve Fill Suspension and Consumer FY 2013 ...... 233.687 diate withdrawal or a rigid timeline ir- Protection Act of 2008, and public law (5) Debt Subject to Limit: FY 2008 ...... 9,574.025 respective of the availability of re- 110–245, the Heroes Earnings Assistance FY 2009 ...... 10,206.896 placement peacekeeping forces. Any and Relief Tax Act of 2008. FY 2010 ...... 10,731.823 such inflexible approach would be For the information of my col- FY 2011 ...... 11,136.758 counterproductive, undermine the leagues, the combined effect of the ad- FY 2012 ...... 11,483.707 FY 2013 ...... 11,831.678 TFG, and threaten the important gains justments, including accompanying (6) Debt Held by the Public: that have already been achieved. changes in debt service, is to reduce FY 2008 ...... 5,403.025 Just as the presence of Ethiopian the on-budget deficit assumed in S. FY 2009 ...... 5,760.896 troops in Somalia derives, in part, from Con. Res. 70 by $965 million in 2008, FY 2010 ...... 5,988.823 FY 2011 ...... 6,079.758 the intra-party Somali conflict, their while increasing it by $933 million in FY 2012 ...... 6,074.707 departure should not occur until Afri- 2009 and by roughly $1 billion over the FY 2013 ...... 6,080.678 can Union or other international 2009 to 2013 period. On a unified basis, Section 102: troops have arrived to keep the peace the legislation is expected to lower (a) Social Security Revenues: secure. To date, unfortunately, only FY 2008 ...... 666.716 deficits by $322 million over the 2008 to FY 2009 ...... 695.932 2,500 of 8,000 pledged AU peacekeepers 2013 period. Because the revisions are FY 2010 ...... 733.631 have arrived. While some have claimed being made for legislation that has al- FY 2011 ...... 772.531 the presence of Ethiopian troops itself ready cleared Congress, they will nei- FY 2012 ...... 809.862 is destabilizing, there is no doubt in FY 2013 ...... 845.108 ther raise nor lower the amount of (b) Social Security Outlays: my mind that the alternative would be room available to Congress under the FY 2008 ...... 463.746 far worse. budgetary aggregates and committee FY 2009 ...... 493.602 Lastly, I would be remiss if I did not allocations. FY 2010 ...... 520.149 comment on the impact that Eritrea FY 2011 ...... 540.478 I ask unanimous consent to have FY 2012 ...... 566.241 has had in terms of making the with- printed in the RECORD a set of tables FY 2013 ...... 595.535 drawal of Ethiopian troops more chal- which show the revised allocations, ag- lenging. According to the United Na- gregates, and other levels for S. Con. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL tions, Eritrea is supporting insurgent Res. 70, the 2009 budget resolution. YEAR 2009—S. CON. RES. 70; REVISIONS TO THE groups to undermine the TFG. Under There being no objection, the mate- CONFERENCE AGREEMENT PURSUANT TO SECTION these circumstances, not only would it rial was ordered to be printed in the 323(d) leave a vacuum for the Ethiopian RECORD, as follows: [In billions of dollars] troops to be withdrawn early, but such a withdrawal would be seized upon by CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL Section 104: Eritrean-backed insurgents to desta- YEAR 2009—S. CON. RES. 70; REVISIONS TO THE (18) Net Interest (900): bilize the situation in Somalia. This is CONFERENCE AGREEMENT PURSUANT TO SECTION FY 2008 New budget authority ...... 349.344 why this resolution calls on Eritrea to 323(d) Outlays ...... 349.344 play a productive—and not a destruc- [In billions of dollars] FY 2009 tive—role in Somalia. New budget authority ...... 334.396 The United States has a deep and Section 101: Outlays ...... 334.396 (1)(A) Federal Revenues: profound interest in securing the peace FY 2010 FY 2008 ...... 1,875.400 New budget authority ...... 370.799 in Somalia and the broader Horn of Af- FY 2009 ...... 2,029.644 Outlays ...... 370.799 rica. There is no doubt that serious FY 2010 ...... 2,204.668 FY 2011 challenges remain. Nevertheless, I look FY 2011 ...... 2,413.246 New budget authority ...... 407.907 FY 2012 ...... 2,506.023 forward to our continuing to work with Outlays ...... 407.907 FY 2013 ...... 2,626.530 FY 2012 our friend and ally Ethiopia, as well as (1)(B) Change in Federal Revenues: New budget authority ...... 433.182 the African Union, United Nations, and FY 2008 ...... ¥4.000 Outlays ...... 433.182 other countries in the region to secure FY 2009 ...... ¥67.755 FY 2013 FY 2010 ...... 21.270 New budget authority ...... 448.797 a brighter future for all those people in ¥ FY 2011 ...... 14.824 Outlays ...... 448.797 ¥ Somalia who yearn to live their lives FY 2012 ...... 151.572 (19) Allowances (920): ¥ in peace and with the opportunity to FY 2013 ...... 123.689 FY 2008 provide for their families. (2) New Budget Authority: New budget authority ...... 3.476 FY 2008 ...... 2,562.305 Outlays ...... 1.125 f FY 2009 ...... 2,531.668 FY 2009 FY 2010 ...... 2,562.869 New budget authority ...... ¥12.223 CHANGES TO S. CON. RES. 70 FY 2011 ...... 2,693.847 Outlays ...... ¥5.484 FY 2012 ...... 2,736.860 Mr. CONRAD. Mr. President, section FY 2010 FY 2013 ...... 2,868.805 New budget authority ...... ¥11.936 323(d) of S. Con. Res. 70, the 2009 budget (3) Budget Outlays: Outlays ...... ¥9.366 resolution, permits the chairman of the FY 2008 ...... 2,464.754 FY 2011 Senate Budget Committee to make ap- FY 2009 ...... 2,566.868 New budget authority ...... ¥12.294 FY 2010 ...... 2,621.952 propriate adjustments in aggregates, Outlays ...... ¥11.756 FY 2011 ...... 2,712.799 FY 2012 allocations, and other levels assumed FY 2012 ...... 2,722.051 New budget authority ...... ¥12.683 in the resolution to reflect the budg- FY 2013 ...... 2,860.217 Outlays ...... ¥13.758 (4) Deficits (On-Budget): FY 2013 etary impact of certain legislation. FY 2008 ...... 589.354 I am filing adjustments pursuant to New budget authority ...... ¥12.993 FY 2009 ...... 537.224 Outlays ...... ¥13.389 section 323(d) for legislation that Con- FY 2010 ...... 417.284

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.023 S25JNPT1 jbell on PROD1PC69 with SENATE S6148 CONGRESSIONAL RECORD — SENATE June 25, 2008 SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT BUDGET YEAR TOTAL 2008 (In millions of dollars)

Direct spending Entitlements funded in annual Committee legislation appropriations acts Budget authority Outlays Budget authority Outlays

Appropriations: General Purpose Discretionary ...... 1,050,478 1,094,944 Memo: Off-budget ...... 5,260 5,181 On-budget ...... 1,045,218 1,089,763 Mandatory ...... 585,962 569,537 Total ...... 1,636,440 1,664,481 Agriculture, Nutrition, and Forestry ...... 14,910 15,413 74,287 58,027 Armed Services ...... 119,050 118,842 105 101 Banking, Housing, and Urban Affairs ...... 15,285 1,628 0 0 Commerce, Science, and Transportation ...... 13,964 9,363 1,182 1,126 Energy and Natural Resources ...... 3,850 4,264 62 61 Environment and Public Works ...... 39,658 2,196 0 0 Finance ...... 1,100,859 1,102,857 442,523 442,584 Foreign Relations ...... 15,852 15,819 159 159 Homeland Security and Governmental Affairs ...... 86,027 84,221 10,573 10,573 Judiciary ...... 7,262 7,533 611 610 Health, Education, Labor, and Pensions ...... 9,874 9,745 13,208 13,229 Rules and Administration ...... 70 225 122 121 Intelligence ...... 0 0 263 263 Veterans’ Affairs ...... 746 801 42,867 42,683 Indian Affairs ...... 453 451 0 0 Small Business ...... ¥333 ¥333 0 0 Unassigned to Committee ...... ¥604,458 ¥596,472 0 0 Total ...... 2,459,509 2,441,034 585,962 569,537

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT BUDGET YEAR TOTAL 2009 (In millions of dollars)

Direct spending Entitlements funded in annual Committee legislation appropriations acts Budget authority Outlays Budget authority Outlays

Appropriations General Purpose Discretionary ...... 1,011,718 1,106,112 Memo: off-budget ...... 5,491 5,418 on-budget ...... 1,006,227 1,100,694 Mandatory ...... 621,707 608,653 Total ...... 1,633,425 1,714,765 Agriculture, Nutrition, and Forestry ...... 15,688 14,530 76,307 63,526 Armed Services ...... 126,030 125,863 105 100 Banking, Housing, and Urban Affairs ...... 12,680 ¥1,239 0 0 Commerce, Science, and Transportation ...... 14,432 10,250 1,149 1,145 Energy and Natural Resources ...... 6,041 5,789 62 63 Environmental and Public Works ...... 34,528 2,291 0 0 Finance ...... 1,085,721 1,087,208 473,803 473,788 Foreign Relations ...... 15,966 15,955 149 149 Homeland Security and Governmental Affairs ...... 89,749 87,732 10,599 10,599 Judiciary ...... 9,749 8,414 624 627 Health, Education, Labor and Pensions ...... 9,349 8,088 14,129 14,116 Rules and Administration ...... 69 19 127 127 Intelligence ...... 0 0 279 279 Veterans’ Affairs ...... 1,166 1,247 44,374 44,134 Indian Affairs ...... 529 542 0 0 Small Business ...... 0 0 0 0 Unassigned to Committee ...... ¥594,692 ¥586,021 0 0 Total ...... 2,460,430 2,495,433 621,707 608,653

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT 5-YEAR TOTAL: 2009–2013 [In millions of dollars]

Direct spending Entitlements funded in annual Committee legislation appropriations acts Budget authority Outlays Budget authority Outlays

Agriculture, Nutrition, and Forestry ...... 76,466 69,479 387,350 329,869 Armed Services ...... 668,567 667,908 456 458 Banking, Housing, and Urban Affairs ...... 66,961 ¥10,748 0 0 Commerce, Science, and Transportation ...... 75,918 49,960 6,322 6,294 Energy and Natural Resources ...... 26,349 25,971 302 303 Environment and Public Works ...... 173,099 11,833 0 0 Finance ...... 6,165,556 6,172,365 2,703,905 2,703,728 Foreign Relatons ...... 73,053 73,024 660 660 Homeland Security and Governmental Affairs ...... 484,637 472,579 51,467 51,467 Judiciary ...... 40,735 41,031 3,207 3,241 Health, Education, Labor, and Pensions ...... 62,263 60,084 79,175 78,944 Rules and Administration ...... 341 343 685 685 Intelligence ...... 0 0 1,481 1,481 Veterans’ Affairs ...... 5,595 6,208 236,997 235,550 Indian Affairs ...... 2,158 2,216 0 0 Small Business ...... 0 0 0 0

42ND ANNIVERSARY OF THE country also celebrates the enactment Now in its fourth decade, the Free- FREEDOM OF INFORMATION ACT earlier this year of the first major re- dom of Information Act remains an in- forms to FOIA in over a decade—the dispensable tool for shedding light on Mr. LEAHY. Mr. President, on July 4, OPEN Government Act—which will re- bad policies and Government abuses. our Nation will celebrate the 42nd an- niversary of the signing of the Freedom invigorate and strengthen this vital of Information Act, FOIA. While we open government law for many years mark this important anniversary, the to come.

VerDate Aug 31 2005 05:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.074 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6149 The act has helped to guarantee the across the political spectrum in cele- SENATOR CRAPO, Thank you for the oppor- public’s ‘‘right to know’’ for genera- brating the 42nd anniversary of the tunity to tell my story. I am nearly 70 years tions of Americans. Today, thanks to birth of FOIA and all that this law has old and for 40 to 50 years have dreamed of a the reforms contained in the OPEN come to symbolize about our vibrant vacation in Jasper National Park in Canada. This year was to be the year to go. I had a Government Act, which was signed democracy. new vehicle, a competent driver to share the into law on December 31, Americans f driving, and I had the money. Well, I had the who seek information under FIOA will HONORING THE RESCUERS OF money until the price of gas began to rise so experience a process that is much more sharply. I had to cancel this dream trip. I KEITH KENNEDY transparent and less burdened by may never get to Jasper. delays than it has been in the past. Ms. KLOBUCHAR. Mr. President, I My sister and I made weekly trips to Boise This is very good news. But there is wish to recognize the dedication of all for religious purposes. Because of the cost of those involved in the safe and miracu- gas, we had to cut that back to twice a still much more to be done to ensure month. that FOIA remains an effective tool for lous return of Keith Kennedy, an autis- I have a little patch of strawberries that keeping our democracy open and free. tic man from Shoreview, MN, who produces more than I can use. I have shared A key component of the OPEN Gov- spent this past week alone, without with friends, family and neighbors nearby. ernment Act is the creation of an Of- food or shelter, lost in the woods of There are many who I would love to share fice of Government Information Serv- northwestern Wisconsin. with (and they would love to have them), but ices, OGIS, within the National Ar- His safe return has been called a mir- they live too far to make it worth the trip chives and Records Administration. acle, but this miracle would not have with the high cost of gas. been possible without the commitment My sister and I are on a limited budget The office would mediate FOIA dis- (Social Security), and the cost of gas has putes, review agency compliance with of the hundreds of volunteers, law en- caused the prices of food and other things we FOIA, and house a newly created FOIA forcement officers, firefighters and have to buy to skyrocket. We live at least 20 ombudsman. Establishing a fully fund- medics who selflessly gave their time miles from town, one way. It costs over three ed OGIS is essential to reversing the and continued to search for Keith, even times for gas to go to town than it used to. troubling trend of the last 7 years to- when all hope seemed lost. There are no buses in our area. wards lax FOIA compliance and exces- Special recognition must go to Gary My personal opinion is that the environ- Ruiz and Jim Cotroneo, two St. Paul mentalists should either donate their money sive Government secrecy. to pay for foreign fuel or let us produce that I am pleased that the Committee on firefighters who found Keith against all which we have in our own country. I think Appropriations Subcommittee on Com- odds. Their efforts, and the efforts of they are being very selfish, and I wish a merce, Justice, Science, and Related their colleagues who joined them in bunch of those characters had to live on less Agencies—a panel on which I serve— this search, ensured a joyful ending to than $1,000 per month. last week rejected the President’s what could so easily have been another Sincerely, budget proposal to move the functions tragedy. DELORES, Melba. of OGIS to the Department of Justice. I cannot fail to mention Keith’s par- With the gas prices the way they are, my I will continue to work very hard to ents, Bruce and Linda Kennedy, whose family has to stay home instead of camping, ensure that OGIS is fully funded within spirit of hope was by all accounts an fishing and other family activities we have the National Archives—as Congress in- inspiration to those who participated done in the past. The grocery stores have tended—so that this important office in bringing Keith home safely. Their had to raise the prices because of the price of has the necessary resources to fully bravery and the bravery of their son fuel. My wife travels 55 miles a day for work comply with the OPEN Government are an inspiration to us all. in a car that is on its last leg. I cannot re- Act. I believe this story shows once again place it because of the money that we are There is also more work to be done to the willingness of Minnesotans, and of spending in fuel. I never worried about ‘‘fill- ing my tank’’ before, but now I cannot fill further strengthen FOIA. Earlier this our friends in Wisconsin, to go beyond my tank because of the price of fuel. I feel year, I was pleased to join with Sen- what is asked of them to come together like my government wants the fuel to keep ator JOHN CORNYN in introducing the as a community and support those in going up and up. Everybody says that the oil OPEN FOIA Act, S. 2746, a bill that re- need. My hope is that the actions of all companies are making a fortune, but they quires Congress to clearly and explic- those who gave of themselves so that make 4 cents a gallon and taxes are 50 cents itly state its intention to create a stat- Keith could return home, will inspire a gallon. So who is making the money, the utory exemption to FOIA when it pro- others to do the same. oil companies or the government? Please vides for such an exemption in new leg- help us by lowering the fuel prices even if we f have to rely on the oil in the United States islation. While there is a very real need IDAHOANS SPEAK OUT ON HIGH and not buy from the Middle East. to keep certain Government informa- ENERGY PRICES JASON, Pocatello. tion secret to ensure the public good and safety, excessive Government se- Mr. CRAPO. Mr. President, earlier DEAR SENATOR, I am concerned about your crecy is a constant temptation and the this week, I asked Idahoans to share ignorance on why prices not only at the enemy of a vibrant democracy. with me how high energy prices are af- pump but on anything we buy are up. The The OPEN FOIA Act provides a safe- fecting their lives, and they responded Federal Reserve is most responsible for this guard against the growing trend to- by the hundreds. The stories, num- inflation. It is taught in economics 101. The bering over 1,000, are heartbreaking Federal Reserve has inflated our dollar 50 wards FOIA exemptions, and would percent in the last 7 years, according to their make all FOIA exemptions clear and and touching. To respect their efforts, statistics. That means 7 years ago, if you unambiguous, and vigorously debated, I am submitting every e-mail sent to had $100,000 in the bank, it would only buy before they are enacted into law. The me through energy_prices@crapo half as much today ‘‘say $50,000’’. This means Senate Judiciary Committee will con- .senate.gov to the CONGRESSIONAL if you made $10.00 an hour seven years ago sider this bill at its business meeting RECORD. This is not an issue that will and your wages stayed the same, you only this week, and I urge all members to be easily resolved, but it is one that de- have the buying power of $5.00/hour. support this legislation to further re- serves immediate and serious atten- The Federal Reserve inflates our money supply. They will not give the M3 numbers store the public’s trust in their Gov- tion, and Idahoans deserve to be heard. out because there’s a conscious effort not to ernment. Their stories not only detail their let the public know what they are doing. You As we reflect upon the celebration of struggles to meet everyday expenses, must kick the can, do your research on how another FOIA anniversary, we in Con- but also have suggestions and rec- inflation really works before you even talk gress must also reaffirm our commit- ommendations as to what Congress can about making changes. If you are to fix the ment to open and transparent govern- do now to tackle this problem and find problem, go to the Congress and ask them to ment. As I have said many times, open solutions that last beyond today. I ask fire the Federal Reserve. government is not a Democratic issue unanimous consent to have today’s let- Sure, energy prices are up, and these big companies are making big profits. The big or a Republican issue. It is an Amer- ters printed in the RECORD. oil companies are only in the right place at ican value and a virtue that all Ameri- There being no objection, the mate- the right time. The Federal Reserve was cans hold dear. It is in this bipartisan rial was ordered to be printed in the voted in wrongly Dec 24, 1913. This was when spirit that I join Americans from RECORD, as follows: no one could vote against the creation of the

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.009 S25JNPT1 jbell on PROD1PC69 with SENATE S6150 CONGRESSIONAL RECORD — SENATE June 25, 2008 Federal Reserve. The Federal Reserve is re- our oil here so that OPEC can’t hold us up at in Idaho Falls. They are retired and on a lim- sponsible for the Great Depression. They are the bank? ited income, so I have worried a bit about responsible now for our inflation. Please Sincerely, their finances with the rising fuel prices that takes steps and ask Congress to remove this CLAUDIA, Nampa. not only affect transportation but every- private agency and go to gold standard. thing. We stopped at a grocery store known KEVIN, Rathdrum. DEAR SENATOR CRAPO, I am very pleased to have the lowest prices consistently. As I for the opportunity to say something that approached the check out I saw a family and Fortunately, I can live, work, and shop will be heard. I bought a nice little 3-bed- the mom’s voice was starting to rise in in- within a 2-mile radius of home. However, room house in Caldwell, thinking the drive tensity and volume. She was under a lot of we’re reluctant to pull our RV down the would be long, but something I could handle stress. Her children were near and her hus- road, which causes a loss of business for because I have a car that gets decent gas band was, too. She was adding up the cost of those tourist areas we would have visited. mileage. Well, with the high gas prices, I the meager amount of groceries in their cart I believe the best way to reduce gas prices have left my home in Caldwell and moved to and starting to put back basic items. The is to increase production—drill off the coasts Boise to be able to keep my job and have children and husband looked at her. She (like China and Cuba are doing now), and in something left to live on. Of course with the said, ‘‘I only have a half tank of gas left. I Alaska; extract oil from coal and shale; and housing market, it is not selling. I know a only have a half tank of gas left,’’ she re- exploit other known resources. A massive ef- lot of people like me who are sharing homes peated. ‘‘I just filled it up and I only have 1⁄2 fort to build nuclear plants would also be with others due to the increase in gas, elec- tank left.’’ She turned to her husband and wise. It is time to tell the environmentalists tricity, and food prices. Right now living in asked him if he had driven her car yesterday. where to ‘‘get off’’. The planet is not getting Boise, it is still costing me 150.00 a month for He replied, ‘‘No.’’ Tears came to my eyes as warmer, and certainly not at the hands of gas, and I live about 15 minutes from work. I realized what this young, small, responsible man. Living in Caldwell it was three times the family was going through. Tension was SCOTT. amount. That is one whole paycheck for me. mounting, money was very tight, without I learned to eat noodles and potatoes instead fuel, how would they get to work? With fuel SENATOR CRAPO, Thank you for your time of other things that would be better for me costing at least double what it recently was, and ears. I am married with three children at to eat. Can you imagine the people who are how would they have enough to stretch? I home (two girls, ages 15 and 16; and one boy, living on that who do not have a good job? I hadn’t realized that people were already hav- 10 years old). Ten years ago, my wife and I go to work, home and church. Now you may ing to make choices between fuel and food. were receiving government assistance; now think that is not much of a life. I used to go Many, many Idahoans are independent and we are both college graduates and working in for drives and visit friends, but that is not hard-working. They do not look for govern- professional positions, yet we still feel the possible at this time due to the high cost of ment hand-outs. They are resourceful. They pain at the pump. I can only imagine how everything. We in this country know how to grow gardens, glean fields nearby, cook from hard it is affecting those who are still on cut back and buckle down to do what needs scratch and stretch their dollars in many government assistance, or those less fortu- to be done to help, but our government has ways. They make things work. But there nate without a higher education. I have per- let things get way out of hand. We as the comes a point when dollars do not stretch sonally bought relatives gas in the last voting public are supposed to have a say in farther, salaries aren’t increasing as rapidly month, not because they asked but because I things and too many have sat back and said as expenses, second jobs are scarcer to find. knew they needed it. nothing. Something must be done. We have I live in Boise, a city with more transpor- Our family has felt the crunch with rising far too long been dependent on others for our tation options. We are biking more; my hus- fuel prices. Fuel costs have taken away fuel, when we have the resources right here band has the privilege of biking to work. money from other pertinent bills in our in this great country. I do not mean to sound This family did not! Rural areas have few household, especially our energy/power bill. negative, but there is nothing left for us to transportation options besides personal vehi- Our family has scaled back traveling and fun give. It is time those who have been elected cles, and the distance to almost anywhere is family activities such as going to Mariners begin giving back to those who support great. baseball games. After all, baseball is as them! I believe as we use and develop our own re- American as apple pie. I know these aren’t I pray someone is listening. sources in our great country that people will priorities in most households, but activities JEANNIE, Boise. rise to the occasion and find solutions before like these are ones which my family enjoys we run out of fuel. When we encourage per- The amount of fuel that I use is as mini- our time together. When you are raising sonal initiative and do not take a depend- mal as I can get. I do not do anything except teenagers you really appreciate these times ency attitude we, the people, can accomplish drive back and forth to work and to the gro- because teens are hard to convince that fam- amazing things. cery store on weekends. I do very little, if ily time is truly important. My wife and I KARLA, Boise. any, extra driving. I would love to go camp- bought two small import vehicles (4-cyl- ing or up in our wonderful mountains to go We must start drilling for domestic oil, inders) because we saw this fuel crisis com- fishing, but I cannot afford the gas that it start making nuclear power plants and oil ing. Maybe there could be incentives for would take to do this. I have been trying to refineries. I will not support anyone who using energy-efficient vehicles, not specifi- find a way to purchase a different auto- does not and will be willing to help support cally imports but fuel-efficient vehicles. We mobile that would get better mileage, but if those leaders who do. have a large SUV, but we only drive it when you do not have extra money, it is real hard JOHN. we travel or have to transport the entire to try to save. I use one tank of gas a month family. to do what I do and, at today’s price, that My story is not special, but I think it is Please help contain the ever-rising fuel cri- costs me $120.00; soon it will be $150.00; then too common. I am a 55-year-old woman. I am sis. Families are affected in more ways than who knows. I understand price increases, but my sole support. I live in Emmett, but there we can imagine, especially the poor. this is ridiculous. We need to have relief are no jobs there. I work in Boise, a 30-mile Sincerely, now. I do not understand how one group of drive one way. I do not make a lot of money RICHARD, Lenore. people can put all of our own oil in such and, with the mortgage industry the way it problems by not allowing us to drill for our is, I cannot afford to move. Homes are not You asked for my story here it is. own gas and oil. This problem stems from selling in Emmett. I wonder how much high- As a retired person and gas prices so high, green people who have no idea how anyone er things are going to go. Soon it will be a I do not go anywhere. What bothers me more else lives. We do not now nor will we ever choice of food or gas. Which would you is the profit taking by oil companies, record have mass transit that will remove our cars choose? profit earning 300 percent and over. Now is from the highway. I am disgusted with our government. They the time to own stock in oil. Is this not just I feel that we need to drill and produce our do nothing, and I know they do not have to greed, ripping off of the American public? We own oil and gas as much as we can; then we suffer the way we do. I feel our government have back-up supplies; we have other sources can tell all of these countries that do not has forgotten they work for us, not that we of energy. We have a government that is not like us goodbye, and we can keep our money are supporting them. doing its job of protecting the people from here to help people in the U.S. that need CANDACE, Emmett. being taken advantage of. Why are our gov- help. ernment officials allowing this to happen? Thank you very much for the space to DEAR SENATOR CRAPO, I am lucky enough OPEC does control a lot but are they not be- vent. I am not sure it will come of anything, to live within three miles of where I work, so holden to us for some of our products? Can but we can hope. transporting myself has not impacted me as we not hold them over the barrel—for some God bless the USA. much as most in my community. Where I am of the product we send them? OK, a head of RICK. hit hard, though, is the cost of the organic lettuce $4.00 each? What is happening with and healthy food I buy. Since spending a lot this country? All I am seeing is greed. With fuel prices increasing so rapidly, we of time trying to get myself healthy and re- We have oil in Alaska; we have oil in aren’t travelling as much or planning a vaca- searching about pesticides and about envi- Texas. Drill more here; supply ourselves. tion. We are making cutbacks in many areas. ronmental toxins, I had to make the decision Why are we shipping oil out? Why not keep However, I was recently visiting my parents to vote with my dollars. I have spent a

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.002 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6151 much higher percentage on the important years,’ reports The Pittsburgh Post Gazette. and natural resources. Start with your office organics such as tomatoes, berries, greens, It is a formation known as the Williston and your staff. Hypocrisy is so yesterday! and some other staples that are most chem- Basin, but is more commonly referred to as 3. Quit the whining that we must drill in ical-laden in the conventional counterpart. the ‘Bakken.’ And it stretches from North- the ANWR. The so-called Naval Reserves es- And I am happy to do so to help a growing ern Montana, through North Dakota and tablished in the 1920s are now being ‘‘devel- sector of sustainable farmers. I always felt into Canada. For years, U.S. oil exploration oped’’ for oil and gas exploitation; an area that, in the long run, this would come back has been considered a dead end. Even the the size of the State of Indiana. to benefit all as our country turned to more ‘Big Oil’ companies gave up searching for 4. Show us that oil and gas drilling can be sustainable and nutritious agriculture. major oil wells decades ago. However, a re- done properly. The massive operations in After studying some of the recent docu- cent technological breakthrough has opened Wyoming are creating a gawd-awful mess. mentaries about our food supply, and the big up the Bakken’s massive reserves . . . and 5. Encourage our nation’s truck carriers to corporate welfare, and how the farm bill we now have access of up to 500 billion bar- pay their drivers by the hour and not by the works, I realized that, for some reason, our rels. And because this is light, sweet oil, mile. Then, the drivers will have a decent in- system prefers us eating the 2,000 mile irra- those billions of barrels will cost Americans centive to drive at the speed limit and con- diated, grown for shelf life, nutrient void just $16 per barrel! serve fuel. produce. Organic and sustainable farming ‘‘That is enough crude to fully fuel the 6. Then, if you dare, encourage the USPS hasn’t really been given the chance in the American economy for 41 years straight.’’ to eliminate Saturday deliveries, and keep past, but I do have hope that because of ris- 2. [And if that didn’t throw you on the those 200,000 residential-delivery jitneys off ing fuel costs that maybe our officials will floor, then this next one should—because it the road. (Besides, all they do is save up the wake up and support locally grown and sold is from two years ago, people!] junk mail for Saturday delivery. When is the agriculture (at the expense of big agri and ‘‘U.S. Oil Discovery—Largest Reserve in last time you received anything important big oil). It will be cheaper with less transpor- the World! Stansberry Report Online—4/20/ via US mail on a Saturday?) tation costs, but to get off the ground we 2006 Hidden 1,000 feet beneath the surface of Thanks for listening, need some government intervention that the Rocky Mountains lies the largest un- D. gives incentives for farmers to take the risk. tapped oil reserve in the world is more than We subsidize all the corn out there to make 2 trillion barrels. On August 8, 2005 President SENATOR CRAPO, Rather than solicit stories us obese with its crack of sweeteners and Bush mandated its extraction. for the purpose of political grandstanding, processed puffed foods and to feed more farm ‘‘They reported this stunning news: We how about you take a moment to understand animals than we really have business eating, have more oil inside our borders, than all the the real reason why energy prices are where ($79 hamburgers???); why do we not give nu- other proven reserves on earth. Here are the they are. trition a fair shake. Why do we not try to official estimates: 8 times as much oil as High energy (and food) costs can be laid learn some of Europe’s successes and shape a Saudi Arabia; 18 times as much oil as Iraq; 21 squarely at the feet of the U.S. Congress and healthy community-based food system? So times as much oil as Kuwait; 22 times as President, including you. This is because of what I can do is look at my plate as half full much oil as Iran; 500 times as much oil as what has been done to the U.S. dollar during on this issue; that is how high fuel costs can Yemen—and it is all right here in the West- the Bush/Republican years. Deficit spending benefit me most. ern United States.’’ and a disastrous war in Iraq have frittered Thank you, [How can this be!? How can we not be ex- away a budget surplus and progress toward RYAN. tracting this!? Because we’ve not demanded reducing our national debt. Rather than act legislation to come out of Washington allow- as the party of fiscal responsibility, the Re- The high energy prices are affecting our ing its extraction; that is why!] publican Party has frittered our national fi- ‘‘James Bartis, lead researcher with the family negatively. Higher grocery prices. nancial health away. Gas prices were 1.46 when Bush took office. study says we’ve got more oil in this very Over the last few years, it was plainly ob- Unfortunately, Senator Crapo’s vote to sup- compact area than the entire Middle East— vious what was being done to the dollar from port the war in Iraq is one reason that gas more than 2 trillion barrels. Untapped. That a spendthrift Congress and markets acted ac- prices are so high. is more than all the proven oil reserves of cordingly. And, if you believe that your cur- BRIAN. crude oil in the world today, reports The rency is going to become worthless, the only Denver Post. way to preserve your net worth is to own ‘‘Do not think ‘Big Oil’ will drop its price— I live in Jerome, Idaho, a rural commu- tangible things, particularly commodities. nity. We live between Twin Falls and Je- even with this find? Think again! It is all This is what has spurred this massive com- rome, my wife works in Twin Falls and I about the competitive marketplace, and if modity boom—lack of faith in the dollar. I work in Jerome. Since our area is rural and they can extract it (here) for less, they can have been invested in a basket of commod- there is not any form of mass transit like in afford to sell it for less—and if they do not, ities for over four years now, one of the best larger cities the high gas prices are killing others will. It will come down—it has to.’’ investments I have ever made. My decision us. My wife works for Twin Falls school dis- [Got your attention/ire up yet? Hope so! was based heavily on the irresponsible Con- trict and they got a 2 percent raise this year Now, while you’re thinking about it . . . and gress. and I got a 3 percent raise. The gas prices hopefully P.O’d, do this: If you have any doubts about this relation- have taken all of our raises plus much more. PAT. ship, look no further than those bad unem- We do not take any long drives other than to ployment numbers from June 6th. Intu- work. Life has changed in a big way and not SENATOR CRAPO, New drilling of oil re- itively, you’d think that lots of unemployed to the positive side. The following is an serves will not even reduce the price of gas. people would cause oil prices to drop on email I received and I did check it out on the All drilling more wells will do is put more weaker demand. Yet oil had its biggest one internet. Why are we not tapping into this money into the hands of the big oil compa- day rise in history, starting the minute oil field? nies. Nuclear costs far too much when ac- 1. Ever heard of the Bakken Formation? counting for the storage of the waste it gen- those unemployment numbers came out. Google it. I did, and again, blew my mind. erates. It is time for a new approach! Why? Because bad unemployment numbers The U.S. Geological Service issued a report We need incentives for mass transit and puts pressure on the Federal Reserve to hold in April (’08) that only scientists and oilmen/ electric vehicles. Idaho, in particular has an rates steady or lower them at a time when women knew was coming, but man was it abundance of renewable energy potential, the Fed wants to raise them before inflation big. It was a revised report (hadn’t been up- just waiting to be exploited. Solar and wind gets any further out of control. This is bad dated since ’95) on how much oil was in this development needs to be a priority. It is time for the dollar; the dollar dropped as well that area of the western 2/3 of North Dakota; to fill our gas tanks from the sun! day. western South Dakota; and extreme eastern Why not take this opportunity to address Let me give you a quick example of the ef- Montana . . . check this out: carbon dioxide generation from vehicles and fect the weak dollar has had on gas prices. ‘‘The Bakken is the largest domestic oil gas prices at the same time? Let’s say the dollar magically went back to discovery since Alaska’s Prudhoe Bay, and My family has been affected by high en- par with the Euro, where it used to be not so has the potential to eliminate all American ergy prices just like everyone else, but the very long ago. Gasoline would be around dependence on foreign oil. The Energy Infor- solution is not poking our heads in the sand. $2.70 per gallon! A strong dollar would also mation Administration (EIA) estimates it at Sincerely, pop this balloon of commodity speculation 503 billion barrels. Even if just 10% of the oil CHRIS, Boise. we are seeing and drive down prices even fur- is recoverable . . . at $107 a barrel, we’re ther. looking at a resource base worth more than 1. Get all your fellow Senators to empha- So if you truly want to fix high gasoline $5.3 trillion. size conservation and to practice what they prices, it is time to face up to the giant ele- ‘‘ ‘When I first briefed legislators on this, preach. The ‘historic’ comment by Vice phant in the room that is the irresponsible you could practically see their jaws hit the President Dick Cheney that conservation is fiscal policy of the U.S. Congress and stop floor. They had no idea,’’’ says Terry John- a ‘personal virtue’ came across as an infer- this huffing and puffing about drilling on the son, the Montana Legislature’s financial an- ence that conservation is a wimpy attitude continental shelf and ANWR. Even a hint of alyst. and real cowboys do not do that. real fiscal responsibility would go a long way ‘‘ ‘This sizable find is now the highest-pro- 2. Show me that the federal bureaucracy toward strengthening the dollar. We cannot ducing onshore oil field found in the past 56 really can reduce the waste of our energy drill our way out of this problem, as much as

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.003 S25JNPT1 jbell on PROD1PC69 with SENATE S6152 CONGRESSIONAL RECORD — SENATE June 25, 2008 the oil companies would like to have you be- The last phone call and communication and Trillion. We appeal to the U.S. Congress, lieve that. Because of the very same weak was received from Yuhaison on August 26, the U.S. Government and international com- dollar, U.S. oil reserves are extremely profit- 2007 at approximately 9:00 am (CST). munity for assistance in pressing the Lao re- able at this time, so it is no surprise they are Yuhaison called Hakit’s older brother Xai gime to release our family members and re- pushing hard for expanded drilling. I can’t Yang, and stated that he was calling from a store human rights and freedom to them so imagine a better scenario for them—an out- security guard’s cell phone and confirmed that we can be reunited and these American raged public and production costs that keep that all three men had been arrested without citizens can return home once again from dropping as the dollar weakens. warrant. Yuhaison sounded very worried and this terrible darkness. Of course we need to conserve and develop wanted Xai to contact the U.S. Embassy in alternative forms of energy, but to ignore Vientiane right away. f the role of the dollar in all this will just A U.S. Embassy staff confirmed with local mean we continue down this road to disaster Lao authorities that three U.S. Citizens were we’ve been on the last few years. arrested, however, the authorities refused to ADDITIONAL STATEMENTS This might not be the story of suffering release any names. According to the U.S. you’re looking for (actually just the opposite Embassy, the Ministry of Foreign Affairs in my case). But I think it might be more could not confirm the situation over the constructive than an inbox full of moaning phone, but it appeared they knew about the IN RECOGNITION OF JEANNA and groaning about how much it costs to cases. HENRY The U.S. Embassy contacted the Lao gov- commute to work from Nampa. ∑ Regards, ernment who denied having any record of the Mr. CARPER. Mr. President, today I STAN, Boise. men entering their country and any U.S. recognize the outstanding contribu- Citizens being detained or arrested. Later, tions of Jeanna Henry, whose dedica- f the Lao government changed their previous tion to the Environmental Protection HMONG DETAINEES IN LAOS denials and admitted that the men did in- Agency earned her the Glen Witmer deed enter Laos, but allegedly claimed that Award. Jeanna, noted for her dedica- Mr. COLEMAN. Mr. President, I they had allegedly departed Laos via the would like to submit for the RECORD a Lao-Thai Friendship Bridge on August 29, tion, resourcefulness, and sheer joy in statement given by Mrs. Sheng Xiong, 2007. Despite repeated requests from the U.S. her work, is an excellent example of a spokeswoman for her husband Hakit Embassy no departure cards have ever been the quality employees who serve us at Yang and other families of Hmong- produced as evidence for their departure. the EPA. American citizens from St. Paul, MN, Other documents produced are clearly bogus The Glen Witmer Award is presented and fabricated allegedly claiming to support each year to the employee whose serv- that are being detained by the the Lao the Lao government’s false claims that my Peoples Democratic Republic, LPDR, ice is distinguished by concern for our husband and the other two departed from environment, enthusiasm for environ- regime. This statement was given by Laos to Thailand, which is not factual. Mrs. Xiong at a congressional forum on It has been many months since the arrest mental programs, a logical approach to Laos on January 31, 2008, organized by and disappearance of Hakit Yang, problem solving, attention to detail, the Center for Public Policy Analysis. Congshineng Yang and Trillion Yuhaison. To resourcefulness and initiative, and an I ask unanimous consent that the this day, our family has not received any ability to interact with people in a concrete answers from the U.S. Embassy in manner that fosters cooperation, un- Statement to which I referred be print- Laos nor the State Department. I have been ed in the RECORD. derstanding, and resolution of environ- in contact with the other men’s families and mental problems. It is the highest There being no objection, the mate- they also have not received any answers. rial was ordered to be printed in the The U.S. Government and U.S. Embassy award that may be presented to an em- RECORD as follows: have a responsibility to inform U.S. Citizens ployee by the U.S. Environmental Pro- that there are no real protections in place to tection Agency. STATEMENT BY MRS. SHENG XIONG safeguard their civil and legal rights. The Jeanna grew up in Delmar, MD—the I want to thank Congressman Dana Rohr- U.S. Government has failed to properly hold abacher, Congressman Frank Wolf, Congress- town too big for one State—and grad- the Laos Government accountable for the uated from Salisbury State University man Patrick Kennedy, Congresswoman disappearance of these U.S. investors. Tammy Baldwin and other Members of the Hakit, Congshineng, and Trillion represent in 1996 with a degree in environmental U.S. House of Representatives for co-hosting the first of many U.S. investors and tourists health and minors in biology and today’s U.S. Congressional Forum on Laos in to travel to Laos under the new Normalised chemistry. Following through on a cooperation with Mr. Philip Smith, Execu- Trade Relations agreement but their dis- goal she set her freshman year of col- tive Director of the Center for Public Policy appearance clearly proves that no U.S. Cit- lege, Jeanna went on to work as an en- Analysis, Dr. Jane Hamilton-Merritt, Lao izen is safe in Laos and no U.S. citizen vironmental scientist at the EPA upon Hmong scholar; Vaughn Vang of the Lao should invest in the current Lao regime Human Rights Council of Wisconsin and Min- winning a National Network for Envi- until proper protections can be put in place, ronmental Management Studies Fel- nesota; Khamphet Moukdarath of the United to safeguard the civil, legal and human League for Democracy in Laos and T. rights of all U.S. Citizens traveling to Laos. lowship. Currently an enforcement offi- Kumar, Advocacy Director of Amnesty Inter- I respectfully ask that the U.S. Govern- cer at EPA’s Waste and Chemical Man- national. I appreciate their leadership on the ment and U.S. Embassy in Laos continue to agement Division in Wilmington, DE, current human rights crisis in Laos, espe- investigate the arrest and disappearance of she has managed a multitude of haz- cially facing the Hmong people, and the seri- Hakit, Congshineng, and Trillion and to ardous waste and underground storage ous situation regarding the arrest and im- press the Lao government for humanitarian tank enforcement cases, all with moti- prisonment in Laos of my husband, Hakit access to the three U.S. citizens and their vation, professionalism, and extraor- Yang, and his two Hmong-American col- unconditional and immediate release. leagues from St. Paul, Minnesota last year. The Lao government continues to jail my dinary attention to detail. The U.S. Government granted Normalized husband and the two other Americans from Beyond her achievements in her field, Trade Relations (NTR) to Laos in 2005. St. Paul that he was traveling with in clear Jeanna is most noted for her work Today, it encourages citizens to consider for- violation and contempt of international law. ethic, exceptional communication eign investments in the communist state de- Lao and Hmong Americans should not invest skills, and for the passion that she spite the country’s atrocious human rights in the current regime in Laos, the Lao Peo- brings to all of her undertakings. New records and the unjustified arrest, jailing ples Democratic Republic. NTR Trade Status employees often gravitate towards her and continued detention of three Hmong- to Laos should be revoked by the U.S. Con- because despite her heavy workload, American citizens from St. Paul, Minnesota gress; and, U.S. foreign aid and assistance to including my husband Mr. Hakit Yang. the Lao regime should also be cut by the she is never too busy to take time out On July 10, 2007, Hakit Yang, Congshineng U.S. Congress and U.S. Government com- to help others. She has become a men- Yang and Trillion Yuhaison departed the pletely, including all de-mining funding, tor for new employees, a role model for United States for Laos to pursue business in- until at least such time as my husband her peers, and an absolute joy to her vestment opportunities. The men were stay- Hakit Yang, Congshineng and Trillion, as supervisors. ing at the #5 Guest House in Phousavan, Hmong-American citizens, are released from Jeanna is not only an outstanding Laos when they were arrested by secret po- prison in Laos and brought home safely to employee, but a remarkable person, as lice forces. They were detained in Phonthong America and their homes and families in St. well. Her lifelong passion for the envi- Prison and later transferred to an unknown Paul, Minnesota. destination. Several unofficial reports sug- We will not forget and not give up fighting ronment has enabled her to help shape gest they are being detained in the North of until we have truthful answers and the Lao and enrich the lives of many in her Laos near the Vietnam border. regime releases Hakit Yang, Congshineng field and the lives of those lucky

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.003 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6153 enough to call her their friend. I rise soon built, and by the end of 1883, the the monastery with the name Assump- today to extend my sincere congratula- town was ready for great plains living. tion Abbey. Assumption Abbey remains tions to Jeanna on her award. She is a Known nationally as the home of the in operation today. remarkable woman as well as a credit world’s largest Holstein cow, New Richardton’s attractions also include and testament to the community that Salem is a community filled with pride a golf course, bed and breakfasts, res- she represents so well.∑ and energy. ‘‘Salem Sue’’ stands 38 feet taurants, motels and much more. Resi- f high, weighs over 6 tons, and was erect- dents of Richardton take great pride in ed by the New Salem Lions Club in 1974 their community. To celebrate their REMEMBERING JUSTICE REVIUS to honor the dairymen of North Da- 125th centennial anniversary, the com- ORTIQUE kota. New Salem also has a nine-hole munity will be holding a 5k walk/run, a ∑ Mrs. CLINTON. Mr. President, on golf course, public swimming pool, and parade, games, an antique car show, a June 22, our Nation lost a great judge numerous parks to entertain residents Rough Rider Rodeo, a dance, and a fire- and lawyer, civil rights champion, and and tourists. works show. public servant. Justice Revius Ortique, To celebrate its 125th anniversary, Mr. President, I ask the U.S. Senate the first African-American justice the community of New Salem is orga- to join me in congratulating elected to the Louisiana Supreme nizing a celebration that will include a Richardton, ND, and its residents on Court, has died at 84. parade, demolition derby, mixed golf their first 125 years and in wishing I met Justice Ortique when we served scramble, pitchfork fondue, and numer- them well in the future. By honoring together in the 1970s on the board of ous outdoor activities. A street dance Richardton and all other historic small the Legal Services Corporation, and down New Salem’s Main Street will towns of North Dakota, we keep the much later in his career, Justice also be held. It promises to be a won- great pioneering frontier spirit alive Ortique was appointed by my husband derful event. for future generations. It is places such to serve as alternate delegate to the Mr. President, I ask the U.S. Senate as Richardton that have helped shape United Nations. to join me in congratulating New this country into what it is today, Justice Ortique had an illustrious ca- Salem, ND, and its residents on their which is why this fine community is reer. In World War II, he served as an first 125 years and in wishing them well deserving of our recognition. officer in the Pacific Theater and after in the future. By honoring New Salem Richardton has a proud past and a earning his law degree in 1956, set up a and all the other historic small towns bright future.∑ legal practice at the vanguard of the of North Dakota, we keep the pio- f civil rights movement. He helped to neering frontier spirit alive for future HONORING KENWAY CORPORATION successfully win equal pay for Black generations. It is places such as New employees in several cases, to inte- Salem that have helped to shape this ∑ Ms. SNOWE. Mr. President, I wish grate State labor unions, and served country into what it is today, which is today to recognize the Kenway Cor- five terms as president of the Urban why this fine community is deserving poration, an outstanding small busi- League of Greater New Orleans. Justice of our recognition. ness from my home State of Maine Ortique not only worked to achieve ra- New Salem has a proud past and a that recently earned the distinguished cial equality but also to achieve racial bright future.∑ recognition of Manufacturer of the harmony and served three terms as f Year by the Maine Manufacturing Ex- president of the New Orleans Commu- tension Partnership, or Maine MEP. A nity Relations Council. He negotiated 125TH ANNIVERSARY OF fiberglass manufacturer located in for the Black community with White RICHARDTON, NORTH DAKOTA Maine’s capital city of Augusta, the civic leaders helping to bring about the ∑ Mr. CONRAD. Mr. President, I am Kenway Corporation has for over 60 peaceful desegregation of lunch pleased today to recognize a commu- years been known for its high-quality counters, bathrooms, and other public nity in North Dakota that will be cele- products. The MEP’s Manufacturer of facilities in New Orleans before the brating its 125th anniversary. On July the Year award is presented every year passage of the landmark Civil Rights 11 through 13, the residents of to a company that has achieved world- Act of 1964 would guarantee these Richardton will gather to celebrate class status and has applied the best rights. their community’s history and found- manufacturing practices necessary to Justice Ortique was a courtly figure ing. succeed in the marketplace. with a mild manner that belied his Richardton is located in Stark Coun- The Kenway Corporation formally courage, convictions, and ability to ef- ty in the southwest part of the State. began operations as Kenway Boats in fect change. I am proud to have known Oscar L. Richard named the town in 1947 in the rural community of Pa- him, and my thoughts and prayers are 1882 after his relative, C.B. Richard, lermo, ME. Originally focused on build- with his wife Miriam, his daughter who was an agent for the Hamburg- ing wooden crafts, the firm switched Rhesa, and all those whose lives were American Steamship Co., which pro- its concentration to composites in the made better because of his leadership.∑ moted German-Russian settlement in 1960s and has since grown into a tre- f this area. The post office was estab- mendously successful manufacturing lished a year later by Adolph Norberg. company. Today, Kenway manufac- 125TH ANNIVERSARY OF NEW In 1906, the village was incorporated, tures corrosion-resistant fiberglass for SALEM, NORTH DAKOTA and Richardton was officially recog- a variety of industries, including ma- ∑ Mr. CONRAD. Mr. President, I am nized as a city in 1935. rine, pulp and paper, and power. Nota- pleased to honor a community in North Richardton has a prominent Roman bly, in 1991, Kenway moved its venture Dakota that is celebrating its 125th an- Catholic monastery, which was founded to Augusta and increased its manufac- niversary. On July 18 through 20, the by Bishop Vincent DePaul Wehrle in turing facilities to more than 10,000 residents of New Salem, ND, will cele- 1899. Vincent was the first Abbot of the square feet. The firm is expanding brate their community’s history and monastery, which was named St. again this year by doubling its current founding. Mary’s Priory, from 1903–1910. Under size while consolidating its operations. New Salem began on an April day in his leadership, the great twin-tower ca- Additionally, since 2003, the company 1882 when young John Christiansen thedral was built in 1906. has increased its staff more than two- hopped off a westbound freight train. St. Mary’s faced significant chal- fold, to nearly 80 employees, and The only sign of civilization he saw lenges after its completion in 1910 Kenway is seeking to provide even were the train tracks behind him and which eventually led to its closure. more jobs in the near future. Kenway the belongings he brought. Soon after Abbot Alcuin Deutsch of St. John’s has attracted a loyal customer base his arrival a Colonization Bureau out Abbey in Minnesota wanted to revive ranging from coast to coast and even of Chicago sent settlers to the area and the Richardton community because it to Puerto Rico. gave the colony its independence for was still struggling financially. In 1926, The Kenway Corporation’s products $600. A church, land office, lumber Abbot Deutsch and other monks are highly advanced and heavily sought yard, drugstore, and general store were around North Dakota helped reopen after by numerous companies. Kenway

VerDate Aug 31 2005 05:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.010 S25JNPT1 jbell on PROD1PC69 with SENATE S6154 CONGRESSIONAL RECORD — SENATE June 25, 2008 makes process piping that is used in I would like to extend my sincere Originally from Rapid City, SD, petrochemical and wastewater treat- thanks and appreciation to Shane for Kayla is currently a junior at the Uni- ment facilities, as well as in power all of the fine work he has done and versity of Central Arkansas and is ma- plants and paper mills. In addition, the wish him continued success in the joring in economics and prepharmacy. firm manufactures an assortment of years to come.∑ She is a hard worker who has been custom designed dampers, tanks, f dedicated to getting the most out of scrubbers, shower pipes, and railcar her internship experience. drip pans to prevent corrosion and RECOGNIZING JORDAN FEIST I would like to extend my sincere chemical leakage. Kenway’s employees ∑ Mr. THUNE. Mr. President, today I thanks and appreciation to Kayla for engage in an array of intensive manu- wish to recognize Jordan Feist, an in- all of the fine work she has done and facturing processes, including lami- tern in my Washington, DC, office, for wish her continued success in the years nating, vacuum resin transfer molding, all of the hard work he has done for to come.∑ me, my staff, and the State of South and pultrusion. f Since its inception 61 years ago, the Dakota over the past several months. Kenway Corporation has wisely taken Originally from Sioux Falls, SD, Jor- 125TH ANNIVERSARY OF CANOVA, advantage of tools available to small dan is currently a sophomore at the SOUTH DAKOTA businesses. In 2007, the Maine Depart- University of South Dakota and is ma- ∑ Mr. THUNE. Mr. President, today I ment of Economic and Community De- joring in political science and philos- wish to recognize Canova, SD. The velopment designated Kenway a Pine ophy. He is a hard worker who has been town of Canova will commemorate the Tree Zone business, making it eligible dedicated to getting the most out of 125th anniversary of its founding with for targeted tax benefits to better com- his internship experience. celebrations July 4 to 5, 2008. pete in today’s global economy. The I would like to extend my sincere Located in Miner County, Canova company had previously won a $100,000 thanks and appreciation to Jordan for was founded in 1883 and was named grant from the Maine Technology In- all of the fine work he has done and after Italian sculptor Antonio Canova. stitute, which allowed Kenway to in- wish him continued success in the Since its beginning 125 years ago, the stall sensor systems in its piping to years to come.∑ community of Canova has continued to transfer hazardous materials. f serve as a strong example of South Da- Early last year, Kenway returned to RECOGNIZING CAMDEN HELDER kota traditions, especially in its out- its historic roots of shipbuilding by standing amateur baseball team, the ∑ purchasing Maritime Skiff from its re- Mr. THUNE. Mr. President, today I Canova Gang. tiring Massachusetts owners. Now op- wish to recognize Camden Helder, an I would like to offer my congratula- erating under the name Maritime Ma- intern in my Washington, DC, office, tions to the citizens of Canova on this rine, the company makes small, fuel- for all of the hard work he has done for milestone anniversary and wish them efficient skiffs and family fishing boats me, my staff, and the State of South continued prosperity in the years to with fiberglass decks and hulls. Dakota over the past several months. come.∑ Kenway received a $400,000 community Originally from De Smet, SD, Cam- development block grant to properly den is currently a senior at South Da- f incorporate Maritime Skiff into its kota State University and is majoring 125TH ANNIVERSARY OF HOVEN, present operations, a transition that in economics and political science. He SOUTH DAKOTA has thus far yielded positive results. To is a hard worker who has been dedi- ∑ Mr. THUNE. Mr. President, today I generate additional interest in cated to getting the most out of his in- wish to recognize Hoven, SD. The town Maritime’s line of vessels, the company ternship experience. of Hoven will commemorate the 125th recently began offering a lifetime no- I would like to extend my sincere anniversary of its founding with cele- rot warranty on all of its models. thanks and appreciation to Camden for A powerhouse and leader in fiberglass all of the fine work he has done and brations July 4 to 6, 2008. manufacturing for nearly a half cen- wish him continued success in the Located in Potter County, Hoven was tury, the Kenway Corporation’s name years to come.∑ founded in 1883 and was named after a landowner with the last name of is synonymous with quality craftsman- f ship and innovative production. Hoven. Since its beginning 125 years RECOGNIZING JONATHON Through intelligent growth and adjust- ago, the community of Hoven has con- REYNOLDS ing to economic conditions, Kenway tinued to serve as a strong example of has been successful at staying ahead of ∑ Mr. THUNE. Mr. President, today I South Dakota values and traditions. the curve and maintaining its pre- wish to recognize Jonathon ‘‘Jonny’’ I would like to offer my congratula- eminent position. I commend Ken Reynolds, an intern in my Washington, tions to the citizens of Hoven on this Priest, company president, and every- DC, office, for all of the hard work he milestone anniversary and wish them has done for me, my staff, and the continued prosperity in the years to one at the Kenway Corporation for ∑ their accomplishment in garnering the State of South Dakota over the past come. respected Manufacturer of the Year several months. f award from the Maine MEP and wish Originally from Baltic, SD, Jonny re- cently graduated from the Air Force 125TH ANNIVERSARY OF them well in their continuing endeav- WOONSOCKET, SOUTH DAKOTA ors.∑ Academy where he majored in econom- ∑ Mr. THUNE. Mr. President, today I f ics. He is a hard worker who has been dedicated to getting the most out of wish to recognize Woonsocket, SD. The RECOGNIZING SHANE BRYAN his internship experience. town of Woonsocket will commemorate ∑ Mr. THUNE. Mr. President, today I I would like to extend my sincere its 125th anniversary of its founding wish to recognize Shane Bryan, an in- thanks and appreciation to Jonny for with celebrations July 3 to 6, 2008. tern in my Washington, DC, office, for all of the fine work he has done and Located in Sanborn County, all of the hard work he has done for wish him continued success in the Woonsocket was founded in 1883 and me, my staff, and the State of South years to come.∑ was named after Woonsocket, RI. Since Dakota over the past several months. f its beginning 125 years ago, the com- Originally from Oacoma-Chamber- munity of Woonsocket has continued lain, SD, Shane is currently a sopho- RECOGNIZING KAYLA WOLFF to serve as a strong example of South more at the University of South Da- ∑ Mr. THUNE. Mr. President, today I Dakota values and traditions. kota and is majoring in political wish to recognize Kayla Wolff, an in- I would like to offer my congratula- science and communication studies. He tern in my Washington, DC, office, for tions to the citizens of Woonsocket on is a hard worker who has been dedi- all of the hard work she has done for this milestone anniversary and wish cated to getting the most out of his in- me, my staff, and the State of South them continued prosperity in the years ternship experience. Dakota over the past several months. to come.∑

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.053 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6155 MESSAGES FROM THE PRESIDENT sist children in foster care in developing or Whereas, coastal Louisiana was formed by maintaining connections to family, commu- the depositional processes of the Mississippi Messages from the President of the nity, support, health care, and school, and River over the past seven thousand five hun- United States were communicated to for other purposes; to the Committee on Fi- dred years; and the Senate by Mrs. Neiman, one of his nance. Whereas, the thick fluvial deposits that secretaries. H.R. 6312. An act to advance credit union comprise the Mississippi River Delta are nat- efforts to promote economic growth, modify urally prone to compaction under their own f credit union regulatory standards and reduce weight, but if sediment supplies are suffi- EXECUTIVE MESSAGES REFERRED burdens, to provide regulatory relief and im- cient, the delta can build and maintain its prove productivity for insured depository in- surfaces as sea level rises; and As in executive session the Presiding stitutions, and for other purposes; to the Whereas, the land building processes of the Officer laid before the Senate messages Committee on Banking, Housing, and Urban Mississippi River have been halted in South from the President of the United Affairs. Louisiana by a combination of levees which prevent seasonal overbank flooding and sedi- States submitting sundry nominations f which were referred to the appropriate ment deposition, dredged waterways which committees. MEASURES PLACED ON THE channel freshwater and sediment to the Gulf CALENDAR of Mexico, and upstream dam construction (The nominations received today are which prevent sediment from naturally printed at the end of the Senate pro- The following bills were read the sec- reaching the Louisiana coast; and ceedings.) ond time, and placed on the calendar: Whereas, over fifteen hundred square miles f S. 3186. A bill to provide funding for the of Louisiana’s coastal wetlands and barrier Low-Income Home Energy Assistance Pro- islands have been lost to open water since MESSAGES FROM THE HOUSE gram. the early 1930s, and scientists project that another five hundred square miles will be At 2:47 p.m., a message from the H.R. 6331. An act to amend titles XVIII and XIX of the Social Security Act to extend ex- lost by 2050, if current resource management House of Representatives, delivered by piring provisions under the Medicare Pro- practices continue; and Mrs. Cole, one of its reading clerks, an- gram, to improve beneficiary access to pre- Whereas, more than one hundred twenty nounced that the House has passed the ventive and mental health services, to en- million tons of river sediment that could be following bills, in which it requests the hance low-income benefit programs, and to used to sustain the Mississippi Delta will be concurrence of the Senate: maintain access to care in rural areas, in- lost to the Gulf of Mexico each year if noth- ing is done to restore the natural hydrology H.R. 2818. An act to amend title 38, United cluding pharmacy access, and for other pur- poses. of the Mississippi River; and States Code, to provide for the establishment Whereas, prevention of wetland loss in the of epilepsy center of excellence in the Vet- The following bill was read the first Mississippi River Deltaic Plain, which com- erans Health Administration of the Depart- and second times by unanimous con- prises most of the southeastern Louisiana ment of Veterans Affairs. sent, and placed on the calendar: coastal zone, is dependent upon restoring H.R. 4289. An act to name the Department H.R. 2818. To amend title 38, United States flows of fresh water and sediment to the of Veterans Affairs outpatient clinic in Code, to provide for the establishment of epi- delta; and Ponce, Puerto Rico, as the ‘‘Euripides Rubio lepsy centers of excellence in the Veterans Whereas, an international team of sci- Department of Veterans Affairs Outpatient Health Administration of the Department of entists convened for the express purpose of Clinic’’. Veterans Affairs. advising the state of Louisiana about its H.R. 5687. An act to amend the Federal Ad- coastal land loss problem in 2006 concluded f visory Committee Act to increase the trans- that, ‘‘The most fundamental and essential parency and accountability of Federal advi- PETITIONS AND MEMORIALS action needed to achieve a sustainable coast sory committees, and for other purposes. is to reduce, to the greatest extent possible, H.R. 6307. An act to amend parts B and E The following petitions and memo- the amount of Mississippi River sediment of title IV of the Social Security Act to as- rials were laid before the Senate and and freshwater flowing directly into the deep sist children in foster care in developing or were referred or ordered to lie on the waters of the Gulf. These valuable resources, maintaining connections to family, commu- table as indicated: which originally built coastal Louisiana, can nity, support, health care, and school, and POM–401. A resolution adopted by the only benefit the coast if they are redirected for other purposes. Council of the City of Tehachapi, California, to inshore and nearshore waters. This would H.R. 6312. An act to advance credit union expressing its support for the original and occur naturally if the river were not artifi- efforts to promote economic growth, modify historic view of the Second Amendment; to cially maintained for navigation along its credit union regulatory standards and reduce the Committee on the Judiciary. present course into deep water’’; and burdens, to provide regulatory relief and im- POM–402. A concurrent resolution adopted Whereas, fully appropriating to the Corps prove productivity for insured depository in- by the Legislature of the State of Louisiana of Engineers the revenue received from the stitutions, and for other purposes. urging Congress to appropriate the United Harbor Maintenance Tax could provide the States Army Corps of Engineers the total funds essential to both dredge rivers for At 6:40 p.m., a message from the amount of funds collected from the Harbor navigation purposes as intended by the impo- House of Representatives, delivered by Maintenance Tax; to the Committee on Ap- sition of the tax and, to go a step further, as Ms. Niland, one of its reading clerks, propriations. authorized by the tax, to use that dredge ma- terial for beneficial uses in restoring and announced that the House has passed HOUSE CONCURRENT RESOLUTION NO. 127 the following bill, without amendment: preserving coastal Louisiana. Therefore, be Whereas, Louisiana, more than most other it S. 3180. An act to temporarily extend the states, is keenly aware of the importance of Resolved, That the Legislature of Louisiana programs under the Higher Education Act of maintaining waterway channels clear for does hereby memorialize the United States 1965. navigation with several major rivers, includ- Congress to appropriate to the United States f ing the Mississippi River, flowing through Army Corps of Engineers the total amount of the state and is also keenly aware that funds collected from the Harbor Mainte- MEASURES REFERRED dredging navigation channels and letting the nance Tax so that those funds can be used for The following bills were read the first dredge material merely flow out to the Gulf dredging navigation channels and, where of Mexico is, in essence, letting Louisiana and the second times by unanimous possible, the beneficial use of dredged mate- merely flow out to the Gulf of Mexico; and rial to protect, restore, and conserve wet- consent, and referred as indicated: Whereas, if the total amount of funds col- lands along the coast of Louisiana. Be it fur- H.R. 4289. An act to name the Department lected from the Harbor Maintenance Tax is ther of Veterans Affairs outpatient clinic in appropriated to the Corps of Engineers, those Resolved, That a copy of this Resolution be Ponce, Puerto Rico, as the ‘‘Euripides Rubio funds could be used to help fund the dredging transmitted to the presiding officers of the Department of Veterans Affairs Outpatient necessary to maintain the navigation chan- Senate and the House of Representatives of Clinic’’; to the Committee on Veterans’ Af- nels open for commerce; and the Congress of the United States of America fairs. Whereas, an ancillary use of dredging ac- and to each member of the Louisiana con- H.R. 5687. An act to amend the Federal Ad- tivity that has become essential to the pres- gressional delegation. visory Committee Act to increase the trans- ervation of Louisiana’s coastline is bene- parency and accountability of Federal advi- ficial use of dredge material whereby the POM–403. A resolution adopted by the sory committees, and for other purposes; to material dredged from waterways is then House of Representatives of the State of the Committee on Homeland Security and taken and ‘‘planted’’ where it can be used to South Carolina urging Congress to appoint Governmental Affairs. preserve and grow land in the coastal areas an independent counsel to investigate unre- H.R. 6307. An act to amend parts B and E where Louisiana is losing land at an alarm- solved matters pertaining to U.S. personnel of title IV of the Social Security Act to as- ing rate; and unaccounted for from this Nation’s wars and

VerDate Aug 31 2005 05:09 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.047 S25JNPT1 jbell on PROD1PC69 with SENATE S6156 CONGRESSIONAL RECORD — SENATE June 25, 2008 conflicts beginning with World War II; to the Whereas, in memorializing America’s vet- Whereas, OTC harms the environment by Committee on Armed Services. erans, the Veterans Remembered Flag in- killing large numbers of wildlife, including HOUSE RESOLUTION cludes specific symbolism and should be de- fish, marine mammals, and sea turtles, as Whereas, the Prisoner of War—Missing in signed in substantially the following form: well as larvae and eggs, as they are drawn Action (POW/MIA) issue has been a national (a) It depicts the founding of our nation through fish screens and other parts of the dilemma since the end of World War II; and through the thirteen stars that emanate power plant cooling system; and Whereas, there is a strong need for an inde- from the hoist of the flag and march to the Whereas, regulations adopted under Sec- pendent investigation into all unresolved large red star, representing our nation and tion 316(b) of the federal Clean Water Act matters relating to any United States per- the five branches of our country’s military recognize the adverse impacts of OTC by ef- sonnel unaccounted for from the Vietnam that defend her: the Army, Navy, Air Force, fectively prohibiting new power plants from War, the Korean War, World War II, the Cold Marines, and Coast Guard. using such systems and requiring existing War, the Gulf Wars, and other conflicts in- (b) The white star indicates a veteran’s power plants to reduce OTC impacts; and Whereas, the Second Circuit U.S. Court of cluding MIAs and POWs; and dedication to service. Appeals ruled that restoration measures do Whereas, it is the responsibility and the (c) The blue star honors all men and not minimize the impacts of once-through duty of the United States government to women who have ever served in our coun- cooling and cannot be used to comply with bring home Americans missing in action try’s military. Clean Water section 316(b); and from these conflicts; and (d) The gold star memorializes those who Whereas, the California State Water Re- Whereas, as of July 2005, the Government fell defending our nation. sources Control Board is currently devel- Accountability Office listed over eighty- (e) The blue stripe which bears the title of oping a state policy to implement Clean eight thousand service men and women unac- the flag honors the loyalty of veterans to our Water Act Section 316(b), which, in the draft counted for from World War II, the Korean nation, flag, and government. released for public comment, will require the War, the Cold War, the Vietnam War, the (f) The green field represents the hallowed phase out of OTC technology at coastal Gulf Wars, and other conflicts; and ground where all rest eternally; and power plants; and Whereas, American POWs and their miss- Whereas, the Veterans Remembered Flag Whereas, the National Marine Fisheries ing comrades have demonstrated the true would serve to honor all veterans who have Service (NMFS) is evaluating applications, spirit of our nation and should never be for- served in our country’s Armed Forces; now, necessitated by the pernicious impacts of gotten; and therefore, be it OTC, from thirteen power generating sta- Whereas, the families of these inspiring Resolved by the senate of the One Hundred tions located in California requesting au- Americans deserve to know what truly hap- Fifth General Assembly of the State of Ten- thority for incidental take of marine mam- pened to their loved ones; and nessee, the House of Representatives Concur- mals and seven applications from power gen- Whereas, Americans from every generation ring, That this General Assembly hereby erating stations in California requesting per- have answered the call to duty with dedica- urges the Congress of the United States to mits for incidental take of sea turtles; and tion and valor. These brave Americans de- act expeditiously to adopt a Veterans Re- Whereas, the Commission has imposed con- serve the respect and gratitude of our nation membered Flag as described herein. Be it ditions on its leases to reduce the impact of and all efforts should be made to resolve the further OTC and is seriously concerned about the en- Prisoner of War-Missing in Action issue in Resolved, That an enrolled copy of this res- vironmental consequences of the proposed their honor. Now, therefore, be it olution be transmitted to the President of incidental take of marine animals as a result Resolved by the House of Representatives, the United States, the Speaker and the Clerk of OTC; and That the members of the South Carolina of the U.S. House of Representatives, the President and the Secretary of the U.S. Sen- Whereas, alternative cooling methods such House of Representatives, by this resolution, as repowering older power plants are readily urge the United States Congress to appoint ate, and each member of the Tennessee Con- gressional Delegation. available and used nationwide, and can an independent counsel to investigate the eliminate OTC and its attendant environ- Prisoner of War-Missing in Action issue re- mental impacts and reduce the greenhouse garding unresolved matters pertaining to POM–405. A resolution adopted by the Cali- fornia State Lands Commission addressing gas emissions currently associated with fos- United States personnel unaccounted for sil fuel power generation: Now, therefore, be from this nation’s wars and conflicts begin- the incidental taking of marine animals by once-through cooling power plants; to the it ning with World War II. Be it further Resolved by the California State Lands Com- Resolved, That a copy of this resolution be Committee on Energy and Natural Re- sources. mission, That it urges the NMFS to: (1) make forwarded to the President of the United any incidental take permit consistent with States, the United States Senate and House RESOLUTION phasing out OTC, and at the minimum, in- of Representatives, and the members of the Whereas, a cornerstone of the value and clude a clause requiring expiration of the South Carolina Congressional Delegation. uniqueness of California’s 1,100 mile coast- permit if OTC is no longer permitted at the line and adjacent coastal waters is the rich- requesting facility or generally within the POM–404. A joint resolution adopted by the ness and diversity of marine life, including state; (2) deny any incidental take permit for Senate of the State of Tennessee urging the fish, marine mammals, birds and plants; and power plants that have discontinued use of adoption of a Veterans Remembered Flag; to Whereas, the California State Lands Com- OTC; (3) require that information regarding the Committee on Armed Services. mission has jurisdiction over the state- historical and anticipated take be substan- SENATE JOINT RESOLUTION, NO. 901 owned tide and submerged lands from the tiated and made available to the Commission Whereas, there are flags for all branches of shoreline out three nautical miles into the and the public prior to the issuance of any the armed services, as well as flags for POWs Pacific Ocean, as well as the lands under- incidental take permit, and referenced in and MIAs, but there is no flag to honor the lying California’s bays, and navigable lakes any draft and/or final permit; and (4) require, millions of former military personnel who and rivers; and if an incidental take permit is issued, that have served our nation; and Whereas, the Commission is charged with stringent controls be implemented to elimi- Whereas, a flag is the symbol of recogni- managing these lands pursuant to the Public nate or prevent to the maximum extent pos- tion for a group or an ideal; veterans com- Trust Doctrine, a common law precept that sible the take or harassment of marine wild- pose a group and certainly represent an requires these lands be protected for public life; and be it further ideal, and surely deserve their own symbol; use and needs including commerce, naviga- Resolved, That the State Lands Commis- and tion, fisheries, water related recreation and sion supports OTC alternatives, such as Whereas, it is estimated that 20,400,000 vet- ecological preservation; and repowering projects, that eliminate OTC, re- erans have served in our nation’s military, Whereas, the Commission has aggressively duce greenhouse gas emissions and other en- comprising a significant portion of our coun- sought correction of adverse impacts on the vironmental impacts, and are part of an try’s population; and biological productivity of its lands including overall plan that moves the state towards in- Whereas, a Veterans Remembered Flag litigation over contamination off the Palos creased use of renewables and energy con- would memorialize and honor all past, Verdes Peninsula and at Iron Mountain, the servation; and be it further present, and future veterans and provide an adoption of best management practices for Resolved, That the Commission’s Executive enduring symbol to support tomorrow’s vet- marinas, and litigation to restore flows to Officer transmit copies of this resolution to erans today; and the Owens River; and the President and Vice President of the Whereas, displaying and flying this flag Whereas, California has a significant num- United States, to the Governor of California, would honor the lives of millions of men and ber of power plants that use once-through to the Majority and Minority Leaders of the women who have served our country in times cooling (OTC), the majority of which are lo- United States Senate, to the Speaker and of war, peace, and national crisis; and cated on bays and estuaries where sensitive Minority Leader of the United States House Whereas, the symbolism of this unique fish nurseries for many important species of Representatives, to each Senator and Rep- flag’s design would be all-inclusive and are located; and resentative from California in the Congress would pay respect to the history of our na- Whereas, the environmental costs of per- of the United States, to the National Marine tion, to all branches of the military, and sistent entrainment and impingement from Fisheries Service, to the National Oceanic would serve to honor those who have served once-through cooling to marine and coastal and Atmospheric Administration, to the or died in the service of our nation; and life and ecosystems are high; and United States Environmental Protection

VerDate Aug 31 2005 05:09 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.055 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6157 Agency, to the United States Supreme process in establishing the affiliation and in- siderable discretion to one state agency for Court, to the Chairs of the State Water Re- volved in its formalization to the extent the allocation of funds, with no oversight by sources Control Board, to the California En- practicable; and be it further the state legislature; and ergy Commission, to the Public Utilities Resolved, That the Province of Negros Ori- Whereas, it is traditionally the role of the Commission, to the California Coastal Com- ental be afforded the privileges and honors state legislature as the policy making mission, to the California Air Resources that Hawaii extends to its sister states and branch of the government to determine how Board, to the California Independent Sys- provinces; and be it further financial resources should be allocated; and tems Operator, and to the California Ocean Resolved, That if by June 30, 2013, the state- Whereas, state legislatures should have Protection Council, all grantees, and all cur- province affiliation with the Province of Ne- greater input and oversight regarding the al- rent lessees of public trust lands that utilize gros Oriental has not reached a sustainable location of funds under the Homeland Secu- OTC. basis by providing mutual economic benefits rity Grant Program, now: Therefore, be it through local community support, the state- Resolved by the House of Representatives of POM–406. A resolution adopted by the province affiliation shall be withdrawn; and the Twenty-fourth Legislature of the State of House of Representatives of the State of Ha- be it further Hawaii, Regular Session of 2008, That the waii approving the establishment of a state- Resolved, That certified copies of this Reso- United States Congress is requested to enact province affiliation between the State of Ha- lution be transmitted to the President of the legislation to waive the single state agency waii and the Province of Negros Oriental of United States, the President of the United requirement with regard to the administra- the Republic of the Philippines; to the Com- States Senate, the Speaker of the United tion of funds under the Homeland Security mittee on Foreign Relations. States House of Representatives, Hawaii’s Grant Program and to provide state legisla- HOUSE OF RESOLUTION NO. 85 Congressional delegation, the Governor of tures with authority to approve the alloca- the State of Hawaii, the President of the Re- tion of funds under the Homeland Security Whereas, the State of Hawaii is actively public of the Philippines through its Hono- Grant Program; and it be it further seeking to expand its international ties and lulu Consulate General, and the Governor Resolved That certified copies of this Reso- has an abiding interest in developing good- and Provincial Board of the Province of Ne- lution be transmitted to the President of the will, friendship, and economic relations be- gros Oriental, Republic of the Philippines. United States, the President of the United tween the people of Hawaii and the people of States Senate, the Speaker of the United Asian and Pacific countries; and POM–407. A resolution adopted by the States House of Representatives, the Hawaii Whereas, as part of its effort to achieve House of Representatives of the State of Ha- congressional delegation, and the State Ad- this goal, Hawaii has established a number of waii urging Congress to enact legislation to jutant General. sister-state agreements with provinces in the waive single state agency requirements with Pacific region; and regard to the administration of funds under Whereas, because of the historical rela- POM–408. A concurrent resolution adopted the Homeland Security Grant Program; to tionship between the United States of Amer- by the Senate of the State of Louisiana urg- the Committee on Homeland Security and ica and the Republic of the Philippines, there ing Congress to take the actions necessary Governmental Affairs. continue to exist valid reasons to promote to expedite the reopening of the Arabi international friendship and understanding HOUSE RESOLUTION NO. 209 Branch of the United States Postal Service for the mutual benefit of both countries to Whereas, on March 12, 1987, the President located in St. Bernard Parish; to the Com- achieve lasting peace and prosperity as it of the United States directed all affected mittee on Homeland Security and Govern- serves the common interests of both coun- agencies to issue a grants management com- mental Affairs. tries; and mon rule to adopt government-wide terms SENATE CONCURRENT RESOLUTION NO. 76 Whereas, there are historical precedents and conditions for grants to state and local Whereas, it has been almost three years exemplifying the common desire to maintain governments; and since hurricanes Katrina and Rita dev- a close cultural, commercial, and financial Whereas, consistent with their legal obli- astated this community, flooding the Arabi bridge between ethnic Filipinos living in Ha- gations, all federal agencies administering branch of the United States Postal Service; waii with their relatives, friends, and busi- programs that involve grants and coopera- and ness counterparts in the Philippines, such as tive agreements with state governments Whereas, the effects of hurricanes Katrina the previously established sister-city rela- must follow the policies outlined in the fed- and Rita continue to effect the operations of tionship between the City and County of eral Office of Management and Budget Cir- government inclusive of operations of Honolulu and the City of Cebu in the Prov- cular A–102, as revised and amended; and branches of the United States Postal Service ince of Cebu; and Whereas, the Office of Management and in St. Bernard Parish; and Whereas, similar state-province relation- Budget is authorized to grant deviations Whereas, one essential to the continued re- ships exist between the State of Hawaii and from the requirements when permissible covery of the citizens of Arabi, Louisiana, the Provinces of Cebu, Ilocos Norte, Ilocos under existing law, however deviations are along with the full restoration of govern- Sur, and Pangasinan, whereby cooperation permitted only in exceptional cir- mental services, is the reopening of the and communication have served to establish cumstances; and Arabi branch of the United States Postal exchanges in the areas of business, trade, ag- Whereas, according to a guidance docu- Service; and riculture and industry, tourism, sports, ment from the Department of Homeland Se- Whereas, this branch will be well used by health care, social welfare, and other fields curity, the governor of each state must des- the individuals in this community, particu- of human endeavor; and ignate a State Administrative Agency to larly by the elderly, the disabled, and par- Whereas, a similar state-province relation- apply for and administer the funds under the ents with young children who need a conven- ship would reinforce and cement this com- Homeland Security Grant Program; and ient location to conduct business with the mon bridge for understanding and mutual as- Whereas, Hawaii State Civil Defense is the postal service. Therefore, be it further sistance between ethnic Filipinos of both the State Administrative Agency for these pur- Resolved, That the Legislature of Louisiana State of Hawaii and the Province of Negros poses in Hawaii; and does hereby memorialize the United States Oriental; and Whereas, according to the Office for Do- Congress to take such actions as are nec- Whereas, with its vast fertile land re- mestic Preparedness Information Bulletin essary to expedite the reopening of the Arabi sources, Negros Oriental’s major industry is No. 112 (May 26, 2004), the State Administra- branch of the United States Postal Service agriculture and lists its primary crops as tive Agency is obligated to pass through no in St. Bernard Parish. Be it further sugarcane, corn, coconut, and rice, but the less than eighty per cent of its total grant Resolved, That a copy of this Resolution be province is emerging as a technological cen- award to local units of government within transmitted to the secretary of the United ter in the Central Philippines with its grow- the State; and States Senate and the clerk of the United ing business process outsourcing and other Whereas, according to the Office for Do- States House of Representatives and to each technology-related industries, and is also be- mestic Preparedness Information Bulletin member of the Louisiana delegation to the coming a notable tourist destination in the No. 120 (June 16, 2004), the remaining twenty United States Congress. Visayas, making the province much like Ha- per cent can be retained at the state level; f waii; now, therefore, be it and Resolved by the House of Representatives of Whereas, qualifying state and local govern- REPORTS OF COMMITTEES the Twenty-fourth Legislature of the State of ment agencies in Hawaii can apply to Hawaii Hawaii, Regular Session of 2008, That Gov- State Civil Defense for State Homeland Se- The following reports of committees ernor Linda Lingle of the State of Hawaii, or curity Grant Program funds, and Hawaii were submitted: her designee, be authorized and is requested State Civil Defense allocates funds based on By Mr. BINGAMAN, from the Committee to take all necessary actions to establish a investments and how well the program capa- on Energy and Natural Resources, with an state-province affiliation with the Province bilities of the various state agencies tie to- amendment in the nature of a substitute: of Negros Oriental in the Republic of the gether; and S. 27. A bill to authorize the implementa- Philippines; and be it further Whereas, a single state agency require- tion of the San Joaquin River Restoration Resolved, That the Governor or her des- ment in the application and allocation of Settlement (Rept. No. 110–400). ignee is requested to keep the Legislature of funds under the Homeland Security Grant S. 1171. A bill to amend the Colorado River the State of Hawaii fully informed of the Program is misplaced because it grants con- Storage Project Act and Public Law 87–483 to

VerDate Aug 31 2005 05:09 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.067 S25JNPT1 jbell on PROD1PC69 with SENATE S6158 CONGRESSIONAL RECORD — SENATE June 25, 2008 authorize the construction and rehabilita- *Susan D. Peppler, of California, to be an Siletz Indians of Oregon to obtain 99-year tion of water infrastructure in Northwestern Assistant Secretary of Housing and Urban lease authority for trust land; to the Com- New Mexico, to authorize the use of the rec- Development. mittee on Indian Affairs. lamation fund to fund the Reclamation *Sheila McNamara Greenwood, of Lou- By Mr. SCHUMER (for himself and Mr. Water Settlements Fund, to authorize the isiana, to be an Assistant Secretary of Hous- ENSIGN): conveyance of certain Reclamation land and ing and Urban Development. S. 3193. A bill to restrict nuclear coopera- infrastructure, to authorize the Commis- *Neel T. Kashkari, of California, to be an tion with the Kingdom of Saudi Arabia; to sioner of Reclamation to provide for the de- Assistant Secretary of the Treasury. the Committee on Foreign Relations. livery of water, and for other purposes (Rept. *Donald B. Marron, of Maryland, to be a By Mr. SMITH (for himself and Mr. No. 110–401). Member of the Council of Economic Advis- WYDEN): By Mr. BYRD, from the Committee on Ap- ers. S. 3194. A bill to transfer surplus Federal propriations: *Joseph J. Murin, of Pennsylvania, to be land administered by the Coast Guard in the Special Report entitled ‘‘Revised Alloca- President, Government National Mortgage State of Oregon; to the Committee on Indian tion to Subcommittees of Budget Totals Association. Affairs. From the Concurrent Resolution, Fiscal *Christopher R. Wall, of Virginia, to be an By Mr. SMITH (for himself and Mr. Year 2009’’ (Rept. No. 110–402). Assistant Secretary of Commerce. DODD): By Mr. LIEBERMAN, from the Committee By Mr. LIEBERMAN for the Committee on S. 3195. A bill to provide assistance to ado- on Homeland Security and Governmental Af- Homeland Security and Governmental Af- lescents and young adults with serious men- fairs, without amendment: fairs. tal health disorders as they transition to H.R. 3721. A bill to designate the facility of *Elaine C. Duke, of Virginia, to be Under adulthood; to the Committee on Health, Edu- the United States Postal Service located at Secretary for Management, Department of cation, Labor, and Pensions. 1190 Lorena Road in Lorena, Texas, as the Homeland Security. By Ms. CANTWELL (for herself and ‘‘Marine Gunnery Sgt. John D. Fry Post Of- *Nomination was reported with rec- Mrs. MURRAY): fice Building’’. S. 3196. A bill to amend the Federal Water H.R. 4185. A bill to designate the facility of ommendation that it be confirmed sub- ject to the nominee’s commitment to Pollution Control Act to provide assistance the United States Postal Service located at for programs and activities to protect the 11151 Valley Boulevard in El Monte, Cali- respond to requests to appear and tes- water quality of Puget Sound, and for other fornia, as the ‘‘Marisol Heredia Post Office tify before any duly constituted com- purposes; to the Committee on Environment Building’’. mittee of the Senate. and Public Works. H.R. 5168. A bill to designate the facility of f By Mr. DURBIN: the United States Postal Service located at S. 3197. A bill to amend title 11, United 19101 Cortez Boulevard in Brooksville, Flor- INTRODUCTION OF BILLS AND States Code, to exempt for a limited period, ida, as the ‘‘Cody Grater Post Office Build- JOINT RESOLUTIONS from the application of the means-test pre- ing’’. The following bills and joint resolu- sumption of abuse under chapter 7, quali- H.R. 5395. A bill to designate the facility of fying members of reserve components of the the United States Postal Service located at tions were introduced, read the first Armed Forces and members of the National 11001 Dunklin Drive in St. Louis, Missouri, and second times by unanimous con- Guard who, after September 11, 2001, are as the ‘‘William ‘Bill’ Clay Post Office Build- sent, and referred as indicated: called to active duty or to perform a home- ing’’. By Mr. HAGEL (for himself and Mrs. land defense activity for not less than 90 H.R. 5479. A bill to designate the facility of FEINSTEIN): days; to the Committee on the Judiciary. the United States Postal Service located at S. 3187. A bill to establish a comprehensive By Mr. LAUTENBERG (for himself, 117 North Kidd Street in Ionia, Michigan, as interagency response to reduce lung cancer Mr. SMITH, Ms. CANTWELL, and Ms. the ‘‘Alonzo Woodruff Post Office Building’’. SNOWE): H.R. 5517. A bill to designate the facility of mortality in a timely manner; to the Com- S. 3198. A bill to amend title 46, United the United States Postal Service located at mittee on Health, Education, Labor, and States Code, with respect to the navigation 7231 FM 1960 in Humble, Texas, as the ‘‘Texas Pensions. of submersible or semi-submersible vessels Military Veterans Post Office’’. By Mr. DODD: without nationality; to the Committee on H.R. 5528. A bill to designate the facility of S. 3188. A bill for the liquidation or reliqui- Commerce, Science, and Transportation. the United States Postal Service located at dation of certain entries of top-of-the-stove By Mr. LAUTENBERG (for himself, 120 Commercial Street in Brockton, Massa- stainless steel cooking ware from the Repub- Ms. CANTWELL, Mr. SMITH, Mrs. MUR- chusetts, as the ‘‘Rocky Marciano Post Of- lic of Korea, and for other purposes; to the RAY, Mr. SCHUMER, Ms. STABENOW, fice Building’’. Committee on Finance. and Mr. VITTER): S. 2622. A bill to designate the facility of By Mr. BINGAMAN (for himself and the United States Postal Service located at Mr. DOMENICI): S. 3199. A bill to amend the Internal Rev- 11001 Dunklin Road in St. Louis, Missouri, as S. 3189. A bill to amend Public Law 106–392 enue Code of 1986 to exempt certain shipping the ‘‘William ‘Bill’ Clay Post Office’’. to require the Administrator of the Western from the harbor maintenance tax; to the S. 3015. A bill to designate the facility of Area Power Administration and the Commis- Committee on Finance. the United States Postal Service located at sioner of Reclamation to maintain sufficient By Mr. WICKER (for himself, Mr. 18 S. G Street, Lakeview, Oregon, as the ‘‘Dr. revenues in the Upper Colorado River Basin VITTER, Mr. CRAIG, Mr. ROBERTS, Mr. Bernard Daly Post Office Building’’. Fund, and for other purposes; to the Com- INHOFE, Mr. BROWNBACK, Mr. ALLARD, S. 3082. A bill to designate the facility of mittee on Energy and Natural Resources. Mr. THUNE, and Mr. SHELBY): the United States Postal Service located at By Mr. SCHUMER: S.J. Res. 43. A joint resolution proposing 1700 Cleveland Avenue in Kansas City, Mis- S. 3190. A bill to amend the Internal Rev- an amendment to the Constitution of the souri, as the ‘‘Reverend Earl Abel Post Office enue Code of 1986 to require employers to no- United States relating to marriage; to the Building’’. tify their employees of the availability of Committee on the Judiciary. the earned income credit; to the Committee f on Finance. f EXECUTIVE REPORTS OF By Ms. SNOWE (for herself, Mr. NEL- COMMITTEES SON of Florida, Ms. CANTWELL, Mr. KERRY, Mr. VITTER, Mr. LEVIN, Mr. SUBMISSION OF CONCURRENT AND The following executive reports of VOINOVICH, Mrs. BOXER, Mr. CARDIN, SENATE RESOLUTIONS nominations were submitted: and Ms. MIKULSKI): The following concurrent resolutions S. 3191. A bill to develop and promote a By Mr. DODD for the Committee on Bank- and Senate resolutions were read, and ing, Housing, and Urban Affairs. comprehensive plan for a national strategy *Elisse Walter, of Maryland, to be a Mem- to address harmful algal blooms and hypoxia referred (or acted upon), as indicated: ber of the Securities and Exchange Commis- through baseline research, forecasting and By Mr. SMITH (for himself and Mr. sion for a term expiring June 5, 2012. monitoring, and mitigation and control CONRAD): *Troy A. Paredes, of Missouri, to be a while helping communities detect, control, S. Res. 601. A resolution designating Octo- Member of the Securities and Exchange and mitigate coastal and Great Lakes harm- ber 19 through October 25, 2008, as ‘‘National Commission for a term expiring June 5, 2013. ful algal blooms and hypoxia events; to the Save for Retirement Week’’; to the Com- *Luis Aguilar, of Georgia, to be a Member Committee on Commerce, Science, and mittee on the Judiciary. of the Securities and Exchange Commission Transportation. By Mr. NELSON of Nebraska (for him- for the remainder of the term expiring June By Mr. WYDEN (for himself and Mr. self, Mr. CHAMBLISS, Mr. WHITEHOUSE, 5, 2010. SMITH): Mr. JOHNSON, and Mr. SMITH): *Michael E. Fryzel, of Illinois, to be a S. 3192. A bill to amend the Act of August S. Res. 602. A bill supporting the goals and Member of the National Credit Union Admin- 9, 1955, to authorize the Cow Creek Band of ideals of ‘‘National Life Insurance Awareness istration Board for a term expiring August 2, Umpqua Tribe of Indians, the Coquille Indian Month’’; to the Committee on Banking, 2013. Tribe, and the Confederated Tribes of the Housing, and Urban Affairs.

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.042 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6159 ADDITIONAL COSPONSORS terrorism, reduce global nuclear arse- 2799, a bill to amend title 38, United S. 186 nals, stop the spread of nuclear weap- States Code, to expand and improve ons and related material and tech- health care services available to At the request of Mr. SPECTER, the names of the Senator from Virginia nology, and support the responsible women veterans, especially those serv- and peaceful use of nuclear technology. ing in Operation Iraqi Freedom and Op- (Mr. WEBB) and the Senator from Mis- eration Enduring Freedom, from the souri (Mrs. MCCASKILL) were added as S. 2059 cosponsors of S. 186, a bill to provide At the request of Mrs. CLINTON, the Department of Veterans Affairs, and appropriate protection to attorney-cli- name of the Senator from Virginia (Mr. for other purposes. ent privileged communications and at- WEBB) was added as a cosponsor of S. S. 2902 torney work product. 2059, a bill to amend the Family and At the request of Ms. SNOWE, the S. 901 Medical Leave Act of 1993 to clarify the name of the Senator from Georgia (Mr. At the request of Mr. GRAHAM, his eligibility requirements with respect ISAKSON) was added as a cosponsor of S. name was added as a cosponsor of S. to airline flight crews. 2902, a bill to ensure the independent 901, a bill to amend the Public Health S. 2505 operation of the Office of Advocacy of Service Act to provide additional au- At the request of Ms. CANTWELL, the the Small Business Administration, en- thorizations of appropriations for the name of the Senator from Kentucky sure complete analysis of potential im- health centers program under section (Mr. BUNNING) was added as a cosponsor pacts on small entities of rules, and for 330 of such Act. of S. 2505, a bill to allow employees of other purposes. S. 991 a commercial passenger airline carrier S. 2920 At the request of Mr. DURBIN, the who receive payments in a bankruptcy At the request of Mr. KERRY, the name of the Senator from North Caro- proceeding to roll over such payments names of the Senator from South Da- lina (Mrs. DOLE) was added as a cospon- into an individual retirement plan, and kota (Mr. JOHNSON) and the Senator sor of S. 991, a bill to establish the Sen- for other purposes. from Arkansas (Mr. PRYOR) were added ator Paul Simon Study Abroad Foun- S. 2565 as cosponsors of S. 2920, a bill to reau- dation under the authorities of the Mu- At the request of Mr. BIDEN, the thorize and improve the financing and tual Educational and Cultural Ex- name of the Senator from California entrepreneurial development programs change Act of 1961. (Mrs. BOXER) was added as a cosponsor of the Small Business Administration, S. 1069 of S. 2565, a bill to establish an awards and for other purposes. At the request of Ms. SNOWE, the mechanism to honor exceptional acts S. 2931 name of the Senator from Maryland of bravery in the line of duty by Fed- At the request of Ms. SNOWE, the (Ms. MIKULSKI) was added as a cospon- eral law enforcement officers. names of the Senator from Connecticut sor of S. 1069, a bill to amend the Pub- S. 2579 (Mr. DODD) and the Senator from Min- lic Health Service Act regarding early At the request of Mr. INOUYE, the nesota (Mr. COLEMAN) were added as co- detection, diagnosis, and treatment of names of the Senator from Oregon (Mr. sponsors of S. 2931, a bill to amend title hearing loss. SMITH) and the Senator from Massa- XVIII of the Social Security Act to ex- S. 1183 chusetts (Mr. KERRY) were added as co- empt complex rehabilitation products At the request of Mr. HARKIN, the sponsors of S. 2579, a bill to require the and assistive technology products from name of the Senator from Michigan Secretary of the Treasury to mint the Medicare competitive acquisition (Ms. STABENOW) was added as a cospon- coins in recognition and celebration of program. sor of S. 1183, a bill to enhance and fur- the establishment of the United States S. 2952 ther research into paralysis and to im- Army in 1775, to honor the American At the request of Mr. MENENDEZ, the prove rehabilitation and the quality of soldier of both today and yesterday, in name of the Senator from Vermont life for persons living with paralysis wartime and in peace, and to com- (Mr. SANDERS) was added as a cospon- and other physical disabilities, and for memorate the traditions, history, and sor of S. 2952, a bill to improve food other purposes. heritage of the United States Army safety through mandatory meat, meat and its role in American society, from S. 1232 product, poultry, and poultry product the colonial period to today. At the request of Mr. DODD, the recall authority, to require the Sec- names of the Senator from Maryland S. 2668 retary of Agriculture to improve com- (Mr. CARDIN) and the Senator from New At the request of Mr. KERRY, the munication about recalls with schools Mexico (Mr. DOMENICI) were added as name of the Senator from Georgia (Mr. participating in the school lunch and cosponsors of S. 1232, a bill to direct CHAMBLISS) was added as a cosponsor of breakfast programs, and for other pur- the Secretary of Health and Human S. 2668, a bill to amend the Internal poses. Services, in consultation with the Sec- Revenue Code of 1986 to remove cell S. 2955 retary of Education, to develop a vol- phones from listed property under sec- At the request of Mr. WHITEHOUSE, untary policy for managing the risk of tion 280F. the names of the Senator from Penn- food allergy and anaphylaxis in S. 2669 sylvania (Mr. CASEY), the Senator from schools, to establish school-based food At the request of Ms. SNOWE, the Mississippi (Mr. COCHRAN) and the Sen- allergy management grants, and for name of the Senator from Oregon (Mr. ator from Mississippi (Mr. WICKER) other purposes. SMITH) was added as a cosponsor of S. were added as cosponsors of S. 2955, a S. 1924 2669, a bill to provide for the implemen- bill to authorize funds to the Local Ini- At the request of Mr. CARPER, the tation of a Green Chemistry Research tiatives Support Corporation to carry name of the Senator from Louisiana and Development Program, and for out its Community Safety Initiative. (Ms. LANDRIEU) was added as a cospon- other purposes. S. 2979 sor of S. 1924, a bill to amend chapter S. 2672 At the request of Mr. KERRY, the 81 of title 5, United States Code, to cre- At the request of Mr. CONRAD, the name of the Senator from Louisiana ate a presumption that a disability or names of the Senator from South Da- (Ms. LANDRIEU) was added as a cospon- death of a Federal employee in fire pro- kota (Mr. JOHNSON) and the Senator sor of S. 2979, a bill to exempt the Afri- tection activities caused by any of cer- from Georgia (Mr. ISAKSON) were added can National Congress from treatment tain diseases is the result of the per- as cosponsors of S. 2672, a bill to pro- as a terrorist organization, and for formance of such employee’s duty. vide incentives to physicians to prac- other purposes. S. 1977 tice in rural and medically underserved S. 3038 At the request of Mr. KERRY, his communities. At the request of Mr. GRASSLEY, the name was added as a cosponsor of S. S. 2799 name of the Senator from Texas (Mrs. 1977, a bill to provide for sustained At the request of Mrs. MURRAY, the HUTCHISON) was added as a cosponsor of United States leadership in a coopera- name of the Senator from Maine (Ms. S. 3038, a bill to amend part E of title tive global effort to prevent nuclear COLLINS) was added as a cosponsor of S. IV of the Social Security Act to extend

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.061 S25JNPT1 jbell on PROD1PC69 with SENATE S6160 CONGRESSIONAL RECORD — SENATE June 25, 2008 the adoption incentives program, to Heating Oil Reserve Account, and for program, and expanded under virtually authorize States to establish a relative other purposes. every President since, the EITC sends a guardianship program, to promote the S. RES. 580 message that if you work hard and play adoption of children with special needs, At the request of Mr. BAYH, the by the rules, you shouldn’t live in pov- and for other purposes. names of the Senator from Mississippi erty. S. 3061 (Mr. WICKER) and the Senator from I know the program isn’t perfect, but At the request of Mr. BIDEN, the Maryland (Mr. CARDIN) were added as it’s the best tax tool we have for help- name of the Senator from Maryland cosponsors of S. Res. 580, a resolution ing working families make ends meet. (Mr. CARDIN) was added as a cosponsor expressing the sense of the Senate on Combined with the recent increase in of S. 3061, a bill to authorize appropria- preventing Iran from acquiring a nu- the minimum wage that Democrats tions for fiscal years 2008 through 2011 clear weapons capability. pushed through the Congress, the EITC for the Trafficking Victims Protection AMENDMENT NO. 4995 is improving the lives of million of families. Act of 2000, to enhance measures to At the request of Mr. BROWN, the For tax year 2006, more than $44 bil- combat trafficking in persons, and for name of the Senator from Ohio (Mr. lion in benefits were distributed to other purposes. VOINOVICH) was added as a cosponsor of more than 22.4 million American fami- S. 3093 amendment No. 4995 intended to be pro- lies. That shows what a success the At the request of Mr. GRASSLEY, the posed to H.R. 3221, a bill to provide program is. name of the Senator from Alaska (Mr. needed housing reform and for other As one of the most populous states, STEVENS) was added as a cosponsor of purposes. with millions of working families of S. 3093, a bill to extend and improve AMENDMENT NO. 5005 modest means, the numbers for New the effectiveness of the employment At the request of Mr. ISAKSON, the York State by itself are impressive. In eligibility confirmation program. name of the Senator from Tennessee 2006, nearly 1.5 million New York fami- S. 3134 (Mr. ALEXANDER) was added as a co- lies took advantage of the EITC, claim- At the request of Mr. NELSON of Flor- sponsor of amendment No. 5005 in- ing $2.8 billion in benefits. That’s an ida, the name of the Senator from tended to be proposed to H.R. 3221, a average of $1,867 per family. But if the Vermont (Mr. SANDERS) was added as a bill to provide needed housing reform estimates from the Government Ac- cosponsor of S. 3134, a bill to amend the and for other purposes. countability Office are right and 25 per- Commodity Exchange Act to require AMENDMENT NO. 5020 cent of eligible families do not file for energy commodities to be traded only At the request of Mr. ENSIGN, the the credit, that’s almost 500,000 fami- on regulated markets, and for other name of the Senator from North Caro- lies in my state who are missing out. purposes. lina (Mr. BURR) was added as a cospon- At an average EITC benefit of nearly S. 3141 sor of amendment No. 5020 intended to $1,900, that means that more than $900 At the request of Mrs. MURRAY, the be proposed to H.R. 3221, a bill to pro- million could be going back into the name of the Senator from New York vide needed housing reform and for pockets of New Yorkers—without a sin- (Mrs. CLINTON) was added as a cospon- other purposes. gle change in the law—if we could find sor of S. 3141, a bill to provide for non- f a way to reach these families. It could discrimination by eligible lenders in represent a second stimulus package STATEMENTS ON INTRODUCED the Federal Family Education Loan for 500,000 working families as large as BILLS AND JOINT RESOLUTIONS Program. the one we passed earlier this year— S. 3143 By Mr. SCHUMER: and all eligible families have to do is At the request of Mr. DURBIN, the S. 3190. A bill to amend the Internal ask for it. name of the Senator from Louisiana Revenue Code of 1986 to require em- With gasoline costing over $4 a gal- (Mr. VITTER) was added as a cosponsor ployers to notify their employees of lon, and health care and tuition costs of S. 3143, a bill to assist law enforce- the availability of the earned income on the rise, if we can get an average of ment agencies in locating, arresting, credit; to the Committee on Finance. $1,900 into the pockets of 500,000 New and prosecuting fugitives from justice. Mr. SCHUMER. Mr. President, I am York families, or 7.5 million people na- pleased to introduce today, along with S. 3166 tionally—that’s an opportunity we my colleague from the House, Rep. can’t pass up. At the request of Mr. SESSIONS, the RAHM EMANUEL, an important and non- Since these families are eligible for name of the Senator from Pennsyl- controversial bill designed to increase the credit under current law, it’s not a vania (Mr. SPECTER) was added as a co- the percentage of eligible families that policy that has to be scored or ‘‘paid sponsor of S. 3166, a bill to amend the claim the Earned Income Tax Credit, for’’ under the PAYGO rules, because Immigration and Nationality Act to or EITC, every year. current law assumes these benefits will impose criminal penalties on individ- The bill is endorsed by the Service be paid. I can’t imagine anyone object- uals who assist aliens who have en- Employees International Union, SEIU, ing to this bill. gaged in genocide, torture, or Wal-Mart, the Center on Budget and The Emanuel/Schumer legislation extrajudicial killings to enter the Policy Priorities, the Citizens for Tax simply requires that employers notify United States. Justice, the Leadership Conference on their workers of their potential eligi- S. 3167 Civil Rights, Corporate Voices for bility for the EITC when they send out At the request of Mr. BURR, the Working Families, the College and Uni- the annual W–2 wage notice. To satisfy names of the Senator from Kansas (Mr. versity Professional Association for the notice requirement, employers ROBERTS) and the Senator from Wyo- Human Resources, TJ Maxx, Kindred would provide either a copy of IRS No- ming (Mr. BARRASSO) were added as co- Healthcare, and Cintas. tice 797, which explains how one quali- sponsors of S. 3167, a bill to amend title Even in these tough economic times, fies for the EITC, or a separate written 38, United States Code, to clarify the Wal-Mart is still the nation’s top pri- notice that is described in the language conditions under which veterans, their vate employer, and they place a huge of the bill. surviving spouses, and their children emphasis on keeping their business For those that might be concerned may be treated as adjudicated men- costs low. If they are taking such a about the cost to business, our bill ex- tally incompetent for certain purposes. lead role on this bill, it should send a empts firms with less than 25 employ- S. 3170 strong signal to the business commu- ees. At the request of Ms. SNOWE, the nity and to Republicans that it is a This is a bill that is such common- name of the Senator from Connecticut good idea and that the cost burden on sense, and represents such little cost to (Mr. LIEBERMAN) was added as a co- business is next to nothing. business, and offers such a large poten- sponsor of S. 3170, a bill to amend the The EITC is a hugely important and tial benefit to so many families, that Energy Policy and Conservation Act to popular program for working families. it’s something that we ought to be able modify the conditions for the release of Started under President Ford after to pass unanimously before the end of products from the Northeast Home President Nixon advanced a similar the year.

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.062 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6161 Rep. EMANUEL and I sent a letter to SEC. 3. EMPLOYER NOTIFICATION OF AVAIL- tion during any calendar year if the em- ABILITY OF EARNED INCOME CRED- ployer employed an average of 25 or fewer Treasury Secretary Henry Paulson IT. today about the bill. Even though the employees on business days during the pre- (a) IN GENERAL.—Chapter 77 of the Internal ceding calendar year. For purposes of the Bush Administration is nearing its end, Revenue Code of 1986 (relating to miscella- preceding sentence, a preceding calendar the goals of this legislation could be neous provisions) is amended by adding at year may be taken into account only if the accomplished via regulation or execu- the end the following new section: employer was in existence throughout such tive order, and I urge the Administra- ‘‘SEC. 7529. EMPLOYER NOTIFICATION OF AVAIL- year. ABILITY OF EARNED INCOME CRED- ‘‘(2) EMPLOYERS NOT IN EXISTENCE IN PRE- tion to take such action and render the IT. CEDING YEAR.—In the case of an employer bill moot. Rep. EMANUEL and I would ‘‘(a) IN GENERAL.—Every employer re- be happy not to have to pass this bill. quired to provide a statement under section which was not in existence throughout the Otherwise, we will push it and hope to 6051 (relating to W–2 statements) to a poten- preceding calendar year, the determination tial EIC-eligible employee shall provide to under paragraph (1) shall be based on the av- pass it with broad bipartisan support erage number of employees that it is reason- by year’s end. With unions and major such employee the notice described in sub- section (c). ably expected such employer will employ on employers both supporting the bill, ‘‘(b) POTENTIAL EIC-ELIGIBLE EMPLOYEE.— business days in the current calendar year. there really should be no objection. For purposes of this section, the term ‘poten- ‘‘(3) SPECIAL RULES.— Mr. President, I ask unanimous con- tial EIC-eligible employee’ means any indi- ‘‘(A) CONTROLLED GROUPS.—For purposes of this subsection, all persons treated as a sin- sent that the text of the bill and a let- vidual whose annual wages from the em- ployer are less than the amount of earned in- gle employer under subsection (b), (c), (m), ter of support be printed in the come (as defined in section 32(c)(2)) at which or (o) of section 414 shall be treated as 1 em- RECORD. the credit under section 32(a) phases out for ployer. There being no objection, the mate- an individual described in section ‘‘(B) PREDECESSORS.—Any reference in this rial was ordered to be printed in the 32(c)(1)(A)(ii) (or such other amount as may subsection to an employer shall include a be prescribed by the Secretary). reference to any predecessor of such em- RECORD, as follows: ‘‘(c) CONTENTS OF NOTICE.— ployer. S. 3190 ‘‘(1) IN GENERAL.—The notice required by ‘‘(e) TIMING OF NOTICE.—The notice re- subsection (a) shall be— quired by subsection (a) shall be provided to Be it enacted by the Senate and House of Rep- ‘‘(A) a copy of Internal Revenue Service each employee at the same time the em- resentatives of the United States of America in Notice 797 or any successor notice, or ployer statement is furnished to each such Congress assembled, ‘‘(B) a notice stating: ‘Based on your an- employee under section 6051. ANNER OF ROVIDING OTICE SECTION 1. SHORT TITLE. nual earnings, you may be eligible to receive ‘‘(f) M P N .—The the earned income credit from the Federal notice required by subsection (a) shall be This Act may be cited as the ‘‘Earned In- Government. The earned income credit is a provided either by hand or by mail to the ad- come Credit Information Act of 2008’’. tax credit for certain working individuals dress used to provide the statement under SEC. 2. FINDINGS AND PURPOSE. and families. In 2008, earned income credit section 6051 to the employee.’’. (b) PENALTY FOR FAILURE TO PROVIDE NO- (a) FINDINGS.—The Congress hereby finds: benefits are available for taxpayers with earnings up to $38,646 ($41,646 if married fil- TICE.—Section 6724(d)(2) of such Code is (1) President Gerald Ford and Congress cre- amended by striking ‘‘or’’ at the end of sub- ing jointly). Eligibility and benefit amounts ated the earned income credit (EIC) in 1975 paragraph (BB), by striking the period at the vary according to filing status (single or to offset the adverse effects of Social Secu- end of subparagraph (CC) and inserting ‘‘, married), number of qualifying children, and rity and Medicare payroll taxes on working or’’, and by inserting after subparagraph other sources of income. For example, in poor families and to encourage low-income (CC) the following new subparagraph: 2008, earned income credit benefits are avail- workers to seek employment rather than ‘‘(DD) section 7529 (relating to employer able for childless taxpayers earning less than welfare. notification of availability of earned income $15,880, taxpayers with 1 child earning less (2) President Ronald Reagan described the credit).’’. than $36,995, and taxpayers with 2 or more earned income credit as ‘‘the best anti-pov- (c) CLERICAL AMENDMENT.—The table of children earning less than $41,646. In most erty, the best pro-family, the best job-cre- sections for such chapter 77 is amended by cases, earned income credit payments will ation measure to come out of Congress.’’ adding at the end the following new item: not be used to determine eligibility for Med- (3) Over the last 30 years, the EIC program icaid, supplemental security income, food ‘‘Sec. 7529. Employer notification of avail- has grown into the largest Federal anti-pov- stamps, low-income housing or most tem- ability of earned income cred- erty program in the United States. In 2005, porary assistance for needy families pro- it.’’. 22.8 million tax filers received $42.4 billion in grams. Even if you do not owe Federal taxes, (d) EFFECTIVE DATE.—The amendments tax credits through the EIC program. you may qualify, but must file a tax return made by this section shall apply with respect (4) In 2007, the EIC provided a maximum to receive the earned income credit. For in- to statements required to be provided under Federal benefit of $4,716 for families with 2 or formation regarding your eligibility to re- section 6051 of the Internal Revenue Code of more children, $2,853 for families with a sin- ceive the earned income credit, contact the 1986 more than 180 days after the date of the gle child, and $428 for a taxpayer with no Internal Revenue Service by calling 1-800- enactment of this Act. qualifying children. 829-1040 or through its web site at (5) Based on analysis conducted by the www.irs.gov. The Volunteer Income Tax As- JUNE 25, 2008. General Accountability Office, 25 percent of sistance (VITA) program provides free tax Hon. HENRY PAULSON, those eligible to receive the EIC do not take preparation assistance to individuals under Secretary, Department of the Treasury, Wash- advantage of the tax benefit. the above income limits. Call the IRS at 1- ington, DC. (6) Based on analysis conducted by the 800-906-9887 to find sites in your area.’. DEAR SECRETARY PAULSON: Over the last 30 Joint Economic Committee, working Ameri- years, the Earned Income Tax Credit (EITC) ‘‘(2) YEARS AFTER 2008.—In the case of the has grown into the largest Federal anti-pov- cans may have lost out on approximately $8 notice in paragraph (1)(B) for taxable years erty program in the United States. In 2006, billion in unclaimed earned income credits beginning in a calendar year after 2008— over 22 million taxpayers received almost $44 in 2004. ‘‘(A) such calendar year shall be sub- billion through the EITC. During its history, (7) In response to a study by the California stituted for ‘2008’, the program has been supported by both Franchise Tax Board that found that there ‘‘(B) the lowest amount of earned income were approximately 460,000 California fami- Democrats and Republicans. President Ron- for a taxpayer with no qualifying children at ald Reagan described the earned income lies that qualified, but did not file, for the which the credit phases out under section EIC, Governor Arnold Schwarzenegger signed credit as ‘‘the best anti-poverty, the best 32(a)(2)(B) for taxable years beginning in pro-family, the best job-creation measure to into law Assembly Bill 650, the Earned In- such calendar year shall be substituted for come Tax Credit Information Act, on Octo- come out of Congress.’’ ‘$15,880’, As you know, millions of eligible Ameri- ber 13, 2007. The law requires that California ‘‘(C) the lowest amount of earned income employers notify employees of their poten- cans fail to take advantage of this critical for a taxpayer with 1 qualifying child at program, costing themselves billions in tax tial eligibility for the EIC. which the credit phases out under section benefits. Based on an analysis conducted by (8) In order to ensure that tax benefits de- 32(a)(2)(B) for such taxable years shall be the General Accountability Office, 25 percent signed to assist working Americans reach substituted for ‘$36,995’, and of those eligible to receive the EITC do not the maximum number of people, the Federal ‘‘(D) the lowest amount of earned income take advantage of it. The Internal Revenue Government should enact a similar law. for a taxpayer with 2 or more qualifying chil- Service (IRS) estimates that between 20 and (b) PURPOSE.—The purpose of this Act is to dren at which the credit phases out under 25 percent of taxpayers who are eligible don’t inform the greatest possible number of section 32(a)(2)(B) for such taxable years claim the credit. While this issue has been a Americans about their potential eligibility shall be substituted for ‘$41,646’. persistent source of concern, it is particu- for the earned income credit in a way that is ‘‘(d) EXEMPTION FOR SMALL EMPLOYERS.— larly troubling now when Americans are con- neither costly nor burdensome for employers ‘‘(1) IN GENERAL.—An employer shall not be tending with record high gas prices and surg- or the Government. required to provide notices under this sec- ing costs for other consumer goods.

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.045 S25JNPT1 jbell on PROD1PC69 with SENATE S6162 CONGRESSIONAL RECORD — SENATE June 25, 2008 On October 13, 2007, Governor Arnold Harmful Algal Blooms and Hypoxia Re- nounced the closure of additional shell- Schwarzenegger signed into law Assembly search and Control Act of 1998 and re- fish beds covering many areas from Bill 650, the Earned Income Tax Credit Infor- authorized in 2004, which have greatly Cutler east to the Canadian border, and mation Act. The legislation seeks to reduce enhanced our ability to predict out- today the Food and Drug Administra- the number of eligible taxpayers who fail to take advantage of the EITC by requiring breaks of harmful algal blooms and the tion asked the National Marine Fish- California employers to notify their employ- extent of hypoxic zones. But knowing eries Service to issue a closure of a sec- ees of their potential eligibility for the when outbreaks will occur is only half tion of Federal waters near George’s EITC. We believe that the California law the battle. By funding additional re- Bank to the harvest of ocean quahogs should serve as a model for federal action, search into mitigation and prevention and surf clams. and will shortly introduce legislation to ac- of HABs and hypoxia, and by enabling Still, while this year’s bloom has complish this goal. communities to develop response strat- tracked the pattern of the 2005 event, We bring this to your attention because we egies to more effectively reduce their thanks to previous investments in HAB believe that the goal of increasing awareness programs, localized testing has led to of the EITC, and thus expanding the number effects on our coastal communities, of taxpayers who access it, can also be ac- this legislation would take the next fewer closures. Unlike 2005 when nearly complished through administrative rule- critical steps to reducing the social and the entire coast of Massachusetts and making. economic impacts of these potentially much of Maine was declared off-limits Earlier in the year, you played a critical disastrous outbreaks. to shell fishermen, in this year’s role in providing needed economic stimulus I am proud to continue my leadership bloom, some unaffected areas remain to working Americans that is now helping to on this important issue and I particu- open despite being directly adjacent to soften the brunt of our current economic larly want to thank my counterpart on contaminated beds. These detailed downturn. By increasing the number of eligi- ble taxpayers who take advantage of the this key piece of legislation, Senator forecasting and testing measures will EITC program, you can build on this accom- BILL NELSON. My partnership with Sen- greatly reduce the economic impact plishment and add further stimulus by pro- ator BREAUX on the first two harmful such outbreaks impose on our coastal viding, in some cases, thousands of dollars of algal bloom bills proved extremely communities, and is directly attrib- assistance that can be used to buy gas or fruitful, and I am pleased that the Gulf utable to the efforts authorized in pre- groceries, or pay the mortgage. of Mexico—whose coastal residents are vious HAB legislation. For this reason, we ask you to explore severely impacted by both harmful Mr. President, while we have made what the Administration can do to improve algal blooms, also known as HABs, and great strides in bloom prediction and EITC outreach efforts, and specifically ask monitoring, it is clear that these prob- that you examine the possibility of requiring hypoxia—will continue to be so well employers to provide information to their represented as this program moves into lems have not gone away, but rather employees about the EITC at the same time the future. I also want to thank the increased in magnitude. Harmful algal that they provide W–2 statements. Earlier bill’s additional co-sponsors, Senators blooms remain prevalent nationwide, this year, at an EITC Awareness Day event, CANTWELL, KERRY, VITTER, VOINOVICH, and areas of hypoxia, also known as you noted: ‘‘Ensuring that more eligible fam- BOXER and LEVIN for their vital con- ‘‘dead zones’’, are now occurring with ilies receive their EITC is important this tributions. We all represent coastal increasing frequency. Within a dead year, as it is every year. I encourage people States directly affected by harmful zone, oxygen levels plummet to the all across America to check to see if you are point at which they can no longer sus- eligible for the Earned Income Credit.’’ We algal blooms and hypoxia, and we see couldn’t agree more, but believe we should first hand the ecological and economic tain life, driving out animals that can also look to employers to help taxpayers damage caused by these events. move, and killing those that cannot. take advantage of critical federal tax pro- In New England blooms of The most infamous dead zone occurs grams like the EITC. Alexandrium algae, more commonly annually in the Gulf of Mexico, off the Finally, we are aware that the Administra- known as ‘‘red tide’’, can cause shell- shores of Louisiana. In 2007, research- tion instructed federal agencies on May 9, fish to accumulate toxins that when ers there predicted the biggest hypoxic 2008 to not undertake any new rulemaking consumed by humans lead to paralytic zone ever recorded, covering more than procedures after June 1, 2008. We sincerely hope that this policy will not prevent the shellfish poisoning (PSP), a potentially 8,500 square miles. Dead zones are also Administration from helping hardworking fatal neurological disorder. Therefore, occurring with increasing frequency in Americans who need it the most. when levels of Alexandrium reach dan- more areas than ever before, including We look forward to your response and gerous levels, our fishery managers are off the coasts of Oregon and Texas. thank you for your consideration. forced to close shellfish beds that pro- The amendments contained in this Sincerely, vide hundreds of jobs and add millions legislation would enhance the Nation’s RAHM EMANUEL, of dollars to our regional economy. Red ability to predict, monitor, and ulti- House Democratic tide outbreaks—which occur in various mately control harmful algal blooms Caucus Chair. forms not just in the northeast, but and hypoxia. Understanding when CHARLES SCHUMER, Senate Democratic along thousands of miles of U.S. coast- these blooms will occur is vital, but Caucus Vice-Chair. line—have increased dramatically in the time has come to take this pro- the Gulf of Maine in the last 20 years, gram to the next level—to determine By Ms. SNOWE (for herself, Mr. with major blooms occurring almost not just when an outbreak will occur, NELSON of Florida, Ms. CANT- every year. but how to reduce its intensity or pre- WELL, Mr. KERRY, Mr. VITTER, In 2005, the most severe red tide since vent its occurrence all together. This Mr. LEVIN, Mr. VOINOVICH, Mrs 1972 blanketed the New England coast bill would build on NOAA’s successes in BOXER, Mr. CARDIN, and Ms. MI- from Martha’s Vineyard to Downeast research and forecasting by creating a KULSKI): Maine, resulting in extensive commer- program to mitigate and control HAB S. 3191. A bill to develop and promote cial and recreational shellfish har- outbreaks. a comprehensive plan for a national vesting closures lasting several months This bill also recognizes the need to strategy to address harmful algal at the peak of the seafood harvesting enhance coordination among State and blooms and hypoxia through baseline season. In a peer-reviewed study, local resource managers—those on the research, forecasting and monitoring, economists found that the 2005 event front lines who must make the deci- and mitigation and control while help- caused over $2.4 million in lost land- sions to close beaches or shellfish beds. ing communities detect, control, and ings of shellfish in the State of Maine Their decisions are critical to pro- mitigate coastal and Great Lakes alone, and more than $10 million tecting human health, but can also im- harmful algal blooms and hypoxia throughout New England. pose significant economic impacts. The events; to the Committee on Com- In May of this year, scientists once bill would mandate creation of Re- merce, Science, and Transportation. more predicted an abundance of gional Research and Action Plans that Ms. SNOWE. Mr. President, I rise Alexandrium off the New England would identify baseline research, pos- today to introduce the Harmful Algal coast, marking the onset of yet an- sible State and local government ac- Bloom and Hypoxia Amendments Act other severe harmful algal bloom in tions to prepare for and mitigate the of 2008. This bill would enhance the re- the area. Just yesterday, Maine’s De- impacts of HABs, and establish out- search programs established in the partment of Marine Resources an- reach strategies to ensure the public is

VerDate Aug 31 2005 05:09 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.050 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6163 informed of the dangers these events ‘‘(13) harmful algal blooms and hypoxia af- nominations process to select representa- can present. A regional focus on these fect many sectors of the coastal economy, tives from 2 appropriate States in different issues will ensure a more effective and including tourism, public health, and rec- regions, on a rotating basis, to serve 2-year efficient response to future events. reational and commercial fisheries; and ac- terms on the Task Force.’’; cording to a recent report produced by (3) in subsection (h), as redesignated— Mr. President, if enacted, this crit- NOAA, the United States seafood and tour- (A) by striking ‘‘Not less than once every 5 ical reauthorization would greatly en- ism industries suffer annual losses of $82 mil- years the’’ in paragraph (1) and inserting hance our Nation’s ability to predict, lion due to economic impacts of harmful ‘‘The’’; monitor, mitigate, and control out- algal blooms; (B) by striking ‘‘The first such’’ in para- breaks of HABs and hypoxia. Over half ‘‘(14) global climate change and its effect graph (1) and inserting ‘‘The’’; the U.S. population resides in coastal on oceans and the Great Lakes may ulti- (C) by striking ‘‘assessments’’ in paragraph regions, and we must do all in our mately play a role in the increase or de- (2) and inserting ‘‘assessment’’; and power to safeguard their health and the crease of harmful algal bloom and hypoxic (4) in subsection (i), as redesignated— events; (A) by striking ‘‘Not less than once every 5 health of the marine environment. The ‘‘(15) proliferations of harmful and nui- years the’’ in paragraph (1) and inserting existing Harmful Algal Bloom and Hy- sance algae can occur in all United States ‘‘The’’; poxia Program has done a laudable job waters, including coastal areas and estu- (B) by striking ‘‘The first such’’ in para- to date, and this authorization will aries, the Great Lakes, and inland water- graph (1) and inserting ‘‘The’’; allow them to expand their scope and ways, crossing political boundaries and ne- (C) by striking ‘‘All subsequent assess- provide greater benefits to the Nation cessitating regional coordination for re- ments’’ in paragraph (1) and inserting ‘‘The as a whole. I thank my cosponsors search, monitoring, mitigation, response, assessment’’; and again for their efforts in developing and prevention efforts; and (D) by striking ‘‘assessments’’ in para- ‘‘(16) following passage of the Harmful graph (2) and inserting ‘‘assessment’’. this vital legislation. Algal Bloom and Hypoxia Research and Con- Mr. President, I ask unanimous con- SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND trol Act of 1998, Federally-funded and other HYPOXIA PROGRAM. sent that the text of the bill be printed research has led to several technological ad- The Act is amended by inserting after sec- in the RECORD. vances, including remote sensing, molecular tion 603 the following: There being no objection, the text of and optical tools, satellite imagery, and ‘‘SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM the bill was ordered to be printed in coastal and ocean observing systems, that AND HYPOXIA PROGRAM. the RECORD, as follows: provide data for forecast models, improve ‘‘(a) ESTABLISHMENT.—The President, act- S. 3191 the monitoring and prediction of these ing through NOAA, shall establish and main- events, and provide essential decision mak- Be it enacted by the Senate and House of Rep- tain a national program for integrating ef- ing tools for managers and stakeholders.’’. resentatives of the United States of America in forts to address harmful algal bloom and hy- Congress assembled, SEC. 4. PURPOSE. poxia research, monitoring, prediction, con- The Act is amended by inserting after sec- trol, mitigation, prevention, and outreach. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion 602 the following: ‘‘(b) TASK FORCE FUNCTIONS.—The Task (a) SHORT TITLE.—This Act may be cited as ‘‘SEC. 602A. PURPOSES. Force shall be the oversight body for the de- the ‘‘Harmful Algal Blooms and Hypoxia velopment and implementation of the na- Amendments Act of 2008’’. ‘‘The purposes of this Act are— tional harmful algal bloom and hypoxia pro- (b) TABLE OF CONTENTS.—The table of con- ‘‘(1) to provide for the development and co- tents for this Act is as follows: ordination of a comprehensive and inte- gram and shall— grated national program to address harmful ‘‘(1) coordinate interagency review of plans Sec. 1. Short title; table of contents. algal blooms, hypoxia, and nuisance algae and policies of the Program; Sec. 2. Amendment of Harmful Algal Bloom through baseline research, monitoring, pre- ‘‘(2) assess interagency work and spending and Hypoxia Research and Con- vention, mitigation, and control; plans for implementing the activities of the trol Act of 1998. Program; Sec. 3. Findings. ‘‘(2) to provide for the assessment and con- Sec. 4. Purpose. sideration of regional and national eco- ‘‘(3) assess the Program’s distribution of Sec. 5. Interagency task force on harmful system, socio-economic, and human health Federal grants and funding to address re- algal blooms and hypoxia. impacts of harmful and nuisance algal search priorities; Sec. 6. National harmful algal bloom and blooms and hypoxia, and integration of that ‘‘(4) support implementation of the actions hypoxia program. assessment into marine and freshwater re- and strategies identified in the regional re- Sec. 7. Regional research and action plans. source decisions; and search and action plans under subsection (d); Sec. 8. Reporting. ‘‘(3) to facilitate regional, State, and local ‘‘(5) support the development of institu- Sec. 9. Pilot program for freshwater harmful efforts to develop and implement appropriate tional mechanisms and financial instru- algal blooms and hypoxia. harmful algal bloom and hypoxia event re- ments to further the goals of the program; Sec. 10. Interagency financing. sponse plans, strategies, and tools including ‘‘(6) expedite the interagency review proc- Sec. 11. Application with other laws. outreach programs and information dissemi- ess and ensure timely review and dispersal of Sec. 12. Definitions. nation mechanisms.’’. required reports and assessments under this Sec. 13. Authorization of appropriations. SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL Act; and SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM ALGAL BLOOMS AND HYPOXIA. ‘‘(7) promote the development of new tech- AND HYPOXIA RESEARCH AND CON- (a) FEDERAL REPRESENTATIVES.—Section nologies for predicting, monitoring, and TROL ACT OF 1998. 603(a) is amended— mitigating harmful algal blooms and hy- Except as otherwise expressly provided, (1) by striking ‘‘The Task Force shall con- poxia conditions. whenever in this title an amendment or re- sist of the following representatives from—’’ ‘‘(c) LEAD FEDERAL AGENCY.—NOAA shall peal is expressed in terms of an amendment and inserting ‘‘The Task Force shall consist be the lead Federal agency for implementing to, or repeal of, a section or other provision, of representatives of the Office of the Sec- and administering the National Harmful the reference shall be considered to be made retary from each of the following depart- Algal Bloom and Hypoxia Program. to a section or other provision of the Harm- ments and of the office of the head of each of ‘‘(d) RESPONSIBILITIES.—The Program ful Algal Bloom and Hypoxia Research and the following Federal agencies:’’; shall— Control Act of 1998 (16 U.S.C. 1451 note). (2) by striking ‘‘the’’ in paragraphs (1) ‘‘(1) promote a national strategy to help SEC. 3. FINDINGS. through (11) and inserting ‘‘The’’; communities understand, detect, predict, Section 602 is amended— (3) by striking the semicolon in paragraphs control, and mitigate freshwater and marine (1) by striking paragraph (8) and inserting (1) through (10) and inserting a period. harmful algal bloom and hypoxia events; the following: (4) by striking ‘‘Quality; and’’ in paragraph ‘‘(2) plan, coordinate, and implement the ‘‘(8) harmful algal blooms and hypoxia can (11) and inserting ‘‘Quality.’’; and National Harmful Algal Bloom and Hypoxia be triggered and exacerbated by increases in (5) by striking ‘‘such other’’ in paragraph Program; and nutrient loading from point and non-point (12) and inserting ‘‘Other’’. ‘‘(3) report to the Task Force via the Ad- sources, much of which originates in upland (b) STATE REPRESENTATIVES.—Section 603 ministrator. areas and is delivered to marine and fresh- is amended— ‘‘(e) DUTIES.— water bodies via river discharge, thereby re- (1) by redesignating subsections (b) ‘‘(1) ADMINISTRATIVE DUTIES.—The Program quiring integrated and landscape-level re- through (i) as subsections (c) through (j), re- shall— search and control strategies;’’; spectively; ‘‘(A) prepare work and spending plans for (2) by striking ‘‘and’’ after the semicolon (2) by inserting after subsection (a) the fol- implementing the activities of the Program in paragraph (11); lowing: and developing and implementing the Re- (3) by striking ‘‘hypoxia.’’ in paragraph (12) ‘‘(b) STATE REPRESENTATIVES.—The Sec- gional Research and Action Plans and co- and inserting ‘‘hypoxia;’’; and retary shall establish criteria for deter- ordinate the preparation of related work and (4) by adding at the end thereof the fol- mining appropriate States to serve on the spending plans for the activities of other par- lowing: Task Force and establish and implement a ticipating Federal agencies;

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.049 S25JNPT1 jbell on PROD1PC69 with SENATE S6164 CONGRESSIONAL RECORD — SENATE June 25, 2008 ‘‘(B) administer merit-based, competitive ‘‘(iii) establishing communication routes local governments and nongovernmental or- grant funding to support the projects main- for data, predictions, and management tools ganizations can undertake to educate and in- tained and established by the Program, and both to and from the regions, states, and form the public concerning harmful algal to address the research and management local communities.’’. blooms and hypoxia and alternative coastal needs and priorities identified in the Re- SEC. 7. REGIONAL RESEARCH AND ACTION resource-utilization opportunities that are gional Research and Action Plans; PLANS. available; and ‘‘(C) coordinate NOAA programs that ad- The Act, as amended by section 6, is ‘‘(7) pilot projects, if appropriate, that may dress harmful algal blooms and hypoxia and amended by inserting after section 603A the be implemented on local, State, and regional other ocean and Great Lakes science and following: scales to address the research priorities and management programs and centers that ad- ‘‘SEC. 603B. REGIONAL RESEARCH AND ACTION response actions identified in the Plan. dress the chemical, biological, and physical PLANS. ‘‘(d) PLAN TIMELINES; UPDATES.—The Pro- components of harmful algal blooms and hy- ‘‘(a) IN GENERAL.—The Program shall— gram shall ensure that— poxia; ‘‘(1) oversee the development and imple- ‘‘(1) not less than 50 percent of the Re- ‘‘(D) coordinate and work cooperatively mentation of Regional Research and Action gional Research and Action Plans developed with other Federal, State, and local govern- Plans; and under this section are completed and ap- ment agencies and programs that address ‘‘(2) identify appropriate regions and sub- proved by the Program within 12 months harmful algal blooms and hypoxia; regions to be addressed by each Regional Re- after the date of enactment of the Harmful ‘‘(E) coordinate with the State Department search and Action Plan. Algal Blooms and Hypoxia Amendments Act to support international efforts on harmful ‘‘(b) REGIONAL PANELS OF EXPERTS.—As of 2008; algal bloom and hypoxia information shar- soon as practicable after the date of enact- ‘‘(2) the remaining Regional Research and ing, research, mitigation, and control.’’. ment of the Harmful Algal Blooms and Hy- Action Plans are completed and approved by ‘‘(F) coordinate an outreach, education, poxia Amendments Act of 2008, and every 5 the Program within 24 months after such and training program that integrates and years thereafter, the Program shall convene date of enactment; and augments existing programs to improve pub- a panel of experts for each region identified ‘‘(3) each Regional Research and Action lic education about and awareness of the under subsection (a)(2) from among— Plan is updated no less frequently than once causes, impacts, and mitigation efforts for every 5 years. harmful algal blooms and hypoxia; ‘‘(1) State coastal management and plan- ning officials; ‘‘(e) FUNDING.— ‘‘(G) facilitate and provide resources for ‘‘(1) IN GENERAL.—Subject to available ap- training of State and local coastal and water ‘‘(2) water management and watershed offi- cials from both coastal states and noncoastal propriations, the Program shall make fund- resource managers in the methods and tech- ing available to eligible organizations to im- nologies for monitoring, controlling, and states with water sources that drain into water bodies affected by harmful algal plement the research, monitoring, fore- mitigating harmful algal blooms and hy- casting, modeling, and response actions in- poxia; blooms and hypoxia; ‘‘(3) public health officials; cluded under each approved Regional Re- ‘‘(H) support regional efforts to control and search and Action Plan. The Program shall mitigate outbreaks through— ‘‘(4) emergency management officials; ‘‘(5) nongovernmental organizations con- select recipients through a merit-based, ‘‘(i) communication of the contents of the competitive process and seek to fund re- Regional Research and Action Plans and cerned with marine and aquatic issues; search proposals that most effectively align maintenance of online data portals for other ‘‘(6) science and technology development with the research priorities identified in the information about harmful algal blooms and institutions; relevant Regional Research and Action Plan. hypoxia to State and local stakeholders ‘‘(7) economists; ‘‘(2) APPLICATION; ASSURANCES.—Any orga- within the region for which each plan is de- ‘‘(8) industries and businesses affected by nization seeking funding under this sub- veloped; and coastal and freshwater harmful algal blooms section shall submit an application to the ‘‘(ii) overseeing the development, review, and hypoxia; Program at such time, in such form and and periodic updating of Regional Research ‘‘(9) scientists, with expertise concerning manner, and containing such information and Action Plans established under section harmful algal blooms or hypoxia, from aca- and assurances as the Program may require. 603B; demic or research institutions; and ‘‘(I) convene an annual meeting of the ‘‘(10) other stakeholders as appropriate. The Program shall require any organization Task Force; and ‘‘(c) PLAN DEVELOPMENT.—Each regional receiving funds under this subsection to uti- ‘‘(J) perform such other tasks as may be panel of experts shall develop a Regional Re- lize the mechanisms described in subsection delegated by the Task Force. search and Action Plan for its respective re- (c)(5) to ensure the transfer of data and prod- ucts developed under the Plan. ‘‘(2) PROGRAM DUTIES.—The Program gion and submit it to the Program for ap- shall— proval and to the Task Force. The Plan shall ‘‘(3) ELIGIBLE ORGANIZATION.—In this sub- ‘‘(A) maintain and enhance— identify appropriate elements for the region, section, the term ‘eligible organization’ ‘‘(i) the Ecology and Oceanography of including— means— Harmful Algal Blooms Program; ‘‘(1) baseline ecological, social, and eco- ‘‘(A) a nongovernmental researcher or or- ‘‘(ii) the Monitoring and Event Response nomic research needed to understand the bi- ganization; or for Harmful Algal Blooms Program; ological, physical, and chemical conditions ‘‘(B) any other entity that applies for fund- ‘‘(iii) the Northern Gulf of Mexico Eco- that cause, exacerbate, and result from ing to implement the State, local, and non- systems and Hypoxia Assessment Program; harmful algal blooms and hypoxia; governmental control, mitigation, and pre- and ‘‘(2) regional priorities for ecological and vention strategies identified in the relevant ‘‘(iv) the Coastal Hypoxia Research Pro- socio-economic research on issues related to, Regional Research and Action Plan. gram; and impacts of, harmful algal blooms and hy- ‘‘(f) EMERGENCY REVIEWS.—If the Program ‘‘(B) establish— poxia; determines that an intermediate review is ‘‘(i) a Mitigation and Control of Harmful ‘‘(3) research needed to develop and ad- necessary to address emergent needs in Algal Blooms Program— vance technologies for improving capabili- harmful algal blooms and hypoxia under a ‘‘(I) to develop and promote strategies for ties to predict, monitor, prevent, control, Regional Research and Action Plan, it shall the prevention, mitigation, and control of and mitigate harmful algal blooms and hy- notify the Task Force and reconvene the rel- harmful algal blooms; and poxia; evant regional panel of experts for the pur- ‘‘(II) to fund research that may facilitate ‘‘(4) State and local government actions pose of revising the Regional Research and the prevention, mitigation, and control of that may be implemented— Action Plan so as to address the emergent harmful algal blooms; and ‘‘(A) to support long-term monitoring ef- threat or need.’’. ‘‘(III) to develop and demonstrate tech- forts and emergency monitoring as needed; SEC. 8. REPORTING. nology that may mitigate and control harm- ‘‘(B) to minimize the occurrence of harm- Section 603, as amended by section 5, is ful algal blooms; and ful algal blooms and hypoxia; amended by adding at the end thereof the ‘‘(ii) other programs as necessary; and ‘‘(C) to reduce the duration and intensity following: ‘‘(C) work cooperatively with other offices, of harmful algal blooms and hypoxia in ‘‘(k) BIANNUAL REPORTS.—The Program centers, and programs within NOAA and times of emergency; shall prepare biannual reports for the Senate other agencies represented on the Task ‘‘(D) to address human health dimensions Committee on Commerce, Science, and Force, States, and nongovernmental organi- of harmful algal blooms and hypoxia; and Transportation and the House of Representa- zations concerned with marine and aquatic ‘‘(E) to identify and protect vulnerable eco- tives Committees on Science and Technology issues to manage data, products, and systems that could be, or have been, affected and on Natural Resources that describe— infractructure, including— by harmful algal blooms and hypoxia; ‘‘(1) activities, budgets, and progress on ‘‘(i) compiling, managing, and archiving ‘‘(5) mechanisms by which data and prod- implementing the national harmful algal data from relevant programs in Task Force ucts are transferred between the Program bloom and hypoxia program; member agencies; and State and local governments and re- ‘‘(2) the proceedings of the annual Task ‘‘(ii) creating data portals for general edu- search entities; Force meeting; and cation and data dissemination on central- ‘‘(6) communication, outreach and infor- ‘‘(3) the status, activities, and funding for ized, publicly available databases; and mation dissemination efforts that State and implementation of the Regional Research

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and Action Plans, including a description of ‘‘(b) REPORT.—The Secretary of Commerce, ‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. research funded under the program and ac- in consultation with other participating Fed- ‘‘(a) IN GENERAL.—There are authorized to tions and outcomes of Plan response strate- eral agencies, shall conduct an assessment of be appropriated to NOAA to implement the gies carried out by States. the effectiveness of the pilot program in im- Program under this title— ‘‘(l) QUINQUENNIAL REPORTS.— proving freshwater habitat quality and pub- ‘‘(1) $30,000,000 for each of fiscal years 2009 ‘‘(1) HARMFUL ALGAL BLOOM AND HYPOXIA lish a report, available to the public, of the and 2010; and ASSESSMENTS.—Not less than once every 5 results of the assessment.’’. ‘‘(2) $70,000,000 for each of fiscal years 2011, years after the date of enactment of the SEC. 10. INTERAGENCY FINANCING. 2012, and 2013.The Secretary shall ensure Harmful Algal Blooms and Hypoxia Amend- The Act is amended by inserting after sec- that a substantial portion of funds appro- ments Act of 2008, the Task Force shall pre- tion 604 the following: priated pursuant to this subsection that are used for research purposes are allocated to pare a report to the Senate Committee on ‘‘SEC. 604A. INTERAGENCY FINANCING. extramural research activities. Commerce, Science, and Transportation and ‘‘The departments and agencies rep- ‘‘(b) REGIONAL RESEARCH AND ACTION the House of Representatives Committees on resented on the Task Force are authorized to Science and Technology and on Natural Re- PLANS.—In addition to any amounts appro- participate in interagency financing and priated pursuant to subsection (a), there are sources that— share, transfer, receive, obligate, and expend ‘‘(A) describes the state of knowledge on authorized to be appropriated to NOAA to funds appropriated to any member of the develop and revise the Regional Research harmful algal blooms and hypoxia in marine Task Force for the purposes of carrying out and freshwater systems, including the causes and Action Plans, $40,000,000 for each of fis- any administrative or programmatic project cal years 2009 and 2010, such sums to remain and ecological consequences; or activity under this Act, including support ‘‘(B) describes the social and economic im- available until expended. for the Program, a common infrastructure, ‘‘(c) PILOT PROGRAM.—In addition to any pacts of harmful algal blooms and hypoxia information sharing, and system integration and strategies for their minimization and amounts appropriated pursuant to sub- for harmful algal bloom and hypoxia re- section (a), there are authorized to be appro- mitigation; search, monitoring, forecasting, prevention, ‘‘(C) describes the human health impacts of priated to NOAA such sums as may be nec- and control. Funds may be transferred essary to carry out the pilot program estab- harmful algal blooms and hypoxia, including among such departments and agencies any gaps in existing research; lished under section 603C.’’. through an appropriate instrument that Mr. NELSON of Florida. Mr. Presi- ‘‘(D) describes progress on developing tech- specifies the goods, services, or space being nologies and advancing capabilities for mon- acquired from another Task Force member dent, I rise today to introduce legisla- itoring, forecasting, modeling, control, miti- and the costs of the same.’’. tion that will address an ongoing prob- gation, and prevention of harmful algal SEC. 11. APPLICATION WITH OTHER LAWS. lem that adversely affects local com- blooms and hypoxia and implementation of The Act is amended by inserting after sec- munities and coastal areas around my strategies for achieving these goals; tion 606 the following: home State of Florida and across ‘‘(E) describes progress on, and techniques for, integrating landscape- and watershed- ‘‘SEC. 607. EFFECT ON OTHER FEDERAL AUTHOR- coastal States nationwide. level water quality information into marine ITY. Today, Senator SNOWE and I, along and freshwater harmful algal bloom and hy- ‘‘Nothing in this title supersedes or limits with Senators CANTWELL, KERRY, poxia prevention and mitigation strategies, the authority of any agency to carry out its VITTER, LEVIN, VOINOVICH, BOXER, including projects at the Federal and re- responsibilities and missions under other CARDIN, and MIKULSKI, are introducing gional levels; laws.’’. a bill that would reauthorize and en- ‘‘(F) describes communication, outreach, SEC. 12. DEFINITIONS. hance the Harmful Algal Bloom and and education efforts to raise public aware- (a) IN GENERAL.—The Act is amended by inserting after section 605 the following: Hypoxia Research and Control Act, ness of harmful algal blooms and hypoxia, HABHRCA, which was enacted in 1998 their impacts, and the methods for mitiga- ‘‘SEC. 605A. DEFINITIONS. tion and prevention; ‘‘In this Act: and reauthorized 4 years ago. This act ‘‘(G) includes recommendations for inte- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- has enabled critical monitoring, fore- grating and improving future national, re- trator’ means the Administrator of the casting, and research activities that gional, State, and local policies and strate- NOAA. have greatly improved our under- gies for preventing and mitigating the occur- ‘‘(2) HARMFUL ALGAL BLOOM.—The term standing and prediction of harmful rence and impacts of harmful algal blooms ‘harmful algal bloom’ means marine and algal blooms, nuisance blooms like red and hypoxia; and freshwater phytoplankton that proliferate to drift, and low-oxygen or hypoxia events ‘‘(H) describes impacts of harmful algal high concentrations, resulting in nuisance that plague our estuaries and coastal blooms and hypoxia on coastal communities conditions or harmful impacts on marine and and a review of those communities’ efforts aquatic ecosystems, coastal communities, waters. and associated economic costs related to and human health through the production of While the accomplishments made to event forecasting, planning, mitigation, re- toxic compounds or other biological, chem- date through HABHRCA are certainly sponse, and public outreach and education. ical, and physical impacts of the algae out- valuable and to be commended, more ‘‘(2) PUBLIC COMMENT.—At least 90 days be- break. work lies ahead. In Florida, harmful fore submitting the report to Congress, the ‘‘(3) HYPOXIA.—The term ‘hypoxia’ means a algal blooms, including red tides, and Secretary shall publish the draft report in condition where low dissolved oxygen in frequent red drift events continue to the Federal Register for a comment period of aquatic systems causes stress or death to occur along our coasts. not less than 60 days.’’. resident organisms. According to experts from Mote Ma- SEC. 9. PILOT PROGRAM FOR FRESHWATER ‘‘(4) NOAA.—The term ‘NOAA’ means the rine Laboratory in Sarasota, most of HARMFUL ALGAL BLOOMS AND HY- National Oceanic and Atmospheric Adminis- POXIA. tration. Florida’s red tides are caused by a mi- The Act, as amended by section 7, is ‘‘(5) PROGRAM.—The term ‘Program’ means croscopic algae called Karenia brevis, amended by inserting after section 603B the the integrated harmful algal bloom and hy- which creates blooms that can last for following: poxia program established under section months and cover hundreds of square ‘‘SEC. 603C. PILOT PROGRAM FOR FRESHWATER 603B. miles. What makes this organism so HARMFUL ALGAL BLOOMS AND HY- ‘‘(6) REGIONAL RESEARCH AND ACTION harmful are the toxins it produces. POXIA. PLAN.—The term ‘Regional Research and Ac- These toxins can kill fish, birds, and ‘‘(a) PILOT PROGRAM.—The Secretary shall tion Plan’ means a plan established under other marine animals. For humans, the section 603B. establish a collaborative pilot program with toxins trigger respiratory problems, the Environmental Protection Agency and ‘‘(7) SECRETARY.—The term ‘Secretary’ other appropriate Federal agencies to exam- means the Secretary of Commerce, acting eye and skin irritation, and shellfish ine harmful algal blooms and hypoxia occur- through NOAA.’’. poisoning when the toxins accumulate ring in freshwater systems. The pilot pro- ‘‘(8) TASK FORCE.—The term ‘Task Force’ in oysters and clams. When these gram shall— means the Interagency Task Force estab- blooms die, the decomposing algae ‘‘(1) be established in the Mississippi River lished by section 603(a). strip oxygen from the water column. Basin watershed; ‘‘(9) UNITED STATES COASTAL WATERS.—The These hypoxic conditions deprive fish, ‘‘(2) assess the issues associated with, and term ‘United States coastal waters’ includes manatees, and other animal species of impacts of, harful algal blooms and hypoxia the Great Lakes.’’. (b) CONFORMING AMENDMENT.—Section the oxygen they need to survive. in freshwater ecosystems; A particularly devastating and in- ‘‘(3) research the efficacy of mitigation 603(a) is amended by striking ‘‘Hypoxia measures, including measures to reduce nu- (hereinafter referred to as the ‘Task force’).’’ tense red tide struck the Florida gulf trient loading; and and inserting ‘‘Hypoxia.’’. coast in the summer of 2005, causing ‘‘(4) recommend potential management so- SEC. 13. AUTHORIZATION OF APPROPRIATIONS. widespread animal deaths and public lutions. Section 605 is amended to read as follows:— health and economic problems. The St.

VerDate Aug 31 2005 05:09 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.048 S25JNPT1 jbell on PROD1PC69 with SENATE S6166 CONGRESSIONAL RECORD — SENATE June 25, 2008 Petersburg/Clearwater Area Conven- portantly, this bill would focus new re- their creditors via bankruptcy, by re- tion and Visitors Bureau estimated up- sources on translating research results quiring filers to pass a means test wards of $240 million in losses for the into tools and products that state and based on an individual’s income and ex- Tampa region as a result of this bloom. local governments can use to help pre- penses for the 6 month period preceding Scientists have told us that red tides vent, respond to, and mitigate the im- a bankruptcy filing. are a lot like hurricanes complex but pacts of these events. My bill would exempt returning natural phenomena that can have pro- Although we have made significant Guard and Reserve members from this found impacts on our environment and progress in identifying some of the means test, both because our finest society. Although we may not be able causes and consequences of harmful men and women deserve greater finan- to stop this natural process, we can do algal blooms and hypoxia since 1998, cial protection and because they are more to predict it and take actions to much work remains to find solutions uniquely disadvantaged by the means minimize its impacts on our citizens that minimize the occurrence of these test criteria. Despite receiving much- and natural resources. events and that enable our coastal deserved active duty pay for their serv- While red drift algae lack the toxins communities to become resilient to the ice, National Guard and Reserve mem- associated with red tide, they can impacts. This legislation to amend and bers often take a pay cut when they nonetheless cause enormous problems reauthorize the Harmful Algal Blooms leave their jobs for a deployment. But along Florida’s beaches. We have had and Hypoxia Act represents an impor- because the means test includes the numerous red drift events in Florida tant step toward realizing those goals. past 6 months of income in its calcula- over the last few years. In March 2007, In closing, I would like to recognize tion, men and women with little cur- some witnesses described clumps of red Senator SNOWE for her leadership on rent income may not qualify for bank- drift algae the size of hay bales float- this issue. As the sponsor of both the ruptcy protection. ing on the surface of the Gulf of Mex- original legislation in 1998 and the 2004 This is an issue that will become in- ico, and washing onshore from Fort amendments, her expertise on harmful creasingly important in my home state Myers to Anna Maria Island. Scientists algal blooms and the impacts of these of Illinois. The Illinois National Guard have also been looking into whether events on her constituents has proved is preparing for the largest deployment nutrients from the decomposing algae invaluable as we developed the meas- of soldiers since World War II, with may feed subsequent blooms, keeping ure before us today. I look forward to more than 2,700 currently training for local waters in a terrible cycle. working with Senator SNOWE, in her deployment to Afghanistan. For the Other algal blooms are impairing wa- role as ranking member of the Oceans, men and women in this group who find terways and causing social and eco- Atmosphere, Fisheries, and Coast themselves in unfortunate financial nomic problems in my state. Earlier Guard Subcommittee of the Commerce, circumstances when they return home, this month, a water treatment plant on Science, and Transportation Com- particularly if our economy continues the Caloosahatchee River in Lee Coun- mittee, as well as with Chairman CANT- to slow, this bill would help by allow- ty had to be closed temporarily due to WELL and the other members of our ing these men and women to file for a bloom of blue-green algae. subcommittee, to debate this impor- bankruptcy if they desperately need It is clear that harmful algal blooms tant legislation. that help. and hypoxia events can have dev- I am pleased that the House version astating impacts on water and air qual- BY Mr. DURBIN: of this legislation, championed by my ity, aquatic species, wildlife, and beach S. 3197. A bill to amend title 11, good friend Representative JAN conditions, which in turn affect public United States Code, to exempt for a SCHAKOWSKY, passed the House by voice health, commercial and recreational limited period, from the application of vote earlier this week. I urge my Sen- fishing, tourism, and related businesses the means-test presumption of abuse ate colleagues to support this bill just in our coastal communities. The ques- under chapter 7, qualifying members of as strongly. tion becomes, what can we do to stop reserve components of the Armed this? If we can’t stop these events, how Forces and members of the National Mr. President, I ask unanimous con- can we better plan for them and take Guard who, after September 11, 2001, sent that the text of the bill be printed steps to minimize the impacts? are called to active duty or to perform in the RECORD. We have learned from scientists and a homeland defense activity for not There being no objection, the text of researchers, many of whom were fund- less than 90 days; to the Committee on the bill was ordered to be placed in the ed by HABHRCA-authorized programs, the Judiciary. RECORD, as follows: that some harmful algal blooms and Mr. DURBIN. Mr. President, when S. 3197 red drift events can be triggered by ex- our National Guard and Reserve mem- Be it enacted by the Senate and House of Rep- cess nutrients from upland areas that bers return from active duty, the last resentatives of the United States of America in wash into rivers and are delivered to thing they should have to worry about Congress assembled, the coast. Because this problem often is struggling to catch up on the bills. SECTION 1. SHORT TITLE. crosses political and geographic bound- Sadly, acute financial challenges are This Act may be cited as the ‘‘National aries, we must pursue solutions that often exactly what greet our bravest Guard and Reservists Debt Relief Act of are regional in nature and bring to- men and women when they come home. 2008’’. gether expertise from all levels of gov- For those families who are struggling SEC. 2. AMENDMENTS. ernment, from academia, and from to make ends meet after serving our Section 707(b)(2)(D) of title 11, United other outside groups who have a stake country, today I am introducing a bill, States Code, is amended— in keeping our coastal waters healthy, the National Guard and Reservists (1) in each of clauses (i) and (ii)— clean, and productive. Debt Relief Act, that would give these (A) by indenting the left margins of such clauses 2 ems to the right; and Senator SNOWE and I have worked to- families a little breathing room. My (B) by redesignating such clauses as sub- gether to craft a bill that will not only bill would waive the means test for en- clauses (I) and (II), respectively; continue critical research on harmful tering into Chapter 7 bankruptcy pro- (2) by striking ‘‘if the debtor is a disabled algal blooms and hypoxia, but help ad- tection for National Guard and Reserve veteran’’ and inserting the following: dress some of these pressing needs that members who have served since Sep- ‘‘if— exist on every coast—from the Atlantic tember 11, 2001. The bill would give ‘‘(i) the debtor is a disabled veteran’’; and Gulf of Mexico, to the Pacific and these families a little more time to re- (3) by striking the period at the end and in- the Great Lakes. Our bill will help in- organize their finances so that they serting ‘‘; or’’; and tegrate and improve coordination can get their lives back in order after (4) by adding at the end the following: among the government’s programs that serving. ‘‘(ii) while— study and monitor these events. The The 2005 Bankruptcy Abuse Preven- ‘‘(I) the debtor is— ‘‘(aa) on, and during the 540-day period be- bill would also improve how regional, tion and Consumer Protection Act ginning immediately after the debtor is re- state, and local needs are considered changed the U.S. bankruptcy code to leased from, a period of active duty (as de- when prioritizing research grants and make it significantly harder for indi- fined in section 101(d)(1) of title 10) of not developing related products. Most im- viduals to receive protection from less than 90 days; or

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G25JN6.062 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6167 ‘‘(bb) performing, and during the 540-day (B) with respect to debt-incurrence prac- working with us to introduce this bill, period beginning immediately after the debt- tices— the Healthy Transition Act of 2008. or is no longer performing, a homeland de- (i) any increase in the average levels of They include the National Alliance on fense activity (as defined in section 901(1) of debt incurred by such members before, dur- Mental Illness, the Children’s Defense title 32) performed for a period of not less ing, or after such service, than 90 days; and (ii) any indicia of changes in debt-incur- Fund, the National Federation of Fam- ‘‘(II) if, after September 11, 2001, the debtor rence practices adopted by such members in ilies for Children’s Mental Health, the while a member of a reserve component of anticipation of benefitting from such provi- Bazelon Center for Mental Health Law, the Armed Forces or a member of the Na- sions in any potential case under such title; and the American Psychological Asso- tional Guard, was called to such active duty and ciation, just to name a few. or performed such homeland defense activ- (iii) any indicia of abuse or potential abuse The findings of the GAO report that ity.’’. of such provisions reflected in the debt-in- Congressman STARK and I requested, currence of such members. SEC. 3. GAO STUDY. tells us that at least 2.4 million young SEC. 4. EFFECTIVE DATE; APPLICATION OF (a) COMPTROLLER GENERAL STUDY.—Not adults aged 18–26 had a mental illness later than 2 years after the effective date of AMENDMENTS. this Act, the Comptroller General shall com- (a) EFFECTIVE DATE.—Except as provided in in 2006. We know that this number plete and transmit to the Speaker of the subsection (b), this Act and the amendments could be greatly understated as it does House of Representatives and the President made by this Act shall take effect 60 days not count young adults who are insti- pro tempore of the Senate, a study of the use after the date of enactment of this Act. tutionalized, incarcerated or home- and the effects of the provisions of law (b) APPLICATION OF AMENDMENTS.—The less—all of which are groups that are amended (and as amended) by this Act. Such amendments made by this Act shall apply only with respect to cases commenced under known to have higher rates of mental study shall address, at a minimum— illness. (1) whether and to what degree members of title 11 of the United States Code in the 3- reserve components of the Armed Forces and year period beginning on the effective date These young people have such tre- members of the National Guard avail them- of this Act. mendous challenges that cause them to selves of the benefits of such provisions, demonstrate lower rates of high school (2) whether and to what degree such mem- BY Mr. SMITH (for himself and graduation and college attendance bers are debtors in cases under title 11 of the Mr. DODD): than their peers who do not suffer from United States Code that are substantially re- S. 3195. A bill to provide assistance to mental illness. They also have lower lated to service that qualifies such members adolescents and young adults with seri- propensity to find employment and re- for the benefits of such provisions, ous mental health disorders as they main stable in their communities. In (3) whether and to what degree such mem- transition to adulthood; to the Com- my home State of Oregon, this transi- bers are debtors in cases under such title mittee on Health, Education, Labor, that are materially related to such service, tion-age population was found to be 80 and Pensions. I percent less likely than any other pop- and Mr. SMITH. Mr. President, I rise (4) the effects that the use by such mem- ulation in the State with mental bers of section 707(b)(2)(D) of such title, as today with my colleague Senator DODD health needs to receive services. to introduce a bill that will have a tre- amended by this Act, has on the bankruptcy However, from this report, and the mendous impact on millions of young system, creditors, and the debt-incurrence work innovative States are doing to practices of such members. adults in America who will suffer from support our young people, we know (b) FACTORS.—For purposes of subsection mental illness in their lifetime. The that we can do a better job of helping (a)— Healthy Transition Act of 2008 is an these youth. We can do better at ensur- (1) a case shall be considered to be substan- important bill and I look forward to its ing they can remain stable in their tially related to the service of a member of passage. a reserve component of the Armed Forces or communities, that they can live a member of the National Guard that quali- Senator DODD has been an ardent champion for children, and as the healthy lives, and that they can pros- fies such member for the benefits of the pro- per as adults. visions of law amended (and as amended) by Sponsor of the Garrett Lee Smith Me- this Act if more than 33 percent of the aggre- morial Act in 2004 and the bill to reau- The bill that Senator DODD, Rep- gate amount of the debts in such case is in- thorize the successful grant program resentative STARK and I are intro- curred as a direct or indirect result of such again last year, it has been an honor to ducing today will support States that service, work with him to ensure our Nation’s want to do better for our Nation’s (2) a case shall be considered to be materi- youth and their mental health needs young adults with mental illness. As ally related to the service of a member of a the GAO found, too often services are reserve component of the Armed Forces or a are not forgotten. I want to begin by thanking my col- not directed at this population or member of the National Guard that qualifies young adults are shoved into a system such member for the benefits of such provi- league Representative PETE STARK for sions if more than 10 percent of the aggre- working with me on this important that was designed for a different age gate amount of the debts in such case is in- issue and for joining me in requesting a group with different needs. curred as a direct or indirect result of such report by the Government Account- Our bill, the Healthy Transition Act service, and ability Office,GAO last year on the bar- of 2008, will provide grants to States to (3) the term ‘‘effects’’ means— riers facing youth with serious mental first develop statewide coordination (A) with respect to the bankruptcy system health disorders as they age into adult- plans to assist adolescents and young and creditors— hood. It has been a pleasure to work adults with a serious mental health (i) the number of cases under title 11 of the disorder to acquire the skills and re- United States Code in which members of re- with him on drafting legislation that serve components of the Armed Forces and we will introduce today as I know he sources they need to make a healthy members of the National Guard avail them- shares a passion for improving the lives transition to adulthood. After this plan selves of the benefits of such provisions, of our children and young adults. has been submitted and evaluated by (ii) the aggregate amount of debt in such This time in a young person’s life is SAMHSA, States may then compete for cases, so difficult with the pressures of being a second round of grants to help them (iii) the aggregate amount of debt of such independent, finding a first job, going implement the plan that they have members discharged in cases under chapter 7 made. of such title, to college and really discovering who (iv) the aggregate amount of debt of such you are. For so many of our Nation’s Lastly, this bill will develop a Com- members in cases under chapter 7 of such youth this time is made so much more mittee of Federal Partners that will title as of the time such cases are converted difficult by their struggle with mental coordinate service programs that assist to cases under chapter 13 of such title, illness. My son Garrett struggled with adolescents and young adults with (v) the amount of resources expended by his transition to adulthood and in his mental illness at the federal level and the bankruptcy courts and by the bank- ability to access the help he needed provide technical assistance to States ruptcy trustees, stated separately, in cases during this critical time. These young as they implement their plans. They under title 11 of the United States Code in also will report to Congress on their which such members avail themselves of the adults deserve our attention, our sup- benefits of such provisions, and port and our compassion. activities so that we can ensure they (vi) whether and to what extent there is Finally, I want to thank the many are doing their best to make sure these any indicia of abuse or potential abuse of stakeholders and advocates that have vulnerable young adults get the help such provisions, and put so much time and dedication into and support they need.

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.072 S25JNPT1 jbell on PROD1PC69 with SENATE S6168 CONGRESSIONAL RECORD — SENATE June 25, 2008 This is such a critical time in a per- ‘‘(C) an identification of the skills, knowl- making Federal funding flow to the targeted son’s life and I look forward to con- edge, and resources that adolescents and population in a coordinated manner; tinuing to work with my colleagues to young adults with serious mental health dis- ‘‘(O) a description of how the State will in- make sure it is as healthy and positive orders in the State will need to ensure their volve adolescents and young adults with se- successful and healthy transition into adult rious mental health disorders and their fami- an experience as it can be. I look for- roles and responsibilities; lies and guardians in the service design, ward to working with my colleagues to ‘‘(D) an identification of the obstacles that planning, and implementation of the plan ensure its passage. I urge my col- adolescents and young adults with serious under the grant or cooperative agreement; leagues on both sides of the aisle to mental health disorders in the State encoun- ‘‘(P) an implementation subplan that shall support the bill. ter while transitioning into adult roles and be designed to recognize the challenges of Mr. President, I ask unanimous con- responsibilities, including breaks in service implementing a program between commu- sent that the text of the bill be printed or programs caused by eligibility and pro- nities at a statewide level and how the State gram criteria differences between the child will overcome those challenges; in the RECORD. and adult mental health systems and the There being no objection, the text of ‘‘(Q) a description of how the State plans lack of local access to mental health and to evaluate outcomes under the program the bill was ordered to be printed in transition services; funded under the grant or cooperative agree- the RECORD, as follows: ‘‘(E) an identification of the current level, ment; S. 3195 type, quality, effectiveness, and availability ‘‘(R) a designation of the State office that Be it enacted by the Senate and House of Rep- of services, including evidence-based prac- will be the lead agency responsible for ad- resentatives of the United States of America in tices, available in the State that are unique- ministering the program under the grant or Congress assembled, ly designed for adolescents and young adults cooperative agreement; with a serious mental health disorder to en- SECTION 1. SHORT TITLE. ‘‘(S) a description of how the State will en- sure a healthy transition to successful adult This Act may be cited as the ‘‘Healthy sure that the activities planned under the roles and responsibilities; Transition Act of 2008’’. grant or cooperative agreement will remain ‘‘(F) an identification of adolescents and SEC. 2. HEALTHY TRANSITIONING FOR YOUTH. sustainable at the end of the cycle of Federal young adults with a serious emotional dis- funding under this section; and Subpart 3 of part B of title V of the Public order who have a low likelihood of a healthy Health Service Act (42 U.S.C. 290bb-31 et seq.) ‘‘(T) any other information determined ap- and successful transition due to the severity propriate by the Secretary. is amended by adding at the end the fol- of their illness, and an identification of how lowing: ‘‘(4) DURATION OF SUPPORT.—The duration the State will provide treatment and other of a grant or cooperative agreement under ‘‘SEC. 520K. HEALTHY TRANSITIONING FOR support services to this population; YOUTH. this subsection shall not exceed 2 fiscal ‘‘(G) an analyses of the strengths, weak- years. ‘‘(a) PLANNING GRANTS.— nesses, and gaps of the current system in the ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(5) TECHNICAL ASSISTANCE.—The Secretary State, including the availability of lack of shall provide technical assistance and train- sultation with the agencies described in sub- mental health professionals trained to treat section (c)(3), shall award grants or coopera- ing in the development of the plan under adolescents and young adults with a serious paragraph (3), including convening a meeting tive agreements to States to develop plans mental health disorder, as well as barriers, of potential applicants for grants or coopera- for the statewide coordination of services to to address the needs of adolescents and tive agreement under this subsection. assist adolescents and young adults with a young adults with a serious mental health ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— serious mental health disorder in acquiring disorder with an appropriate array of effec- ‘‘(A) IN GENERAL.—There is authorized to the skills, knowledge, and resources nec- tive services and supports; be appropriated to carry out this subsection, essary to ensure their healthy transition to ‘‘(H) a description of how the State will $6,000,000 for fiscal year 2009, and such sums successful adult roles and responsibilities. improve the system of care to ensure suc- as may be necessary for each of fiscal years ‘‘(2) APPLICATION.—To be eligible for a cessful and healthy transitions; 2010 through 2013. grant or cooperative agreement under this ‘‘(I) a description of how the State will co- ‘‘(B) TECHNICAL ASSISTANCE.—The Sec- subsection, a State shall submit to the Sec- ordinate the services of State and non-State retary an application, at such time, in such agencies that serve adolescents and young retary shall make available 15 percent of the manner, and containing such information as adults with a serious mental health disorder; amount appropriated under subparagraph (A) the Secretary may require. ‘‘(J) a description of how the State will in each fiscal year for technical assistance ‘‘(3) PLAN.—Not later than 18 months after provide a system of coordinated service de- under paragraph (5) the receipt of a grant or cooperative agree- livery under the grant or cooperative agree- ‘‘(b) IMPLEMENTATION GRANTS.— ment under this subsection, a State shall ment that will address the effective services, ‘‘(1) IN GENERAL.—The Secretary shall submit to the Secretary a State plan that supports, and unique needs of adolescents award grants or cooperative agreement to el- shall include— and young adults with a serious mental dis- igible States for the coordination of services ‘‘(A) reliable estimates on the number of order, including those who have been placed to assist adolescents and young adults with adolescents and young adults with serious in out of home settings such as the juvenile serious mental health disorders in acquiring mental health disorders in the State; justice system or those who are or were in- the services, skills, and knowledge necessary ‘‘(B) information on the youth targeted volved in the child protection systems; to ensure their healthy transition to success- under this Act, including— ‘‘(K) a description of how the State will co- ful adult roles and responsibilities. ‘‘(i) the number of adolescents and young ordinate efforts under the grant or coopera- ‘‘(2) ELIGIBILITY.—To be eligible for a grant adults with serious mental health disorders tive agreement with existing services and or cooperative agreement under paragraph in the State and the number of such individ- systems in the State that focus on life skills (1), a State shall— uals who are currently being served in the necessary for a healthy transition including ‘‘(A) be a State that has received a grant State; health, employment and pre-employment or cooperative agreement under subsection ‘‘(ii) the number of such individuals who training, transportation, housing, recre- (a) and submitted a plan that meets the re- are receiving mental health services pro- ation, mental health services, substance quirements of paragraph (3) of such sub- vided by State agencies other than the agen- abuse, vocational rehabilitation services for section; or cy responsible for mental health services in persons with disabilities, and training for ‘‘(B) be a State that has not received such the State; adolescents, young adults and adults, con- a grant or cooperative agreement but that ‘‘(iii) the number of youth with serious sumers and their families; has a plan that is equivalent to the plan re- mental health disorders who are involved in ‘‘(L) a description of how the State will quired under subsection (a)(3). the juvenile justice system in the State; work to build workforce capacity to serve ‘‘(3) APPLICATION.—To be eligible for a ‘‘(iv) the number of youth with serious the population described in subparagraph (J); grant or cooperative agreement under this mental health disorders who are involved in ‘‘(M) a description of how the State will subsection, a State shall submit to the Sec- the child protection system in the State; reach out to the target population pre-tran- retary an application, at such time, in such ‘‘(v) the number of youth with serious sition, during transition, and post-transi- manner, and containing such information as mental health disorders who have plans in tion; the Secretary requires, including— effect under the Individuals with Disabilities ‘‘(N) a description of how the State is cur- ‘‘(A) a copy of the plan submitted under Education Act in the State; rently utilizing and leveraging (and how the subsection (a)(3), or in the case of a State de- ‘‘(vi) the number of youth with serious State will use and leverage) Federal funding scribed in paragraph (2)(B), a plan that is mental health disorders who are involved in streams to care for the target population, in- equivalent to the plan required under sub- vocational rehabilitation in the State; cluding funding through Medicaid, the De- section (a)(3); ‘‘(vii) the range of ages served by the pro- partment of Housing and Urban Develop- ‘‘(B) a list of the State agencies that will grams described in clauses (i) through (vi); ment, the Department of Labor though sup- participate in the program to be funded ‘‘(viii) a description of the overall transi- ported employment, the Early and Periodic under the grant or cooperative agreement tion coordination that is currently provided Screening, Diagnosis, and Treatment Pro- along with written verification as to the by the State or local authorities and pro- gram, and other programs, and including an commitment of such agencies to the pro- grams in the State; outline of the barriers the State faces in gram;

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.066 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6169 ‘‘(C) an assurance that the State will de- convening meetings each year to identify assistance to the States who are planning or velop a coordinating committee composed of ways of improving State programs. Such implementing programs under this section. representatives of the participating State meetings shall include the members of the ‘‘(5) REPORT.—Not later than 18 months agencies, as well as consumers and families Federal Partners Committee under sub- after the date of enactment of this Act, the of consumers; section (c). Federal entity or committee designated or ‘‘(D) a description of the role of such co- ‘‘(8) EVALUATION.—The Secretary shall established under paragraph (1) shall submit ordinating committee; and carry out a cross-site evaluation that— to the appropriate committees of Congress, ‘‘(E) the names of at least two local com- ‘‘(A) reports on current State efforts to and make available to the general public, a munities that will implement the program at transition the population involved prior to report concerning the participation of Fed- the local level and how those communities the implementation of the State plans under eral agencies and stakeholders in the plan- will implement the State plan. this section; and ning and operations of the entity or com- ‘‘(4) USE OF FUNDS.—Funds provided under ‘‘(B) evaluates the program carried out by mittee. Such report shall also contain a de- a grant or cooperative agreement under this the State under this section to determine scription of the status of the efforts of such subsection shall be used to implement the the effectiveness of such program in meeting entity or committee in coordinating Federal State plan, including— its goals and objectives as compared with efforts on behalf of the target population. ‘‘(A) facilitating a youth ombudsman or current approaches. ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— other advocacy program; ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to ‘‘(B) facilitating peer support programs ‘‘(A) IN GENERAL.—There is authorized to carry out this subsection, $1,000,000 for fiscal and networks within the State; be appropriated to carry out this subsection, year 2009, and such sums as may be necessary ‘‘(C) facilitating access to independent liv- $6,000,000 for each of fiscal years 2009 and for each of fiscal years 2010 through 2013. ing and life skills supports; 2010, $15,000,000 for fiscal year 2011, $20,000,000 ‘‘(d) DEFINITION.—In this section, the term ‘‘(D) developing infrastructure to support for fiscal year 2012, and $25,000,000 for fiscal ‘serious mental health disorder’ has the access to necessary health, mental health, year 2013. meaning given the term ‘serious mental ill- employment, education, and housing sup- ‘‘(B) TECHNICAL ASSISTANCE AND EVALUA- ness’ by the Administrator for purposes of ports; and TION.—The Secretary shall make available 15 this title.’’. ‘‘(E) facilitating the training of support percent of the amount appropriated under f providers and workforce capacity to serve subparagraph (A), or $2,000,000 whichever is the target population. greater, in each fiscal year for technical as- SUBMITTED RESOLUTIONS ‘‘(5) DURATION OF SUPPORT.—The duration sistance under paragraph (7) and the evalua- of a grant or cooperative agreement under tion under paragraph (8). this subsection shall not exceed 5 fiscal years. ‘‘(c) FEDERAL PARTNERS.— SENATE RESOLUTION 601—DESIG- ‘‘(1) IN GENERAL.—The Secretary shall des- ‘‘(6) MATCHING REQUIREMENT.— NATING OCTOBER 19 THROUGH ignate an existing Federal entity, or estab- ‘‘(A) IN GENERAL.—To be eligible for a OCTOBER 25, 2008, AS ‘‘NATIONAL lish a Committee of Federal Partners, to co- grant or cooperative agreement under this SAVE FOR RETIREMENT WEEK’’ subsection, the State shall agree that, with ordinate service programs to assist adoles- respect to the costs to be incurred by the cents and young adults with serious mental Mr. SMITH (for himself and Mr. State in carrying out activities under the health disorders in acquiring the knowledge CONRAD) submitted the following reso- grant or cooperative agreement, the State and skills necessary for them to transition lution; which was referred to the Com- will make available (directly or through do- into adult roles and responsibilities. mittee on the Judiciary: nations from public or private entities) non- ‘‘(2) EXISTING FEDERAL ENTITY.—If the Sec- S. RES 601 Federal contributions toward such costs in retary elects to utilize an existing Federal an amount that— entity under paragraph (1), the Secretary Whereas Americans are living longer and ‘‘(i) for the first fiscal year for which the shall ensure that— the cost of retirement continues to rise, in State receives payments under the grant or ‘‘(A) such entity is comprised of represent- part because the number of employers pro- cooperative agreement, is not less than $1 for atives of at least the agencies described in viding retiree health coverage continues to each $3 of Federal funds provided under the paragraph (3); and decline, and retiree health care costs con- grant or cooperative agreement; ‘‘(B) such entity shall give special atten- tinue to increase at a rapid pace; ‘‘(ii) for any second or third such fiscal tion to the knowledge and skills needed by Whereas Social Security remains the bed- year, is not less than $1 for each $2 of Federal adolescents and young adults with mental rock of retirement income for the great ma- funds provided under the grant or coopera- health disorders in coordinating the pro- jority of the people of the United States, but tive agreement; grams funded under this section. was never intended by Congress to be the ‘‘(iii) for any fourth such fiscal year, is not ‘‘(3) MEMBERSHIP.—A Federal entity uti- sole source of retirement income for fami- less than $1 for each $1 of Federal funds pro- lized under this subsection, or a committee lies; vided under the grant or cooperative agree- established under paragraph (1), shall include Whereas recent data from the Employee ment; and representatives of— Benefit Research Institute indicates that, in ‘‘(iv) for any fifth such fiscal year, is not ‘‘(A) the Department of Education (or any the United States, less than 2⁄3 of workers or less than $2 for each $1 of Federal funds pro- subagency of the Department); their spouses are currently saving for retire- vided under the grant or cooperative agree- ‘‘(B) the Department of Health and Human ment, and that the actual amount of retire- ment. Services (or any subagency of the Depart- ment savings of workers lags far behind the ‘‘(B) DETERMINATION OF AMOUNT CONTRIB- ment); amount that will be needed to adequately UTED.— ‘‘(C) the Department of Labor (or any sub- fund their retirement years; ‘‘(i) IN GENERAL.—Non-Federal contribu- agency of the Department); Whereas many workers may not be aware tions required under subparagraph (A) may ‘‘(D) the Department of Transportation (or of their options for saving for retirement or be in cash or in kind, fairly evaluated, in- any subagency of the Department); may not have focused on the importance of, cluding plant, equipment, or services. ‘‘(E) the Department of Housing and Urban and need for, saving for their own retire- Amounts provided by the Federal Govern- Development (or any subagency of the De- ment; ment, or services assisted or subsidized to partment); Whereas many employees have available to any significant extent by the Federal Gov- ‘‘(F) the Department of Interior (or any them through their employers access to de- ernment, may not be included in deter- subagency of the Department); fined benefit and defined contribution plans mining the amount of such non-Federal con- ‘‘(G) the Department of Justice (or any to assist them in preparing for retirement, tributions. subagency of the Department); yet many of them may not be taking advan- ‘‘(ii) NON-FEDERAL CONTRIBUTIONS.—In ‘‘(H) the Social Security Administration; tage of employer-sponsored defined contribu- making a determination of the amount of ‘‘(I) an organization representing con- tion plans at all or to the full extent allowed non-Federal contributions for purposes of sumers and families of consumers as des- by the plans as prescribed by Federal law; clause (i), the Secretary may include only ignated by the Secretary; and and non-Federal contributions in excess of the ‘‘(J) an organization representing mental Whereas all workers, including public- and average amount of non-Federal contribu- health and behavioral health professionals as private-sector employees, employees of tax- tions made by the State involved toward the designated by the Secretary. exempt organizations, and self-employed in- purpose of the grant or cooperative agree- ‘‘(4) ROLE OF ENTITY OR COMMITTEE.—The dividuals, can benefit from increased aware- ment under this subsection for the 2-year pe- Federal entity or committee designated or ness of the need to save adequate funds for riod preceding the first fiscal year for which established under paragraph (1) shall review retirement and the availability of preferred the State receives a grant or cooperative how Federal programs and efforts that ad- savings vehicles to assist them in saving for agreement under such subsection. dress issues related to the transition of ado- retirement: Now, therefore, be it ‘‘(7) TECHNICAL ASSISTANCE.—The Secretary lescents and young adults with serious men- Resolved, That the Senate— shall provide technical assistance and train- tal health disorders may be coordinated to (1) designates October 19 through October ing to recipients of grants or cooperative ensure the maximum benefit for the individ- 25, 2008, as ‘‘National Save for Retirement agreements under this subsection, including uals being served and to provide technical Week’’;

VerDate Aug 31 2005 03:22 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.051 S25JNPT1 jbell on PROD1PC69 with SENATE S6170 CONGRESSIONAL RECORD — SENATE June 25, 2008 (2) supports the goals and ideals of Na- SA 5059. Mr. SPECTER submitted an ‘‘(i) finds that such certification is not sup- tional Save for Retirement Week; amendment intended to be proposed by him ported by substantial evidence provided to (3) supports the need to raise public aware- to the bill H.R. 6304, supra; which was or- the court pursuant to this section; or ness of efficiently utilizing substantial tax dered to lie on the table. ‘‘(ii) determines that the assistance pro- revenues that currently subsidize retirement f vided by the applicable electronic commu- savings, revenues in excess of $170,000,000,000 nication service provider was provided in for the fiscal year 2007 budget; TEXT OF AMENDMENTS connection with an intelligence activity that (4) supports the need to raise public aware- SA 5057. Mr. CRAIG (for himself, Mr. violated the Constitution of the United ness of the importance of saving adequately States. CRAPO, Mr. SMITH, Mr. DOMENICI, Mr. for retirement and the availability of tax- f preferred employer-sponsored retirement STEVENS, Ms. MURKOWSKI, Mr. BEN- savings vehicles; and NETT, and Mr. WYDEN) submitted an AUTHORITY FOR COMMITTEES TO (5) calls on States, localities, schools, uni- amendment intended to be proposed by MEET versities, nonprofit organizations, busi- him to the bill H.R. 2642, making ap- COMMITTEE ON ARMED SERVICES nesses, other entities, and the people of the propriations for military construction, Mr. DODD. Mr. President, I ask unan- United States to observe this week with ap- the Department of Veterans Affairs, imous consent that the Committee on propriate programs and activities with the and related agencies for the fiscal year Armed Services be authorized to meet goal of increasing retirement savings for all ending September 30, 2008, and for the people of the United States. during the session of the Senate on other purposes; which was ordered to Wednesday, June 25, 2008, at 2:30 p.m. f lie on the table; as follows: The PRESIDING OFFICER. Without SENATE RESOLUTION 602—A BILL At the appropriate place, insert the fol- objection, it is so ordered. SUPPORTING THE GOALS AND lowing: COMMITTEE ON BANKING, HOUSING, AND URBAN IDEALS OF ‘‘NATIONAL LIFE IN- SEC. lll. REAUTHORIZATION OF THE SECURE AFFAIRS SURANCE AWARENESS MONTH’’ RURAL SCHOOLS PROGRAM. The Secure Rural Schools and Community Mr. DODD. Mr. President, I ask unan- Mr. NELSON of Nebraska (for him- Self-Determination Act of 2000 (Public Law imous consent that the Committee on self, Mr. CHAMBLISS, Mr. WHITEHOUSE, 106–393; 16 U.S.C. 500 note) is amended— Banking, Housing, and Urban Affairs Mr. JOHNSON, and Mr. SMITH) sub- (1) in section 208— be authorized to meet during the ses- mitted the following resolution; which (A) in the first sentence, by striking ‘‘2007’’ sion of the Senate on June 25, 2008, at and inserting ‘‘2008’’; and was referred to the Committee on 2:30 p.m. Banking, Housing, and Urban Affairs: (B) in the second sentence, by striking ‘‘2008’’ and inserting ‘‘2009’’; and The PRESIDING OFFICER. Without S. RES. 602 (2) in section 303— objection, it is so ordered. Whereas life insurance is an essential part (A) in the first sentence, by striking ‘‘2007’’ COMMITTEE ON ENERGY AND NATURAL of a sound financial plan; and inserting ‘‘2008’’; and RESOURCES Whereas life insurance provides financial (B) in the second sentence, by striking Mr. DODD. Mr. President, I ask unan- security for families by helping surviving ‘‘2008’’ and inserting ‘‘2009’’. imous consent that the Committee on members meet immediate and long-term fi- Energy and Natural Resources be au- nancial obligations and objectives in the SA 5058. Mr. CARDIN submitted an event of a premature death in their family; amendment intended to be proposed by thorized to meet during the session of Whereas approximately 68,000,000 United him to the bill H.R. 6304, to amend the the Senate in order to conduct a hear- States citizens lack the adequate level of life Foreign Intelligence Surveillance Act ing on Wednesday, June 25, 2008, at 9:30 insurance coverage needed to ensure a secure of 1978 to establish a procedure for au- a.m. in room SD–366 of the Dirksen financial future for their loved ones; Senate Office Building. Whereas life insurance products protect thorizing certain acquisitions of for- eign intelligence, and for other pur- The PRESIDING OFFICER. Without against the uncertainties of life by enabling objection, it is so ordered. individuals and families to manage the fi- poses; which was ordered to lie on the nancial risks of premature death, disability, table; as follows: COMITTEE ON ENVIRONMENT AND PUBLIC WORKS and long-term care; and On page 103, strike lines 19 through 24, and Mr. DODD. Mr. President, I ask unan- Whereas numerous groups supporting life insert the following: imous consent that the Committee on insurance have designated September 2008 as (1) IN GENERAL.—Except as provided in sec- Environment and Public Works be au- ‘‘National Life Insurance Awareness Month’’ tion 404, effective December 31, 2011, title VII thorized to meet during the session of to encourage consumers to take the actions of the Foreign Intelligence Surveillance Act the Senate on Wednesday, June 25, 2008 necessary to achieve financial security for of 1978, as amended by section 101(a), is re- at 10 a.m., in room 406 of the Dirksen their loved ones: Now, therefore, be it pealed. Resolved, That the Senate— Senate Office Building to conduct a (2) TECHNICAL AND CONFORMING AMEND- hearing entitled ’’Future Federal Role (1) supports the goals and ideals of ‘‘Na- MENTS.—Effective December 31, 2011— tional Life Insurance Awareness Month’’; for Surface Transportation.’’ and SA 5059. Mr. SPECTER submitted an The PRESIDING OFFICER. Without (2) calls on the Federal Government, amendment intended to be proposed by objection, it is so ordered. States, localities, schools, nonprofit organi- him to the bill H.R. 6304, to amend the COMMITTEE ON FOREIGN RELATIONS zations, businesses, and the citizens of the United States to observe the month with ap- Foreign Intelligence Surveillance Act Mr. DODD. Mr. President, I ask unan- propriate programs and activities. of 1978 to establish a procedure for au- imous consent that the Committee on thorizing certain acquisitions of for- Foreign Relations be authorized to f eign intelligence, and for other pur- meet during the session of the Senate AMENDMENTS SUBMITTED AND poses; which was ordered to lie on the on Wednesday, June 25, 2008, at 9:30 PROPOSED table; as follows: a.m. SA 5057. Mr. CRAIG (for himself, Mr. On page 90, strike lines 17 through 21 and The PRESIDING OFFICER. Without CRAPO, Mr. SMITH, Mr. DOMENICI, Mr. STE- insert the following: objection, it is so ordered. VENS, Ms. MURKOWSKI, Mr. BENNETT, and Mr. ‘‘(1) REVIEW OF CERTIFICATIONS.— COMMITTEE ON FOREIGN RELATIONS WYDEN) submitted an amendment intended ‘‘(A) IN GENERAL.—Except as provided in Mr. DODD. Mr. President, I ask unan- subparagraph (B), a certification under sub- to be proposed by him to the bill H.R. 2642, imous consent that the Committee on making appropriations for military con- section (a) shall be given effect unless the struction, the Department of Veterans Af- court finds that such certification is not sup- Foreign Relations be authorized to fairs, and related agencies for the fiscal year ported by substantial evidence provided to meet during the session of the Senate ending September 30, 2008, and for other pur- the court pursuant to this section. on Wednesday, June 25, 2008, at 2:30 poses; which was ordered to lie on the table. ‘‘(B) COVERED CIVIL ACTIONS.—In a covered p.m. SA 5058. Mr. CARDIN submitted an amend- civil action relating to assistance alleged to The PRESIDING OFFICER. Without ment intended to be proposed by him to the have been provided in connection with an in- objection, it is so ordered. bill H.R. 6304, to amend the Foreign Intel- telligence activity involving communica- COMMITTEE ON HOMELAND SECURITY AND ligence Surveillance Act of 1978 to establish tions that was authorized by the President GOVERNMENTAL AFFAIRS a procedure for authorizing certain acquisi- during the period beginning on September 11, tions of foreign intelligence, and for other 2001, and ending on January 17, 2007, a cer- Mr. DODD. Mr. President, I ask unan- purposes; which was ordered to lie on the tification under subsection (a) shall be given imous consent that the Committee on table. effect unless the court— Homeland Security and Governmental

VerDate Aug 31 2005 05:09 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A25JN6.057 S25JNPT1 jbell on PROD1PC69 with SENATE June 25, 2008 CONGRESSIONAL RECORD — SENATE S6171 Affairs be authorized to meet during A bill (H.R. 6040) to amend the Water Re- ceedings be approved to date, the the session of the Senate on Wednes- sources Development Act of 2007 to clarify morning hour be deemed expired, and day, June 25, 2008, at 10 a.m. the authority of the Secretary of the Army the time for the two leaders be re- The PRESIDING OFFICER. Without to provide reimbursement for travel ex- served for their use later in the day, penses incurred by members of the Com- objection, it is so ordered. mittee on Levee Safety. and the Senate then resume consider- COMMITTEE ON SMALL BUSINESS AND ation of the motion to proceed to H.R. There being no objection, the Senate ENTREPRENEURSHIP 6304, the FISA legislation, and the time proceeded to consider the bill. Mr. DODD. Mr. President, I ask unan- during the adjournment count Mr. REID. I ask unanimous consent imous consent that the Committee on postcloture. I further ask that Senator the bill be read three times and passed, Small Business and Entrepreneurship MURKOWSKI, or designee, control the the motion to reconsider be laid on the be authorized to meet during the ses- time from 1:30 to 2:15 p.m. tomorrow, table with no intervening action or de- sion of the Senate on Wednesday, June and that the time count postcloture. bate, and any statements be printed in 25, 2008, beginning at 10 a.m., in room The PRESIDING OFFICER. Without the RECORD. 428A of the Russell Senate Office Build- objection, it is so ordered. The PRESIDING OFFICER. Without ing. objection, it is so ordered. f The PRESIDING OFFICER. Without The bill (H.R. 6040) was ordered to a objection, it is so ordered. third reading, was read the third time, ADJOURNMENT UNTIL 9:30 A.M. SUBCOMMITTEE ON THE CONSTITUTION and passed. TOMORROW Mr. DODD. Mr. President, I ask unan- Mr. REID. If there is no further busi- f imous consent that the Senate Com- ness to come before the Senate, I ask mittee on the Judiciary, Sub- PROGRAM unanimous consent that the Senate committee on the Constitution, be au- Mr. REID. Mr. President, we are stand adjourned under the previous thorized to meet during the session of going to come in tomorrow and see order. the Senate, to conduct a hearing enti- what we can get accomplished. I be- There being no objection, the Senate, tled ‘‘Laptop Searches and Other Viola- lieve we can get a few things done. I at 7:42 p.m., adjourned until Thursday, tions of Privacy Faced by Americans have already outlined what we need to June 26, 2008, at 9:30 a.m. Returning from Overseas Travel’’ on do before we leave. With some coopera- Wednesday, June 25, 2008, at 9 a.m., in f tion we can get that done. If not—as I room SD–226 of the Dirksen Senate Of- said here about a half hour ago, 45 min- NOMINATIONS fice Building. utes ago—if people want to play out The PRESIDING OFFICER. Without Executive nominations received by this clock, people will have to be here objection, it is so ordered. the Senate: Friday and Saturday. I hope that would DEPARTMENT OF DEFENSE f be it, but we will have to wait and see. MICHAEL BRUCE DONLEY, OF VIRGINIA, TO BE SEC- PRIVILEGES OF THE FLOOR In that the Fourth of July doesn’t RETARY OF THE AIR FORCE, VICE MICHAEL W. WYNNE, RESIGNED. Mr. DODD. Mr. President, I ask unan- occur until a week after we leave here SOCIAL SECURITY ADMINISTRATION imous consent that the following staff anyway, people should keep in mind of the Finance Committee be granted that there may be a need for us to work JASON J. FICHTNER, OF VIRGINIA, TO BE DEPUTY COM- the next few days. I hope that is not MISSIONER OF SOCIAL SECURITY FOR THE TERM EXPIR- the privilege of the floor for the dura- ING JANUARY 19, 2013, VICE ANDREW G. BIGGS, RESIGNED. necessary. We will have to see what tion of the debate on the Housing and GENERAL SERVICES ADMINISTRATION happens. It is a shame. Economic Recovery Act of 2008: Bridget JAMES A. WILLIAMS, OF VIRGINIA, TO BE ADMINIS- Mallon, Damian Kudelka, Jeremiah I know we talked about the fact that TRATOR OF GENERAL SERVICES, VICE LURITA ALEXIS Langston, Mike Unden, Thea Murray, we need to complete the housing bill, DOAN, RESIGNED. Matt Smith, Tom Louthan, and Mary but we will complete that the first SMALL BUSINESS ADMINISTRATION Baker. week we get back. By then Senators SANTANU K. BARUAH, OF OREGON, TO BE ADMINIS- DODD and SHELBY maybe will have TRATOR OF THE SMALL BUSINESS ADMINISTRATION, The PRESIDING OFFICER. Without VICE STEVEN C. PRESTON, RESIGNED. more things worked out with the objection, it is so ordered. IN THE ARMY House. f THE FOLLOWING ARMY NATIONAL GUARD OF THE f UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AMENDING THE WATER RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER SOURCES DEVELOPMENT ACT OF ORDERS FOR THURSDAY, JUNE 26, TITLE 10, U.S.C., SECTIONS 12203 AND 12211: 2007 2008 To be major general Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- BRIG. GEN. MATTHEW L. KAMBIC the Senate proceed to the immediate imous consent that when the Senate THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT TO consideration of H.R. 6040. completes its business today, it stand THE GRADE INDICATED IN THE RESERVE OF THE ARMY The PRESIDING OFFICER. The adjourned until 9:30 a.m. tomorrow, UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: clerk will report the bill by title. Thursday, June 26; that following the To be colonel The legislative clerk read as follows: prayer and pledge, the Journal of pro- JOHN D. MUTHER

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TRIBUTE TO PATRICIA Nation. It is with great pride that I congratulate mains a vocal advocate for business credit FROUNFELKER Patricia Frounfelker on her exemplary efforts and financial management professionals and to increase safety for our armed forces over- pushes for the highest ethical and professional HON. C. A. DUTCH RUPPERSBERGER seas. standards. I know NACMSW will continue to OF MARYLAND f be a valuable resource for the local commu- IN THE HOUSE OF REPRESENTATIVES nity and remain on the forefront of the credit TRIBUTE TO TECHNICAL industry. Wednesday, June 25, 2008 SERGEANT MICHAEL CMELIK Madam Speaker, I ask my esteemed col- Mr. RUPPERSBERGER. Madam Speaker, I leagues to join me in expressing our heartiest rise before you today to honor Patricia HON. TOM LATHAM birthday wishes to the National Association of Frounfelker, recently nominated for the 2008 OF IOWA Credit Management Southwest. Service to America Call to Service Medal. Ms. IN THE HOUSE OF REPRESENTATIVES f Frounfelker is being nominated for her studies of potential hazards and risks associated with Wednesday, June 25, 2008 JULY 4, 2008, NATURALIZATION U.S. combat vehicles. Ms. Frounfelker’s re- Mr. LATHAM. Madam Speaker, I rise today CEREMONY search on these hazards has led to safety im- to recognize a Nashua, Iowa native and TSgt provements that are minimizing risks for our Michael P. Cmelik as a recipient of a Bronze HON. PETER J. VISCLOSKY Nation’s soldiers on the front line. Star Medal for his heroic achievements during OF INDIANA In her three years of government service combat operations in support of Operation IN THE HOUSE OF REPRESENTATIVES with the Army Research Laboratory at Aber- Iraqi Freedom. The Bronze Star, the Depart- deen Proving Grounds in Maryland, Patricia ment of Defense’s fourth highest award given, Wednesday, June 25, 2008 Frounfelker has become a leading expert in is awarded to individuals for bravery, heroism, Mr. VISCLOSKY. Madam Speaker, it is with analyzing and characterizing the survivability and meritorious service. great pleasure and sincerity that I take this of U.S. Army soldiers to a wide variety of po- Technical Sergeant Cmelik earned the time to congratulate the individuals who will tential risks. Most recently, she examined the Bronze Star as an elite member of the 15th take their oath of citizenship on July 4, 2008. potential for reactive armor to cause collateral Expeditionary Air Support Operations Squad- In true patriotic fashion, on the day of our injuries to troops who are near a tactical vehi- ron while operating in Kalsu, Iraq during his great Nation’s celebration of independence, a cle that is under attack. Ms. Frounfelker devel- third tour of duty in Iraq. As stated by the mili- naturalization ceremony will take place, wel- oped a detailed test plan to characterize reac- tary in a press release related to his award, coming new citizens of the United States of tive armor tiles being sent to Iraq for use on ‘‘Sgt. Cmelik’s leadership and professionalism America. This memorable occasion, coordi- the Abrams tank. She collected and analyzed ensured his Brigade Commander’s intent for nated by the Hammond Public Library and the data following each test and determined airpower was always met, and more often presided over by Magistrate Judge Paul R. the collateral injuries likely to be suffered by than not, exceeded. His actions are in keeping Cherry, will be held at Harrison Park in Ham- dismounted U.S. troops within proximity to the with the finest traditions of military service and mond, Indiana. tank. Ms. Frounfelker conducted her analysis reflect distinct credit upon himself, this com- America is a country founded by immi- using a novel methodology that she had pre- mand, the United States Army and the United grants. From its beginning, settlers have come viously developed to characterize the collateral States Air Force.’’ from countries around the globe to the United damage to dismounted troops within proximity Technical Sergeant Cmelik’s bravery goes States in search of better lives for their fami- of the Stryker and Bradley vehicles. Her re- above and beyond what we are asked of as lies. The upcoming oath ceremony will be a sults identified areas of concern regarding citizens of this country, and his heroism and shining example of what is so great about the hazards from each version of reactive armor hard work illustrates the compassion and pro- United States of America, that people from all and have led the Army to change how dis- fessionalism of America’s troops. I commend over the world can come together and unite as mounted troops operate around these vehi- TSgt Michael P. Cmelik’s courageousness and members of a free, democratic nation. These cles. service to our great Nation and consider it an individuals realize the great things America During the same period, Ms. Frounfelker honor to represent Sergeant Cmelik and his has to offer. They realize that nowhere else in served as the lead assessor of crew casual- family in the United States Congress. I know the world is the opportunity for success and a ties for 25 U.S. Army developmental systems, my colleagues join me in wishing him the best better life available to them than here in Amer- including 11 that were fielded in Iraq or Af- in his future service to our country. ica. ghanistan. These systems included three f On July 4, 2008, the following people will variants of the Guided Multiple Launch Rocket take their oath of citizenship in Hammond, In- System (GMLRS) and several tactical wheeled IN RECOGNITION OF THE NA- diana: Mindi Thi Bul, Lidia Quinonez, Claudia vehicles. She collected and analyzed fragment TIONAL ASSOCIATION OF CREDIT Rodriguez, Maria de la Luz Godinez, Venkat data for every live-fire test of these systems, MANAGEMENT SOUTHWEST Santhosh Reddy Poddutur, Juanita Martinez, and her assessments provided the data need- Chu-Mei Peng, Pantelis George Baramantas, ed to assess the lethality of U.S. munitions HON. PETE SESSIONS Teresa Fernandez, Jose Cruz Alvarez Mar- and the survivability of combat vehicles. OF TEXAS tinez, Iris Xiomara Sierra, Nada Jerkovic, Juan Madam Speaker, I ask that you join with me IN THE HOUSE OF REPRESENTATIVES Tellez Rangel, Sarp Kocak, Juana Ramirez de today to honor Patricia Frounfelker in her Pantoja, Aurelio Jimenez, Michal Armatys, nomination for the 2008 Service to America Wednesday, June 25, 2008 Rosy Oliva Arreaga, Stevanda Vukicevic, Call to Service Medal. Patricia Frounfelker’s Mr. SESSIONS. Madam Speaker, I rise Tanuja Reddy Poddutur, Genoveva Atilano, efforts in this time of war have directly bene- today to congratulate the National Association Lelis Estella Lizama, Arel Cherry, Dejan fited soldiers and Marines by identifying and of Credit Management Southwest (NACMSW) Lukich, Silvia Vazquez, Monica Leticia assessing potential injuries they might suffer in who will celebrate its 100th birthday on July Dominguez, Rodolfo Macias, Snezana or near U.S. combat vehicles. This has al- 18, 2008. Krkobabic, Mario Gonzalez Salgado, Victor lowed the Army to modify the vehicles or the Since its founding in 1908, NACMSW has Manuel Garcia Garcia, Maria Carmen Avina, tactics, techniques and procedures before the served as a primary learning, knowledge, and Cristina Varzoaba, Filiberto Corona, Ma vehicles are fielded to better protect U.S. mili- information source for its members. They pro- Melorie Villagracia Rodriguez, Hilda Gonzalez, tary personnel. Her efforts have resulted in vide valuable education and research pro- Gregorio Martinez Sanchez, Maria de Jesus better equipped, better protected warfighters, grams to address the ever changing and Alvarez, Orlando Jiminez Serna, Diana Lewis, who are better able to protect and defend our growing needs of its members. NACMSW re- Jose Antonio Saldana, Ivanja Corak, Farida

∑ 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 Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1338 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 Begum, Elva Miriam Reyna, Fidelina Mr. Dilworth’s ownership of the San Isidro Dr. Alvin Leonard was an exceptionally vi- Rodriguez, Beatriz Anaya Vargas, Efren ranch, he has tried to develop a quality place brant and creative person whose accomplish- Carranza, Arturo Cantero Paredes, Carlos to live and work for Laredoans. Toward that ments spanned decades where he personally Nicolas Perez Aranda, Maria Stoneburner, and end, he donated over 120 acres of land for impacted the lives of those around him. He Alma Della Rangel. Loop 20 as well as for the extension of documented pesticide poisoning among farm Though each individual has sought to be- McPherson Road to connect to the Loop. In workers in the 1940s, created statewide pro- come a citizen of the United States for his or the years following, the land for the United grams to control high-blood pressure among her own reasons, be it for educational or occu- Day School was donated by the Dilworth fam- specific ethnic groups and examined the pational opportunities or for the opportunity to ily. The land for the fire station north of the health effects of electromagnetic fields. Per- offer their families a better life, each is in- Loop on McPherson was also donated to the haps most notably, in 1969 Dr. Leonard spired by the fact that the United States of city. Mr. Dilworth’s newest venture in the busi- helped to establish the Berkeley Free Clinic. America is, as Abraham Lincoln described it, ness world is in the hospitality industry, with Dr. Leonard was a pioneer and champion of a country ‘‘. . . of the people, by the people, addition of the new Best Western Motel on the our most vulnerable community members. Al- and for the people.’’ They realize that the corner of Sandia Drive and Loop 20. though the Greater Bay Area is one of the United States is truly a free nation, and by Madam Speaker, I am honored to have had most diverse and innovative regions in the Na- seeking American citizenship, they have made this time to recognize the hard work and dedi- tion, it also faces many challenges including the decision that they want to live in a place cation of Mr. Blackstone Dilworth to the city of homelessness, poverty, and health inequities. where, as guaranteed by the First Amendment Laredo, to his wife, Frances, and to his family. Dr. Leonard’s compassion for those less fortu- of the Bill of Rights, they can practice what- He is a truly deserving recipient of the 2008 nate motivated him to create a ‘‘street medi- ever religion they choose to practice, speak Laredo Business Person of the Year by the cine’’ clinic. their minds without fear of punishment, and Laredo Chamber of Commerce. The Berkeley Free Clinic found a permanent assemble in peaceful protest should they f home in the Berkeley community, one of the choose to do so. Nation’s epicenters for social justice advocacy. On July 4, 2008, we will welcome these HONORING DR. ALVIN R. LEONARD The clinic services our neighbors who are in newly naturalized citizens to enjoy the same the most dire economic need by providing freedoms and liberties that all Americans take HON. BARBARA LEE them with a right that should be universal—the pride in and cherish. They, too, will be Amer- OF CALIFORNIA right to health care. Essential to Dr. Leonard’s ican citizens, and they, too, will be guaranteed IN THE HOUSE OF REPRESENTATIVES personal convictions and vision are the com- the inalienable rights of Life, Liberty, and the Wednesday, June 25, 2008 passion and personal care shown to residents pursuit of Happiness. These individuals, rep- of my district who seek assistance from the resenting many nations throughout the world, Ms. LEE. Madam Speaker, I rise today to clinic. will be called upon to declare their allegiance honor the extraordinary life of Dr. Alvin R. In its 40-year tenure, the clinic has served to the United States of America. Leonard. We lost this kind spirit and commu- thousands of people, and today it is a strong Madam Speaker, I ask you and my other nity leader on April 20, 2008. A remarkable pillar of hope for many in my district. distinguished colleagues to join me in con- trailblazer and humanitarian, Dr. Leonard lived Although Dr. Leonard formally retired in gratulating these individuals, who will become a full and vibrant 90 years, during which he 1984, he continued public health consulting citizens of the United States of America on transformed our community immeasurably. Al- until his own health no longer permitted it dur- July 4, 2008, the day of our Nation’s inde- though his presence will be sorely missed, ing this past year. pendence. We, as a free and democratic na- there is no doubt that his legacy will continue Dr. Leonard’s legacy will certainly live on tion, congratulate them and welcome them. far into the future. through the lives of all who were fortunate Dr. Alvin R. Leonard was a respected physi- enough to know him. His contributions to our f cian and community activist who used his tal- society were so great that his positive influ- HONORING MR. BLACKSTONE ents and intelligence to serve those most in ence will continue on even through those who DILWORTH need in our community. Nearly 40 years ago, were never able to meet him. he helped found the Berkeley Free Clinic in Today, California’s Ninth Congressional Dis- HON. HENRY CUELLAR my congressional district. Dr. Leonard then trict salutes and honors Dr. Alvin R. Leonard. We extend our deepest condolences to his OF TEXAS dedicated the remainder of his life to making family, especially his wife of 65 years, Pearl, IN THE HOUSE OF REPRESENTATIVES sure people were given the opportunity to achieve and maintain good health. For Dr. and his daughters Barbara and Cathy. May his Wednesday, June 25, 2008 Leonard, this was especially important for soul rest in peace. Mr. CUELLAR. Madam Speaker, I rise today those who faced economic hardships or stren- f to honor Mr. Blackstone Dilworth in recognition uous life circumstances. A TRIBUTE TO THE LIFE OF of his being named the 2008 Laredo Business During the 1950s and 1960s, Dr. Leonard RICHARD DARMANIAN Person of the Year by the Laredo Chamber of served as the director of public health for the Commerce on June 26, 2008. This award rec- City of Berkeley, California. Dr. Leonard truly ognizes his remarkable dedication to the city fulfilled his role as a public servant, intro- HON. JIM COSTA of Laredo as a business entrepreneur. ducing initiatives which championed those OF CALIFORNIA McMullen County is where it all began for most in need regardless of the opposition or IN THE HOUSE OF REPRESENTATIVES Mr. Dilworth, where he was called upon to skepticism he faced from contemporaries. An Wednesday, June 25, 2008 oversee his family’s ranching, oil, and gas op- example of his foresight is the seat-belt cam- Mr. COSTA. Madam Speaker, I rise today to erations in the mid 1970s. He managed over paign he launched to encourage people to buy pay tribute to the life of Richard Darmanian of 50,000 acres spread over four south Texas the safety devices and install them in their Fresno, California, who recently passed away counties, and his land was often used for cars—long before national legislation man- at 81 years of age. He leaves behind his best commercial hunting operations. In 1983, Mr. dated that auto manufacturers build cars friend and loving wife of 59 years, Armon, six Dilworth went on to found Towers of Texas, a equipped with them. children, and several grandchildren. communication tower leasing company. He fo- One of his greatest characteristics, noted by Mr. Darmanian was born on November 21, cused his communication business on the dig- his family and friends, was his sense of 1926, in Sacramento, California, but was ital cell phone tower market in the late 1990s, humor. Dr. Leonard clearly knew the impor- raised in the Central Valley. As a youngster, enabling the construction of over 500 tower tance of love, camaraderie, community build- he lived on a farm where his passion for farm- sites across Oklahoma, Texas, Kansas, Mis- ing, and maintaining a youthful spirit in the ing came to life. sissippi, Louisiana, and Arkansas. pursuit of both health and social justice. Dur- Upon graduation from Caruthers High Along with the expansion of his tower busi- ing his tenure as public health director, Dr. School he attended Fresno State College and ness, Mr. Dilworth planned and executed the Leonard succeeded in persuading department earned his B.A. degree in history and a mas- development of a family ranch in north Laredo. employees to run up and down the stairs for ter’s degree in guidance and counseling. The relatively new addition to Laredo has al- exercise, convinced many to quit smoking, Upon graduating from Fresno State in 1952, ready created a solid reputation for itself, and always urged people to take their health Mr. Darmanian began his teaching career at boasting of industrial, commercial, and resi- both seriously and personally by giving up bad Roosevelt High School, where he taught math- dential development. From the beginning of habits and encouraging lifestyle changes. ematics, history and government. Mr.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1339 Darmanian was also counselor and dean of STATEMENT HONORING THE 100TH The Title IX Law greatly improved the lives the boys at Roosevelt High School. In 1959 he ANNIVERSARY OF THE MINDORO of females and will continue to affect women purchased a small farm in the Sunnyside area, ‘‘CUT’’ for years to come. Title IX has influenced where he built a home and raised a family for many areas of education, giving the possibility many years. HON. RON KIND for women to become lawyers, scientists, economists, politicians, doctors. Even at the In 1969 he became the assistant principal at OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES present time gender equity is still an issue. By Edison High School and then moved on to be- protecting and supporting Title IX, we can en- come the principal in 1972. He was also the Wednesday, June 25, 2008 sure full and equal educational opportunities principal at Hoover High School, and he Mr. KIND. Madam Speaker, I rise today in for all people pursuing their education. served as district administrator in the Instruc- celebration of the centennial anniversary of f tion Division from 1984 until 1988, where he the completion of the Mindoro ‘‘Cut’’ and its was responsible for all the Fresno Unified addition to the National Register of HIstoric CONGRATULATING MEGHAN VIT- School District’s high schools. Places. TRUP FOR HER APPOINTMENT The Mindoro Cut is a perfect example of the AS UNIVERSITY OF NORTH Mr. Darmanian not only had a passion for ingenuity of rural Wisconsin residents. When TEXAS SYSTEM STUDENT RE- education but also for his Armenian commu- the need arose to market perishable dairy GENT nity where he was both very active and an in- products from the countryside to the local fluential member. In 1950, he became a mem- creamery, neighbors and families came to- HON. MICHAEL C. BURGESS ber of the Armenian Revolutionary Federation, gether and surveyed a route through the re- OF TEXAS ARF, in which he served several terms as a gion’s rugged terrain. IN THE HOUSE OF REPRESENTATIVES member of the Regional Executive Committee From 1907 and into 1908, workers dug and Wednesday, June 25, 2008 and the Central Executive Committee. From hacked through hard rock with little technology Mr. BURGESS. Madam Speaker, I rise 1952 to 1970 he served as regional secretary outside of wheelbarrows and hand tools and a today to congratulate Meghan Vittrup, who will of the American Committee for the Independ- good strong back. Digging 74 feet deep, 25 be sworn in today as the Student Regent for ence of Armenia, Armenian National Com- feet wide and 86 feet long, the Mindoro Cut is the University of North Texas System. Ap- mittee. Also, as one of the founding members the deepest of its kind still remaining in Amer- pointed by the governor of Texas, the student of the Armenian Community School that ica. regent serves as a member of the University’s opened its doors in 1976, he served as chair- Eventually, about 14,000 cubic feet of rock Board of Regents, which governs the Univer- would be removed. Although they initially as- man of the board of education for 6 years. sity of North Texas, the UNT Health Science sumed that the hilltop ridge was made of His strong values and community ties led Center at Fort Worth, and the UNT Dallas sandstone and dirt, cutters found hard rock him to serve as a long-time member of the Campus. Meghan will hold a one-year term, just under the surface. and she is charged with representing the inter- Holy Trinity Armenian Apostolic Church Board The Mindoro Cut is still in use today. From ests of students as well as the interests of the of Trustees, as well as a member of the Exec- its creation in 1908, the ‘‘Cut’’ has more than State of Texas and the university system. The utive Council of the Western Prelacy of the Ar- served its original purpose. Today, tourists student regent is a very important position menian Apostolic Church of North America, and visitors travel from across the country to within the UNT system, and I am honored to where he was appointed to the Education marvel at the scenic views while they drive the recognize such an outstanding individual. Council of the Armenian Schools under the ju- winding highway through this man-made his- risdiction of Western Prelacy during the period At UNT, Meghan is pursuing a degree in torical landmark. journalism, with a double minor in political of 1990 and 1994. He was also a member of Today I pay tribute to the workers who un- science and Spanish. Additionally, she has the California State University Fresno Arme- dertook this great endeavor and to the com- nian Studies Advisory Board. been director of internal operations for the munity of Mindoro for honoring their efforts. Student Government Association, and vice Richard enjoyed the simple things in life and With its natural beauty and continued useful- president of Eagle Angels, an on-campus or- loved to be surrounded by his family, friends ness, the Mindoro Cut is a link to our region’s ganization. This summer, Meghan is working and colleagues from the Armenian community. history and people. at the Pentagon as an intern writer for Amer- He was especially proud to see the younger f ican Foreign Press Services, (AFPS), in the Armenian generation alongside with him en- EXPRESSING THE SUPPORT OF Office of the Assistant Secretary of Defense. gaged in activities that were dear to his heart. THE TITLE IX AFPS provides the news content for the offi- Those who were close to him are better peo- cial Department of Defense website. ple today thanks to his influence on their lives. As an alumnus of UNT, it makes me espe- HON. CHARLES B. RANGEL cially proud to see a leader from within the It goes without saying that Mr. Richard OF NEW YORK student body involved in such an important Darmanian was an honorable man with a IN THE HOUSE OF REPRESENTATIVES role as a Member of the Board of Regents. It commitment to family, friends and the Arme- Wednesday, June 25, 2008 is encouraging to see current students taking nian community that will forever live in the Mr. RANGEL. Madam Speaker, I rise today such an active role in governing the school. It lives of the people he so graciously touched. to express my support of the Title IX of the is because of dedicated individuals like His passion for family, education, and the Ar- Education Amendments of 1972, introduced Meghan that the University of North Texas menian culture will be remembered by all who by Congresswoman Patsy T. Mink. continues to shine as one of the leading uni- knew him. I am honored and humbled to join ‘‘No person in the United States shall, on versities of Texas. his family in celebrating the life of this amaz- the basis of sex, be excluded from participa- Again, I commend Meghan for her out- ing man who will never be forgotten. tion in, be denied the benefits of, or be subject standing accomplishment. Her appointment is to discrimination under any programs or activ- well deserved, and I am confident that the f ity receiving federal financial assistance,’’ UNT system will benefit from her involvement. states the Title IX Law of 1972. Passed by I am proud to represent Meghan in the 26th PERSONAL EXPLANATION Congress, the act prohibits discrimination District of Texas. against girls and women in federally funded f HON. NEIL ABERCROMBIE education, including athletic programs. Many HONORING THE INCORPORATION controversies arose trom the bill. It was pro- OF THE CITY OF WILDOMAR, CA OF HAWAII tested that boy’s sports would suffer if wom- ON JULY 1, 2008 en’s sports became equally funded. Despite all IN THE HOUSE OF REPRESENTATIVES the difficulties, the newly enacted law created numerous opportunities for girls and women in HON. DARRELL E. ISSA Wednesday, June 25, 2008 OF CALIFORNIA many fields, such as science or math, health IN THE HOUSE OF REPRESENTATIVES Mr. ABERCROMBIE. Madam Speaker, I re- care, school bands, cheerleaders, clubs and gret that I was delayed in reaching the floor athletics. Because of Title IX, many young Wednesday, June 25, 2008 and missed rollcall vote No. 441. Had I been women gained a chance to receive scholar- Mr. ISSA. Madam Speaker, I rise today to present, I would have voted ‘‘nay.’’ ships and opportunity for higher education. congratulate the citizens of the City of

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1340 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 Wildomar on their official incorporation as a South Africa administered Swazi interests with marily for master’s degrees, and about five city on July 1, 2008. Located in southwest Riv- the British assuming control of the country in others for three- to four-week International Vis- erside County within the 49th Congressional 1902. On September 6, 1968, the Kingdom of itor programs. Such programs are vital to con- District, Wildomar stands to be the 456th city Swaziland became officially independent from tinuing substantial progress between our two in the great state of California. I commend the the British crown. countries’ common goals. Given the great po- citizens of Wildomar for their decision to take Today, Swaziland is a full fledged member tential for progress and development between the responsibility of self governance by uti- of the United Nations, the African Union, Com- the United States and Swaziland as outlined lizing the fundamental principles of democ- mon Market for Eastern and Southern Africa above, I am excited to co-chair the Congres- racy, a tradition that goes back to the founding (COMESA), and Southern African Develop- sional Swaziland Caucus with my friend and days of our nation. ment Community (SADC). Ten accredited am- colleague Representative EDOLPHUS TOWNS of Established as a community in 1891, bassadors or honorary consuls are resident in New York. I urge my colleagues to learn more Wildomar has a long and rich history in Cali- the country and Swaziland maintains diplo- about the Kingdom of Swaziland and to con- fornia. The three founders constructed the matic missions in Brussels, Copenhagen, sider joining the Congressional Swaziland name ‘‘Wildomar’’ from their first names, ‘‘Wil’’ Kuala Lumpur, London, Maputo, Nairobi, Pre- Caucus to help us bolster the long standing from William Collier, ‘‘Do’’ from Donald toria, Taipei, the United Nations, and Wash- ties of friendship between our two great coun- Graham and ‘‘Mar’’ from Margaret Collier. ington, D.C. tries. Once a common stop for the Pony Express on The United States has maintained good bi- f the Butterfield Stage route, Wildomar provided lateral relations since the kingdom became a much needed break for the express riders. independent in 1968 and these good ties have IN REMEMBRANCE OF JUSTICE Thanks to the establishment of a rail line and developed substantially over the years through REVIUS ORTIQUE, JR. stop at Wildomar, the village has continued to talks of trade and assistance to fight the HIV/ grow throughout the last century. AIDS epidemic that plagues the Kingdom. HON. WILLIAM J. JEFFERSON Today, the area of Wildomar consists of Approximately five years ago, the United OF LOUISIANA many custom built homes set on large States began negotiations to launch a Free IN THE HOUSE OF REPRESENTATIVES ranches and communities along the hillsides Trade Agreement with the Southern African Wednesday, June 25, 2008 with sweeping views of the valley. Wildomar Customs Union (SACU) made up of Bot- remains a relaxing and naturally beautiful area swana, Lesotho, Namibia, South Africa and Mr. JEFFERSON. Madam Speaker, the of California. Wildomar is home to 27,000 peo- Swaziland. While the negotiations are cur- death of Justice Revius O. Ortique, Jr. this ple, many of them first time home buyers and rently on hold, the United States is still en- past Sunday marked the passing of a true long time residents. gaged in cooperative efforts to launch a pro- public servant and a selfless leader. A man of On February 2, 2008, the citizens of gram to intensify the trade and investment re- historic firsts, most notably the first African- Wildomar voted to incorporate the city, while lationship in preparation for a Free Trade American member of the Civil District Court in at the same time electing the leaders that will Agreement that would eventually eliminate tar- Louisiana, and the first African-American set the standards for future growth and sta- iffs, reduce non-tariff barriers, liberalize service member of Louisiana’s Supreme Court, he bility in a rich area of California. It is my honor trade, protect intellectual property rights, and blazed a trail for others to follow. to recognize the first city council of Wildomar: provide technical assistance to help the five He was an outstanding lawyer, winning Council Members Ms. Sheryl Ade, Mr. Bob African nations, including Swaziland. To com- landmark civil rights cases, and serving as Cashman, Mr. Scott Farnam, Ms. Bridgette pound these future goals, the U.S. supports President of the National Bar Association. He Moore, and Ms. Marsha Swanson. I look for- small enterprise development, education, mili- served our community as a leader of our ward to working with the new council on tary training, and development of institutions Urban League and chair of the New Orleans issues important to their new and growing and human resources, and agricultural. Aviation Board. He served our Nation, as an community. In addition to promoting economic reform army officer and as an appointee to significant As the Representative of the 49th Congres- and improved industrial relations, the United federal posts by five different Presidents. sional District of California in the United States States has worked closely with many organi- Justice Ortique was a man of community, of House of Representatives, I wish the new city zations within Swaziland, and through U.S. faith and of family. He was a man who loved of Wildomar great success as it begins the agencies, to develop HIV/AIDS initiatives and justice and pursued it for himself and others next chapter of Wildomar’s storied history. programs. The U.S. is also the largest bilateral his entire life. Our Nation is better for his serv- f donor to the Global Fund, Swaziland’s prin- ice, his leadership and his commitment to his cipal HIV/AIDS funding source. Through this country. We pray God’s comfort for his wife of COMMENDING THE UNITED source, many Swaziland groups such as the over 60 years, Miriam; his daughter, Rhesa; STATE’S LONGSTANDING RELA- Hope House, Anglican United Against HIV/ and her husband, Alden; and his grand- TIONSHIP WITH SWAZILAND AIDS, World Teach, Salvation Army etc, have children, Chip, Heidi, and Todd. received funds to help in the scourge against f HON. DAN BURTON AIDS. As exhibited in this year’s large reau- TRIBUTE TO NATIONAL OF INDIANA thorization amount for Presidential Emergency INSTITUTES OF HEALTH IN THE HOUSE OF REPRESENTATIVES Plan for AIDS Relief (PEPFAR), the United States is committed in the fight against AIDS, Wednesday, June 25, 2008 and will stand alongside any country willing to HON. MICHAEL K. SIMPSON Mr. BURTON of Indiana. Madam Speaker, join us in this serious fight. OF IDAHO as a proud co-chair of the Congressional Cau- The Peace Corps has made substantial IN THE HOUSE OF REPRESENTATIVES cus on Swaziland, I rise today to educate my contributions to this common fight as well. In colleagues about the history of Swaziland and 2003, Peace Corps volunteers returned to Wednesday, June 25, 2008 strong but unfortunately too often overlooked Swaziland after a nine-year absence. The cur- Mr. SIMPSON. Madam Speaker, I rise today relationship between the United States and rent Peace Corps program in Swaziland fo- to pay tribute to the National Institutes of the Kingdom of Swaziland. cuses on HIV/AIDS and provides assistance in Health, NIH, and call attention to one example The Swazi nation has a long and rich his- the execution of two components of the HIV/ of important NIH-supported research being tory going back to the 16th century when, ac- AIDS national strategy—risk reduction and conducted through the National Institute on cording to tradition, the Swazi people migrated mitigation of the impact of the disease. Volun- Deafness and Other Communication Dis- south from what is now Mozambique. Fol- teers encourage youth to engage in appro- orders, NIDCD. lowing a series of conflicts with people living priate behaviors that will reduce the spread of Of the five standard senses—sight, hearing, in the area around modern day Maputo, Mo- HIV; they work with children orphaned by the taste, smell, and touch—hearing is the one zambique, the Swazi people settled in north- HIV/AIDS pandemic; and they assist in capac- that people are most likely to lose. Approxi- ern Zululand—part of present day South Afri- ity building for nongovernmental organizations mately 32 million American adults have some ca—in about 1750. Unable to resist the grow- and community-based organizations. form of hearing loss, ranging from mild to pro- ing power of the Zulu nation in the region, the I was also pleased to learn that the U.S. found. Loss of hearing can occur at any age. Swazis moved gradually northward in the Government sends, on average, four Swazi Between two to three out of every 1,000 in- 1800s and established themselves in the area professionals to the United States each year, fants in this country are born deaf or hard of of modern Swaziland. From 1894 to 1902 from both the public and private sectors, pri- hearing. This impairment can make it difficult

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1341 for a child to learn and adversely affect his or House of Representatives. The program of educational opportunities for the large His- her social and emotional development. Older brings together twelve teachers during this panic community. He later was elected as a adults can experience social isolation and de- week-long workshop, from June 23–27, 2008, trustee of the Mt. San Jacinto Community Col- pression. Needed supportive care and serv- selected from Congressional Districts through- lege District, serving for another nine years. ices can be very costly. The Centers for Dis- out the country. His community involvement has been leg- ease Control and Prevention estimates that The purpose of this program is to advance endary. He has served on the foundation the average lifetime costs for one individual the knowledge of the history and practices of boards for the University of California, River- with hearing loss is $417,000. These costs in- ‘‘The People’s Branch’’ so that the selected side and California State University, San clude direct medical costs such as doctor vis- teachers can bring back an enriched under- Bernardino. He was a leading member of the its, direct nonmedical expenses such as spe- standing of the legislative process. While the Inland Empire Hispanic Chamber of Com- cial education, and indirect costs such as lost focus of the program is Congress, the Fellows merce, the Inland Empire African American wages when a person cannot work due to will also participate in conferences at the Na- Chamber of Commerce and the Inland Empire hearing loss. tional Archives, the Smithsonian Institution, Economic Partnership. He served as president With NIH funding, scientists have made tre- and the Library of Congress. These teachers of Sinfonia Mexicana and Chairman of the In- mendous strides during the past decade in un- will then be able to take these details they land Empire Hispanic Leadership Council. derstanding the basic biology that underlies learn back to their students. The list of his commitments to his commu- hearing loss. Research has already led to the Jake Miller is recipient of this honor from nity is impressive, but it does not do justice to development of the cochlear implant which our 11th Congressional District of Pennsyl- the depth of Maurice’s involvement. When he helps people with certain types of hearing loss vania. He is a resident of Summit Hill and is takes an interest in an organization, he brings understand speech and other sounds. Re- a teacher at Panther Valley High School lo- a warmth and dedication that quickly make searchers are also exploring the possibility of cated in Lansford. As a teacher at the high Maurice one of the most valued members. He regenerating cochlear hair cells in humans; school, Jake instructs freshman in U.S govern- has been a civic-minded connection tying all the destruction of these hair cells is the pri- ment and seniors in economics. To help aid these groups together and making them all mary factor in most cases of hearing loss. Be- his professional development as a teacher, more effective. fore, it was assumed that damaged cochlear Jake tutored students in biology, algebra, and He has also helped Arrowhead Credit Union hair cells could not regenerate in people and literature and co-founded an organization that become a force for bringing the American other mammals. However, in 2005, NIH-fund- assisted in registering and counseling individ- dream to minority and working class neighbor- ed research has enabled scientists to identify uals on the voting process. When he is not hoods throughout the Inland Empire. He led a gene that may one day enable hair cells to supporting students in the classroom, he is the the drive to open the first banking office in the regenerate in mammals. faculty advisor for numerous student activities African-American and Hispanic neighborhoods These findings indicate exciting new possi- including student council and yearbook. in west San Bernardino. The credit union has bilities for hearing loss treatments by regen- Additionally, Jake worked for Pennsylvania been honored for its minority outreach pro- erating the hair cells that transform and send State Senator John Gordner where Jake co- grams. sound waves as electrical signals to the brain, ordinated various activities in Senator For his efforts, Maurice has received acco- thus making it possible to hear better. In addi- Gordner’s office including issues pertaining to lades from numerous cities and the two coun- tion, there are new technologies on the hori- schools within the state. The knowledge ties. He has had Banning street named in zon for diagnosing hearing loss in infants, thus gained by this professional experience un- honor of his family. In 2004, he received the enabling hearing-impaired children to receive doubtedly has a positively impacted on the Ohtli Award, the highest recognition granted early intervention that can help them develop lessons he passes on to his students in the by the Mexican Ministry of Foreign Affairs to language skills similar to that of their peers. classroom. members of the Mexican American Commu- For example, scientists and clinicians working Madam Speaker, please join me in con- nity. He is in the Southern California Native collaboratively at the Boys Town National Re- gratulating Jake Miller on his acceptance to American and Latino Hall of Fame. the competitive House Fellows Program. His search Hospital with the support of NIDCD de- His devotion to his children and grand- commitment to education, the government and veloped an approach for testing the hearing children has earned him honors as the Father his community greatly benefits his own stu- mechanism of infants in a matter of minutes in of the Year. He and wife Dorothy—a commu- dents and those throughout the Pennsylvania the first days of life. This technology is now in nity spirit in her own right—have spent 47 educational system. widespread use in many birthing hospitals in years together and in service to the Inland the U.S. as part of their universal newborn f Empire. hearing screening programs. Madam Speaker, Maurice Calderon is retir- This is but a few examples of how the re- A TRIBUTE TO MAURICE ing from his position with the credit union, but search funded with taxpayer dollars at the NIH CALDERON, A TRUE CIVIC LEADER wIll most certamly remam active in his many is improving the health and well-being of all other roles. I ask you and my colleagues to Americans. HON. JERRY LEWIS please join me in thanking him for his decades OF CALIFORNIA f as a community leader, and wish him and IN THE HOUSE OF REPRESENTATIVES CONGRATULATING JAKE MILLER, Dorothy well in all their future endeavors. RECIPIENT OF THE 2008 HOUSE Wednesday, June 25, 2008 FELLOWS PROGRAM FROM THE Mr. LEWIS of California. Madam Speaker, I f 11TH CONGRESSIONAL DISTRICT rise today to pay tribute to a beloved commu- PERSONAL EXPLANATION OF PENNSYLVANIA nity leader in San Bernardino and Riverside counties, and one of the most caring individ- HON. PAUL E. KANJORSKI uals I have ever known, Maurice Calderon of HON. TIMOTHY V. JOHNSON OF PENNSYLVANIA Banning, California. OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES The son of a laborer, Maurice Calderon is a IN THE HOUSE OF REPRESENTATIVES shining example of living the American dream Wednesday, June 25, 2008 Wednesday, June 25, 2008 to the fullest. He began with night classes at Mr. KANJORSKI. Madam Speaker, I rise the local community college and an entry-level Mr. JOHNSON of Illinois. Madam Speaker, today to ask you and my esteemed colleagues job as a teller at Redlands Savings and Loan. unfortunately yesterday, June 24, 2008, I was in the House of Representatives to congratu- His long career led him to become the senior unable to cast my votes on the Motion to Ad- late Jake Miller, on his acceptance of the 2008 vice president for governmental affairs and journ, the Motion to Adjourn, and H.R. 6331. House Fellows Program from the 11th Con- community development with Arrowhead Cred- Had I been present for rollcall No. 441 on the gressional District of Pennsylvania. it Union, which he helped to become a com- Motion to Adjourn, I would have voted ‘‘aye.’’ The House Fellows Program, an initiative munity institution. Had I been present for rollcall No. 442 on the created three years ago by the Office of the Even as he was beginning his career, Mau- Motion to Adjourn, I would have voted ‘‘aye.’’ Historian, extends the opportunity for high rice became the first Hispanic elected official Had I been present for rollcall No. 443 on sus- school Social Studies teachers to visit Wash- in the city when he won a seat on the Banning pending the rules and passing H.R. 6331, the ington, D.C. in order to learn, first hand, the Unified School District board in 1967. He Medicare Improvements for Patients and Pro- intricate structure and proceedings of the U.S. served for nine years, becoming a champion viders Act, I would have voted ‘‘aye.’’

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1342 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 IN MEMORY OF LANCE CORPORAL PERSONAL EXPLANATION FLOMAR, and SS MILL SPRING in the Amer- ANDREW FRANCIS WHITACRE ican, Pacific, Asiatic, European, African, and HON. CAROLYN McCARTHY Middle East theaters of World War II. But most HON. MIKE PENCE importantly, then Seaman First Class George OF NEW YORK earned the Victory Medal, with its inscription OF INDIANA IN THE HOUSE OF REPRESENTATIVES on the obverse—Freedom From Fear and IN THE HOUSE OF REPRESENTATIVES Wednesday, June 25, 2008 Want; Freedom of Religion and Speech. Mis- Wednesday, June 25, 2008 ter Speaker, on behalf of the Congress, I wish Mrs. McCARTHY of New York. Madam to thank Mr. Brown and his more than 144,000 Mr. PENCE. Madam Speaker, I rise today to Speaker, yesterday I missed one vote, and on honor a fallen hero who served his country shipmates of the Navy Armed Guard during Rollcall No. 447 on suspending the rules and World War II, and pay tribute to the 1,810 who bravely in Iraq and Afghanistan. I was deeply passing H.R. 6327, the Federal Aviation Ad- saddened to learn of the loss of Lance Cor- were killed in action. Their service and sac- ministration Extension Act of 2008, I would rifice is recognized and appreciated by a poral Andrew Whitacre of Bryant, Indiana, one have voted ‘‘yea.’’ of two Marines who perished while conducting grateful Nation. combat operations in southwestern Afghani- f f stan’s Farah Province on Thursday, June 19, TRIBUTE TO SANDI WHITE 2008. Lance Cpl. Whitacre was assigned to 2nd HONORING THE VETERANS OF Battalion, 7th Marines, 1st Marine Division, I HON. TOM LATHAM HONOR FLIGHT CHICAGO Marine Expeditionary Force, based in OF IOWA Twentynine Palms, California. He was serving IN THE HOUSE OF REPRESENTATIVES in support of Operation Enduring Freedom in HON. RAHM EMANUEL Afghanistan, where his unit was helping to Wednesday, June 25, 2008 OF ILLINOIS train the Afghan national police. Mr. LATHAM. Madam Speaker, I rise to rec- IN THE HOUSE OF REPRESENTATIVES The three Marine Corps values are honor, ognize the retirement of Sandi White, Sec- courage and commitment. They make up the retary of the Greene County, Iowa Sheriff’s Of- Wednesday, June 25, 2008 bedrock of the character of each individual fice, and to express my appreciation for her Mr. EMANUEL. Madam Speaker, I rise to Marine. These values, handed down from gen- nearly 25 years of public service to her com- pay tribute to the Chicago-area veterans of eration to generation, have made the U.S. Ma- munity. rine Corps the most respected and revered World War II who have arrived today on Honor In 1984, Sandi took a part time dispatcher Flight Chicago to visit the memorial that is fighting force on earth. Lance Cpl. Whitacre position before taking over the full time grave- personified these values and continued that dedicated to them, and to celebrate the coun- yard shift in 1987. When the secretary’s posi- try that they helped define. proud tradition as a Marine who served his tion opened, she jumped at the opportunity country bravely in combat. and has served in that position until her retire- These are the men who proudly wore the An Infantry Assaultman, part of a gun team ment in February. During her years at the uniform of this country, endured the rigors of attached to his infantry unit, Lance Cpl. Greene County Sheriff’s office, Sandi’s hard the war, and fought for our liberty and the Whitacre’s stock and trade was demolitions, work has earned her the respect and appre- freedom of future generations of Americans. breaching, and firing shoulder-launched as- ciation of her community. While their wartime experiences are as varied sault weapons. As I’m sure his fellow 2/7 Ma- I commend Sandi White for her many years as the paths they took following the war, they rines who trusted their lives to his special ex- of loyalty and service to her fellow Iowans. It all remain united in defense of the values that plosives training would tell you, Lance Cpl. is an honor to represent Sandi in Congress, shape our identity as a Nation: love of free- Whitacre was an asset to the Marine Corps, and I know my colleagues join me in wishing dom and respect for human dignity. the United States and the American way of her a happy and healthy retirement. Few members of the ‘‘greatest generation’’ life. He will be sorely missed by all. spoke about their wartime experiences without In addition to any posthumous commenda- f evoking painful and emotional recollections of tions that he might receive because he died in EXPRESSING APPRECIATION FOR their experiences in World War II, and fewer the line of duty, Lance Cpl. Whitacre was the THE SERVICE OF MR. EUGENE still asked for recognition. I urge my col- recipient of six awards since he left for Marine BROWN AND THE NAVY ARMED leagues to join me in welcoming these vet- Corps boot camp in July 2005. He earned rib- GUARD DURING WORLD WAR II erans to our Nation’s Capital on this day. It is bons for combat action and overseas service, my privilege to honor each one. including campaign medals for Iraq and Af- Charles S. Affolter, Fredric S. Appelman, ghanistan. HON. DOUG LAMBORN Francis Bailey, Edward Bednarczyk, Larry OF COLORADO Madam Speaker, I extend my deepest con- Black, Delmar Bond, Kenneth J. Chelmowski, dolences to the family and friends of Lance IN THE HOUSE OF REPRESENTATIVES John J., Sr. Cooney, Gilbert R. Dumdie, Ber- Cpl. Whitacre. And I wish to express my pro- Wednesday, June 25, 2008 nard Edelman, Stanley Ewasiuk, Tom Flana- found sadness to the community of Bryant, es- gan, Henry W. Flora, Alfred Galvan, Robert E. pecially his father and stepmother, Ernie and Mr. LAMBORN. Madam Speaker, I rise to Georgen, Melvin R. Gerberding, Lloyd Getz, ´ Norma Whitacre; his mother and her fiancee, pay tribute to more than 144,000 members of Joseph Virgil Gray, Donald Harner. Susan Nunly and Michael Perry of Dunkirk; his the Navy Armed Guard who served during fiance´e, Casey McGuire of Parker, Arizona; World War II. Their service protecting mer- Mark Hashimoto, Loyde A. Henry, Jesse Hi- two brothers, Ryan Murphy of Lancaster, Indi- chant ships from enemy attack and ensuring dalgo, John Howard, Richard P. Hyland, Ray- ana and Justin Miller of Huntington; one sister, needed supplies, ammunition, and troops mond Janus, Alvin S. Johnson, Phillip J. Jo- Ashley Williams of Lancaster, Indiana; four made it across the world’s oceans was an ef- seph, Harold E. Kalbas, Merritt A. King, Kyrl grandmothers, Mildred Whitacre of Berne, fort that helped lead America and her allies to (Carl) Kirk, Norman F. Kosman, Robert P. Caroline Huffman of Kendallville, Beulah Mur- victory. In 1998, Congress enacted Public Law Krautstrunk, Joseph K. Kulinski, Keith F. phy of Bluffton and Mary Scott of Portland; 105–261, Section 534, stating Congress’ ‘‘ap- Lawler, Sr., John S. Manasse, Dominic and, many nieces and nephews. preciation for service during World War I and Martinucci, Elroy E. Meyer, Robert W. We are all struggling to cope with the tragic World War II by members of the Navy as- Mitchler, Samuel Mizra. loss of this young man, no less because his signed onboard merchant ships as the Naval Nicholas Moorad, Amos Nicholson, Joseph death follows hard on the heels of another fall- Armed Guard Service.’’ Today, I would also A. Oruzco, Robert L. Palis, James W. Reilly, en Marine from the Sixth District who was lost like to specifically mention one of my constitu- Melvin Rosenfeld, Gordon R. Schnulle, John I. less than a week before. Just as Lance Cpl. ents, Mr. Eugene George Brown, and thank Shumaker, James R. Taff, Lincoln S. Tamraz, Whitacre embodied the Marine motto—Sem- him for his service in the Navy Armed Guard. Donald L. Thompson, Peter C. Urbane, Merrill per Fidelis, ‘‘Always Faithful’’—let us also be Following his entry into the Navy from S. Urbane, Sr., Raymond C. Wagner, Edward faithful to extend a helping hand to his family, Queens, New York, Mr. Brown served more G. Wagner, John A. Weber, Ernest Westman, friends and community, and remember them in than 3 years in the Navy Armed Guard, pro- Stanley R. Williams, Jr., Armand E. Wormley, our thoughts and prayers. tecting the SS ROBIN LOCKSLEY, SS John H. Zeilstra.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1343 EXPRESSING GRATITUDE FOR THE to the Wisconsin State Historical Society, ‘‘the She found that apes made spears from twigs CONTRIBUTIONS OF THE AMER- first mass meeting in this country that defi- and caught prey with them. Jill is currently fo- ICAN GI FORUM ON ITS 60TH AN- nitely and positively cut loose from old parties cused on the chimps’ reactions to fire, use of NIVERSARY and advocated a new party under the name water and general movements and behaviors. Republican’’ took place on March 20, 1854, in During her 7 years of researching in Senegal, SPEECH OF the ‘‘Little White School House’’ in Ripon. Jill has suffered from malaria and avoided HON. SOLOMON P. ORTIZ I am pleased that a number of my col- hazards such as poisonous snakes. OF TEXAS leagues have had the opportunity over the Jill’s work and research is important to wid- years to visit the Little White School House in ening the scope of knowledge of different IN THE HOUSE OF REPRESENTATIVES Ripon. This site, which is listed on the Na- areas and species around the world. Without Tuesday, June 24, 2008 tional Registry of Historic Places, was recently Jill’s individual efforts, science would be left Mr. ORTIZ. Mr. Speaker, I rise today in sup- restored thanks to the generosity of the Jeffris behind in understanding the environment’s port of H. Res. 1291, which celebrates the Family Foundation of Janesville, Wisconsin, role in the adaptations of Earth’s species. 60th anniversary of one of our country’s most which provided a challenge grant matched by I commend Jill Pruetz for all her hard work prominent veterans and civil rights organiza- funds raised by the dedicated and hard- and contributions to scientific exploration. I tions—the American GI Forum. working citizens of Ripon. They recognize the consider it an honor to represent Jill in Con- Originally founded to assist Hispanic World historical significance of this important site and gress, and I know my colleagues join me in War II veterans fight discrimination from the the value of maintaining it so that it may be wishing her future success and happiness as VA, the American GI Forum now advocates visited and enjoyed by future generations. she continues her work in primatology. for numerous additional causes, including vot- Ripon always has maintained a heritage of f ing rights, job training, and better access to active citizenship and has been the home of a education. number of nationally recognized leaders, in- COMMENDING THE WOOLUM FAM- This bill is special to me because it also cluding George Peck, nationally beloved au- ILY OF KNOX COUNTY, KEN- commends the American GI Forum’s founder, thor of the Peck’s Bad Boy books and Gov- TUCKY, FOR ITS TRADITION OF Dr. Hector P. Garcia, who hails from my ernor of Wisconsin; Harry Selfridge, founder of SERVICE TO THE UNITED hometown of Corpus Christi, TX. Dr. Garcia, Selfridge’s Department Store in London and STATES OF AMERICA himself a distinguished veteran, was one of the man who revolutionized retail commerce the early leaders of the Hispanic civil rights through the creation of the modern department HON. HAROLD ROGERS movement. store; Carrie Chapman Catt, a leader of the OF KENTUCKY Dr. Garcia served as an alternate ambas- women’s suffrage movement who organized IN THE HOUSE OF REPRESENTATIVES sador to the United Nations in 1967, was ap- the passage of the 19th Amendment to the Wednesday, June 25, 2008 pointed to the United States Commission on Constitution and founded the League of Civil Rights in 1968, and was awarded the Women Voters; Winifred Edgerton, the first Mr. ROGERS of Kentucky. Madam Speaker, Presidential Medal of Freedom—the Nation’s woman in the country to earn a PhD in mathe- during this time of conflict overseas, the highest civilian honor—in 1984. matics; Ben Marcus, whose nationwide empire United States has called on her brave men Dr. Garcia grew up in South Texas and of cinema complexes, hotels, and restaurants and women in uniform to serve and to sac- hitchhiked 30 miles a day to go to school. He began with the Campus Cinema in Ripon; and rifice. And they have answered this call—with enrolled into the University of Texas Medical Mark Conrad who, when elected mayor of honor, with immeasurable courage and with School which accepted only one Mexican- Ripon in 1972 while still attending college, be- distinction. I rise today to recognize the American student per year. came the youngest mayor in the Nation. Woolum Family, hailing from my region of In addition to helping Hispanic veterans, Dr. For one hundred and fifty-seven years, southern and eastern Kentucky, for their dedi- Garcia also led the fight against ending dis- Ripon has been the home of Ripon College, a cation and decorated service to our great Na- crimination against Hispanic students and nationally recognized quality liberal arts institu- tion. brought attention to the poor conditions of mi- tion. For over one hundred and fifty years, David and Ruby Woolum, of Artemus, Ken- grant workers. Ripon has also valued its citizens with entre- tucky, devoted their lives to imparting in their From working with Presidents on civil rights preneurial spirit and vision who have given 12 children love of God, love of family, and issues to providing medical services to those rise to the many businesses that continue to love of country. Today, I am incredibly hon- who couldn’t pay, Dr. Garcia dedicated his life thrive there. ored to share with you that seven of their nine to bettering the lives of all. His legacy, through Given its rich history and regional signifi- sons, and four of their grandchildren, have the American GI Forum, will always live on. cance, Ripon has been a leader among Wis- taken these valuable lessons to heart and in I congratulate the members of the American consin communities in the preservation of the turn dedicated their lives to military service. GI Forum for all their work as a beacon of historic architecture, artifacts, and documen- Their representation of both Kentucky and the hope for all veterans and citizens aspiring to tary records related to the city’s character and United States is exemplary. improve the lives of those in their community. development. David and Ruby’s sons David and Robert f I hope you will all join me in congratulating served valiantly in the Marine Corps; in fact, Ripon, Wisconsin, on the 150th anniversary of David returned from his second tour in Viet- SESQUICENTENNIAL OF THE CITY its chartering as a city by the State of Wis- nam a decorated veteran and a recipient of a OF RIPON, WISCONSIN consin. Purple Heart. Their brothers—Charles, Rich- f ard and Keith—spent their military careers in HON. THOMAS E. PETRI the Air Force, while Joseph and Terry Woolum OF WISCONSIN TRIBUTE TO JILL PRUETZ served bravely in the Army. Terry is currently IN THE HOUSE OF REPRESENTATIVES in his 33rd year of military service, as a mem- ber of the National Guard. The support of their Wednesday, June 25, 2008 HON. TOM LATHAM OF IOWA siblings Priscilla, Ellen, Eric, and James never Mr. PETRI. Madam Speaker, on March 20, IN THE HOUSE OF REPRESENTATIVES wavered. 2008, the City of Ripon, Wisconsin, celebrated Even more impressive is that their collective the 150th anniversary of its being granted a Wednesday, June 25, 2008 spirit of patriotism has trickled down to a city charter by the State of Wisconsin in 1858. Mr. LATHAM. Madam Speaker, I rise today younger generation of Woolums, who continue The sesquicentennial of Ripon’s chartering will to recognize Iowa State University to represent southeast Kentucky with pride: be officially observed this summer at an an- primatologist Jill Pruetz on winning a National David and Ruby’s grandchildren Joseph, Rob- nual community celebration called ‘‘Riponfest,’’ Geographic Society Emerging Explorer Award ert, Jason and Jolene are currently serving in which attracts thousands of visitors to the city for her research on primates in Senegal, Afri- the Marine Corps, Army, National Guard and to participate in a weekend of events recog- ca. Air Force, respectively. nizing everything that is best about this out- Jill, who is also an associate professor of Thankfully these 11 closely knit men and standing community in the heart of Wiscon- anthropology at Iowa State University, re- young woman have returned safely from their sin’s 6th Congressional District. ceived international recognition for performing many overseas tours of duty, including mul- Ripon, of course, is best known as ‘‘the a study which recorded habitual hunting by tiple deployments to such destinations as Viet- Birthplace of the Republican Party.’’ According Savannah chimpanzees in Senegal, Africa. nam, Germany, France, and recently, Iraq. I

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1344 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 believe we have a special duty to honor these ed officials have a solemn responsibility to de- impose jail time during a state of national brave soldiers, airmen, marines and guards- fend our country, and, like my colleagues, I emergency on those who are found guilty of men for their outstanding service to our coun- support a modernization of our intelligence price-gouging. Most importantly, penalties col- try and, in particular, to recognize the impor- laws. But being asked to support either our in- lected from price-gouging companies will be tant role of David and Ruby Woolum in raising telligence community or protecting civil lib- forwarded to the Low-Income Home Energy their children with a desire to serve our coun- erties is a false and dangerous dichotomy. Assistance Program, LIHEAP, to help families try and support one another in this noble en- Benjamin Franklin once wrote that, ‘‘those who pay for their heating and air-conditioning bills. deavor. would trade liberty for some temporary secu- At this time, 28 states have passed legisla- When David Woolum passed away in No- rity, deserve neither liberty nor security.’’ With tion against price-gouging. More laws are vember 2002, he and Ruby had been married this bill, I believe we have proven him right. needed at both the state and local levels to for 64 years. I ask my colleagues to join me f ensure that those who are responsible for arti- in celebrating and honoring the patriotism of ficially raising energy prices are investigated this couple, which should serve as an example SENSE OF CONGRESS REGARDING and punished. to American families for centuries to come. A NATIONAL DYSPHAGIA I urge other colleagues to support this bill. AWARENESS MONTH I applaud the work done by to protect the f American people from energy price-gouging. SPEECH OF FISA AMENDMENTS ACT OF 2008 f

SPEECH OF HON. GENE GREEN TRIBUTE TO NEW HAMPTON OF TEXAS TRINITY LUTHERAN CHURCH HON. LYNN C. WOOLSEY IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Tuesday, June 24, 2008 HON. TOM LATHAM IN THE HOUSE OF REPRESENTATIVES Mr. GENE GREEN of Texas. Mr. Speaker, OF IOWA Friday, June 20, 2008 I rise today in support of H. Con. Res. 195, IN THE HOUSE OF REPRESENTATIVES Ms. WOOLSEY. Madam Speaker, today which would designate June 2008 as National Wednesday, June 25, 2008 Congress is yet again faced with the choice of Dysphagia Awareness Month. Mr. LATHAM. Madam Speaker, I rise today approving the Bush administration’s unconsti- Dysphagia is a condition that affects nearly to congratulate Trinity Lutheran Church of tutional expansion of executive branch author- 15 million Americans. According to the NIH, New Hampton, Iowa, on celebrating their 50th ity in the Foreign Intelligence Surveillance Act, people with dysphagia have difficulty swal- anniversary as a congregation. FISA, or defending the Constitution and pro- lowing and may also experience pain while On July 31, 1958, the German parishioners tecting the civil liberties of Americans. The swallowing. of St. Paul’s Lutheran Church and the Nor- choice could not be more clear and con- Some people may be completely unable to wegian parishioners of St. Olaf’s Lutheran sequences more grave. swallow or may have trouble swallowing liq- Church joined together as Trinity Lutheran Passing this legislation today will be the en- uids, foods, or saliva. Eating then becomes a Church. St. John Lutheran Church of Lawler, during legacy of the Bush administration. It will challenge. Often, dysphagia makes it difficult Iowa became the third church to join Trinity provide the Congressional seal of approval for to take in enough calories and fluids to nour- Lutheran in 1964. The St. John Lutheran years of the White House’s stonewalling on ish the body. Churches in Ionia and Boyd are also now a Congressional oversight, eroding Congress’s The CDC estimates that 1,000 people in the part of the Trinity family. authority, and violating the Constitution. A vote United States annually are diagnosed with The original St. Paul church cost $19,000 to in favor of H.R. 6304, the FISA Amendments dysphagia and 60,000 Americans die from build. While growing as a congregation, the Act, is a vote for the Bush administration’s ex- complications from this condition every year. Trinity family has also faced adversity in deal- pansive interpretation of executive power and However, many people have never heard of ing with damaging fires at the church in 1973 against the Constitution. That’s why I must op- dysphagia and unfortunately most cases of and 2001. Both times the congregation came pose this legislation. dysphagia go unreported. together and built their faith community even H.R. 6304 permits mass, untargeted surveil- Designating June 2008 as National Dys- stronger. Through new contemporary services, lance of all phone and email conversations en- phagia Awareness Month will help raise Trinity’s methods of conducting their services tering or leaving the U.S. without basic, let awareness and understanding of dysphagia. have changed with society, but its message alone adequate, protections for Americans’ I want to thank Mr. WAMP for sponsoring has remained steadfast. civil liberties. Communications of millions of this legislation and urge my colleagues to sup- Trinity Lutheran Church of New Hampton is Americans will be swept up because of re- port this resolution. dedicated to benefiting the lives of those in New Hampton and the surrounding rural duced reverse targeting protections and mini- f mized court oversight. This bill enables the areas, and for this I offer Trinity my utmost Government to walk through an enormous FEDERAL PRICE GOUGING congratulations and thanks on a prosperous loophole by suspending prior court review of PREVENTION ACT history. It is an honor to represent all the pa- intelligence surveillance applications at their rishioners of Trinity Lutheran and the current discretion. Additionally, there are no safe- SPEECH OF pastor Reverend Kevin Frey in the United guards to protect Americans whose informa- HON. CHARLES B. RANGEL States Congress, and I wish them continued success, grace, peace and celebration as a tion is unintentionally obtained. H.R. 6304 dis- OF NEW YORK community. penses with real oversight by the court, a re- IN THE HOUSE OF REPRESENTATIVES quirement fundamental to upholding the Con- f Tuesday, June 24, 2008 stitution. FEDERAL EMPLOYEES PAID Furthermore, this legislation provides noth- Mr. RANGEL. Mr. Speaker, I rise today to PARENTAL LEAVE ACT OF 2008 ing less than de facto immunity for tele- express my full support for H.R. 6346, also communications companies that broke the know as the Federal Price-gouging Prevention SPEECH OF law. District courts will be forced to dismiss Act. I join my other colleagues from both sides pending cases if they receive a certification of the aisle and American consumers to ad- HON. PHIL HARE OF ILLINOIS from the Attorney General that telecommuni- dress the issue of price gouging of gasoline IN THE HOUSE OF REPRESENTATIVES cation companies were asked to turn over and other fuels. their customers’ records. There is no deter- This bill has received widespread support Thursday, June 19, 2008 mination if the request was legal. No due for several reasons. First, the bill gives the Mr. HARE. Mr. Speaker, I rise today in process. No penalty. No accountability. Ex- Federal Trade Commission the ability to inves- strong support of the Federal Employees Paid actly what the Bush administration wanted all tigate and punish companies that falsely in- Parental Leave Act. along. flate energy prices. It is unacceptable for en- Currently, about 46 percent of private em- We should never sacrifice commitment to ergy companies to artificially raise prices. This ployers provide paid parental leave to their the rule of law and our system of checks and bill serves to address these crimes and protect employees, but federal workers have no such balances for broad, unbridled power to sus- the American people. guarantee. As a Member of the House Edu- pend Americans’ civil liberties at will. Unfortu- Second, this bill will allow for the Justice cation and Labor Committee and a represent- nately, this new FISA bill does just that. Elect- Department to collect criminal penalties and ative of many federal workers, this concerns

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1345 me. Federal workers, like those in the private violent crimes. Additionally, Byrne-JAG grants Tritons on their third straight national cham- sector, should also have the option of adopt- enable state, regional, and local agencies to pionship and wishing all the young men con- ing or giving birth to their own child without confront and overcome the threats posed by tinued success in their future endeavors. having to go 12 weeks without a paycheck, drug trafficking through providing essential f which few families in our country can afford to funding to improve drug enforcement and do. treatment programs. By using these grants to NATIONAL GUARD AND RESERV- Study after study shows that enabling work- develop multi-jurisdictional drug task forces, ISTS DEBT RELIEF ACT OF 2008 ing mothers and fathers to care for and bond law enforcement officials from around the SPEECH OF with newly-adopted children and newborns country have been able to foster institutional lays the foundation for healthy child develop- collaboration built on their shared expertise HON. JANICE D. SCHAKOWSKY ment and a safer, brighter future for our Na- and training. OF ILLINOIS tion. Paid leave makes it possible for workers Last year, the City of Santa Rosa and IN THE HOUSE OF REPRESENTATIVES to take time off without having to worry about Sonoma County in my Congressional District Monday, June 23, 2008 a paycheck. were fortunate enough to receive Byrne-JAG Additionally, paid parental leave will help the grants, which went to support programs de- Ms. SCHAKOWSKY. Madam Speaker, I rise federal government recruit and retain dedi- signed to assist in the prevention of drug use, in strong support of H.R. 4044, the National cated and talented workers. As the federal treat non-violent offenders, and improve the Guard and Reservists Debt Relief Act of 2008, workforce ages, our government will be look- effectiveness of our criminal justice system. a bill I am proud to have authored. Since Sep- ing for new, younger workers. In order to at- That’s why I’m a cosponsor of H.R. 3546, tember 11, 2008, more than 460,000 Reserv- tract and retain the best workers, federal ben- which would reauthorize the Byrne-JAG pro- ists and members of the National Guard have efits must be competitive. gram until 2012. Despite the Bush Administra- been called to active duty in Iraq and Afghani- This paid leave would also save the govern- tion’s efforts to eliminate funding for this im- stan. These courageous men and women ment money by reducing turnover and avoid- portant program, I commend the Democratic have selflessly left their families and their jobs ing costs associated with replacing and train- Leadership for demonstrating their commit- to fight for our country on the battlefield, often ing new workers, which is approximately 25 ment to full funding for Byrne-JAG by bringing with little or no notice and no time to prepare percent of one worker’s salary, making turn- this legislation to the Floor. for the financial challenges that their deploy- over-related costs among the most significant Local law enforcement officials depend on ments will present. employer expenses. Byrne-JAG grants to invest in strategies that In April 2005, the Bankruptcy Abuse Pre- The Federal Employees Paid Parental combat crime and drugs. Without these re- vention and Consumer Act made it harder for Leave Act will provide federal workers who sources, State and local law enforcement can- individuals to discharge their debts in bank- qualify for leave under the Family Medical not take the steps they need to protect our ruptcy. That legislation requires debtors who Leave Act, FMLA, which guarantees 12 weeks families and our country’s most precious re- file for bankruptcy to submit to a means test of unpaid leave, with four weeks of full pay for sources, our children and young adults, from that assesses their eligibility for bankruptcy the adoption or birth of a new child, allowing violence and drug abuse. Madam Speaker, it’s protection. H.R. 4044 would exempt members parents to care for their newborns while con- our responsibility to make certain these brave of the National Guard and Reserves facing tinuing to make ends meet. men and women have the support necessary bankruptcy as a result of their service from This legislation takes a strong step toward to perform their jobs. It’s the least we can do. that means test. When the changes to bankruptcy law were creating a more family-friendly workplace in f the United States. Hopefully, in my lifetime I made, Congress understood the importance of will see federal paid sick and parental leave TRIBUTE TO IOWA CENTRAL COM- exempting disabled veterans whose debts for every worker in every industry in the MUNITY COLLEGE TRITONS were incurred while they were on active duty United States. I look forward to working with WRESTLING TEAM from means testing. However, the men and my colleagues to achieve this goal. As a fa- women of the National Guard and Reserves ther who spends every week away from his HON. TOM LATHAM were left out; their sacrifice was disregarded. family serving here in the U.S. Congress, I un- OF IOWA That is why I introduced this legislation with derstand how hard it is not to be with loved IN THE HOUSE OF REPRESENTATIVES my friend and colleague Congressman DANA ROHRABACHER. Those heroes returning from ones and to miss important events in their Wednesday, June 25, 2008 lives because of one’s job. active service in the Guard and Reserves de- I urge my colleagues to pass this legislation Mr. LATHAM. Madam Speaker, I rise today serve the same flexibility. and show American workers that we are com- to honor a great achievement by the Iowa H.R. 4044 allows members of the National mitted to helping them balance their work and Central Community College Tritons wrestling Guard and Reservists to file for Chapter 7 home responsibilities. team. This year Iowa Central won their third without the added paperwork burden and ob- f straight National Junior College Athletic Asso- stacles of the means test. The bill would apply ciation, NJCAA, national championship. to our citizen soldiers who have served in the EDWARD BYRNE MEMORIAL JUS- Iowa Central is only the third junior college armed forces for more than 90 days since 9/ TICE ASSISTANCE GRANT PRO- to ever win three straight national titles. At 125 11 and would grant them an exemption from GRAM AUTHORIZATION pounds, Terrance Young earned an individual the test for up to a year and a half after they national title. David Greenwald and Brad return home. It also requires a Government SPEECH OF Lower were runner-ups in their respective Accountability Office report which will help us HON. LYNN C. WOOLSEY weight classes. Matt Burns, Joe Johnson, quantify the hardships our veterans face when OF CALIFORNIA Carrington Banks and Kevin Kelly placed third, they return home by tracking how many apply IN THE HOUSE OF REPRESENTATIVES fourth, eighth and eighth in their respective for bankruptcy protection. weight classes. Carrington Banks, Brian Many members of the Guard and Reserves Monday, June 23, 2008 Drake, David Greenwald, Kevin Kelly, Joe leave for the war thinking they will only be de- Ms. WOOLSEY. Madam Speaker, ensuring Johnson and Terrance Young were all named ployed for 6 to 12 months and end up getting that local law enforcement officials are pro- academic All-Americans as well. their tours involuntarily extended. One quarter vided with the resources they need to effec- The example set by these young men and of those soldiers have been deployed more tively protect our communities requires nothing their coach, Luke Moffitt, demonstrates the re- than once. There is almost no way that they less than our sustained commitment and dedi- wards of hard work, dedication and determina- can anticipate or prepare for that extension of cation. That’s why I am proud to support of tion. They scored victories on the mat as well their service financially. H.R. 3546, the Byrne-Justice Assistance as in the classroom. Their triumph in both are- According to the National Guard, forty per- Grant, JAG, Reauthorization Act. nas is an honor that we all can admire and be cent of Reservists and members of the Na- The Byrne-JAG program provides State and proud of. tional Guard lose money when they leave their local governments with the tools necessary to I am honored to represent Iowa Central civilian jobs for active duty. This is especially prevent and control crime while strengthening Community College and their students, staff, true for servicemembers who own and operate our criminal justice system. These grants help faculty, wrestling team and their coaches in small businesses who put their businesses on fund law enforcement programs targeting the United States Congress. I know that all of hold while they serve thousands of miles school violence, hate crimes, and victims of my colleagues join me in congratulating the away.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1346 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 Now Reservists and National Guardsmen ple, the Allen County Drug Task Force relies and Dolly Parton, many of America’s greatest and women are coming home to a weak econ- on this program’s funding to continue its work recording artists emerged through the histor- omy and record unemployment levels. Eight- with the FBI, DEA and ATF targeting drug traf- ical art form of gospel. een percent of recently separated service- fickers. As does the Indiana Multi-Agency While gospel may have its roots based in members are currently unemployed. They are Group Enforcement (IMAGE), a drug-enforce- the African-American traditions of Negro spir- disproportionately feeling the pinch of record ment team combining select law enforcement ituals, its reach has spanned not only across gas prices, housing foreclosures, and food from DeKalb, Noble, Steuben, and LaGrange the ages, but it has grown beyond its estab- costs. counties. In 2006 alone, IMAGE worked on lished audience to achieve popular culture and We have all heard from constituent 101 drug and prostitution cases, and seized il- historic relevance across the globe. With its servicemembers who have returned home to legal drugs valued at nearly $3 million. These use of choral singing in unison and harmony, find their families in financial disarray. Many results speak for themselves, and they dem- Gospel has emerged as a distinct category of reservists took a pay cut from their regular onstrate how critical it is to the safety of Hoo- popular song, with its own supporting pub- jobs to serve overseas; others find that when siers in northeast Indiana, as well as Ameri- lishing and recording firms, and performers they are discharged, if they can find work, cans nationwide, that the Byrne JAG program appearing in sell-out concerts nationwide. they are returning home to lower salaries—in is fully-funded. This resolution allows Members of Congress many instances, lower than their combat pay. I was very upset when Congress cut Byrne- to celebrate gospel’s rich heritage and honor Twenty five percent of servicemembers re- JAG funding by 67 percent last December in musical pioneers from the likes of Mahalia tuning from Iraq or Afghanistan earn less than the FY 2008 Omnibus Appropriations Bill. If Jackson and Sandi Patty, and the Hawkins $25,000 a year. Some veterans are driven to the House doesn’t act quickly to restore this Family, very own constituents: Tramaine, homelessness—the VA estimates that there key funding source, law enforcement pro- Edwin and Walter Hawkins. Additionally, it al- are 1,500 homeless veterans of the wars in grams throughout the Nation will certainly be lows Members of Congress to pay tribute to Iraq and Afghanistan. reduced—or eliminated—likely reversing hard- this important American legacy and the role it The means test has a particularly adverse won gains that have been made over the plays in the lives of millions. impact on servicemembers. Most service- years at the local level. Since Thomas Dorsey first stretched the members receive higher compensation in the We have an opportunity with the FY 2008 boundaries to create gospel music, choirs, form of combat pay and have fewer expenses Supplemental Appropriations bill to correct that quartets, and powerful vocalists have been while serving abroad, but upon leaving service mistake, and I strongly urge the House to ac- singing this same song, albeit in different they face lower incomes and higher expenses. cept the Senate language restoring Byrne-JAG styles and places. Gospel is here to stay, and Because the means test factors in a person’s funding for the current fiscal year. This meas- I urge all of my colleagues to join me in sup- income and expenses for the six-month period ure is necessary in order for local law enforce- porting this measure to honor the gospel com- preceding the bankruptcy filing, a veteran’s in- ment agencies to continue their constant pur- munity, and create a month designated to an- come is artificially inflated and expenses are suit of criminals, especially drug dealers. We nually acknowledge the ‘‘good news’’ it rep- inaccurately low. As a result, veterans risk will be taking a major step backward if we resents. having their chapter 7 case dismissed and don’t accept the Senate’s proposal. The long- f being forced to file under the stricter chapter term effects of such a move are dangerous. MEDICARE IMPROVEMENTS FOR 13. As we enter the general appropriations sea- PATIENTS AND PROVIDERS ACT The men and women of the National Guard son for next fiscal year, I also urge the Appro- OF 2008 and Reserves have risked their lives to protect priations Committee, and the House in gen- us. If servicemembers, through no fault of their eral, to fully fund this program in FY 2009. SPEECH OF own, end up in bankruptcy, they deserve pro- The Byrne JAG program is a proven success tection from Congress. This bill brings us one that strongly deserves reauthorization, and I HON. GENE GREEN step closer to providing them with financial re- urge passage today of H.R. 3546. OF TEXAS lief when they come home from their service. IN THE HOUSE OF REPRESENTATIVES f I would like to offer my heartfelt thanks to Tuesday, June 24, 2008 Chairman CONYERS and Subcommittee Chair- GOSPEL MUSIC HERITAGE MONTH woman LINDA SA´NCHEZ for their commitment Mr. GENE GREEN of Texas. Mr. Speaker, to and work on this bill and to the minority SPEECH OF I rise today in support of HR 6331. This impor- Committee Members for working with us to tant piece of legislation will delay the physician find a compromise and get this bill on the floor HON. BARBARA LEE payment cut, which is scheduled to go into ef- OF CALIFORNIA today. And again, I thank my colleague Con- fect on July 1. IN THE HOUSE OF REPRESENTATIVES gressman ROHRABACHER, whose passion and It has been over a decade since the physi- persistence on this issue have made him a Tuesday, June 24, 2008 cian fee schedule was put in place to help wonderful ally. control increases in Medicare payments to Ms. LEE. Mr. Speaker, I rise today to ex- physicians. f press support for a resolution designating The Medicare program reimburses physi- EDWARD BYRNE MEMORIAL JUS- September as Gospel Music Heritage Month. cians who treat seniors using a complex for- TICE ASSISTANCE GRANT PRO- This resolution recognizes the legacy of gos- mula that is based on a number of factors. GRAM AUTHORIZATION pel music for its invaluable and longstanding Unfortunately, payments for physician serv- contributions to the musical traditions of the ices matched the SGR and expenditure tar- SPEECH OF United States. gets for only the first 5 years. Let me begin by thanking Representative Since then, the actual expenditures have HON. MARK E. SOUDER JACKSON-LEE of Texas, the Recording Acad- OF INDIANA exceeded the target by so much that the sys- emy, and the Gospel Music Channel for all of IN THE HOUSE OF REPRESENTATIVES tem is no longer realistic. their support to pay homage to this influential As we have learned in recent years the for- Monday, June 23, 2008 and inspirational genre of music. Gospel mula reduces payments to physicians when Mr. SOUDER. Madam Speaker, I rise today music is truly an American classic that’s gone the economy goes down—a time when doc- in strong support of H.R. 3546, a bill to author- far too long without being recognized for the tors are least able to absorb the extra costs. ize funding for the Edward Byrne Memorial significant impact it’s made on our culture. These payment reductions have caused Justice Assistance Grant Program at fiscal Whether it’s swaying with the choirs, tapping many physicians to hold off on accepting new year 2006 levels—$1.095 billion—through along with the quartets, or simply raising Medicare patients, withdraw from the program, 2012. As a cosponsor of this legislation, I hands to the rhythm of soul-stirring crooners, or retire altogether. know the critical importance of Byrne-JAG gospel music is a cornerstone of the American In areas like mine that rely heavily on Medi- funding to law enforcement, and especially musical tradition. Gospel music is more than care and Medicaid, we probably will not be in drug task forces, throughout the United States. the sounds that resonate in congregations on a situation where doctors stop taking Medi- Many of us remain deeply disappointed that Sundays; it’s the musical thread that has care. the program’s FY 2008 appropriation was cut woven its influence throughout religious and Rather, we will see access problems cre- so drastically at the end of last year. secular musical genres including rock and roll, ated by attrition—where the gap created phy- Byrne JAG provides needed funding to drug country, and rhythm and blues. From Ray sician retirements is not filled by new crops of task forces throughout my district. For exam- Charles and Elvis Presley to Aretha Franklin doctors willing to take Medicare patients.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1347 If we reach that point, Medicare will have Critically, it would also allow some people leave teenagers without necessary attention failed in its mission to provide equality in ac- who don’t belong to a local credit union none- and care, which can lead to abuse, harm and cess to health care for our senior citizens. theless to go to that credit union for short term even death of children. It is critical to address Twice we have tried to pass legislation to loans, as an alternative to the exorbitant rates this problem now. Through various require- address the physician payment cut and these charged by payday lenders. This is progress ments and changes, The Stop Child Abuse in bills were vetoed twice by the President. in achieving the outcome policymakers must Residential Programs Act will significantly im- H.R. 6331 will delay by 18 months the pursue in the financial services sector, name- prove residential programs for children. This 10.6% physician pay-cut in Medicare reim- ly, connecting households of modest means important legislation will better the lives of bursement rates due to take effect July 1 and with the soundest financial products and insti- many young Americans by making them safer will give physicians a 1.1 % payment update tutions available to them. and healthier. for 2009. I urge my colleagues to support this bill. U.S. Government can not allow further This bill is not a long term solution to the f abuse and neglect of teenagers in private or physician payment and SGR problem, but it public residential programs. Members of Con- does give Congress time to revamp the pro- TRIBUTE TO CAPTAIN LEE gress must understand how crucial Stop Child gram. VANDEWATER Abuse in Residential Programs for Teens Act f is and must strongly support its enactment. In CREDIT UNION, BANK, AND HON. TOM LATHAM taking action to enact this proposed legislation THRIFT REGULATORY RELIEF OF IOWA today we will send a strong message that this ACT OF 2008 IN THE HOUSE OF REPRESENTATIVES abuse must stop. Wednesday, June 25, 2008 f SPEECH OF Mr. LATHAM. Madam Speaker, I rise today HONORING THE LIFE OF ROBERT HON. MAXINE WATERS to recognize CPT Lee J. Vandewater of MONDAVI OF CALIFORNIA Winterset, Iowa who was honored by the Cen- IN THE HOUSE OF REPRESENTATIVES tral Iowa Chapter of the American Red Cross SPEECH OF Tuesday, June 24, 2008 for his heroic efforts serving in the Iowa Na- HON. GEORGE RADANOVICH Ms. WATERS. Mr. Speaker, I rise in strong tional Guard overseas, earning him a Bronze OF CALIFORNIA support of H.R. 6312, The Credit Union, Bank, Star. IN THE HOUSE OF REPRESENTATIVES and Thrift Regulatory Relief Act of 2008. I am Captain Vandewater served as the 1st Pla- Tuesday, June 24, 2008 particularly pleased to speak in favor of this toon Leader, Company B, 168th Infantry of the Mr. RADANOVICH. Mr. Speaker, I rise to legislation because I have always been a Iowa National Guard. While serving overseas, strong supporter of credit unions. These insti- he commanded a nine-vehicle convoy carrying support H. Con. Res. 365, which my fellow co- tutions have been effective in pursuit of their 30 soldiers along the Afghanistan and Paki- chair of the Congressional Wine Caucus, MIKE mission to serve people of modest means and stan borders. Insurgents ambushed the bat- THOMPSON and I introduced in remembrance underserved communities, both of which char- talion and Captain Vandewater commanded of a friend and giant in the California and acterize much of my district. Regulatory im- his team to safety and returned with three international wine community, Robert Mondavi, provement in this industry is long overdue and other men to successfully rescue four strand- who passed away in May of this year. Robert may most be remembered for his I want to thank Mr. KANJORSKI and Mr. MOORE ed soldiers. For his efforts, Captain tremendous success in producing and pro- for their work on this bill. Vandewater was awarded the Bronze Star Credit union regulatory relief is especially Medal with Valor and the Combat Infantry- moting California wines to the international urgent in light of the nation’s current financial man’s Badge. The Bronze Star is the fourth community. After graduating from Stanford, crisis. We are either at the brink of a reces- highest award that the Department of Defense Robert joined his family in running the Charles sion—or already in one—largely because of gives for bravery, heroism, and meritorious Krug winery in Napa, and then went on to the crisis in the subprime mortgage market service. For his service he earned a promotion found the Robert Mondavi Winery in 1966. His tireless efforts to introduce California that has led to a wave of foreclosures unlike to Captain and was assigned as Commander, wine to the world and compete against estab- any since the Great Depression. In significant Company A 1st Battalion, 168th Infantry of the lished European wines are much of the reason part, this crisis resulted from certain financial Iowa National Guard. why winemaking in California is now an 18 bil- institutions, many of them largely unregulated, The bravery and sacrifice displayed by Cap- lion dollar industry—the largest retail wine peddling dangerous mortgage loan products to tain Vandewater goes above and beyond what market in the world. In fact, the United States borrowers who did not fully understand the we are asked of as citizens of this country. I accounts for 61 percent of wine sold in the risk they were taking on. Meanwhile, the lend- commend CPT Lee J. Vandewater’s coura- world. This would not be possible without the ers themselves whisked their own risk to the geousness and service to our great Nation. It lifetime of hard work by Robert Mondavi. four corners of the earth via securitization and is an honor to represent him in the United He was also extremely involved in charitable the secondary market. Much of the Financial States Congress, and I know my colleagues causes across the country to promote wine, Services Committee’s work in the past year join me in wishing Captain Vandewater safety food and the arts. has involved working to enact legislation that and success in his future service. Robert Mondavi was an inspiration to my prevents this from ever happening again. f own winemaking ventures as I’m sure he was Notably, credit unions did not help to create to many boutique winemakers across the this mess. Indeed, analysis of 2006 home STOP CHILD ABUSE IN RESIDEN- country. Such inspiration has led to wine being mortgage disclosure data reveals that credit TIAL PROGRAMS FOR TEENS produced in all 50 States. His innovation, spirit unions were far less likely than other lenders ACT OF 2008 and passion for winemaking will be sorely to make subprime loans to low and moderate SPEECH OF missed throughout our Nation and the world. income households, especially minorities. So credit unions were not part of the prob- HON. CHARLES B. RANGEL f lem. But they can and must be part of the so- OF NEW YORK RECOGNIZING HIGH SCHOOL VAL- lution. If there is any lesson to be learned from IN THE HOUSE OF REPRESENTATIVES EDICTORIANS OF GRADUATING this crisis, it is that low or moderate income CLASS OF 2008 households and residents of underserved Tuesday, June 24, 2008 communities don’t just need access to any Mr. RANGEL. Madam Chairman, I rise SPEECH OF credit, but rather access to sound and appro- today to express my support of the Stop Child HON. GREGORY W. MEEKS priate financial products. Credit unions stand Abuse in Residential Programs for Teens Act OF NEW YORK ready to provide such products to more people of 2008, introduced by Repesentative GEORGE IN THE HOUSE OF REPRESENTATIVES and more communities, but need Congres- MILLER. sional action to do so. Specifically, H.R. 6312 The bill H.R. 5876 provides American teen- Monday, June 23, 2008 would allow credit unions to extend their serv- agers with security and safety in residential Mr. MEEKS of New York. Madam Speaker, ices to areas with high unemployment rates programs. The passage of the bill is crucial for I rise today to recognize and honor the and below median incomes that are generally the American Education System and American achievements of America’s high school val- underserved by other depository institutions. society. Many times residential programs edictorians and the graduating class of 2008.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1348 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 With House Resolution 1229, I know that I INTRODUCTION OF THE PUGET Madam Speaker, the Federal Government capture the sentiment of all Members of the SOUND RECOVERY ACT OF 2008 must continue to play a leading role in restor- 110th Congress in promoting the importance ing the health of Puget Sound, and I believe of intellectual growth and the academic excel- HON. NORMAN D. DICKS the Puget Sound Recovery Act is fundamental lence of America’s graduating high school stu- OF WASHINGTON to this effort. dents. In my southeast Queens community, IN THE HOUSE OF REPRESENTATIVES PUGET SOUND RECOVERY ACT OF 2008 SECTION-BY-SECTION New York’s Sixth Congressional District, I per- Wednesday, June 25, 2008 Sec. 1. Short Title. sonally know that great achievements have Mr. DICKS. Madam Speaker, today I am in- Sec. 2. Findings. Congress finds that Puget taking place in the high schools servicing my troducing the Puget Sound Recovery Act of Sound is important to the Pacific North- young constituents. My district’s graduating 2008. west’s regional identity and industry. Puget seniors have achieved a major milestone in With 2,500 miles of shoreline and 2,800 Sound’s water quality is in decline, which square miles of inland marine waters, Puget threatens the region’s economy. Washington their educational and social development. With Sound is the Nation’s second largest estuary. State has taken steps to address the prob- this accomplishment, I now encourage these The Sound is a cornerstone of the Pacific lem. The Environmental Protection Agency young adults to take their next major step to- Northwest’s identity and at the heart of the re- (EPA) should create a comprehensive recov- wards becoming our Nation’s future leaders gion’s prosperity, supporting a thriving marine ery package for Puget Sound and should es- and engaged citizens by entering higher edu- tablish a ‘‘Puget Sound Office’’ in Wash- and natural resource industry. And it is truly ington State. Other federal agencies should cation institutions or by beginning their young one of America’s most spectacular bodies of be involved, including the Fish and Wildlife careers. water, home to more than 200 species of fish, Service, the Park Service, the Forest Service 25 kinds of marine mammals, 100 species of and the Natural Resources Conservation For this graduation celebration, I want to sea birds as well as clams, oysters and Service within the Department of Agri- specifically recognize the stellar accomplish- shrimp. culture, the United States Geological Sur- ments of our Nation’s high school Valedic- But beneath the water’s surface and despite vey, the Corps of Engineers, the Depart- torians. Each year, every high school recog- its breathtaking natural beauty, Puget Sound ments of Commerce, Homeland Security, De- nizes an individual student who has risen is sick. Scientists have detected low levels of fense, and Transportation. The Puget Sound recovery efforts should be included in the above his or her fellow students through their oxygen and increasing concentrations of toxic President’s annual budget. Canada should consistency of intellectual inquiry, in their dem- substances in aquatic animals that live in the join in this enhanced effort. onstration of academic discipline, and their uti- Sound. Some of its most iconic resident spe- Sec. 3. Puget Sound. This section amends lization of teacher mentoring. Through their cies—including salmon and orcas—are on the Title I of the Federal Water Pollution Con- brink of extinction. Up to 70 percent of all its trol Act (33 U.S.C. 1251 et seq.) by adding at dedication and hard work, these students have original estuaries and wetlands have dis- the end a new section (‘‘Sec. 123. Puget attained the position of top academically appeared and about 8,700 acres at the bottom Sound.’’). The Puget Sound Recovery Act ranked student within their graduating class of the Sound are dangerously contaminated. creates the following provisions within the and are honored as the ‘‘Valedictorian’’ at their The declining health of Puget Sound threat- new Sec. 123 of the Federal Water Pollution Control Act: graduation ceremony. Throughout their high ens the economic and environmental vitality of (a) Program Office. school careers, Valedictorians have served as the Pacific Northwest. Washington State’s (1) Establishes an EPA Puget Sound Pro- peer role models to fellow high school stu- Governor Chris Gregoire has taken steps at gram Office (‘‘Office’’). dents by succeeding academically and contrib- the State Government level to combat this de- (2) States that the Office is to be headed by a Director and located in the State of Wash- uting to community improvement. It is their ex- cline by setting up a Puget Sound Partnership. Now it is time for the U.S. Government to ington. ample that shines clearly to their fellow stu- (3) Provides the Office with additional staff dents and community members, dem- match these efforts, with the Environmental as needed. Protection Agency taking the lead to create, onstrating the dedication and drive that it (b) Duties of Director. with the State of Washington, a comprehen- (1) Directs the Director to assist the Puget takes to become America’s future civic, busi- sive recovery package for Puget Sound. Sound Partnership in carrying out its goals. ness, and political leaders, and maintaining Already, we have launched a cooperative (2) Specifically, the Director should: our Nation’s global leadership position through effort involving all of the local government enti- (A) Assist and support the implementation strengthening its economic competitiveness. of the Comprehensive Conservation and Man- ties, as well as the State and Federal Govern- agement Plan (‘‘Comprehensive Plan’’); During this graduation season, let us not ments, to curtail any harmful substances from (B) Coordinate the major functions of the forget that no child achieves alone, but rather being introduced into its waters, to change un- Federal government related to the imple- it takes an entire community to rear a socially wise industrial and agricultural practices and mentation of the Comprehensive Plan; (C) Conduct or commission studies and re- and educationally mature child. Along with our to continue our aggressive research into the causes of pollution in the Sound. The Fiscal search necessary for implementation of the Nation’s valedictorians and graduating class, I Year 2008 Interior Appropriations bill included Puget Sound Water Quality Management want to recognize and honor the love, support, $20 million for the EPA geographic program to Plan; and contributions of the parents, community (D) Coordinate and manage environmental ramp up the Puget Sound work, and earlier data; members, teachers, and school administrators, this month the Interior Subcommittee which I (E) Coordinate Puget Sound grant, re- who have provided these students with the re- chair passed a spending bill for fiscal year search, and planning programs; sources and guidance needed to achieve. It 2009 that includes an additional $20 million to (F) Coordinate efforts in Puget Sound and has been the selfless contributions of these in- implement the program. the Georgia Straits with Canada; The Puget Sound Recovery Act that I am (G) Coordinate efforts, including activities dividuals who have nurtured the intellectual under species recovery plans, with other Fed- growth and rewarded the academic achieve- joined by all of my colleagues from around the eral agencies with jurisdiction in the Puget ments of our Nation’s valedictorians and grad- Puget Sound area in introducing today furthers Sound watershed; these efforts by establishing an EPA Puget uating seniors. (H) Collect and make available to the pub- Sound Office in Washington State that will co- lic information relating to the environ- In closing, I make the call to all graduating ordinate action among the many Federal mental quality of Puget Sound; and seniors to further their intellectual interests agencies involved in the cleanup, including the (I) Biennially issue a report to Congress Fish and Wildlife Service, the Park Service, that— and academic studies by enrolling in univer- (i) Summarizes the progress made; sities and postsecondary educational institu- the Forest Service and the Natural Resources (ii) Summarizes any modifications to the tions and to continue their social engagement, Conservation Service within the Department of Puget Sound Water Quality Management utilizing their knowledge and skills for the bet- Agriculture, the United States Geological Sur- Plan; and vey, the Army Corps of Engineers, and the (iii) Incorporates specific recommenda- terment of their communities and the social, Departments of Commerce, Defense, Home- tions concerning the implementation of the cultural, and economic advancement of our land Security and Transportation. In addition, Puget Sound Water Quality Management great Nation. this bill authorizes grants to study the causes Plan. (3) Specifies that the studies and research of the Sound’s declining water quality and mandated under (2) (C) should include: ways to counter these threats, as well as (A) Population growth and the adequacy of grants for sewer and stormwater discharge wastewater treatment facilities and on-site projects. septic systems;

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1349 (B) The use of physical, chemical and bio- (ii) The estimated budget for the current After raising $275 million in its 5 year logical methods for nutrient removal in sew- fiscal year; fund-raising campaign, the 11,000-student age treatment plants; (iii) The proposed budget; and university has plenty of new stuff to show (C) Contaminated sediments and dredging (B) A description of the Federal role in the off. There’s a simulated trading room in the activities; Puget Sound Program and the specific role School of Business, a van that travels around (D) Nonpoint source pollutant abatement; of each agency. Washington to screen men for prostate can- (E) Wetland, riparian, and near shore pro- (2) The President should coordinate report- cer, an exhibition gallery in the architecture tection and restoration; ing, data collection, and planning activities school, computer labs and glass-walled con- (F) Flood abatement and floodplain res- with the Puget Sound Partnership. ference rooms in the health-science library, toration techniques; (f) Authorizations. and almost 300 named scholarships. (G) Impacts of forest and agricultural prac- Authorizes such sums as may be necessary The campaign broke a record for Howard, tices; for each of the fiscal years 2009 through 2013 whose trustees and officers first considered a (H) Atmospheric deposition of pollutants; to carry out the Puget Sound Program. more modest $100 million goal that the uni- (I) Water quality requirements to sustain f versity president, H. Patrick Swygert, fish, shellfish, and wildlife populations; thought was too small. The effort also broke (J) State water quality programs; RECOGNIZING THE ACHIEVEMENT a record for the amount of money raised by (K) Options for long-term financing of OF THE CAPITAL CAMPAIGN FOR an African-American institution. wastewater treatment projects and water HOWARD UNIVERSITY. Thanks in part to those gifts, the univer- pollutant control programs; sity’s endowment, which was $144 million (L) Water usage and efficiency; when Mr. Swygert came in 1995, has swelled (M) Toxic pollutants; and HON. CHARLES B. RANGEL to $510 million, an amount that put Howard (N) Such other areas as the Director con- OF NEW YORK among the 136 wealthy institutions asked to siders appropriate. IN THE HOUSE OF REPRESENTATIVES tell the U.S. Senate Finance Committee how (4) Grants the Director authority to enter Wednesday, June 25, 2008 they spend their endowments. into interagency agreements, make inter- William F.L. Moses, a senior program di- governmental personnel appointments Mr. RANGEL. Madam Speaker, I rise today rector at the Kresge Foundation, says the (IPAs), and utilize other methods to carry to express my support and pride in the out- ‘‘path-breaking, benchmark-setting’’ Howard out the Director’s duties. standing achievements of the historical $275 campaign sets new expectations for how (c) Grants to Implement Management million Capital Campaign for Howard Univer- much money historically black institutions Plan. sity. can raise. Kresge has supported programs to (1) Authorizes the EPA Administrator to strengthen fund raising at historically black award grants to eligible recipients for The president of the Howard University Pat Swygert and his Howard University Trustee colleges and universities, giving $18 million projects and studies to implement the Com- in grants over 5 years to five institutions prehensive Plan. Team achieved remarkable results by raising (Howard was not among them) and $8 million (2) Specifies that projects and studies eligi- $275 million in a 5 year fund-raising cam- to the institutional-advancement program at ble for grants include planning, research, paign. The plan broke several records, includ- the United Negro College Fund. modeling, construction, monitoring, imple- ing the most amount of money raised by an ‘‘It sets the bar, that this kind of success mentation, citizen involvement and edu- African-American institution and a record for is possible and HBCU’s can compete with cation. Howard. These results were unthinkable with- mainstream institutions,’’ Mr. Moses said. (3) Specifies that the Federal share of the ‘‘HBCU’s can compete with the best.’’ cost of the grant projects or studies should out strong support of the alumnae, trustees ALUMNI MAKE A DIFFERENCE not exceed 50 percent. and the involvement of the Congress. This (4) Defines ‘‘eligible recipient’’ for grants year Congress contributed $204.3 million to Howard’s success was especially notable as a State, interstate, Tribal, regional, or Howard University and $28.9 million to How- for how the university involved its alumni. local water pollution control agency or other Alumni giving has been a challenge for his- ard University Hospital. torically black colleges, said Elfred Anthony public or nonprofit private agency, institu- The money raised through the Capital Cam- tion, or organization. Pinkard, executive director for UNCF’s Insti- (d) Grants for Projects to Address Sewage paign greatly improved Howard University by tute for Capacity Building, which helps and Stormwater Discharges. establishing modern equipped computer labs, member colleges with fund raising, enroll- (1) Authorizes the EPA Administrator to glass walled conference rooms, exhibition gal- ment, and other management challenges. award grants to eligible recipients for leries and other necessary facilities for suc- (Howard is not a member of the UNCF.) The projects to address sewage and storm water cessful student education. Hundreds of schol- Institute for Capacity Building has given discharges. arships helped many students to complete grants to historically black colleges to hire (2) Specifies that projects eligible for consultants and buy software programs to their education reducing the burden of student help advancement efforts. grants include demonstration and research loans. Growing number of alumni donate to projects that provide treatment for, or that Alumni-affairs offices at the smaller insti- minimize, sewage or stormwater discharges. Howard, seeing the success and achieve- tutions often have just one or two employees (3) Regarding the awarding of sewage and ments of the University. President Pat Swygert and giving rates for the colleges who work storm water grants— and his campaign did the terrific work not only with the institute range from 7 percent to as (A) Grants should be awarded on a com- raising the impressive amount of money, but high as 38 percent, Mr. Pinkard said. The na- petitive basis; and also improving Howard as well as raising the tional average is 12 percent, according to the Council for Advancement and Support of (B) The EPA Administrator may give pri- reputation and the respect of the school. ority to a project located in a distressed Education’s 2007 Voluntary Support of Edu- (By Kathryn Masterson) community. cation survey. (4) Regarding the Federal share of the cost WASHINGTON.—As a dental student 35 years Ann E. Kaplan, director of the Council for of a project receiving assistance— ago, Leo E. Rouse and his Howard University Aid to Education’s survey on giving, said (A) Specifies that the Federal share of the classmates learned to fill cavities and cap historically black colleges tend to have less cost of the grant projects should not exceed teeth by crowding around one faculty mem- mature fund-raising operations that rely 75 percent; and ber and angling for a clear view of the day’s more on money from foundations and cor- (B) Specifies that, in distressed commu- demonstration. porations than from alumni. When she spoke nities, the Federal share should not exceed Today students at Howard’s College of at a UNCF conference, Ms. Kaplan said, she 100 percent. Dentistry, where Dr. Rouse is now the dean, heard from college leaders who were more fo- (5) Defines the following terms— get an unobstructed view of dental proce- cused on raising money for current oper- (A) Eligible Recipient: a State, interstate, dures from computer monitors mounted on ations than on long-term planning and faced Tribal, regional, or local water pollution 45 workstations in the school’s new simula- challenges such as poorly kept alumni control agency. tion laboratory. If they miss something, records or understaffed advancement offices. (B) Distressed Community: a community they can go back and review by watching Though tithing to churches and giving to that meets affordability criteria established DVDs in the lab or on their laptops. religious organizations are strong traditions by the community’s State. The $1.3–million lab, which was built with among many African-Americans, the 19 his- (e) Annual Budget Plan. money from the university’s recently com- torically black colleges that responded to (1) The President should include the Puget pleted capital campaign, does more than en- the council’s survey (a number Ms. Kaplan Sound Program in the annual budget of the hance the students’ experience, Dr. Rouse said was too small to be representative) had U.S. Government, and related information, says. It has helped bring in donations from an average alumni-giving rate of 6 percent, including: alumni and almost doubled the number of half the overall national average. (A) An interagency crosscut budget that applications for the school’s 85 seat class, ‘‘There’s no reason to think HBCU’s can’t displays for each Federal agency involved in from about 1,400 before the lab was built to be as successful in raising money from their Puget Sound activities— 2,710 last year. alumni, but they need to ask,’’ Ms. Kaplan (i) Amounts obligated in the preceding fis- ‘‘Word gets around,’’ Dr. Rouse said. ‘‘A said. ‘‘Asking is the No. 1 reason why people cal year; school that has new stuff is attractive. ‘‘ give.’’

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1350 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 Mr. Swygert knew Howard wouldn’t make Nationally, in 2007, alumni giving was 27.8 Due to Dr. Reimschuessel’s discovery, the its $250 million goal without significant percent of total private giving, according to United States has increased surveillance for alumni participation, but he also knew that the Voluntary Support of Education survey. melamine and related compounds in food in- the university needed to do some work be- One student who benefited directly from fore it approached them for money. A pre- the money raised was Raquel SK Thompson, gredients. In an effort to identify potential risks vious capital campaign had been started in who graduated from Howard in May with a to humans, she is continuing to test the effects the 1980s with a goal of $100 million but was degree in architecture and received a trust- of melamine in chickens, pigs, and fish. Dr. never completed. At the start of Mr. ees’ scholarship during her last two years. Reimschuessel’s research helped improve the Swygert’s presidency, annual giving by The scholarship, which was backed by money way our government preserves scientific alumni was at about 4 percent. raised during the campaign, covered half her specimens and identified the ability of nontoxic As one of only two federally chartered uni- tuition. compounds to become toxic when combined. versities, Howard receives direct appropria- The money was a great help, said Ms. tions from the federal government each year. Thompson, who is from Barbados and wanted These discoveries helped resolve an imme- Congress had noted the low alumni giving to attend a historically black college. The fi- diate crisis, and her continued efforts are help- rate, and one of the first things lawmakers nancial pressures of tuition, an unfavorable ing protect the U.S. food supply from tainted asked Mr. Swygert to do as university presi- exchange rate, the cost of materials for her imports and toxic chemical combinations. dent was to increase it. A higher giving rate architecture classes, and restrictions on Madam Speaker, I ask that you join with me would provide evidence that Howard grad- working off the campus were difficult for her today to honor Dr. Renate Reimschuessel in uates valued the education they received and and her parents, Ms. Thompson said, and her nomination for the 2008 Service to Amer- that Congress should continue to maintain without assistance she may have had to cut ica Homeland Security Medal. Her tireless in- its level of financial support for the institu- back on classes and work more on the cam- vestigation into the cause of the mass illness tion. This year Congress gave Howard Uni- pus in order to save money. versity $204.3 million and its hospital $28.9 ‘‘It helped me finish school,’’ said Ms. of pets in 2007 not only resolved a nationwide million, according to the Department of Thompson, who is now looking for a job in crisis, but initiated a series of scientific im- Education. Washington or New York. Without the provements, both in the veterinary world and During the campaign, Howard’s annual money, ‘‘I definitely think I would have been the in safety of our imported food supply. It is alumni-giving rate went as high as 20 per- there another year,’’ she said. with great pride that I congratulate Dr. cent, and it is now at 17 percent. Both Mr. Swygert and Mr. Ecton say How- The key to getting more alumni to give, Reimschuessel on her exemplary efforts to ard should tap more alumni for larger dona- help guard against ongoing threats to the Mr. Swygert said, was to re-engage them tions in its next campaign. Fifty-one alumni with Howard by showing them the univer- gave more than $1 million, and both officials safety of the U.S. food supply. sity’s key asset: its students. Howard ran ads think there is potential there to raise more. f in local and national newspapers featuring Mr. Swygert, who is retiring at the end of TRIBUTE TO FRED ZELLER students and sent postcards to alumni intro- June, believes Howard’s next campaign ducing them to Howard’s Rhodes, Marshall, should have a goal of at least $1 billion. The and Fulbright scholars, as well as distin- top institutions have campaigns that size, HON. TOM LATHAM guished alumni. and Mr. Swygert says Howard should be in OF IOWA ‘‘People give to students, they give to that group. IN THE HOUSE OF REPRESENTATIVES ideas, they give to memory,’’ Mr. Swygert ‘‘I think it’s a necessity,’’ Mr. Swygert said. ‘‘The idea of enabling a young person to said. ‘‘It’s a stretch, but $250 million was a Wednesday, June 25, 2008 go forth and do well is a very powerful no- stretch.’’ Mr. LATHAM. Madam Speaker, I rise today tion.’’ Howard hired Virgil E. Ecton, who raised f to recognize and congratulate West Marshall more than $1.6 billion for UNCF in his 31– TRIBUTE TO DR. RENATE Iowa’s girls’ basketball head coach, Fred Zel- year career there, to run the campaign. As REIMSCHUESSEL ler, for reaching the milestone of 500 career vice president for university advancement, victories during this past 2008 season. Mr. Ecton oversaw upgrades to Howard’s On January 22nd, the West Marshall Tro- Web site, alumni magazine, and advance- HON. C. A. DUTCH RUPPERSBERGER jans defeated Woodward-Granger to give ment office. Alumni records were improved, OF MARYLAND Coach Zeller his 500th career win during his and the database of Howard graduates grew IN THE HOUSE OF REPRESENTATIVES 744th consecutive game coached. The road to from 30,000 entries to more than 60,000. Wednesday, June 25, 2008 this milestone began 37 years ago in Vinton, BACKING A WINNER Iowa, where Coach Zeller began coaching jun- Early on, trustees helped create momen- Mr. RUPPERSBERGER. Madam Speaker, I tum for the campaign with several large rise before you today to honor Dr. Renate ior high and freshman girls’ basketball. He gifts. Frank Savage, an alumnus, chairman Reimschuessel, recently nominated for the then moved on to coach LaPorte City for 14 emeritus of the board, and chief executive of 2008 Service to America Homeland Security years, Southeast Polk for two years, and in Savage Holdings LLC, an international fi- Medal. By honoring excellence in the Federal 1990 became head coach at West Marshall nancial-services company, announced he was workforce, the Service to America Medal where he remains today. giving $5 million to the campaign. Richard sends a compelling message to the American Coach Zeller led four teams to the girls’ D. Parsons, a trustee who led the campaign state basketball tournament; LaPorte City in and is chairman of Time Warner, gave more people about the importance of a strong civil service and inspires a new generation of 1986 and West Marshall in 1998, 1999 and than $1 million. James E. Silcott, a Los An- 2000. He was inducted into the Iowa Girls geles architect, alumnus, and trustee, gave Americans to public service. $3 million. Mr. Swygert, an alumnus, do- The Homeland Security Medal recognizes a Coaches Association Hall of Fame in 2003. nated more than $2 million. federal employee for a significant contribution He also served as the West Marshall baseball ‘‘That sent a clear signal to trustees, the to the nation in activities related to homeland coach until a couple of years ago. giving community, and the community [at I know that my colleagues in the United security. Dr. Reimschuessel has been nomi- large] that we were serious about this cam- States Congress join me in congratulating nated for her scientific breakthrough that iden- paign,’’ Mr. Ecton said. Coach Fred Zeller on his coaching success tified the cause of the largest pet food recall Mr. Ecton, Mr. Swygert, and trustees went and this milestone achievement. It is an honor on the road, appearing at a series of alumni in history and is currently conducting critical to represent Coach Zeller in Congress, and I events around the country. At the events, research to guarantee the safety of imported wish him the best as he continues to provide which drew up to 1,000 people in New York, foods. Philadelphia, Chicago, Miami, Houston, and In 2007, the FDA issued the largest pet food a positive impact as a role model and educa- other cities, alumni would get up and pledge recall in history due to the significant number tor. their support to the university, and the f events began to take on a competitive spirit, of pet fatalities. As a research biologist for the Mr. Ecton said. One alumnus in Philadelphia Food and Drug Administration’s Center for JELLYSTONE PARK 30TH pledged $1 million, the Miami event raised $8 Veterinary Medicine in Maryland, Dr. ANNIVERSARY– million, and the New York event, held at the Reimschuessel was asked by the FDA to help new headquarters of Time Warner, resulted investigate the cause of the hundreds of pet HON. PETER J. VISCLOSKY in between $25 million and $30 million in deaths and illnesses. Just weeks after she OF INDIANA pledges, he said. began her investigation, Dr. Reimschuessel ‘‘People like to be associated with a win- IN THE HOUSE OF REPRESENTATIVES discovered exactly why so many animals were ner,’’ Mr. Ecton said. ‘‘It was clear we were Wednesday, June 25, 2008 winning.’’ getting sick, a discovery that is improving the At the end of the campaign, 33 percent of safety of imported foods for both animals and Mr. VISCLOSKY. Madam Speaker, it is with the money raised was from Howard alumni. humans. great honor and pleasure that I stand before

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1351 you today to recognize the 30th Anniversary of in Grand Rapids, Michigan who lost a dear Committee. He is the immediate president of Yogi Bear’s Jellystone Park Camp-Resort in loved one. the California Agricultural Commissioners and Portage, Indiana. To commemorate this spe- Thirty-eight-year-old Eric Keith Walton, slain Sealers Association and was the first Agricul- cial occasion, Yogi Bear’s Jellystone Park will in his home Monday, couldn’t have put up tural Commissioner to serve two terms as be holding an anniversary celebration on Sat- much of a fight because he had been receiv- President. urday, July 5, 2008, at Jellystone Park in Por- ing dialysis treatments for kidney failure and Jerry Prieto recently was quoted as saying, tage, Indiana. was weakened, his family said. ‘‘All I ever wanted to do was to be a farmer.’’ Jellystone Park was established in 1978 in Eric was apparently the victim of a home in- Part of what Jerry will now be able to focus on order to provide camping and entertainment to vasion. According to newspaper reports, Wal- more is the acreage he owns. He plans to vacationing families from across America. The ton was shot twice, in the stomach and chest. spend time with wife Cindy, his two children Portage, Indiana, Jellystone Park is one of I was terribly impacted as I read this state- and two grandchildren. He also hopes to catch over 70 parks in the Yogi Bear’s Jellystone ment from a family member: ‘‘They really hurt up on a little fishing. Though only days away Park Camp-Resort Franchise System. The us on this one. Everybody comes up and from retirement, Jerry is still found diligently Jellystone Park Board of Directors are: Presi- says, ‘We love him to death.’ He raised kids carrying out his responsibilities. His prompt dent Rochelle Carmichael, Vice President Don that weren’t even his. I can’t believe this.’’ and earnest action concerning the drought Butler, Secretary Connie Williams, Treasurer Americans of conscience must come to- now facing California, mobilized Fresno Coun- George Hill, Park Director Carolyn Julovich, gether to stop the senseless death of ‘‘The ty resources to quickly produce valuable data and members: Marlene Jacobs, Tina Green, Daily 45.’’ When will Americans say ‘‘enough necessary for the Governor’s office to declare and Charles Taylor. is enough, stop the killing!’’ an official drought emergency. I know that Every year, thousands of families vacation f Jerry will continue to energetically advocate at the Portage Jellystone Park to share time IN HONOR OF JERRY PRIETO, RE- for Fresno County’s Agriculture needs, not together and enjoy its amenities. The Park of- only up to, but well beyond his retirement fers a fulltime recreation program, a private TIRING FRESNO COUNTY AGRI- CULTURAL COMMISSIONER date. It is only fitting that I recognize Jerry lake, beaches, fishing, rentals, arcade room, Prieto today before this Chamber and the and several pools. country for unflinching service to his commu- In addition to the weekly activities, the 30th HON. JIM COSTA nity, State and Nation. Anniversary will feature a special commemora- OF CALIFORNIA tive ceremony, followed by live music at the IN THE HOUSE OF REPRESENTATIVES f Yogi Bear Stage and a fireworks display over Wednesday, June 25, 2008 the lake at dusk. Mr. COSTA. Madam Speaker, I rise today to RECOGNIZING THE CONTRIBU- Madam Speaker, at this time, I ask that you TIONS OF GRIFOLS USA TO LOS and my other distinguished colleagues join me pay special tribute to a man who has been a tireless voice for agriculture in my home dis- ANGELES AND THE UNITED in honoring and congratulating Yogi Bear’s STATES. Jellystone Camp-Resort on their 30th Anniver- trict of Fresno County, California. On June 29, sary. Their many great accomplishments and 2008, Jerry Prieto will be retiring as the Fres- hard work throughout the years are worthy of no County Agricultural Commissioner after HON. HILDA L. SOLIS commendation. over 35 years of dedicated service to Fresno County. OF CALIFORNIA f Agriculture continues to be California’s num- IN THE HOUSE OF REPRESENTATIVES A PROCLAMATION HONORING BEL- ber one industry with Fresno County ranking MONT, OHIO FOR THE CELEBRA- as the number one agricultural producing Wednesday, June 25, 2008 TION OF THEIR BICENTENNIAL county in California and the nation. The fertile soils of Fresno County support over 300 dif- Ms. SOLIS. Madam Speaker, I rise today to HON. ZACHARY T. SPACE ferent crops, valued at near $5 billion annually recognize the contributions of Grifols USA to to the economy of California. Many things con- my community and other communities across OF OHIO tribute to California’s bountiful crops, but one the country. IN THE HOUSE OF REPRESENTATIVES significant underlying factor in Fresno County’s This Friday will mark 5 years since Grifols Wednesday, June 25, 2008 agricultural success has been the presence of USA began operating its facility in East Los Mr. SPACE. Madam Speaker: Jerry Prieto as its lead advocate. Angeles. That is 5 years of over 600 jobs for Whereas, Belmont, Ohio was founded in Jerry has never been a stranger to agri- residents of East Los Angeles and the sur- August of 1808 by Joseph Wright; and culture. The son of a migrant farm worker, rounding area. Furthermore, Grifols’ steady Whereas, the residents of Belmont, Ohio Jerry was raised on a small family farm near growth and expansion will continue to present are active, dedicated members of their Ohio Corcoran, California. Jerry attended California additional opportunities to my constituents for community; and State University, Fresno, where he earned a years to come, and well into the future. Whereas, all citizens of Belmont, both past Bachelor of Science degree in Plant Science. Grifols’ prosperity has positively impacted and present, will be honored with a multiple In 1974, Jerry began working for the Fresno many communities, not just my district. Cur- day bicentennial celebration that will include a County Department of Agriculture advancing rently, Grifols operates 78 plasma donor facili- pig roast, barn dance, antique car show, and to the position of Deputy Agricultural Commis- ties, in 27 States across the country, which old-fashioned games for children; now, there- sioner in 1980. In 1999, he was appointed to provide skilled and entry-level employment op- fore, be it the position of Agricultural Commissioner/Seal- portunities to over 3,000 Americans. Resolved that along with the residents of er of Weights and Measures. In this position, Perhaps more praiseworthy than Grifols’ the 18th Congressional District, I commend Jerry has been responsible for promoting and economic contributions though, is the com- and thank Belmont, Ohio and its residents for regulating the Nation’s number one agricultural pany’s mission. I would like to honor Grifols their contributions to our community and coun- producing county, and protecting the county’s for its commitment to producing unique, life- try. environment and the public’s health, safety, saving medicines to treat small, chronically ill f and welfare. Among Jerry’s varied accomplishments is patient populations. The company’s unwaver- THE DAILY 45: ERIC KEITH serving on then Governor Davis’ State Com- ing dedication to the development of safer, WALTON mittee on Terrorism. Jerry has also been ac- more effective plasma therapies, and pro- tive on many boards and for 4 years served gressing methods, has been a benefit to HON. BOBBY L. RUSH as chairman of the Fresno County Department countless patients around the world who suffer from a number of disorders. OF ILLINOIS Heads Council. Mr. Prieto is a member of the IN THE HOUSE OF REPRESENTATIVES Fresno County Farm Bureau, the Fresno Madam Speaker, I ask my colleagues to join County Council of Governments Farmland me in recognizing Grifols for the company’s Wednesday, June 25, 2008 Conservation Steering Committee, chairman of positive presence in many of our Nation’s Mr. RUSH. Madam Speaker, every day, 45 the Fresno County Council of Governments communities and tireless commitment to im- people, on average, are fatally shot in the Farmland Preservation Advisory Committee, prove the lives of patients with chronic ill- United States. My heart goes out to the family and the Fresno County Land Conservation nesses.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1352 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 PERSONAL EXPLANATION provisions will improve choice and access to and one of the first women to be elected to health care providers by changing the network and serve in Congress. Norton served in the HON. LYNN C. WOOLSEY requirements for the Medicare Advantage Pri- House until 1951, for a total of 13 terms. Dur- OF CALIFORNIA vate Fee for Service Plan. Further the bill will ing her time in Congress, Norton became the IN THE HOUSE OF REPRESENTATIVES reduce cost-sharing for mental health services first woman to chair a major committee. In and increase coverage for preventive services. fact, she was head of three committees during Wednesday, June 25, 2008 These policy improvements will translate her time in the House: Veterans’ Affairs, Dis- Ms. WOOLSEY. Madam Speaker, on June into significant relief for the national medical trict of Columbia, and Labor. 24, 2008, I was unavoidably detained and was community, including the 21 hospitals in the Il- One of the Congresswoman’s most accom- not able to record my vote for rollcall No. 442. linois Seventh Congressional District; a district plished moments came while she was chair of Had I been present I would have voted: rollcall which also has some of the most medically- the Labor Committee in 1938 when the House No. 442—‘‘no’’—On Motion to Adjourn. underserved constituents of any in this nation. passed the Fair Labor Standards Act. Despite f Many of these individuals are Medicare bene- much opposition to what was at the time a ficiaries that seek hundreds of Chicago doc- controversial bill and despite the first version FISA AMENDMENTS ACT OF 2008 tors to provide Medicare services. Therefore, it of the legislation being rejected, the House is in the best interest of my constituents as passed the final version of the legislation by a SPEECH OF well as Medicare providers, suppliers, and re- vote of 314 to 97. The Fair Labor Standards HON. CAROLYN B. MALONEY cipients across this nation that Congress en- Act was later signed into law by President OF NEW YORK acts H.R. 6331, The Medicare Improvement Roosevelt on June 25, 1938. IN THE HOUSE OF REPRESENTATIVES for Patients and Providers Act. As a testament The Fair Labor Standards Act plays a sig- to the importance of this issue to Chicago, I nificant role in our labor history and our history Friday, June 20, 2008 received over 50 calls within the last few days as a Nation. It is the formative legislation for Mrs. MALONEY of New York. Madam urging me to support this bill. I stand with the labor rights that we today take for grant- Speaker, I risk today in opposition to H.R. these constituents and Chicago more broadly ed—minimum wage, overtime pay, and child 6304, The FISA Amendments Act of 2008. As to support this bill. labor laws—and greatly improved the quality a representative from New York City, I know I would like to thank Chairman RANGEL for of life for so many workers in our country. how important good intelligence is in ensuring spearheading this legislation. I have fought Congresswoman Norton was a champion for that our Nation does not face another terrorist and will continue to advocate vigorously in the American worker and played in integral attack. However, we must ensure that we do Congress alongside my colleagues for the im- role in passing this critical legislation that not trample on civil liberties in the process. provement of Medicare resources in support of would shape our Nation for years to come. This administration has expanded the powers Medicare providers, suppliers, and bene- I urge my colleagues to stand with me to of the government to monitor the actions of ficiaries. celebrate and honor the life and work of Con- American citizens with, unfortunately, too little f gresswoman Mary T. Norton on the 70th anni- oversight from Congress or the courts. versary of the Fair Labor Standards Act. While I appreciate the efforts to reach a HONORING CONGRESSWOMAN f compromise on this legislation, H.R. 6304 MARY T. NORTON ON THE 70TH does not go far enough to protect the rights of ANNIVERSARY OF THE FAIR PERSONAL EXPLANATION the American people. The legislation allows for LABOR STANDARDS ACT retroactive immunity for telecommunication HON. TIMOTHY J. WALZ companies that participated in the Bush ad- HON. ROSA L. DeLAURO OF MINNESOTA ministration’s warrantless wiretapping pro- OF CONNECTICUT IN THE HOUSE OF REPRESENTATIVES gram. I also am concerned that most Mem- IN THE HOUSE OF REPRESENTATIVES Wednesday, June 25, 2008 bers of Congress will not have access to im- Wednesday, June 25, 2008 Mr. WALZ of Minnesota. Madam Speaker, portant reports issued by the Attorney General on rollcall No. 439, H. Con. Res. 372, Sup- and the Director of National Intelligence. Ms. DELAURO. Madam Speaker, it is with porting the goals and ideals of Black Music We should stand up for the Constitution and great pleasure that I rise today to honor Con- Month and to honor the contributions to our for the rights of our constituents by ensuring gresswoman Mary T. Norton of New Jersey on Nation made by African American singers and that their privacy is better protected. the 70th anniversary of the Fair Labor Stand- musicians, I was unavoidably detained. Had I f ards Act. Congresswoman Norton was instru- mental in passing the Fair Labor Standards been present, I would have voted ‘‘yea.’’ MEDICARE IMPROVEMENTS FOR Act in 1938, legislation which has greatly im- f PATIENTS AND PROVIDERS ACT pacted our labor history and our history as a INTRODUCTION OF EARNED IN- OF 2008 Nation. COME TAX CREDIT INFORMATION Growing up, I attended an all-girls Catholic ACT OF 2008 SPEECH OF school called Lauralton Hall in Connecticut. HON. DANNY K. DAVIS Last year, I spoke with Lauralton’s current president Barbara Griffin and discussed her HON. RAHM EMANUEL OF ILLINOIS OF ILLINOIS research for a master’s dissertation she wrote IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 25 years ago about Mary Norton—the first Tuesday, June 24, 2008 Democratic woman to serve in Congress and Wednesday, June 25, 2008 Mr. DAVIS of Illinois. Mr. Speaker, I wish to the first woman to chair a major committee in Mr. EMANUEL. Madam Speaker, today I am take a moment to express my enthusiastic the House. A few weeks later, the dissertation introducing the Earned Income Tax Credit In- support for H.R. 6331, the Medicare Improve- showed up in my mailbox and I sat down with formation Act of 2008, legislation that will ments for Patients and Providers Act, which it over the holidays. After reading Barbara’s make it easier for millions of Americans to re- amends titles XVII and XIX of the Social Secu- dissertation, I was thoroughly impressed by ceive the Earned Income Tax Credit, (EITC). rity Act and extends expiring provisions under Mary Norton. Her work laid the foundation that Every year I host tax clinics in my district in the Medicare program. H.R. 6331 not only we are building on here today. And she did it order to help my constituents get a fair deal prevents the 10.6 percent pay cut to physi- all with a skillful blend of strength and com- when they file their taxes. Hundreds of my cians scheduled to take effect July 1 while passion. constituents come to these clinics and with the maintaining current payment levels for the rest Mary T. Norton led an extraordinary life. help of volunteers receive thousands of dollars of 2008, but it replaces the additional 5.4 per- She began her social activism in Jersey City in tax refunds. cent cut scheduled on January 1, 2009 with a and quickly became the first woman member But millions of Americans and thousands in 1.1 percent increase in Medicare physician of the New Jersey Democratic State Com- my district still don’t get the tax credits they payments. By preventing these cuts, suppliers mittee. She was elected to the House of Rep- deserve, like the EITC. The EITC is the single will be able to anticipate the costs that they resentatives for the 12th Congressional District most important tool we have to encourage will incur and will be less likely to withdraw of New Jersey in 1924, where she was the work and reduce poverty in our country. from the program. H.R. 6331 also has a very only woman in the House at that time who Nationally, over 22 million working Ameri- positive outcome for beneficiaries as well. The was not filling her husband’s unexpired term cans benefit from this program and receive

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1353 $43 billion in Federal assistance. That’s an av- INTRODUCTION OF THE VETERANS ligation to provide appropriate and effective erage amount of over $1900 per taxpayer. At REVENUE ENHANCEMENT ACT mental health treatment and supports to young $4 a gallon, an average EITC check can now OF 2008, H.R. 6366 adults so that they can transition to healthy pay for 32 trips to the gas station to fill your and successful adults. tank. HON. STEVE BUYER Young adults suffering from mental illness In my district, over 38,000 taxpayers re- OF INDIANA fall through the cracks far too often. Senator ceived $64 million through the EITC. But be- IN THE HOUSE OF REPRESENTATIVES SMITH and I requested that the Government Accountability Office, GAO, examine this cause one-quarter of those eligible to receive Wednesday, June 25, 2008 issue. The GAO recently issued their report EITC don’t claim it, there are also nearly Mr. BUYER. Madam Speaker, I am intro- and the findings should disturb us all. At least 13,000 of my constituents who should receive ducing the Veterans Revenue Enhancement 2.4 million young adults age 18–26 suffer from EITC but don’t and they’re losing out on $25 Act of 2008, which would direct the Secretary serious mental illness. Another 9.3 million million in benefits. of Veterans Affairs to establish today not more have mild or moderate mental illness. Cur- Nationally, there are 7 million Americans than seven consolidated patient accounting rently, there is no specific federal program who are eligible to receive this benefit but centers. aimed at these youth. Instead, we are left with don’t. This amounts to a loss of $14 billion to The concept of the Consolidated Patient Ac- a fragmented and ad hoc system that does eligible working Americans. counting Center, also known as CPAC, was not meet their unique needs. Not surprisingly, included as a demonstration project in the many of these youth are adrift without serv- American families are struggling to get by. Conference Report, House Report 109–95 and ices, support, or guidance. They have lower The cost of gas, food, education, and health Conference Report 109–305, in 2005 accom- education and employment rates than their care are skyrocketing. How can we stand by panying H.R. 2528, requiring the Department peers and they are more likely to end up in jail and let the American people leave $14 billion of Veterans Affairs, VA, to initiate a revenue or homeless. For youth who are aging out of on the table? improvement demonstration project within 60 foster care with no family supports the situa- A Republican Governor working with a days after enactment of the bill, Public Law tion is particularly dire. One recent study found Democratic legislature has given us a model 109–114. The VA followed the recommenda- that these youth suffer from post traumatic for addressing this problem. Last year, Gov- tions in the report, and created the Mid-Atlan- stress disorder at rates similar to Iraq War vet- ernor Arnold Schwarzenegger signed into law tic Consolidated Patient Accounting Center erans. Assembly Bill 650, the Earned Income Tax demonstration project located in Asheville, The GAO has clearly laid out the problem. North Carolina. Credit Information Act. The bill was simple and But it is not enough to simply describe the cur- A recent GAO report reiterates previous straightforward. The law requires that Cali- rent situation and become angry. Our outrage findings that third party billing and collection fornia employers notify employees of their po- must lead to action. This legislation aims to processes at the Department continue to be change the tragic and unnecessary status quo tential eligibility for the EITC when they send ineffective and limit the revenue received by employees their W–2 forms. and bring real support to millions of young VA from third party insurance companies. people. Employers are uniquely positioned to help Hundreds of millions of dollars continue to go Some States are making strides to connect because they are already providing their em- uncollected, dollars that could be used to fur- young adults with mental illness to systems ther improve the quality and quantity of vet- ployees with their W–2 forms that tell them that can assist them. The GAO documented 4 erans’ health care. their earnings for this year. This law simply states—Maryland, Connecticut, Massachu- With the establishment by VA of the Mid-At- piggy-backs on that requirement to help em- setts, and Mississippi—that are doing good lantic Consolidated Patient Accounting Center ployees understand that they may be eligible work in this area. My home State of California in Asheville, North Carolina, the collection of to receive the EITC. is using dedicated mental health funding to third party revenues has improved significantly specifically target adolescents and young Our legislation takes the California law and at the medical centers in VISN 6. By imple- adults with mental illness. I am pleased that expands it to the rest of the country. Under menting best practices, a standardized rev- states are undertaking this important work, but our bill, employees throughout the country enue cycle for business processes and train- the Federal Government should and must play who earn enough to be eligible for the EITC ing of personnel, the majority of the GAO re- a role. There needs to be improved coordina- will receive a notice from their employer with port recommendations on maximizing third tion among the many Federal agencies that their W–2 form telling them about the program party revenue collections have been met. provide services to these youth. Most critically, and how to learn more about it. Small busi- The demonstration project has proven to be there needs to be Federal support and assist- nesses will not be affected by the bill and the very successful in enhancing the revenue of ance to states committed to doing the right proposal won’t cost American taxpayers one the department by more than $12.5 million in thing and creating innovative approaches to single dime. It’s a common sense way to en- increased collections in FY 2007 and $6.5 mil- serve these youth. The Healthy Transition Act lion so far in FY 2008 to an overall $19 million sure families who need it most get the benefits will to do just that. they deserve. total. Building on this success, my legislation would permit the VA to continue this success- This bill builds on the successful Partnership I am hopeful that this legislation will be un- ful venture at the Mid-Atlantic project in Ashe- for Youth in Transition Demonstration Pro- necessary. Today, Sen. SCHUMER and I will ville, North Carolina, and direct the Secretary gram. It will provide grant funding to states to send a letter asking the Administration to ac- to establish an additional six centers through- develop statewide coordination plans to assist complish this goal by executive order. Sec- out the country in the next five years. adolescents and young adults with serious retary Paulson is a supporter of EITC and I’m I urge my colleagues to support the Vet- mental health disorders to acquire the skills hopeful that he will build on his role during the erans Revenue Enhancement Act of 2008. and resources they need to make a healthy transition into adulthood. The state must spe- economic stimulus debate and embrace this f common-sense, fiscally responsible approach cifically plan for youth who are in the juvenile to providing hardworking Americans with addi- INTRODUCING THE HEALTHY justice system, the child welfare system, and tional fiscal relief. TRANSITION ACT OF 2008 those who have an education plan under the Individuals with Disabilities Education Act. The Finally, Wal-Mart, the Nation’s largest em- HON. FORTNEY PETE STARK bill will also provide grant funding for states to ployer, and the SEIU, one of the Nation’s successfully implement their plans and create leading labor unions, are supporting the bill. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES sustainability and comprehensive systems of They understand the importance of the EITC care. Finally, the legislation will create a Com- to their workers and members. In addition, the Wednesday, June 25, 2008 mittee of Federal Partners. The Committee will bill is supported by the Center on Budget and Mr. STARK. Madam Speaker, I rise to intro- include representatives from all agencies that Policy Priorities, Citizens for Tax Justice, the duce legislation aimed at addressing the serve young adults as well as representatives Leadership Conference on Civil Rights, Cor- unique needs of young people with serious from consumer and family advocacy organiza- porate Voices for Working Families, the Col- mental illness as they transition from adoles- tions. The Federal Partners will evaluate the lege and University Professional Association cence into adulthood. Senator GORDON SMITH programs, provide technical assistance, and of Human Resources, TJ Maxx, Kindred and Senator CHRIS DODD are introducing iden- report to Congress on the progress being Healthcare, and Cintas. tical legislation in the Senate. We have an ob- made.

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1354 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 As a Nation, our children are our greatest Medicare reimbursement payments. However, cut, I would vote for it. However, H.R. 6331 and most precious resource. We should meas- the burden of the solution should not be further endangers Medicare’s fiscal situation ure ourselves by how well we equip them to placed on the shoulders of America’s seniors, by giving almost $20 billion in new funds to succeed and lead healthy and fulfilling lives. gambling with access to the health coverage CMS, and giving CMS new regulatory author- For young people with mental health dis- on which they rely. ity. orders, we have an obligation to provide the f Instead of simply pretending we can delay supports and resources they need to make a the day of reckoning by giving CMS more healthy transition. This bill is a crucial step to- A PROCLAMATION HONORING money and power, we should be looking for ward fulfilling that obligation. 190TH ANNIVERSARY OF THE ways to shore up Medicare by making cuts in f SCROGGSFIELD UNITED PRES- other, lower priority programs, using those BYTERIAN CHURCH savings to ensure the short-term fiscal stability MEDICARE IMPROVEMENTS FOR of Federal entitlement programs while PATIENTS AND PROVIDERS ACT HON. ZACHARY T. SPACE transitioning to a more stable means of pro- OF 2008 OF OHIO viding health care for senior citizens. I have SPEECH OF IN THE HOUSE OF REPRESENTATIVES been outspoken on the areas I believe should Wednesday, June 25, 2008 be subject to deep cuts in order to finance se- HON. MICHELE BACHMANN rious entitlement reform that protects those re- OF MINNESOTA Mr. SPACE. Madam Speaker: lying on these programs. I will not go into de- IN THE HOUSE OF REPRESENTATIVES Whereas, the dedicated people of tail on these cuts, although I will observe that Tuesday, June 24, 2008 Scroggsfield United Presbyterian Church cele- today the House Committee on Financial Mrs. BACHMANN. Mr. Speaker, I must re- brate their 190th anniversary; and Services is planning to authorize billions of luctantly rise in opposition to H.R. 6331, the Whereas, Scroggsfield United Presbyterian new foreign aid spending, perhaps some of Medicare Improvements for Patients and Pro- Church was founded in 1818 under the leader- those billions might be better spent reforming viders Act. While I applaud the House for tak- ship of Rev. Elijah Newton Scroggs; and the Medicare system. ing under consideration a bill to address the Whereas, Scroggsfield United Presbyterian Congress should also reform the Medicare impending cut to Medicare physician reim- Church still opens its doors for weekly serv- system by providing Medicare patients more bursement payments, H.R. 6331 contains pro- ices today; now, therefore, be it control over their health care than is available visions that would rob America’s seniors of Resolved that along with the residents of under either traditional Medicare or the Medi- crucial health care access in the form of fund- the 18th Congressional District, I commend care Advantage program. ing cuts to Medicare Advantage. the congregation of Scroggsfield United Pres- Mr. Speaker, H.R. 6331 may provide some Indeed, H.R. 6331 contains a provision that byterian Church for their unwavering commit- short-term benefit to Medicare providers, how- would reverse the scheduled 10.6 percent ment, dedication and contributions to their ever, it does so by further jeopardizing the payment cut set to take effect on July 1, 2008, community. long-term fiscal soundness of the Medicare a provision I have supported in the past. That f program. Thus, passage of this bill will ulti- mately damage the very Medicare providers being said, the bill also contains deep cuts to MEDICARE IMPROVEMENTS FOR and patients the bill aims to help. Medicare Advantage plans, which millions of PATIENTS AND PROVIDERS ACT seniors depend on to serve their broad health OF 2008 f care needs. These cuts, totaling nearly $50 A TRIBUTE TO JAMES ARTHUR billion, would place the burden of leadership’s SPEECH OF failed Medicare reform policies directly on the JOHNSON backs of America’s seniors. HON. RON PAUL To be sure, Medicare Advantage is popular OF TEXAS HON. ROBERT A. BRADY choice for seniors across the Nation. With IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA nearly 10 million Medicare beneficiaries cur- Tuesday, June 24, 2008 IN THE HOUSE OF REPRESENTATIVES rently enrolled in Medicare Advantage plans, Wednesday, June 25, 2008 up nearly 60 percent since 2004, it is clear Mr. PAUL. Mr. Speaker, Congress is once that America’s seniors are seeing the benefits again forsaking an opportunity to begin ad- Mr. BRADY of Pennsylvania. Madam of the competition-driven plans. These plans dressing Medicare’s long-term fiscal problems. Speaker, I rise to honor a man who exempli- offer greater choice, lower out-of-pocket costs, Instead, the legislation before us today, while fied the ideal husband, father, and human and expanded service to America’s seniors not without its merits, exacerbates the prob- being to all whose lives he touched. James who seek value and quality in their health care lems facing Medicare by giving new authority Arthur Johnson was born and raised in Phila- coverage. to the Center for Medicare and Medicaid Serv- delphia, where he lived his entire life. He grad- Specifically, H.R. 6331 would target those ices (CMS), even though CMS’s excessive uated from Bok Vocational High School and beneficiaries who have chosen Private Fee- power is a major reason why so many physi- went on to the Marine Corps, where he honor- for-Service, PFFS, plans through Medicare cians and patients are dissatisfied with the ably served our country. Advantage by requiring PFFS plans to estab- current Medicare system. After serving in the Marine Corps, Officer lish costly provider networks if they wish to One clear indicator of the lack of serious- Johnson continued his life’s work in public continue to operate in areas that already have ness with which this issue is being treated is service with the United States Post Office, fol- two or more networked plans. This require- the fact that this bill is coming before us on lowed by an appointment to the All Philadel- ment would apply to 96 percent of all counties suspension, a procedure generally used for phia Police Department in September 1957. in the United States, and, according to the noncontroversial legislation, such as bills nam- As a police officer, his detail included the nonpartisan Congressional Budget Office, ing Post Offices. This significant Medicare leg- Highway Patrol, 19th Police District, and Nar- CBO, disrupt PFFS plans for more than 2 mil- islation will receive only 40 minutes of debate, cotics Unit. During his career in the Philadel- lion seniors by 2013. In my State of Min- and members will have no opportunity to offer phia Police Department, Officer Johnson nesota, each of the nearly 73,000 individual amendments. earned the respect of all who knew him. His Medicare Advantage PFFS plans would be in I certainly recognize the need to make ad- strong moral fiber, wise counsel, fatherly ways jeopardy. justments in physicians’ payments. Many phy- made him a pleasure to encounter. Furthermore, it is unfortunate that rather sicians are already losing money treating In 1971, Officer Johnson suffered an injury than considering a bill that will remedy the Medicare patients, thanks to CMS’s low reim- in the line of duty. Yet, he continued to serve problem at hand, Democrat leadership chose bursements and the cost of having to comply our city from within the Mayor’s Office of Infor- to bring a bill to the floor that has been given with CMS’s numerous rules and regulations. mation and Complaints. With 23 years of serv- a veto threat from the President. Both pro- Unless Congress acts, many physicians will ice on the Police Force under his belt, Officer viders and patients deserve a bill that can be simply refuse to see Medicare patients. I think Johnson retired in 1980. He then went on to seriously considered for signature into law. we all agree that driving physicians out of the become the housing site manager for the This is not a topic on which we should play Medicare program is not the proper way to re- Philadelphia Housing Authority until he retired political games. form the system. in 1990. Even though Officer Johnson entered Mr. Speaker, America’s physicians need Therefore, if H.R. 6331 only contained the his second round of retirement, he never gave Congress to prevent a devastating cut to their provisions dealing with the physicians’ rate up his cherished role as a public servant. He

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1355 was a well-known member of the Cobbs REMEMBERING THE KOREAN WAR negotiators deserve a great deal of credit for Creek community, where he was a baseball AND THE U.S.-KOREA FREE their delicate handling of this situation. It is my coach for the Cobbs Creek Cubs, as well as TRADE AGREEMENT understanding that American beef exports to a mentor, Scout leader and surrogate father to Korea will recommence within the next few many of the community’s youth. HON. VITO FOSSELLA days. While the beef import issue seemed to be Madam Speaker, Officer Johnson’s light OF NEW YORK IN THE HOUSE OF REPRESENTATIVES an obstacle to approval of the Free Trade was extinguished on June 13th, but the light Agreement, the overall advantages to both our he has shared with others bums ever so Wednesday, June 25, 2008 countries that will ensue from the agreement brightly. His loving family, friends, and commu- Mr. FOSSELLA. Madam Speaker. Today have prevailed. And this is a good thing, a nity will miss him very much. I ask my col- marked the 58th anniversary of the outbreak healthy thing for American workers and Amer- leagues to join me in expressing the condo- of the Korean War. Five years after the Sec- ican consumers, and for Koreans, too. lences of the House to his family. I hope that ond World War ended in the Pacific, a new With growing uncertainty about the health of they find comfort in the knowledge that his conflict erupted, the first major engagement of our economy, it is critically important that we time on Earth was well spent and that he left the forces of communism and the forces of make every effort to spur U.S. economic the world a better place than the one he freedom in the Cold War period. growth and create new American jobs through By the time the armistice was signed almost found. securing access to markets in which U.S. 3 years later, millions of Koreans had been farmers and businesses can compete and killed, wounded or displaced from their homes, succeed. The proposed U.S.-Korea Free f whole towns and villages had been destroyed, Trade Agreement stands to further increase HONORING THE LIFE OF GENE and the entire peninsula was plunged into U.S. exports to Korea and will generate new OCHSENREITER poverty. More than 36,000 American soldiers, jobs for Americans. sailors, Marines, and airmen who served in Madam Speaker, it has been nearly six dec- the Korean War lost their lives. ades since the outbreak of the Korean War HON. HEATH SHULER It has been my privilege to represent hun- and we must ‘‘never forget’’ the sacrifices of dreds of Korean War veterans who live in my our Korean War veterans. As we commemo- OF NORTH CAROLINA district in Brooklyn and Staten Island. I have rate this somber occasion, let us look forward IN THE HOUSE OF REPRESENTATIVES come to know personally many of these brave to the opportunities the future will bring as the and heroic constituents. U.S.-Korean friendship and economic partner- Wednesday, June 25, 2008 Although many of these Korean War vet- ship is broadened, deepened, and strength- erans are reaching old age, they live vibrant ened. The U.S.-Korea relationship deserves to Mr. SHULER. Madam Speaker, I rise today lives, contributing to our community in count- be celebrated, and I ask my colleagues to join to honor the life of Gene Ochsenreiter, a less ways. The sacrifices they made across an in offering their own expressions of support. friend, athlete, and community leader. Mr. ocean helped form their characters, which f Ochsenreiter passed away in February of this guided them through college and careers, as year, and was honored at the 50th anniversary they raised their families and built their busi- SUNSET MEMORIAL of the Western North Carolina Sports Hall of nesses, indeed, as many of them became po- Fame Banquet recently. litical and community leaders themselves. HON. TRENT FRANKS In the years since the Korean War came to Western North Carolina lost a sports giant in OF ARIZONA a close, South Korean soldiers have fought IN THE HOUSE OF REPRESENTATIVES February. Mr. Ochsenreiter was the captain of alongside Americans not only in Korea but in the University of Maryland men’s basketball Vietnam, Afghanistan, and Iraq. In fact, South Wednesday, June 25, 2008 team in 1941, and also ran with the Univer- Korea sent the third-largest contingent of Mr. FRANKS of Arizona. Madam Speaker, I sity’s track team. He was also the 1⁄2 mile armed forces to Iraq among all the countries stand once again before this House with yet champion in the Southern Conference and that have participated in that conflict. another Sunset Memorial. Junior National AAU Championships. In Ashe- Korea has often been described as an ‘‘eco- It is June 25, 2008, in the land of the free ville, he won numerous golf championships at nomic miracle.’’ Fifty years ago, South Korea and the home of the brave, and before the the Country Club of Asheville. In 1988, he was was an impoverished, Third World country sun set today in America, almost 4,000 more inducted into the Western North Carolina perceived as having few prospects for sur- defenseless unborn children were killed by Sports Hall of Fame. vival, much less potential for affluence. Today abortion on demand. That’s just today, Madam it has the world’s 11th-largest economy, Speaker. That’s more than the number of in- Mr. Ochsenreiter was a leader on and off known for its high-technology industries. It is nocent lives lost on September 11 in this the court. In 1958, Mr. Ochsenreiter founded the 7th-largest trading partner of the United country, only it happens every day. the Mountain Amateur Athletic Club in West- States. It has now been exactly 12,937 days since ern North Carolina. Twenty years later in 1978 It is no wonder, therefore, that almost ex- the tragedy called Roe v. Wade was first Mr. Ochsenreiter helped to found the Western actly a year ago, on June 30, 2007, nego- handed down. Since then, the very foundation North Carolina Sports Hall of Fame to honor tiators for the United States and the Republic of this Nation has been stained by the blood western North Carolina high school and col- of Korea concluded a Free Trade Agreement of almost 50 million of its own children. Some lege athletes and teams. During his tenure that now awaits approval by Congress and the of them, Madam Speaker, cried and screamed with the WNC Hall, Mr. Ochsenreiter ex- South Korean National Assembly before it is as they died, but because it was amniotic fluid panded the scope of the Hall to include all fully implemented. passing over the vocal cords instead of air, we In a recent report, the U.S. International sports, as well as the Special Olympics and couldn’t hear them. Trade Commission has forecast that the elimi- All of them had at least four things in com- academics. He was a firm believer that stu- nation of tariffs on U.S. goods under the U.S.- mon. First, they were each just little babies dents should put their academics before their Korea Free Trade Agreement would increase who had done nothing wrong to anyone, and sports career, and this was reflected during the Gross Domestic Product (GDP) of the each one of them died a nameless and lonely his time with the WNC Hall of Fame. United States by over $10 billion annually. The death. And each one of their mothers, whether Serving on the Asheville City Council and as agreement will also eliminate regulatory and she realizes it or not, will never be quite the a one-time mayor of Asheville, Mr. other non-tariff barriers that have historically same. And all the gifts that these children Ochsenreiter’s contributions to Western North restricted access by American farmers, manu- might have brought to humanity are now lost Carolina are endless. facturers, and service providers to the South forever. Yet even in the glare of such tragedy, Korean market. this generation still clings to a blind, invincible As a member of the WNC Hall of Fame, I In the past week, the United States and ignorance while history repeats itself and our thank Mr. Ochsenreiter for his dedication and South Korea signed a protocol regarding the own silent genocide mercilessly annihilates the commitment to the Hall during his fifty years of importation of U.S.-originating beef to Korean most helpless of all victims, those yet unborn. service. He will be missed. I ask my col- markets. As anyone who reads the newspaper Madam Speaker, perhaps it’s time for those leagues to join me in honoring the life of Gene knows, this issue has been politically volatile of us in this Chamber to remind ourselves of Ochsenreiter. in South Korea. U.S. and South Korean trade why we are really all here. Thomas Jefferson

VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE E1356 CONGRESSIONAL RECORD — Extensions of Remarks June 25, 2008 said, ‘‘The care of human life and its happi- Madam Speaker, as we consider the plight HONORING THE VILLAGE OF ness and not its destruction is the chief and of unborn America tonight, may we each re- MANITO, ILLINOIS ON THE OCCA- only object of good government.’’ The phrase mind ourselves that our own days in this sun- SION OF ITS 150TH ANNIVER- in the 14th Amendment capsulizes our entire shine of life are also numbered and that all too SARY Constitution. It says, ‘‘No State shall deprive soon each one of us will walk from these any person of life, liberty or property without Chambers for the very last time. due process of law.’’ Madam Speaker, pro- And if it should be that this Congress is al- HON. RAY LaHOOD lowed to convene on yet another day to come, tecting the lives of our innocent citizens and OF ILLINOIS their constitutional rights is why we are all may that be the day when we finally hear the here. cries of innocent unborn children. May that be IN THE HOUSE OF REPRESENTATIVES the day when we find the humanity, the cour- The bedrock foundation of this Republic is Wednesday, June 25, 2008 the clarion declaration of the self-evident truth age, and the will to embrace together our that all human beings are created equal and human and our constitutional duty to protect Mr. LAHOOD. Madam Speaker, I rise today endowed by their Creator with the unalienable these, the least of our tiny, little American to honor the Village of Manito, Illinois on the brothers and sisters from this murderous rights of life, liberty and the pursuit of happi- occasion of its 150th Anniversary. scourge upon our Nation called abortion on ness. Every conflict and battle our Nation has demand. The Village of Manito, located in Mason ever faced can be traced to our commitment It is June 25, 2008—12,937 days since Roe County, Illinois, was first inhabited by William to this core, self-evident truth. versus Wade first stained the foundation of Herron and his sister in 1838. In 1858, with It has made us the beacon of hope for the this Nation with the blood of its own children; the news that the Illinois River Railroad was to entire world. Madam Speaker, it is who we this in the land of the free and the home of the develop through their land, James Cox, his are. brave. son Robert Cox, and William Langston divided 110 acres of their land into streets, lots and And yet today another day has passed, and f we in this body have failed again to honor that alleys, establishing a new village, named foundational commitment. We have failed our A PROCLAMATION HONORING Manito. JEFFERY A. SPENCER FOR HIS 14 sworn oath and our God-given responsibility Manito is located in the heart of Illinois in an YEARS SERVING AS EXECUTIVE as we broke faith with nearly 4,000 more inno- area known for its hardworking people, out- DIRECTOR OF THE OHIO VALLEY cent American babies who died today without standing farmers and respected traditions. REGIONAL DEVELOPMENT COM- the protection we should have given them. Manito always has been, and primarily re- MISSION And it seems so sad to me, Madam Speaker, mains, an agricultural community. The diverse that this Sunset Memorial may be the only ac- soil in the area promotes the growth of a knowledgement or remembrance these chil- HON. ZACHARY T. SPACE broad range of crops and farming methods. dren who died today will ever have in this OF OHIO This area has been shown to effectively Chamber. IN THE HOUSE OF REPRESENTATIVES produce corn, soybeans, vegetables and other So as a small gesture, I would ask those in Wednesday, June 25, 2008 harvest. The citizens of Manito continue to the Chamber who are inclined to join me for Mr. SPACE. Madam Speaker: add to the world agricultural community by a moment of silent memorial to these lost little Whereas, Jeffery A. Spencer has served as being stewards of their land and setting the Americans. Executive Director of Ohio Valley Regional precedent for how a farming community So Madam Speaker, let me conclude this Development Commission for over 14 years; should operate. Sunset Memorial in the hope that perhaps and Today, Manito is a progressive village with someone new who heard it tonight will finally Whereas, Mr. Spencer has tirelessly as- a population of over 1700, and while Manito embrace the truth that abortion really does kill sisted scores of communities in acquiring over remains proud of its past, it looks willingly to- little babies; that it hurts mothers in ways that $50 million in critically needed development ward the future. The original ‘‘Main Street’’ we can never express; and that 12,937 days projects; and continues to serve as the commercial center spent killing nearly 50 million unborn children Whereas, he continues to support many re- of Manito; however, the surrounding marketing in America is enough; and that it is time that gional initiatives that bring more development areas continue to thrive and develop. we stood up together again, and remembered funds and assistance to Southern Ohio; now, that we are the same America that rejected therefore, be it Madam Speaker, I am proud to represent human slavery and marched into Europe to ar- Resolved that along with his friends, family, the Village of Manito in the United States rest the Nazi holocaust; and we are still coura- and the residents of the 18th Congressional House of Representatives and I extend my geous and compassionate enough to find a District, I commend and thank Jeffery A. best wishes to the village and its citizens for better way for mothers and their unborn ba- Spencer for his contributions to his community another 150 years of prosperity. bies than abortion on demand. and country.

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VerDate Aug 31 2005 06:36 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\RECORD08\RECFILES\E25JN8.REC E25JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE Wednesday, June 25, 2008 Daily Digest Senate Street in Ionia, Michigan, as the ‘‘Alonzo Woodruff Chamber Action Post Office Building’’. Routine Proceedings, pages S6097–S6171 H.R. 5517, to designate the facility of the United Measures Introduced: Thirteen bills and three reso- States Postal Service located at 7231 FM 1960 in lutions were introduced, as follows: S. 3187–3199, Humble, Texas, as the ‘‘Texas Military Veterans Post S.J. Res. 43, and S. Res. 601–602. Page S6158 Office’’. Measures Reported: H.R. 5528, to designate the facility of the United States Postal Service located at 120 Commercial Special Report entitled ‘‘Revised Allocation to Street in Brockton, Massachusetts, as the ‘‘Rocky Subcommittees of Budget Totals From the Concur- Marciano Post Office Building’’. rent Resolution, Fiscal Year 2009’’. (S. Rept. No. S. 2622, to designate the facility of the United 110–402) States Postal Service located at 11001 Dunklin Road S. 27, to authorize the implementation of the San in St. Louis, Missouri, as the ‘‘William ‘Bill’ Clay Joaquin River Restoration Settlement, with an Post Office’’. amendment in the nature of a substitute. (S. Rept. S. 3015, to designate the facility of the United No. 110–400) States Postal Service located at 18 S. G Street, S. 1171, to amend the Colorado River Storage Lakeview, Oregon, as the ‘‘Dr. Bernard Daly Post Project Act and Public Law 87–483 to authorize the Office Building’’. construction and rehabilitation of water infrastruc- S. 3082, to designate the facility of the United ture in Northwestern New Mexico, to authorize the States Postal Service located at 1700 Cleveland Ave- use of the reclamation fund to fund the Reclamation nue in Kansas City, Missouri, as the ‘‘Reverend Earl Water Settlements Fund, to authorize the convey- Abel Post Office Building’’. Pages S6157–58 ance of certain Reclamation land and infrastructure, to authorize the Commissioner of Reclamation to Measures Passed: provide for the delivery of water, with an amend- Water Resources Development Act: Senate passed ment in the nature of a substitute. (S. Rept. No. H.R. 6040, to amend the Water Resources Develop- 110–401) ment Act of 2007 to clarify the authority of the Sec- H.R. 3721, to designate the facility of the United retary of the Army to provide reimbursement for States Postal Service located at 1190 Lorena Road in travel expenses incurred by members of the Com- Lorena, Texas, as the ‘‘Marine Gunnery Sgt. John D. mittee on Levee Safety, clearing the measure for the Fry Post Office Building’’. President. Page S6171 H.R. 4185, to designate the facility of the United Measures Considered: States Postal Service located at 11151 Valley Boule- FISA Amendments Act: Senate resumed consid- vard in El Monte, California, as the ‘‘Marisol eration of the motion to proceed to consideration of Heredia Post Office Building’’. H.R. 6304, to amend the Foreign Intelligence Sur- H.R. 5168, to designate the facility of the United veillance Act of 1978 to establish a procedure for au- States Postal Service located at 19101 Cortez Boule- thorizing certain acquisitions of foreign intelligence. vard in Brooksville, Florida, as the ‘‘Cody Grater Pages S6141–45 Post Office Building’’. During consideration of this measure today, Senate H.R. 5395, to designate the facility of the United also took the following action: States Postal Service located at 11001 Dunklin Drive By 80 yeas to 15 nays (Vote No. 158), three-fifths in St. Louis, Missouri, as the ‘‘William ‘Bill’ Clay of those Senators duly chosen and sworn, having Post Office Building’’. voted in the affirmative, Senate agreed to the motion H.R. 5479, to designate the facility of the United to close further debate on the motion to proceed to States Postal Service located at 117 North Kidd consideration of the bill. Page S6141 D811

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A unanimous-consent agreement was reached pro- Petitions and Memorials: Pages S6155–57 viding for further consideration of the motion to Executive Reports of Committees: Page S6158 proceed to consideration of the bill at approximately 9:30 a.m., on Thursday, June 26, 2008, and that the Additional Cosponsors: Pages S6159–60 time during the adjournment count post-cloture; Statements on Introduced Bills/Resolutions: provided further, that Senator Murkowski, or her Pages S6160–70 designee, control the time from 1:30 p.m. until 2:15 Additional Statements: Pages S6152–54 p.m. on Thursday, June 26, 2008, and that the time Amendments Submitted: Page S6170 count post-cloture. Page S6171 House Messages: Authorities for Committees to Meet: Pages S6170–71 Foreclosure Prevention Act: By 79 yeas to 16 nays (Vote No. 157), Senate concurred in the amendment Privileges of the Floor: Page S6171 of the House of Representatives striking section 1 Record Votes: Two record votes were taken today. through Title V and inserting certain language to (Total—158) Page S6141 the Senate amendment to H.R. 3221, to provide Adjournment: Senate convened at 9:30 a.m. and needed housing reform, with Reid (for Dodd/Shelby) adjourned at 7:42 p.m., until 9:30 a.m. on Thurs- Amendment No. 4983, of a perfecting nature, and day, June 26, 2008. (For Senate’s program, see the taking action on the following amendments proposed remarks of the Majority Leader in today’s Record on thereto: Pages S6097–S6141 page S6171.) Adopted: Bond Modified Amendment No. 4987 (to Amendment No. 4983), to enhance mortgage loan Committee Meetings disclosure requirements with additional safeguards (Committees not listed did not meet) for adjustable rate mortgages with an initial fixed rate and loans that contain prepayment penalty. APPROPRIATIONS: EIA Pages S6097, S6138–40 Committee on Appropriations: Subcommittee on Energy Sununu Modified Amendment No. 4999 (to and Water Development concluded a hearing to ex- Amendment No. 4983), to address small public amine proposed budget estimates for fiscal year 2009 housing agency paperwork reduction. for the Energy Information Administration (EIA), fo- Pages S6097, S6138–40 cusing on forecasts for oil and gasoline prices, after Kohl Modified Amendment No. 4988 (to Amend- receiving testimony from Guy Caruso, Adminis- ment No. 4983), to protect the property and secu- trator, Energy Information Administration, Depart- rity of homeowners who are subject to foreclosure ment of Energy. proceedings. Pages S6097, S6138–40 AFGHANISTAN Withdrawn: Dole Amendment No. 4984 (to Amendment No. Committee on Armed Services: Committee concluded a 4983), to improve the regulation of appraisal stand- closed hearing to examine the current situation in ards. Pages S6097, S6140 Afghanistan, after receiving testimony from General Dan K. McNeill, USA (Ret.), former Commander, Nominations Received: Senate received the fol- North Atlantic Treaty Organization (NATO) Inter- lowing nominations: national Security Assistance Force. Michael Bruce Donley, of Virginia, to be Secretary of the Air Force. NOMINATIONS Jason J. Fichtner, of Virginia, to be Deputy Com- Committee on Banking, Housing, and Urban Affairs: missioner of Social Security for the term expiring Committee ordered favorably reported the nomina- January 19, 2013. tions of Neel T. Kashkari, of California, to be an As- James A. Williams, of Virginia, to be Adminis- sistant Secretary of the Treasury, Christopher R. trator of General Services. Wall, of Virginia, to be an Assistant Secretary of Santanu K. Baruah, of Oregon, to be Adminis- Commerce, Sheila McNamara Greenwood, of Lou- trator of the Small Business Administration. isiana, to be an Assistant Secretary of Housing and 1 Army nomination in the rank of general. Urban Development, Susan D. Peppler, of California, A routine list in the Army. Page S6171 to be an Assistant Secretary of Housing and Urban Messages from the House: Page S6155 Development, Joseph J. Murin, of Pennsylvania, to be President, Government National Mortgage Asso- Measures Referred: Page S6155 ciation, Luis Aguilar, of Georgia, Troy A. Paredes, Measures Placed on the Calendar: Page S6155 of Missouri, and Elisse Walter, of Maryland, all to

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Fryzel, of Illinois, to be a Member of the tivities caused by any of certain diseases is the result National Credit Union Administration Board. of the performance of such employee’s duty, with an FUTURE ENERGY NEEDS amendment in the nature of a substitute; H.R. 5683, to make certain reforms with respect Committee on Energy and Natural Resources: Committee to the Government Accountability Office, with concluded a hearing to examine the increased global amendments; energy demand, focusing on the challenges for meet- S. 3013, to provide for retirement equity for Fed- ing future energy needs, while developing new tech- eral employees in nonforeign areas outside the 48 nologies to address current and future global climate contiguous States and the District of Columbia, with change, after receiving testimony from Raymond L. amendments; Orbach, Under Secretary of Energy for Science; Neil Hirst, International Energy Agency, Paris, France; S. 3175, to amend the Robert T. Stafford Disaster Tom Wilson, Electric Power Research Institute Relief and Emergency Assistance Act to reauthorize Global Climate Change Research, Palo Alto, Cali- the predisaster hazard mitigation program, to make fornia; and Raymond J. Kopp, Resources for the Fu- technical corrections to that Act, with amendments; ture, and Karan Bhatia, General Electric Company, S. 2382, to require the Administrator of the Fed- both of Washington, D.C. eral Emergency Management Agency to quickly and fairly address the abundance of surplus manufactured FEDERAL ROLE FOR SURFACE housing units stored by the Federal Government TRANSPORTATION around the country at taxpayer expense, with an Committee on Environment and Public Works: Com- amendment in the nature of a substitute; mittee concluded a hearing to examine the future S. 2148, to provide for greater diversity within, federal role for surface transportation, focusing on and to improve policy direction and oversight of, the safety, maintenance, and expansion needs for the ca- Senior Executive Service, with an amendment in the pacity and reliability of the highway freight system, nature of a substitute; after receiving testimony from Bruce E. Seely, S. 2816, to provide for the appointment of the Michigan Technological University, Houghton; Chief Human Capital Officer of the Department of Lance R. Grenzeback, Cambridge Systematics Inc., Homeland Security by the Secretary of Homeland Cambridge, Massachusetts; Kathleen F. Marvaso, Security; American Automobile Association (AAA), and Deron S. 3015, to designate the facility of the United Lovaas, Natural Resources Defense Council, both of States Postal Service located at 18 S. G Street, Washington, D.C.; Samuel R. Staley, Reason Foun- Lakeview, Oregon, as the ‘‘Dr. Bernard Daly Post dation, Los Angeles, California; and Alan E. Pisarski, Office Building’’; Falls Church, Virginia. H.R. 5395 and S. 2622, bills to designate the fa- PAKISTAN cility of the United States Postal Service located at 11001 Dunklin Drive in St. Louis, Missouri, as the Committee on Foreign Relations: Committee concluded ‘‘William ‘Bill’ Clay Post Office Building’’; a hearing to examine a new strategy for an enhanced partnership with Pakistan, after receiving testimony H.R. 5479, to designate the facility of the United from Richard A. Boucher, Assistant Secretary of States Postal Service located at 117 North Kidd State for South and Central Asian Affairs; Mitchell Street in Ionia, Michigan, as the ‘‘Alonzo Woodruff Shivers, Principal Deputy Assistant Secretary of De- Post Office Building’’; fense for Asian and Pacific Affairs; Mark S. Ward, H.R. 4185, to designate the facility of the United Senior Deputy Assistant Administrator for Asia, U.S. States Postal Service located at 11151 Valley Boule- Agency for International Development; General An- vard in El Monte, California, as the ‘‘Marisol thony C. Zinni, USMC (Ret.), former Commander in Heredia Post Office Building’’; Chief, United States Central Command, Falls H.R. 5528, to designate the facility of the United Church, Virginia; and Wendy J. Chamberlain, Mid- States Postal Service located at 120 Commercial dle East Institute, Washington, D.C. Street in Brockton, Massachusetts, as the ‘‘Rocky Marciano Post Office Building’’; BUSINESS MEETING H.R. 3721, to designate the facility of the United Committee on Homeland Security and Governmental Af- States Postal Service located at 1190 Lorena Road in fairs: Committee ordered favorably reported the fol- Lorena, Texas, as the ‘‘Marine Gunnery Sgt. John D. lowing: Fry Post Office Building’’;

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H.R. 5517, to designate the facility of the United Foundation, and Peter P. Swire, Ohio State Univer- States Postal Service located at 7231 FM 1960 in sity Moritz College of Law, on behalf of the Center Humble, Texas, as the ‘‘Texas Military Veterans Post for American Progress Action Fund, both of Wash- Office’’; ington, D.C.; Larry Cunningham, Bronx District At- H.R. 5168, to designate the facility of the United torney Office, Bronx, New York; Susan K. Gurley, States Postal Service located at 19101 Cortez Boule- Association of Corporate Travel Executives, Alexan- vard in Brooksville, Florida, as the ‘‘Cody Grater dria, Virginia; Farhana Y. Khera, Muslim Advocates, Post Office Building’’; and Lee Tien, Electronic Frontier Foundation, both S. 3082, to designate the facility of the United of San Francisco, California; and Nathan A. Sales, States Postal Service located at 1700 Cleveland Ave- George Mason University School of Law, Arlington, nue in Kansas City, Missouri, as the ‘‘Reverend Earl Virginia. Abel Post Office Building’’; and The nomination of Elaine C. Duke, of Virginia, to HOME HEATING OIL PRICES be Under Secretary for Management, Department of Committee on Small Business and Entrepreneurship: Com- Homeland Security. mittee concluded a hearing to examine solutions to address the rise in home heating oil prices, after re- OVERSEAS TRAVEL PRIVACY VIOLATIONS ceiving testimony from David F. Johnson, Deputy Committee on the Judiciary: Subcommittee on the Con- Assistant Secretary of Energy for Petroleum Reserves; stitution concluded a hearing to examine practices Jennifer Brooks, Penquis, Bangor, Maine; Sandra by the Department of Homeland Security at ports of Farrell, Northboro Oil Company, Northboro, Massa- entry of the United States, focusing on laptop chusetts; Michael J. Ferrante, Massachusetts Oilheat searches and other violations of privacy faced by Council, Wellesley Hills, Massachusetts; and Michael Americans returning from overseas travel, after re- D. Stoddard, Environment Northeast, Portland, ceiving testimony from James Jay Carafano, Heritage Maine. h House of Representatives a recorded vote of 233 ayes to 189 noes, Roll No. Chamber Action 455. Pages H6031–44 Public Bills and Resolutions Introduced: 14 pub- Rejected the McCrery motion to recommit the lic bills, H.R. 6362–6375; and 2 resolutions, H. bill to the Committee on Ways and Means with in- Con. Res. 382 and H. Res. 1305, were introduced. structions to report the same back to the House Pages H6088–89 promptly with amendments, by a yea-and-nay vote of 199 yeas to 222 nays, Roll No. 454. Additional Cosponsors: Pages H6089–90 Pages H6042–43 Report Filed: A report was filed today as follows: Pursuant to the rule, the amendment in the na- H. Res. 1304, providing for consideration of the ture of a substitute recommended by the Committee bill (H.R. 6052) to promote increased public trans- on Ways and Means now printed in the bill shall be portation use and to promote increased use of alter- considered as adopted. Page H6035 native fuels in providing public transportation (H. H. Res. 1297, the rule providing for consideration Rept. 110–734). Page H6088 of the bill, was agreed to by a yea-and-nay vote of Speaker: Read a letter from the Speaker wherein she 224 yeas to 193 nays, Roll No. 452, after agreeing to order the previous question by a yea-and-nay vote appointed Representative Davis (AL) to act as Speak- of 225 yeas to 194 nays, Roll No. 451. Page H6011 er pro tempore for today. Pages H6022–25, H6029–30 Chaplain: The prayer was offered by the guest Suspension—Proceedings Resumed: The House Chaplain, Rev. Archie E. Barringer, Veterans Med- agreed to suspend the rules and pass the following ical Clinic, Fayetteville, North Carolina. Page H6011 measure which was debated on Monday, June 23rd: Alternative Minimum Tax Relief Act of 2008: Authorizing the Edward Byrne Memorial Jus- The House passed H.R. 6275, to amend the Internal tice Assistance Grant Program at fiscal year 2006 Revenue Code of 1986 to provide individuals tem- levels through 2012: H.R. 3546, to authorize the porary relief from the alternative minimum tax, by Edward Byrne Memorial Justice Assistance Grant

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Program at fiscal year 2006 levels through 2012, by a 2⁄3 yea-and-nay vote of 318 yeas to 103 nays, Roll a 2⁄3 yea-and-nay vote of 406 yeas to 11 nays, Roll No. 459; and Pages H6075–80, H6080–81 No. 456. Pages H6044–45 Authorizing the use of the rotunda of the Cap- Providing for and approving the settlement of itol for a ceremony commemorating the 60th Anni- certain land claims of the Bay Mills Indian Com- versary of the beginning of the integration of the munity: The House failed to pass H.R. 2176, to United States Armed Forces: H. Con. Res. 377, provide for and approve the settlement of certain amended, to authorize the use of the rotunda of the land claims of the Bay Mills Indian Community, by Capitol for a ceremony commemorating the 60th a yea-and-nay vote of 121 yeas to 298 nays, Roll Anniversary of the beginning of the integration of No. 458. Pages H6045–57 the United States Armed Forces. Pages H6082–83 Agreed to table the appeal of the ruling of the CPSC Reform Act—Motion to Instruct Con- chair on a point of order sustained against the ferees: Agreed to the Kirk motion to instruct con- Hensarling motion to recommit the bill to the Com- ferees on H.R. 4040, to establish consumer product mittee on Natural Resources with instructions to re- safety standards and other safety requirements for port the same back to the House forthwith with an children’s products and to reauthorize and modernize amendment, by a yea-and-nay vote of 226 yeas to the Consumer Product Safety Commission, by a yea- 189 nays, Roll No. 457. Pages H6055–57 and-nay vote of 415 yeas with none voting ‘‘nay’’, Pursuant to the rule, the amendment in the na- Roll No. 461. Consideration of the motion began on ture of a substitute printed in H. Rept. 110–732 Tuesday, June 24th. Page H6082 shall be considered as adopted, in lieu of the amend- ment in the nature of a substitute recommended by Senate Message: Message received from the Senate the Committee on Natural Resources now printed in today appears on page H6016. the bill. Page H6045 Senate Referrals: S. 3145, S. 2403, S. 2837, and S. H. Res. 1298, the rule providing for consideration 3009 were referred to the Committee on Transpor- of the bill, was agreed to by a yea-and-nay vote of tation and Infrastructure. Page H6088 207 yeas to 204 nays, Roll No. 450, after agreeing Quorum Calls—Votes: Twelve yea-and-nay votes to order the previous question by a yea-and-nay vote and one recorded vote developed during the pro- of 226 yeas to 194 nays, Roll No. 449. ceedings of today and appear on pages H6028, Pages H6016–22, H6028–29 H6028–29, H6029–30, H6030, H6030–31, H6043, ADA Amendments Act of 2008: The House H6043–44, H6044–45, H6057, H6057–58, passed H.R. 3195, to restore the intent and protec- H6080–81, H6081–82, and H6082. There were no tions of the Americans with Disabilities Act of quorum calls. 1990, by a yea-and-nay vote of 402 yeas to 17 nays, Adjournment: The House met at 10 a.m. and ad- Roll No. 460. Pages H6058–75, H6081–82 journed at 6:58 p.m. Pursuant to the rule, the amendment in the na- ture of a substitute recommended by the Committee on Education and Labor now printed in the bill shall Committee Meetings be considered as adopted. Page H6059 ENERGY AND WATER DEVELOPMENT; H. Res. 1299, the rule providing for consideration COMMERCE, JUSTICE, SCIENCE AND of the bill, was agreed to by voice vote after agreeing FINANCIAL SERVICES AND GENERAL to order the previous question by a yea-and-nay vote GOVERNMENT APPROPRIATIONS FISCAL of 221 yeas to 194 nays, Roll No. 453. YEAR 2009 Pages H6025–28, H6030–31 Committee on Appropriations: Ordered reported, as Suspensions: The House agreed to suspend the rules amended, the following Appropriations for Fiscal and pass the following measures: year 2009: Energy and Water Development, and Re- Temporarily extending the programs under the lated Agencies; Commerce, Justice, Science, and Re- Higher Education Act of 1965: S. 3180, to tempo- lated Agencies; and Financial Services and General rarily extend the programs under the Higher Edu- Government. cation Act of 1965—clearing the measure for the CHINA; RECENT SECURITY President; Page H6075 DEVELOPMENTS Stop Child Abuse in Residential Programs for Committee on Armed Services: Held a hearing on China: Teens Act of 2008: H.R. 6358, to require certain Recent Security Developments. Testimony was heard standards and enforcement provisions to prevent from the following officials of the Department of child abuse and neglect in residential programs, by Defense: James J. Shinn, Assistant Secretary, Asian

VerDate Aug 31 2005 04:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JN8.REC D25JNPT1 smartinez on PROD1PC64 with DIGEST D816 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 2008 and Pacific Security Affairs; and MG Philip M. held a hearing on The Goodyear Explosion: Ensuring Breedlove, USAF, Vice Director, Strategic Plans and Our Nation is Secure by Developing a Risk Manage- Policy, the Joint Chiefs of Staff. ment Framework for Homeland Security. Testimony was heard from Robert D. Jamison, Under Secretary, PRE–K ACT National Protection and Programs Directorate, De- Committee on Education and Labor: Began markup of partment of Homeland Security; Norman J. Rabkin, H.R. 3289, PRE–K Act. Managing Director, Homeland Security and Justice, Will continue tomorrow. GAO; John P. Paczkowski, Director, Emergency and HEALTH IT PROMOTION Security, Port Authority of New York and New Jer- sey; and public witnesses. Committee on Energy and Commerce: Subcommittee on Health approved for full Committee action H.R. EXECUTIVE OFFICE FOR U.S. ATTORNEYS 6357, Protecting Records, Optimizing Treatment, Committee on the Judiciary: Subcommittee on Com- and Easing Communication through Healthcare mercial and Administrative Law held a hearing on Technology Act of 2008. the Executive Office for United States Attorneys. MISCELLANEOUS MEASURES Testimony was heard from Kenneth E. Melson, Di- Committee on Financial Services: rector, Executive Office for U.S. Attorneys, Depart- Ordered reported the ment of Justice; and public witnesses. following bills: H.R. 3329, amended, Homes for Heroes Act; H.R. 6309, amended, Lead-Safe Hous- MISCELLANEOUS MEASURES ing for Kids Act of 2008; H.R. 4461, amended, to Committee on Natural Resources: Agreed to a Com- consider the following bills: H.R. 4049, amended, mittee resolution dealing with an emergency with- Money Service Business Act of 2007; H.R. 6306, drawal of certain federal lands near Grand Canyon amended, To authorize United States participation National Park. in, and appropriations for the United States con- The Committee also ordered reported the fol- tributions to, the fifteenth replenishment of the re- lowing bills: H.R. 415, amended, To amend the sources of the International Development Association Wild and Scenic Rivers Act to designate segments and the eleventh replenishment of the resources of of the Taunton River in the Commonwealth of Mas- the African Development Fund, and for other pur- sachusetts as a component of the National Wild and poses; H.R. 6216, amended, Asset Management Im- Scenic Rivers; H.R. 1286, amended, Washington- provement Act of 2008; H.R. 1746, amended, Holo- Rochambeau Revolutionary Route National Historic caust Insurance Accountability Act of 2007; and, Trail Designation Act; H.R. 1210, amended, Utah H.R. 6184, America’s Beautiful National Parks Recreational Land Exchange Act of 2007; H.R. Quarter Dollar Coin Act of 2008. 6041, To redesignate the Rio Grande American The Committee did not agree to H.R. 5767, Pay- Canal in El Paso, Texas, as the ‘‘Travis C. Johnson ments System Protection Act. Canal;’’ H.R. 1907, amended, Coastal and Estuarine U.S. FOREIGN ASSISTANCE REFORM Land Protection Act; and H.R. 3227, amended, To Committee on Foreign Affairs: Held a hearing on For- direct the Secretary of the Interior to continue stock- eign Assistance Reform: Rebuilding U.S. Civilian ing fish in certain lakes in the North Cascades Na- Development and Diplomatic Capacity in the 21st tional Park, Ross Lake National Recreation Area, Century. Testimony was heard from the following and Lake Chelan National Recreation Area. former Administrators of the U.S. Agency for Inter- WASTE, FRAUD, AND ABUSE AT K-TOWN: national Development M. Peter McPherson; and J. ONE YEAR LATER Brian Atwood. Committee on Oversight and Government Reform: Held a U.S.-INDO RELATIONS OUTLOOK hearing on Waste, Fraud, and Abuse at K-Town: Committee on Foreign Affairs: Subcommittee on the One Year Later. Testimony was heard from the fol- Middle East and South Asia held a hearing on More lowing officials of the GAO: Gregory D. Kutz, Man- Than Just the 123 Agreement: The Future of U.S.- aging Director, Forensic Audits and Special Inves- Indo Relations. Testimony was heard from public tigations; Terrell G. Dorn, Director, Physical Infra- witnesses. structure, and Bruce A. Causseaux, Senior Level Con- tract and Procurement Fraud Specialist, Forensic Au- GOODYEAR PLANT EXPLOSION CHEMICAL dits and Special Investigations; and MAJ Mark Rog- PLANT SECURITY ers, USAF, Vice Commander, U.S. Air Forces in Eu- Committee on Homeland Security: Subcommittee on rope, Department of the Air Force; Judith Garber, Transportation Security and Infrastructure Protection Deputy Assistant Secretary, Bureau of European and

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Eurasian Affairs, Department of State, and a public MISCELLANEOUS MEASURES witness. Committee on Science and Technology: Ordered reported, as amended, the following bills: H.R. 4174, Federal ID CARDS; REISSUING BORDER CROSSING Ocean Acidification Research and Monitoring Act of CARDS 2007; and H.R. 5618, National Sea Grant College Committee on Oversight and Government Reform: Sub- Program Amendments Act of 2008. committee on Government Management, Organiza- ONLINE ADVERTISING IMPACTS tion, and Procurement held a hearing on ID Cards: Reissuing Border Crossing Cards Testimony was Committee on Small Business: Subcommittee on Regu- heard from Tony Edson, Acting Principal Deputy lations, Health Care and Trade held a hearing enti- Assistant Secretary, Department of State; Colleen M. tled ‘‘The Impact of Online Advertising on Small Manaher, Director, Western Hemisphere Travel Ini- Firms.’’ Testimony was heard from public witnesses. tiative, Customs and Border Protection, Department PIPELINE INSPECTION, PROTECTION, AND of Homeland Security; Jess Ford, Director, Inter- ENFORCEMENT AND SAFETY ACT OF 2006 national Affairs and Trade, GAO; and public wit- IMPLEMENTATION nesses. Committee on Transportation and Infrastructure: Sub- committee on Railroads, Pipelines and Hazardous SAVING ENERGY THROUGH PUBLIC Materials held a hearing on Implementation of the TRANSPORTATION ACT OF 2008 Pipeline Inspection, Protection, Enforcement and Committee on Rules: Committee granted, by a record Safety Act of 2006. Testimony was heard from the vote of 8 to 4, a structured rule providing for con- following officials of the Department of Transpor- sideration of H.R. 6052, the ‘‘Saving Energy tation: Carl T. Johnson, Administrator, and Stacey L. Through Public Transportation Act of 2008.’’ The Gerard, Assistant Administrator, both with Pipeline rule provides for 1 hour of general debate equally di- and Hazardous Materials Safety Administration, and vided and controlled by the chairman and ranking Calvin L Scovel III, Inspector General; and John minority member of the Committee on Transpor- Sammon, Assistant Administrator, Transportation tation and Infrastructure. Sector Network Management, Transportation Secu- The rule waives all points of order against consid- rity Administration, Department of Homeland Secu- eration of the bill except those arising under clause rity. 9 or 10 of rule XXI. The rule provides that the bill GLOBAL CLIMATE—NATIONAL SECURITY shall be considered as read. The rule waives all IMPLICATIONS OF GLOBAL CLIMATE points of order against provisions in the bill. Select Committee on Energy Independence and Global The rule makes in order only those amendments Warming, and the Subcommittee on Intelligence printed in the Rules Committee report and waives Community Management of the Permanent Select all points of order against such amendments except Committee on Intelligence held a joint hearing on those arising under clause 9 or 10 of rule XXI. The National Security Implications of Global Climate. amendments made in order shall be considered as Testimony was heard from Thomas Fingar, Deputy read, shall be debatable for the time specified in this Director (Analysis), Office of the Director of Na- report equally divided by the proponent and an op- tional Intelligence; Rolf Mowatt-Larssen, Director, ponent, shall not be subject to amendment, and shall Office of Intelligence and Counterintelligence, De- not be subject to a demand for a division of the partment of Energy; VADM Paul G. Gaffney II, question. USN (Ret.), former Commander, Navy Meteorology The rule provides one motion to recommit with and Oceanography Command; Kent Hughes Butts, or without instructions. Notwithstanding the oper- Professor of Political-Military Strategy, Center for ation of the previous question, the Chair may post- Strategic Leadership, U.S. Army War College; and pone further consideration until a time designated public witnesses. by the Speaker. Finally, the rule allows the Speaker to entertain motions to suspend the rules on the leg- Joint Meetings islative day of Thursday, June 26, 2008, relating to (a) a measure concerning the Commodity Exchange SKYROCKETING OIL PRICES Act and energy markets; or (b) a measure concerning Joint Economic Committee: Committee concluded a the issuance of oil and gas leases on Federal lands or hearing to examine the rapid rise of crude oil prices, waters. Testimony was heard from Chairman Ober- focusing on the impact energy prices will have on star and Representative McGovern. the American public and the United States economy,

VerDate Aug 31 2005 04:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JN8.REC D25JNPT1 smartinez on PROD1PC64 with DIGEST D818 CONGRESSIONAL RECORD — DAILY DIGEST June 25, 2008 after receiving testimony from Daniel Yergin, Cam- move the African National Congress from treatment as a bridge Energy Research Associates, Frederick Joutz, terrorist organization for certain acts or events, provide George Washington University, and John A. Laitner, relief for certain members of the African National Con- American Council for an Energy-Efficient Economy gress regarding admissibility, S. 2892, to promote the (ACEEE), all of Washington, D.C. prosecution and enforcement of frauds against the United States by suspending the statute of limitations during CONSUMER PRODUCT SAFETY times when Congress has authorized the use of military MODERNIZATION ACT force, S. 1211, to amend the Controlled Substances Act Conferees met to resolve the differences between the to provide enhanced penalties for marketing controlled Senate and House passed versions of H.R. 4040, to substances to minors, S. 3155, to reauthorize and improve establish consumer product safety standards and the Juvenile Justice and Delinquency Prevention Act of other safety requirements for children’s products and 1974, S. 2746, to amend section 552(b)(3) of title 5, United States Code (commonly referred to as the Freedom to reauthorize and modernize the Consumer Product of Information Act) to provide that statutory exemptions Safety Commission, but did not complete action to the disclosure requirements of that Act shall specifi- thereon, and recessed subject to the call. cally cite to the provision of that Act authorizing such f exemptions, to ensure an open and deliberative process in Congress by providing for related legislative proposals to COMMITTEE MEETINGS FOR THURSDAY, explicitly state such required citations, S. 3061, to au- JUNE 26, 2008 thorize appropriations for fiscal years 2008 through 2011 (Committee meetings are open unless otherwise indicated) for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, S. Senate Res. 594, designating September 2008 as ‘‘Tay-Sachs Committee on Appropriations: business meeting to mark Awareness Month’’, and the nominations of Paul G. up proposed budget estimates for fiscal year 2009 for Gardephe, to be United States District Judge for the Labor, Health and Human Services, Education, and re- Southern District of New York, Kiyo A. Matsumoto, to lated agencies, 2 p.m., SD–106. be United States District Judge for the Eastern District Committee on Armed Services: to hold hearings to examine of New York, Cathy Seibel, to be United States District the nominations of Nelson M. Ford, of Virginia, to be Judge for the Southern District of New York, Glenn T. Under Secretary of the Army, Joseph A. Benkert, of Vir- Suddaby, to be United States District Judge for the ginia, to be an Assistant Secretary, Sean Joseph Stackley, Northern District of New York, Kelly Harrison Rankin, of Virginia, to be an Assistant Secretary of the Navy, and to be United States Attorney for the District of Wyo- Frederick S. Celec, of Virginia, to be Assistant to the Sec- ming, and Clyde R. Cook, Jr., to be United States Mar- retary for Nuclear and Chemical and Biological Defense shal for the Eastern District of North Carolina, 10 a.m., Programs, all of the Department of Defense, 9:30 a.m., SD–226. SD–106. Subcommittee on Crime and Drugs, to hold hearings Committee on Finance: to hold hearings to examine the to examine effective ways to catch fugitives in the 21st foundation of international tax reform, focusing on world- century, 2 p.m., SD–226. wide, territorial, and other related issues, 10 a.m., Committee on Veterans’ Affairs: business meeting to mark SD–215. up S. 2969, to amend title 38, United States Code, to Committee on Health, Education, Labor, and Pensions: Sub- committee on Children and Families, to hold hearings to enhance the capacity of the Department of Veterans Af- examine reauthorization of the Child Abuse Prevention fairs to recruit and retain nurses and other critical health- and Treatment Act (CAPTA) (Public Law 93–247), fo- care professionals, S. 2309, to amend title 38, United cusing on protecting children and strengthening families, States Code, to clarify the service treatable as service en- 2:30 p.m., SD–430. gaged in combat with the enemy for utilization of non- Committee on Homeland Security and Governmental Affairs: official evidence for proof of service-connection in a com- to hold hearings to examine nuclear terrorism, focusing bat-related disease or injury, S. 22, to amend title 38, on the federal response for providing medical care and United States Code, to establish a program of educational meeting basic needs in the aftermath of an attack, 10 assistance for members of the Armed Forces who serve in a.m., SD–342. the Armed Forces after September 11, 2001, S. 2617, to Subcommittee on Federal Financial Management, Gov- increase, effective as of December 1, 2008, the rates of ernment Information, Federal Services, and International compensation for veterans with service-connected disabil- Security, to hold hearings to examine addressing the na- ities and the rates of dependency and indemnity com- tion’s financial challenges, 2:30 p.m., SD–342. pensation for the survivors of certain disabled veterans, Committee on Indian Affairs: to hold an oversight hear- and an original bill to provide technical corrections to S. ing to examine access to contract health services in Indian 22, the Post 9/11 Veterans Educational Assistance Act of country, 10 a.m., SD–562. 2007; to be immediately followed by a hearing to exam- Committee on the Judiciary: business meeting to consider ine the nomination of Christine O. Hill, to be Assistant S. 2979, to exempt the African National Congress from Secretary of Veterans Affairs for Congressional Affairs, treatment as a terrorist organization, H.R. 5690, to re- 9:30 a.m., SR–418.

VerDate Aug 31 2005 04:07 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JN8.REC D25JNPT1 smartinez on PROD1PC64 with DIGEST June 25, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D819 House Native Wildlife Invasion Prevention Act, 10:30 a.m., Committee on Agriculture, Subcommittee on Horticulture 1334 Longworth. and Organic Agriculture, hearing to review the status of Committee on Oversight and Government Reform, hearing on pollinator health including colony collapse disorder, 10 Governance and Financial Accountability of Rural Elec- a.m., 1300 Longworth. tric Cooperatives: the Pedernales Experience, 10 a.m., Committee on Appropriations, to mark up the following 2154 Rayburn. Appropriations for Fiscal Year 2009: Labor, Health and Subcommittee on Federal Workforce, Postal Service Human Services, Education, and Related Agencies; and and the District of Columbia, hearing on An Examination the Agriculture, Rural Development, Food and Drug Ad- of Locality Pay, 2 p.m., 2154 Rayburn. ministration, and Related Agencies, 10 a.m., 2359 Ray- Committee on Science and Technology, Subcommittee on burn. Energy and Environment, and the Subcommittee on Re- Committee on Education and Labor, to continue markup search and Science Education, joint hearing on The State of H.R. 3289, PRE-K Act, 10:30 a.m., 2175 Rayburn. of Hurricane Research and H.R. 2407, National Hurri- Subcommittee on Health, Employment, Labor and cane Research Initiative Act of 2007, 10 a.m., 2318 Ray- Pensions, hearing on An Examination of Discrimination burn. Against Transgender Americans in the Workplace, imme- Subcommittee on Investigation and Oversight, to meet diately following full Committee markup, 2175 Rayburn. to consider authorization of a subpoena for documents re- Committee on Energy and Commerce, Subcommittee on En- lated to the Department of Energy’s FutureGen project, ergy and Air Quality, hearing on Climate Change: Costs 1 p.m., 2318 Rayburn. of Inaction, 10 a.m., 2123 Rayburn. Committee on Small Business, hearing entitled ‘‘Ground- Committee on Financial Services, hearing on H.R. 6066, ed: How the Air Transportation Crisis Is Hurting Entre- Extractive Industries Transparency Disclosure Act, 10 preneurs and the Economy,’’ 10 a.m., 1539 Longworth. a.m., 2128 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Financial Institutions and Consumer committee on Water Resources and Environment, hearing Credit, hearing entitled ‘‘Problem Credit Care Practices on Protecting and Restoring America’s Great Waters— Affecting Students,’’ 2 p.m., 2128 Rayburn. Part 1: Coastal Estuaries, 2 p.m., 2167 Rayburn. Committee on Homeland Security, to mark up the fol- Committee on Veterans’ Affairs, Subcommittee on Eco- lowing bills: H.R. 263, Cybersecurity Education En- nomic Opportunity, to mark up the following bills: H.R. hancement Act of 2007; H.R. 2490, To require the Sec- 6225, Injunctive Relief for Veterans Act of 2008; H.R. retary of Homeland Security to conduct a pilot program 6224, Pilot College Work Study Programs for Veterans for mobile biometric identification in the maritime envi- Act of 2008; H.R. 6221, Veterans-Owned Small Business ronment of aliens unlawfully attempting to enter the Protection and Clarification Act of 2008; H.R. 6272, United States; H.R. 3815, Homeland Security Open Source Information Enhancement Act of 2007; H.R. SMOCTA Reauthorization Act of 2008; H.R. 4255, 4806, Reducing Over-Classification Act of 2007; H.R. United States Olympic Committee Paralympic Program 5170, Department of Homeland Security Component Pri- Act of 2007; H.R. 6070, Military Spouses Residency Re- vacy Officer Act of 2008; H.R. 5531, Next Generation lief Act; H.R. 2910, Veterans Education Tuition Support Radiation Screening Act of 2008; H.R. 5743, Scientific Act of 2007; H.R. 3298, 21st Century Servicemembers Transformations through Advancing Research (STAR) Protection Act; and H.R. 2721, To amend title 10, Act; H.R. 5935, American Steel First Act of 2008; H.R. United States Code, to require the Secretary of Veterans 5983, To amend the Homeland Security Act of 2002 to Affairs to develop, and the Secretary of Defense to dis- enhance the information security of the Department of tribute to members of the Armed Forces upon their dis- Homeland Security; H.R. 6098, Personnel Reimburse- charge or release from active duty, information in a com- ment for Intelligence Cooperation and Enhancement of pact disk read-only memory format that lists and explains Homeland Security Act; and H.R. 6193, Improving Pub- the health, education, and other benefits for which vet- lic Access to Documents Act of 2008, 10 a.m., 311 Can- erans are eligible under the laws administered by the Sec- non. retary of Veterans Affairs, 1 p.m., 334 Cannon. Committee on the Judiciary, Subcommittee on Commer- Subcommittee on Health, hearing on health care pro- cial and Administrative Law, to consider a resolution au- posals., 10 a.m., 334 Cannon. thorizing the Chairman to issue a subpoena to Attorney Committee on Ways and Means, Subcommittee on Select General Michael Mukasey for certain documents pre- Revenue Measures, hearing on the role of Individual Re- viously requested, 1:30 p.m., 2141 Rayburn. tirement Accounts (IRA’s) in our retirement system, 10 Subcommittee on the Constitution, Civil Rights, and a.m., 1100 Longworth. Civil Liberties, hearing on From the Department of Jus- Permanent Select Committee on Intelligence, executive, brief- tice to Guantanamo Bay: Administration Lawyers and ing on North Korea, 11 a.m., executive, briefing on Administration Interrogation Rules, Part III, 10 a.m., Treasury Update, 2:30 p.m., and, executive, briefing on 2141 Rayburn. CIA Program, 3:30 p.m., H–405 Capitol. Subcommittee on Courts, The Internet, and Intellec- Subcommittee on Terrorism, Human Intelligence, tual Property, to mark up H.R. 4789, Performance Analysis and Counterintelligence, executive, briefing on Rights Act, 9:30 a.m., 2237 Rayburn. National Applications Office, 1 p.m., H–405 Capitol. Subcommittee on Crime, Terrorism, and Homeland Se- curity, hearing on H.R. 1889, Private Prison Information Select Committee on Energy Independence and Global Warm- Act of 2007, (Part II), 1 p.m., 2237 Rayburn. ing, hearing entitled ‘‘$4 Gasoline and Fuel Economy: Committee on Natural Resources, Subcommittee on Fish- Auto Industry at a Crossroads,’’ 1:30 p.m., 210 Cannon. eries, Wildlife and Oceans, hearing on H.R. 6311, Non-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, June 26 10 a.m., Thursday, June 26

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 6052— ation of the motion to proceed to consideration of H.R. Saving Energy Through Public Transportation Act of 6304, Foreign Intelligence Surveillance Act. 2008 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Issa, Darrell E., Calif., E1339 Radanovich, George, Calif., E1347 Jefferson, William J., La., E1340 Rangel, Charles B., N.Y., E1339, E1344, E1347, E1349 Abercrombie, Neil, Hawaii, E1339 Johnson, Timothy V., Ill., E1341 Rogers, Harold, Ky., E1343 Bachmann, Michele, Minn., E1354 Kanjorski, Paul E., Pa., E1341 Ruppersberger, C.A. Dutch, Md., E1337, E1350 Brady, Robert A., Pa., E1354 Kind, Ron, Wisc., E1339 Rush, Bobby L., Ill., E1351 Burgess, Michael C., Tex., E1339 LaHood, Ray, Ill., E1356 Schakowsky, Janice D., Ill., E1345 Burton, Dan, Ind., E1340 Lamborn, Doug, Colo., E1342 Sessions, Pete, Tex., E1337 Buyer, Steve, Ind., E1353 Latham, Tom, Iowa, E1337, E1342, E1343, E1344, E1345, Shuler, Heath, N.C., E1355 Costa, Jim, Calif., E1338, E1351 E1347, E1350 Simpson, Michael K., Idaho, E1340 Cuellar, Henry, Tex., E1338 Lee, Barbara, Calif., E1338, E1346 Davis, Danny K., Ill., E1352 Lewis, Jerry, Calif., E1341 Solis, Hilda L., Calif., E1351 DeLauro, Rosa L., Conn., E1352 McCarthy, Carolyn, N.Y., E1342 Souder, Mark E., Ind., E1346 Dicks, Norman D., Wash., E1348 Maloney, Carolyn B., N.Y., E1352 Space, Zachary T., Ohio, E1351, E1354, E1356 Emanuel, Rahm, Ill., E1342, E1352 Meeks, Gregory W., N.Y., E1347 Stark, Fortney Pete, Calif., E1353 Fossella, Vito, N.Y., E1355 Ortiz, Solomon P., Tex., E1343 Visclosky, Peter J., Ind., E1337, E1350 Franks, Trent, Ariz., E1355 Paul, Ron, Tex., E1354 Walz, Timothy J., Minn., E1352 Green, Gene, Tex., E1344, E1346 Pence, Mike, Ind., E1342 Waters, Maxine, Calif., E1347 Hare, Phil, Ill., E1344 Petri, Thomas E., Wisc., E1343 Woolsey, Lynn C., Calif., E1344, E1345, E1352

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