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, FEBRUARY 6, 2008 No. 19 House of Representatives The House met at 2 p.m. and was THE JOURNAL world peace can occur by sitting called to order by the Speaker pro tem- The SPEAKER pro tempore. The around smoking dope and banging on pore (Mr. BAIRD). Chair has examined the Journal of the the tambourine. Berkeley should lose all Federal f last day’s proceedings and announces to the House his approval thereof. funding for their smug denouncement DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- of the Marine Corps. Patriotic Ameri- PRO TEMPORE nal stands approved. cans should not subsidize cities that tell the Marines to ‘‘get out of town.’’ The SPEAKER pro tempore laid be- f And as for the Marines, we’ll take fore the House the following commu- PLEDGE OF ALLEGIANCE nication from the Speaker: them all in Texas. We’ll have a parade, The SPEAKER pro tempore. Will the fly the flag, and sing the Marine Hymn. WASHINGTON, DC, gentleman from Florida (Mr. MILLER) February 6, 2008. So Semper Fi. come forward and lead the House in the I hereby appoint the Honorable BRIAN And that’s just the way it is. BAIRD to act as Speaker pro tempore on this Pledge of Allegiance. day. Mr. MILLER of Florida led the f NANCY PELOSI, Pledge of Allegiance as follows: Speaker of the House of Representatives. I pledge allegiance to the Flag of the United States of America, and to the Repub- MEDICARE ENTITLEMENT REFORM f lic for which it stands, one nation under God, (Mr. MILLER of Florida asked and indivisible, with liberty and justice for all. PRAYER was given permission to address the f House for 1 minute and to revise and Dr. Stephen L. Swisher, Lovers Lane extend his remarks.) United Methodist Church, Dallas, CITY OF SHAME: BERKELEY, Texas, offered the following prayer: CALIFORNIA Mr. MILLER of Florida. Mr. Speaker, Dear God, in this moment may we (Mr. POE asked and was given per- during this election season, political encounter a fresh experience with You. mission to address the House for 1 candidates will address every issue in Give us peace in the uncertainty of minute and to revise and extend his re- the room except for the 800-pound go- this election season and renewed marks.) rilla. Medicare is rapidly growing in strength as we remember those who Mr. POE. Mr. Speaker, Berkeley, our Federal budget. sent us here. We know in our hearts California, has fallen off the deep end, Just last week, Medicare trustees that without Your guidance we can do and it wasn’t caused by an earthquake again reminded Congress that Medicare nothing, but with You we can do all either. is projected to draw more than 45 per- things. The city council passed a resolution cent of its funding from the general Let us not be afraid of the problems telling the local United States Marine government revenue, as opposed to the that challenge us but instead be grate- Corps recruiting station that it was Medicare trust fund. ful that You have called us to make a ‘‘not welcome in the city, and if re- If Congress doesn’t start to make difference at this time in history. cruiters choose to stay, they do so as some changes, the program will face I pray Your blessings of health, hap- uninvited and unwelcome intruders.’’ over $34 trillion in unfunded obliga- piness, and protection upon each Mem- Mayor Tom Bates said, ‘‘The Marines tions over the next 75 years, which is ber of the United States House of Rep- don’t belong here, they shouldn’t have nearly seven times the size of out- resentatives, their families, and staff come here, and they should leave.’’ standing public debt today. This rapid members as well. Shame on Mayor Bates. He has flip- growth in Medicare expenditures is fis- In times of frustration, may we know pantly and pompously denounced those cally unsustainable. that You are with us and ready to help, noble few—the proud—the chosen—the Mr. Speaker, both liberal and con- if we will ask. Marines that represent everything that servative policy analysts, along with May we be emboldened by the is good and right about America. These the GAO, have been warning Congress thought that as individuals we rep- defenders of democracy deserve better of the much-needed entitlement re- resent various cities, counties, and than Berkeley’s arrogant disapproval. form. Who else must weigh in on the States, but together we stand for the These deplorable anti-Marine city issue before Congress will start ad- greatest Nation ever created. council members must still have a six- dressing comprehensive Medicare re- In Jesus’ name. Amen. ties peacenik, hippie mentality that form?

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 01:53 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.000 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H562 CONGRESSIONAL RECORD — HOUSE February 6, 2008 CAPITAL GAINS Sadly, now the Marines have a new COMMUNICATION FROM THE (Mr. HERGER asked and was given fight in the City of Berkeley. Recently, CLERK OF THE HOUSE permission to address the House for 1 the city council voted to declare that a The SPEAKER pro tempore laid be- minute and to revise and extend his re- Marine recruiting station is ‘‘not wel- fore the House the following commu- marks.) come in the city.’’ nication from the Clerk of the House of Mr. HERGER. Mr. Speaker, unless To rub salt in the wound, the council Representatives: then granted carte blanch to the rad- Congress acts, in 3 short years capital HOUSE OF REPRESENTATIVES, gains taxes will jump from 15 percent ical protest group Code Pink. The dis- Washington, DC, February 5, 2008. to 20 percent. Tax increases, as Demo- appointing and despicable actions of Hon. NANCY PELOSI, crats would allow, send the wrong mes- the Berkeley council are sad, shameful, The Speaker, House of Representatives, sages to businesses facing economic un- and sickening. Some would call it trea- Washington, DC. sonous. DEAR MADAM SPEAKER: Pursuant to the certainty. permission granted in Clause 2(h) of Rule II But what does this mean for working Marines volunteer to serve their country and spill their blood for this of the Rules of the U.S. House of Representa- Americans? Simply put, fewer jobs as tives, the Clerk received the following mes- employers make tough decisions about Nation. Berkeley ought to show more sage from the Secretary of the Senate on hiring and retention. Some say tax re- respect for our Armed Forces. February 5, 2008, at 10:24 a.m.: lief costs too much, but history since The Marines’ motto, ‘‘Semper That the Senate agreed to S.J. Res 25. That 2002 shows otherwise. Lower rates have Fidelis,’’ is ‘‘Always Faithful.’’ Al- the Senate passed S. 550. though Berkeley may not be faithful to Appointments: Washington’s Farewell Ad- unlocked billions in gains, boosting dress Federal revenues far beyond Congress’ the Marines, I can guarantee you that the City of Berkeley wouldn’t exist in With best wishes, I am projections which were made based on Sincerely, higher tax rates. a free country without the United LORRAINE C. MILLER, Lower taxes, higher revenues, and States Marines. Clerk of the House. greater growth for our economy and for The council needs to reverse this ab- f the American workers, Congress should surd decision. Their actions are offen- sive and obnoxious. COMMUNICATION FROM THE keep the capital gains rates constant. CLERK OF THE HOUSE f f The SPEAKER pro tempore laid be- HONORING FORMER OREGONIAN ANNOUNCEMENT BY THE SPEAKER fore the House the following commu- KEVIN BOSS PRO TEMPORE nication from the Clerk of the House of (Ms. HOOLEY asked and was given The SPEAKER pro tempore. Under Representatives: permission to address the House for 1 clause 5(d) of rule XX, the Chair an- HOUSE OF REPRESENTATIVES, minute and to revise and extend her re- nounces to the House that, in light of Washington, DC, February 4, 2008. Hon. NANCY PELOSI, marks.) the resignation of the gentleman from Speaker, House of Representatives, Ms. HOOLEY. Mr. Speaker, I rise Louisiana (Mr. BAKER), the whole num- Washington, DC. today to congratulate the New York ber of the House is 430. DEAR MADAM SPEAKER: Pursuant to the Giants on their upset of the New Eng- permission granted in Clause 2(h) of Rule II f land Patriots to win Super Bowl XLII. of the Rules of the U.S. House of Representa- With hometown pride in representing COMMUNICATION FROM THE tives, the Clerk received the following mes- Monmouth and Philomath, I want to CLERK OF THE HOUSE sage from the Secretary of the Senate on congratulate the Giants’ starting tight February 4, 2008, at 10:08 a.m.: The SPEAKER pro tempore laid be- That the Senate concurs in the House end in the Super Bowl, Kevin Boss, a fore the House the following commu- amendment to the Senate amendment to the graduate of Philomath High and West- nication from the Clerk of the House of bill H.R. 4253. ern Oregon University. Representatives: Appointments: United States-Japan Inter- Kevin was drafted as a backup to the parliamentary Group conference Giants’ four-time Pro Bowl tight end HOUSE OF REPRESENTATIVES, With best wishes, I am Washington, DC, January 30, 2008. Sincerely, Jeremy Shockey, but was thrust into Hon. NANCY PELOSI, the spotlight late in the season when LORRAINE C. MILLER, The Speaker, House of Representatives, Clerk of the House. Shockey broke his leg. Washington, DC. f It is apt that friends gathered at DEAR MADAM SPEAKER: Pursuant to the Rookies’ in Monmouth to cheer their permission granted in Clause 2(h) of Rule II APPOINTMENT OF MEMBER TO local son to victory. The Boss, as he is of the Rules of the U.S. House of Representa- COMMISSION ON CIVIL RIGHTS tives, the Clerk received the following mes- known, may be a rookie, but no one The SPEAKER pro tempore. Pursu- would have realized it from watching sage from the Secretary of the Senate on January 30, 2008, at 9:15 a.m.: ant to section 2 of the Civil Rights Sunday night’s game. That the Senate passed without amend- Commission Amendments Act of 1994 His biggest mark in the Super Bowl ment H.R. 5104. (42 U.S.C. 1975 note), the order of the came when he caught a 45-yard pass, That the Senate passed S. 2571. House of January 4, 2007, and upon the setting up the Giants’ first touchdown With best wishes, I am recommendation of the minority lead- of the game to take a 10–7 lead in the Sincerely, er, the Chair announces the Speaker’s fourth quarter. LORRAINE C. MILLER, Clerk of the House. appointment of the following member Despite being about as far away from on the part of the House to the Com- New York as one can be in the United f mission on Civil Rights to fill the ex- States, the towns of Philomath and isting vacancy thereon and, effective ANNOUNCEMENT BY THE SPEAKER Monmouth couldn’t be more proud. February 12, 2008, the Speaker’s re- PRO TEMPORE f appointment of the same member to a The SPEAKER pro tempore. Pursu- 6-year term expiring February 11, 2014: BERKELEY’S ACTIONS OFFENSIVE ant to clause 4 of rule I, the following Mr. Todd Gaziano, Falls Church, Vir- (Mr. SAM JOHNSON of Texas asked enrolled bills were signed by the ginia and was given permission to address Speaker on Wednesday, January 30, f the House for 1 minute and to revise 2008: and extend his remarks.) H.R. 5104, to extend the Protect COMMUNICATION FROM CONGRES- Mr. SAM JOHNSON of Texas. Mr. America Act of 2007 for 15 days SIONAL AIDE, HON. WILLIAM J. Speaker, you all know the Marine S. 2110, to designate the facility of JEFFERSON, MEMBER OF CON- Corps Hymn. It starts, ‘‘From the halls the United States Postal Service lo- GRESS of Montezuma to the shores of Tripoli, cated at 427 North Street in Taft, Cali- The SPEAKER pro tempore laid be- we fight our country’s battles in the fornia, as the ‘‘Larry S. Pierce Post Of- fore the House the following commu- air, on land, and sea.’’ fice’’. nication from Ericka Edwards-Jones,

VerDate Aug 31 2005 01:53 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.003 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H563 Congressional Aide, the Honorable WIL- path to balance the budget by 2012. Our achieving results—because good inten- LIAM J. JEFFERSON, Member of Con- formula for achieving a balanced budg- tions alone do not justify a program gress: et is simple: create the conditions for that is not working. HOUSE OF REPRESENTATIVES, economic growth, keep taxes low, and One of the best ways to reduce waste Washington, DC, January 28, 2008. spend taxpayer dollars wisely or not at and increase accountability is to make Hon. NANCY PELOSI, all. Federal spending more transparent. To Speaker, House of Representatives, As Commander in Chief, my highest help Americans see where their money Washington, DC. priority is the security of the Amer- DEAR MADAM SPEAKER: This is to notify is being spent, we have launched a ican people. So my Budget invests sub- website called www.USAspending.gov, you formally, pursuant to Rule VIII of the stantial resources to protect the Rules of the House of Representatives, that I and to help Americans see the kind of have received a subpoena for testimony United States from those who would do results they are getting for their issued by the U.S. District Court for the us harm. Continuing our Nation’s ef- money, we launched Eastern District of Virginia. forts to combat terrorism around the www.ExpectMore.gov. I invite all After consultation with the Office of Gen- globe, my Budget provides our men and Americans to log on and find out for eral Counsel, I have determined that compli- women in uniform the tools they need ance with the subpoena is consistent with themselves how their hard-earned tax to succeed in Afghanistan and Iraq, and dollars are being spent. the precedents and privileges of the House. it furnishes the resources needed for Sincerely, our civilians to help those nations Billions of those tax dollars go to ERICKA EDWARDS-JONES, something called earmarks. Earmarks Congressional Aide. achieve economic and political sta- bilization. My Budget also strengthens are special-interest items that are f our overseas diplomatic capabilities slipped into big spending bills or com- COMMUNICATION FROM LEGISLA- and development efforts, advances our mittee reports, often at the last hour, TIVE DIRECTOR, HON. WILLIAM political and economic interests without discussion or debate. Last Jan- J. JEFFERSON, MEMBER OF CON- abroad, and improves the lives of peo- uary, I asked the Congress to reform GRESS ple around the world. earmarks, and lawmakers took some modest steps in that direction. But The SPEAKER pro tempore laid be- Here at home, we are blessed to live they failed to end the practice of con- fore the House the following commu- in a country that rewards hard work cealing earmarks in report language— nication from Angelle B. Kwemo, Leg- and innovation. In our flexible and dy- and they continued to fund thousands islative Director, the Honorable WIL- namic economy, people can pursue of them. So I will take steps to advance LIAM J. JEFFERSON, Member of Con- their dreams, turn ideas into enter- earmark reform. I also call on the Con- gress: prises, and provide for their families. As we look back over the past 7 gress to adopt the legislative line-item HOUSE OF REPRESENTATIVES, veto, which gives the legislative and Washington, DC, January 29, 2008. years, we see the economy has success- executive branches a tool to help elimi- Hon. NANCY PELOSI, fully responded to substantial chal- Speaker, House of Representatives, lenges, including a recession terrorist nate wasteful spending. Common-sense Washington, DC. attacks, corporate scandals, wars, and reform will help prevent billions of tax- DEAR MADAM SPEAKER: This is to notify devastating natural disasters. It is a payers’ dollars from being spent on un- you formally, pursuant to Rule VIII of the measure of our economy’s resilience necessary and unjustified projects. Rules of the House of Representatives, that I and the effectiveness of pro-growth As we take these steps to address dis- have received a subpoena for testimony policies that our economy has absorbed issued by the U.S. District Court for the cretionary spending, we also need to Eastern District of Virginia. these shocks, grown for 6 straight confront the biggest challenge to the After consultation with counsel, I have de- years, and had the longest period of un- Federal budget: the unsustainable termined that compliance with the subpoena interrupted job growth on record. Yet growth in entitlement spending. Many is consistent with the precedents and privi- mixed indicators confirm that eco- Americans depend on programs like leges of the House. nomic growth cannot be taken for Social Security, Medicare, and Med- Sincerely, granted. To insure against the risk of icaid, and we have an obligation to ANGELLE B. KWEMO, an economic downturn, I will work Legislative Director. make sure they are sound for our chil- with the Congress to pass a growth dren and grandchildren. If we do not f plan that will provide immediate, address this challenge, we will leave BUDGET OF THE UNITED STATES meaningful, and temporary help to our our children three bad options: huge GOVERNMENT FOR FISCAL YEAR economy. tax increases, huge deficits, or huge 2009—MESSAGE FROM THE PRESI- Americans have real concerns about cuts in benefits. The longer we put off DENT OF THE UNITED STATES their ability to afford healthcare cov- the problem, the more difficult, unfair, (H. DOC. NO. 110–84) erage, pay rising energy bills, and meet and expensive a solution becomes. monthly mortgage payments. They ex- The SPEAKER pro tempore laid be- pect their elected leaders in Wash- My Budget works to slow the rate of fore the House the following message ington to address these pressures on growth of these programs in the short from the President of the United our economy. So my Budget puts forth term, which will save $208 billion over States; which was read and, together proposals to make health care more af- 5 years. This step alone would reduce with the accompanying papers, without fordable and accessible, reduce our de- Medicare’s 75-year unfunded obligation objection, referred to the Committee pendence on oil, and help Americans by nearly one-third. My Administra- on Appropriations and ordered to be struggling to keep their homes. tion cannot solve this problem alone, printed: Above all, my Budget continues the though. We need a commitment from To the Congress of the United States: pro-growth policies that have helped the Congress to reform and improve At www.budget.gov, Americans will promote innovation and entrepreneur- these vital programs so they can serve find the budget of the Federal Govern- ship. I will not jeopardize our country’s future generations of Americans. ment for Fiscal Year 2009. Two key continued prosperity with a tax in- In my 2009 Budget, I have set clear principles guided the development of crease. Higher taxes would only lead to priorities that will help us meet our my Budget—keeping America safe and more wasteful spending in Wash- Nation’s most pressing needs while ad- ensuring our continued prosperity. ington—putting at risk both economic dressing the long-term challenges As we enter this New Year, our econ- growth and a balanced budget. ahead. With pro-growth policies and omy retains a solid foundation despite As we work to keep taxes low, we spending discipline, we will balance the some challenges, revenues have must do more to restrain spending. My budget in 2012, keep the tax burden reached record levels, and we have re- Budget proposes to keep non-security low, and provide for our national secu- duced the Federal deficit by $250 billion discretionary spending growth below 1 rity. And that will help make our coun- since 2004. Thanks to the hard work of percent for 2009 and then hold it at that try safer and more prosperous. the American people and spending dis- level for the next 4 years. It also cuts GEORGE W. BUSH. cipline in Washington, we are now on a spending on projects that are not THE WHITE HOUSE, February 4, 2008.

VerDate Aug 31 2005 01:53 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.006 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H564 CONGRESSIONAL RECORD — HOUSE February 6, 2008 b 1415 New Hampshire (Mr. HODES) and the Ms. FOXX. Mr. Speaker, I yield my- ANNOUNCEMENT BY THE SPEAKER gentlewoman from North Carolina (Ms. self as much time as I may consume. Mr. Speaker, I rise in support of H. PRO TEMPORE FOXX) each will control 20 minutes. The Chair recognizes the gentleman Con. Res. 273, which recognizes the 50th The SPEAKER pro tempore. Pursu- from New Hampshire. anniversary of the National Academy ant to clause 8 of rule XX, the Chair GENERAL LEAVE of Recording Arts & Sciences. will postpone further proceedings Mr. HODES. Mr. Speaker, I ask unan- Mr. Speaker, while the music indus- today on motions to suspend the rules imous consent that all Members may try has changed and continues to on which a recorded vote or the yeas have 5 legislative days in which to re- change over the years, its importance and nays are ordered, or on which the vise and extend their remarks. to the lives of Americans has not. vote is objected to under clause 6 of The SPEAKER pro tempore. Is there Songs provide inspiration, evoke fond rule XX. objection to the request of the gen- memories, and even comfort us during Record votes on postponed questions tleman from New Hampshire? times of need. will be taken after 6:30 p.m. today. There was no objection. In addition to entertaining us, we f Mr. HODES. Mr. Speaker, I yield my- should also be mindful of the music in- self as much time as I may consume. dustry’s role in our Nation’s economy, RECOGNIZING THE 50TH ANNIVER- accounting for some $11.5 billion annu- SARY OF THE NATIONAL ACAD- Mr. Speaker, as a member of the House Committee on Oversight and ally. Moreover, this sector of our econ- EMY OF RECORDING ARTS AND omy provides jobs to thousands of sing- SCIENCES Government Reform, I’m pleased to join my colleagues in the consideration ers, songwriters, musicians, producers Mr. HODES. Mr. Speaker, I move to of House Concurrent Resolution 273, and other recording professionals. suspend the rules and agree to the con- which acknowledges the 50th anniver- In 1957, the National Academy of Re- current resolution (H. Con. Res. 273) sary of the National Academy of Re- cording Arts & Sciences was formed to recognizing the 50th Anniversary of the cording Arts & Sciences. honor the most talented music makers National Academy of Recording Arts & House Concurrent Resolution 273 was by creating the world’s most pres- tigious music award, known as the Sciences. introduced by Representative MARY Grammy Award. The Clerk read the title of the con- BONO MACK of California on December This unique award is not based on current resolution. 19, 2007, and was considered by and re- sales, popularity or consumer taste but The text of the concurrent resolution ported from the Oversight Committee is given as a peer award by artists for is as follows: on January 29, 2008, by voice vote. artists. The award also continues to be H. CON. RES. 273 The measure has the support of over the only peer-presented award to honor Whereas, in 1957, a group of visionary lead- 60 Members of Congress, and provides the achievement, technical proficiency ers gathered at the famed Brown Derby in our body a collective opportunity to and overall excellence in the recording Los Angeles to form The National Academy both recognize and congratulate the of Recording Arts & Sciences; industry. National Academy of Recording Arts & The Recording Academy’s responsi- Whereas The Recording Academy soon cre- Sciences on its 50th anniversary ated the GRAMMY Award which is the bility for the Grammys is only the tip world’s most visible and prestigious award Grammy Awards celebration. of the iceberg. The academy has also for music; Established in 1957, the National expanded its scope beyond recognizing Whereas the GRAMMY was created as a Academy of Recording Arts & Sciences, the best in music to include peer award, given by music makers, for also known as the Recording Academy, groundbreaking professional develop- music makers, to honor the highest quality serves as the premier organization of ment, cultural enrichment, advocacy, recording music of the year without regard musicians, producers, recording engi- to sales or chart position; education and human services pro- neers and other recording professionals grams. In time, the Grammy Founda- Whereas The Recording Academy expanded dedicated to improving the quality of its mission beyond recognition of musical tion was created to recognize the sig- excellence to include groundbreaking profes- life and cultural conditions of others nificant contributions music has made sional development, cultural enrichment, ad- through music and the arts. As a pro- to American culture and its impact on vocacy, education, and human services pro- ducer of recordings myself, I am espe- all of our citizens in the past, present grams; cially aware of the academy’s fine and and future. Whereas through its 12 chapters across important work. Another aspect of the academy’s out- America, The Recording Academy serves The Recording Academy is best reach is MusiCares. Through the efforts more than 18,000 musicians, singers, song- known for its presentation of the of this program, a wide range of finan- writers, producers, engineers, and other Grammy Awards, which is the only cial, medical and personal emergencies music professionals; peer-presented award ceremony to Whereas, in 1989, The Recording Academy for many struggling artists in the Na- created the GRAMMY Foundation to cul- honor artistic achievement, technical tion’s music community are covered. tivate the understanding, appreciation, and proficiency and overall excellence in MusiCares also provides educational advancement of the contribution of recorded the recording industry without regard programs that are found throughout music to American culture, from the artistic to album sales or chart position. the country that focus on the preserva- and technical legends of the past to the still In addition to the Grammys, the Re- tion of our musical heritage. unimagined musical breakthroughs of future cording Academy is also known for its Through its 12 chapters across the generations of music professionals; philanthropic efforts to cultivate the United States, the Recording Academy Whereas that same year, The Recording understanding, appreciation and ad- Academy created MusiCares, to provide a impacts the music community at large safety net of critical assistance for music vancement of the recording industry’s by working diligently to protect the people in times of need; contributions to American culture music creators through strong intellec- Whereas the GRAMMYs on the Hill Initia- through music and education programs tual property rights, addressing the le- tive, based in Washington, DC, works to ad- offered by the Grammy Foundation. gality of downloading and purchase of vance the rights of the music community Mr. Speaker, I’m sure we all agree music on the Internet, as well as music through advocacy, education, and dialogue; that the Recording Academy has made preservation and music education. and a significant contribution to the land- I urge my colleagues to support this Whereas through this initiative, The Re- scape of our country. For its service in concurrent resolution congratulating cording Academy has become a leading advo- cate for music makers: Now, therefore, be it improving the environment for music, the Recording Academy during its 50th Resolved by the House of Representatives (the music makers and music lovers over Grammy celebration, and recognizing Senate concurring), That Congress congratu- the past 50 years, the Recording Acad- its important contribution to the suc- lates The Recording Academy during its 50th emy is undoubtedly deserving of rec- cess and vitality of music makers. GRAMMY celebration for its important work ognition. Therefore, I urge swift pas- Mrs. BONO MACK. Mr. Speaker, this week- in improving the environment for music and sage of House Concurrent Resolution end millions of Americans will view the music makers. 273. Grammy Awards Gala and I rise today to rec- The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of ognize a most important milestone for the or- ant to the rule, the gentleman from my time. ganization responsible for this program.

VerDate Aug 31 2005 04:48 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.009 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H565 I would first like to take this opportunity to feating the New England Revolution by a title requires hard work, sacrifice, and thank the Majority Leader and his staff for score of 2–1 at RFK Stadium on November 18, innate desire to win. working together with my office on this concur- 2007; The Houston Dynamo, led by 2005 rent resolution. Additionally, I would like to Whereas as the Houston Dynamo came MLS Coach of the Year Dominic back from a 1–0 halftime deficit to defeat the Kinnear, have clearly demonstrated thank him for his steadfast commitment to the Revolution; Recording Arts and Sciences Caucus of which Whereas as Dwayne De Rosario, assisted on their commitment to these ideals as we both serve as co-chairs. the tying goal to Joseph Ngwenya, scored they not only hold the 2007 MLS Cham- Today I am joined by over 60 of my col- the winning goal and was named the game’s pionship Cup but are also the proud leagues—on both sides of the aisle—as I put MVP; winners of the 2006 MLS Championship forth this concurrent resolution which recog- Whereas as the Houston Dynamo were Cup as well. nizes the contributions the National Academy playing without Brian Ching, the MVP of The Dynamo’s recent wins mark the of Recording Arts and Sciences has made to last year’s MLS Cup due to injury; first time in 10 years that a team has our country over the last half century. Whereas as the Houston Dynamo has won won back-to-back MLS Cups. For this It is indeed an honor to celebrate this anni- the Major League Soccer Cup for the second accomplishment, Mr. Speaker, we versary as we acknowledge that is has been consecutive year; stand to commend the Dynamo, their 50 years since the Recording Academy was Whereas as the Houston Dynamo is the first team to win back-to-back MLS Cups in players, coaches and supportive fans on formed. Throughout that time the Recording 10 years; a job well done. Academy has expanded its mission beyond a Whereas as the Houston Dynamo have won I urge the passage of this measure. peer music award to include professional de- the MLS Cup in their first 2 years of exist- Mr. Speaker, I reserve the balance of velopment, cultural enrichment, advocacy, ence in Houston; my time. education, and human services programs. Whereas Houston Dynamo Coach Dominic Ms. FOXX. Mr. Speaker, I yield my- These programs are helping develop and Kinnear has guided the team to 26 wins, 20 self as much time as I may consume. nurture the music industry and most impor- draws, and 16 losses in his first 2 seasons in Mr. Speaker, I rise today in favor of tantly the musicians who make up that indus- Houston; and H. Res. 867 which congratulates the try. The impact this has had on music and the Whereas Houston Dynamo defender Eddie Houston Dynamo for winning its sec- arts in the United States cannot be overstated. Robinson and midfielder Dwayne De Rosario ond straight Major League Soccer At its core, the Recording Academy’s sup- were named to the 2007 MLS Best XI all-star team: Now, therefore, be it championship. port for the individual recording professional Resolved, That the House of Representa- Early in the season, the Dynamo has been and is essential to the creative life tives— team members weren’t so much wor- of our Nation. The Recording Academy’s con- (1) commends the Houston Dynamo soccer ried about defending their title as stant push for the advancement of the rights team for winning the 2007 MLS Cup; and merely maintaining respectability. of musicians, songwriters, singers, producers, (2) congratulates the team for back-to- They brought a 2–4–1 record into Wash- and other recording professionals is essential back MLS Cup wins in their first 2 seasons in ington’s RFK stadium, less than two to the future health and sustainability of the Houston. miles from where we stand right now, music community. Thankfully, the Recording The SPEAKER pro tempore. Pursu- on May 26. Academy is there everyday, championing ant to the rule, the gentleman from Though they lost by the score of 2–1 these worthy causes and educating all of us New Hampshire (Mr. HODES) and the that night, to a man, they agreed that about their importance. gentlewoman from North Carolina (Ms. was the game when things turned As such, I am proud to have authored FOXX) each will control 20 minutes. around. House Concurrent Resolution 273 which rec- The Chair recognizes the gentleman The Dynamo did not lose again until ognizes the 50th Anniversary of the National from New Hampshire. July 10, a period that covered 12 games. Academy of Recording Arts and Sciences. GENERAL LEAVE After that, they went six more games Thank you, Mr. Speaker, and I ask for the Mr. HODES. Mr. Speaker, I ask unan- without a loss. By then, they were back support of Members from both sides of the imous consent that all Members may where they belonged, atop the MLS aisle for H. Con. Res. 273, legislation I’m have 5 legislative days in which to re- standings. proud to have authored. The key for this team, from all ac- Ms. FOXX. Mr. Speaker, I yield back vise and extend their remarks. The SPEAKER pro tempore. Is there counts, was its defense. The Dynamo the balance of my time. scored 43 goals in 30 games. Not out- Mr. HODES. Mr. Speaker, I yield objection to the request of the gen- standing for a league champion, but it back the balance of my time. tleman from New Hampshire? The SPEAKER pro tempore. The There was no objection. allowed just 23 goals as opponents wore question is on the motion offered by Mr. HODES. Mr. Speaker, I yield as defenders from all three lines of the the gentleman from New Hampshire much time to myself as I may con- Dynamo attack like a cheap suit for (Mr. HODES) that the House suspend the sume. most of the season. rules and agree to the concurrent reso- Mr. Speaker, as a member of the Brian Ching, Stuart Holden, Eddie lution, H. Con. Res. 273. House Committee on Oversight and Robinson, Ricardo Clark, Brad Davis, The question was taken; and (two- Government Reform, I’m pleased to and Patrick Ianni formed the backbone thirds being in the affirmative) the join my colleagues in the consideration of those three lines. Pat Onstead, who rules were suspended and the concur- of House Resolution 867, which provides help the team set a league record for rent resolution was agreed to. for the recognition of the Dynamo soc- best goal-against average, 0.73 per A motion to reconsider was laid on cer team, out of Houston, Texas, for game, provided other-worldly goal- the table. their recent 2007 MLS championship keeping. The season was not without its f win. House Resolution 867 was introduced drama. After recovering from the slow COMMENDING THE HOUSTON DY- by Representative GENE GREEN of start, the Dynamo again flirted with NAMO SOCCER TEAM FOR WIN- Texas on December 11, 2007, and was elimination when it lost to FC Dallas, NING THE 2007 MAJOR LEAGUE considered by and reported from the 1–0, in its first playoff game and trailed SOCCER CUP House Committee on Oversight on Jan- 1–0 and faced elimination in its second. Mr. HODES. Mr. Speaker, I move to uary 29, 2008, by voice vote. But the Dynamo then buried Dallas in suspend the rules and agree to the reso- a four-goals-in-30-minutes barrage and b 1430 lution (H. Res. 867) commending the never looked back. It beat New Eng- Houston Dynamo soccer team for win- The measure has the support and co- land in the finals 3–0. Does this sound ning the 2007 Major League Soccer Cup. sponsorship of nearly 55 Members of familiar? The Clerk read the title of the resolu- Congress, and its consideration today The Dynamo showed what can hap- tion. on the House floor allows our entire pen when the team recognizes its weak- The text of the resolution is as fol- body the chance to commend the Dy- nesses and buys into a plan to fix them. lows: namo on winning the coveted MLS Congratulations to Coach Dominic H. RES. 867 Cup. As is the case in most professional Kinnear and his players for showing Whereas the Houston Dynamo soccer team sporting or athletic leagues, ultimate what can happen when we pull together won the 2007 Major League Soccer Cup, de- success or winning of a championship and rise above.

VerDate Aug 31 2005 04:48 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.014 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H566 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Mr. Speaker, I reserve the balance of resolution congratulating the Houston The Clerk read the title of the resolu- my time. Dynamos on their 2007 Major League tion. Mr. HODES. Mr. Speaker, I yield to Soccer Cup victory. The text of the resolution is as fol- my distinguished colleague from Texas Ms. JACKSON-LEE of Texas. Mr. Speaker, lows: (Mr. GENE GREEN) so much time as he I rise in strong support of H. Res. 867 com- H. RES. 942 may consume. mending the Houston Dynamo for winning the Whereas the first Africans were brought in- Mr. GENE GREEN of Texas. Mr. 2007 Major League Soccer Cup. I would first voluntarily to the shores of America as early Speaker, I would like to thank my col- like to commend our distinguished colleague as the 17th century; league and both the Government Re- GENE GREEN of the 29th Congressional Dis- Whereas these Africans in America and form Committee and Rules Committee trict of Texas for introducing this important res- their descendents are now known as African- Americans; for allowing this resolution to be con- olution. The Houston Dynamo has consistently sidered today. I urge my colleagues to Whereas African-Americans suffered invol- strived for excellence and dominated the MLS untary servitude and subsequently faced the join me in supporting it. playoffs for 2 consecutive years and I am The Dynamo soccer team arrived in injustices of lynch mobs, segregation, and happy to commend them for their efforts. denial of basic, fundamental rights; Houston just 2 years ago, and in the The Dynamo played their first game on April Whereas despite involuntary servitude, Af- team’s first two seasons, they won 2, 2006, in front of a crowd of 25,462 in Rob- rican-Americans have made significant con- back-to-back MLS Cups. The Dynamo ertson Stadium. The Dynamo finished their tributions to the economic, educational, po- are the first team to do so in over a first season in Houston with an 11–8–13 litical, artistic, literary, religious, scientific, and technological advancement of the Amer- decade and have immediately drawn a record, earning them second place in the huge fan base in Houston for their suc- icas; Western Conference. On November 12, 2006, Whereas in the face of injustices, United cess. at Pizza Hut Park in Frisco, Texas, the Hous- Dynamo coach Dominic Kinnear has States citizens of good will and of all races ton Dynamo defeated the New England Revo- guided the team to 26 wins, 20 draws, distinguished themselves with their commit- lution in an exciting match decided by the first ment to the noble ideals upon which the and 16 losses in its first two seasons in United States was founded and courageously Houston. The Cup win this season came shootout in MLS history, 4–3 on penalty kicks after a 1–1 tie to win the 2006 MLS Cup. fought for the rights and freedom of African- over the New England Revolution, the Americans; same team the Dynamo defeated in 2006 After regrouping in 2007 and pulling off a win against rival FC Dallas, Houston began an Whereas Dr. Martin Luther King Jr. lived to win their first MLS Cup and the 2007 and died to make real these noble ideals; match to an attendance of merely winning streak of 11 games and a shutout Whereas the birthdays of Abraham Lincoln 40,000. The 2007 Cup win was a come- streak of 726 minutes, a new MLS record. and Fredrick Douglass inspired the creation from-behind victory in which Dwayne They finished in second place in the regular of Negro History Week, the precursor to De Rosario assisted on the tying goal season in the Western Conference, advancing Black History Month; Whereas Negro History Week represented to Joseph Ngwenya, and scored the to the 2007 MLS Cup Playoffs, where they met State rivals FC Dallas in the first round. the culmination of Dr. Carter G Woodson’s winning goal to take home the most efforts to enhance knowledge of black his- valuable player honors from the match. Just like in 2006, they faced the New England Revolution for the championship, and won it tory started through the Journal of Negro The Dynamo managed to accomplish History, published by Woodson’s Association this without the most valuable player 2–1 on a game-winning goal by Dwayne De for the Study of African-American Life and from their 2006 Cup win, Brian Ching, Rosario in the second half, thus winning their History; and who was sidelined with an injury. second MLS Cup in a row. Whereas the month of February is offi- Texas and Houston have a long his- As a native Houstonian I am proud to honor cially celebrated as Black History Month, tory of being a football State and town, the Houston Dynamo for their sheer domi- which dates back to 1926, when Dr. Carter G. but I first learned about soccer when I nance since the premiere of MLS soccer in Woodson set aside a special period of time in was in college playing goalie just dur- the United States. I strongly urge the commu- February to recognize the heritage and nity to support the Houston Dynamo as they achievement of Black Americans: Now, ing college sports. My two children therefore, be it grew up playing soccer in the 1980s will need it to sustain the expectations they Resolved, That the House of Representa- when they were young in Houston. have already lived up to. I strongly support tives— Over the years, I watched soccer grow this resolution and I urge my colleagues to do (1) recognizes the significance of Black not only in the suburbs but also in the the same. History Month as an important time to rec- very inner city, and you can hardly Ms. FOXX. Mr. Speaker, I urge the ognize the contributions of African-Ameri- have a flat field, flat surface, without passage of H. Res. 867, and I yield back cans in the Nation’s history, and encourages the continued celebration of this month to having soccer goals put up. the balance of my time. Mr. HODES. Mr. Speaker, I yield provide an opportunity for all peoples of the Today in our district and throughout United States to learn more about the past the Houston area, countless numbers of back the balance of my time. and to better understand the experiences children have played and become soc- The SPEAKER pro tempore. The that have shaped the Nation; and cer fans, and the Dynamos’ success question is on the motion offered by (2) recognizes that the ethnic and racial di- since arriving in Houston greatly in- the gentleman from New Hampshire versity of the United States enriches and creased the interest in the game. (Mr. HODES) that the House suspend the strengthens the Nation. Four of the Dynamo stars, Brad rules and agree to the resolution, H. The SPEAKER pro tempore. Pursu- Davis, Eddie Robinson, Ricardo Clark, Res. 867. ant to the rule, the gentleman from and Stuart Holden, have been selected The question was taken. New Hampshire (Mr. HODES) and the for the U.S. Men’s National Team ros- The SPEAKER pro tempore. In the gentleman from Florida (Mr. FEENEY) ter that will face Team Mexico at Reli- opinion of the Chair, two-thirds being each will control 20 minutes. ant Stadium tonight in Houston. This in the affirmative, the ayes have it. The Chair recognizes the gentleman is the most players of any club rep- Mr. HODES. Mr. Speaker, on that I from New Hampshire. resented on our national team, and it demand the yeas and nays. GENERAL LEAVE includes the Houston native, Stuart The yeas and nays were ordered. Mr. HODES. Mr. Speaker, I ask unan- Holden, who played his high school soc- The SPEAKER pro tempore. Pursu- imous consent that all Members may cer in Houston. ant to clause 8 of rule XX and the have 5 legislative days in which to re- The U.S.-Mexico soccer rivalry is one Chair’s prior announcement, further vise and extend their remarks. of the biggest matches the team plays proceedings on this motion will be The SPEAKER pro tempore. Is there and always draws enormous crowds and postponed. objection to the request of the gen- a large television following. f tleman from New Hampshire? We wish the players luck tonight in There was no objection. their match and congratulate the Dy- RECOGNIZING THE SIGNIFICANCE Mr. HODES. Mr. Speaker, I yield to namos on their past success and look OF BLACK HISTORY MONTH myself as much time as I may con- forward to their continued success in Mr. HODES. Mr. Speaker, I move to sume. 2008. suspend the rules and agree to the reso- Mr. Speaker, as a member of the Again, Mr. Speaker, I urge my col- lution (H. Res. 942) recognizing the sig- House Committee on Oversight and leagues to join me in supporting this nificance of Black History Month. Government Reform, I am pleased to

VerDate Aug 31 2005 03:44 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.013 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H567 join my colleagues in the consideration can Americans that have enriched our more specifically, Africans in America of H. Res. 942 which calls for Congress culture and our heritage. We must con- today. This month allows us, and to recognize the significance of Feb- tinue to learn the historical struggles through this resolution we are allowed, ruary as Black History Month. of African American citizens in order to talk about some of the great accom- H. Res. 942 was introduced by Rep- to better understand the experiences plishments of African Americans, and resentative AL GREEN of Texas on Jan- that have shaped this Nation. Mr. FEENEY has been so generous with uary 28, 2008, and was considered by There have been great activists, poli- his compliments and the persons that and reported from the Oversight Com- ticians, artists, writers, poets, sci- he has named. My colleague has been mittee on January 29, 2008, by voice entists, economists, athletes, enter- very generous with his compliments as vote. The measure has the support and tainers, and musicians that have all well. cosponsorship of 55 Members of Con- bettered our way of life. The achieve- b 1445 gress, yet gives us all an opportunity ments of so many have encouraged to- to pay tribute to the remarkable con- day’s youth to strive for a more equal But I want to name just a few more, tributions African Americans have and free country. because at a time like this, on occa- made to America’s growth, develop- It is impossible to celebrate Black sions like this, we want to make sure ment, and rich history. History Month without mentioning that we say as much as we can, under- As we are aware, February marks the such noted leaders as Frederick Doug- standing that we cannot say enough. beginning of Black History Month, lass, Harriet Tubman, Rosa Parks, So on occasions such as this, we’d which was first celebrated as Negro Thurgood Marshall, and, once again, like to at least mention the prolific po- History Week in 1926 by Carter G. Dr. King himself. Their historic efforts etry of Phyllis Wheatley. We want to Woodson, a noted African American au- inspired a Nation and brought past in- say that there was the scientific genius thor and scholar, but has since become justices to light, bringing forth begin- of Benjamin Banneker, who, by the a month-long commemorative celebra- ning to an end of racial inequality. way, was self-educated, a self-educated tion as a way of recognizing and high- When Harvard scholar Dr. Carter G. scientist, astronomer and inventor. lighting the role black Americans have Woodson had the idea to create a week- We’d like to mention the legal bril- played in America since the existence long celebration of black history back liance of Macon B. Allen, who became of our country and the role they con- in 1926, his goal was to ‘‘make the the first African American admitted to tinue to play on a daily basis. world see the Negro as a participant, the bar in the United States in 1845. Across our great land, Black History rather than as a lay figure in history.’’ We should mention the colossal cour- Month is marked by the offering of Over time, it has become the month- age of Harriet Tubman, who, with her educational and cultural programs, long commemoration that it is today, Underground Railroad, took persons heightened media coverage and special and it is with great pleasure that I from slavery to freedom. And we have celebrations and events, all designed to speak today in support of H. Res. 942. to mention that she didn’t do it alone. share with the world the strength, in- Mr. Speaker, I reserve the balance of African Americans are not free because genuity, and accomplishments of our my time. they were able to extricate themselves fellow American citizens. Mr. HODES. Mr. Speaker, I yield 6 from slavery; they are free because Mr. Speaker, as we move to recognize minutes to my distinguished colleague they had help along the way from per- Black History Month and this year’s from Texas (Mr. AL GREEN) and, in sons of good will of all ethnicities and theme of ‘‘Carter G. Woodson and the doing so, commend him for his extraor- races, all genders. People of good will Origins of Multiculturalism in Amer- dinary leadership in introducing this have been of service in this fight for ica,’’ let’s all recall the experiences resolution and his service to the United freedom for African Americans, and we and valuable contributions of African States. should never have this kind of celebra- Americans to our fine country. Let us Mr. AL GREEN of Texas. Mr. Speak- tion and not mention the fact that we not forget that black history is truly er, I thank the gentleman for his very are here because there were many oth- American history. kind words and compliment him on the ers who made it possible for us to have And with that, Mr. Speaker, I urge outstanding job that he is doing in the the opportunities we have. Many lived the swift passage of H. Res. 942. United States Congress, and I’m always and died, and they were not all African Mr. Speaker, I reserve the balance of honored to have the opportunity to Americans. my time. serve and work with the gentleman. On occasions such as this, we men- Mr. FEENEY. Mr. Speaker, I yield I also thank my colleague on the tion the political prowess of P.B.S. myself such time as I may consume. other side of the aisle who has gra- Pinchback, who was the first African I’m honored to speak today in support ciously helped us with this resolution American elected Governor to become of H. Res. 942, recognizing the signifi- and helped us bring it to the floor. Governor of a State; he became Gov- cance of Black History Month, spon- This resolution has received bipar- ernor of the State of Louisiana in 1872. sored by my distinguished colleague tisan support. I can say with a great These are some of the notables that from Texas (Mr. AL GREEN). degree of sincerity that not one Mem- we mention. But we should also men- Just a few weeks ago, we celebrated ber that I approached about signing on tion that African Americans answered the life and accomplishments of one to this resolution had any reservation, the clarion call to serve the Nation in great man, Rev. Martin Luther King, hesitation, or consternation. Every times of war. They were there at the Jr., and today we pay tribute to the Member saw this as a worthwhile reso- Boston Massacre. You will recall that contributions all African Americans lution, and I want to thank all of the Crispus Attucks was the first person have made to this great country. Members who are now supporting it killed, an African American. They were Each February we express our appre- and who will vote for it. there at the Revolutionary War. Five ciation of the struggles, determination, I also am honored to make this ex- thousand slaves and freedmen fought in and perseverance of the African Amer- pression of appreciation on behalf of the Revolutionary War, with the Conti- ican community of the past and the millions of Africans who are in nental Army, with the Navy, and with present. Nothing serves as a better ex- America and who are known as African the militia in the Revolutionary War. ample of this than the civil rights Americans. They cherish this day. This They were there in World War I; movement itself. day means something to persons in the 350,000 African Americans were there in Rev. King would tell you that it was African American community. So they, World War I to serve our country. In not the sole efforts of one man but the too, would express appreciation, and I World War II, 2.5 million registered, collective work of many that achieved do so as one of their representatives in and approximately 1 million served. so much. Without the civil rights the United States Congress. And, of course, we can never forget the movement, our Nation would not have Mr. Speaker, this resolution gives us Tuskegee Airmen. They were not only the strong diversity of which it is so an opportunity to tell a portion of the there but they were so outstanding proud. greatest story never told. One of the that the President of the United States Beyond this, February is also a time great stories in world history is the came to these Halls and presented to recognize the contributions of Afri- story of Africans in the Americas and, them a Congressional Gold Medal.

VerDate Aug 31 2005 03:44 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.015 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H568 CONGRESSIONAL RECORD — HOUSE February 6, 2008 America is not a perfect Nation, but midst. He is a native Washingtonian. month for even the best student of his- it does provide the means by which we He graduated from Dunbar High tory to appreciate all of the great can strive for perfection. And I am so School, the same high school I at- things that African Americans have honored that by passing this resolu- tended; served in World War II in the contributed to America. I would note tion, we continue to reach for the ulti- segregated 366th; went to Howard Uni- that later this afternoon the House will mate perfection in the United States of versity and Howard law school, lived a be considering House Resolution 943, America. segregated life his whole life. Then which is the 22nd anniversary of the Mr. HODES. Mr. Speaker, at this when he got out of the Army and got Challenger disaster. And among the time, I am proud to yield 7 minutes to out of law school, he went to seek his American heroes that perished that my distinguished colleague, Represent- fortune, not in his hometown, but in day was astronaut Ronald McNair, ative Eleanor Holmes Norton, who has Massachusetts, where he practiced law who, in fact, was an African American. represented the City of Washington, DC and then had the audacity to run for Mr. TERRY. Mr. Speaker, I rise today in for many years and is known univer- office in a State where his party was support of H. Res. 942, a resolution recog- sally as a passionate advocate for truth pitifully outnumbered and in a State nizing the significance of Black History Month. and justice. where he had to risk race when few had It is a time to reflect on and honor the im- Ms. NORTON. I thank the gentleman done so. portant contributions African-Americans have from New Hampshire (Mr. HODES) for He tells the fascinating story of his made to our Nation. We should especially take that generous introduction. And I life in his own autobiography called note of the extraordinary people who continue thank my good friend, Mr. FEENEY ‘‘Bridging the Divide.’’ It was published to help build our great Nation. from Florida, for also coming forward in 2006. And that’s exactly what Sen- Of the thousands of African-Americans in and robustly leading this bill forward ator Brooke did. He bridged the divide, my District, I have the privilege of representing today. We all owe thanks to the gen- brought Democrats and Republicans two individuals and an outstanding group: tleman from Texas (Mr. AL GREEN), together, brought blacks and whites to- Marguerita Washington and Rudy Smith, both from whom we’ve just heard, who is the gether, and became a history maker of of Omaha, and the Alfonza W. Davis chapter sponsor of this particular resolution. the first order and one who served in of the Tuskegee Airmen, based in Omaha. Dr. Marguerita Washington is the editor of Mr. Speaker, I come to the floor to the Congress of the United States. make, perhaps, an unusual point. Dur- I must say that the President has al- the Omaha Star newspaper in Omaha. The ing Black History Month, we should re- ready understood his significance in paper has been in existence for more than 69 member that black history is still American history because a few years years and is Nebraska’s largest African-Amer- ican newspaper. The policy of the Omaha Star being made. The best evidence, of ago, President Bush awarded Senator has been to print only positive news and to be course, is that an African American is Brooke the highest national honor, the a vigilant champion for African-American close to, perhaps, getting the Demo- Presidential Medal of Honor. And, once progress. The paper is located in the heart of cratic nomination for President. This more, the Senate has the jump on us. breakthrough is not surprising when Omaha’s African-American community. Of course, Edward Brooke was a Mem- The Omaha Star was founded by the late you consider that we are still living in ber of the Senate, but the Senate has Mildred D. Brown in 1938. She is believed to a period for black history-making be- unanimously voted that Senator be the first female, certainly the first African- cause the shackles of segregation and Brooke should receive the highest con- American woman, to have founded a news- of nationwide discrimination were re- gressional honor, the Congressional paper in the Nation’s history. When Mrs. moved only about 40 years ago. So you Gold Medal. These are the highest hon- Brown expired unexpectedly in 1989, the will hear many firsts, many record- ors that each branch of government paper was then placed in the very capable breakers continue to come forward for can offer. hands of Dr. Marguerita Washington, her years to come. I can think of no better way for the niece, who now heads the newspaper. We don’t really have to go to the his- Congress to celebrate Black History Dr. Washington and the Omaha Star work tory books in the 19th century, and Month, not in talking about black his- for equal rights for all; the paper was on the earlier, to find history makers who tory that was made long ago, but look- forefront, leading the charge to open public should be revered this month. We are ing inside our own ranks and finding a accommodations to African-Americans, includ- literally still surrounded by living true historic figure, one that Demo- ing hotels, restaurants, theaters and taverns. black history on which history has spo- crats can be proud of, that Republicans The paper was instrumental in working with ken. Now, mind you I say ‘‘on which are surely proud of, one who epitomizes Omaha Public Schools to ensure that black history has spoken,’’ I mean you don’t exactly what everybody says our coun- teachers had equal participation. Dr. Wash- have the verdict of history until you try needs today to bring us together, ington also worked hard to get the Omaha can stand back from it. And, therefore, and one who served in our own ranks. Star landmark status in the city of Omaha and I want to make a few remarks about Many in the Congress on both sides the State of Nebraska. living history from the Congress of the of the aisle have already signed on to Rudy Smith has lived in Omaha since age United States. H.R. 1000, which is the bill necessary to 6 and has been an Omaha World Herald pho- It is probably the case that most award the Congressional Medal. That tographer and editor for more than 40 years. Americans do not recognize that the requires two-thirds of the House to He is in the process of completing a book of first African American elected by pop- sign on. Many have, once this was his photographs, many of which have been ular vote to the United States Senate brought to their attention, signed on. exhibited at black colleges, universities and was Senator Edward Brooke, who We’re going to send it again, of course, museums around the country. As a journalist served from 1967 to 1979. This is real to Members, as we try to do something and photographer he has captured images of living history, my friends. Now a ro- that I think will be history-making some of America’s greatest heroes. bust 87, Senator Brooke broke more this very month, and that is to have Rudy was more than just a photographer; records than anybody I know. He be- the Congress of the United States, this he was able to chronicle historic moments in came a Senator, ’67 to ’79, at a time month, this Black History Month, vote Omaha. Every picture he takes is a moment; when breakthroughs hadn’t begun to to give the Congressional Gold Medal each special moment holds a lifetime of occur. And he became a Senator from to one of our own former colleagues, a memories that lives on after the moment has an overwhelmingly white State that former Member of the Senate, Senator passed. Each of his photographs is a window was also overwhelmingly Democratic, Edward Brooke, the first African to a memory and has the ability to deeply con- and he was a Republican, a life-long American to serve by popular vote in nect you to the beauty of life itself. His talent Republican. Before that, he had become that body. is endless. the State’s first black attorney gen- I thank the gentleman for yielding. Omaha native Alphonza Davis graduated eral. Mr. FEENEY. I have no further from Omaha Tech High School and later I know Senator Brooke for reasons speakers, Mr. Speaker, and I yield my- Omaha University. He finished first in his class that are close to home. If you grew up self 1 minute. at Tuskegee and was chosen squadron lead- in Washington, you will know him be- Mr. Speaker, there are many reasons er. He was killed in combat in 1944 while over cause, in studying black history, we to celebrate Black History Month, and in Germany. The local Tuskegee Airmen chap- studied this living history in our one is that it would take more than a ter in Omaha is named after him.

VerDate Aug 31 2005 03:44 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.017 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H569 The chapter is one of 45 nationwide, and its the contributions of African-Americans who Mr. HASTINGS of Florida. Mr. Speaker, I membership includes four original Tuskegee have enriched our culture and our heritage. rise today to express my full support for H. Airmen. They are LTC (Ret) Paul Adams, LTC There have been great African-American ac- Res. 942, a resolution that recognizes Black (Ret) Charles A. Lane, Jr., LTC (Ret) Harrison tivists, scientists, artists, poets, athletes, politi- History Month as a time to acknowledge the A. Tull, and Mr. Robert D. Holts. These mem- cians, writers, economists, musicians, engi- many contributions that African Americans bers continue their service to our community neers, and entertainers who have all bettered have made in our Nation’s history and as a by mentoring and working with youth through our way of life. From Harriet Tubman to Bar- time for all Americans to fully understand the the local Civil Air Patrol. bara Jordan, Althea Gibson to Venus Williams, events and struggles that shaped our great The Tuskegee Airmen and their record of Marian Anderson to Ella Fitzgerald, Frederick Nation. success during the war are unmatched. Not a Douglass to Martin Luther King, Jr., so many When Aristotle said, ‘‘If you would under- single American bomber protected by the Red African-Americans have enriched this Nation stand anything, observe its beginning and its Tails was ever shot down by enemy aircraft. that there are far too many to name them all. development,’’ he suggested that we cannot By war’s end, the Tuskegee Airmen had flown Unfortunately, the struggle for African-Amer- fully know what something is if we do not over 15,000 sorties, completed over 1,500 icans to gain recognition and celebration in know its past. This certainly holds true for our missions and destroyed more than 260 enemy this Nation continues beyond Black History country. Knowing our Nation’s history does aircraft. Month. While we can be proud of the many more than tell us who we were; it tells us who I join my colleagues in recognizing these achievements of our past, events such as Hur- we are. And if we look honestly at our past ricane Katrina and Jena 6, demonstrate that and the millions of African-Americans in our successes and mistakes, it tells us what we we still have much to achieve in the way of country for their numerous achievements can become. throughout history, today and the future. This equal rights and justice for all. One of the great challenges facing the Afri- Unfortunately, the long practice of omitting, designation is only a small token of the thanks abbreviating, and misrepresenting African they deserve for all of their contributions to our can-American community is the dispropor- tionate rate at which our people are incarcer- Americans in American history has resulted in society. I urge the adoption of H. Res. 942. an incomplete and skewed story of our coun- Mr. BACA. Mr. Speaker, I ask for unani- ated. According to the Department of Justice try’s history. Fortunately, the social change of mous consent to address the House for one more than 2.3 million people are incarcerated the civil rights movement inspired a change in minute. in this Nation’s State and Federal prisons. As the way that America told and understood its I rise today to voice my strong support for of December 2006, African-Americans made history. It became clear that American his- H. Res. 942. This bipartisan resolution recog- up 40.2 percent of Federal prison inmates, tory—like America’s schools and lunch nizes the significance of Black History Month. counters—needed to be integrated. I want to thank my friend and colleague, most of those being African-American men. When you compare these statistics with the Over the years, Black History Month has be- Representative AL GREEN, for introducing this fact that African-Americans only make up ap- come a chance to realize our rich diversity by resolution. proximately 12 percent of the total population, studying the artistic, scientific, and political February is Black History Month, a time for the disparity becomes more apparent. The contributions that African Americans have all Americans to learn about and recognize the human toll—the wasted lives, shattered fami- made to the United States and the rest of the heritage and achievements of African Ameri- lies, and disturbed youth—are incalculable, as world. Realize Black history is American his- cans. are the adverse social, economic and political tory, and February should not be the only time African Americans have made historic con- consequences of weakened communities, di- that we acknowledge the contributions of Afri- tributions to this Nation in all walks of life— minished opportunities for economic mobility, can American men, women, and children in from economics, to education, to politics and and widespread disenfranchisement. U.S. history. African Americans have played a the arts. In Jena, Louisiana, two African-American key role in just about every single moment in Sadly, African Americans have been victims high school students sat under what some of too much discrimination, segregation, and American history, and it is high time that our White students called the ‘‘white’’ tree on their history books reflect that. hatred in their history in the United States. campus. The White students responded by That is why it is so fitting we stand here to- Driven by my commitment to the human and hanging nooses from the tree. When African- civil rights of all, I have worked hard to ensure gether today, one body in unity, to recognize American students protested the light punish- the amazing accomplishments of our Nation’s that all people—regardless of their nationality, ment for the students who hung the nooses, sexual orientation, gender, or race—have ac- African Americans. the District Attorney came to the school and We also stand here to recognize that the cess to their most basic rights. My experi- told the students he could ‘‘take their lives ences in and before I came to this body have ethnic and racial diversity within the United away with a stroke of his pen.’’ Racial ten- States is a wonderful thing, which only serves taught me that all people have influenced our sions continued to mount in Jena, and the Dis- country’s greatness. It is critically important to strengthen our great Nation. trict Attorney did nothing in response to sev- I urge my colleagues to embrace this diver- that these contributions are acknowledged and eral egregious cases of violence and threats retold. sity, to support Black History Month, and to against African-American students. cast a vote in favor of H. Res. 942. But when a White student—who had been a Mr. Speaker, as we observe and celebrate Ms. JACKSON-LEE of Texas. Mr. Speaker, vocal supporter of the students who hung the the contributions of African Americans in I rise today in strong support of H. Res. 942, nooses—taunted African-American students, America we must not forget that we are mak- Recognizing the Significance of Black History allegedly called several African-American stu- ing history as we speak. We are living in an Month, introduced by my distinguished col- dents ‘‘nigger’’, and was beaten up by African- historical era in which extraordinary people league from Texas, Representative GREEN. American students, the punishment was dras- from all walks of life are seeking opportunities This important legislation recognizes and cele- tically different. Six African-American students that were previously not available to them. brates the accomplishments and contributions were charged with second-degree attempted Outstanding Americans such as Barrington Ir- of African-Americans in this Nation. murder. Mychal Bell was one of the students ving, the youngest and first person of African The celebration of Black History Month tried and convicted. He faced up to 22 years descent to fly around the world, teach us that began with Negro History Week in 1926, the in prison for essentially a school fight. we can achieve great things in this land of op- vision of Dr. Carter G. Woodson. Dr. Wood- The African-American community came to portunity as long as we have the will and son, a noted African-American author and the aid of these young men, as they have drive. As we all know, for the first time in his- scholar recognized then, as we do today, that done in years past for other young men. While tory, the two contending candidates for the the achievements and contributions of African- we take this month to celebrate the past and Democratic nominee for President are a black Americans deserve not only to be acknowl- present African-American achievements and man and a woman. edged, but also to be celebrated by all Ameri- contributions, we must face the future with an As we reflect on the numerous contributions cans. understanding that there is more to be done and experiences of African Americans in this Over the course of 50 years, Negro History and more to be achieved. country, we must be cognizant of how we as gained momentum, culminating in its tran- As a member of the Congressional Black a modern multi-ethnic and multicultural nation scendence to Black History Month. Now each Caucus, a Representative of the people of the deal with the issues of our time. How we do February we express our appreciation of the United States, and an African-American this will determine how future generations will struggles, determination and perseverance of woman, I am proud to cosponsor this legisla- view us in the history books. I urge my col- the African-American community of the past tion and I urge my colleagues to join me in leagues to vote ‘‘yes’’ on this important resolu- and present. February is a month to recognize supporting this legislation. tion.

VerDate Aug 31 2005 03:44 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\CR\FM\A06FE7.025 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H570 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Mr. RODRIGUEZ. Mr. Speaker, today I In my home State of Connecticut, we make Whereas winning the prestigious Harley J. stand before you offering my generous sup- note of Hartford’s Black governors who Earl Trophy is stock car racing’s greatest port for the commemoration of H. Res. 942, oversaw the region from 1755 to 1800; fear- prize and privilege; recognizing the significance of Black History less Connecticut abolitionists James Mars and Whereas nearly 1,000,000 men and women in the Armed Forces in nearly 180 countries Month. This is a month to honor the tremen- J.W.C. Pennington who petitioned Connecti- worldwide listen to the race on the radio via dous strides and achievements made by nu- cut’s legislature regarding voting and social the American Forces Network; merous African-American leaders and activ- rights for blacks in the 1840s and 50s; and of Whereas Daytona International Speedway ists, and to signify our continued celebration of course the survivors of the Amistad slave ship, is the home of ‘‘The Great American Race’’, diversity in the United States. I urge all Ameri- who spent days seated in a Hartford court- the Daytona 500; cans to use this month as an opportunity to room awaiting their fate by a U.S. circuit court Whereas fans from all 50 States and many recognize the accomplishments made by past judge. Through relics such as the Old State foreign nations converge at the ‘‘World Cen- African-American leaders while continuing to House, Mark Twain House, Harriet Beecher ter of Racing’’ each year to see the motor work for the advancement of racial equality. Stowe House, the Connecticut freedom trails, sports spectacle; Whereas Daytona International Speedway The enormous contributions made by Dr. and the Amistad Center for Arts and Culture, Martin Luther King, Jr., Frederick Douglass, becomes one of the largest cities in the State we are paying homage to the extraordinary Af- of Florida by population on race day, with W.E.B. Dubois and other notable leaders in rican Americans who have resided in our more than 200,000 fans in attendance; the African-American community have cham- State. Whereas well-known politicians, celeb- pioned improved race relations and equality. Mr. Speaker, this year during Black History rities, and athletes take part in the festivi- We must also highlight the achievements Month, I urge my colleagues and this Nation ties surrounding the Daytona 500; and made by a host of prominent African-Ameri- to remember all of the African Americans who Whereas February 17, 2008, would be an ap- cans in other fields such as the arts, athletics, have helped to weave the historical tapestry of propriate day to designate as ‘‘Race Day in politics, and academia. America. I urge us all to realize the service, America’’ because the Daytona 500 celebrates its historic 50th running on this day: Now, This year’s theme, ‘‘Carter G. Woodson and dedication and courage that have emerged the Origins of Multiculturalism,’’ honors the therefore, be it throughout the decades. This year, let us truly Resolved, That the United States House of founder of Black History Month and applauds celebrate Black History as a part of us all. Like Representatives— his commitment to the preservation of African- our motto says, E Pluribus Unum, Out of (1) recognizes the 50th running of the Day- American history. Woodson was instrumental many we are one. We are a great Nation tona 500, ‘‘The Great American Race’’; and in popularizing the role the African-American formed by the contribution of many, and this (2) supports designation of a ‘‘Race Day in community has played in enriching the history month we celebrate one of those outstanding America’’ in honor of the Daytona 500. of the United States. His mission and legacy groups. The SPEAKER pro tempore. Pursu- is one our country must uphold while con- Mr. FEENEY. I yield back the bal- ant to the rule, the gentleman from tinuing to inspire future generations to em- ance of my time. New Hampshire (Mr. HODES) and the brace diversity and equality. Mr. HODES. Mr. Speaker, I yield gentleman from Florida (Mr. FEENEY) Again, I would like to express my support back the balance of my time. each will control 20 minutes. for the significance of February 2008 as Black The SPEAKER pro tempore. The The Chair recognizes the gentleman History Month. Let the following month serve question is on the motion offered by from New Hampshire. as a reminder of our indebtedness to those the gentleman from New Hampshire GENERAL LEAVE leaders possessing the courage to combat in- (Mr. HODES) that the House suspend the Mr. HODES. Mr. Speaker, I ask unan- justice. They have completed the ultimate rules and agree to the resolution, H. imous consent that all Members may service not only for the African-American com- Res. 942. have 5 legislative days in which to re- munity in the United States but for all citizens. The question was taken. vise and extend their remarks. Mr. LARSON of Connecticut. Mr. Speaker, I The SPEAKER pro tempore. In the The SPEAKER pro tempore. Is there rise today in honor of this most important opinion of the Chair, two-thirds being objection to the request of the gen- month of February, deemed as Black History in the affirmative, the ayes have it. tleman from New Hampshire? Month. Let us join with the rest of the Nation Mr. HODES. Mr. Speaker, on that I There was no objection. in highlighting the significant contributions that demand the yeas and nays. Mr. HODES. Mr. Speaker, I yield to African Americans have made to our great Na- The yeas and nays were ordered. myself so much time as I may con- tion, while celebrating this year’s theme of The SPEAKER pro tempore. Pursu- sume. ‘‘Carter G. Woodson and the Origin of ant to clause 8 of rule XX and the Mr. Speaker, as a member of the Multiculturalism.’’ Chair’s prior announcement, further Throughout this noteworthy month, we all proceedings on this motion will be House Committee on Oversight and should take a moment to reflect on the fact postponed. Government Reform, I am pleased to join my colleagues in the consideration that February was designated to make a na- f tional appeal to Americans to make note of of House Resolution 931, which ex- the tremendous role that African Americans DESIGNATING ‘‘RACE DAY IN presses our support for naming a ‘‘race have played in the development and advance- AMERICA’’ day’’ in America and recognizes the ment of our country’s rich history. February Mr. HODES. Mr. Speaker, I move to 50th running of the Daytona 500, which embraces the birthdays of two distinguished suspend the rules and agree to the reso- will occur on the 17th at the Daytona Americans—Frederick Douglas and Abraham lution (H. Res. 931) expressing support International Speedway in Daytona, Lincoln—whose contributions to our society for designation of February 17, 2008, as Florida. are immeasurable. Let us remember that not ‘‘Race Day in America’’ and high- House Resolution 931 was introduced only are we honoring Black history; we are lighting the 50th running of the Day- by my distinguished colleague, Rep- celebrating all of our history, American history. tona 500. resentative TOM FEENEY of Florida, on This month we should remember the legacy The Clerk read the title of the resolu- January 17, 2008, and was considered by of the illustrious Harlem Renaissance and the tion. and reported from the House Oversight contributions this period had in shaping Amer- The text of the resolution is as fol- Committee on January 29, 2008, by ica’s cultural heritage. African American writ- lows: voice vote. ers Langston Hughes, Richard Wright, Ralph H. RES. 931 The measure, which has the support Ellison, James Baldwin, and Toni Morrison Whereas the Daytona 500 is the most pres- and cosponsorship of 68 Members of have now become major voices in American tigious stock car race in the United States; Congress, couldn’t have been consid- Literature. Military achievements, not only by Whereas the Daytona 500 annually kicks ered at a more fitting time as fans the Tuskegee Airmen, the 54th Regiment from off the National Association for Stock Car across this great country prepare for Massachusetts, and the 29th Regiment from Auto Racing (‘‘NASCAR’’) Sprint Cup Series, what is being called the most antici- Connecticut, but by other courageous Black NASCAR’s top racing series; pated event in automobile racing his- Whereas millions of racing fans have spent tory, the 50th running of the Daytona soldiers, have helped to create the gallant the third Sunday of each February since 1959 Armed Forces of this country. In this month, watching, listening to, or attending the Day- 500 on Saturday, February 17, 2008. let us all work together to ensure a positive fu- tona 500; With a history dating back to Feb- ture for the 40.2 million African Americans Whereas the purse for the Daytona 500 is ruary 22, 1959, the Daytona 500 at the who contribute to this Nation on a daily basis. typically the largest in motor sports; Daytona International Speedway is a

VerDate Aug 31 2005 03:44 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.030 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H571 500-mile motor sport international REMEMBERING THE SPACE SHUT- clude extraneous material on House sweepstakes that draws the attention TLE ‘‘CHALLENGER’’ DISASTER Resolution 943, the resolution now of millions of American racing fans and AND HONORING ITS CREW MEM- under consideration. racing fans around the world every BERS The SPEAKER pro tempore. Is there February. Mr. MELANCON. Mr. Speaker, I objection to the request of the gen- Often referred to as ‘‘The Great move to suspend the rules and agree to tleman from Louisiana? American Race,’’ the Daytona 500 is the resolution (H. Res. 943) remem- There was no objection. NASCAR’s biggest, richest and most bering the space shuttle Challenger dis- Mr. MELANCON. Mr. Speaker, I yield prestigious race and has been won by aster and honoring its crew members, myself such time as I may consume. stock car racing greats such as Dale who lost their lives on January 28, 1986. Mr. Speaker, I am honored to support Earnhardt and Jeff Gordon. The Clerk read the title of the resolu- House Resolution 943, a resolution hon- Mr. Speaker, given the monumental tion. oring the astronauts of the space shut- occasion of the 50th running of the The text of the resolution is as fol- tle Challenger and honoring its crew Daytona 500, I think it is only appro- lows: members, who lost their lives on Janu- priate that we express our support of ary 28, 1986. And I congratulate Mr. H. RES. 943 NASCAR and ‘‘The Great American HODES for preparing this resolution. Race’’ by passing this measure. Whereas January 28, 2008, marks the 22- The tragic loss of the Challenger and year anniversary of the tragic accident of I urge passage of this bill. the space shuttle Challenger, Mission 51–L, her crew of seven serves as a con- Mr. Speaker, I reserve the balance of and the loss of seven of America’s bravest tinuing reminder that space flight is my time. and most dedicated citizens; anything but routine. As we continue b 1500 Whereas the space shuttle Challenger dis- to explore outer space, we here on the aster occurred off the coast of central Flor- ground must do our part to ensure that Mr. FEENEY. Mr. Speaker, I yield ida, at 11:39 a.m. on January 28, 1986; we have learned the lessons of the myself such time as I may consume. Whereas the space shuttle Challenger dis- Mr. Speaker, I rise today to urge sup- Challenger accident and work tirelessly integrated 73 seconds into its flight after an to make space travel as safe as possible port for this resolution designating O-ring seal in its right solid rocket booster February 17, 2008, as ‘‘Race Day in failed at lift-off; for future generations of explorers. In addition, I believe we can best America.’’ Whereas the seven-person crew on the Next Sunday over 200,000 people from shuttle included Commander Francis R. honor the sacrifices of the crew of the all 50 States and around the world will Scobee, Pilot Michael J. Smith, Mission Spe- Challenger made by our commitment to convene at Daytona International cialist Judith A. Resnik, Mission Specialist renewing America’s space program, Ellison S. Onizuka, Mission Specialist Ron- continuing the Nation’s journey into Speedway in Daytona Beach, Florida, ald E. McNair, Payload Specialist Gregory B. for the 50th running of ‘‘The Great space, a goal to which they dedicated Jarvis, and Payload Specialist Sharon their lives. American Race,’’ the Daytona 500. Christa McAuliffe; The most prestigious stock car race Whereas Christa McAuliffe, a school- Mr. Speaker, it is appropriate that in the United States, the Daytona 500 teacher from Concord, New Hampshire, was we pause today to honor the memory of is a 200-lap, 500-mile grand opening to on board as the first member in the Teacher the Challenger crew, and I urge all my the NASCAR Sprint Cup Series. Boast- in Space Project; colleagues to support this resolution. ing the largest purse and stock car Whereas the National Aeronautics and Mr. Speaker, I reserve the balance of racing’s most coveted trophy, the Har- Space Administration (NASA) selected my time. Christa McAuliffe from a field of 11,000 appli- Mr. FEENEY. Mr. Speaker, I yield ley J. Earl Trophy, the Daytona 500 has cants to be a part of the Challenger crew and become the ‘‘Super Bowl of Stock Car myself such time as I may consume. teach lessons to schoolchildren from space; I want to thank my colleague Mr. Racing.’’ Whereas the Committee on Science and Each year millions of fans, both at Technology of the House of Representatives MELANCON for shepherding this memo- home as well as those serving overseas, conducted oversight hearings on the Chal- rial to the floor today. With this reso- tune in to the race by television and lenger disaster and released a report on Oc- lution, the House of Representatives radio. Since 1995, the television ratings tober 29, 1986, on the causes of the accident; joins with all Americans to solemnly for the Daytona 500 have been higher and remember the loss of the space shuttle Whereas the House of Representatives con- Challenger 22 years ago on January 28, than any auto race, and in 2006 the race tinues to support NASA and its ongoing ef- drew the sixth largest television audi- 1986. forts to explore and educate the American Many Americans remember where ence of any sporting event that year. public about space: Now, therefore, be it For 50 years, the popularity of Day- Resolved, That the House of Representa- they were on that cold January morn- tona, and car racing in general, has tives— ing when the shuttle Challenger leapt grown throughout American society. I (1) honors the 22nd anniversary of the from its launch pad. After receiving believe it is fitting that we celebrate space shuttle Challenger disaster; the call ‘‘Challenger go at throttle up,’’ this rising American tradition by pass- (2) celebrates the courage and bravery of Challenger disintegrated in clear blue ing this resolution in honor of the gold- the crew of the Challenger, and Christa skies just 73 seconds into its flight. McAuliffe and her passion for encouraging We were stunned. One moment Chal- en anniversary of its most prestigious America’s children to pursue careers in event. I invite anybody who’s free this lenger was flawlessly flying on a beau- science and mathematics; tiful winter morning. Then, without Sunday to come to Daytona Beach and (3) commits itself and the Nation to using enjoy this great tradition with us. the lessons learned in inquiries into the warning, it was gone. Mr. Speaker, I have no further speak- space shuttle Challenger accident to ensure America turned to mourn its seven ers, and I reserve the balance of my that the space agency always operates on a astronauts who gave the ultimate sac- time. strong and stable foundation; and rifice for the advancement of explo- Mr. HODES. Mr. Speaker, I have no (4) recognizes the continued dedication of ration and discovery: Michael Smith; further requests for time, and I yield the United States to the goal of space explo- Dick Scobee; Judith Resnik; Ronald ration for the benefit of all mankind. back the balance of my time. McNair; Ellison Onizuka; Gregory Jar- The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- vis; and Christa McAuliffe, a school- question is on the motion offered by ant to the rule, the gentleman from teacher from Concord, New Hampshire, the gentleman from New Hampshire Louisiana (Mr. MELANCON) and the gen- selected to be the first member of the (Mr. HODES) that the House suspend the tleman from Florida (Mr. FEENEY) each teaching profession in a space project. rules and agree to the resolution, H. will control 20 minutes. That evening, President Reagan Res. 931. The Chair recognizes the gentleman spoke from the Oval Office to comfort The question was taken; and (two- from Louisiana. a grieving Nation. Millions of children thirds being in the affirmative) the GENERAL LEAVE had watched the launch because rules were suspended and the resolu- Mr. MELANCON. Mr. Speaker, I ask Christa McAuliffe was to later teach tion was agreed to. unanimous consent that all Members science lessons from space. Instead, we A motion to reconsider was laid on may have 5 legislative days to revise were reminded of a deeper lesson. the table. and extend their remarks and to in- Reagan said:

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‘‘I want to say something to the Mr. HODES. I thank the gentleman would like to thank Representative HODES for schoolchildren of America who were for yielding. introducing this bill, of which I am proud to be watching the live coverage of the shut- Mr. Speaker, I rise today in strong an original cosponsor, as well as Chairman tle’s takeoff. I know it is hard to un- support of House Resolution 943. GORDON for his leadership in bringing this im- derstand, but sometimes painful things January 28, 2008, marked the 22nd an- portant and timely bill to the floor today. like this happen. It’s all part of the niversary of the Challenger space shut- On January 28, 1986, Ellison S. Onizuka, process of exploration and discovery. tle disaster. On January 28, 1986, at Sharon Christa McAuliffe, Greg Jarvis, Judy It’s all part of taking a chance and ex- 11:38 eastern standard time, the Chal- Resnik, Michael J. Smith, Dick Scobee, and panding man’s horizons. The future lenger took off from the Kennedy Space Ron McNair commenced on a risky journey, doesn’t belong to the fainthearted; it Center and disintegrated just 73 sec- which only a select few have had the oppor- belongs to the brave. The Challenger onds into its flight, killing all seven tunity to travel. Twenty-two years ago, these crew was pulling us into the future, members of its brave crew. The acci- extraordinary men and women embarked on and we’ll continue to follow them.’’ dent occurred on what would have been what they knew would be a perilous flight, in Reagan concluded his address by say- the Challenger’s 10th trip into space. pursuit of knowledge and driven by the spirit ing this: I introduced House Resolution 943 to of scientific discovery. As we stand here ‘‘The crew of the space shuttle Chal- honor the courage and bravery of all today, on the floor of the House of Represent- lenger honored us by the manner in seven crew members who died as a re- atives, and commemorate the 22nd anniver- which they lived their lives. We will sult of this tragic accident. The crew of sary of the Challenger tragedy, I believe we never forget them nor the last time we the Challenger embodied the goals of should take a moment to recall the purpose to saw them, this morning, as they pre- the United States space program and which the crew was dedicated. Astronauts pared for their journey and waved our highest ideals: a commitment to Onizuka, McAuliffe, Jarvis, Resnik, Smith, good-bye and slipped the surly bonds of knowledge of our universe and inspir- Scobee, and McNair represent the best in all Earth to ‘‘touch the face of God.’’’ ing a new generation of scientific pio- of us, and it is in their memory that we should Twenty-two years have passed. neers. devote ourselves to continuing what they America has kept its word. We haven’t The tragic accident that day was es- began. Mr. Speaker, as we mourn the tragic loss of forgotten the Challenger crew. Human pecially poignant for those of us in these extraordinary men and women, I would space flight is mankind’s most difficult New Hampshire. New Hampshire is a also like to praise those individuals who con- endeavor. America has achieved so small State, and we pride ourselves on tinue to accept the challenges posed by the our sense of community. And one of many successes, space flight seems rou- exploration of space and the dedication of all those crew members was Christa tine; yet every generation unexpect- connected with the manned space program. McAuliffe of Concord, New Hampshire, edly bears witness to space flight’s in- However, while space exploration continues to herent dangers. my hometown. She was a friend. She be a part of our national destiny, it is vital that Before the Challenger disaster, the was someone who was woven deeply safety is made our first priority, in order to pro- Apollo I crew was lost on Pad 34 on Jan- into the fabric of our community. She tect future astronauts and ensure the tragedy uary 27, 1967, in an accident known touched the lives of countless students. of 22 years ago never happens again. simply as ‘‘The Fire.’’ After Challenger, She was a mom. She was somebody From the beginning, our Nation has recog- we waited on February 1, 2003, at the who was loved and admired. And she nized the importance of the exploration of Kennedy Space Center’s landing strip was on board the Challenger as the first space and has always taken a leading role in for the voyagers of Columbia who never participant of the Teacher in Space its development and exploration. The expan- returned home. January and February program, the pride of New Hampshire sion of our horizons has been essential for are NASA’s cruelest months. and of Concord and of the Nation, for reasons beyond the technological advances it On each occasion the people of NASA the first teacher in space was enormous may provide. Moreover, it represents man- grieved terribly, but they learned from and seemed to magnify the tragedy of kind’s capability to turn distant dreams into a adversity, and then they rededicated the accident. practical reality. themselves to their mission. America Christa dedicated her life to edu- However, safety must remain our first pri- landed on the Moon after The Fire. cation. She taught at Rundlett Junior ority. In June of last year, we watched as the After Challenger, the shuttle flew again High School, Bow Memorial Middle Space Shuttle Atlantis and the International to pursue scientific discovery and begin School, and Concord High School be- Space Station both experienced serious safety constructing the international space tween 1978 and 1985. On July 19, 1985, scares. The shuttle’s mission had to be ex- station. After Columbia, we returned to she was selected from a field of roughly tended following the discovery of a rip in the flight, and we will complete and use 11,000 applicants as the primary can- shuttle’s thermal blanket. The space station the international space station. Then didate for the Teacher in Space experienced the failure of a Russian-operated we will turn our dreams to exploring Project. Her mission as a crew member computer system controlling a crucial portion beyond Earth’s orbit by establishing was to teach schoolchildren lessons of the station’s navigational system. These re- outposts on the Moon and then going from space and to encourage students cent incidents clearly indicate the need for im- further beyond. to pursue careers in science and mathe- proved safety standards and oversight. Space Exploration, journey, and bravery de- matics. exploration must be coupled with satisfactory fine the American people. Each of us Twenty-two years after the Chal- safety assurances. comes from a heritage where someone lenger disaster, Christa McAuliffe’s Because of my ongoing commitment to the with great courage took a passage to a goal of promoting scholarship in the safe exploration of space, I was proud to intro- new beginning, many times with disas- sciences is more important than ever duce an amendment to H.R. 3093, the Depart- trous endings. But the living stub- as our Nation works to stay at the ments of Commerce and Justice and Science, bornly persevered, pushed back vast forefront of global innovation. and Related Agencies Appropriations for FY frontiers, and built a great and glo- I urge my colleagues to join me in 2008, reaffirming our strong commitment to rious Nation. Adversity, including the recognizing the anniversary of the ensuring adequate safety standards for the loss of the Challenger crew, can never Challenger disaster and to support International Space Station. My amendment extinguish this American spirit. House Resolution 943. emphasizes the importance of safety stand- Mr. Speaker, I am proud to support Ms. JACKSON-LEE of Texas. Mr. Speaker, ards by ensuring that none of the funds made this resolution honoring the brave and I rise today in strong support of H. Res. 943, available in this Act may be used to limit the dedicated crew of Challenger. I urge my ‘‘Remembering the space shuttle Challenger safety provisions enumerated in the recent colleagues to support House Resolution disaster and honoring its crew members, who NASA Authorization Act. If the recently deliv- 943. lost their lives on January 28, 1986,’’ intro- ered recommendations of the congressionally Mr. Speaker, I reserve the balance of duced by my distinguished colleague from mandated International Space Station Inde- my time. New Hampshire, Representative PAUL W. pendent Safety Task Force are to be success- Mr. MELANCON. Mr. Speaker, I HODES. This important legislation will honor ful in identifying and mitigating future risks to would like to yield 5 minutes to the the lives, the work, and the memory of the the International Space Station, Congress, to- gentleman from New Hampshire (Mr. seven men and women who lost their lives on gether with the administration, must firmly re- HODES). the 1986 Space Shuttle Challenger mission. I affirm its commitment to pursuing safety as a

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There is virtually no cepted into the bill. postponed. limit to what can be investigated in inter- At a time where our televisions, news- planetary science and astronomy.’’; and f Whereas over the next 50 years the United papers, radios and other forms of media are b 1515 States will attain additional exciting and dominated with discussions of presidential significant achievements in robotic and nominations, housing foreclosures, economic CELEBRATING THE 50TH ANNIVER- human space exploration: Now, therefore, be stimulus packages, Middle Eastern conflicts SARY OF THE EXPLORER I SAT- it and the war in Iraq, it would be all too easy ELLITE Resolved by the House of Representatives (the to disregard our commitment to the enterprise Mr. MELANCON. Mr. Speaker, I Senate concurring), That the Congress— of space exploration and its value to the (1) celebrates the achievement of the late move to suspend the rules and agree to Dr. James A. Van Allen and his science team United States and abroad. Let us look to the the concurrent resolution (H. Con. Res. and all of the individuals at the Jet Propul- sky to honor the memory of these fallen he- 287) celebrating the 50th anniversary of sion Laboratory and Army Ballistic Missile roes who gave their lives for the cause of the United States Explorer I satellite, Agency who, through the successful launch pushing the limit of human exploration for the the world’s first scientific spacecraft, of Explorer I, brought the United States into enrichment of all of mankind. and the birth of the United States the space age and science into the realm of Mr. Speaker, words cannot conveyor ade- space exploration program. space; quately repay the debt that is owed. We can- The Clerk read the title of the con- (2) supports science, technology, engineer- ing, and mathematics education programs, not sufficiently articulate the feelings of sorrow current resolution. that are universally felt; however, we can pay which are critical for preparing the next gen- The text of the concurrent resolution eration to lead future United States space those seven souls no greater tribute than to is as follows: endeavors; carry on the work they believed in and paid H. CON. RES. 287 (3) recognizes the role of the United States the ultimate sacrifice for. The contributions to Whereas January 31, 2008, is the 50th anni- space program in strengthening the sci- space exploration and service these great as- versary of the launch of Explorer I, the first entific and engineering foundation that con- tronauts provided are priceless and will never United States satellite to be successfully tributes to United States innovation and go unrecognized. lofted into space and the world’s first sci- economic growth; and I strongly urge my colleagues to join me in entific satellite; (4) looks forward to the next 50 years of supporting this important legislation, and in so Whereas the launch of Explorer I marks United States achievements in the robotic and human exploration of space. doing, giving the men and women of our the birth of the era of United States space space program the respect and recognition exploration, a half-century of advances in The SPEAKER pro tempore. Pursu- they deserve. both robotic and human exploration of space, ant to the rule, the gentleman from including the first footsteps by humanity on Louisiana (Mr. MELANCON) and the gen- Ms. HIRONO. Mr. Speaker, I rise in support another world; of H. Res. 943, a resolution that remembers tleman from Florida (Mr. FEENEY) each Whereas, since the launch of Explorer I, will control 20 minutes. the space shuttle Challenger disaster and hon- the United States has launched spacecraft— ors its crew members on the 22nd anniversary (1) to explore each of the solar system’s The Chair recognizes the gentleman of their tragic flight. planets and the Earth’s Moon; from Louisiana. On January 28, 1986, the space shuttle dis- (2) to observe the Earth and the inter- GENERAL LEAVE integrated shortly after takeoff, killing seven actions of its atmospheric, oceanic, and land Mr. MELANCON. Mr. Speaker, I ask crew members. One of those astronauts, systems; unanimous consent that all Members (3) to conduct studies of the Sun and its Ellison Onizuka, was born and raised in my may have 5 legislative days to revise interactions with Earth; and extend their remarks and to in- State of Hawaii and served as Hawaii’s first (4) to investigate asteroids and comets; astronaut. (5) to peer deeper into space to understand clude extraneous material on House Mr. Onizuka was very enthusiastic about our the origin of the universe and the formation Concurrent Resolution 287, the resolu- space program and never hesitated to share of the stars, galaxies, and planets; and tion now under consideration. his knowledge and experience with the people (6) to extend human presence into space; The SPEAKER pro tempore. Is there of Hawaii. He recognized the importance of Whereas Explorer I and the impetus for sci- objection to the request of the gen- education and encouraged students to pursue entific satellites occurred as part of the tleman from Louisiana? International Geophysical Year, a major sci- an interest in space and science-related fields. There was no objection. entific initiative of 67 nations to collect co- Mr. MELANCON. Mr. Speaker, I yield Four major space programs and centers in ordinated measurements of the Earth, whose Hawaii carry on the legacy of this inspiring ex- spirit continues to be embodied in the inter- myself as much time as I may con- plorer: the Astronaut Ellison S. Onizuka Space national partnerships that enhance space en- sume. Center, Astronaut Ellison Onizuka Science deavors; Mr. Speaker, I rise today in strong Day, the Hawaii Space Grant Consortium, and Whereas Explorer I carried a scientific in- support of House Concurrent Resolu- Challenger Center Hawaii. strument designed and built by Dr. James A. tion 287. This resolution celebrates the I urge my colleagues to support H. Res. Van Allen of the University of Iowa to detect 50th anniversary of Explorer I, the first 943, which honors Mr. Onizuka’s contributions cosmic rays; successful launch of a U.S. satellite Whereas the cosmic ray measurements into space, which took place on Janu- and celebrates the courage and bravery of the from Explorer I led to the discovery of re- Challenger crew. gions of energetic charged particles trapped ary 31, 1958, a date that also marks the Mr. FEENEY. Mr. Speaker, I yield in the Earth’s magnetic field, later named 50th birthday of our U.S. space pro- back the balance of my time. the Van Allen radiation belts; gram. Mr. MELANCON. Mr. Speaker, I have Whereas the combined efforts of Dr. James With the launch of Explorer I, the no further requests for time, and I A. Van Allen and his science team, individ- United States was the first to send a yield back the balance of my time. uals at the Jet Propulsion Laboratory, and scientific instrument into Earth’s The SPEAKER pro tempore. The individuals at the Army Ballistic Missile orbit. The measurements from that in- question is on the motion offered by Agency made possible the successful develop- strument led to the significant dis- ment and launch of Explorer I and ushered in the gentleman from Louisiana (Mr. a new age of United States scientific and covery of the Van Allen radiation MELANCON) that the House suspend the human exploration of space; belts. rules and agree to the resolution, H. Whereas the next 50 years of United States We owe our profound appreciation Res. 943. accomplishments in outer space will rely on and gratitude to the late Dr. James The question was taken. individuals possessing strong mathematics, Van Allen and science team and those The SPEAKER pro tempore. In the science, and engineering skills and the edu- individuals from the Jet Propulsion opinion of the Chair, two-thirds being cators who will train such individuals; Laboratory and Army Ballistic Missile in the affirmative, the ayes have it. Whereas the United States space program Agency who made possible the success enables the development of advanced tech- of Explorer I. Mr. MELANCON. Mr. Speaker, on nologies, skills, and capabilities that support that I demand the yeas and nays. United States competitiveness and economic Their pioneering efforts launched the The yeas and nays were ordered. growth; beginning of America’s journey beyond The SPEAKER pro tempore. Pursu- Whereas Dr. Van Allen, commenting on the Earth, a journey that continues to gen- ant to clause 8 of rule XX and the future of space science a decade ago, said erate remarkable accomplishments in

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.023 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H574 CONGRESSIONAL RECORD — HOUSE February 6, 2008 pushing back the frontiers of scientific cessful orbit. America was now on a 500. Launch Complex 26, where Explorer knowledge and human space explo- path to achieve space preeminence. I was launched, now houses the U.S. ration. Unlike Sputnik I, Explorer I did more Air Force Space and Missile Museum. Since the launch of Explorer I 50 than demonstrate the ability to place If you visit, you can tour the block- years ago, the United States has led an object into orbit. It had a valuable house from which the Explorer I was the world in space exploration, with scientific purpose. Explorer I consisted launched, see launch control equip- American astronauts taking human- of a Geiger counter that detected cos- ment from that era and walk on the ity’s first steps on the Moon, and mic rays, temperature sensors, and a launch pad. Just a few hundred yards American scientists working with their micrometeorite impact microphone. away is Launch Pad 5 where America’s international colleagues to launch sci- These instruments discovered radiation first astronaut, Alan Shepherd, was entific probes to each of the planets in belts, now named after Dr. James Van launched into space. Emily Perry our solar system, to the Moon, aster- Allen, that encircle the Earth. serves as the museum’s curator. Sixty oids and comets, and to study the Sun Explorer I stopped transmitting data volunteers, led by Gary Harris, guide and its interactions with Earth and the on May 23, 1958 when its batteries died. these tours. Most of these volunteers solar system. But it stayed in orbit until March 31, are veterans of America’s space pro- Our astronomical observatories peer 1970 and completed about 58,000 orbits gram, including some from the Explorer deeper and deeper into the universe and around the Earth. I era. Their stories provide a window our Earth observing spacecraft deliver Explorer I’s legacy was far greater into this fascinating past. Tours begin data that improves our quality of life than anticipated. Few imagined how from the Kennedy Space Center’s Visi- and helps us preserve the health of our satellites could maintain our Nation’s tors Complex and operate 7 days a planet. Through these and many other security and economy and extend week. We have talked about how Explorer I exciting accomplishments, our space man’s reach to the far corners of the began America’s journey as a program has truly become one of our solar system. spacefaring people. If you visit the Government and private enterprise, Nation’s crown jewels. Space and Missile Museum, you can see Mr. Speaker, as we celebrate the an- scientists and engineers, worked to- and touch where that journey began. gether to exploit and expand the capac- niversary of Explorer I and past Mr. UDALL of Colorado. Mr. Speaker, today achievements, it is important that we ities of space. Today, a vibrant and we consider H. Con. Res. 287, Celebrating the also look to space as a story about critical commercial industry builds 50th Anniversary of the U.S. Explorer I Sat- America’s future. and launches sophisticated satellites. ellite and the Birth of the United States’ Space The U.S. space program is a catalyst In Earth orbit, satellites forecast Exploration Program, which I introduced last for the advanced technologies and in- weather and measure surface winds and week. novation that contribute to America’s other climate variables. They monitor My statement about its introduction high- economic competitiveness, and it also land-use patterns and remote sensing. lighted the inspiring accomplishments of our serves as a training ground for the sci- They help farmers gauge the health of early space pioneers who contributed to the entists and engineers who are so crit- their crops; transmit data, radio and successful development and launch of Ex- ical to keeping America strong. television signals into our homes and plorer I—America’s first space satellite—and In closing, I urge my colleagues to to businesses around the world; and the multiple achievements of our Nation’s first join me in supporting House Concur- they provide the infrastructure for the 50 years in space. rent Resolution 287 and America’s global positioning system, enabling the Today, I want to focus on one of the major space program. capability to accurately navigate to enablers of America’s highly successful space Mr. Speaker, I reserve the balance of virtually any point on Earth. program, namely our highly skilled science my time. Beyond Earth orbit, satellites have and engineering workforce. Mr. FEENEY. Mr. Speaker, I would visited every planet in the solar system As we celebrate 50 years of exciting accom- yield myself such time as I may con- except for Pluto, although a mission is plishments in space, we witness the return on sume. under way to visit this far-away planet our Nation’s past investments in science, tech- I rise in support of House Concurrent in 2015. Satellites have carried rovers nology, engineering, and mathematics (STEM) Resolution 287, offered by my friend to the surface of Mars, they have cap- education. and Space Subcommittee chairman, tured samples of interstellar dust and Those investments produced the cadre of MARK UDALL, as well as Mr. MELANCON, returned them to Earth, photographed highly skilled scientists and engineers who RALPH HALL and myself, commemo- the heavens with exceptional clarity, have led our Nation in pushing back the rating the 50th anniversary of the measured background temperatures boundaries of scientific knowledge and making launch of Explorer I, America’s first and radiation to high precision, and possible the human and robotic exploration of satellite. With this launch, America landed on a moon of Saturn. outer space. became a spacefaring Nation. Explorer I also led to our human Their contributions to our successes in Unlike the Soviets, who 4 months spaceflight program under which space have also yielded critical benefits by earlier had launched Sputnik I in se- America learned to orbit the Earth, ex- promoting the innovation and advanced tech- crecy, America’s space program was plore the Moon, and live for extended nology development that are central to Amer- ica’s competitiveness. carried on in full public view. Our first periods aboard the international space As was expressed so clearly in the National attempt to launch a satellite, Vanguard station. Academies’ ‘‘Rising Above the Gathering I, ended in failure. As a consequence, H. Con. Res. 287 commemorates the Storm’’ report and in the America COMPETES some suggested that our preeminence achievements of the Explorer I team, Act that was signed into law last year, our na- as a world power was jeopardized. and acknowledges its role as the impe- tion’s economic strength cannot be sustained Explorer I proved otherwise. The suc- tus for what has become a critical part without renewed investments in STEM edu- cessful launch came through a collabo- of America’s greatness. I am pleased to cation. ration of brilliant and dedicated sci- be an original cosponsor of this bill, Space has always been an attraction for entists and engineers led by Wernher along with my good friend and ranking some of America’s best and brightest. Our von Braun, who designed the launch ve- Republican member of the Science and space program provides a unique means of hicle known as the Jupiter C; Dr. Technology Committee, RALPH HALL, encouraging the pursuit of STEM fields. I urge Charles Pickering, director of the Jet and I urge all Members to support it. my colleagues in Congress to support the Propulsion Laboratory, who designed I reserve the balance of my time. STEM programs and educators we need to the satellite; and Dr. James Van Allen, Mr. MELANCON. Mr. Speaker, I prepare the next generation of scientists and who designed the main instrument car- don’t have any further speakers, and I engineers who will lead America’s next 50 ried aboard Explorer I. would reserve my time. years of accomplishments in space and on On the night of January 31, 1958, Ex- Mr. FEENEY. Mr. Speaker, earlier I Earth. plorer I lifted off from Pad 26A at Cape shamelessly invited people to come and And I urge you also to maintain Congress’s Canaveral, Florida. Almost 2 hours experience the Daytona 500. While they commitment to making the investments nec- passed before a ground station in Cali- are there, they may want to come visit essary to continue a robust and vital space fornia confirmed the satellite’s suc- a museum not far from the Daytona program for the Nation.

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I would like to thank my colleagues Ms. GIF- milestone in space, and foreshadowed what Whereas the Automotive X PRIZE will FORDS and Mr. ROHRABACHER for their support we would achieve in just 50 years. award a multimillion dollar reward to teams of the bill, along with the original cosponsors. Today, the United States remains a leader that can design, build, and demonstrate pro- I urge adoption of my resolution. in space: landing humans on the moon; ex- duction-capable vehicles that achieve 100 MPG or its equivalent; and Mr. ROYCE. Mr. Speaker, I rise in support ploring our solar system; and gaining a better Whereas such prize competitions generate of H. Con. Res. 287 to celebrate the 50th an- understanding of our land, oceans, and atmos- involvement and innovation across a broad niversary of the launch of Explorer I and the phere. We must continue to reach for new spectrum of known and untapped talent such birth of an era of United States space explo- goals in space. By doing so, we continue our as the $25,000 Orteig Prize won by Charles ration. leadership of this world and lead humanity to Lindbergh which leveraged $400,000 worth of On January 31, 1958, the United States offi- a brighter destiny. additional research by teams trying to win cially entered space as Explorer I successfully I urge my colleagues to support this resolu- the prize and spurred a $250,000,000,000 avia- reached orbit. At a time when our Nation tion. tion industry, and the $10,000,000 Ansari X feared the worst from the Soviet Union, the Mr. FEENEY. I yield back the bal- Prize which leveraged $100,000,000 worth of additional research: Now, therefore, be it successful launch of Sputnik supercharged ance of my time. Resolved, That the House of Representa- anxiety. Our Nation responded, and re- Mr. MELANCON. Mr. Speaker, not tives— sponded quickly. having any other speakers, I yield back (1) congratulates the X PRIZE Founda- Explorer I, however, was more than just an my time. tion’s leadership for inspiring a new genera- emphatic response to Sputnik. It was achieved The SPEAKER pro tempore. The tion of viable, super-efficient vehicles that important scientific discoveries, as well. As question is on the motion offered by help break our addiction to oil through the mechanical engineer Carl Maggio noted, all in- the gentleman from Louisiana (Mr. Automotive X PRIZE competition; volved ‘‘liked the difference between our sat- MELANCON) that the House suspend the (2) congratulates the X PRIZE Foundation rules and agree to the concurrent reso- on their innovation and vision to bring to- ellite and Sputnik,’’ because ‘‘ours flew gether some of the finest minds in the public science, the Van Allen experiment.’’ Indeed, lution, H. Con. Res. 287. and private sectors, including government, amongst the numerous discoveries made by The question was taken; and (two- academia, and industry, to advise and par- Explorer I, one of the most important was the thirds being in the affirmative) the ticipate in the Automotive X PRIZE com- discovery of the Van Allen radiation belt, a dis- rules were suspended and the concur- petition; and covery that would be considered as one of the rent resolution was agreed to. (3) applauds the X PRIZE Foundation’s on- most outstanding discoveries of the Inter- A motion to reconsider was laid on going commitment to find solutions to some national Geophysical Year. the table. of humanity’s greatest challenges as exem- plified in the Automotive X PRIZE. This past weekend, I had the opportunity to f visit the home of Explorer I—Jet Propulsion The SPEAKER pro tempore. Pursu- CONGRATULATING THE X PRIZE ant to the rule, the gentleman from Laboratories. Seeing this extraordinary accom- FOUNDATION plishment in person, I couldn’t help but feel a Louisiana (Mr. MELANCON) and the gen- swell of pride knowing that this satellite was Mr. MELANCON. Mr. Speaker, I tleman from Florida (Mr. FEENEY) each the humble beginning of our Nation’s es- move to suspend the rules and agree to will control 20 minutes. teemed space program. An old proverb holds the resolution (H. Res. 907) congratu- The Chair recognizes the gentleman that even the greatest of journeys begins with lating the X PRIZE Foundation’s lead- from Louisiana. a single step. The launch of Explorer I was ership in inspiring a new generation of GENERAL LEAVE that first step, and it helped pave the way for viable, super-efficient vehicles, as Mr. MELANCON. Mr. Speaker, I ask a half-century of space exploration. Today, amended. unanimous consent that all Members JPL missions have rovers on Mars, evaluating The Clerk read the title of the resolu- may have 5 legislative days to revise soil samples on a microscopic level. tion. and extend their remarks and to in- To conclude, I would like to quote the NASA The text of the resolution is as fol- clude extraneous material on House Chief historian Steven J. Dick, who observed lows: Resolution 907, the resolution now that ‘‘Like the railroad and the airplane, H. RES. 907 under consideration. spaceflight has impacted society in ways even Whereas the United States is heavily de- The SPEAKER pro tempore. Is there the visionaries could not have foreseen, and pendent on foreign sources of oil that are objection to the request of the gen- that we cannot fully fathom even today.’’ In- concentrated in tumultuous countries and tleman from Louisiana? regions; There was no objection. deed, through the space program, we continue Whereas the national security and eco- to make important discoveries whose benefits nomic prosperity of the United States de- Mr. MELANCON. Mr. Speaker, I yield amaze generations to come. mand that we move toward a sustainable en- myself as much time as I may con- Mr. WU. Mr. Speaker, I rise in support of H. ergy future; sume. Con. Res 287, recognizing the anniversary of Whereas the ability of foreign governments Mr. Speaker, on June 21, 2004, Space the launch of Explorer I. The launch of Sputnik to assert great control over oil production Ship One became the first privately I by the Russians in October 1957 created allows unfriendly regimes to use energy ex- funded craft to take a person into alarm in the U.S. Many Americans were fear- ports as leverage against the United States space. Space Ship One flew again on ful of what a Russian space program meant and our allies; September 29, 2004, and on October 4, Whereas continued reliance on the use of 2004, and upon successful completion of for our country. greenhouse gas intensive fuels may impact However, the United States quickly re- global climate change; these flights, Mojave Aerospace Ven- sponded. In just 84 days scientists built the Whereas the automotive sector is heavily tures, the developers of Space Ship Explorer I satellite that would begin the next dependent on oil, which makes Americans One, captured the $10 million Ansari X 50 years of space exploration. Scientists at vulnerable to oil price fluctuation and is a PRIZE. Just as important as Space the Jet Propulsion Laboratory collaborated major source of greenhouse gas emissions; Ship One’s historic flights, the com- under the leadership of Dr. William Pickering Whereas average fuel economy in the petition for the X PRIZE spurred the to manufacture what would become Explorer I. United States has increased slowly during creation of a private spaceflight indus- the last 20 years; try in this country. On January 31, 1958, the United States Whereas many promising technologies launched its first satellite into space. Once in exist that can lead to a breakthrough vehicle It is with this past success in mind orbit, the satellite collected data on cosmic that will meet the need for sustainable that I rise to speak in support of the rays. The scientific data was important, but the transportation; new Automotive X PRIZE. This new beginning of our space program was also im- Whereas breakthroughs are often achieved prize will award a multimillion-dollar portant for the assurance it provided Ameri- by the free market fueling the entrepre- prize to teams that can design, build cans. Explorer I signaled we would not fall be- neurial spirit of inventors and investors; and demonstrate production-capable hind Russia in space. Whereas the Automotive X PRIZE is a pri- vehicles that achieve 100 miles per gal- vate, independent, technology-neutral com- lon or its equivalent. With the current Today we continue to rely on scientists, en- petition being developed by the X PRIZE gineers, and mathematicians to solve the Foundation to inspire a new generation of price of oil hovering around $100 per pressing problems of our day. These viable, super-efficient vehicles that help barrel, it is more important than ever innovators continuously rise to the challenges break our addiction to oil and stem the ef- that our country develops technologies we as a Nation face. Explorer I stands as a fects of climate change; that increase the efficiencies of our

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.019 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H576 CONGRESSIONAL RECORD — HOUSE February 6, 2008 automobiles. To this end, I was pleased not in the end win the prize, but could mendous efficiency would dramatically to support H.R. 6, which significantly spur additional technologies. Likewise, reduce our Nation’s dependence on for- raised CAFE standards, and would do this prize will stimulate the entrepre- eign oil, it would stimulate our econ- much to increase the efficiency of neurial spirit of inventors and inves- omy, and certainly improve our na- American automobiles. tors alike, both known entities and tional security. However, the government does not brilliant minds working in backyard I am grateful for the vision and en- hold a monopoly on innovation. Many garages. terprise of men like Dr. Peter of the great discoveries of our time I congratulate the X PRIZE Founda- Diamandis who kindle the spark of in- were accomplished by private individ- tion’s leadership in creating a private, novation that leads to revolutionary uals and companies. From Thomas independent competition designed to technologies. Edison’s discovery of the light bulb to help move us closer to a sustainable Mr. FEENEY. Mr. Speaker, I have no Henry Ford’s perfection of the auto- energy future. I wish them much suc- further speakers, and yield back the mobile, private innovators have cess, look forward to seeing the results balance of my time. changed the face of America. It is my it produces, and encourage my col- Mr. MELANCON. Mr. Speaker, I yield hope that the Automotive X PRIZE leagues to support this resolution. myself such time as I may consume. will once again spur the creative and With that, I would reserve the bal- Mr. Speaker, I just want to make innovative spirit of American citizens ance of my time. sure that I check with Mr. SMITH to help us in our fight for energy inde- Mr. MELANCON. Mr. Speaker, at whether that is stopping for red lights pendence and security. this time I have no recognized Mem- that takes 41⁄2 hours to go across Ne- I would like to thank Mr. LUNGREN bers, I think Mr. FEENEY does, so I will braska. for introducing this resolution, and I reserve the balance of my time. Mr. Speaker, I yield back the balance urge my colleagues to support it. Mr. FEENEY. Mr. Speaker, I am hon- of my time. Mr. Speaker I reserve the balance of ored to yield 1 minute to Dr. BART- The SPEAKER pro tempore. The my time. LETT, my friend from Maryland. question is on the motion offered by Mr. FEENEY. Mr. Speaker, I yield Mr. BARTLETT of Maryland. Mr. the gentleman from Louisiana (Mr. myself such time as I may consume. Speaker, just a few days ago, Shell Oil MELANCON) that the House suspend the I rise in support of H. Res. 907, as Company sent out a press release say- rules and agree to the resolution, H. amended, which recognizes and con- ing that by no later than 2015 the world Res. 907, as amended. gratulates the forward-thinking X would not be able to meet the demands The question was taken; and (two- PRIZE Foundation on one of its latest of our economies for oil and natural thirds being in the affirmative) the contest endeavors, the Automotive X gas. At just about the same time as rules were suspended and the resolu- PRIZE. that, a group came to my office to brief tion, as amended, was agreed to. There is a rich history in this coun- me on the Automotive X PRIZE. You A motion to reconsider was laid on try of prizes sponsored by private enti- may have noticed how much harder the table. ties leading to innovations in science people will work for a prize than they f and technology. Starting with the will for money. Just note the Olympics CALLING FOR A PEACEFUL RESO- Ansari X PRIZE, the privately funded and what these athletes will do for a LUTION TO THE CURRENT ELEC- X PRIZE Foundation has successfully prize. So I am very, very supportive of TORAL CRISIS IN KENYA been able to build on the concept of the this fantastic idea. I bought the first 1927 Orteig Prize, which awarded $25,000 Prius in Maryland, I bought the first Mr. PAYNE. Mr. Speaker, I move to to the first person to be able to make Prius in Congress, and I want to buy suspend the rules and agree to the con- a nonstop transatlantic flight. While the winning car from this competition. current resolution (H. Con. Res. 283) the actual Orteig Prize name may not I have here a note from Donald calling for a peaceful resolution to the be well known, the recipient of this Foley, who is the executive director of current electoral crisis in Kenya, as prize, Charles Lindbergh, certainly is. the Automotive X PRIZE, and he has amended. The benefits of the $400,000 of invest- noted my desire to buy that winning The Clerk read the title of the con- ment teams made in an effort to win car. So hopefully we will be driving current resolution. this prize certainly have been realized, that to the Congress in not too long. The text of the concurrent resolution and the $250 billion aviation industry Thank you very much for yielding. is as follows: that took off shortly thereafter cer- H. CON. RES. 283 b 1530 tainly continues to prosper. Likewise, Whereas on December 27, 2007, the citizens the 2004 Ansari X PRIZE leveraged over Mr. FEENEY. Mr. Speaker, I am of Kenya went peacefully to the polls to $100 million in research by teams vying pleased to yield 2 minutes to my col- elect a new parliament and a new President for a $10 million price for private league and friend from Nebraska (Mr. and signaled their commitment to democ- spaceflight. Won by Mojave Aerospace SMITH). racy by turning out in large numbers and, in Ventures, the Ansari X PRIZE changed Mr. SMITH of Nebraska. Mr. Speak- some instances, waiting in long lines to vote; the public’s perception of personal er, prizes have a history of encouraging Whereas on December 29, 2007, the opposi- innovation by promoting competition tion presidential candidate, Raila Odinga, spaceflight. was reportedly over 300,000 votes ahead of Now the Automotive X PRIZE is and expanding the talent pool to in- the incumbent with 90 percent of the pre- poised to produce similar results for clude a numerous and diverse array of cincts reporting; the next generation of automobiles, groups and individuals. Those unable Whereas on December 30, 2007, the head of viable, super-efficient vehicles. As the or unwilling to secure grants can par- the Electoral Commission of Kenya (‘‘ECK’’) resolution states, our ‘‘national secu- ticipate in the race for the goal. With declared that Mwai Kibaki won the presi- rity and economic prosperity demand prizes, government funding is not used dential election by 197,000 votes; that we move toward a sustainable fu- to pick technological winners and los- Whereas Mr. Kibaki was sworn in as Presi- ture.’’ This prize certainly helps us ers. The prize is only awarded if the dent within an hour of the announcement of the election results, despite serious concerns move in that direction. It will be goal is met. Prizes encourage the in- raised about the legitimacy of the election awarded to the team that can design, vestment of private capital and re- results by domestic and international ob- build and sell super-efficient cars that search, even beyond the monetary servers; achieve 100 miles per gallon and are not value of the prize. Whereas the lack of transparency in vote concept cars, but cars that people will I applaud the X PRIZE Foundation tallying, serious irregularities reported by want to buy. If successful, the end re- for spurring competition and innova- election observers, the implausibility of the sult in and of itself will be impressive, tion in the race to a more efficient margin of victory, and the swearing in of the but the overall benefits to the Nation automobile. When the 100 mile-per-gal- Party of National Unity presidential can- didate with undue haste, all serve to under- will be too numerable to measure. This lon vehicle is achieved, citizens of my mine the credibility of the presidential elec- prize, like those before it, will generate home State of Nebraska will be able to tion results; millions of privately funded research drive across the State on Interstate 80 Whereas the Government of Kenya imposed dollars producing research that may on only 41⁄2 gallons of fuel. This tre- a ban on live media that day, and shortly

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.031 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H577 after the election results were announced, in (5) calls on Kenyan security forces to re- and countries throughout the devel- contravention of Kenyan law, the Govern- frain from use of excessive force and respect oping world should move towards de- ment also announced a blanket ban on public the human rights of Kenyan citizens; mocracy. However, we have seen very assembly and gave police the authority to (6) calls for those who are found guilty of sad occurrences during the past month use lethal force; committing human rights violations to be Whereas on January 1, 2008, 4 commis- held accountable for their actions; or two. H. Con. Res. 283 seeks to ad- sioners on the ECK issued a statement which (7) calls for an immediate end to the re- dress the unfortunate and still unfold- called into question the election results an- strictions on the media, and on the rights of ing political crisis in Kenya. nounced by the Commission and called for a peaceful assembly and association; I went to Kenya last month to assess judicial review; (8) condemns threats to civil society the situation and to encourage polit- Whereas the head of the European Union groups, journalists, religious leaders, human ical, religious, community, and civil Election Observation Mission stated that rights activists, and all those who are mak- society leaders to find a peaceful reso- ‘‘Lack of transparency as well as a number ing every effort to achieve a peaceful, just, lution to the current situation. I vis- of verified irregularities . . . cast doubt on and equitable political solution to the cur- ited thousands of displaced children in rent electoral crisis; the accuracy of the results of the presi- Jamhuri showground and met with vol- dential election as announced by the ECK’’ (9) calls on the international community, and called for an international audit of the United Nations aid organizations, and all unteers from diverse backgrounds. It results; neighboring countries to provide assistance was remarkable and encouraging to see Whereas observers from the East African to those affected by violence and encourages Kenyans coming together to help their Community have called for an investigation the use of all the diplomatic means at their fellow citizens, donating food and ma- into irregularities during the tallying proc- disposal to persuade relevant political actors terial to those in need. ess and for those responsible for such irreg- to commit to a peaceful resolution to the Indeed, witnessing the violence and ularities to be held accountable; current crisis; and meeting the young victims was deeply Whereas in 1991 President Daniel Arap Moi (10) urges the President of the United States to— troubling. Yet, I am confident that agreed to move from one party rule to multi- Kenyans will come out of this crisis party politics, and in 1992, Kenyans voted in (A) continue to support diplomatic efforts to facilitate a dialogue between leaders of united. Kenyans must put Kenya first. record numbers in the country’s first multi- Kenyans of different religious, eth- party election in almost 26 years; the Party of National Unity, the Orange Whereas in 1997 Kenya held its second Democratic Movement, and other relevant nic, and economic backgrounds live to- multi-party elections, despite extremely actors that will lead to the establishment of gether peacefully in a region long high levels of tension between the opposition an interim or coalition government in order marred by civil war and political and the ruling party; to implement necessary constitutional re- chaos. Unfortunately, like the millions Whereas in 2002 the opposition succeeded in forms, establish a mechanism to investigate of Kenyans, the more than 170,000 refu- forming and holding together a coalition the election crisis, and address its root causes; gees from the Ogaden and Somalia re- that for the first time in history ousted the gions in Kenya will also be affected, be- ruling party from power, demonstrating to (B) consider the imposition of targeted sanctions, including a travel ban and asset cause when the central government is Kenyans and Africans that incumbency and freeze, on political leaders and other rel- affected, those other people, refugees the entrenched clout of a ruling party can be evant actors who refuse to engage in medi- defeated through the ballot box; and other groups in need, are also af- ation efforts to end the political crisis in the Whereas the violence and unrest in Kenya fected, as will be the lives of so many country; and threatens to roll back the democratic gains others in the countries surrounding (C) conduct a review of current United made over the past 17 years; Kenya. Many depend on Kenya for eco- States aid to Kenya for the purposes of re- Whereas more than 900 people have died stricting all non-essential assistance to nomic and industrial progress for their and an estimated 250,000 people, 80,000 of Kenya unless the parties are able to estab- countries to survive. whom are children, have been displaced as a lish a peaceful political resolution to the On December 27, 2007, the citizens of result of the violence; current crisis which is credible to the Ken- Kenya went peacefully to the polls to Whereas Kenya has been a valuable United yan people. elect a new parliament and a new presi- States ally since independence, providing the United States with access to its military fa- The SPEAKER pro tempore. Pursu- dent, despite the logistics challenges cilities and political support in the United ant to the rule, the gentleman from and long lines. More than 14 million Nations, and has been an important ally in New Jersey (Mr. PAYNE) and the gen- Kenyans registered to vote. That is 82 the war against terrorism, especially since tleman from New Jersey (Mr. SMITH) percent of the eligible voters. An esti- the United States embassy bombings in each will control 20 minutes. mated 2,547 parliamentary candidates Kenya and Tanzania in 1998; The Chair recognizes the gentleman were qualified to run in the 210 con- Whereas the political instability in Kenya from New Jersey (Mr. PAYNE). stituencies, a clear indication of the is connected to a larger struggle for democ- GENERAL LEAVE desire and the determination of racy and is not merely the result of tribal vi- Kenyans to participate and to be a part olence; Mr. PAYNE. Mr. Speaker, I ask Whereas continued violence and unrest unanimous consent that all Members of the political process in their coun- could have serious political, economic, and may have 5 legislative days to revise try. security implications for the entire region; and extend their remarks and include Incoming President Mwai Kibaki was and extraneous material on the concurrent hastily declared the winner by the Whereas the Assistant Secretary of State resolution under consideration. Electoral Commission of Kenya, after a for African Affairs has stated that ‘‘serious The SPEAKER pro tempore. Is there series of highly irregular events which flaws in the vote tallying process damaged objection to the request of the gen- cast significant doubt on his so-called the credibility of the process’’ and that the tleman from New Jersey? victory. Let me be blunt: The election United States should not ‘‘conduct business results announced by the ECK do not as usual’’ in Kenya: Now, therefore, be it There was no objection. Mr. PAYNE. Mr. Speaker, I rise in reflect the wishes of the Kenyan peo- Resolved by the House of Representatives (the strong support of this resolution and ple. The people of Kenya voted for Senate concurring), That the Congress— yield myself such time as I may con- change. What they were given was (1) commends the Kenyan people for their sume. more of the status quo. commitment to democracy and respect for In reaction to what occurred, the democratic process as evidenced by the Mr. Speaker, ‘‘Kenya is at a cross- high voter turnout and peaceful voting on roads.’’ Those are the words spoken Kenyans went to the streets to express election day; this morning by the chairman of the their frustration and anger. The pro- (2) strongly condemns the ongoing violence Human Rights Commission of Kenya in tests soon turned violent, and it is still in Kenya and urges all parties concerned to a hearing that I chaired on the current unfolding as we speak. More than 1,000 immediately end use of violence as a means crisis today. people have been killed and over 300,000 to achieve their political objectives; Kenya had been considered a linchpin displaced as a result of unrest, includ- (3) calls for a peaceful, negotiated settle- on economic and political stability in ing an estimated 80,000 children under ment of the conflict in Kenya; the East Africa region for decades. We the age of 5, and these young lives are (4) calls on the 2 leading presidential can- didates to continue to accept external and always were proud of the accomplish- being traumatized as we speak. Mil- internal assistance to help find a solution to ments and the achievements of them, lions more have been adversely af- the current crisis which has the support of and we often pointed to Kenya as a fected. Two members of the parliament the people of Kenya; beacon of how other African countries from the opposition ODM were killed in

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.017 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H578 CONGRESSIONAL RECORD — HOUSE February 6, 2008 January, reducing a five-member lead the root causes of the crisis and pre- Odinga, to work together for a medi- to three. pare the country for transparent Presi- ated solution to this crisis. The instability in Kenya continues to dential elections within 2 years. The The U.S. must do all that it can to threaten and affect the economies of people of Kenya deserve no less. encourage them to move in this direc- neighboring countries, imposing seri- Mr. Speaker, I reserve the balance of tion. The resolution emphasizes our ous threats to regional stability, a my time. hope that this dialogue will lead to an fragile region in the first place. But Mr. SMITH of New Jersey. Mr. establishment of an interim or coali- this is going to make it even more Speaker, I yield myself such time as I tion government that can enact con- fragile. The Kenyan economy has been may consume. stitutional reform and establish a hit hard and recovery may take a long Mr. Speaker, I rise in strong support mechanism to investigate this crisis. time. of H. Con. Res. 283, addressing the cur- Mr. Speaker, I urge strong support H. Con. Res. 283 does several critical rent crisis in Kenya. I, like much of the and backing for H. Con. Res. 283. things. One, it strongly condemns the world, was shocked by the violence I reserve the balance of my time. ongoing violence in Kenya and urges that followed the December 27 elec- Mr. PAYNE. Mr. Speaker, I reserve all parties concerned to immediately tions in Kenya, a country that has the balance of my time. end the use of violence as a means to proven to be a great friend and ally of Mr. SMITH of New Jersey. Mr. achieve their political objectives. It the United States over the years. Speaker, I yield 4 minutes to the dis- also calls for all parties to participate My heart and my condolences, as tinguished gentleman from California in good faith and dialogue mediated by well as that of every Member of this (Mr. ROYCE). former United Nations Secretary Gen- Chamber, go out to the victims of this Mr. ROYCE. I would like to begin by eral Kofi Annan, and asks President violence and their families, some 1,000 commending the gentleman from New Bush to consider imposing asset freezes people who have been killed since that Jersey, Chairman PAYNE, of the Africa and travel bans on leaders in the Party fateful election day. Subcommittee. I want to thank him for of National Unity, the Orange Demo- There have been shocking events introducing this resolution that ad- cratic Movement, and other relevant that few of us expected to see in Kenya, dresses the troublesome violence that actors who refuse to engage in this dia- protesters shot by police, gangs with is occurring today in Kenya, and I logue to end the current crisis. machetes butchering innocents, a would like to recognize the good work Additionally, the resolution calls for crowd of people, including women and of the subcommittee’s ranking mem- the international community to re- children, burned alive in a church. Two ber, Mr. SMITH, as well. spond to the grave humanitarian needs opposition parliamentarians, as Mr. Mr. Speaker, the situation in Kenya of the people of Kenya and all neigh- PAYNE just pointed out, have been has been described. Since the post-elec- boring countries to provide assistance gunned down since the violence began. tion violence erupted at the end of De- to those affected by the violence. Now some 300,000 people have fled their cember, we know that now over 1,000 homes, have fled their neighbors, and Kenyans have been killed. We know b 1545 remain displaced. They are virtual ref- that a quarter million souls have been At the same time, it calls for a re- ugees within their own country. Aid forced to flee from their homes. Many view of our assistance to Kenya and re- workers tell us that about 80,000 of of these homes have been burned. Many strict any nonhumanitarian assistance. these internally displaced people are individuals have been burned. As this Before concluding, though, I would children under the age of 5. resolution notes, international observ- like to point out that U.S. diplomatic The priority for everyone has to be to ers found the election to be seriously efforts in the wake of the election have stop the violence and to end the kill- flawed, implicating the government. not been stellar. Indeed, the response ing. In addition, we must examine the Today, as Kenya’s politicians fight for to the Kenyan election crisis proves be- context in which the violence erupted power, its people suffer and some of yond a doubt that some of the adminis- in the first place. those people are suffering terribly. tration officials are too quick to em- The broad strokes of what happened This resolution calls on President brace a government that engages in during and after the December 27 elec- Mwai Kibaki and opposition candidate electoral abuses and overlook rather tions are now well known. Millions of Raila Odinga to accept external assist- than condemn its electoral and human Kenyans voted that day in the coun- ance to find their way out of this. This rights abuses. try’s fourth multiparty elections and it has been occurring of late with the We saw this happen in the 2005 elec- is a testament to the Kenyan people former U.N. Secretary General bring- tions in Ethiopia. We must proceed that some 14.2 million people, 82 per- ing about some progress. But without carefully and thoughtfully and work cent of all eligible voters, were reg- this, the factions seem incapable of with our partners in the EU and AU to istered to vote. I won’t recite the poll- moving ahead on their own. help resolve this crisis. I also want to ing numbers or give an autopsy of the The resolution also calls for holding emphasize a very critical point. De- election, but suffice it to say that at accountable those responsible for vio- spite statements by some to the con- some point the system went terribly lence. Widespread violence can almost trary, what is happening in Kenya is wrong. always be traced back to ringleaders. not an ethnic conflict. It is a political The European Union said the elec- That was the case in Rwanda, where a conflict with ethnic overtones. tions were ‘‘marred by a lack of trans- small band sparked a genocide. We must look closely at the histor- parency which raised concerns about Kenyans don’t want their country ical and political context to really un- the accuracy and final results of this ripped apart, but a small number of re- derstand and to avoid making addi- election.’’ Election observers from the cruiters, I suspect, are leading it in tional mistakes on how we characterize East African community also raised se- that way. We should do our best to let what is happening today in Kenya. rious concerns about the elections, and would-be killers, including government However, if political leaders in Kenya eventually the United States, too, as- officials, know that the world is watch- do not make a serious effort to stop the serted that ‘‘serious flaws in the vote ing and they will face the consequences violence now and address the systemic tallying damaged the credibility of the if they incite violence. problems that exist in their political process.’’ The State Department’s top official structures, the violence we are seeing I want to commend my friend and charged with Africa recently called the could certainly reach a point of no re- colleague, Chairman PAYNE, for his violence ‘‘ethnic cleansing.’’ We cannot turn. leadership on this issue. I joined him to be complacent. The potential for vio- Once that happens, it will be very dif- cosponsor this resolution, which calls lence spiraling upward should never be ficult to stop. It is critical that a tran- for an end to the violence and an end to discounted. This is the reason, of sitional coalition government is estab- restrictions on the media. It condemns course, that our Peace Corps is leaving lished with a clear mandate to imple- threats to human rights activists and Kenya. ment necessary reforms such as a new others who are working for a peaceful Looking back a few months, the U.S. constitution, a new electoral law, a solution to this crisis. It calls on Presi- and the international community was new electoral commission, and address dent Kibaki and the challenger, Mr. complacent and somewhat naive about

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.034 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H579 the Kenyan elections. News reports and Bhutto, it’s clear to me that the Ms. JACKSON-LEE of Texas. Mr. Speaker, analysts expressed surprise over the United States’ interest in monitoring I rise today in strong support of H. Con. Res. election violence. I chaired the Africa elections is paramount because of the 283, calling for a peaceful resolution to the Subcommittee for 8 years working with national security implications in all of current electoral crisis in Kenya, introduced by Chairman PAYNE. There is a tendency, these parts of the world, that we have my distinguished colleague from New Jersey, an understandable one, to see African election monitors stationed in all of Chairman PAYNE. This important legislation ‘‘successes,’’ and Kenya has been de- these places of the world where there commends the Kenyan people for their signifi- scribed as one. While many African are elections. cant strides towards democracy and calls for countries have made progress, many I know that the NDI and the NRI, the the peaceful resolution of their current elec- African countries face fundamental and National Democratic Institute, Na- toral crisis. very difficult challenges that leave tional Republican Institute and these As a senior Member of the Committee on them very vulnerable. A better realiza- organizations that we promote as a Foreign Affairs as well as the Subcommittee tion of that, a more realistic view, I country, we need to, as a Congress, on Africa and Global Health, I am deeply con- think, would lead to a better Africa continue to support those organiza- cerned with the current crisis in Kenya. It sad- policy. tions because they are absolutely indis- dens me to see the once relatively stable Kenya is a very important country. pensable towards our national security country of Kenya explode into chaotic vio- Its economy is key to East Africa. This in helping to secure better faith and lence, which has left more than 900 people violence has been economically dev- confidence in these elections that are dead and forced 300,000 people from their astating to many Kenyans. We have taking place around the world. If there homes. Democracy must move forward in terrorism concerns in the region. So we is confidence in these elections, and, Kenya, and the cry for clear, transparent and have humanitarian and other reasons, clearly, these elections have been peaceful elections must not go unheard by the other reasons besides just the question called into dispute, especially here in international community. As Kenya’s political of the inhumanity here to help Kenya, then there is going to be an un- crisis also becomes a humanitarian emer- Kenyans move forward. It is Kenyans raveling of confidence, and, as we have gency, with over 300,000 people displaced themselves who must look within to seen, an occurrence of violence. That from their homes and the distribution of food help get out of this crisis. But the U.S. occurrence of violence is going to be aid halted, experts have begun to warn of a and others should help, and this resolu- destabilizing, not only to the region looming health crisis. It is vital for the people tion calls for that help. I urge support but also to our own national security of Kenya that we work rapidly to bring this for it, and I commend Chairman PAYNE interests. conflict to a peaceful conclusion. for authoring it. That is why I support this resolution This important legislation denounces Ken- Mr. PAYNE. Let me thank the gen- and certainly want to salute my col- yan security forces from using unwarranted tleman from California and commend leagues in saying that in the future, we force and urges them to respect the human him for the outstanding work that he need to do more to support these ef- rights of Kenyan citizens. This legislation fur- did as chairman of this subcommittee forts of monitoring these elections and ther condemns the callous terrorization to civil and his continued interest in the sub- giving the support that they need on society groups, journalists, religious leaders, committee’s activities. the ground to make sure that they and civil rights leaders. I would like to say that I appreciate really are transparent elections in While Kenya has long been an important the gentleman from New Jersey co- every sense of the word. friend and ally to the United States, at times sponsoring this resolution, Mr. SMITH, I thank the gentleman for his leader- our relationship has been strained due to con- and Mr. WOLF, who has been a true real ship. cerns about corruption and human rights con- leader on issues in Africa, too. One of Mr. PAYNE. Let me thank you very ditions in the sub-Saharan nation. However, the things that I must say, as I already much. Let me also commend you for this intricate relationship has been recently re- mentioned about Mr. ROYCE, that our the work that you continue to do in newed and reinvigorated with the advent of Subcommittee on Africa, regardless of Cape Verde and other developing coun- the 1992 multiparty elections in Kenya. The which political party tends to chair it, tries, and your work in Haiti certainly people of Kenya have shown a desire and has worked in a bipartisan manner for makes all of us proud. commitment for democracy that is unprece- the 20 years that I have been a member With that, Mr. Speaker, I have no dented and sets a new standard for the re- of the committee, sometimes in the further requests for time, and I yield gion. Their unparalleled commitment to de- majority, sometimes in the minority. back the balance of my time. mocracy and respect for the democratic proc- But the thing that has been very en- Mr. SMITH of New Jersey. Again, I ess is indicated in the high voter turnout and couraging is that in 95, 96 percent of want to thank Chairman PAYNE for his peaceful voting on election day. the time, I would say we are on the great leadership on this issue. We work On December 27, 2007, the desire of the same page. We see things the same very well together on that committee. Kenyan nation for a meaningful change in poli- way. We might have to tweak a word or Mr. Speaker, this was very impor- tics and the revival of democracy was mani- two here, but by and large, we have tant, and it is very important that we fest in the millions of Kenyans who took to the been able to move forward on so many get a very strong vote by the House on polls. The months preceding the December important issues because of the bipar- behalf of the Payne resolution. We need elections showed opposition candidate Raila tisan spirit. to send a clear message to Kenya that Odinga leading in the polls over incumbent Once again, Mr. ROYCE, I appreciate we are watching, that we care deeply President Mwai Kibaki. Amidst domestic and your continued support, and, of course, about what is unfolding there, and that international cries of polling irregularities, the Ranking Member SMITH, who is not we stand in solidarity there with those Electoral Commission of Kenya declared only doing a tremendous job here but who have lost loved ones, with the President Kibaki as the winner. with the Helsinki Commission, and for IDPs and others. It is not the election itself but rather the the fact that he is very interested in We want a robust democracy in aftermath of the elections and a way forward the situation in China, I appreciate Kenya because they want a robust de- that concerns us here today. The Kenyan your continued human rights efforts. mocracy in Kenya. The people deserve Constitution authorizes the establishment of It’s a pleasure to work with you. it. We thought they had it to some ex- the Electoral Commission of Kenya, ECK. Mr. KENNEDY. Mr. Speaker, will the tent. While the ECK is comprised of 22 commis- gentleman yield? I think the chairman’s mention of sioners, 19 of the commissioners were ap- Mr. PAYNE. I yield to the gentleman Ethiopia was a very important one. We pointed by President Kibaki last year, which is from Rhode Island. thought Ethiopia was moving in the authorized by the Kenyan Constitution. What Mr. KENNEDY. I want to thank the right direction. An election was held. is not authorized was the appointment of the gentleman from New Jersey for his It was seriously marred with irregular- new commissioners without proper consulta- work in this area and just say, having ities, and then a series of killings fol- tion with opposition parties, which violated the just returned from another part of the lowed thereafter. That’s still a very un- Inter-Parliamentary Parties Group Agreement world that has been turned upside down settled part of the world as well. Again, of 1997. While the ECK quickly declared by election disturbances in Pakistan, I want to thank the chairman for his President Kibaki the winner, the chairman of with the assassination of Benazir important resolution. the commission later admitted that he ‘‘was

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.039 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H580 CONGRESSIONAL RECORD — HOUSE February 6, 2008 under intense political pressure from powerful by violence, and use all the diplomatic means tributions of Korean-Americans in forging political leaders and the ruling party.’’ Further- to persuade relevant political actors to commit stronger bilateral ties between our two coun- more, press reports quote the Kenya Electoral to a peaceful resolution to the crisis. This leg- tries; Commission Chairman Samuel M. Kivuitu as Whereas the Republic of Korea is the islation emphasizes precisely these issues. United States seventh largest trading part- stating that ‘‘the day he went to deliver the I strongly urge my colleagues to join me in ner and the United States is the third largest certificate declaring Kibaki the winner, he saw supporting this extremely important legislation trading partner of the Republic of Korea the chief justice already at the State House re- that arbitrates for the Kenyan people. with nearly $80 billion in annual trade vol- portedly waiting to swear in Kibaki.’’ The b 1600 ume; swearing-in ceremony itself was so rushed Whereas the United States and the Repub- that it is said organizers forgot to include the Mr. SMITH of New Jersey. Mr. lic of Korea are working closely together to national anthem in the program. Mr. Speaker, Speaker, I yield back the balance of promote international peace and security, to call these events ‘‘irregularities’’ as the ECK my time. economic prosperity, human rights, and the rule of law; and commissioners and ECK staff have conceded, The SPEAKER pro tempore. The question is on the motion offered by Whereas Lee Myung-Bak, upon winning the is a vast understatement. In order for Kenya to election to become the next President of the continue moving forward on its current demo- the gentleman from New Jersey (Mr. Republic of Korea, stated that he would seek cratic trajectory, elections must be transparent, PAYNE) that the House suspend the to further strengthen the relationship with free, and fair, none of which were seen in the rules and agree to the concurrent reso- the United States: Now, therefore, be it December 27 election. This legislation calls lution, H. Con. Res. 283, as amended. Resolved, That the House of Representa- upon the two leading presidential candidates The question was taken. tives congratulates Lee Myung-Bak on his to accept offers of external and internal assist- The SPEAKER pro tempore. In the election to the presidency of the Republic of Korea and wishes him well during his time of ance to help find a solution to the current cri- opinion of the Chair, two-thirds being in the affirmative, the ayes have it. transition and on his inauguration on Feb- sis that has the support of the people of ruary 25, 2008. Kenya. Mr. PAYNE. Mr. Speaker, on that I The SPEAKER pro tempore. Pursu- What is equally disturbing was the United demand the yeas and nays. ant to the rule, the gentleman from States’ reaction to this electoral crisis. While The yeas and nays were ordered. New Jersey (Mr. PAYNE) and the gen- the EU observers criticized the election for its The SPEAKER pro tempore. Pursu- tleman from California (Mr. ROYCE) myriad of inconsistencies, on December 30, ant to clause 8 of rule XX and the each will control 20 minutes. the United States government reportedly con- Chair’s prior announcement, further The Chair recognizes the gentleman gratulated President Kibaki for his victory. In a proceedings on this motion will be from New Jersey. recently released report, the EU concluded, postponed. GENERAL LEAVE ‘‘the 2007 general elections have fallen short f of key international and regional standards for Mr. PAYNE. Mr. Speaker, I ask democratic elections. Most significantly, they CONGRATULATING LEE MYUNG- unanimous consent that all Members were marred by a lack of transparency in the BAK ON ELECTION TO PRESI- may have 5 legislative days in which to processing and tallying of presidential results, DENCY OF THE REPUBLIC OF revise and extend their remarks and in- which raises concerns about the accuracy of KOREA clude extraneous material on the reso- the final results of this election.’’ Following Mr. PAYNE. Mr. Speaker, I move to lution under consideration. both regional and international uproar, the suspend the rules and agree to the reso- The SPEAKER pro tempore. Is there United States seemingly changed its position lution (H. Res. 947) congratulating Lee objection to the request of the gen- in January as Assistant Secretary of State for Myung-Bak on his election to the Pres- tleman from New Jersey? African Affairs, Jendayi Frazer, declared that idency of the Republic of Korea and There was no objection. ‘‘serious flaws in the vote tallying process wishing him well during his time of Mr. PAYNE. Mr. Speaker, I rise in damaged the credibility of the process.’’ Such transition and his inauguration on strong support of this resolution, and I inconsistency on the part of diplomatic corps February 25, 2008. yield myself such time as I may con- of the United States sends a poor message to The Clerk read the title of the resolu- sume. our friends and allies struggling for democracy tion. I would like to first thank my friend across the sea. The text of the resolution is as fol- Mr. ROYCE of California for introducing As outrage over the electoral results per- lows: this resolution which congratulates meated throughout the country, so too did H. RES. 947 President-elect Lee Myung-Bak on his victory in the South Korean presi- spontaneous demonstrations of anger and ulti- Whereas the United States and the Repub- mately violence. Recent statistics reported by lic of Korea share a longstanding and com- dential elections. the UN and Kenyan sources state that since prehensive alliance rooted in the common In electing Lee Myung-Bak, the late December more than 900 people have principles of freedom and democracy; South Korean people have selected a been killed and an estimated 300,000 dis- Whereas on June 11, 2007, the House of Rep- man of exceptional accomplishment placed, including some 80,000 children under resentatives passed H. Res. 295 recognizing and proven leadership. During his 27 the age of five. International observers have ‘‘the strong alliance between the Republic of years at the helm of Hyundai Group, Korea and the United States and expresses proclaimed that while some protestors died Mr. Lee transformed the company from appreciation to the Republic of Korea for its a successful but relatively small local due to mob violence, many others were re- contributions to international efforts to portedly shot and killed by police. While the combat terrorism’’; corporation into South Korea’s largest Kenya military did not engage in riot control Whereas on December 19, 2007, the Senate industrial conglomerate with a domi- for most of January, press reports and Kenyan passed S. Res. 279 recognizing that ‘‘the nant worldwide presence. sources state that Kenyan police and security strength and endurance of the alliance be- Mr. Lee and Hyundai’s success helped were given authority to use lethal force to dis- tween the United States and the Republic of drive the Republic of Korea’s dramatic sipate mobs. In the wake of the disputed elec- Korea should be acknowledged and cele- success as an East Asian economic brated’’; tion results, the Kenyan government banned ‘‘tiger’’ in the seventies, eighties and Whereas, since 2000, the United States nineties. The parallel is particularly demonstrations and initiated media restric- House of Representatives and the Republic of tions, which seem to have further stoked the Korea National Assembly have engaged in an appropriate since in English the Ko- fire. interparliamentary exchange to discuss rean word ‘‘hyundai’’ means ‘‘modern.’’ Mr. Speaker, with the intolerable number of issues central to the U.S.-Republic of Korea As Mr. Lee led the company to new Kenyans dead and displaced, it is imperative relationship; heights, he played a direct role in the that the United States play a meaningful role Whereas there are deep cultural and per- spectacularly rapid modernization of in resolving the current crises. With, two failed sonal ties between the peoples of the United the Republic of Korea. international missions, it is time that we rethink States and the Republic of Korea, as exem- Mr. Lee’s extraordinary professional plified by the large flow of visitors and ex- career is right at home among the our strategy in addressing the current crisis. changes each year between the two nations, The ongoing violence as a means to as well as the nearly two million Korean- American Dream stories of our Nation. achieve political objectives in Kenya must Americans; The son of a cattle rancher who fell come to a halt. We need the superior support Whereas Congress recognizes January 13 as onto hard times, Mr. Lee was born into of the United Nations to assist those affected Korean-American Day, honoring the con- poverty and worked his way through

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.045 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H581 college as a garbage collector. Relying Madam Speaker, I rise in support of South Koreans with Pyongyang. Such on his talents and work ethic, he even- this resolution, House Resolution 947, ‘‘controversial’’ issues, amazingly, tually rose to the pinnacle of the busi- which I authored and which has the were taboo to previous governments ness world. support of Chairman LANTOS and Rank- which sat out a U.N. condemnation of Committing himself to politics, he ing Member ROS-LEHTINEN and Mr. North Korea’s human rights abuses became the mayor of Seoul and applied PAYNE and Mr. FALEOMAVAEGA of the just last fall. his leadership skills and his no-non- Foreign Affairs Committee, among Importantly, President-elect Lee is a sense approach to improve that impor- others. strong proponent of the U.S. trade tant city. Now as South Korea’s presi- I serve as a member of the Asia Sub- agreement. As the South Korean Army dent, he is uniquely able to lead and committee and as the vice chairman of continues to strengthen, the economic further strengthen his country, one of the U.S.-Republic of Korea Inter- relationship between our two countries the United States’ closest and most parliamentary Exchange. This resolu- will increasingly define this overall re- significant allies. tion congratulates Lee Myung-Bak on lationship. That is why I heard so Mr. Lee’s story is a potent reminder his election as president of the Repub- much about the trade agreement on my that the friendship between the United lic of Korea and wishes him well during trip to Korea last summer in my role States and the Republic of Korea is his time of transition. as the vice chairman of the U.S.-Re- based not only on our shared interest In this country, Korean Americans public of Korea Interparliamentary Ex- but also our shared values. For over 50 watched the Korean presidential cam- change. years, our two countries fought to- paign with great interest, and their At a time when many are worried gether against common threats such as community has played a very impor- about the future of our economy, it is communism, but the foundation of our tant role in bringing greater attention essential that we expand into foreign alliance is a common commitment to to issues of mutual importance, and I markets. The Korea-U.S. FTA will do democracy, individual liberties, and would like to recognize their efforts. just that, opening up Korean markets human rights. The U.S. partnership with Korea to U.S. products. If KORUS isn’t The end of the Cold War did not end dates back to 1882 with the signing of passed, it won’t just be our economy the critical role of our alliance in pro- the Treaty of Peace, Amity, Com- that will suffer, but our relationship moting and protecting political and merce, and Navigation between the with the Republic of Korea. economic freedoms in Asia and around Kingdom of Chosun and the United In closing, I would like to congratu- the world. Today, we work side by side States. This treaty contemplates ever- late President-elect Lee on his victory. to combat international terrorism, lasting amity and friendship between In the past 60 years, the U.S.-Republic denuclearize the Korean Peninsula, and our two peoples, and for over 125 years, of Korea alliance has helped move both countries forward. I know many of us promote peace and stability in north- we have worked to achieve this. in Congress greatly look forward to the east Asia. This work relies on our One of the truest tests of our partner- opportunity to work together to fur- strong military alliance, bolstered by ship with South Korea came in June of ther our already-strong partnership. 28,000 military personnel stationed in 1950 when Communist North Korea in- vaded the South. American and South Madam Speaker, I reserve the bal- the Republic of Korea. ance of my time. Korean forces fought valiantly side by We also share a dynamic economic Mr. PAYNE. Madam Speaker, I re- side and they warded off that Com- relationship. With two-way trade ap- serve the balance of my time. proaching $80 billion, South Korea is munist onslaught. Mr. ROYCE. Madam Speaker, I would the United States’ seventh largest In the 60 years since, the U.S.-South like to yield to the ranking member, Korean relationship has blossomed in trading partner, and the United States Mr. SMITH, for as much time as he may is the fourth largest trading partner of every respect: economic, political, consume. the Republic of Korea. Our shared com- militarily. Nearly 30,000 U.S. troops Mr. SMITH of New Jersey. Madam mitment to free, fair, and open polit- stand along with the South Korean Speaker, I congratulate the gentleman ical systems is reinforced by our com- Army to preserve stability in northeast on his authorship of this fine resolu- mitment to free, fair, and open mar- Asia. South Korea has grown into the tion. I rise today to express my support kets. seventh largest trading partner with for the resolution honoring the upcom- Further strengthening our bilateral the United States. ing inauguration of Mr. Lee Myung- relationships and our bonds of friend- And on February 25 of this year, Lee Bak as 17th President of the Republic ship are the millions of South Korean Myung-Bak will assume the presidency of Korea. visitors that come to the United States of the Republic of Korea. He does so at South Korea’s rise from the ashes of and the millions of visitors from the a critical time during our partnership. war and subsequent evolution as a vi- United States that travel to South The Republic of Korea and the U.S. brant and prosperous democracy is Korea every year. Many South Koreans once again face a great challenge in truly one of the miracles of the second who come to the United States do so to dealing with a nuclear-armed North half of the 20th century. visit their Korean American family Korea, a regime that denies its citizens I believe that our Korean war vet- members, who make up a vitally im- the most basic of human rights. The erans, who sacrificed so much and portant part of the United States’ so- Six Party Talks have stalled, and Kim fought so valiantly, and all of the cial and economic fabric. Jong-Il’s regime has continually failed American people, can take great pride Based on these shared interests and to come clean on the extent of its nu- in the assistance that we provided for values, the U.S.-Republic of Korea rela- clear programs. Yesterday, Admiral that remarkable evolution. tionship is strong and is poised to grow Michael McConnell, Director of Na- Today, the bright lights in the night even stronger. tional Intelligence, testified that sky on the southern half of the Korean With this resolution, we in Congress ‘‘while Pyongyang denies a program for peninsula stand in marked contrast to rightly congratulate Mr. Lee Myung- uranium enrichment, and they deny the shadow of darkness that enfolds Bak on becoming the next president of their proliferation activities, we be- North Korea. North Korea is a tragic South Korea, welcome his inauguration lieve North Korea continues to engage failed state and is one of the great los- on February 25, and look forward to the in both.’’ ers of the Cold War; yet its starving opportunity to work with him to fur- I am hopeful that President-elect Lee yearn to breathe free and share in the ther strengthen the relationship be- Myung-Bak will offer a new, effective prosperity of South Korea. tween our two countries. approach to these challenges. To date, The peaceful, democratic reunifica- I strongly support this resolution, Lee Myung-Bak has argued that the tion of North Koreans with their south- and I encourage my colleagues to do previous administrations gave too ern brothers is a noble endeavor to the same. much unconditional aid to buy rec- which we should give our full and un- Madam Speaker, I reserve the bal- onciliation with the North. In a recent flinching support. ance of my time. press conference, President-elect Lee Mr. Lee’s inauguration comes at a Mr. ROYCE. Madam Speaker, I yield said he would like to discuss human time when we have reached a cross- myself such time as I may consume. rights and the whereabouts of abducted roads on the Korean peninsula.

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.043 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H582 CONGRESSIONAL RECORD — HOUSE February 6, 2008 North Korea must decide whether to tion for Ethiopian soldiers who fought celebrated the 125th anniversary of the Ko- completely and unconditionally re- with them in the Korean War. rean American Treaty of Peace, Amity, Com- nounce its nuclear weapons program And, as a matter of fact, it’s very in- merce and Navigation which was signed in and finally join the family of nations. teresting that the South Korean Gov- 1882. Its alternative is to slip slowly into the ernment still pays veterans a monthly In my opinion, it is hard to overestimate the abyss as a dynamic South Korea leaves stipend, those who are still alive, of importance of the close bond between the it farther and farther behind. course, and who served in that war, United States and South Korea. The United The fact that President Lee has given they send them a check every month to States and Korea have a mutual defense trea- a firm indication that he wishes to show their appreciation for the Ethio- ty that dates back to 1953, and Korea has work together with the United States pians who fought. I don’t know of many supported U.S. military efforts abroad, as re- and our allies as a team to resolve the countries that have done anything like cently as in both Iraq and Afghanistan. Korea North Korean nuclear crisis is welcome that. has been one of only four partners and allies news indeed. Mr. Lee has also said that So, Mr. ROYCE, I certainly support that stood with us through all four major con- it is his priority to strengthen an alli- your resolution. flicts since World War II. In addition, South ance which was forged in the crucible Mr. GARRETT of New Jersey. Madam Korea demonstrated her great friendship and of the Korean War. Speaker, I am pleased that the House is con- generosity in the aftermath of Hurricane From the dark days of the Pusan pe- sidering H. Res. 947 today, congratulating Lee Katrina, pledging over $30 million in aid for re- rimeter to the brilliant Inchon landing, Myung-Bak on his election to the Presidency lief and recovery efforts—the fourth largest American, Allied, and South Korean of the Republic of Korea. I was proud to co- amount donated by any foreign country. troops all fought together in the drive sponsor this resolution and I join with my fel- On June 30, 2007, representatives of both to victory with the liberation of Seoul. low Members in wishing him well during his governments signed the historic United States- This is in part the shared history of our time of transition this month. Korea Free Trade Agreement. If and when this two countries which has linked us in a When Lee Myung-Bak is inaugurated on agreement is approved by Congress I believe common destiny. February 25, I am confident that he will do it will increase trade and investment flowing I would especially like to commend much to broaden the longstanding relationship through our agriculture, industrial, consumer President Lee for raising the long-for- between the Republic of Korea and the United products, automobile and financial services gotten issue of the old soldiers of States of America. In the past month, he has sectors. I believe this agreement will enhance South Korea, left behind as POWs in already met with President Bush and Vice the strong partnership between two great the North and held against their will President CHENEY, as well as several mem- democratic nations and will open the door for over 50 years since the signing of bers of the President’s Cabinet and Members wider to the exchange of science and ideas the armistice. I would also like to note of Congress. that will cause us both to continue to prosper. This agreement is a natural extension of the with extreme sadness that more than President-elect Myung-Bak is well-qualified strong affinity between our two countries, 8,000 U.S. servicemen remain missing to assume his new role. He earned a B.A. in marked by extraordinary diplomatic, political, in action from that conflict. Business Administration at the Korea Univer- military, and economic cooperation. Although Finally, the alliance and friendship sity and later served as a Visiting Scholar at the devil is always in the details, I understand between the Republic of Korea and the George Washington University here in Wash- that this agreement could potentially be the United States have been promoted and ington, DC before being awarded two Hon- most commercially-significant free trade agree- deepened by the many contributions of orary Doctor of Economics degrees. ment signed by the United States in more than our own vibrant Korean American com- Additionally, President-elect Myung-Bak’s past professional experience has honed his a decade. munity. While ever mindful of the old As many of my colleagues already know, vital business, diplomatic, and political skills. country from which they came, Korean South Korea is already the United States’ sev- For 15 years, he was the CEO of 10 Hyundai Americans have stepped forward in in- enth largest export market and sixth largest numerable ways, in science, medicine, Group affiliated companies. He then served as market for U.S. agricultural products. In fact, religion, business, education, music, a National Assemblyman from 1992 to 1998 according to the latest statistics, our annual bi- athletics, and culture, to make invalu- before being elected Mayor of Seoul in 2002. lateral trade totals nearly $80 billion. Any I applaud President-elect Myung-Bak for ex- able contributions to the United agreement that can open up more Korean States. pressing his commitment to free market poli- markets to U.S. goods and services can only In saluting President-elect Lee and cies that encourage both foreign and domestic have a positive effect on the American econ- the strength of our alliance, we also investors. I look forward to the ratification of omy by creating more and better jobs, enrich- honor those Korean Americans who the United States-South Korea Free Trade ing consumer choice, and boosting U.S. indus- have ensured that the links between Agreement and I welcome his proposed plans try and manufacturing. our two countries are truly the ties to reduce trade restrictions and lower tax Koreans have invested nearly $20 billion in that bind. rates. Furthermore, as the Republic of South the United States, and have created American So, President-elect Lee, we wish you Korea assists in negotiating Pyongyang’s jobs through companies like Hyundai Motors, and your country Godspeed as you ap- denuclearization, I urge the President-elect to Samsung Electronics, and Kia Motors. And as proach your inauguration on February closely integrate U.S. and Japanese initiatives the largest investor in Korea, the United 25. related to the Democratic People’s Republic of States already has a leading presence in that Korea. b 1615 country. Today, I join my colleagues in congratu- As I have said before and will continue to Mr. PAYNE. Let me once again say lating President-elect Myung-Bak, and I wish say, I think it is important to note that trade re- that I certainly support this very time- him, his wife and four children success in the lationships do more than just facilitate eco- ly resolution and urge that our two years ahead. nomic growth; this FTA recognizes our special countries continue to forge strong rela- Mr. BURTON of Indiana. Madam Speaker, I relationship with South Korea that I mentioned tions. rise today in strong support of House Resolu- before and makes the strong statement that We, as has been mentioned, have a tion 947, sponsored by my friend and col- we will continue to stand with our allies. very strong Korean American commu- league from California, Mr. ROYCE, which of- South Korea is the fifth largest tourism-gen- nity, even in my State of New Jersey. fers the House of Representatives’ congratula- erating country to the United States with over But also, I’d just like to mention, now tions to Lee Myung-Bak on his election to the 800,000 Koreans visiting the U.S. every single that I’m thinking about it, several presidency of the Republic of Korea. year. This number is expected to double (at years ago I had the opportunity to visit Additionally, this resolution recognizes the the minimum) when South Korea joins the a hospital in Ethiopia. A Christian or- very special and longstanding relationship be- Visa Waiver Program. According to the De- ganization built a hospital. Much of tween South Korea and the United States; a partment of Homeland Security, South Korea the funds came from individual relationship whose modern day form was first also has the largest foreign student population businesspeople from South Korea. The forged in the heat of battle as U.S. and South in the U.S. Nearly 2 million Americans of Ko- Myung Sung Christian Hospital in Korean soldiers fought to defend South Korea rean descent live in communities all across Addis is the finest hospital in all of from aggression by Communist North Korea. our Nation, representing all walks of life and Ethiopia, and it was built by the Kore- In fact, our history of friendship reaches be- making innumerable contributions to the en- ans who wanted to show their apprecia- yond the past century; and just last year we richment of our Nation’s culture and economy.

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.045 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H583 South Korea is a strong, unwavering ally in Korea has contributed the third largest coali- some of the most prominent individuals that the U.S.-led Global War on Terror, having dis- tion troop contingent in Iraq, pledged $460 mil- have contributed to every facet of American patched the third largest contingent of troops lion toward postwar reconstruction and had life in every state and territory. to Iraq, and to Afghanistan (where a South previously also committed troops for peace- Madam Speaker, this resolution is very im- Korean soldier was killed during hostile ac- keeping operations in Afghanistan, and Leb- portant to show our sense of appreciation to tion), and to Lebanon in support of peace- anon. As a key member of the Six-Party Talks all South Koreans, to express how much we keeping operations; and South Korea is a key to denuclearize North Korea, the Republic of care about them and how important they are partner in the Six-Party Talks to resolve North Korea shares an important responsibility for to our strategic and economic interests in that Korea’s nuclear issue. broader security in Northeast Asia. Today, we important region of the world. Its effect is not I firmly believe that South Korea may be the are committed absolutely to compelling the just to deliver good wishes to President-elect premier success story of U.S. foreign policy in North Korean regime to eliminate its nuclear Lee as he assumes office on February 25, but the post-World War II period. Having assisted program and to ensuring that promises made to send a message of solidarity to the govern- South Korea in transforming itself from a war- by Pyongyang are, in fact, followed through ment and people of the Republic of Korea and torn, impoverished economy into a successful with verifiable action. to the soldiers who have fought side by side democracy with a free enterprise economy The combination of South Korea’s efforts to with the men and women of our own armed (the world’s 11th largest), South Korea is now stand alongside the United States in meeting forces over the past nearly 60 years. an indispensable partner with the United the global threats of the 21st century as well For all these reasons, this resolution is most States in promoting democracy, a free market as the North Korean challenge makes this res- fitting, and proper. I wish to congratulate economy and respect for the rule of law olution particularly important today. President- President-elect Lee Myung-Bak and commend around the world. elect Lee Myung-Bak has stated that he ‘‘will again my good friend, the gentleman from I believe that President-Elect Myung-Bak do [his] best to resolve the North Korean nu- California, for offering and proposing this reso- understands and appreciates the important clear problem through cooperation and a lution. I strongly encourage my colleagues to history behind our bilateral relations. His de- strengthened relationship with the United offer their own expressions of support and sire to better relations with the United States States.’’ I am very encouraged by President- urge the House to adopt this resolution today. through an emphasis on free market solutions elect Lee’s remarks and, as Chairman of the Mr. PAYNE. Madam Speaker, I have encourages me that the work we have begun Subcommittee on Asia, the Pacific and the no more requests for time, and I yield will continue to grow under his leadership. I Global Environment, I look forward to working back the balance of my time. look forward to a continuation of the United with his administration to this end. Mr. ROYCE. Madam Speaker, I yield States-South Korean partnership during the What is clear from our longstanding relation- back the balance of my time as well. President-Elect’s term and for many years be- ship over the past half-century is that it is re- The SPEAKER pro tempore (Mrs. yond. ciprocal. As President-elect Lee’s Special JONES of Ohio). The question is on the I strongly urge my colleagues to support H. Envoy to the United States, Dr. Chung Mong- motion offered by the gentleman from Res. 947 and join me in congratulating Presi- Joon, said recently after meeting Deputy Sec- New Jersey (Mr. PAYNE) that the House dent Lee Myung-Bak, and extending to him retary of State John Negroponte last month, suspend the rules and agree to the reso- the very best wishes of the House of Rep- ‘‘We both need each other.’’ Let me also take lution, H. Res. 947. resentatives as he assumes office later this this opportunity to once again congratulate my The question was taken. month. good friend, Dr. Han Seung-soo, on his nomi- The SPEAKER pro tempore. In the Mr. FALEOMAVAEGA. Madam Speaker, let nation to become Prime Minister. I am con- opinion of the Chair, two-thirds being me first commend our distinguished colleague fident that Dr. Han’s nomination will serve to in the affirmative, the ayes have it. and member of the Committee on Foreign Af- further consolidate our alliance partnership Mr. PAYNE. Madam Speaker, on that fairs Subcommittee on Asia, the Pacific and under President-elect Lee’s leadership. I demand the yeas and nays. the Global Environment, my good friend and Madam Speaker, many years ago, I served The yeas and nays were ordered. colleague, the gentleman from California (Mr. in the U.S. Army during the Vietnam War, and The SPEAKER pro tempore. Pursu- ROYCE) for being the author of and introducing I remember vividly the presence of more than ant to clause 8 of rule XX and the this important resolution. 300,000 soldiers from South Korea who brave- Chair’s prior announcement, further The underlying context for this important ly served and fought alongside our American proceedings on this motion will be resolution, which congratulates President-elect forces. Through that particular experience, I postponed. Lee Myung-Bak and wishes him well as he as- learned quickly and firsthand, the special sumes his new duties on February 25, 2008, friendship and bond that existed between the f is that the Republic of Korea has, through the United States and the Republic of Korea. EXTENDING PARITY IN APPLICA- industrious will of its people and the unyielding I personally will never forget the sacrifices TION OF CERTAIN LIMITS TO leadership of its elected officials, transformed that South Korean soldiers made in that ter- MENTAL HEALTH BENEFITS itself into a successful democratic nation. rible conflict in Vietnam. In fact, South Korea Mr. PALLONE. Madam Speaker, I As the twentieth century taught us all too has the unique distinction of being one of only move to suspend the rules and pass the well, democratic governance is a fragile enter- four allies that fought alongside the United bill (H.R. 4848) to extend for one year prise. That the Republic of Korea, in merely States in all four major conflicts since World parity in the application of certain six decades, emerged from the ashes of colo- War II and I hope that my other colleagues will limits to mental health benefits, and nial rule and war torn poverty to become the join me in thanking the leaders and people of for other purposes, as amended. eleventh largest economy in the world and the Republic of Korea for the untold sacrifices The Clerk read the title of the bill. America’s seventh largest trading partner, is a they made to be with us when we needed The text of the bill is as follows: tribute to their strong democratic principles help. and indelible desire to live peacefully and This resolution, while focusing on the H.R. 4848 prosperously despite the enormous challenges peaceful, democratic transition to the presi- Be it enacted by the Senate and House of Rep- facing the Korean Peninsula and the North- dency of Lee Myung-Bak, honors our special resentatives of the United States of America in Congress assembled, east Asia region. alliance but also welcomes a strengthening Madam Speaker, the strong alliance be- SECTION 1. PARITY IN APPLICATION OF CERTAIN and deepening of the relationship between our LIMITS TO MENTAL HEALTH BENE- tween the United States and the Republic of two countries and our two peoples. FITS. Korea has proven itself to be a relevant and I have had the privilege on several occa- (a) AMENDMENT TO THE INTERNAL REVENUE resilient relationship since our involvement sions to visit the Republic of Korea and I have CODE OF 1986.—Section 9812(f)(3) of the Inter- when we fought side by side in the Korean observed that the South Korean people are nal Revenue Code of 1986 is amended by War nearly 58 years ago. Out of that often among the most industrious men and women striking ‘‘2007’’ and inserting ‘‘2008’’. ‘‘forgotten’’ conflict was born one of the most in the world. However this trait for hard work (b) AMENDMENT TO THE EMPLOYEE RETIRE- significant dividing lines of the Cold War, the and entrepreneurship developed, it has carried MENT INCOME SECURITY ACT OF 1974.—Section 712(f) of the Employee Retirement Income demilitarized zone on the 38th parallel but, at over despite geographic distance to the more Security Act of 1974 (29 U.S.C. 1185a(f)) is the same time, one of the most successful alli- than two million Americans of Korean heritage amended by striking ‘‘2007’’ and inserting ances in our Nation’s history. and descent that live throughout our own ‘‘2008’’. The Republic of Korea has remained a country today. The vibrant Korean American (c) AMENDMENT TO THE PUBLIC HEALTH steadfast ally of the United States. South communities across the United States include SERVICE ACT.—Section 2705(f) of the Public

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.036 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H584 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Health Service Act (42 U.S.C. 300gg–5(f)) is SEC. 4. PROTECTION OF SOCIAL SECURITY. sequences for friends, families and soci- amended by striking ‘‘2007’’ and inserting To ensure that the assets of the trust funds ety in general. H.R. 1424 will take our ‘‘2008’’. established under section 201 of the Social Nation one step further to ensuring Security Act (42 U.S.C. 401) are not reduced SEC. 2. INCLUSION OF MEDICARE PROVIDERS that every American can access the AND SUPPLIERS IN FEDERAL PAY- as a result of the enactment of this Act, the MENT LEVY AND ADMINISTRATIVE Secretary of the Treasury shall transfer mental health, substance abuse and ad- OFFSET PROGRAM. from the general revenues of the Federal diction treatment that they need to (a) IN GENERAL.—Section 1874 of the Social Government to those trust funds the fol- live healthy, happy and productive Security Act (42 U.S.C. 1395kk) is amended lowing amounts: lives. by adding at the end the following new sub- (1) For fiscal year 2008, $1,000,000. Madam Speaker, by putting mental section: (2) For fiscal year 2009, $5,000,000. health on par with medical and sur- ‘‘(d) INCLUSION OF MEDICARE PROVIDER AND (3) For fiscal year 2010, $1,000,000. SUPPLIER PAYMENTS IN FEDERAL PAYMENT gical benefits, we will be improving the LEVY PROGRAM.— The SPEAKER pro tempore. Pursu- availability and affordability of health ‘‘(1) IN GENERAL.—The Centers for Medicare ant to the rule, the gentleman from care for those who suffer from mental & Medicaid Services shall take all necessary New Jersey (Mr. PALLONE) and the gen- health illnesses and addiction diseases. steps to participate in the Federal Payment tleman from Pennsylvania (Mr. TIM This will not only reduce the pain and Levy Program under section 6331(h) of the MURPHY) each will control 20 minutes. anguish of many of our constituents Internal Revenue Code of 1986 as soon as pos- The Chair recognizes the gentleman and their families, but will benefit our sible and shall ensure that— from New Jersey. ‘‘(A) at least 50 percent of all payments Nation as a whole. So let’s extend the under parts A and B are processed through GENERAL LEAVE good work that has already been done such program beginning within 1 year after Mr. PALLONE. Madam Speaker, I and work together to build upon the the date of the enactment of this section; ask unanimous consent that all Mem- framework so that we can improve the ‘‘(B) at least 75 percent of all payments bers may have 5 legislative days to re- lives of millions of Americans. under parts A and B are processed through vise and extend their remarks and in- I reserve the balance of my time, such program beginning within 2 years after clude extraneous material on the bill such date; and Madam Speaker. under consideration. Mr. TIM MURPHY of Pennsylvania. ‘‘(C) all payments under parts A and B are The SPEAKER pro tempore. Is there processed through such program beginning Madam Speaker, I yield myself as not later than September 30, 2011. objection to the request of the gen- much time as I may consume. tleman from New Jersey? ‘‘(2) ASSISTANCE.—The Financial Manage- We’re gathered here today to debate There was no objection. ment Service and the Internal Revenue Serv- or support H.R. 4848, a bill which ex- Mr. PALLONE. Madam Speaker, I ice shall provide assistance to the Centers tends that which Congress has passed for Medicare & Medicaid Services to ensure yield myself such time as I may con- before, and that was an important bill that all payments described in paragraph (1) sume. are included in the Federal Payment Levy I rise to urge support for this bill for its time. It’s an important bill to Program by the deadlines specified in that which was developed jointly by the En- extend for, in doing so, we acknowledge subsection.’’. ergy and Commerce Committee, the the innate value of helping those suf- (b) APPLICATION OF ADMINISTRATIVE OFFSET fering from mental illness. We PROVISIONS TO MEDICARE PROVIDER OR SUP- Ways and Means Committee, and the Education and Labor Committee. This acknowledge in Congress that for those PLIER PAYMENTS.—Section 3716 of title 31, who suffer these afflictions, they may United States Code, is amended— bill would extend the Mental Health be relieved of that suffering through (1) by inserting ‘‘the Department of Health Parity Act of 1996, the first-ever Fed- and Human Services,’’ after ‘‘United States eral parity law. receiving necessary treatment. Postal Service,’’ in subsection (c)(1)(A); and Over 10 years ago, Congress passed In compassion, we as a body extend (2) by adding at the end of subsection (c)(3) and President Clinton signed into law our hand in support of those who suffer the following new subparagraph: legislation that required partial parity the pains of mental illness. We ac- ‘‘(D) This section shall apply to payments knowledge that their illnesses are real, made after the date which is 90 days after by mandating that annual and lifetime dollar limits for mental health treat- and that the appropriate treatments the enactment of this subparagraph (or such give them hope to slough off the yoke earlier date as designated by the Secretary ment under group health plans offering of Health and Human Services) with respect mental health coverage be no less than of their illness and again become a to claims or debts, and to amounts payable, that for physical illnesses. This legisla- fully productive member of our Nation, under title XVIII of the Social Security tion was authorized for 5 years, and has our workplace and our family. Act.’’. been extended every year with bipar- The significance of this act may be (c) EFFECTIVE DATE.—The amendments tisan support since its initial author- overshadowed by other events of the made by this section shall take effect on the day, but it is essential that we not fail date of the enactment of this Act. ization expired. The bill before us to appreciate the value of this moment, SEC. 3. DEPOSIT OF EXCESS SAVINGS IN PAQI would extend the Mental Health Parity FUND. Act for another year. I urge my col- not only in terms of what this bill does (a) IN GENERAL.—In addition to any leagues on both sides of the aisle to but what it does not do and, moreover, amounts otherwise made available to the support its passage. why we need to enact this law at all. Physician Assistance and Quality Initiative Madam Speaker, let me also say that First to the reasons for this bill. As Fund under section 1848(l)(2) of the Social while the 1996 law was a good first step, John Adams said, ‘‘Our Constitution Security Act (42 U.S.C. 1395w–4(l)(2)), there we clearly have much further to go be- was made only for a moral and reli- shall be made available to such Fund— gious people. It is wholly inadequate to (1) $93,000,000 for expenditures during or fore we can achieve full mental health after 2009; parity. That is why it is imperative the government of any other.’’ (2) $212,000,000 for expenditures during or that we pass H.R. 1424, the Paul He made that comment not because after 2014; and Wellstone Mental Health Parity and our Constitution is a vehicle to support (3) $44,000,000 for expenditures during or Addiction Equity Act of 2007, intro- any particular religion; rather, he after 2018. duced by my colleagues Representative noted the inherent inadequacies of any (b) OBLIGATION.—The Secretary of Health body of laws, and that they cannot re- and Human Services shall provide for ex- PATRICK KENNEDY and Representative penditures from the Fund specified in sub- JIM RAMSTAD. I want to congratulate place the moral light that should guide section (a) in a manner designed to provide and thank both of them. Mr. KENNEDY us when no law has yet been writ to de- (to the maximum extent feasible) for the ob- will be speaking shortly in favor of his fine that path. ligation of the entire amount specified in— legislation. Indeed, we cannot legislate common (1) subsection (a)(1) for payment with re- In spite of the 1996 law and wide- sense, we cannot mandate morality, spect to physicians’ services furnished dur- spread recognition that mental illness and we cannot litigate compassion. We ing or after January 1, 2009; and substance abuse are treatable ill- can, however, establish laws to define (2) subsection (a)(2) for payment with re- nesses, there still exist glaring inequi- the limits of what can be tolerated. spect to physicians’ services furnished on or after January 1, 2014; and ties between health insurance coverage And where the laws do not apply, we (3) subsection (a)(3) for payment with re- for mental health and that for other hope that the goodness and faith that spect to physicians’ services furnished on or medical conditions. As we all know, guides our hearts is sufficient to drive after January 1, 2018. these inequities can have dire con- us to do the right thing.

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.042 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H585 Unfortunately, when it comes to pression alone cost employers $51 bil- Mr. KENNEDY. I thank Chairman dealing with mental illness, our soci- lion per year in absenteeism and lost PALLONE for his work in bringing the ety, our culture and our government productivity. extension of this mental health parity has failed to do the right thing. We Suicide is the eighth leading cause of law to the floor. I want to acknowledge have spent billions, hundreds of bil- death in the United States. More years his help on H.R. 1424, the Paul lions, I dare say, over the years to help of life are lost to suicide than any Wellstone Mental Health and Addiction those with mental illness, but we have other single cause except heart disease Act, and say I join him in saying today remained short-sighted at best, or and cancer. is a great start in us extending this law blind at worst as to what we truly Thirty thousand Americans commit on lifetime and annual limits. But, as must do. suicide annually, and half a million at- he mentioned, we want to get full par- It is my wish that people would be tempt it. Among college students, ity, which means we want to get the personally guided by their own sense of three die each day from suicide. real bill that extends full coverage of justice and compassion to do the right The Federal Government estimates mental illnesses to all health insurance thing in the treatment of mental ill- that about 121⁄2 million people have al- plans. Just as we would expect health ness. Instead, we remain willfully and cohol problems. It costs businesses $134 insurance plans to cover the rest of our woefully ignorant to the causes, the di- billion a year in lost productivity. body, cancer, diabetes, everything else, agnoses, and the treatment of mental Does treatment work to help people we shouldn’t expect any less for mental illness. We have denied its very exist- with mental illness? Yes, it does. Stud- illnesses. ence, perhaps wasting our hope in the ies of depression in the workplace have And yet, unlike many other physical hope it would go away. We have instead shown thousands of dollars of savings illnesses, mental illnesses are excluded tried to wish away its effects. We have per employee when they receive treat- from most health insurance plans. In minimized the impact, trivialized the ment. fact, 98 percent of our health insurance causes, and criticized the patients. We We note that when 80 percent of plans in America charge higher copays have used words to make mental ill- health care costs are used to treat and deductibles for mental illnesses ness the butt of cruel jokes. We have chronic illness, that the risk for de- simply because of stigma, simply be- used words like ‘‘crazy’’ or ‘‘retarded’’ pression doubles among those who are cause of discrimination. chronically ill and not receiving treat- or ‘‘idiot,’’ as if attaching a derogatory b 1630 label would free us from the responsi- ment. The cost doubles as well. bility for helping or treating those The combination of appropriate Because of the shame and because with these illnesses. medication and treatments have been Americans are too afraid to say that I ask you: Would we use such dispar- very effective in treating anxiety, de- they are willing to say enough is aging remarks to describe persons with pression, bipolar illness and behavior enough, and they’re not willing to say cancer, with diabetes, with heart dis- disorders. But when health plans do that’s wrong, and they’re not going to ease? Could demeaning words make not pay for appropriate professional sit idly by while insurance companies any of those diseases disappear or less care, where does the treatment come say that they can get away with it, we painful? Can derisive words motivate from? in the Congress ought to stand up and someone to seek help? No, instead they Seventy-five percent of psychiatric say, enough is enough. We are going to drive the person further into the shad- medications are prescribed by non-psy- pass the law that says civil rights mat- ows to deny their own illness, to avoid chiatrists. Now look at that in the con- ter in this country, and if you are born treatment and not even help them- text of other illnesses. Would we tol- with a mental illness, just as if you selves. erate it if 75 percent of insurance plans were born with any kind of physical In many ways, we have not advanced said that most babies would be deliv- disability, you should not be discrimi- very far beyond the days of the Salem ered by people with minimal training? nated against. And that is what we witch trials when those with mental How about requiring that brain surgery mean when we say we want to pass the illness were ignorantly tried as crimi- is done by those who only had a few Paul Wellstone Mental Health and Ad- nals, sentenced to death, or cruelly weeks of training in medical school. diction Equity Act. We can’t afford any treated with torture. Would we accept that? We would not. more days without this law. Think this is not true today? Well, This bill extends what we have done As my good friend said over here, think again. Our prisons are filled with before. It helps in a small but impor- each year 1.3 billion workdays are lost persons who suffer from mental illness. tant way. But it does not move us to due to mental disorders, more than any Our courts are packed with victims of where we need to be. Perhaps the les- other, arthritis, stroke, heart attack, child abuse or sex abuse. Our churches son here is that there are many things or cancer combined. are filled with those who are praying to we need to do for ourselves, many We cannot afford one more day with- be relieved of the terrible strains things we need to do to reach out to out parity because the Department of befalling them. Families break up. others and help. But it does not cure Justice estimates that drug-related Jobs are lost. Children fail in school the barriers. It does not identify which crime costs our Nation $107 billion a and lives are lost from untreated men- diagnoses need to be treated. We will year. We cannot afford one more day tal illness. And yet we continue to need to do more. Eventually we as a without parity because 80 percent of deny it is there and place barriers be- Nation need to come to terms with the trauma-related admissions in our tween the patient and the cure. what needs to be done. The cost sav- emergency rooms in this country are In my many years of practicing psy- ings of providing the right treatment drug- and alcohol-related, implicated chology, I have never, never met a pa- are huge. The costs of continuing to in car accidents, shootings, stabbings, tient who was cured by denial. But de- provide the wrong care, or denying and domestic and violent incidences, as nial is the common treatment for so care, are massive. well as overdoses. many when it comes to acknowledging As Benjamin Franklin said, ‘‘By fail- We cannot afford one more day with- or treating mental illness. ing to prepare, you are preparing to out parity because workers’ untreated Listen, you cannot whisper it away, fail.’’ depression cost their employers $31 bil- for even in the silence, even in the Madam Speaker, I reserve the bal- lion a year in lost productivity and darkness, mental illness cries out for ance of my time. cost their employers $135 billion in lost help. Mr. PALLONE. Madam Speaker, I productivity just due to alcoholism One in five Americans will suffer yield 3 minutes to the gentleman from alone. from a diagnosable mental illness. One Rhode Island (Mr. KENNEDY), who has I will tell you this: We are paying for in 10 young people suffer from mental probably done more to address the this in so many other ways, we cannot illness severe enough to cause some issue of mental health parity than any afford not to spend the money on treat- form of impairment. Member of Congress. He actually came ment up front. Untreated drug and alcohol addic- to my district, we had a hearing on the But the fact of the matter is, insur- tions cost Americans $400 billion each issue, and I really appreciate all that ance companies continue to deny treat- year. A Rand study estimated that de- he has done on the issue. ment. Just take one case of Katie

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.049 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H586 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Kevlock, a 16-year-old from Pennsyl- Many individuals go months or saying here today, it is just as impor- vania. The insurance company said to maybe even years without treatment tant that we continue to work very her, It is not enough that you came in for serious illnesses due to the stigma hard to enact and pass H.R. 1424, which here hooked on heroin. We need to see that our society has placed on these se- is the Paul Wellstone Mental Health you overdose before we are going to rious diseases. They feel like they must and Addiction Equity Act, and I want give you treatment coverage. hide their illness from their friends or to salute Representatives RAMSTAD and Guess what her mother said? Well, their family while trying to lead a nor- KENNEDY for their tremendous work on I’m not sure my daughter’s got an mal life. this bill. overdose in her before I can bring her However, these illnesses and the indi- Mental health parity is the right back for her treatment. viduals who suffer from them deserve thing to do. Clearly, there are so many Well, guess what? She, of course, care and treatment just as if they were individuals and families that are in overdosed, and she didn’t survive that suffering from some other illness or pain in this country because they are overdose. But that’s what that insur- disease. The victims of mental illness not receiving the mental health coun- ance company demanded. They de- should no longer have to suffer in si- seling services, the substance abuse manded that she have an overdose be- lence and in secret. and addiction treatment services that fore she qualified for treatment, but For too long, people have been told they deserve and that our society she didn’t survive that overdose. She they must take care of themselves ought to provide to them. died like millions of other Americans, while battling these diseases and ill- But it is also the smart thing to do. and that is the cost of us not providing nesses. Those battling their debili- All of the statistics, even if you just treatment. tating effects haven’t been able to re- wanted to look at this through the Treatment works. Recovery works. ceive the stability of care that’s avail- cold, calculating lens of what the bot- We need to end the stigma of mental able when adequate health insurance tom line represents in terms of cost to illness and addiction in our society. coverage is in place. our system and our society, all of the That’s why we need to pass H.R. 1424, The legislation we are considering studies that have been done show that the Paul Wellstone Mental Health and today takes steps in the right direction there are tremendous savings to be had Addiction Equity Act; and that’s why by continuing the current mental if we focus on these kinds of service. we need to extend the bill today to pro- health parity laws. However, current There have been many statistics that vide one more year of annual lifetime laws are not perfect, and they need to have been cited today. I will cite a few 1 limits for the current parity law. be amended to improve the health care more. Depressed workers lose 5 ⁄2 hours Mr. TIM MURPHY of Pennsylvania. of mental addictions and illnesses in per week of productive work time. Madam Speaker, I appreciate the com- our country. That adds up to tens of billions of dol- passion and passion of my friend from I have been a proud cosponsor of the lars lost a year to employers. Alcohol- Rhode Island who has been such a lead- mental health parity efforts in the related illness and premature death er in mental health parity. past, and I will continue to be an ar- cost over $130 billion in lost produc- I yield such time as he may consume dent supporter of these efforts to have tivity in 1998, and the statistics go on to the gentleman from New Jersey (Mr. full mental health parity in America. I and on and on. Even the most tightfisted insurer FERGUSON), another great leader whose support legislation that was already will discover very quickly once we heart goes out to those in need of men- mentioned, the Paul Wellstone Mental have mental health parity in place that tal health issues. Health and Addiction Equity Act, the costs are a lot and that, in fact, Mr. FERGUSON. Madam Speaker, I which is legislation that would make there are savings to be had as you re- want to thank the gentleman from full mental health parity the law of the allocate dollars to mental health treat- Pennsylvania for the time. I want to land. This legislation is needed, and it ment and substance abuse treatment in thank Chairman PALLONE for his work should have been passed long ago. terms of the savings in related medical on this legislation as well. This legislation has been championed treatment. I rise today in support of H.R. 4848. by my good friend PATRICK KENNEDY, So it is absolutely the right thing to This important legislation will extend the Member from Rhode Island, who we do, and particularly at this time when the current mental health parity laws just heard from. He’s been such a lead- we have so many stories of returning to individuals that desperately need er on this effort, and he and JIM veterans who are suffering from trau- coverage and care. RAMSTAD of Minnesota, from our side matic brain injury, from mental health Madam Speaker, I dare say every sin- of the aisle, have really worked so hard issues and need the support that can gle one of us in this Chamber, and and so diligently on this legislation. I come from this, from this larger bill, probably everyone we know, knows really believe that through their work, from the Paul Wellstone Act. someone, cares about someone, perhaps and the work of many of us, we will So I urge my colleagues to support a member of our very own family, who help to deliver what people battling ad- this extension through H.R. 4848 of cer- has faced the challenge of mental ill- diction and mental illness have long tain mental health coverages, but I ness and who could benefit from addi- needed and want; that is, the help that join all those who are advocating very tional mental health coverage. they need. strongly that we move forward and Thousands and thousands of people We have to continue to ensure that enact the larger bill, the Paul suffer from mental health illnesses and every individual has access to the Wellstone Mental Health and Addiction addictions in our country. My family is health care coverage that they need. Equity Act of 2007. no different from any other family who Every single individual that’s affected Mr. TIM MURPHY of Pennsylvania. maybe has a loved one or a member of by these sicknesses should not be with- Madam Speaker, I am just inquiring that family who has dealt with these out mental health coverage in our how much time we have remaining. very significant and difficult problems. country. The SPEAKER pro tempore. The gen- This legislation would continue bring- I urge my colleagues to support H.R. tleman from Pennsylvania has 91⁄2 min- ing much-needed treatment to those 4848 to continue to provide mental utes, and the gentleman from New Jer- who are in such need. health coverage to the thousands of in- sey has 101⁄2 minutes. Addictions and mental illnesses are dividuals who are so desperately in Mr. TIM MURPHY of Pennsylvania. afflictions that have long been stig- need of that help. Madam Speaker, I yield myself as matized and brushed aside by our soci- Mr. PALLONE. Madam Speaker, I much time as I may consume. ety and our institutions. Not only is yield 3 minutes to the gentleman from Madam Speaker, one of the impor- this societal perception deterring many Maryland (Mr. SARBANES). tant points that we need to recognize individuals from seeking and receiving Mr. SARBANES. Madam Speaker, I as we address these issues of mental much-needed treatment, but also the want to thank my colleague Represent- health and mental illness today are the lack of insurance coverage for such ative PALLONE on his work on H.R. 4848 causes. For so often, as I described ear- treatments prevents many individuals which is important for us to support lier, when people are thinking about or from gaining access to the critical help because it does extend certain mental talking about mental illness, we often- and the treatments that they need. health coverages. But as we’ve all been times do not understand that it really

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.051 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H587 is a problem of brain functioning. It’s will themselves exhibit symptoms of concern, or brain trauma. Yes, in the written off too often as the worried depression, so they automatically realm of the framework of their return, well of people complaining or malin- write a prescription for an anti- it may be; but they will live, and gering, when really we need to under- depressant drug. That’s not enough. through their lifetime may have en- stand the following. The comments I made before about counters that need to have the cov- When we’re talking about problems how, when a person has a chronic ill- erage of a mental health parity bill. with heart disease, it’s easy to look ness, their health care costs can double I support H.R. 4848 and thank Con- upon those problems, to look at X-rays if they have untreated depression, that gressman PALLONE for the insight to and other tests and MRIs and see if the alone should wake us up to understand move forward on this extension. But I function of the heart is appropriate, if that we need to be treating mental ill- pray tell that we will find it in our de- the valves are working, if the arteries ness, not ignoring it. That alone should termination to move forward on the and veins are blocked or free. wake up employers to understand that Paul Wellstone parity bill that is being When we look at other illnesses improved productivity and lowered carried by Congressman KENNEDY and a throughout the body, there are so health care costs should be enough to number of others. I have supported this many tests which we have grown ac- motivate us to do that. That alone legislation for a number of years, so I customed to, MRIs, CT scans, EKGs, et should be information that the Con- rise enthusiastically for H.R. 4848. cetera. And we look at those things gressional Budget Office, who scores And, if I might, having missed the and we’re able to see that something is these bills, should tell us that there are discussion on H. Con. Res 283, the bill wrong based upon the results of those scores that are important in terms of dealing with Kenya, I simply want to tests. savings. Unfortunately, they don’t tell add my statement into the RECORD, but One of the problems with mental ill- us scores for prevention. And so it goes call out for the compliance with this ness, leading to the prejudices about on. legislation, as it is passed, that we mental illness, is that there are no These are things we need to be con- have sanctions for those who will not tests like that. One cannot take an X- tinuing to do, and that’s why we will come to the peace table, that we com- ray of the brain and say that the per- continue to support this bill. pliment Kenya for its democracy, but, son has depression or anxiety disorder Madam Speaker, I reserve the bal- as well, that we push them toward a or bipolar illness. There have been ance of my time. settlement of this vicious incident, multiple studies looking at patterns Mr. PALLONE. Madam Speaker, I having killed 900 people. that may show up on some tests. But yield 3 minutes to the gentlewoman I end my comments by asking for en- my point is this: Just because we can- from Texas (Ms. JACKSON-LEE). thusiastic support for H.R. 4848. not see it on a medical test like that Ms. JACKSON-LEE of Texas. Madam Mr. TIM MURPHY of Pennsylvania. does not mean it does not exist. Speaker, allow me to thank the distin- Madam Speaker, I yield myself such Back in the 1800s, Louis Pasteur de- guished gentleman from New Jersey for time as I may consume. scribed the microbes that finally led us his kindness and his leadership, and to Madam Speaker, many important to understand about germs and dis- add my appreciation as well for Con- things have been said by several Mem- eases. Before that, no one had any tests gressman KENNEDY for the years that bers, and passionately, on this bill. to look at that. It did not mean they he has worked on this issue. And I join What we also have to remember, as we didn’t exist. That merely meant that them in raising our voices. wrap this up, is somewhere in America we did not know that they were there. I remember the leadership that came there are people who are suffering in si- But it was a full century later before from another Member from New Jer- lence, there are children who are facing we found that one could treat diseases sey, and Congressman PALLONE has abuse, angry spouses who are attacking with antibiotics, and we’re still learn- now embraced this issue in his capacity one another, anxious mothers strug- ing more about it. and leadership on the Energy and Com- gling to care for their children, and, of So, too, it is important we under- merce Committee. And my classmate, course, throughout the workplace, as stand that so often when discussing Congressman KENNEDY, has been press- has been so carefully documented here, these issues of mental illness treat- ing this message along with Congress- so many problems. It is important that ment, people raise the question that man RAMSTAD for a very long time, we not only pass this bill strongly but you cannot really test for it. Now, that we have the capacity and the em- also continue to work together. those are areas that science and re- pathy and sympathy to address the I commend my colleague, Chairman search are still needed to determine question of mental health parity, but PALLONE, and the work that he does what we can do, but it does not mean we have not yet had the energy and the and to continue the work that he does they don’t exist just because we cannot results-oriented efforts that it needs. in leading this. Myself and many Mem- find those. I pay tribute, of course, to the late bers from our side of the aisle continue Instead, what we rely on is the com- Senator Paul Wellstone, who came to to stand ready to make sure we work ments made by persons themselves or my district some years ago through my out any issues with regard to expand- watching the behavior of persons be- invitation as cochair of the Congres- ing issues of mental health parity. We cause, indeed, those are the indicators sional Children’s Caucus and visited know that all of us care deeply about that tell us something is wrong with our juvenile detention centers and em- those in need and all of us remain com- the function of the human brain. It is a phasized that many of the juveniles mitted to helping those in need from neurological problem. It is a that were then incarcerated also need- our side of the aisle. neurobehavioral exhibition of those ed greater access to mental health fa- Mr. DINGELL. Madam Speaker, today we problems. It is those problems that we cilities and mental health services. are voting to extend for 1 year, through 2008, have to understand that sometimes are Mental health parity and the exten- the 1996 Mental Health Parity Act. This act treated with medication and some- sion thereof of the annual lifetime lim- bars the use of arbitrary annual and lifetime times are treated with counseling and its is crucial to save lives. How many caps on mental health services if they are not sometimes both, but we have to make of us have seen on the news or ad- also used on other medical benefits. We need sure we understand that we cannot dressed our constituents where seniors, to extend this first good step taken by Con- write these off with treatments just by parents are calling the police for their gress more than a decade ago, but there is ignoring them or just saying that adult children who are suffering from still work to be done to reach true parity in the someone else without treatment be- mental health needs? Tragically, some treatment of mental illnesses and substance cause an insurance plan will cover that of those encounters end in death. There abuse disorders. is enough. is no need for that. When the Mental Health Parity Act of 1996 In addition, we will be seeing, as the passed Congress, it provided only partial par- b 1645 war in Iraq ends and Afghanistan’s war ity for mental illness and excluded addiction Many times cardiologists will tell us and conflict ends, numbers of individ- benefits from the equitable treatment other that they recognize when they give uals coming back who have been diag- mental health services received under the bill. someone a diagnosis that it’s terminal nosed with post-traumatic stress, and Left untouched were other important and po- or severe, that many of those patients we will say that’s the Veterans Affairs’ tentially costly parts of an insurance policy

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K06FE7.052 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H588 CONGRESSIONAL RECORD — HOUSE February 6, 2008 such as limits on inpatient days and outpatient I hope that we will recognize the struggles MESSAGE FROM THE PRESIDENT visits and other out-of-pocket expenses such that individuals with substance abuse addic- A message in writing from the Presi- as copays, coinsurance, and deductibles. tions face in seeking treatment. dent of the United States was commu- These limits result in denying millions of Amer- I strongly support H.R. 4848 and hope that nicated to the House by Mr. Sherman, icans needed treatment and/or incurring huge we will build on this piece of legislation by one of his secretaries. out-of-pocket costs. considering H.R. 1424, the Paul Wellstone The U.S. Government Accountability Office Mental Health Parity and Addiction Equity Act f found in a May 2000 report that 87 percent of of 2007 sometime this session. DO-NOT-CALL REGISTRY FEE employers complying with the act merely sub- Mr. CONYERS. Madam Speaker, I rise to EXTENSION ACT OF 2007 stituted other restrictive limits on things al- voice my support for H.R. 4848, the extension Mr. BUTTERFIELD. Madam Speak- ready mentioned for the annual and lifetime of the Mental Health Parity Act of 1996 er, I move to suspend the rules and limits prohibited under the 1996 act. (MHPA). This legislation would extend MHPA Today we must not only extend the Mental for 1 year, maintaining the current provisions pass the Senate bill (S. 781) to extend Health Parity Act of 1996 but also continue to for parity in the application of certain limits to the authority of the Federal Trade work on building this act to achieve true parity mental health benefits. Commission to collect Do-Not-Call by passing H.R. 1424, the Paul Wellstone For group plans that choose to offer mental Registry fees to fiscal years after fiscal Mental Health and Addiction Equity Act of health benefits, the MHPA requires those year 2007. 2007. The legisiation has been favorably ap- plans to provide benefits for mental health The Clerk read the title of the Senate proved by all three committees of jurisdiction treatment subject to the same annual and life- bill. in the House. time dollar limits as their coverage of physical The text of the Senate bill is as fol- Mental illness and alcohol and drug addic- illnesses. Unfortunately, insurance plans may lows: tion are painful and private struggles with still limit the amount and type of mental health S. 781 staggering public costs, not to mention the toll treatment covered. For example, an insurance Be it enacted by the Senate and House of Rep- these conditions take on families and commu- company can cap the number of times a pa- resentatives of the United States of America in Congress assembled, nities. Representatives KENNEDY and RAMSTAD tient may visit the doctor’s office, not only an- have been faithful champions of the Mental nually, but over the course of a lifetime. SECTION 1. SHORT TITLE. Health Parity Act of 1996 and speak coura- ‘‘Partial parity’’ is an oxymoron. Rather than This Act may be cited as the ‘‘Do-Not-Call Registry Fee Extension Act of 2007’’. geously of their own triumphs. rely on stop-gap measures and patch-work I urge my colleagues to vote to extend the fixes, the need for true mental health insur- SEC. 2. FEES FOR ACCESS TO REGISTRY. authorization of the current protections already ance parity must be recognized and acted Section 2, of the Do-Not-Call Implementa- tion Act (15 U.S.C. 6101 note) is amended to in place and to continue to work for more upon. I strongly encourage my fellow mem- read as follows: comprehensive parity. bers to quickly pass H.R. 1424, the Paul ‘‘SEC. 2. TELEMARKETING SALES RULE; DO-NOT- Mr. GENE GREEN of Texas. Madam Wellstone Mental Health and Addiction Equity CALL REGISTRY FEES. Speaker, I rise today in support of H.R. 4848. Act of 2007, which puts mental health cov- ‘‘(a) IN GENERAL.—The Federal Trade Com- This legislation is an extension of the Mental erage on an equal footing with medical and mission shall assess and collect an annual Health Parity Act of 1996. surgical coverage. fee pursuant to this section in order to im- This bill requires that annual and lifetime The inequity of coverage with regard to plement and enforce the ‘do-not-call’ reg- dollar limits for mental health treatment under mental health and substance abuse treatment istry as provided for in section 310.4(b)(1)(iii) group health plans offering mental health cov- benefits is tantamount to discrimination of title 16, Code of Federal Regulations, or any other regulation issued by the Commis- erage be no less than that for physical ill- against the mentally ill. It is built upon the in- sion under section 3 of the Telemarketing nesses. surance companies’ strategy of denying rather and Consumer Fraud and Abuse Prevention Mental disorders are the leading cause of than providing care in order to maximize prof- Act (15 U.S.C. 6102). disability in the U.S. for individuals between its. The notion that an insurance company can ‘‘(b) ANNUAL FEES.— the ages of 15–44. In fact, 54 million Ameri- limit medical care based on cost is immoral. ‘‘(1) IN GENERAL.—The Commission shall cans currently suffer from mental illness. Only medical professionals should dictate the charge each person who accesses the ‘do-not- Unfortunately, the stigma of mental illness amount and type of care a patient receives. call’ registry an annual fee that is equal to prevents millions of Americans from receiving H.R. 676, the United States National Health the lesser of— the health care they need. Arbitrary limits on ‘‘(A) $54 for each area code of data accessed Insurance Act, would provide health care cov- from the registry; or insurance benefits also serve as a significant erage for all, including coverage of mental ‘‘(B) $14,850 for access to every area code of barrier to many Americans seeking help. health and substance abuse treatment. data contained in the registry. The original Mental Health Parity Act of Madam Speaker, it is our duty to end this ‘‘(2) EXCEPTION.—The Commission shall not 1996 was an important first step toward men- intolerable discrimination against the mentally charge a fee to any person— tal health parity and mandated that annual and ill, and provide timely, appropriate, and ade- ‘‘(A) for accessing the first 5 area codes of lifetime limits in mental health coverage be quate health care for all, free of the loopholes, data; or equal to those applied to medical and surgical pitfalls, and entanglements which exist under ‘‘(B) for accessing area codes of data in the benefits. registry if the person is permitted to access, the current fragmented, non-system of care. but is not required to access, the ‘do-not- While I support this bill, I strongly believe Mr. TIM MURPHY of Pennsylvania. call’ registry under section 310 of title 16, that we must pass H.R. 1424, the Paul Madam Speaker, I yield back the bal- Code of Federal Regulations, section 64.1200 Wellstone Mental Health Parity and Addiction ance of my time. of title 47, Code of Federal Regulations, or Equity Act of 2007. The SPEAKER pro tempore. The any other Federal regulation or law. The scientific community has long told us question is on the motion offered by ‘‘(3) DURATION OF ACCESS.— that mental illness and substance abuse are the gentleman from New Jersey (Mr. ‘‘(A) IN GENERAL.—The Commission shall biologically-based, and the Surgeon General PALLONE) that the House suspend the allow each person who pays the annual fee recognized that fact in the 1999 Surgeon Gen- rules and pass the bill, H.R. 4848, as described in paragraph (1), each person ex- eral’s report. cepted under paragraph (2) from paying the amended. annual fee, and each person excepted from The sad reality, however, is that the health The question was taken. paying an annual fee under section insurance market still does not provide true The SPEAKER pro tempore. In the 310.4(b)(1)(iii)(B) of title 16, Code of Federal parity to mental health and substance abuse opinion of the Chair, two-thirds being Regulations, to access the area codes of data coverage. in the affirmative, the ayes have it. in the ‘do-not-call’ registry for which the Individuals who struggle with mental illness Mr. BROUN of Georgia. Madam person has paid during that person’s annual or substance abuse have no guarantee they’ll Speaker, on that I demand the yeas period. get the treatment they need—even if they and nays. ‘‘(B) ANNUAL PERIOD.—In this paragraph, have health insurance. The yeas and nays were ordered. the term ‘annual period’ means the 12-month The SPEAKER pro tempore. Pursu- period beginning on the first day of the Mental illness and substance abuse are se- month in which a person pays the fee de- rious issues for many Americans who too ant to clause 8 of rule XX and the scribed in paragraph (1). often do not receive the appropriate treatment. Chair’s prior announcement, further ‘‘(c) ADDITIONAL FEES.— Twenty-six million Americans struggle with proceedings on this motion will be ‘‘(1) IN GENERAL.—The Commission shall substance abuse addictions. postponed. charge a person required to pay an annual

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.039 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H589 fee under subsection (b) an additional fee for ‘‘(1) the number of consumers who have Call Implementation Act, which au- each additional area code of data the person placed their telephone numbers on the reg- thorized the FTC to establish fees wishes to access during that person’s annual istry; sufficient to implement the national period. ‘‘(2) the number of persons paying fees for do-not-call registry as originally au- ‘‘(2) RATES.—For each additional area code access to the registry and the amount of thorized by the Telemarketing and of data to be accessed during the person’s an- such fees; nual period, the Commission shall charge— ‘‘(3) the impact on the ‘do-not-call’ reg- Consumer Fraud and Abuse Prevention ‘‘(A) $54 for access to such data if access to istry of— Act of 1994. As has been said on numer- the area code of data is first requested dur- ‘‘(A) the 5-year reregistration requirement; ous occasions, this initiative has prov- ing the first 6 months of the person’s annual ‘‘(B) new telecommunications technology; en to be one of the most popular laws period; or and in history. Consumers have registered ‘‘(B) $27 for access to such data if access to ‘‘(C) number portability and abandoned more than 145 million telephone num- the area code of data is first requested after telephone numbers; and bers since the registry became oper- the first 6 months of the person’s annual pe- ‘‘(4) the impact of the established business ational in 2003. The FTC’s authority to riod. relationship exception on businesses and annually establish the appropriate ‘‘(d) ADJUSTMENT OF FEES.— consumers. level of fees to charge telemarketers ‘‘(b) ADDITIONAL REPORT.—Not later than ‘‘(1) IN GENERAL.— for access to the registry expired sev- ‘‘(A) FISCAL YEAR 2009.—The dollar amount December 31, 2009, the Federal Trade Com- described in subsection (b) or (c) is the mission, in consultation with the Federal eral months ago, in 2007, and S. 781 re- amount to be charged for fiscal year 2009. Communications Commission, shall transmit stores that authority and renders it ‘‘(B) FISCAL YEARS AFTER 2009.—For each a report to the Senate Committee on Com- permanent. I will restate what I said fiscal year beginning after fiscal year 2009, merce, Science, and Transportation and the back in December when we considered each dollar amount in subsection (b)(1) and House of Representatives Committee on En- this legislation on the House floor. As (c)(2) shall be increased by an amount equal ergy and Commerce that includes— Members of Congress, it is in our best to— ‘‘(1) the effectiveness of do-not-call out- interest to swiftly pass this bill in ‘‘(i) the dollar amount in paragraph (b)(1) reach and enforcement efforts with regard to order to avoid the wrath of millions of or (c)(2), whichever is applicable, multiplied senior citizens and immigrant communities; ‘‘(2) the impact of the exceptions to the do- angry constituents who are being by called by telemarketers during dinner ‘‘(ii) the percentage (if any) by which the not-call registry on businesses and con- CPI for the most recently ended 12-month pe- sumers, including an analysis of the effec- time. We need to facilitate the con- riod ending on June 30 exceeds the baseline tiveness of the registry and consumer per- tinuing operation of the do-not-call CPI. ceptions of the registry’s effectiveness; and registry and vote for this bill. ‘‘(2) ROUNDING.—Any increase under sub- ‘‘(3) the impact of abandoned calls made by As a result of an agreement reached paragraph (B) shall be rounded to the nearest predictive dialing devices on do-not-call with the chairman of the Senate Com- dollar. enforcment.’’. merce Committee, we are sending to ‘‘(3) CHANGES LESS THAN 1 PERCENT.—The SEC. 4. RULEMAKING. the President’s desk for his signature Commission shall not adjust the fees under The Federal Trade Commission may issue the Senate-passed version of the bill this section if the change in the CPI is less rules, in accordance with section 553 of title introduced by Senator PRYOR. How- than 1 percent. 5, United States Code, as necessary and ap- ever, Senator PRYOR’s bill is identical ‘‘(4) PUBLICATION.—Not later than Sep- propriate to carry out the amendments to to Mr. STEARNS’ bill, and my friend tember 1 of each year the Commission shall the Do-Not-Call Implementation Act (15 publish in the Federal Register the adjust- U.S.C. 6101 note) made by this Act. from Florida deserves all the credit for ments to the applicable fees, if any, made this fine piece of legislation. As is the The SPEAKER pro tempore. Pursu- case with the vast majority of bills under this subsection. ant to the rule, the gentleman from ‘‘(5) DEFINITIONS.—In this subsection: passed out of the Subcommittee on ‘‘(A) CPI.—The term ‘CPI’ means the aver- North Carolina (Mr. BUTTERFIELD) and Commerce, Trade, and Consumer Pro- age of the monthly consumer price index (for the gentleman from Florida (Mr. tection, of which I serve, this is a bi- all urban consumers published by the De- STEARNS) each will control 20 minutes. partisan measure that was crafted in partment of Labor). The Chair recognizes the gentleman consultation with the appropriate ‘‘(B) BASELINE CPI.—The term ‘baseline from North Carolina. agency of expertise, in this case, the CPI’ means the CPI for the 12-month period GENERAL LEAVE Federal Trade Commission. The origi- ending June 30, 2008. Mr. BUTTERFIELD. Madam Speak- nal House bill passed the subcommittee ‘‘(e) PROHIBITION AGAINST FEE SHARING.— er, I ask unanimous consent that all No person may enter into or participate in by voice vote on October 23, and a week an arrangement (as such term is used in sec- Members may have 5 legislative days later on October 30 was unanimously tion 310.8(c) of the Commission’s regulations to revise and extend their remarks and approved in the full Energy and Com- (16 C.F.R. 310.8(c))) to share any fee required include extraneous material on the bill merce Committee. Majority and minor- by subsection (b) or (c), including any ar- under consideration. ity committee staff worked together on rangement to divide the costs to access the The SPEAKER pro tempore. Is there this bill. I am so proud of how they registry among various clients of a tele- objection to the request of the gen- worked together. Mr. STEARNS, as well marketer or service provider. tleman from North Carolina? as the ranking member, Mr. BARTON of ‘‘(f) HANDLING OF FEES.— There was no objection. Texas, who is the ranking member of ‘‘(1) IN GENERAL.—The commission shall Mr. BUTTERFIELD. Madam Speak- the full committee, should both be deposit and credit as offsetting collections er, I yield myself such time as I may any fee collected under this section in the commended for their cooperation with account ‘Federal Trade Commission—Sala- consume. Chairman JOHN DINGELL and Chairman ries and Expenses’, and such sums shall re- Madam Speaker, the bill we are con- BOBBY RUSH. I also would like to con- main available until expended. sidering on the House floor today, gratulate and welcome the distin- ‘‘(2) LIMITATION.—No amount shall be col- which is Senate 781, the Do-Not-Call guished gentleman from Kentucky (Mr. lected as a fee under this section for any fis- Registry Fee Extension Act, is iden- WHITFIELD) as the new ranking member cal year except to the extent provided in ad- tical to H.R. 2601, which was introduced of the subcommittee on which we vance by appropriations Acts.’’. by my friend Mr. STEARNS, the former serve. I am positive that the track SEC. 3. REPORT. ranking member of the Subcommittee record of bipartisan cooperation will Section 4 of the Do-Not-Call Implementa- on Commerce, Trade and Consumer continue under Mr. WHITFIELD’s leader- tion Act (15 U.S.C. 6101 note) is amended to Protection. ship. Unfortunately, it is my under- read as follows: On December 11 of last year, the standing that Mr. WHITFIELD, I looked ‘‘SEC. 4. REPORTING REQUIREMENTS. House passed H.R. 2601 by voice vote, forward to seeing him on the floor ‘‘(a) BIENNIAL REPORTS.—Not later than and I urge similar swift passage of S. today, but he is currently in Kentucky December 31, 2009, and biennially thereafter, 781 today. dealing with the frightening devasta- the Federal Trade Commission, in consulta- Madam Speaker, this bill extends the tion wrought by last night’s tornadoes. tion with the Federal Communications Com- authority of the Federal Trade Com- mission, shall transmit a report to the Sen- Our thoughts and prayers go out to ate Committee on Commerce, Science, and mission to collect the fees that admin- him and his constituents and all those Transportation and the House of Representa- ister and enforce the provisions relat- who were adversely affected by this tives Committee on Energy and Commerce ing to the national do-not-call registry. tragedy, not only in that State but in that includes— In 2003, Congress passed the Do-Not- other States as well.

VerDate Aug 31 2005 04:48 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.034 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H590 CONGRESSIONAL RECORD — HOUSE February 6, 2008 With that, Madam Speaker, I urge a the registry, including the mainte- original intent of the do-not-call reg- ‘‘yes’’ vote. nance and, ultimately, the enforce- istry. At this time, I reserve the balance of ment of the violators of this legisla- In conclusion, Madam Speaker, many my time. tion. of our constituents still express their Mr. STEARNS. Madam Speaker, I gratitude for enacting the original Do- b 1700 yield myself such time as I may con- Not-Call Act, simply enabling them to sume. The program has been a huge success, make their home hours more peaceful Let me thank, first of all, the dis- as the gentleman from North Carolina without irritating telemarketing inter- cerning, clairvoyant, highly observant has pointed out, with one recent poll- ruptions, especially around suppertime. and eloquent statements from the gen- ing finding there is over 150 million ac- The popularity and success of the do- tleman from North Carolina for his tive telephone numbers on the registry. not-call registry is without question. It kindness in recognizing that it is, in- My colleagues, that’s roughly 70 per- is successful and it is one area in which deed, my bill. I appreciate his very elo- cent of Americans who avail them- this Congress has acted in a bipartisan quent statement. selves of the registry benefit. That poll fashion, almost unanimously on the Mr. WHITFIELD was supposed to be also found over 90 percent of those reg- House floor with approval. So I urge all here, but, of course, with the torna- istered with the do-not-call list do in- my colleagues’ support. does, he cannot be here. He flew back deed receive fewer unsolicited tele- Madam Speaker, I reserve the bal- to Kentucky to take care of his con- marketing calls. ance of my time. stituents, so he is to be commended for The Federal Trade Commission must Mr. BUTTERFIELD. I want to thank that. also be commended for its part in mak- the gentleman for his comments. But I rise today also in support of ing the registry a success. Without vig- Madam Speaker, I have no further re- this bill, which is my bill which came orous enforcement, a prohibition would quests for time, and I reserve the bal- through my subcommittee, the Do-Not- be meaningless. Consumers who receive ance of my time. Call Registry Fee Extension Act of unwanted telemarketing calls log com- Mr. STEARNS. Madam Speaker, I 2007. The Senate bill is 781. plaints via either a toll-free telephone yield such time as he may consume to As pointed out, this bill is identical number or the Internet. As a result, the gentleman from Texas (Mr. BUR- to H.R. 2601 which I introduced and the commission has pursued 35 cases GESS). Mr. BURGESS. I thank the gen- which passed this Chamber by voice for violations of this do-not-call provi- tleman for yielding, and I thank both vote under suspension of the rules on sion in the bill and has collected $25 the chairman and the ranking member December 11, last year. As the sponsor million combined in civil penalties and equitable relief. for bringing this bill to the floor. of the companion legislation to the Madam Speaker, as pointed out, this Unfortunately, the commission’s au- Senate bill and as the former ranking has been one of the most popular pieces thority to collect the fees necessary to member of the committee with juris- of legislation that we could pass cer- maintain the registry expired last Sep- diction over consumer protection, I as- tainly during my short tenure in Con- tember. This legislation restores the sured all my colleagues that this legis- gress. And, Madam Speaker, I would commission’s authority to collect the lation is necessary and, of course, very only point out that with a 10 percent necessary fees to maintain and simply timely. The gentleman from North approval rating, it is incumbent upon Carolina mentioned that it is one of update the registry in a timely man- us to continue to pass legislation that the most popular bills we have passed ner. Further, this act provides busi- is indeed popular. in Congress, and indeed it is. nesses with certainty into the future I am an original cosponsor of the Do- I can also assure each of you that it regarding the fees they pay to access Not-Call Registry Fee Extension Act, will have an immediate and meaningful the registry. and as has been pointed out, this bill impact on our constituents, much more So, my colleagues, while this bill sets will extend the Federal Trade Commis- so than many of the bills that we’ve specific access fees, it also ensures sion’s authority to collect fees and to passed this year. Congress will receive the information administer and force the do-not-call The Congress originally passed the necessary to assess in the future registry. This registry is popular. This Do-Not-Call Act in 2003 in response to whether those fees are simply suffi- registry’s effect has been profound. the growing concern about the per- cient and appropriate. The Senate bill Since the creation of this registry, as sistent invasion of unsolicited tele- requires the Federal Trade Commission we heard testimony in our committee marketing calls to consumers’ homes. and the SEC to submit two reports to as we worked on the bill earlier this Now, at that point I was chairman of Congress biennially. One report shall year, over 145 million telephone num- the Commerce, Trade, and Consumer include information regarding basic bers have been registered. And as we Protection Subcommittee, and I took registry statistics such as the number heard from Ranking Member STEARNS great pride that our committee came of consumers registered, number of per- a little while ago, that number is now together with JAN SCHAKOWSKY, who sons paying for access, and the impact up to 150 million telephone numbers. was the ranking member, to put to- of new telecommunications technology As the Director of the Federal Trade gether the do-not-call registry. She is on the registry. The second report ad- Commission, Linda Parnes, eloquently to be commended today, too, for her dresses consumer reports of abuse of stated in her testimony before the En- support and her enabling of this legis- registry exceptions, including the re- ergy and Commerce Committee last lation. cent reports of ‘‘lead generators,’’ un- October, the do-not-call registry ‘‘helps The idea was very simple: Consumers solicited mailers, and we’ve all gotten to restore the sanctity of the American could place their home phone numbers those unsolicited mailers through the dinner hour.’’ on a list, and telemarketers would then mail, used to establish a business rela- While I firmly believe in a free mar- be prohibited from making unsolicited tionship. Then once that business rela- ket and I believe that businesses phone solicitation. In order to avail tionship is established, they can come should be able to and should be respon- themselves of the tranquility afforded back and call you or otherwise they sible for formulating their own busi- then by the registry, consumers simply trick you into answering these little ness plans and business practices, I call a toll-free number from the tele- lead generators. And most frequently also believe that Americans have a phone line they wish to register, or the people who do answer them are sen- right to privacy. People should be able they could add their number via the iors, who are very conscientious, and to have the option of whether or not Internet. Telemarketers then access then that, in fact, involves waiving they want to receive telephone calls the registry at the Federal Trade Com- their do-not-call protections. As time from telemarketers in the privacy of mission to obtain a list of registered passes and people think of new ways to their homes. Thanks to the do-not-call numbers over the Internet and then re- circumvent these protections, we will registry, Americans can sign up and move their numbers from their call want to ensure we have the necessary they are afforded this decision and this list. Pretty simple. These tele- information to keep pace with these discretion. marketers then pay a simple fee for folks that are trying to trick our con- To keep the registry working in the such access. It is those fees that fund stituents, thereby protecting their future, it is imperative that we act

VerDate Aug 31 2005 04:48 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.056 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H591 swiftly and pass this important legisla- The SPEAKER pro tempore. The will resume on motions to suspend the tion to further extend the protection of question is on the motion offered by rules previously postponed. privacy for all Americans. As Commis- the gentleman from North Carolina Votes will be taken in the following sioner Parnes pointed out, let’s help re- (Mr. BUTTERFIELD) that the House sus- order: store the sanctity of the American din- pend the rules and pass the Senate bill, H. Res. 867, by the yeas and nays; ner hour once and for all. S. 781. H. Res. 942, by the yeas and nays; Mr. STEARNS. Madam Speaker, I The question was taken; and (two- H. Res. 943, by the yeas and nays. yield back the balance of my time. thirds being in the affirmative) the Postponed votes on H. Con. Res. 283, Mr. BUTTERFIELD. Madam Speak- rules were suspended and the Senate H. Res. 947, and H.R. 4848 will be taken er, I am going to urge my colleagues to bill was passed. tomorrow. vote ‘‘aye’’ on this measure, and let’s A motion to reconsider was laid on The first electronic vote will be con- send it on to the President’s desk. the table. ducted as a 15-minute vote. Remaining Mr. DINGELL. Madam Speaker, I rise in f electronic votes will be conducted as 5- strong support of S. 781, the ‘‘Do-Not-Call CONTINUATION OF THE NATIONAL minute votes. Registry Fee Extension Act,’’ and I urge its EMERGENCY RELATING TO CUBA swift adoption by the House. f This bill is identical to H.R. 2601, which the AND OF THE EMERGENCY AU- House passed on December 11, 2007, to ex- THORITY RELATING TO THE COMMENDING THE HOUSTON DY- tend the authority of the Federal Trade Com- REGULATION OF THE ANCHOR- NAMO SOCCER TEAM FOR WIN- mission to collect fees to administer and en- AGE AND MOVEMENT OF VES- NING THE 2007 MAJOR LEAGUE force the provisions of law relating to the ever- SELS—MESSAGE FROM THE SOCCER CUP PRESIDENT OF THE UNITED popular national Do-Not-Call registry. The reg- The SPEAKER pro tempore. The un- STATES (H. DOC. NO. 110–93) istry was established by Congress to enable finished business is the vote on the mo- citizens to place their personal phone numbers The SPEAKER pro tempore laid be- tion to suspend the rules and agree to on a list that prohibits unwanted commercial fore the House the following message the resolution, H. Res. 867, on which solicitations over that number. By any meas- from the President of the United the yeas and nays were ordered. ure, this program has been wildly successful— States; which was read and, together The Clerk read the title of the resolu- more than 145 million telephone numbers with the accompanying papers, without tion. have been placed on the list, pesky phone objection, referred to the Committee The SPEAKER pro tempore. The calls from telemarketers have declined, and on Foreign Affairs and ordered to be question is on the motion offered by the FTC’s enforcement has been vigorous— printed: the gentleman from New Hampshire but the agency’s ability to collect fees to fund To the Congress of the United States: (Mr. HODES) that the House suspend the this operation expired after September 2007. Section 202(d) of the National Emer- rules and agree to the resolution, H. Therefore, we need to act. gencies Act (50 U.S.C. 1622(d)) provides Res. 867. By agreement with the Chairman of the for the automatic termination of a na- The vote was taken by electronic de- Senate Committee on Commerce, we are tional emergency unless, prior to the vice, and there were—yeas 373, nays 0, sending the later Senate-passed bill to the anniversary date of its declaration, the not voting 56, as follows: President. At this time, I want to commend President publishes in the Federal Reg- [Roll No. 29] Representative STEARNS, the sponsor of the ister and transmits to the Congress a YEAS—373 House-passed bill and then Ranking Sub- notice stating that the emergency is to Abercrombie Camp (MI) Drake committee Member, for his leadership on this continue in effect beyond the anniver- Ackerman Cantor Dreier important consumer protection issue. I also sary date. In accordance with this pro- Aderholt Capito Duncan commend Representative RUSH, a cosponsor vision, I have sent the enclosed notice Akin Capps Edwards Allen Capuano Ehlers of the House bill and Chairman of the Sub- to the Federal Register for publication, Altmire Cardoza Ellison committee on Commerce, Trade, and Con- which states that the national emer- Andrews Carnahan Ellsworth sumer Protection, for expeditiously bringing gency declared with respect to the Gov- Arcuri Carney Emanuel that bill, of which I am the lead Democratic Baca Carter Emerson ernment of Cuba’s destruction of two Bachmann Castle Engel sponsor, to the House floor last year. We unarmed U.S.-registered civilian air- Bachus Castor English (PA) would not be here today without their efforts. craft in international airspace north of Baird Chabot Eshoo I would note to the House that, as part of Cuba on February 24, 1996, as amended Barrett (SC) Chandler Etheridge the agreement, the Senate today will take up Barrow Clarke Everett and expanded on February 26, 2004, is to Bartlett (MD) Clay Fallin and pass H.R. 3541, legislation also passed continue in effect beyond March 1, 2008. Barton (TX) Cleaver Fattah by the House on December 11, 2007, to elimi- GEORGE W. BUSH. Becerra Clyburn Feeney nate the automatic removal of telephone num- THE WHITE HOUSE, February 6, 2008. Berkley Coble Ferguson Berman Cohen Flake bers from the registry, thus clearing the bill for f Biggert Cole (OK) Forbes the President’s signature. Current rules pro- Bilbray Conyers Fossella vide that telephone numbers be removed from RECESS Bilirakis Cooper Foxx the list after 5 years, thus requiring consumers The SPEAKER pro tempore. Pursu- Bishop (GA) Costa Frank (MA) Bishop (NY) Costello Franks (AZ) to reregister their numbers in order to fend off ant to clause 12(a) of rule I, the Chair Bishop (UT) Courtney Frelinghuysen telemarketing calls. Most consumers are un- declares the House in recess until ap- Blunt Cramer Garrett (NJ) aware of this requirement. This places a par- proximately 6:30 p.m. today. Boehner Crenshaw Gerlach Accordingly (at 5 o’clock and 7 min- Bonner Crowley Giffords ticular burden on the elderly, the group most Bono Mack Cuellar Gilchrest often victimized by telemarketing frauds. The utes p.m.), the House stood in recess Boozman Culberson Gillibrand House-passed bill contains common sense ex- until approximately 6:30 p.m. today. Boren Cummings Gohmert ceptions as well as requirements to ensure the f Boswell Davis (AL) Gonzalez Boustany Davis (CA) Goode accuracy of the list. I thank the Federal Trade b 1830 Boyd (FL) Davis (KY) Goodlatte Commission and the Direct Marketing Asso- Boyda (KS) Davis, David Gordon ciation for their improvements to the bill, and AFTER RECESS Brady (PA) Davis, Lincoln Granger Brady (TX) Deal (GA) Green, Al I commend Representatives DOYLE and PICK- The recess having expired, the House Braley (IA) DeFazio Green, Gene ERING for their strong bipartisan leadership on was called to order by the Speaker pro Broun (GA) DeGette Gutierrez this legislation. tempore (Ms. JACKSON-LEE of Texas) at Brown (SC) Delahunt Hall (NY) This strong package of bipartisan consumer 6 o’clock and 30 minutes p.m. Brown, Corrine DeLauro Hall (TX) Brown-Waite, Dent Hastings (FL) protection bills will serve the American public f Ginny Diaz-Balart, L. Hayes well, and will stand as a testament to what bi- Buchanan Diaz-Balart, M. Heller partisanship and good will across the Capitol ANNOUNCEMENT BY THE SPEAKER Burgess Dicks Hensarling PRO TEMPORE Burton (IN) Dingell Herger can accomplish. Butterfield Doggett Herseth Sandlin Mr. BUTTERFIELD. Madam Speak- The SPEAKER pro tempore. Pursu- Buyer Donnelly Higgins er, I yield back the balance of my time. ant to clause 8 of rule XX, proceedings Calvert Doyle Hill

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.059 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H592 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Hinchey McGovern Sa´ nchez, Linda b 1854 Hodes McGovern Sarbanes Hirono McHenry T. Hoekstra McHenry Saxton Hobson McHugh Sarbanes So (two-thirds being in the affirma- Holden McHugh Schakowsky Hodes McIntyre Saxton tive) the rules were suspended and the Holt McIntyre Schiff Hoekstra McKeon Schakowsky resolution was agreed to. Honda McKeon Schmidt Holden McNerney Schiff Hoyer McNerney Schwartz Holt McNulty Schmidt The result of the vote was announced Hunter McNulty Scott (VA) Honda Meek (FL) Schwartz as above recorded. Inglis (SC) Meek (FL) Sensenbrenner Hoyer Meeks (NY) Scott (GA) A motion to reconsider was laid on Inslee Meeks (NY) Serrano Hunter Melancon Scott (VA) the table. Israel Melancon Sessions Inglis (SC) Mica Sensenbrenner Issa Mica Sestak Inslee Michaud Serrano Stated for: Jackson (IL) Michaud Shadegg Israel Miller (FL) Sessions Mr. FILNER. Madam Speaker, on rollcall Jackson-Lee Miller (FL) Shays Issa Miller (MI) Sestak No. 29, I was away from the Capitol attending (TX) Miller (MI) Shea-Porter Jackson (IL) Miller (NC) Shadegg a function in my capacity as Chairman of the Johnson (GA) Miller (NC) Sherman Jackson-Lee Miller, Gary Shays Johnson (IL) Miller, Gary Shimkus (TX) Miller, George Shea-Porter House Veterans’ Affairs Committee. Had I Johnson, E. B. Miller, George Shuler Johnson (GA) Mitchell Sherman been present, I would have voted ‘‘yea.’’ Johnson, Sam Mitchell Shuster Johnson (IL) Mollohan Shimkus Jones (NC) Mollohan Simpson Johnson, E. B. Moore (KS) Shuler f Jones (OH) Moran (KS) Sires Johnson, Sam Moran (KS) Shuster Jordan Moran (VA) Skelton Jones (NC) Moran (VA) Simpson Kagen Murphy (CT) Slaughter Jones (OH) Murphy (CT) Sires RECOGNIZING THE SIGNIFICANCE OF BLACK HISTORY MONTH Kanjorski Murphy, Patrick Smith (NE) Jordan Murphy, Patrick Skelton Kaptur Murphy, Tim Smith (NJ) Kagen Murphy, Tim Slaughter The SPEAKER pro tempore. The un- Keller Musgrave Smith (TX) Kanjorski Murtha Smith (NE) finished business is the vote on the mo- Kennedy Myrick Snyder Kaptur Musgrave Smith (NJ) Kildee Nadler Solis Keller Myrick Smith (TX) tion to suspend the rules and agree to Kilpatrick Napolitano Souder Kennedy Nadler Snyder the resolution, H. Res. 942, on which Kind Neal (MA) Space Kildee Solis Napolitano King (IA) Neugebauer Spratt Kilpatrick Neal (MA) Souder the yeas and nays were ordered. King (NY) Nunes Stearns Kind Neugebauer Space The Clerk read the title of the resolu- Kingston Oberstar Stupak King (IA) Nunes Spratt tion. Kirk Obey Sullivan King (NY) Oberstar Stearns The SPEAKER pro tempore. The Klein (FL) Olver Sutton Kingston Obey Stupak Kline (MN) Ortiz Tancredo Kirk Olver Sullivan question is on the motion offered by Knollenberg Pallone Tauscher Klein (FL) Ortiz Sutton the gentleman from New Hampshire Kucinich Pascrell Taylor Kline (MN) Pallone Tancredo (Mr. HODES) that the House suspend the LaHood Pastor Thompson (CA) Knollenberg Pascrell Tauscher rules and agree to the resolution, H. Lamborn Paul Thompson (MS) Kucinich Pastor Taylor Lampson Payne Thornberry LaHood Paul Thompson (CA) Res. 942. Langevin Pearce Tiahrt Lamborn Payne Thompson (MS) This will be a 5-minute vote. Lampson Pearce Thornberry Larsen (WA) Perlmutter Tiberi The vote was taken by electronic de- Larson (CT) Peterson (MN) Tierney Langevin Perlmutter Tiahrt vice, and there were—yeas 367, nays 0, Larsen (WA) Peterson (MN) Tiberi Latham Peterson (PA) Towns Larson (CT) Peterson (PA) Tierney not voting 62, as follows: LaTourette Pickering Tsongas Latta Pitts Turner Latham Pickering Towns [Roll No. 30] LaTourette Pitts Tsongas Lee Platts Udall (CO) Latta Platts Turner YEAS—367 Levin Poe Udall (NM) Lee Poe Udall (CO) Abercrombie Capito Duncan Lewis (CA) Pomeroy Upton Levin Pomeroy Udall (NM) Ackerman Capps Edwards Lewis (GA) Porter Van Hollen Lewis (CA) Porter Upton Aderholt Capuano Ehlers Lewis (KY) Price (GA) Vela´ zquez Lewis (GA) Price (GA) Van Hollen Akin Cardoza Ellison Linder Price (NC) Visclosky Lewis (KY) Price (NC) Vela´ zquez Allen Carnahan Ellsworth LoBiondo Putnam Walberg Linder Putnam Visclosky Altmire Carney Emanuel Loebsack Rahall Walden (OR) LoBiondo Rahall Walberg Andrews Carter Emerson Lofgren, Zoe Ramstad Walsh (NY) Loebsack Ramstad Walden (OR) Arcuri Castle Engel Lucas Regula Walz (MN) Lofgren, Zoe Rangel Walsh (NY) Baca Castor English (PA) Lungren, Daniel Rehberg Wamp Lucas Regula Walz (MN) Bachmann Chabot Eshoo E. Reichert Wasserman Lungren, Daniel Rehberg Wamp Bachus Chandler Etheridge Lynch Renzi Schultz E. Reichert Wasserman Baird Clarke Everett Mack Reyes Waters Lynch Renzi Schultz Barrett (SC) Clay Fallin Mahoney (FL) Richardson Watson Mack Reyes Waters Barrow Cleaver Fattah Maloney (NY) Rogers (AL) Watt Mahoney (FL) Reynolds Watson Bartlett (MD) Clyburn Feeney Marchant Rogers (KY) Waxman Maloney (NY) Richardson Watt Barton (TX) Coble Ferguson Markey Rogers (MI) Weiner Marchant Rodriguez Waxman Becerra Cohen Flake Marshall Ros-Lehtinen Welch (VT) Markey Rogers (AL) Weiner Berkley Cole (OK) Forbes Matheson Roskam Westmoreland Marshall Rogers (KY) Welch (VT) Berman Conyers Fossella Matsui Rothman Wilson (NM) Matheson Rogers (MI) Westmoreland Biggert Cooper Foxx McCarthy (CA) Roybal-Allard Wilson (OH) Matsui Ros-Lehtinen Wilson (NM) Bilbray Costa Frank (MA) McCarthy (NY) Royce Wilson (SC) McCarthy (CA) Roskam Wilson (OH) Bilirakis Costello Franks (AZ) McCaul (TX) Ryan (OH) Wittman (VA) McCarthy (NY) Rothman Wilson (SC) Bishop (NY) Courtney Frelinghuysen McCollum (MN) Salazar Wolf McCaul (TX) Roybal-Allard Wittman (VA) Bishop (UT) Cramer Garrett (NJ) McCotter Sali Wu McCollum (MN) Royce Wolf Blunt Crenshaw Gerlach McCrery Sa´ nchez, Linda Yarmuth McCotter Ryan (OH) Wu Boehner Crowley Giffords McDermott T. Young (AK) McCrery Salazar Yarmuth Bonner Cuellar Gilchrest McDermott Sali Young (AK) Bono Mack Culberson Gillibrand NOT VOTING—62 Boozman Cummings Gohmert NOT VOTING—56 Boren Davis (AL) Gonzalez Alexander Hare Rangel Boswell Davis (CA) Goode Baldwin Harman Reynolds Alexander Graves Pryce (OH) Boustany Davis (IL) Goodlatte Bean Hastings (WA) Rodriguez Baldwin Grijalva Radanovich Boyd (FL) Davis (KY) Gordon Berry Hinojosa Rohrabacher Bean Hare Rohrabacher Boyda (KS) Davis, David Granger Bishop (GA) Hooley Ross Berry Harman Ross Brady (PA) Davis, Lincoln Green, Al Blackburn Hulshof Ruppersberger Blackburn Hastings (WA) Ruppersberger Brady (TX) Deal (GA) Green, Gene Blumenauer Jefferson Rush Blumenauer Hinojosa Rush Braley (IA) DeFazio Gutierrez Boucher Kuhl (NY) Ryan (WI) Boucher Hooley Ryan (WI) Broun (GA) DeGette Hall (NY) Campbell (CA) Lantos Sanchez, Loretta Campbell (CA) Hulshof Sanchez, Loretta Brown (SC) Delahunt Hall (TX) Cannon Lipinski Scott (GA) Cannon Jefferson Smith (WA) Brown, Corrine DeLauro Hastings (FL) Conaway Lowey Smith (WA) Conaway Kuhl (NY) Stark Brown-Waite, Dent Hayes Cubin Manzullo Stark Cubin Lantos Tanner Ginny Diaz-Balart, L. Heller Davis, Tom McMorris Tanner Davis (IL) Lipinski Terry Buchanan Diaz-Balart, M. Hensarling Doolittle Rodgers Terry Davis, Tom Lowey Weldon (FL) Burgess Dicks Herger Farr Moore (KS) Weldon (FL) Doolittle Manzullo Weller Burton (IN) Dingell Herseth Sandlin Filner Moore (WI) Weller Farr McMorris Wexler Butterfield Doggett Higgins Fortenberry Murtha Wexler Filner Rodgers Whitfield (KY) Buyer Donnelly Hill Gallegly Pence Whitfield (KY) Fortenberry Moore (WI) Woolsey Calvert Doyle Hinchey Gingrey Petri Woolsey Gallegly Pence Wynn Camp (MI) Drake Hirono Graves Pryce (OH) Wynn Gingrey Petri Young (FL) Cantor Dreier Hobson Grijalva Radanovich Young (FL)

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ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gillibrand Mahoney (FL) Roybal-Allard Platts Ryan (WI) Weller The SPEAKER pro tempore (during Gohmert Maloney (NY) Royce Pryce (OH) Sanchez, Loretta Wexler Gonzalez Marchant Ryan (OH) Radanovich Smith (WA) Whitfield (KY) the vote). Members are advised there Goode Markey Salazar Rohrabacher Stark Woolsey are 2 minutes left in this vote. Goodlatte Marshall Sali Ross Tanner Wynn Gordon Matheson Sa´ nchez, Linda Ruppersberger Terry Young (FL) b 1902 Granger Matsui T. Rush Weldon (FL) Green, Al McCarthy (CA) Sarbanes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So (two-thirds being in the affirma- Green, Gene McCarthy (NY) Saxton tive) the rules were suspended and the Gutierrez McCaul (TX) Schakowsky The SPEAKER pro tempore (during resolution was agreed to. Hall (NY) McCollum (MN) Schiff the vote). Members are advised there is Hall (TX) McCotter The result of the vote was announced Schmidt 1 minute remaining in this vote. Hastings (FL) McCrery Schwartz as above recorded. Hayes McDermott Scott (GA) b 1910 A motion to reconsider was laid on Heller McGovern Scott (VA) Hensarling McHenry Sensenbrenner So (two-thirds being in the affirma- the table. Herger McHugh Stated for: Serrano tive) the rules were suspended and the Herseth Sandlin McIntyre Sessions Higgins McKeon resolution was agreed to. Mr. FILNER. Madam Speaker, on rollcall Sestak Hill McNerney Shadegg The result of the vote was announced No. 30, I was away from the Capitol attending Hinchey McNulty Shays as above recorded. a function in my capacity as Chairman of the Hirono Meek (FL) Shea-Porter Hobson Meeks (NY) A motion to reconsider was laid on House Veterans’ Affairs Committee. Had I Sherman been present, I would have voted ‘‘yea.’’ Hodes Melancon the table. Hoekstra Mica Shimkus Shuler Stated for: f Holden Michaud Holt Miller (FL) Shuster Mr. FILNER. Madam Speaker, on rollcall REMEMBERING THE SPACE SHUT- Honda Miller (MI) Simpson No. 31, I was away from the Capitol attending Hooley Miller (NC) Sires a function in my capacity as Chairman of the TLE ‘‘CHALLENGER’’ DISASTER Skelton Hoyer Miller, Gary House Veterans’ Affairs Committee. Had I AND HONORING ITS CREW MEM- Hunter Miller, George Slaughter BERS Inglis (SC) Mitchell Smith (NE) been present, I would have voted ‘‘yea.’’ Smith (NJ) Inslee Mollohan f The SPEAKER pro tempore. The un- Israel Moore (KS) Smith (TX) finished business is the vote on the mo- Issa Moran (KS) Snyder PERSONAL EXPLANATION tion to suspend the rules and agree to Jackson (IL) Moran (VA) Solis Jackson-Lee Murphy (CT) Souder Mr. GINGREY. Madam Speaker, on rollcall the resolution, H. Res. 943, on which (TX) Murphy, Patrick Space No. 29 on H. Res. 867, Commending the the yeas and nays were ordered. Spratt Johnson (GA) Murphy, Tim Houston Dynamo soccer team for winning the The Clerk read the title of the resolu- Johnson (IL) Musgrave Stearns 2007 Major League Soccer Cup, I am not re- tion. Johnson, E.B. Myrick Stupak Johnson, Sam Nadler Sullivan corded, as I was absent due to my attendance The SPEAKER pro tempore. The Jones (NC) Napolitano Sutton at a funeral. Had I been present, I would have question is on the motion offered by Jones (OH) Neal (MA) Tancredo voted ‘‘yea.’’ the gentleman from Louisiana (Mr. Jordan Neugebauer Tauscher Kagen Nunes Madam Speaker, on rollcall No. 30 on H. MELANCON) that the House suspend the Taylor Kanjorski Oberstar Thompson (CA) Res. 942, Recognizing the significance of rules and agree to the resolution, H. Kaptur Obey Thompson (MS) Black History Month, I am not recorded, as I Res. 943. Keller Olver Thornberry was absent due to my attendance at a funeral. This will be a 5-minute vote. Kennedy Ortiz Tiahrt Kildee Pallone Had I been present, I would have voted ‘‘yea.’’ The vote was taken by electronic de- Tiberi Kilpatrick Pascrell Tierney Madam Speaker, on rollcall No. 31 on H. vice, and there were—yeas 371, nays 0, Kind Pastor Towns Res. 943, Remembering the space shuttle not voting 58, as follows: King (IA) Paul Tsongas King (NY) Payne Turner Challenger disaster and honoring its crew [Roll No. 31] Kingston Pearce Udall (CO) members, who lost their lives on January 28, Kirk Perlmutter YEAS—371 Udall (NM) Klein (FL) Peterson (MN) 1986, I am not recorded, as I was absent due Upton Abercrombie Buchanan Deal (GA) Kline (MN) Peterson (PA) to my attendance at a funeral. Had I been Van Hollen Ackerman Burgess DeFazio Knollenberg Pickering ´ present, I would have voted ‘‘yea.’’ Aderholt Burton (IN) DeGette Kucinich Pitts Velazquez Akin Butterfield Delahunt LaHood Poe Visclosky f Allen Buyer DeLauro Lamborn Pomeroy Walberg Altmire Calvert Dent Lampson Porter Walden (OR) b 1915 Andrews Camp (MI) Diaz-Balart, L. Langevin Price (GA) Walsh (NY) Arcuri Cantor Diaz-Balart, M. Larsen (WA) Price (NC) Walz (MN) SPECIAL ORDERS Baca Capito Dicks Larson (CT) Putnam Wamp The SPEAKER pro tempore. Under Bachmann Capps Dingell Latham Rahall Wasserman Bachus Capuano Doggett LaTourette Ramstad Schultz the Speaker’s announced policy of Jan- Baird Cardoza Donnelly Latta Rangel Waters uary 18, 2007, and under a previous Barrett (SC) Carnahan Doyle Lee Regula Watson order of the House, the following Mem- Barrow Carney Drake Watt Levin Rehberg bers will be recognized for 5 minutes Bartlett (MD) Carter Dreier Lewis (CA) Reichert Waxman Barton (TX) Castle Duncan Lewis (GA) Renzi Weiner each. Becerra Castor Edwards Welch (VT) Lewis (KY) Reyes f Berkley Chabot Ehlers Linder Reynolds Westmoreland Biggert Chandler Ellison LoBiondo Richardson Wilson (NM) SILENT GENOCIDE Bilbray Clarke Ellsworth Loebsack Rodriguez Wilson (OH) Bilirakis Clay Emanuel Lofgren, Zoe Rogers (AL) Wilson (SC) The SPEAKER pro tempore. Under a Bishop (GA) Cleaver Emerson Lucas Rogers (KY) Wittman (VA) previous order of the House, the gen- Bishop (NY) Clyburn Engel Lungren, Daniel Rogers (MI) Wolf Bishop (UT) Coble English (PA) E. Ros-Lehtinen Wu tleman from Arizona (Mr. FRANKS) is Blunt Cohen Eshoo Lynch Roskam Yarmuth recognized for 5 minutes. Boehner Cole (OK) Etheridge Mack Rothman Young (AK) Bonner Cooper Everett Mr. FRANKS of Arizona. Madam Speaker, it is February 6, 2008, in the Bono Mack Costa Fallin NOT VOTING—58 Boozman Costello Fattah land of the free and the home of the Boren Courtney Feeney Alexander Davis, Tom Hulshof brave. And before the sun set today in Boswell Cramer Ferguson Baldwin Doolittle Jefferson Boustany Crenshaw Flake Bean Farr Kuhl (NY) America, almost 4,000 more defenseless Boyd (FL) Crowley Forbes Berman Filner Lantos unborn children were killed by abor- Boyda (KS) Cuellar Fossella Berry Fortenberry Lipinski tion on demand. That is just today. Brady (PA) Culberson Foxx Blackburn Gallegly Lowey Brady (TX) Cummings Frank (MA) Blumenauer Gingrey Manzullo That is more than the number of inno- Braley (IA) Davis (AL) Franks (AZ) Boucher Graves McMorris cent American lives lost on September Broun (GA) Davis (CA) Frelinghuysen Campbell (CA) Grijalva Rodgers 11, only it happens, Madam Speaker, Brown (SC) Davis (IL) Garrett (NJ) Cannon Hare Moore (WI) every day in America. Brown, Corrine Davis (KY) Gerlach Conaway Harman Murtha Brown-Waite, Davis, David Giffords Conyers Hastings (WA) Pence It has now been exactly 12,798 days Ginny Davis, Lincoln Gilchrest Cubin Hinojosa Petri since the judicial fiat called Roe v.

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.065 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H594 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Wade was handed down. Since then, the cries of the unborn at last. May that be more visible as his peers joined to- very foundation of this Nation has been the day that we find the humanity, the gether around an empty pair of boots stained by the blood of almost 50 mil- courage and the will to embrace to- and a firefighter’s helmet to honor lion of our own unborn children. And gether our human and our constitu- their fallen colleague. all of them, Madam Speaker, had at tional duty to protect the least of We will always remember Ed for his least four things in common: they were these, our tiny American brothers and ever-present smile, his commitment to just little babies who had done nothing sisters, from this murderous scourge in his community, his sense of humor, wrong to anyone; each one of them died our Nation called abortion on demand. and his dedication to his family. On be- a nameless and a lonely death; each of Madam Speaker, it is February 6, half of the people of Ohio’s 13th Dis- the mothers, whether she realizes it 2008, 12,798 days since Roe v. Wade in trict, I want to express my deepest immediately or not, will never be the the land of the free and the home of the sympathies to his wife, Denise, and same; and all the gifts that these chil- brave. son, Brian. We have lost a great man, dren might have brought to humanity f and they have lost a great husband and are now lost forever. The SPEAKER pro tempore. Under a father who gave all in service to others Yet even in the full glare of such previous order of the House, the gentle- and our country. tragedy, this generation clings to We grieve Ed’s passing, but we cele- woman from California (Ms. WOOLSEY) blindness and invincible ignorance brate his life and service and we take is recognized for 5 minutes. while history repeats itself, and our solace in knowing we are better people (Ms. WOOLSEY addressed the House. own silent genocide mercilessly annihi- for having known him. Her remarks will appear hereafter in lates the most helpless of all victims to the Extensions of Remarks.) f date, those yet unborn. Madam Speaker, perhaps it is impor- f HONORING CORPS’ ROLE IN AL- tant for those of us in this Chamber to LOWING FAMILY OF FALLEN MA- HONORING FORMER FIRE CHIEF RINE TO ADOPT SON’S K–9 PART- remind ourselves again of why we are ED HANZEL really all here. Thomas Jefferson said, NER, LEX ‘‘The care of innocent human life and The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a its happiness and not its destruction is previous order of the House, the gentle- previous order of the House, the gen- the chief and only object of good gov- woman from Ohio (Ms. SUTTON) is rec- tleman from North Carolina (Mr. ernment.’’ Madam Speaker, protecting ognized for 5 minutes. JONES) is recognized for 5 minutes. the lives of our innocent citizens and Ms. SUTTON. Madam Speaker, I rise Mr. JONES of North Carolina. their constitutional rights is why we today with a deep sense of appreciation Madam Speaker, on December 21, 2007, are all here. It is our sworn oath. The to pay tribute to former fire chief, Ed I had the privilege and honor to visit phrase in the 14th amendment capsul- Hanzel, who passed away on December Marine Corps Base Albany, Georgia to izes our entire Constitution. It says, 31, 2007 while serving as a combat fire- witness firsthand the compassion of ‘‘No State shall deprive any person of fighter in Iraq. the United States Marine Corps. life, liberty or property without due Ed, who devoted over 32 years of his I am extremely grateful to the process of law.’’ The bedrock founda- life to his community as a firefighter, United States Air Force for making it tion of this Republic is the declaration, embarked on two separate tours in Iraq possible for me to take part in a visit not the casual notion, but the declara- following his retirement in 2002. Re- that was so special, I can hardly de- tion of the self-evident truth that all tirement did not suit Ed, who felt he scribe it in words. On that day, the Je- human beings are created equal and en- could make a positive contribution in rome Lee family of Quitman, Mis- dowed by their Creator with certain in- Iraq while continuing to provide for his sissippi, was able to adopt their son’s alienable rights, the right of life, lib- family. canine partner, Lex, who was released erty and the pursuit of happiness. And although Denise, his wife of 36 from his duty as a military working Every conflict or battle our Nation years, worried for his safety, Ed was dog. has ever faced can be traced to our determined to protect our brave sol- Jerome and Rachel Lee’s son, Cor- commitment to this core self-evident diers by utilizing his professional fire- poral Dustin Jerome Lee, was a United truth. It has made us the beacon of fighting skills on military bases as a States Marine Corps dog handler who hope for the entire world. It is who we combat firefighter. One morning, at was killed in action on March 21, 2007, are. And yet another day has passed, the onset of his second tour, Ed in- in Fallujah, Iraq. Corporal Lee and his Madam Speaker, and we in this body formed a coworker he wasn’t feeling canine partner Lex, a 7-year-old Ger- have failed again to honor that com- well and went to rest. Later that day, man shepherd, were a highly trained mitment. We have failed our sworn Ed Hanzel passed away. explosive detection team. Lex, who was oath and our God-given responsibility Ed was a strong man. He had beaten due for retirement after his combat as we broke faith with nearly 4,000 cancer a few years ago. His death in tour in Iraq, suffered shrapnel wounds more unborn children who died without Iraq surprised his family and friends from the same enemy-fired rocket-pro- the protection that we should have who knew him for his easygoing na- pelled grenade that took Corporal Lee’s given them. ture, his sense of humor, and his abil- life. Perhaps tonight, Madam Speaker, ity to light up a room with his bright Following Corporal Lee’s death, the maybe someone new who hears this eyes and genuine smile. After his pass- Lee family began seeking to adopt sunset memorial will finally realize ing, countless firefighters, emergency their son’s canine companion who was that abortion really does kill a baby, medical personnel and other safety with their son during his last moments that it hurts mothers in ways that we forces from 11 neighboring departments on Earth. However, after filing the nec- can never express, and that 12,798 days joined together to honor Ed’s memory. essary paperwork, the Lee family was spent killing nearly 58 million children With fire truck ladders extended to told that Lex had been medically eval- in America is enough. Perhaps we will form an arch, an American flag was uated and, although injured, he was fit realize that the next time we meet that flown at the peak, symbolizing Ed’s de- for duty and not yet eligible for adop- America is great enough to find a bet- votion to his country. tion. ter way than abortion on demand. A medical helicopter flew low over After learning their story, I spoke And so tonight, Madam Speaker, may the crowd, and a fire truck adorned with Corporal Lee’s father, Jerome each of us remind ourselves that our with a black wreath sounded a tradi- Lee, by phone on several occasions. Mr. own days in the sunshine of life are tional last call, concluding a ceremony Lee continued to express the joy and numbered and that all too soon each of to celebrate a former fire chief, a hum- comfort that caring for Lex would us will walk from these Chambers for ble fire chief, who often appeared em- bring to him and his family, and he re- the very last time, and if it should be barrassed when called ‘‘Chief.’’ quested my assistance in securing their that this Congress is allowed to con- The respect and admiration Ed adoption of Lex. tinue on yet another day to come, may earned as a firefighter, a paramedic I am so grateful to the United States that day be the one when we hear the and a SWAT medic could not have been Marine Corps and Commandant James

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.068 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H595 Conway for helping me ensure that the his name is Edward W. Brooke III, most no African Americans, with al- Lee family’s request was granted. I am United States Senator from Massachu- most no Democrats, he could get to be, also very grateful to Brigadier General setts, 1967 to 1979. first, the first black Attorney General Michael Regner and Major General I come during Black History Month in the United States, and then the first Robert Dickerson for their role in ena- because I think it would be a wonderful Senator elected by popular vote to the bling this adoption to proceed. I know opportunity for the House on both sides United States Senate. that Dustin is in heaven, and happy of the aisle to do something together We all know that it is very difficult that his family now has Lex. Allowing that both wanted to do, instead of sim- for an African American or a person of the Lee family to adopt Lex was a fit- ply talking about Black History Month any minority to be elected statewide. ting thank you to parents who gave the in the abstract, doing something for a When this happened in the mid-sixties, ultimate gift of their son for this coun- former Member of the United States I think we stand in awe of what kind of try. Congress who indeed was African man it must have taken to have ef- The United States Marine Corps has American. His service was of such qual- fected this change then. demonstrated its tremendous compas- ity that the President of the United So I ask Members if they will, before sion and understanding by making this States, several years ago, already this month is over, and there are other adoption a reality for the parents of awarded former Senator Brooke the Members trying to help me do so, join one of our Nation’s fallen heroes. Again highest national medal that our gov- most of the Members of the House who I extend my deep condolences to Mr. ernment can offer, the Presidential have already signed on to H.R. 1000 to and Mrs. Lee, as well as all those in Medal of Freedom. But the highest award the Congressional Gold Medal. this country who have lost a loved one medal we can offer is the Congressional f Gold Medal. The Senate, where Senator fighting in Iraq or Afghanistan. The SPEAKER pro tempore. Under a Brooke served, has already unani- Although Lex will never replace their previous order of the House, the gen- son, welcoming Lex into the Lee fam- mously passed this resolution. This is a tleman from Indiana (Mr. BURTON) is special time, I think, that the House ily and home will keep a big part of recognized for 5 minutes. would want to follow suit. Corporal Lee’s life alive for their fam- (Mr. BURTON of Indiana addressed I want to note, Madam Speaker, just ily. Lex loved and protected Corporal the House. His remarks will appear how broad range was the support in the Lee on the battlefield, and Corporal hereafter in the Extensions of Re- Senate. When you have Senator HARRY Lee’s family is now able to love and marks.) protect Lex in the peaceful sur- REID and MITCH MCCONNELL on the roundings of their home in Mississippi. same bill to honor this former Senator, f May God bless the United States Ma- I think it says it all. When you have TIME TO WAKE UP ON THE rine Corps and all of our men and Senators ranging from Senator ED- BUDGET women in uniform, and may God con- WARD KENNEDY to Senator TED STE- The SPEAKER pro tempore. Under a tinue to bless America. VENS, I think that is the very defini- tion of a bipartisan bill, and they were previous order of the House, the gentle- f among the cosponsors. woman from Ohio (Ms. KAPTUR) is rec- The SPEAKER pro tempore. Under a Why did they do this? Why has Sen- ognized for 5 minutes. previous order of the House, the gen- ator Brooke already gotten the highest Ms. KAPTUR. Madam Speaker, this tleman from Texas (Mr. POE) is recog- medal that the President of the United week, ExxonMobil reported it beat its nized for 5 minutes. States can offer? It is because of his own record for the highest annual prof- (Mr. POE addressed the House. His distinguished career in the Senate; it is its ever recorded by any company with remarks will appear hereafter in the because he did a breakthrough at the its net income rising to $40.6 billion in Extensions of Remarks.) time that breakthroughs were not even 2007, the highest record profits of any f done; and it is because of his service in company in American history. Those The SPEAKER pro tempore. Under a other ways. profits are due to the surging oil and previous order of the House, the gen- He received the Bronze Star, the Dis- gasoline prices that we are all paying. tleman from Oregon (Mr. DEFAZIO) is tinguished Service Award, and the Meanwhile, here in Washington, the es- recognized for 5 minutes. Grand Cross of the Order of Merit from tablishment sits around the table in (Mr. DEFAZIO addressed the House. the Italian Government for his leader- anticipation of the President’s budget His remarks will appear hereafter in ship during 195 days in combat in Italy proposal. Lobbyists, advocates, law- the Extensions of Remarks.) as a captain in World War II in the seg- makers, and agency heads wait in an- regated 366th Combat Infantry Regi- ticipation. f ment. That, Madam Speaker, is the This year it seems that the President b 1930 very definition of a patriot. has outdone himself by pushing up our I, of course, know about Senator national debt to $9.2 trillion, nearly $10 EDWARD W. BROOKE III, UNITED Brooke. This is perhaps somewhat per- trillion. When President Bush took of- STATES SENATOR, RETIRED sonal to me, because he was born and fice, gasoline cost $1.45 a gallon. When The SPEAKER pro tempore. Under a raised in the District of Columbia. he took office, gasoline cost $1.45 and previous order of the House, the gentle- Mind you, his greatest service did not we were showing surpluses after the woman from the District of Columbia occur in this city as a native Washing- discipline we had exacted here during (Ms. NORTON) is recognized for 5 min- tonian, but only in this city after he the 1990s, surpluses in our budget of utes. was elected to the Senate. $5.6 trillion. Now gasoline regularly Ms. NORTON. Madam Speaker, I He was born and raised in segregated rises above $3 a gallon and the annual come to the floor for a special purpose Washington, DC. The city was as seg- budget is in the red, his latest budget this evening, a purpose that I think regated as any southern city then, in- as submitted by over $407 billion, and every Member of this House would cluding its public schools, the very you know it is going to rise to over want to join in during Black History public school from which I graduated half a trillion dollars with the war Month. It is a rare bipartisan oppor- as well, Dunbar High School. He was costs. tunity to honor a man whom I think educated at Howard University and What a story. While the Nation goes Democrats and Republicans alike are then went to Howard Law School, and deeper into the red with higher gas equally proud of. He is a lifelong Re- hadn’t left the District of Columbia prices and bigger deficits, oil compa- publican, and yet, I, a lifelong Demo- until he went to serve in the Armed nies are making out like bandits. Com- crat, have come to ask Members to Forces of the United States. pare a $407 billion budget deficit for our sign on to H.R. 1000, a bill to honor the Then somehow he realized there were country with $40.6 billion in exorbitant first African American popularly elect- greener pastures than his own home- profits taken in by ExxonMobil in 2007. ed to serve in the Senate of the United town, and he went to Massachusetts to ExxonMobil posted the largest profit in States. You heard me. He was not a set up the practice of law and got the U.S. history, sucking those dollars Democrat, he was a Republican, and idea in his head that in a State with al- from our people.

VerDate Aug 31 2005 04:48 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.071 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H596 CONGRESSIONAL RECORD — HOUSE February 6, 2008 While we are considering a stimulus Madam Speaker, I include the fol- As oil prices increase, countries like Rus- package to jump-start our economy, lowing for the RECORD. sia and Venezuela have tightened the screws on foreign investors in recent years, limiting imagine how solving our tremendous [From the Blade, Feb. 2, 2008] energy crisis could help every single access to energy resources or demanding a SURGING PRICES PUMP UP OIL GIANT’S bigger share of the oil revenues. American. We are talking about send- RECORD $40.6B PROFIT At the same time, many of the traditional ing pennies to some Americans in this NEW YORK.—ExxonMobil reported yester- production regions, like the North Sea and so-called stimulus package, while these day that it beat its own record for the high- Alaska, are slowly drying up. giants are running off with billions and est annual profits ever recorded by any com- Western majors, which once dominated the billions and billions of dollars. Where pany with net income rising to $40.6 billion global energy business, now control only is the courage of this Congress to bal- in 2007 thanks to surging oil prices. about 6 percent of the world’s oil reserves. ance these accounts and to make sure The company’s sales last year, more than Last year, PetroChina overtook Exxon as the $404 billion, exceeded the gross domestic that those who need help in our coun- world’s largest publicly traded oil company. product of 120 countries. Excluding acquisitions, Exxon was the try actually get it? ExxonMobil made more than $1,287 of prof- only major international oil company with a If you add up the President’s budget it for every second of 2007. reserve replacement rate exceeding 100 per- request for the Army Corps of Engi- The company also had its most profitable cent between 2004 and 2006, meaning it found neers, the Small Business Administra- quarter ever. It said net income rose 14 per- more than one barrel for each barrel it pro- tion, the Department of Labor, the Na- cent, to $11.7 billion, or $2.13 a share, in the duced, according to a report by Moody’s In- tional Science Foundation, the Depart- last three months of the year. vestors Service, the rating agency. Like most oil companies, Exxon benefited In a related development, the OPEC cartel, ment of Commerce, and the entire En- from a near doubling of oil prices, as well as vironmental Protection Agency, it which met in Austria yesterday, left its pro- higher demand for gasoline last year. Crude duction levels unchanged, resisting pressure costs $2 billion less to run them all oil prices rose from a low of around $50 a bar- from developing nations to pump more oil than ExxonMobil made in 2007. Think rel in early 2007 to almost $100 by the end of into the global economy. about that. the year—the biggest jump in oil prices in The Organization of Petroleum Exporting Let’s think about what it means for any one year. Countries is set to meet again next month. our Nation’s priorities. It is more im- ‘‘Exxon sets the gold standard for the in- The cartel signaled it would be ready to cut portant for ExxonMobil to make bil- dustry,’’ said Fadel Gheit, an oil analyst at production to make up for a seasonal slow- lions than it is for us to conduct sci- Oppenheimer & Co. in New York. down in demand in the second quarter. Oil companies all have reported strong OPEC’s actions mean the cartel is deter- entific research or to clean up the envi- profits in recent days. ronment or to extend unemployment mined to keep prices from falling below $80 a Chevron, the second-largest American oil barrel, according to energy experts. benefits or to help businesses in this company, said yesterday that its profits rose The U.S. response to OPEC’s decision was economy, small businesses try to sur- 9 percent last year, to $18.7 billion. measured. vive, to fix up our levees and our The backlash against the oil industry, ‘‘I think everyone is fully aware that hav- bridges and our roads? which periodically has intensified as gaso- ing a reliable and steady and predictable sup- Think about the millions of Ameri- line prices have risen in recent years, was ply of oil is a benefit to the global econ- swift. omy,’’ White House spokesman Tony Fratto cans we could help who are facing a One advocacy group, the Foundation for said. ‘‘We hope that they understand that meltdown in the housing market and Taxpayer and Consumer Rights, called the their decisions on oil production have a real losing their most important form of profits ‘‘unjustifiable.’’ impact on the economy.’’ savings. Think about the nearly 200,000 Some politicians said Congress should re- homeless veterans living on the streets scind the tax breaks awarded two years ago f to encourage oil companies to increase their of our country. What an embarrass- REPORT ON RESOLUTION WAIVING ment. Think about the 33.5 million investments in the United States and raise domestic production. REQUIREMENT OF CLAUSE 6(a) Americans that are food insecure and ‘‘Congratulations to ExxonMobil and Chev- OF RULE XIII WITH RESPECT TO regularly go to bed hungry as our food ron—for reminding Americans why they CONSIDERATION OF CERTAIN pantries run dry. cringe every time they pull into a gas sta- RESOLUTIONS It is often said that a budget is the tion,’’ Sen. Charles Schumer said (D., N.Y.). real show of a nation’s values. When Exxon defended itself against claims that Ms. SUTTON, from the Committee on President Bush complains about how it was responsible for the rise in oil prices. Rules, submitted a privileged report America is addicted to oil in his State Anticipating a backlash, Exxon has been (Rept. No. 110–552) on the resolution (H. of the Union but then fails to move our running advertisements that highlight the Res. 955) waiving a requirement of size of the investments it makes to find and clause 6(a) of rule XIII with respect to Nation to energy independence, we sure develop energy resources—more than $80 bil- know where his values fall. When our consideration of certain resolutions re- lion between 2002 and 2006, with an additional ported from the Committee on Rules, society allows our oil barons to make $20 billion planned for 2008. The company off with billions, skimmed away from says that in the next two decades, energy de- which was referred to the House Cal- the American people, we know where mand is expected to grow by 40 percent. endar and ordered to be printed. those loyalties lie. ‘‘Our earnings reflect the size of our busi- f With oil prices continuing to rise, the ness,’’ said Kenneth Cohen, Exxon’s vice REPORT ON RESOLUTION PRO- high price of gasoline continues to fuel president for public affairs. ‘‘We hope people VIDING FOR CONSIDERATION OF our trade deficits. With oil prices as will focus on the reality of the challenge we are facing.’’ H.R. 4137, COLLEGE OPPOR- high as $98 a barrel last year, the Given the darkening prospects for the TUNITY AND AFFORDABILITY monthly trade deficit from oil rose to a American economy, some analysts said oil ACT OF 2007 level rarely seen, $24 billion just in No- company profits soon might reach a peak. vember of 2007. Oil prices could fall this year if an economic Ms. SUTTON, from the Committee on We all know that this FY 2009 pro- slowdown reduces energy consumption in the Rules, submitted a privileged report posed Bush budget is an empty shell United States, the world’s biggest oil con- (Rept. No. 110–523) on the resolution (H. from a lame duck President, but some- sumer. Res. 956) providing for consideration of how we had expected more. Congress Such concerns have pushed oil futures the bill (H.R. 4137) to amend and extend prices down about 10 percent since the begin- the Higher Education Act of 1965, and should reject the President’s proposed ning of the year. Oil fell 3 percent, to $88.96 budget and rewrite it in a way that a barrel, yesterday on the New York Mer- for other purposes, which was referred protects the American consumer, in- cantile Exchange. to the House Calendar and ordered to vests in energy independence, and pro- Exxon shares fell a half-percent, to $85.95. be printed. vides a real stimulus for the American Some analysts said high oil prices, and the f economy at a time when the American record profits they create, were masking people are crying for it. growing difficulties at many of the major PAYING THE PRICE FOR THE Millions and millions of Americans Western oil giants. PRESIDENT’S FLAWED PRIORITIES Faced with resurgent national oil compa- are losing their homes, their most im- nies—like PetroChina, Petrobras in Brazil, The SPEAKER pro tempore. Under a portant form of savings. When is this or Gazprom in Russia—the Western compa- previous order of the House, the gen- Congress and when is this President nies are having a hard time increasing pro- tleman from New York (Mr. BISHOP) is going to wake up? duction and renewing reserves. recognized for 5 minutes.

VerDate Aug 31 2005 04:48 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.077 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H597 Mr. BISHOP of New York. Madam vide for the ongoing health care needs We just had Super Tuesday, and by a Speaker, at least President Bush is and monitoring of those very brave strange turn of events the nominations consistent. Like the other seven budg- first responders and rescue workers. are not settled and my home State of ets that he has submitted to this Con- The President’s budget cuts that num- Texas now next month will, in fact, gress, it is no surprise that his eighth ber to $25 million. play a big role in helping select the and final request continues to reflect My question for the President is: nominees of the two parties. During spectacularly flawed priorities. There Have all of these people all of a sudden this coming month, I expect we will was some debate earlier this week become well? Have they been miracu- hear a great deal about the plans and about whether the budget should be lously cured? Or, more likely, has the visions and the aspirations of the dif- printed and distributed to congres- President simply decided that pro- ferent candidates for health care. sional offices. Perhaps the best deci- viding health care for these very brave But let’s not forget, when we talk sion would have been to spare us the Americans is simply not a Federal re- about health care, that it is on the books and save the trees. sponsibility? In either case, I certainly floor of this House where about 50 For the eighth year in a row, the ad- hope that this Congress will do the cents out of every health care dollar ministration has degraded the budget right thing and restore that funding. that is spent in the United States of process. This budget barely goes The second has to do with education, America today, it is on the floor of this through the motions. Instead of formu- particularly access to higher edu- House where that spending originates. lating a blueprint to guide this Nation cation. In his State of the Union mes- I can’t help but observe the last speak- toward what should be our fiscal prior- sage, the President chided the Congress er who was addressing the House on the ities, the budget continues the flawed for not having fully funded his Amer- subject of the budget was critical of policies of the past 7 years. ican Competitiveness Initiative. Yet the President’s budget, which is his Without putting forth an honest or prerogative and his right, but I would straightforward budget, the President we are now presented with a budget that eliminates two programs for stu- remind the previous speaker that it is has yet to attempt seriously to meet his party that is in charge, as it was our goals, goals that we should all dent financial aid that are absolutely crucial for needed students to attend last year, and while it is the Presi- share of budgetary accountability, en- dent’s obligation to present a budget to forcement, and fiscal responsibility. college. One is called Supplemental the Congress every year, it is then the This is why so many of our colleagues, Educational Opportunity Grants, ap- Congress’ obligation to work on that Madam Speaker, have already accu- proximately $750 million a year, and budget and pass a budget, which will be rately described the President’s budget the other is Perkins loans, approxi- voted on later in the year, that either request has a pro forma document with mately $670 million a year. For those accepts or rejects those proposals put little meaning or relevance, that has two programs, the President advocates forth by the President. also been described as arriving on Cap- taking approximately $1.4 billion out of the student loan program, and does so Indeed, last year, that is exactly itol Hill ‘‘dead on arrival,’’ and that is what happened. So the budget that perhaps a very, very good thing. Per- while costs are rising and the ability of went forward last year was not the haps the lack of truth in budgeting rep- students to pay is declining. President’s budget, I would point out resents the best example of why How can we have a competitive work- to the gentleman from New York, but ‘‘change’’ has become the overriding force, how can we have a competitive the budget last year was the budget theme of this coming election. Nation, if we don’t even provide our This Congress should refuse to be young men and women with access to passed by the majority on the House of misled again by a budget that hides the college? Representatives floor last year, and the true costs of the devastating fiscal Future generations of Americans will same thing will be true this year. They policies of this administration. For ex- pay the price for the President’s flawed are in charge. It is their right and pre- ample, omitting total war costs gives priorities and more debt as a con- rogative under the rules of the House an artificially deflated notion of what sequence of his actions. In fact, the that they will have absolute authority the deficit will be, and we now have the debt that will be accrued over the 8 to create the budget and, as a con- Secretary of Defense estimating that years of the Bush Presidency will sequence, those things that are felt to the true cost of the war in fiscal 2009 amount to some $3.5 trillion. That is an be important are going to be those will be $170 billion, as opposed to the amount that exceeds the combined things that are championed by their $70 billion that is put in the budget as debt of all of the Presidents from side. Those things that are felt to be a placeholder. That number alone will George Washington through the first less important will be those things drive the deficit up to over half a tril- President Bush. that are left of the budget. That re- lion dollars. The President’s budget Madam Speaker, I encourage my col- sponsibility lies in the House of Rep- also omits the cost of extending the leagues, I implore my colleagues, to re- resentatives. Under the rules of the tax cuts, the 2001 and 2003 tax cuts, solve one last time to defeat this budg- House, that responsibility lies with the which disproportionately favor those et request from the President and to majority party. Currently, the major- who need those tax cuts the least. restore middle-class, mainstream pri- ity party is the party of the gentleman Let me just cite two very troubling orities, the very priorities that our new who just spoke. aspects of a budget that is shot majority has been working on now for So while I appreciate his passion, I through with scores of troubling as- the last year. appreciate his fervor in talking about pects. The first is one that is of par- the President’s budget, I think he f ticular importance to my home State would be better served to actually of New York. We have been fighting, b 1945 spend some time talking to his leader- ship about the priorities as they come those of us in New York, and this fight HEALTH CARE has been led primarily by CAROLYN forward over this next year, because MALONEY and also VITO FOSSELLA and The SPEAKER pro tempore. Under there are some significant problems JERRY NADLER, to see to it that the the Speaker’s announced policy of Jan- that faced this House last year that brave Americans who responded to the uary 18, 2007, the gentleman from were simply kicked down the road at site of the World Trade Center, first to Texas (Mr. BURGESS) is recognized for the end of the year. try to rescue people, then to recover 60 minutes as the designee of the mi- In fact, we saw a repeat of that last bodies and then to clean up what came nority leader. week. We were obliged to reauthorize to be known as ‘‘the pile,’’ some 70 per- Mr. BURGESS. Madam Speaker, I the Foreign Intelligence Surveillance cent of them are suffering from various come to the floor tonight to talk about Act so that we have the tools nec- health ailments relating to the toxins health care, which we sometimes do in essary, our intelligence community has that they were exposed to in the days this hour. It’s an important subject, the tools necessary to prevent terrorist immediately following those attacks and we are going to hear a lot about attacks on our homeland security and on the Twin Towers. this over the coming year. We have got to help protect our soldiers who are In the current year, the Congress a Presidential election that is now in serving in Iraq and Afghanistan. We committed to spend $150 million to pro- full throttle across the country. couldn’t do it, so we kicked the can

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.078 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H598 CONGRESSIONAL RECORD — HOUSE February 6, 2008 down the road a couple of weeks right and say, Doctor, this is what you’re past. The red flags will be up. The at the end of the year, December. supposed to be doing. I went to the warnings will be there. They will come We were supposed to do something Internet and read about this. immediately to someone’s attention about Medicare because physicians Now in the 21st century a patient will because of the type of database man- across the country were facing a 10.1 be coming to their physician and pro- agement that will be available. Truly, percent reduction in their reimburse- viding genomic information and say- we will have a system that is totally ment, a 10.1 percent pay cut if Congress ing, Doctor, here’s what I’m at risk for interactive. The resultant effect on didn’t act. Well, we did act. We pre- developing. How are you going to help public health will be profound, because vented that, but we prevented it for 6 me keep that from occurring? You it’s not just the side effects and the un- months. Six months. What an insult. know, Dr. Elias Zerhouni, the head of toward effects that we are talking What an insult to the physicians of the National Institutes of Health, talks about, what if there was an unexpected this country who are taking care of our about a world where medicine becomes beneficial effect where, perhaps, more Medicare patients, the patients we a great deal more personalized. It’s no people ought to be offered the benefits have asked them to care for. We longer one size fits all, it’s no longer of this therapy or this medication. couldn’t even do our work to give them just one antidepressant is out there for Certainly, the story that we have the certainty of what they would be re- everyone. It’s a much more personal- learned with the type of medicine, the imbursed for the next year? No, it’s 6 ized endeavor. class of medicine called statins that months is all you get, Doc, and then Because of the ability to know this lower cholesterol, that story has we’re going to come back and visit it information about the human genome, evolved significantly over the last sev- again. And, oh, by the way, we’ll be in it’s going to be a great deal more pre- eral years. In the early 1990s, a LDL the middle of that Presidential cam- dictive. As a consequence, because of cholesterol of less than 130, you’re in paign by then, so don’t expect us to de- that predictive value, preventive medi- good shape. Then a couple of years vote much more attention to it in June cine is going to take on new meaning, later, it was less than 100, and now it’s than we were able to muster in Decem- a meaning that, again, I would have well under 100. The numbers to shoot ber. never thought possible early in my for have gone down because the experi- But I digress. My purpose in being training. ence with that medicine, the informa- here tonight is to speak a little bit Finally, medicine is, of necessity, tion and data that has been gathered about what is going on in the practice going to become more participatory. A has pointed the way for physicians to of medicine, and, in spite of the fact patient will no longer be just a passive understand that a subsequent lowering that I may sound a little bit despond- passenger along for the ride on their of that value will, indeed, protect a ent, I will tell you that I am so opti- medical journey. No, they will have to person’s health in ways that they mistic about the world ahead, what the be an active participant in managing wouldn’t have imagined when those future holds for the young people today their health care from times of health medicines were first released. who are contemplating a career in and times of disease. Medicine is in a transformational health care. Medicine is right on the verge of a time. Congress is going to have a lot to When I was a young medical student truly transformational time. You add do with how medicine is practiced and in the mid 1970s in Houston, Texas, I what we know, what we are beginning paid for and regulated, not just in the could never have imagined that the day to understand and learn about the next couple of years, but in the next 20 would come in my lifetime when a per- human genome and look how fast infor- years, 30 years, 40 years, 50 years. The son could, of their own volition, go to mation comes at us nowadays. It is, decisions that we make on the floor of the Internet and, with a couple of again, just hard to think that back in this House today are going to extend mouse clicks, find a place that would the mid-1970s when I was in medical far into the future, probably far beyond analyze their DNA and for less than school, Internet, never heard of an e- the lifetimes of many of us who serve $1,000 provide them vital insights into mail, what’s that? And now these are in this House today. their genomic makeup so that they things that we take for granted. To our But Congress really is not in the might be forewarned about some dis- children, these modalities are simply business of being transformational. eases, so that they might be fore- second nature. They cannot imagine Congress is transactional. We heard warned about some conditions and use existing for even a day in a world that just a few moments ago with the those tools to help manage their health where a cell phone and e-mail are not discussions on the budget. What does well into the future. readily at their fingertips. Congress do? We take money from this Now, we hardly know what the re- The speed at which information group and we give it to this group, and sults of this type of investigation are comes to us is truly phenomenal and, it defines who we are morally if we lis- going to be. It has only been in the last as a consequence, in professions such ten to the rhetoric of the last speaker. couple of months, in fact, I think it as the health care professions, a dra- But that’s what Congress does. We was Thanksgiving that I read the New matic effect is going to be felt because transact, we take money from this York Times article that talked about of the ability to sort through large group, and we give it to this group. If one of these labs that would provide amounts of information over a short you will watch the discussion that this service. But who would have period of time and to extract data from unfolds on the budget over the next thought when I was in medical school those large amounts of information. several weeks, that will become intu- in the mid-1970s that this day would On the floor of this House, in Sep- itively obvious to the most casual of have dawned where that information is tember of this year, we reauthorized observers. available not just to the physician, it’s legislation pertaining to the Food and However, in a body that is so focused available to the patient, to anyone who Drug Administration. It was truly on the transactional, is it possible to wishes to go on the Internet and seek landmark legislation. I don’t know if keep an eye on the transformational out that information, seek out that lab my friends on either side of the aisle and be certain that we don’t derail the and have that type of analysis done. really recognized how significant that transformation that is likely to be oc- Think back on 20 or 30 years ago, a legislation was, because, for the first curring in medicine today? That’s one patient went to the doctor, the doctor time, for the first time the Food and of the tasks, that’s one of the chal- gave a diagnosis, recommended a treat- Drug Administration is provided with lenges, that’s one of the obligations ment plan to the patient, who pretty the tools for collecting that type of in- that we have serving in this body. much had to accept what was given or formation and proactively researching Now, I would submit if Congress go get a second opinion. Then, of that database. wants to participate in the trans- course, in the late 1990s, and I know The day may well dawn when a prob- formation, if they want to participate this very well because I was practicing lem like Vioxx is discovered early, in improving health care, they are, in actively at that time, render a diag- early in its release into general use and fact, capable of doing so. In fact, Con- nosis, write out a treatment plan, the the types of difficulties that were en- gress could be a partner in the trans- patient would go to the Internet and countered with that medication several formation if we can step back from the check it out and then they come back years ago will, in fact, be a thing of the transactional long enough to focus on

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.079 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H599 the transformational. This is not just payments that we see year after year. working in an average practice in a theoretical. You have seen me put up the posters city like mine sees a Medicare patient, I had an opportunity to speak to Dr. that detail how hospitals, drug compa- return visit, moderate complexity. As- Michael DeBakey, pioneer in heart sur- nies, HMOs are paid on a cost-of-living sume they are paid $50 for that visit. gery, a gentleman of great renown. We adjusted basis year over year, but phy- That is actually pretty generous if you honored him on the floor of this House sician reimbursement is paid on a look at most of the Medicare fee sched- with a Congressional Gold Medal ear- crazy formula that reduces and ratch- ule reimbursement rates. But because lier this year. I had an opportunity to ets down reimbursements year over it makes the math easy, let’s say $50. sit down with Dr. DeBakey. He talked year. That just simply won’t work. So if that doctor participates in an e- about some of the changes that he has When I talk about Congress being a prescribing regimen, what does that seen in his lifetime. He related how transactional body and that trans- mean? It means they get an extra 1 when he was a young man and grad- actional activity being the enemy of percent. That is 50 cents for those of uated from medical school and then did the transformational, that is precisely you slow at math. So that visit is going his residency at Tulane Charity Hos- the type of transactional activity to to take about 15 minutes if you do it pital in New Orleans, he wanted to go which I am referring. correctly. Again, remember it is a mod- into research. But he knew that in Think of it. We always talked about erately complex Medicare patient, a order to have the credentials to go into the laws of supply and demand. What senior citizen. So you get an extra 50 research he would have to go to Europe are we doing to the supply side of that cents if you, instead of writing that in order to obtain those credentials. equation if we are actually telling our prescription by hand, you put it into a This was back in the 1930s. Well, now- doctors we don’t value what you do, laptop or BlackBerry and send it off to adays, someone who graduates from and we don’t care about the fact that the pharmacist electronically. medical school and finishes their train- you take care of our sickest patients, You can see four of those patients in ing and wants to devote a lifetime to our Medicare patients? That is just not an hour. If you are really pushing your- research gets those credentials in the important to us in Congress, and then self and you have everything firing on United States of America. In fact, we underline that by postponing deal- all eight cylinders in the office and the other physicians travel to this country, ing with it for 6 months. Again, an as- front desk and nurses are moving to our hospitals, to our Texas Medical saulting concept to the doctor who is along, you can see four patients in an Center in Houston, to our South- toiling day after day to take care of hour. So four $50 visits. So that is $200 western Medical Center in Dallas, to the patients that we have asked them reimbursed for that hour’s work. That our M.D. Anderson Hospital in Hous- to take care of for us. is not the doctor’s pay. Don’t mis- ton. They travel to our country to get Another aspect of that activity, as understand me. He has to pay all of the those credentials because that’s where the year wound down last year, was the overhead as well. Nevertheless, during the best science is being done. attempt to attach a rather inflexible that hour, that physician will generate Dr. DeBakey reflected what caused program of e-prescribing to whatever $200 in revenue. For that, if they do e- the change between the time he grad- fix we managed to achieve for the prescribing, we will reward them and uated in the mid-1930s and what we see Medicare payment. Now, e-prescribing give them an additional $2 for that now at the end of the 20th century and is not inherently a bad concept. hour’s work. the beginning of the 21st century. He Madam Speaker, you think about it, That is not a great incentive, but maintained the cause of that change I am left-handed so my handwriting let’s think about it also from the fact was the focus and attention, and, yes, has never been good. And then I went that it is not just one prescription that the funding that Congress provided to to medical school and had to take doctor writes for that Medicare pa- medical research right after the Sec- notes fast, and my handwriting got tient, no. The average Medicare patient ond World War. Indeed, the funding and worse. And then I got old, and my has three or four prescriptions. So the vision of the entire National Insti- handwriting got even worse. And so it when you figure it on a per prescrip- tutes of Health was a product of that is very difficult to read those hand- tion basis, the actual benefit to the type of visionary thinking. written prescriptions that we scribble physician is somewhat less than 10 So as Dr. DeBakey presented that out quickly at the end of a patient cents for every prescription that is thought to me, it was with the under- visit. What a benefit it would be to the handled electronically. And it is a lit- scored emphasis that Congress can do patient, to the pharmacist, and to the tle bit more involved to do that. A doc- this because Congress has done this be- physician to have a method whereby tor who is used to writing out a pre- fore. So if we stay focused on helping that prescription was shot to the phar- scription quickly can do so quickly. and protecting and promoting that macist via e-mail at the time of the pa- Typing it into a laptop or BlackBerry transformation in medicine, then it is tient encounter. It would save waiting is going to take longer, maybe a possible for Congress to be, again, a time, no problems with legibility, and minute or two minutes. But if you are participant in that transformation and there could be computer algorithms seeing 30 patients a day, 2 minutes per not an enemy of that transformation. that were developed that would prevent patient, that adds up to an extra hour, Now, I am fortunate, because I did a patient receiving a medicine to which and that extra hour is an hour away spend a number of years practicing they were allergic or which would from hospital activities, seeing other medicine, working one time in a multi- counteract or interfere with another patients, an hour away from family. It specialty practice, part of my time in a medicine they were taking. So a good comes from somewhere, because we all solo practice, part of my time in a sin- concept. And then like so many things, know that the hours in the day is a gle specialty practice, having practiced Congress deals with it in a way that zero sum game. If you take an extra medicine in several different modali- makes it untenable. hour, it comes from somewhere else. ties during my lifetime, it gives me the The e-prescribing bill introduced by a So we are going to compensate for ability to see things from the pro- Senator on the other side of the Cap- that. We are going to pay a little less vider’s side and now to see things from itol, said, Doctor, if you do this, we than 10 cents per prescription as it is the policy side. will provide you a carrot and a stick. written. The carrot is a 1 percent increase in What if you don’t do it? You say it b 2000 your reimbursement for taking care of isn’t worth it. You cut my reimburse- It is so important that we spend the that patient and providing an elec- ment every year in Medicare, I have to effort understanding those things that tronically written prescription at the take on this big expense, I have to will work and understanding those end of that patient visit. Just 1 per- learn a new technology, pay the ex- things that will not work. cent. pense of the software maintenance, I I alluded earlier when I first started Now I am going to make some num- am not going to participate. speaking about the problems that we bers up because it makes the math Well, the bill that was introduced face because we couldn’t do our work work. In fact, the numbers are prob- last December, after 4 years’ time, in December and we postponed any real ably much lower than what I am going would have applied the stick to encour- reform on the reductions in physicians’ to make up. But assume a physician age, again, our physician community

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.080 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H600 CONGRESSIONAL RECORD — HOUSE February 6, 2008 to utilize this technology. And the ability to go out and purchase an af- torcycle riders saying that you can’t stick was a 10 percent penalty. fordable policy. And if they can’t afford make me wear a helmet in a free soci- Wait a minute, a 1 percent up tick it, they have the ability to access a ety, and Congress eventually backed and a 10 percent penalty. That is im- funding mechanism that will provide down. And so that was kind of an un- balanced. Let’s go back to our hypo- the type of premium support, the type pleasant experience with mandates. thetical return visit, moderately com- of premium assistance to get them that Most States do have an individual plex Medicare patient, a $50 reimburse- coverage. And that debate will occur mandate for automobile insurance, and ment, 10 percent penalty, that is a $5 over this next year. they get good compliance with that. penalty for that visit. And if you are Universal coverage, universal access. But it is interesting, one of the States seeing four patients an hour, that is a On the whole issue of mandates, and with the best compliance has no indi- $20 penalty for that hour’s work. You this is an important concept for people vidual mandate. So mandates don’t al- see the balance. If you do it, we will to understand, is it better to say this is ways equal better compliance, and no- pay you $2 because we think it is worth law, this is something you have to where is that more evident than our that. If you don’t do it, it will cost you have, or is it better to create the types current tax structure. $20. of programs that people will actually b 2015 And we wonder why our senior citi- want to have? Let’s think about that zens call up to get an appointment for just a minute. The Internal Revenue Service, which with a physician when they get covered What does the term ‘‘individual man- collects our taxes, there’s a mandate, on Medicare and no one wants to see dates’’ mean? It means a law is passed an individual mandate on every person them? This is the way we behave. We by a legislative body, in this case the who earns above a certain income level cut their pay. We can’t agree amongst Federal Government, although it has that you will pay taxes. You will pay a ourselves to do something rational to been tried at the State level. An indi- percentage of that in taxes and, in fact, protect physician reimbursement rates vidual mandate means that everyone everyone knows, it’s no secret that if at the end of the year. And by the way, has to go out and buy insurance. In my you don’t pay that tax the punishment we want to add this thing on top, this home State of Texas, we have that is going to be sure, it’s going to be secondary insult on top of the others. with our automobile policies now. Ev- swift, and it’s going to be extremely I urge Congress to not focus on the eryone has to buy an automobile pol- unpleasant. transactional; focus on the trans- icy. With an individual mandate, that We’ve got 15 percent of the country formational. What do you need? If you is how we would achieve universal cov- right now that lacks health insurance. are going to move from a system we erage. You have to buy insurance, and Can we get improvement on that num- have today, which is based on a written if you don’t, there is a penalty to be ber by putting an individual mandate prescription, to a true electronic pre- paid of some sort. on? scription environment, who do you In the State of Massachusetts, in Look at the case with the Internal need on your side on that? I am telling really what I consider a very bold at- Revenue Service. A severe mandate, se- you, if you don’t have the doctor on tempt to provide coverage for every- vere penalties for noncompliance, and your side, it is not going to happen. one, an individual mandate was insti- what is our compliance rate with the Yes, you can frighten and cajole and tuted. It hasn’t worked out exactly as Federal income tax? It’s about 85 per- preach all you want, but it is impor- planned, and some of the difficulties cent. In other words, 15 percent don’t tant for Congress to remember that encountered in Massachusetts were comply. So this requires a good deal this transformation will take place cited in California as a reason why that more study and a good deal more at- faster, with much more expediency, if State’s plan for universal coverage was tention than just simply making that we will take the time and trouble to in- recently defeated in the California leap of faith and saying everyone needs struct, educate, provide for, provide State Senate. Many people looked at insurance, therefore, there will be an the proper support and proper com- the option, or the requirement, I individual mandate that everyone will pensation for our physician community should say, of buying insurance and have insurance. if they undertake it, embracing this said, I don’t know. And then remember Again, there were some problems type of technology. the law of supply and demand. We in- with the cost structure when that was One of the things we are going to crease the demand because we mandate tried in Massachusetts to the point hear a lot of as we go through this it, you have to do it. What happens? that the people in California, the State Presidential election year, terms like The price goes up, and as a con- Senators in California, when they ‘‘universal coverage,’’ ‘‘universal ac- sequence some people looked at that looked at that, said, maybe that’s not cess,’’ and they don’t mean the same and said, I really can’t afford that. I the best idea for us. thing, so it is important to spend a few will pay the fine rather than buying Well, once we determine what the minutes differentiating between the the insurance. Truly a perverse incen- overall goal is, then perhaps our path two. We will hear talk about mandates tive. will be a little bit easier. Certainly we and whether they are a good thing or a So some of the support for the con- want to democratize our health care in bad thing. We will hear ‘‘individual cept being talked about in California a way that preserves choice, makes mandates,’’ ‘‘State mandates,’’ ‘‘em- found itself lacking when faced with certain that patient focus is the cen- ployer mandates,’’ and it is important that equation in another part of the tral theme, and we want to continue to to spend a few minutes discussing the country. How can you consider putting promote innovation, because, remem- differences between those terms as an individual mandate on when it ber, America is the country that is well. drives costs up and people find them- known for medical and scientific inno- Let’s deal with the concept of uni- selves in a position that they would vation. versality of medical care. That is one rather pay the fine for not having the Well, what about the concept of cre- that many people in this body and insurance than they would to purchase ating products that people actually many people on the Presidential trail the insurance itself? want? Do we have a model? Do we have today say they want to see. When we talk of mandates, and there a template that we can look at to per- Now, universal coverage, universal have been several studies done on this, haps discuss that a little further? access. Universal access, everyone has think back to the 1960s. The United And, in fact, we do. We passed a bill insurance whether they want to do it States Congress put a mandate out on the floor of this House, late in the or not. It is a little tough to do that in there that every motorcycle rider in night of November 22, 2003, called the a free society, but yes, we can write the country would have to wear a hel- Medicare Modernization Act which pro- laws that can make that happen. See met. They reversed that mandate and vided for a prescription drug benefit for the discussion on mandates in a few put that obligation, correctly, in the citizens on Medicare who had not had minutes. But universal coverage is one court of the States to make that deci- one previously. It was called Medicare of the options available to us. sion. And the reason Congress reversed part D. Universal access would say that ev- that decision was the hue and cry and What’s been the experience with eryone has access, everyone has the outcry from across the land from mo- Medicare part D? And I will stipulate

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.081 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H601 that there were people on both sides of gram was working, and in fact, it was the high water, damaged by the chemi- the aisle in this House, there were peo- working. cals that circulated in that water, the ple on the right who were critical of And, you know, Madam Speaker, and black mold that was going on these the Medicare part D program, and this is only partly in jest, but if we paper records made it abundantly clear there was certainly no shortage of crit- wanted to create a program where the that these were records that could ics on the left who were critical of the head of a Cabinet agency, an agency never provide useful information to a Medicare part D program. secretary was to negotiate, maybe we physician or a patient again. And how But as that program was instituted ought to look to the Department of much more powerful would it have and has now been up and running for Education and ask the Secretary of been to have that information avail- over 2 years, what lessons have we Education to negotiate prices with col- able electronically, available to be learned from Medicare part D? Well, lege deans for the cost of higher edu- transmitted from New Orleans to Dal- we’ve learned that more than 90 per- cation. That might be a better trajec- las or Houston or wherever the person cent of the persons who were eligible tory. I’m waiting to see that legisla- had had to travel to after that terrible for that coverage have, in fact, en- tion come forward from the majority. storm and in the ensuing aftermath. It rolled. But, nevertheless, part D was left un- changed my thinking on electronic Wait a minute. With the IRS, with touched last January. I’m grateful that health records and electronic medical severe and certain and sure penalties, it was, and I think again the numbers records. we only get 85 percent compliance. speak for themselves. This is a tem- But I will also tell you, I’m con- With Medicare part D, by creating pro- plate. This is a model, this is a pro- cerned about the Federal Government’s grams that had value to patients we’ve gram that we perhaps should seek to ability to create the structure that got 90 percent compliance, and 80 per- duplicate because it created a condi- people feel is necessary for that day to cent are happy with the program. If we tion of value, that consumers, that pa- dawn where electronic health records go back to our friends at the IRS and tients, that individuals wanted, and are, indeed, the standard. And I say say, what’s the percentage of people the compliance rates are high. The sat- that because when I came here 5 years that are happy with the way our tax isfaction rates are high. And, most im- ago, the discussion was, the Federal system is administered, I don’t think portantly, seniors now are getting the Government is going to create those the number is 80 percent. medicines they need to keep them out platforms. It is going to create the Consider that when we passed that of the hospitals and out of the doctors software. It is going to create the type bill on the floor of this House in the offices, and the overall cost for deliv- of information technology that private early morning hours of November 22, or ering Medicare, while it is still ex- industry will then follow the leadership actually I guess it started on the night tremely high and still likely of the Federal Government. And, of November 22. It was in the early unsustainable over time, it has at least Madam Speaker, it’s 5 years later and morning of November 23 that the bill moderated or ameliorated over the last we still don’t have it. actually passed. Consider at that time couple of years. In fact, the trustees’ I did have the opportunity to speak we were told by the best actuaries at report from June of last year that to a CEO of one of the larger insurance the Office of Management and Budget came out said the bad news is Medicare companies in this country a few and the Center for Medicare and Med- is still going to be broke. The good months ago. In fact, he talked at a icaid Services that it was going to cost news is it’s going to go broke a year symposium that was put on by Health about $37 a month for that coverage. later than what we told you before. So Affairs downtown the first of Novem- What has the experience been? The av- seeing the beginnings of that cost sav- ber. He talked about within his com- erage plan costs less than $24 a month ings and how that can change the prac- pany he has 45,000 employees, and fully now, over 2 years into the program. tice of medicine and the delivery of 15 percent were employed in the devel- So this is a Federal program that re- health care in this country, that’s a opment of software. Fifteen percent lies on some competitive forces and re- powerful anecdote for people to con- were employed in the development of lies on some participation of the pri- sider. that information technology architec- vate sector, and, in fact, has reined in One of the things that we talked ture that we all talk about here on the some of the increase in spending that about is the speed at which informa- floor of this House. In fact, he said if was feared to accompany this program tion will come to us in the future. And his software development portion was a by restoring the savings and incentives there’s no question that it’s increasing stand-alone company, it would be one and leveraging competition and getting every day. Most of us wear a Black- of the largest software development the buy-in from the patients them- berry on our belt that has more com- companies in the United States of selves. What would be the more favor- puting power than the big computers America. And yet it is a single branch able trajectory? Force people into a on Apollo 13. It’s astounding what’s of a single private insurance company. program, difficult to do in a free soci- happened with computer power over And more to the point, they had devel- ety, and your compliance rate may not the last two or three decades. And we oped algorithms, mostly from financial be exactly what you want it. Or would hear a lot about the improvements of data, but they had tens of thousands of it be better to create a program of health information technology, the im- conditions, medical conditions that value that also relied a little bit on provements in the platforms and what they had studied, again using purely fi- some competitive forces to keep that that improvement can mean to patient nancially data, and they had found cost down. care, what it can mean to the practice some things that actually seemed Now, one of the great debates that of medicine, what it can mean to bring- clinically very relevant and certainly was had on the floor of this House a ing down the cost of medicine. And, in- important for a company that might be year ago when the current majority deed, these are powerful influences. interested in holding down the costs of party took over was the whole concept Madam Speaker, I will tell you I administering health care. They found of reforming the part D benefit. And we haven’t always been a big proponent of that if they paid for A and B, C was don’t hear much about that anymore. things like electronic health records. very likely to follow, and guess what? They weren’t successful. One of the big But as my experience on the ground in They were very likely to have to pay proponents, or one of the big themes Louisiana in 2005 and early 2006 taught, for D, and D cost a lot of money. The that was proposed was to cause or ask getting to visit the medical records example given to me was of treating an or demand that the Secretary of Health room at Charity Hospital shortly after individual with a heart attack. If that and Human Services negotiate drug it had been dewatered, I didn’t know individual with a heart attack, if they prices with drug companies. I will just that dewatered was a verb, but, never- did not anticipate an episode of depres- tell you from a lifetime in health care theless, that’s what the Corps of Engi- sion following that individual’s illness, that HHS or CMS, they don’t negotiate neers told us they did, and indeed, it would very likely interfere with prices, they set prices. That’s what these flooded basements were now their rehabilitative efforts after they they do. And many of us on my side of available for people to go into, the got out of the hospital, and so their the aisle felt that that would be scene in the medical records room, the likelihood of a long term return to counterintuitive to the way this pro- medical records that were damaged by health and productivity was curtailed.

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.083 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H602 CONGRESSIONAL RECORD — HOUSE February 6, 2008 And again, they found this by ana- of the Federal Reserve Bank, Alan It sets a floor of a level of trans- lyzing financial data, that if they put Greenspan came and talked to a group parency that should be available in someone in the hospital for a heart at- of us one morning and the inevitable every State. Many States have already tack, successfully treated them, dis- question about Medicare came up: How undertaken this work. My home State charged them, but did not anticipate are we going to pay for it in the future? of Texas has, and, in fact, patients can depression, they were very likely at What is it going to cost? And the go to the Internet to a Web site. It’s some point to pay for a hospitalization Chairman was concerned as well, but texaspricepoint.org, abbreviation for depression, pay for treatment of an- he did say, When the time comes, I txpricepoint.org, and they can get in- other heart attack because they didn’t think Congress will make the hard de- formation about the hospitals in their comply with the regimen after they got cisions that Congress is required to county. Most of it is pricing informa- out of the hospital. Very powerful in- make so that the program will con- tion. Other information, other useful formation. And as someone who spent tinue. He stopped, and then he went on clinical information such as length of 25 years in clinical medicine, I will tell to say, What concerns me more is will stay is also available. you, that’s just exactly the type of in- there be anyone there to deliver the At some point I expect there will also formation that would be extremely val- care when you need it? be the transparency about things like uable to the clinician. And we’ve already talked about some complication rates and infection rates, Well, what’s the problem? The Fed- of the problems that are inherent in but it’s still a work in progress. Other eral Government said 5 years ago that the formula by which Medicare reim- States have done similar activities. it was going to develop the platforms burses physicians. The State of Florida with its that private industry would then take And one of the things I don’t think I RxCompare. People can compare prices up and follow, and we haven’t done it. can stress enough on the floor of this for different prescriptions, which has And yet here’s an individual from the House, because I don’t think Members been useful for the people of Florida. private sector excitedly telling me understand this, they think, well, What the intent of H.R. 1666 was to about what his company is doing and that’s just Medicare; that’s just a part not provide a Federal standard but at the benefits that they’ve found. And of the practice of medicine. That’s not least to provide a level of transparency you have to ask yourself, would it not the whole story. Well, it is about half below which States should not go. And perhaps be better for the Federal Gov- the story. Actually, the Federal Gov- I would like to see this House of Rep- ernment to allow that to happen, allow ernment does pay for about half of the resentatives at some time take on this a company to develop that type of soft- health care expenditure in this coun- problem, because I think it is one that ware, to develop those types of pro- try, if you go back to the first mo- is extremely important. grams, to perhaps bring the clinicians ments of this discussion. And it does lead in to the other issue now and begin to populate some of But the other thing is that the rates of how States and hospitals report those fields with clinical data so that by which Medicare reimburses for complications, such as infections. And, they could get even better and more health care informed the rates that are again, I do think there is a role for accurate information. set by the private insurance companies Congress, I do think there is a role for And I asked that individual, well, in this country. the Federal Government, not so much So indirectly, we have a system of what would it take? What would you in writing that legislation State-by- Federal price controls on medicine in need to see from us to allow this to State, but providing the framework by this country today. And that’s why, work better for you? And, no great sur- which the reporting can occur to allow when we ratchet down the reimburse- prise, he talked about the things that a Federal agency such as the Centers ment rate for physicians on Medicare, we talk about on the floor of this for Disease Control the ability then to and everyone in the body is quick to House all the time. He said, it wouldn’t aggregate that data and provide useful say, Oh, well, doctors make plenty of hurt to have some regulatory reform. information back in real-time to the It wouldn’t hurt to have some reform money. There’s no need to worry about that. Remember, also, we are affecting States and to the hospitals and to the in what are known as the Stark laws physicians about infection rates in that prevent hospitals and physicians not just Medicare, over which we have jurisdiction, but we are also affecting their particular areas. from doing too much together for fear Most epidemiologists will tell you those reimbursements in the private of some type of unjust enrichment. We the chance to measure is the chance to sector as well because there is not a would need some modifications to some cure, or the chance to prevent, in the level playing field between provider of the privacy laws. And at the end of case of infections. And the metrics, the day, too, we’re going to need some and third-party payer. That’s one of the problems inherent in our system just the activity of undergoing the safe harbors with liability. But if you metrics in those conditions, will often- provided us that, we could really take now. People that go to the physician don’t actually pay the physician; they times lead to improvements that were this to the next level. And we won’t. unanticipated at the beginning of that And yet they’re ready to make the in- pay the insurance companies. Same with the employers. They don’t actu- program of metrics. vestment and they’re already making Other legislation that’s out there ally pay the physician; they pay the in- the investment, even without any Con- that deals with our physician work- surance company. gressional activity, because they find force, H.R. 2583, H.R. 2584, both bills de- it delivers value to their patients, to So that interposition of a third-party intermediary has created a good deal of signed to affect individuals earlier in their physicians and, yes, to their bot- their career, in the health care work- tom line because they’re a profit-ori- the tensions and a good deal of the problems that we see today. force even prior to the entrance into ented company. medical school, the ability to provide a What is the difficulty with this body But we must not forget, that is a sys- little bit more flexibility and a little recognizing that that type of activity tem that is there, that is a system that bit more balance in the health profes- is going on all around us, and maybe is in place, and when we make a deci- sion scholarship, a little bit more flexi- we don’t need to reinvent the wheel sion about Medicare reimbursement bility in loan forgiveness and tax in- here on the floor of this House. Maybe rates, the ripple effect throughout the centives for individuals who are going we just need to wake up and look health care world in the reimburse- to medical school and will agree to around at what is happening literally ment is significant, it’s profound, and practice in medically underserved just across the street. it is immediate. One of the things that I feel very areas in high-need specialties, and that b 2030 strongly about is that we do need to is essentially primary care, also fields Now, some of the other things I want help people know what they’re buying like OB/GYN and general surgery, to to talk about this evening before I run and what they’re getting in health provide a little bit more flexibility to out of time, I have already alluded to care. And one of the bills that I intro- help incent people who are willing to the problem with supply and demand in duced early in the first session, the last make those types of decisions. And our physician workforce. year of this Congress, was H.R. 1666, there is significant lifestyle decisions Just a little over 2 years ago when he which does deal with health care trans- that they are making to undertake was finishing up his term as Chairman parency. those type of careers.

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.085 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H603 And then there’s another program to gone from 17 medical liability insurers fact, I’ve spent some time talking increase the number of primary care down to two. You certainly don’t get about it this evening. residencies that are available, again, in much in the way of competition when H.R. 4190 isn’t a new insurance pro- high-need areas, medically underserved you only have two insurers, and as a gram. It isn’t a new expansion of Medi- areas for specialties that are in high consequence, the price for those pre- care or Medicaid or SCHIP. What H.R. demand, and, again, we are principally miums was ever escalating. Now we 4190 does is take the concept of being talking about the primary care special- have had many insurers come back to uninsured and extend that privilege to ties. the State. They’ve come back to the everyone who serves in the United The barriers for entry for a medium- State without an increase in pre- States Congress. H.R. 4190 would re- sized to moderate-sized hospital to miums. And, in fact, Texas Medical Li- move us, as Members of Congress, from start up a residency program are essen- ability Trust, my last insurer of the Federal Employee Health Benefits tially costs. And some of those start-up record, has returned, the last time I plan, provide us a voucher, if you will, costs in this legislation can be provided checked, 22 percent reductions and to go out and purchase insurance on for in a loan. And there will be a loan dividends back to their physicians that the open market. And I can’t help but that is paid back so that money will re- they cover. And that’s significant be- think, if we were put in the position of cycle, and the overall return to the cause, remember, these premiums were many Americans who are faced with taxpayer is increased that way. It will going up by 10, 15, 20 or 25 percent year those decisions about having to buy allow those hospitals the ability to set over year, and then on the past 4 years, health care coverage on their own out up a residency program where none has they’ve not only stabilized, but they’ve in the open market, perhaps we would existed in the past. And I can think of come down 22 percent. get a little more creative about the un- many, many hospitals in my home Small and medium-sized hospitals equal treatment from the Tax Code for State of Texas that could benefit from that self-insure for medical liability employer-derived insurance versus an that type of activity. have had to put less in reserve against individually owned policy. Perhaps we And one of the things when people a bad judgment, and as a consequence, would get a little bit more creative study how physician manpower is dis- there has been more money to spend on about providing a little more flexi- tributed, you can say a lot of things just exactly the kinds of things you bility in a health savings account. about doctors, but sometimes we are want your community hospital to be Perhaps we would get a little bit not very imaginative and we don’t tend spending its money on; things like to go very far from where we trained, more flexible even if we are of the nurses’ salaries, capital improvement, and there are some valid reasons for mindset that said, Well, we are going investing in their capital infrastruc- that. You get comfortable with referral to extend our single-payer health care ture. patterns. People know you from your to more and more people. Well, what if So it is a good news story from the training program, so they’re apt to Members of Congress had the same State of Texas in terms of what we’ve refer to you. There’s a degree of com- problem finding a doctor that your sen- been able to do with liability in my fort there. And myself, for example, I ior citizens at home tonight are having home State, and I’m not going to say went into practice less than 25 miles when they call up the doctor they’ve that’s the only answer, but I think it is from where I did my training. A lot of seen all of their lives and are told, a very good answer. I introduced legis- doctors do follow that same sort of tra- Sorry, we can’t take any more Medi- lation, H.R. 3509, to essentially provide jectory. care patients? So if we can move the training pro- the Texas legislation on a national Well, H.R. 4190 is an intriguing con- grams into the areas that need the scale. cept. I haven’t had much interest as far physicians, it may then follow that In fact, we had a lot of talk about the as cosponsorship is concerned, but it’s those physicians who train in those budget earlier tonight. Last year, I of- still out there. It’s still available, and programs will end up staying in those fered that bill to the Budget Com- I welcome Members from both sides of medically underserved areas. mittee because the Congressional the aisle to think about that, to look It’s difficult for me to come to the Budget Office scored it as nearly a $4 at that, and see if we couldn’t forge a floor of the House and talk about billion savings over 5 years. I realize common bond and a good-faith effort to things related to health care and at that’s not much when you are talking really do something for the people who least not mention some of the problems about a $3 trillion budget, but that’s $4 lack insurance coverage in this coun- that we face with our medical justice billion. That’s a significant savings, try or the people who are fearful that system in this country. And I know and I was willing to donate that to the they will lose their insurance company there are lots of people out there with Congress. if their job changes or their financial a lot of different ideas, caps on non- Take up that concept, write it into situation changes. economic damages, medical courts, law in your budget resolution, and let’s There’s a lot of things out there on early offer arbitration. The time has get something done to stabilize med- the horizon, Madam Speaker. There is come for us to have a serious discus- ical liability prices in this country, not a lot of good that this Congress can do. sion to put some of the partisan dif- so much for my home State of Texas, I think it is important for me to make ferences aside, to put some of the spe- as we’ve already done it. But what the point one last time that medicine cial interests aside and have a rational about Pennsylvania? What about New is evolving in a big way. It’s going to discussion about how we can meaning- Jersey? What about Maryland? What change significantly in our lifetime. fully impact that problem in this coun- about New York? Maybe those areas b 2045 try. could benefit from some of that same My home State of Texas passed rath- type of thinking as well. Congress can participate in that evo- er significant legislation 4 years ago Well, suffice it to say that that con- lution, and actually participate and be dealing with the issue of caps on non- cept was not accepted, but I will extend a force for good if we’re only willing to economic damages. It was patterned the offer to members of the Budget pick up and take on the work that the after an earlier California law, the Committee on both sides of the aisle American people have sent us here to Medical Injury Reform Act of 1975. It that $4 billion in savings is still avail- do. was passed out in California, which put able to you. H.R. 3509 is the bill, and I Thank you, Madam Speaker, for your a $250,000 cap on noneconomic damages. will be happy to relinquish all owner- indulgence. The Texas legislation was a little bit ship rights and donate that to the f different. Instead of a single cap, there greater good of the United States Con- 30-SOMETHING WORKING GROUP were three different caps, each capped gress and the people of the United at $250,000, but the aggregate was States. The SPEAKER pro tempore. Under $750,000 compensation available for One last piece of legislation that I the Speaker’s announced policy of Jan- noneconomic damages. It has worked want to mention, and it was introduced uary 18, 2007, the gentleman from very well in my home State of Texas. right at the end of the year, H.R. 4190. Pennsylvania (Mr. ALTMIRE) is recog- The year that I left practice to come We talk on the floor of this House a lot nized for 60 minutes as the designee of to Congress, we were in crisis. We had about the problem of the uninsured. In the majority leader.

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.087 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H604 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Mr. ALTMIRE. Madam Speaker, Well, in this Presidential election package that this Congress came to- we’re here this evening as part of the year we’re not having that debate any- gether in a bipartisan way to put for- Speaker’s 30-Something Working more because, you see, Madam Speak- ward to help resolve that issue. We’re Group, and I’m going to be joined by er, that surplus is gone. That surplus going to save that discussion for a lit- some other members of that group who was gone in the first year of this ad- tle bit later. will be familiar faces to our colleagues ministration. Instead of $5.5 trillion of But in the discussion over the budg- who have participated in these Special budget surplus over a 10-year period, et, it can’t be lost that in presenting a Orders presentations. we’ve had $3.5 trillion of deficit spend- $407 billion deficit budget before this We’re going to talk specifically to- ing over the first 7 years of this admin- Congress, that this President has made night about the budget that the Presi- istration. And I’m going to talk in incredibly deep cuts in some very im- dent dropped on our doorstep on Mon- some detail about what this fiscal year portant programs that mean a lot to a day. Now, this was an exciting series of 2009 budget says, and it includes an lot of people in this country. Veterans days for the American people. We, of enormous amount of deficit spending. programs, veterans health care, course, had Super Bowl Sunday, one of What we have before us is a budget slashed. Medicare cut by $556 billion the most exciting Super Bowls we’ve that for the eighth time in 8 years con- over 10 years, a cut in Medicare at a ever seen. We had Super Tuesday last tinues enormous deficit spending. But time when you’re exploding the deficit night, very exciting for all the Amer- we can’t lose sight of the fact that by $407 billion. And we’re going to talk ican people to watch the unfolding for when this administration first came specifically about the misplaced prior- the Presidential election for this year. into office, that wasn’t the projection. ities included in this budget. And in the middle of that, we had Mon- That wasn’t the way it was supposed to Before we go line by line and get into day. be and that wasn’t the way it had to that level of detail, Madam Speaker, I And what happened on Monday? Most be. But, unfortunately, decisions were do want to turn it over at this point to Americans say, well, not a whole lot my 30–Something colleague, Mr. MUR- happened, but in Congress a lot hap- made in a fiscally irresponsible man- PHY from Connecticut, who has joined pened because the President put before ner, and now before us is a budget that us and is going to give us some detail us a $3.1-trillion budget. Now, the is $407 billion over budget. We have a on what he views this budget to be. American people may say, well, that $407 billion deficit for one year, fiscal Mr. MURPHY of Connecticut. Thank sounds like a lot of money, and it is a year 2009, the third highest single year you very much, Mr. ALTMIRE. I don’t lot of money. But what does it look budget deficit ever submitted to the want to take too much time because I like? What does $3.1 trillion look like? Congress behind only the budget that know the American people are eager to Our colleagues may be interested to see was sent to us last year by this Presi- hear your detailed line-by-line analysis that. This, Madam Speaker, is what dent, which was $410 billion, and the of the President’s budget, so let me be $3.1 trillion looks like. This is what the 2004 budget also submitted to this Con- brief. President sent us, both electronically gress by the President. You hit it on the head here. I mean, and in paper format. This is a very big So we have a record here of destroy- this budget that the President has pro- document, the entire Federal budget as ing projected surpluses and creating posed to us is the worst of both worlds. proposed by the administration for the record deficits. $9.2 trillion of debt, It cuts spending on programs that ev- coming fiscal year 2009. Madam Speaker, faces this country be- I’m going to talk a little bit about fore this $400 plus billion deficit that’s eryday middle-class families and sen- what’s in this budget, but before I did been submitted to us. iors and the disabled use to simply that I wanted to take a little walk We can’t continue to charge things to grab hold of the apparatus of oppor- down memory lane for our colleagues. the credit card. The way the previous tunity that has been stolen from them, And many don’t need to be reminded of administration turned the all-time and at the same time, it continues to this fact, but in the last 4 years of the record deficits of the 1980s into all-time spend wildly in other parts of the budg- previous administration we had four record surpluses in the 1990s was et. It continues to give away massive, consecutive budget surpluses. And through pay-as-you-go budget scoring. unjustified tax breaks for the richest 1 those surpluses, at the end of that ad- And that’s very simple: It’s what we all percent of Americans that aren’t even ministration and the beginning of the do in our own home checkbooks. It’s being asked for by many of those peo- current administration, budget sur- what every business in America is ple. And it results in a pretty ugly pic- pluses were forecast as far as the eye forced to do. You have to have money ture over the next several years for can see. And there was every reason to on one side of the ledger to spend it on this country if we were to adopt the expect that the budget was going to be the other. And if you want to increase budget that the President put before balanced throughout the next adminis- spending or if you see a decrease in us. tration. The projection over 10 years by your revenue, you have to have an off- It would mean massive cuts, as the Congressional Budget Office was set on the other side to balance it out. you’ve already laid out, to health care $5.5 trillion of budget surplus over 10 Well, those are the rules that this Con- programs, to law enforcement pro- years. That was the projection. gress operated under from 1991 through grams. And, Mr. ALTMIRE, this budget Well, now we’re 7 years, going on 8 2001. has got a 100-percent cut to the COPS years, into this new administration. Unfortunately, this administration program. The COPS program is the ac- This is the eighth and final budget that did away, and the Congress, in conjunc- ronym for the community policing ini- President Bush is going to send to this tion at that time in 2001 going into tiative that was started by President Congress. And what has been the out- 2002, did away with pay-as-you-go Clinton over 10 years ago. It is one of come of this $5.5 trillion surplus? And budget scoring. And since that time, the most successful law enforcement we talked about the Presidential elec- before this current session of Congress, programs that this Nation has ever tion, Madam Speaker, and I would re- every penny that was spent through seen. Any Member of this House on the mind my colleagues about the debate the Federal Government was charged Republican side of the aisle or the of the 2000 election. The number one to the national credit card. We’re going Democratic side of the aisle can just go issue that was discussed in that elec- to let somebody else worry about it. down to their local police department, tion was, what are we going to do with We’re going to transfer this funding to any one of them, and ask their local this surplus? We have an enormous our children, our grandchildren, and cops whether or not community polic- budget surplus, $5.5 trillion, and all the our grandchildren’s grandchildren. ing has worked. It has. That’s not me ways that that money could be used. Well, unfortunately, the problem with saying it, that’s not just the statistics Are we going to pay down the debt? Are using credit cards that way is the bill saying it, that’s the experiences of we going to shore up Social Security, comes due, and the bill has come due, thousands of community policemen put that money into the trust fund? Madam Speaker. who have been on the beat for years. How are we going to use this enormous We’re going to talk about the coming Now, what’s happened over time is surplus that’s facing us over the next economic crisis that this country faces, the Republican Congress year after 10 years? That was the debate in the the possibility, if not the certainty, of year slashed and burned that line item, year 2000. a recession, and the economic stimulus and so many communities either had

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.089 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H605 to take cops off the community polic- Mr. ALTMIRE. Well, and again, the to nursing homes? In Connecticut, we ing beat or start picking up the tab things that were said as far as fiscal re- have had a real crisis with a particular themselves. That means increased sponsibility made some sense, and I nursing home group that has gotten a property taxes for people because was happy to hear them. And you’re lot of attention in the paper, Mr. somebody has to pay for it. And this right, we had not heard them over the ALTMIRE, in the last several months re- budget that we’re looking at right now past 7 years, and that led to the defi- garding some really inexcusable condi- takes out the entire amount for com- cits that the gentleman and I have tions in those nursing homes, low lev- munity policing. I guess I just don’t both talked about. els of staffing, no remediation when understand how you justify that. I Now, we sat here and we heard that. violations had been found. And that mean, I would love to have somebody And I thought that hopefully that problem is not going to get better if from the administration on this floor would translate to the President sub- the solution from the Federal Govern- try to explain in a commonsense way mitting a budget where the actions ac- ment is to cut the funding that goes to why they don’t believe that the experi- tually matched the words that we had those nursing homes. These nursing ences of thousands of communities and heard a week ago. Unfortunately, it homes are already stretched very thin. thousands of police officers is true, didn’t. The President, a week later, There already isn’t enough staff to which is that community policing submits to Congress a budget that’s cover the residents and make sure that works. $407 billion out of balance. And we’re seniors that are staying there are liv- But here’s the other side of this equa- living in a time when the second larg- ing under safe and humane conditions tion, Mr. ALTMIRE, and I know we’re est line item in the Federal budget at all times in some places. going to talk about this. At the same that is before us is the interest on the This cut that the President is talking about in the cut and reimbursement time, it’s not like we’re getting any- national debt, which is $9.2 trillion. rates to nursing homes is going to have where for all of the cuts in this budget The second largest line item in this a direct effect on the care that many because this budget envisions the Fed- budget is interest on the national debt. thousands, hundreds of thousands of eral deficit continuing to explode. Now, Now, that alarms me, Mr. MURPHY, and seniors get in this country. Your loved this is a small little chart, you prob- I’m sure it alarms you. And I would ones, your neighbors, their care is ably can’t see it, but this is a pretty want to do something about that if I going to be compromised by this. dramatic, but accurate, representation was submitting a budget before Con- The safety of your community is po- of what’s going to happen to the Fed- gress. And I would want to show, hav- tentially going to be compromised by a eral debt. ing just talked about fiscal responsi- zeroing out of the COPS budget. Com- In 2001, we had about $5.8 trillion in bility, that I was committed to fiscal munities will be less safe because there Federal debt, and you can at least see responsibility. But, unfortunately, we will be fewer community police on the that it only is going in one direction. have a budget that makes all the beat. Those are the real world con- Under the President’s budget, by 2013 wrong decisions because it is fiscally sequences of the budget that the Presi- we’re going to owe $13.3 trillion to for- irresponsible, it does have misplaced dent is putting before us. eign nations, Mr. ALTMIRE. priorities, it does move in the wrong And the question is just a matter of We are cutting funding for programs direction as far as increasing the def- choices. And that’s what I hope that that matter, we are spending money icit at a time when we already have a every Member of this House goes out wildly in other parts of the budget, pri- record debt, but it cuts programs like and endeavors to ask over the next marily in the defense budget, and what Medicare and Medicaid. month or so as we debate this Bush we get in the end is a Federal budget This is at a time when more and budget, which is are you sure that your that is more out of whack, more out of more Americans are struggling to af- community wants to spend another $70 balance than it ever has been, and fam- ford health care, especially senior citi- billion in Iraq rather than put cops on ilies who are struggling, amidst this zens. And to propose a budget that cuts the beat or put staff in your grand- economic slowdown, who are going to Medicare by $556 billion over a 10-year mother’s nursing home? Are you sure see less services and less help from period, at the same time freezing pay- that the constituents in your district their government. ments to hospitals, to nursing homes, want to give away another massive tax Mr. ALTMIRE. I’m sure the gen- to hospices, to home health agencies, it break to the richest 1 percent of Amer- tleman from Connecticut would agree just doesn’t make any sense because icans instead of putting cops on the that it’s ironic, given the fact that it health care costs aren’t going to stop. beat or putting staff in your grand- was a week ago that we sat here to- Health care costs have been going up mother’s nursing home? Those are the gether in this Chamber and listened to above the rate of inflation every year questions that people are going to have the President’s State of the Union Ad- for as far as anyone can remember. to ask. And I think, Mr. ALTMIRE, dress. And I liked some of what the b 2100 there’s only one answer to that in any President had to say on fiscal responsi- district in this country whether you bility, challenging the Congress, chal- The technology that’s used for health are represented by a Republican or a lenging his administration to take the care, the increase in the amount of Democrat. budget and make tough decisions and baby boomers that are qualifying for Mr. ALTMIRE. And the gentleman be fiscally responsible. the Medicare program for the first knows that there are three legs to this Mr. MURPHY of Connecticut. Let me time this year, in 2008. The costs of stool that we are talking about. One is stop you there for a second, because I Medicare are exploding. So to just say the increase in spending leading to the liked what he said, too. But I would we are going to cut Medicare over the deficit. One is the misplaced priorities have liked it if he had said it for the next 10 years by $556 billion doesn’t of the cuts to programs that are criti- last 7 years of his administration. I mean health care is going to be less ex- cally important. The third is what’s mean, you know, I hope it wasn’t lost pensive, fewer people are going to qual- left out of this budget that we all know on anyone watching that State of the ify for Medicare, and fewer people are we have to deal with, and I’m going to Union speech that for the last seven going to use the program. And cer- save that discussion for a little bit Congresses, as the Republican-led ma- tainly it doesn’t mean that home later as we walk through some of these jority has spiraled spending out of con- health agencies, hospices, and hospitals programs. But the full cost of the Iraq trol, has added on political earmark are going to have fewer expenses just war and the cost of the alternative after political earmark, the President because we are going to be reimbursing minimum tax relief for this year are was absolutely silent on that matter. them. not included in this budget. So a $407 And it is just incredibly convenient Mr. MURPHY of Connecticut. Will billion deficit without even including that in the year in which the Demo- the gentleman yield? probably the two largest items that we crats take control of the House of Rep- Mr. ALTMIRE. I would. are going to have to face in the next resentatives is the first year that we Mr. MURPHY of Connecticut. Let’s year, we’ll get to that point, but there hear in a State of the Union speech the hammer that home in a real world way are a lot of issues here. President talking about grants in Fed- for people. What does it mean when the When I talk to people when I go back erally approved budgets. President’s budget reduces payments home in the district, I hear a lot about

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.090 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H606 CONGRESSIONAL RECORD — HOUSE February 6, 2008 entitlement spending, and when I go will yield, Mr. ALTMIRE. I was getting It freezes targeted improvement and home, I think I can make a pretty good on a plane this morning to come down achievement in math and science pro- case that Medicare is important and we to Washington from my district, and grams that do that. And instead of shouldn’t be cutting Medicare at a an older gentleman recognized me as I making college more affordable, the time when the number of people quali- was going through the security check- budget eliminates, completely elimi- fying for Medicare is rising exponen- point. And he stopped me, and he said, nates, supplemental education oppor- tially and health care costs are going I have written you a letter. I’ve got a tunity grants; the Perkins loan pro- up. I can make a pretty good case, I real problem with what you’re doing gram, one of the staples of student as- think, for that. But I will still hear down there. And I said, Talk to me sistance for higher education in this people say, You know what? I’m not on about it. country, eliminates; and the Medicare. That’s an entitlement pro- And he looked me in the eye and Leveraging Education Assistance Part- gram. I don’t care about that. Cut it. started to tear up a little bit, and he nership program, the LEAP program, It’s a boondoggle. Just cut it. I do hear said, My wife died of cancer last year. which many of my colleagues know is people say that. They’re wrong, but And he said, I can’t for the life of me necessary to provide financial support they say it. Well, there are some things understand why you guys, and he specifically targeted to needy students in this budget that nobody, nobody in lumped us all together, and I tried to who otherwise wouldn’t have the op- their right mind could justify freezes explain the differences a little bit to portunity to pursue a higher education. or cuts in these types of programs. And him, but it was a very emotional mo- These are the programs that are being maybe our colleagues are out there and ment. He said, I can’t understand how eliminated under this budget. Not fro- they say, Show me. What are you talk- you guys are cutting the funding for zen, not cut, but eliminated. ing about? What is in the budget that the programs that might save the life Mr. MURPHY of Connecticut. At the of the next wife who has cancer and in- we shouldn’t cut? very time, Mr. ALTMIRE, where our Well, how about research, health care stead you’re spending money, billions country is most in need of a skilled research through the National Insti- of dollars, overseas on a war that’s workforce. I mean you know it, be- tutes of Health? I think that’s some- making us less safe. And he was tear- cause you do the same tours that I do thing that affects everybody. If you’re ing up. to manufacturing facilities and work- not directly affected by health care re- I mean, this is a personal and emo- sites, that every company in our dis- search, you certainly have somebody in tional issue for so many people in this trict is screaming to us, Do something country, as it should be, because they your family or you have somebody, a about the workforce. I can hire people know. They read about the advances loved one or a friend, that is affected. if you make sure that they are trained that are being made in science. Wheth- And let’s talk about the type of re- and educated and ready to work on day er it be stem cell research or the thou- search that we are talking about. one. And so as we’re sort of seeing a sands of other lines of inquiry that are This budget freezes funding for life- massive slowdown in this economy, po- making progress every day in this saving medical research at the NIH, tentially on the way to a recession, country, they know that it could be National Institutes of Health, regard- this is the very worst time to be cut- their loved one’s disease whose cure or ing diseases such as Alzheimer’s, Par- treatment is right around the corner. ting back our commitment to higher kinson’s, cancer, and heart disease. At This should be a personal issue to ev- education programs, to worker and job a time when our medical technology in eryone in this Chamber, and everyone training programs. And it runs totally this country is greater than anywhere should have to answer that question counter to what we have been doing else in the world and our research and that you posed as to how on Earth we here in this Congress. our ability to find treatments and I mean, we need to remind the Presi- can pass a budget that freezes medical cures for these diseases exceeds any dent that he signed into law the big- research that is going to cure diseases time in the history of the planet, we gest expansion in college aid since the and make people better just in order to are going to cut funding for medical re- balloon a deficit, just in order to fund GI bill, increasing the maximum allow- search for Alzheimer’s, Parkinson’s, a war, just in order to fund massive tax able Pell grant, the direct grant to stu- cancer, and heart disease? I think, Mr. cuts for the wealthy. The priorities are dents by $500, providing for loan for- MURPHY, that we make a pretty good just so screwed up, and any person in giveness to potentially tens or hun- case that that’s not a cut that should this world can tell a story of a loved dreds of thousands of students who go happen. one who would be hurt by those cuts. into public service professions; and, This budget also slashes funding, and Mr. ALTMIRE. Absolutely. And I most importantly, cutting the interest this is inexcusable, slashes funding by thank the gentleman for that story. rate for student loans in half from 6.8 $433 million, 7 percent of the overall And I’ve had similar circumstances in to 3.4 percent, which is going to save budget for the Centers for Disease Con- my district where people wonder why the average college student in Con- trol and Prevention, responsible for in- we are cutting Alzheimer’s funding, necticut about $4,000 over the lifetime fectious disease control, prevention where they have a loved one who has of the repayment of their loan. That’s programs, and health promotion. So we struggled with that disease. real dollars when you couple it to- hear a lot about the avian flu, the bird I also want to talk about education gether with the other benefits that flu, the possibility of a pandemic and what this budget does for edu- that package had. through diseases, whether it be a ter- cation. I think just about anyone And that was a bipartisan success. roristic issue or just something we should agree that’s a national priority. That was conceived by Democrats. It can’t control on the health side. That Few things in the budget are more im- took Democrats taking control of Con- may be the number one public health portant than education. Well, what gress to put that on the agenda. But threat facing the country right now, does this budget do? there were a lot of our friends on the the possibility of a pandemic flu, a This budget freezes education fund- Republican side of the aisle that voted worldwide spread of some disease, and ing, which results in cuts in real terms. for it, and there was a President, we’re going to take this opportunity to And instead of investing in innovation maybe reluctantly, because he changed cut the Centers for Disease Control in the classroom, the budget elimi- his position over time, but there was a specifically for infectious diseases by 7 nates, eliminates, the $267 million pro- President that signed that. percent? That’s what we are going to gram providing grants to States for So we have come together as a Con- cut in this budget when we are adding classroom technology. It freezes the gress to recognize the importance of $407 billion to the national debt for 1 $179 million mathematics and science helping kids and helping families pay year? I think it’s inexcusable. So I partnerships. At a time when we’re for the increasing cost of higher edu- really don’t think there is anybody struggling to compete in the global cation, and we should especially recog- that I am going to run into in my dis- economy with countries like China and nize the importance of that when our trict that’s going to say that’s a good others that are investing heavily in economy is having trouble getting its idea. science education, we are cutting it. At engine going. That’s when we should be Mr. MURPHY of Connecticut. I just least the President is proposing cutting investing in workers. That’s when we want to share a story with you, if you it in his budget. should be investing in education. And

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.091 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H607 as you have so ably and accurately out- Mr. MURPHY of Connecticut. It do only one thing, a cynic might say, lined, Mr. ALTMIRE, this President’s doesn’t make sense. It wouldn’t make put more money into the hands of the budget does an immediate 180 degree sense even in good economic times, Mr. big international oil companies, run by turn on the investments that we have ALTMIRE, because you know even in the a lot of the friends of the folks that are been making and should continue to so-called boom years of the 1990s and in this administration. We have had an make in higher education. earlier in this decade, those jobs were energy policy which has done nothing, Mr. ALTMIRE. And the gentleman still leaving Pennsylvania. Those jobs has done nothing, essentially, to de- from Connecticut represents a district were still leaving the northwestern crease the amount that people are pay- in some ways that is similar to my dis- part of Connecticut. And you always ing to gas up their car or heat their trict. We both have a manufacturing need to have just that safety net, just homes. We have profits of record mag- base that has suffered in recent years enough help for people to bounce back, nitudes coming from ExxonMobil and as a result of the global economy and a because the folks that live in our dis- Chevron and BP and all of these major variety of factors. And as the gen- tricts, as they do across the Nation, multinational oil conglomerates. We tleman said, at the very time when we these are proud, proud people. They have had a Federal policy, led by this should be finding ways to help people want a job. They want to work hard. President and probably more accu- that have suffered as a result of these They do not want to be out of work. rately led by this Vice President, Vice job losses and a loss of manufacturing, They do not want to be undertrained. President CHENEY in his secret, closed- find new job training sources, find edu- And they are going to take the oppor- door meetings that have constructed cational opportunities for our kids so tunities that we give them just to be most of this energy policy, that have they can stay in our communities in- able to bounce back and reenter the stolen millions of dollars from Amer- stead of having to leave town, a prob- economy. That is all we are talking ican consumers with the tax breaks lem that we are struggling with, I about with these programs. This isn’t and regulatory giveaways to the oil in- think, probably in both of our districts, permanent job assistance. This isn’t dustry that have allowed them to con- the President uses this budget as an the welfare state. This is just, listen, tinue with no abandon to rip off Amer- opportunity to eliminate, not freeze, your company went out of business, ican consumers. The LIHEAP program not cut, but eliminate vocational edu- shipped their jobs over to China, is just an added insult to an energy cation. shipped their jobs down to Mexico. policy which has been taking money And he slashes the Safe and Drug- We’re going to help you for a certain out of American taxpayers’ pockets Free Schools program by 45 percent; period of time learn a new skill so you and putting it into the oil companies’ afterschool programs by 26 percent; can get back and be a productive mem- treasuries. ber of society. That is an important teacher quality State grants by $100 The LIHEAP program simply says project to undertake in any economic million, which helps incentivize high this, this has been the policy of this ad- time but most critical now when more quality people to go into the teaching ministration and the Republican Con- and more people need that help, Mr. profession, people who have other op- gress for the last 8 years, for the last 6 ALTMIRE, that is critical right now. tions, who could become doctors or years, they have said, we’re going to do Mr. ALTMIRE. And the gentleman lawyers or chemists or any other pro- nothing to help you with prices, we’re knows there is another thing that our fession. We want to incentivize the best just going to continue to watch energy regions in the country share and that and brightest in this country to go into prices spiral and spiral and spiral and is that we have harsh winters. We have teaching to educate our kids, and ev- have no short-term or long-term strat- been known to have harsh winters. And eryone knows the importance of what egy to do anything about it. But on the another thing that gets cut in this goes along with that. Well, the Presi- back end, we’re going to help you a lit- budget inexcusably is home heating as- dent proposes cutting the budget by tle bit with some subsidy dollars for sistance. And with regard to energy $100 million for that program. the people in your community that are generally, we have a time where we And, similarly, the gentleman from so hard up they are going to need some have all time record energy prices. Connecticut talked about the fact that help to pay those bills or else they Families across the country are strug- middle-class workers are seeing their would freeze in their houses, which is gling with finding a way to pay their wages stagnate and American jobs have what you’re talking about. You’re bills directly related to the price of oil been lost, 17,000 lost jobs just last talking about people who would poten- month. And at this time when we and gas. And at that time, you would think tially freeze in their houses if they should be finding ways to stimulate the don’t get a little bit of help from their economy and create jobs, instead, the that the President would view that as a priority in his budget. But instead, it government to pay for their heating oil President’s budget slashes $234 million bills, largely seniors on fixed incomes for job training programs. severely cuts assistance to seniors and to families with children in paying in our community. And now not only b 2115 their home heating bills through the do we have an administration that is Again, not to repeat myself, but it is LIHEAP program, Low-Income Home not willing to work with us on reform- worth pointing out, in an atmosphere Energy Assistance Program, very im- ing our energy policy to break our ad- of a budget that creates $407 billion in portant in my area in western Pennsyl- diction to foreign-produced oil, to fi- deficit spending, out of balance, and vania. He cuts it by $570 million na- nally get a grip on these spiraling oil that slashes employment services more tionwide, $19 million of which comes prices because we have got an adminis- than $500 million in cuts for Americans from the State of Pennsylvania. And tration that cares more about the looking for work. These are people who this is going to force States to reduce pockets of their oil company friends are motivated, who want to find jobs, the number of households getting help than the pockets of the regular, aver- who are looking for work, and he elimi- through the LIHEAP program nation- age, everyday consumers, now also we nates grants to States to provide em- wide by 1.2 million people. These are are taking away that small, tiny little ployment services for job seekers and low-income families with children. subsidy that prevents people from employers cutting one-stop career cen- These are senior citizens that simply freezing in their homes because they ters. These are all programs that my don’t have the financial ability to pay can’t afford to heat it. constituents benefit from that get their heating costs, and we are going to When you step back a little bit, when heavily used in western Pennsylvania. knock, with this budget, 1.2 million of you are right in that budget, everybody We have had manufacturing losses, and them off the rolls. here should make it one of their top we are trying to find ways to retrain Mr. MURPHY of Connecticut. Let’s priorities, whether you live in a cold those workers so they can move into view this through a broader prism, and weather State or a warm weather other careers, educate themselves so I think if you do, you see that this cut, State, to put the money back for the they can stay in western Pennsylvania, in particular, is even crueler because LIHEAP program. Put the money back and what are we doing? The President we were set up for this moment. I for the heating assistance for low-in- is proposing cutting these job training mean, this has been 7 years of an en- come people. But let’s also understand programs. It is just inexcusable. ergy policy which has been designed to that it is even more egregious given

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.092 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H608 CONGRESSIONAL RECORD — HOUSE February 6, 2008 the fact that we could have done some- monthly payment. Despite the growing is not an emergency expenditure any- thing 10 years ago, 5 years ago, to pre- problems in the subprime mortgage more. We can plan years in advance for vent ourselves from getting into a posi- crisis, inexplicably this budget that we the money that we are spending on this tion where we are continuing to sub- are talking about tonight cuts loan war. There is no justification for this sidize these big energy companies and counseling for those at risk of losing money not being in the budget. What have to be reliant on low-income heat- their homes. The name of the program happens is it is just hidden. When you ing assistance to keep people warm in is the Neighborhood Reinvestment Cor- get these figures about how big the def- the winters. poration. It cuts it by 87 percent, at a icit is going to be when we pass the Mr. ALTMIRE. I think this is exactly time when we are struggling as a Na- President’s budget, which we obviously why it is important to have this discus- tion with a subprime crisis that the won’t do, but if we were to pass the sion, to walk through these programs world has never seen before, or at least President’s budget, that doesn’t even in the budget and talk about what ex- America has never seen before. At a take into account the real costs of this actly are we talking about when we time when the crisis is at its most war. If I were a taxpayer out there that talk about these draconian cuts that acute point, we are going to cut by 87 was for this war, or if I were a taxpayer we are facing? And as I said earlier, I percent the program that helps those out there that was against this war, I have people in my district that say, cut most at risk, 2 million people in this would be greatly aggrieved, and I think it, cut it, Federal spending, we need to country at risk of losing their homes. they are greatly aggrieved by the fact cut it. And we do have an enormous The people most at risk of losing their that we are not paying for it. Well, deficit. We have an all time record homes are facing an 87 percent cut. It we’re going to. We’re going to. Because debt, and we do need to find a way to is ludicrous. these bills, whether they are on the tab reduce the Federal deficit. Nobody can Mr. MURPHY of Connecticut. I know of the war or whether they are on the disagree with that. we have our freshman colleagues com- tab of the domestic programs that Mr. MURPHY of Connecticut. Just to ing in after us, so we are going to give haven’t been paid for for years, they make one point there, the Democratic them some room here. are going to be paid at some point. budget that we passed last year bal- But I want to turn for a few minutes Those bills and those promissory notes ances the Federal budget in 5 years. to a subject that you alluded to earlier, are going to come due, and they are For the first time since the Clinton ad- and I know you may have some more going to be paid for by your children ministration, we are going to have a areas here in which we want to talk and my future children, and your fu- balanced Federal budget. This isn’t pie- about what the devastating cuts are ture grandchildren and my future in-the-sky rhetoric that you are put- going to do, but I want to talk for a grandchildren. We are hamstringing ting out there, Mr. ALTMIRE. The second before we hand it off to some of generations to come to pay for the Democratic budget found a way that our other freshman colleagues about costs of this war, and we should ac- we passed at the end of last year to in- what is not in the budget, and you al- count for it. vest money in education, in environ- luded to it before, most importantly, The second thing that is not covered, mental protection, in health care and the cost of the war isn’t truly reflected Mr. ALTMIRE, is this thing that we keep do it in a responsible way that provides in this budget. on talking about down here called the for a balanced budget in 5 years. There In fact, some staff members on the alternative minimum tax. Now, I know is a way to do it, and we are finding it Republican side made a comment ear- there are still a lot of people out there here. We can do it again. lier today that they even admit that that don’t understand what the alter- Mr. ALTMIRE. That is exactly where the $70 billion that is put in this budg- native minimum tax is because year I was going to go. I thank the gen- et is essentially just a downpayment after year, Congress has done the right tleman for his comments. on what we are going to need to perpet- thing and has held in abeyance the ad- Mr. MURPHY of Connecticut. I’m in uate the costs of this war in Iraq for justment to the alternative minimum your head, Mr. ALTMIRE. the rest of the year. And it is just I tax that would essentially make it Mr. ALTMIRE. I appreciate that. The think becoming impossible for our con- cover most middle-class taxpayers in fact is the Democrats in this Congress stituents to really understand why we this country. In my district in Con- have made the tough decisions. We sub- can’t include the costs of this war, necticut we have about 20,000 people mitted a budget last year, and I am whether you agree with it or disagree that pay the alternative minimum tax sure we will do so again this year that with it. We will save that for another that was initially set up just to cover achieves balance for the first time day. Mr. ALTMIRE, you know where I the richest of the rich who weren’t pay- since the previous administration. No- am on this question. I believe that we ing any tax through deductions or were body can disagree that there is room should get ourselves out of this mess paying very little tax through deduc- for more cuts. There is room for more sooner rather than later in a planned- tions and credits. reductions. But what we want to do for way. But while we are there, and here tonight in this 30–Something Spe- while we are still spending money, let’s b 2130 cial Order is to talk about the pro- pay for it. Let’s budget for it respon- If we don’t fix the Alternative Min- grams that shouldn’t be cut, the pro- sibly. imum Tax again this year, in my dis- grams that are critically important to Now, I think you could probably trict it is going to go from like 19,000 this country that the President has make the argument in the first year or people paying it to like 80,000 people made a decision to reduce. 2 years of this conflict that it was paying it. It is going to be a huge prob- We talked about Medicare. We talked emergency spending, and that there lem, thousands of additional dollars in about life-saving medical research. We was an argument to be made in the tax obligations for millions of Ameri- talked about the Centers for Disease first few years of the war in Iraq and cans. Well, the President doesn’t say Control, infectious disease prevention. the war in Afghanistan that we were anything about that in this budget. I We talked about education. We talked going to need to borrow some money think he just assumes that we are about the LIHEAP program, home for that. I have no problem under- going to fix it again, but he doesn’t put heating energy assistance, and unfortu- standing that in emergency cir- the cost of doing that in the budget. nately the list doesn’t end there. It is cumstances, we are going to have to do So, if you tack on the costs of the incredible to think that at a time when some deficit spending. Nobody likes war that aren’t in this budget, if you we are facing a recession in this coun- that. But with regard to the economic tack on the costs of once again fixing try driven by a lot of different factors, stimulus package that we are passing, the Alternative Minimum Tax which but nobody can dispute perhaps the it makes sense in very narrow cir- we should do and put that in the budg- number one driving factor over the cumstances to borrow some money in et, this deficit is enormous, is enor- past several months and maybe the order to get some short-term gain mous. I think we should be having a past few years has been this subprime when the spending is on an emergency real argument over the real cost of this mortgage issue and home foreclosures basis. But we are 5 years into this war budget. Through all this sort of gim- and people struggling to afford their now, both in Iraq and Afghanistan. It is mickry that we see, all this trickery in mortgages, finding a way to make that not catching us by surprise anymore. It how the numbers are accounted for, the

VerDate Aug 31 2005 03:50 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.093 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H609 war is not in there, the Alternative situation last fall with the bridge col- enforcement, whether it is health care, Minimum Tax fix isn’t in there. lapse in Minnesota which highlighted a whether it is research spending. It is I know this sort of goes over the head problem that many knew but really in just hard to handle. It is like it gets of a lot of people out there, because a very tragic way shined the spotlight your brain going in overdrive. Then they say this is just the logistics of a on the incredible need that exists in you got to step back for a second. I budget. This is just numbers, where this country for infrastructure im- think it does make sense to step back you put one number, where you put an- provement, for bridge repair, for high- and have a little bit of faith that now other number. It matters, because you way repair. We simply do not have any- cooler and calmer heads can prevail. can’t hide money that we have to where near close to the amount of It used to be when that budget was spend. Whether you put it in the budg- money necessary to fix the roads and dropped on Congress’ desk in January et or out of the budget, if you spend bridges that need fixing right now, let or February that it basically was the the dollar, somebody is going to have alone all the new construction that law of the land, that with a few to pay for it. Maybe not now, but in 10 needs to take place. changes here or there, the Republican- years or 20 years. The district that I represent, we are led Congress was going to rubber stamp Mr. ALTMIRE, part of the reason that talking about funding for bridges and that President’s budget. the 30–Something Working Group talks roads and docks and dams along the As much as Mr. MEEK and Mr. RYAN so much about deficit spending is be- riverways. Well, with highway funding and Ms. WASSERMAN SCHULTZ before we cause we are going to be around when in particular, the President’s budget got here would come down and try to those bills come due. We have an obli- unbelievably proposes to cut funding expose all of those damaging harmful gation, I think a special obligation as for highways by $800 million below the cuts to middle-class families through- some of the younger Members of this amount guaranteed by the previous out this country, to people trying to House, to cry bloody murder when this transportation reauthorization bill make their way in this world, that it President tries to do more deficit that we did several years ago. didn’t matter, because so long as Re- spending than he is even telling us Every $1 billion in new infrastructure publicans controlled this place, there here, because it is going to be our gen- investment creates 47,500 jobs in this was going to be essentially a rubber eration and our kids’ generation that country and a shortfall in highway rev- stamp on all of those cuts and more are going to have to pay for it. enue is projected in fiscal year 2009, massive deficit spending, the most fis- Mr. ALTMIRE. That is right. The which is what this budget covers. So cally irresponsible set of Congresses in gentleman talked about the assump- we have a projected shortfall, yet the our lifetime. tion in the budget being submitted. Be- President still recommends a $800 mil- That has changed now. That is dif- cause the gentleman wasn’t here when lion cut. And at a time when we lost ferent. And, listen. We are all fallible. I showed this, I want to show the gen- jobs in January, who knows how many We don’t get every single choice right, tleman, as he knows, what $3.1 trillion jobs we are going to lose in the months even on our side of the aisle, Mr. looks like. This is what it looks like. ahead as we face what may turn out to ALTMIRE. But the good news is, is that This is what the President dropped on be a recession, we are talking about a we are going to find a way to push back your desk and mine on Monday. This is problem that can create nearly 50,000 most of those cuts, if not all of them. the budget we are talking about. So for jobs for every $1 billion in new invest- We are going to find a way to pass an- our colleagues who are joining us late, ment, and we are going to cut $800 mil- other budget which gets us a little bit this is the budget that we are dis- lion. It makes no sense. closer to a balanced budget. cussing tonight. Homeland security, the gentleman Now, the way we do that is sit here The assumption that was made in from Connecticut talked about the im- and expose all of the very harmful cuts putting this budget together by the ad- portance of homeland security, which and all the very harmful spending in ministration, by President Bush, was nobody can dispute, perhaps the num- this President’s budget. But the Amer- that Congress would act on the Alter- ber one issue facing the country today. ican people should have some faith native Minimum Tax, and, of course, Well, so what does the President’s that you sent a new Democratic Con- we will. We are not going to allow that budget do? The calculation of his budg- gress here. You sent this new freshman to lapse, which would result in an in- et excludes $2.7 billion in border emer- class that we are a part of to pick crease for 23 million people in the gency funding from Congress, which apart that budget for the first time, country, a tax increase, 70,000 in my was approved in fiscal year 2008. When and decide not only how to more com- district, I think the gentleman said this is taken into account, the Presi- passionately spend American taxpayer 80,000 additional in his district. So, of dent is only proposing to increase less dollars, but to more smartly spend course, we are going to deal with the than $100 million for fiscal year 2009 for them so that we are not racking up AMT. homeland security needs for the entire those huge deficits, so that we are It is tough. It is a difficult way to agency. starting to balance budgets again. have to do policy, to do it year-to-year. In addition, the budget slashes fund- So this is all very damaging news, It is probably not the best way. We ing for State Homeland Security Grant and I know we are probably going to made a tough decision in December, we programs, first responders, police, fire- close on some of the worse news in the will make another tough decision at fighters, EMTs, people right out there budget, but I think people should have the end of this year, and the President on the front lines in our communities, faith that we now have leadership in knows we are going are to have to do it many of them volunteers. This Presi- charge of this Congress that is going to and we are going to have to pay for it, dent’s budget cuts $750 million, 79 per- be able to pull apart that budget and because that is what we have to do. It cent below the current year’s funding start setting us on a commonsense and is not included in the cost of this $3.1 level. For firefighter grants, $450 mil- compassionate course again. trillion budget. lion, 60 percent below, just for fire- Mr. ALTMIRE. I thank the gen- I know we are running short on time, fighter grants, and 79 percent below for tleman. I am going to talk about the so I did want to just summarize a few all first responders. most egregious, in my opinion, of all of the other programs, saving one in It is incredible that this is the budget these cuts. And I know it is hard to be- particular for the end that near and that was put before us. Who could pos- lieve having walked through them that dear to my heart, that are cut in this sibly argue that that is a good policy there could be one in particular to budget. Because, again, people say decision, to cut funding for first re- point to. There is one that is particular what are we talking about when you sponders by 79 percent? to my constituents and to something talk about all these cuts? Mr. MURPHY of Connecticut. This is that I support. We are going to turn it We talked earlier about the subprime all sort of hard to take in. As you said, over momentarily to our freshman col- mortgage funding and so forth. How that massive budget document gets league, Mr. YARMUTH from Kentucky, about highway funding? Is there any- dropped on us, and the parade of hor- who I am sure is going to talk more one in the country that can disagree rors is endless in terms of all of the about some of these issues. that we have a national crisis with in- commonsense programs, whether it is As Members of Congress, we are all frastructure? We had the unfortunate homeland security, whether it is law given the opportunity to testify before

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These are the one or two that and pushed that and pushed that. recognize that government is a way of or three at the most things that we You were courageous from the very reorganizing and organizing our re- care about that we really want to see first day that you got here in making sponsibilities to each other, that we addressed in the budget. that a priority. could, as a government, actually create I was asked over the break that we It is just so terrible to think that, an economy that worked for everyone had in between the first session and the well, the Bush administration was sit- and not just for a very few, but that we second session during the holidays, ting there finally saying yes to that could, again, set the country on a dif- somebody came up to me in a shopping enormous and important increase in ferent direction, that we could use the center and recognized me and said, hey, veterans funding, that all the while tax revenues that were flowing to the you know, how has the first year been? they were drafting that budget. All the Treasury to empower all people to What are your experiences? What are while as they were agreeing just 60 make the best of their lives, to con- you most proud of? days ago to the biggest increase in vet- tribute to a more dynamic society. We Without hesitating, for me, what I erans funding since the VA program really have set a different direction in am most proud of that this Congress began, they were drafting secretly a this Congress, and I think we need to did last year was we had the highest budget that was going to reverse every- do much more. funding increase for veterans health thing they just agreed to. That just But let’s think back to 2006 and think care in the 77 year history of the VA. speaks to the worst of what happens in about what the American people were We had to fight tooth and nail. We had Washington, D.C., Mr. ALTMIRE. confronted with when they looked at to do it over multiple opportunities Mr. ALTMIRE. That is right. I thank Washington. They looked at Wash- throughout the year. But in the end, the gentleman. We are going to wrap it ington and they said, we have a govern- the budget that we passed exceeded up as our time has expired. I would ment there that is arrogant, that tends even the recommendations of the serv- only point out on that note that this is to favor the richest people in the coun- ice organizations. The VFW, the Amer- the sixth year in a row that this budget try, that tends to favor global corpora- ican Legion, the Vietnam Veterans of raises health care costs on 1.4 million tions, that thinks that if we allow the America, Disabled American Veterans, veterans, imposing $5.2 billion in in- wealthiest and most powerful people to those organizations every year present creased copayments on prescription do as well as they possibly can finan- to Congress their recommended fund- drugs and new enrollment fees on vet- cially, that there will be a trickle- ing levels for what they feel that they erans over 10 years. I wish I had more down effect and it will, quote-unquote, are going to need. For the first time time to talk about that. float everyone’s boat, and that this is ever, this Congress exceeded that. At this time I am going to thank the what the proper role of government So I am very proud of the work that Speaker for the opportunity to address should be. we did as a Congress on veterans. And the House this evening with my col- The American people said, no, we it was a bipartisan effort. It is some- league Mr. MURPHY from Connecticut. don’t buy that. We’ve tried that. We thing we can be proud to have worked f tried it under the Reagan administra- together on. tion. We saw then that trickle-down ec- Well, what does this budget do for b 2145 onomics does not work. We tried that veterans, something that I have made THE BUDGET AND NATIONAL for a few more years under the Bush my number one priority in this Con- DEBT administration. We found that, no, gress. And I think we as Congress have that doesn’t work because, in fact, a good record so far on veterans, and I The SPEAKER pro tempore (Mr. what we have seen is that from 2001 to want to keep that good record going, ARCURI). Under the Speaker’s an- 2006, 100 percent of the income growth and I want to prevent the cuts that the nounced policy of January 18, 2007, the in this country accrued to the benefit President’s budget talks about. gentleman from Kentucky (Mr. It cuts veterans health care by $20 YARMUTH) is recognized for 60 minutes. of the top 5 percent of the population, billion over 5 years. Let me repeat Mr. YARMUTH. I want to thank my that, in fact, 95 percent of the people in that. This budget cuts veterans health freshman colleagues for the very in- this country did not see their standard care by $20 billion over 5 years and cuts sightful and compelling arguments of living increase despite the fact that funding for constructing, renovating they raised concerning our budget, the they are working harder, they are and rehabilitating medical care facili- budget proposal by the President for working longer. ties in 2009, for which this budget is au- the 2009 fiscal year. The average family has been work- thorized. Mr. Speaker, I will say that what we ing, the average household, 95 hours a Now, for me, that is very parochial, are dealing with here is a situation in week. That’s two people working more because I have $200 million of VA which those of us who were elected in than full time and still not getting health construction going on in West- 2006, freshman Members, so known as ahead. So the American people said to ern Pennsylvania, a lot of which is in the majority makers, came to this Con- us, we want to go in a different direc- my district. Two different projects, gress because the American people in tion. We think that government can be $200 million. So the President is com- that election of 2006 thought that the a tool for progress, it can be a tool to ing in here at a time when we have the country was going in the wrong direc- create a society that distributes its opportunity in Western Pennsylvania tion, and it wasn’t so much one thing, benefits more broadly, and that we to be the preeminent health care sys- I know a lot of people think that we ought to take the position that rather tem in the entire VA, top notch facili- were elected because of the war in Iraq, than trying to let this trickle-down ties, he is going to cut the construction and certainly that was a factor. theory flow to everybody’s boat that funding, and he is going to cut funding I think more than anything else, the we ought to make a society in which even more egregiously for veterans American people collectively decided everybody has a really good boat, and health care by $20 billion. that the priorities that have been es- that everybody can swim on their own. I am sure the gentleman can agree, tablished by the administration that In fact, the way to create a society there is no group that should stand was in office, beginning in 2000, we that truly works over the long term is ahead of our Nation’s veterans when it were taking the country in the wrong to empower every individual to be pro- comes time to make funding decisions. direction, that we were spending ductive, to contribute to society and to Mr. MURPHY of Connecticut. It just money, that we were emphasizing have the power and the freedom and begs the question, Mr. ALTMIRE. What things that did not represent the best the support to improve his or her way was going through the minds of the interests of the majority of the Amer- of life. Bush administration budget nego- ican people. They sent us here, there- Now we are confronted, once again, tiators when they were sitting at the fore, to set a new pattern of doing busi- with a budget from the President of the table last year negotiating with us as ness, a new way of setting priorities. United States which does exactly the we were insisting on the biggest in- They wanted us to put the American same thing that they have been trying crease in veterans funding in the his- people first. They wanted us to recog- over and over and over again with very

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We have a budget, de- paying down some of the national debt point some billion dollars in profit, the ceitful in many ways because it pre- for a change. largest single yearly corporate profit tends to reach a budgetary balance But due to his tax policies and his in the history of the world, breaking when it really doesn’t, and they do it overspending and his penchant for bor- the previous record which was held by by very deceitful mechanisms, but it rowing, our President and his adminis- ExxonMobil themselves. sets the wrong priorities. tration have run up, in 2003, a deficit of Some people in this economy and in It takes the money away from pro- $378 billion; in 2004, a deficit of $413 bil- this current fiscal and business finan- grams and policies that actually do lion; in 2005, $318 billion; 2008 actually cial scheme are doing very, very, very empower individuals to improve their is the next figure here, $410 billion; and well and will continue to do very well. lives, to make a better society, to for 2009 is a projected $407 billion budg- There are others, mainly the middle make a stronger economy, and it sends et. class and lower income Americans, who the money once again to basically non- We can’t keep this up. Any family are being squeezed from all sides. Be- productive activities. We have, once knows that they can’t keep spending. lieve me, they are not being squeezed again, a budget that minimizes and dis- In fact, too many families are finding up, they are being squeezed down. guises the cost of our involvement in this out, that the chickens eventually The middle class is having their op- Iraq and Afghanistan. Many of us differ come home to roost. I, as a former tions and their opportunities cut, very strenuously on our priorities in school board president and school whether it’s the cost of sending their Iraq and Afghanistan. board trustee who had to balance the children to college, whether it’s being We all understand that we have some budget every year know that you can’t the cost of purchasing health care for serious problems in Afghanistan, and go on spending more money than you their families, the cost of property or we need to focus there. We also under- take in without some kind of disaster property tax, the cost of fuel for their stand that we are spending $3 billion a befalling you. cars or for their homes. I mean, even week in Iraq, most of which we will Unfortunately, what’s happening in the fact that the President in this never see. It never represents any in- terms of the value of the dollar, in budget slashed the low-income heating vestment in our future. It is money terms of our exporting jobs, in terms of assistance program, LIHEAP, is scan- that is down the drain. foreign interests buying up pieces of dalous. When you try to compare the bene- the United States or corporations or At a time when we have families and fits of our tax dollars being spent again infrastructure in the United States, in seniors who are struggling to heat to promote a vibrant and healthy econ- terms of our weakened markets, and their homes in the northern parts of omy and to help people who need to get volatile and declining markets, all this country, I wouldn’t have expected their feet on the ground to become pro- these things have to do with the basic the President, a so-called compas- ductive citizens versus spending money foundation, the underpinning of our sionate conservative, to be so overseas in ways that do nothing to en- country being massive debt. discompassionate as to cut heating as- hance our own standard of living, that The other thing about the Presi- sistance for low-income people in this current climate of economic uncer- we know we have a skewed sense of pri- dent’s budget that I was surprised to tainty and astronomical fuel costs. orities. see and disappointed to see, it does I would just say that I am happy to That’s what we are going to talk nothing to fix the alternative min- be here to discuss this, and, more im- about for the next few minutes, and I imum tax, or the AMT, a tax which portantly, to talk about how we are am very proud to be here with one of was originally designed, when it first going to move to a real budget, not a my freshman colleagues, someone who took effect in 1970, to affect only 155 fake budget that’s based on some plati- is passionate about the need for this households, the most wealthy, the tudes and some kind of ideological be- country to work for everyone, someone most affluent households in America lief, some faith-based budgeting that who is as passionate about working for who were using tax loopholes to avoid has nothing to do with reality and working families as anyone in this paying any tax at all. Congress wrote, nothing to do with the well-being of Congress, JOHN HALL from New York. in the late 1960s, this bill which the the American people. I am proud to be his colleague, and I AMT took effect in 1970, to hit the very Mr. YARMUTH. I want to thank my would like to recognize Congressman top of the most wealthy people in the colleague. HALL to further this discussion. country. He referenced the annual profit of Mr. HALL of New York. Thank you, Now because it was never indexed to ExxonMobil that was reported last Congressman. It’s my pleasure to join inflation, it was never given a cost-of- week. And I was struck last week on you tonight. living increase, it was never allowed to February 1, when I looked at The New I wish I had as much pleasure looking float as the cost of living and the aver- York Times on the online version, the at the budget the President submitted age salaries and income in the country list of the headlines of the day, and I as I do discussing it with you, and all changed, that AMT has dipped every thought it was striking because I think of us, of course, earlier this week re- year deeper and deeper and deeper into it painted a vivid picture of where we ceived a copy of the President’s budget. the American tax-paying public and are in this world and in this country. Like all of us, I was disappointed by dramatically increasing the tax rate The first story was, ‘‘Microsoft Bids the questionable accounting and fiscal paid by millions of middle-class fami- $44.6 Billion for Yahoo,’’ a lot of irresponsibilities contained within this lies who were never intended to be hit money, two corporations vying for budget. I wish I could say I was sur- by the AMT, over 20 million of whom each other. prised, but unfortunately it represents will be forced to pay it next year. The next story, ‘‘U.S. Economy Un- the same missed opportunities and mis- Without a permanent fix, half of all expectedly Sheds 17,000 Jobs,’’ the placed priorities that have highlighted taxpayers in this country will pay this worst jobs report in several years. this administration. AMT that was originally designed to Then, ‘‘Dozens Killed in Worst Baghdad First of all, I would have to say for a hit 155 of the wealthiest households in Attack in Months,’’ then ‘‘Kurds’ President and an administration that the country. Power Wanes as Arab Anger Rises’’ claimed to be fiscally responsible and But the President does nothing to and, then, finally, ‘‘ExxonMobil Profit who constantly accuse Democrats of stop this. Instead, he calls for more Sets Record Again.’’ being fiscally irresponsible, it’s really than $1 trillion in tax cuts for the top I think that was just an incredibly shocking and deserving of mention 1 percent of all Americans. vivid picture of where we are in this that this President, George W. Bush, Once again, we have 5 years in a row world and where this economy stands has been responsible, his administra- of record increases in the poverty rate, and how out of whack the priorities of tion, responsible for the five biggest we have record increases in personal this administration have become. deficits in American history. Here they debt, we have record increases in na- That’s why I am so thankful that we are. We all remember, of course, at the tional debt, we have record increases in are, at least, in control of this House of end of the 1990s when President Bush our balance of trade deficit. Strangely the Congress so that we can help to set took over from President Clinton that enough, at the same time, I read in the the priorities of this country on a we had a surplus, and we were, in fact, paper that ExxonMobil has declared 40 much more sound course.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.097 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H612 CONGRESSIONAL RECORD — HOUSE February 6, 2008 I know that I have had so many op- are feeling it. They have been cut and And instead of sending that money portunities to stand on this floor and cut and cut, and it is not keeping up overseas to pay interest, not even prin- discuss these issues with my colleague with the cost of operating a practice. cipal, that is $300 billion that is being from Florida (Mr. KLEIN). I am proud We know that they need to receive fair thrown out the door offshore to some to recognize him now. compensation. That is unacceptable. I other country because we don’t have Mr. KLEIN of Florida. I thank the don’t think that is something that this the wherewithal, as we do in this gentleman from Kentucky and the gen- Congress is going to support. So again, House, because the President hasn’t tleman from New York. I certainly an assumption that doesn’t have any been willing to work with us in bring- agree with all the statements you have bearing on where things are going. ing this budget in line. made and would just share a few of my The President, who has been a big Mr. Speaker, there are many Repub- own thoughts on the budget. supporter of the Iraq war, as we know, licans as well, but certainly the Demo- A budget is a statement of our val- and has continued to ask for more and crats have stood together on this, and ues, as Americans, collectively. We are more money, hundreds of billions of we welcome everyone as Americans to not Democrats, we are not Repub- dollars, interestingly enough, in this focus on this together. We have to get licans, we are not independents, we are budget sets it up for $70 billion of addi- the budget in line. The budget that is Americans. We all are putting a lot of tional expenditures only through Janu- being proposed by the President right money, hard-earned money into the ary 20. Now, what is January 20? That now is something that is relying on a government. The question is what’s is Inauguration Day of a new Presi- lot of unrealistic assumptions that will going to be done with it. What is the dent, whoever that may be. never pass because the American peo- best value that can be used to help peo- But boy, is that an unrealistic way of ple don’t want them to be cut, whether Medicare and a number of other things, ple achieve a better life, help our econ- looking at it, particularly after he has and we have to find a way to get the omy, help job creation and all those been criticizing Members of Congress budget deficit under control. That is things that are important to our com- saying that you can’t put a date at the essential. We can’t mortgage the future munities. end of funding because you are going to cut off our troops, cut off funding of of our country. We cannot allow our b 2200 the bullets and all of the necessary children to have to pay and our grand- The biggest concern that I have with support, which we are not prepared to children to have to pay for something the budget that is being proposed by do, but he is doing. that this generation wasn’t prepared to the administration is to me it is more He is saying on January 20, if you stand up and say, Yes, we can live of missed opportunities. We know that pass this budget, there is no more within our means. Yes, we can have a we have a difficult economy right now. money after that date to fund the Iraq strong economy and fight wars when Certainly in Florida where we have had war, not because he doesn’t want to necessary. And yes, we will take care tremendous growth over the last num- fund the Iraq war, but that is how he is of Americans when there are natural ber of years, all of a sudden things have creating a smaller amount of a big def- disasters, and it can all be done under stopped. The real estate market and all icit. Instead of $400 billion, it would be a fiscally responsible way, and that has of the various businesses that are af- $500 billion or something like that. not been the record of this administra- fected, and homeowners that are af- So the question is what can we do, tion. We are going to work hard in a bi- fected by a real estate market that has because I think there are a whole lot of partisan way to get this under control. I appreciate the fact that the gen- slowed to a standstill, we need to help assumptions here that are incorrect. I have a chart here that I have talked tleman from Kentucky brought this to people through the foreclosures and about before, and I think this is totally us, and I look forward to working with various other things. But what does unacceptable. The lack of fiscal dis- him and the gentleman from New York this budget do, something that all of us cipline of this administration over the on fixing this problem. said we were going to change. last 6 or 7 years has resulted in increas- Mr. YARMUTH. One of the things In this body we have PAYGO, pay as ing debt to an unacceptable amount in that is most disturbing to all of us is you go. We can only pass legislation terms of us bringing our budget in line. when you hear deceitful discussion of that is paid for in advance. My two So, although the financing of the the financial situation of this country. friends here are fiscal hawks. We be- war, which has been off the books, the We sat and listened to the State of the lieve in a deficit that has to be brought financing of all of these various things Union address in which the President down and a balanced budget. That is that the President wanted to fund, in- said if we were to not renew the tax the way we live our personal lives. In stead of cutting spending or being a lit- cuts that went into effect in 2001 and the State legislature, we had balanced tle more fiscally responsible, we have 2003, that the average tax increase for budgets. That is the way you run your been borrowing, and borrowing from an American would be something like business. foreign investors. Those are foreign $1,200 a year. That is a very clever way What does this budget do? First of countries. We are a debtor country to of saying what the average tax increase all, it is over $3 trillion. The amount of China and Mexico, and the list goes on would be. The problem is that the aver- money going into the Federal Govern- and on. age tax increase would be very large ment is extraordinary from an admin- Under this administration, in tril- because you are taking all of the peo- istration that said they wanted smaller lions of dollars we are talking about, in ple who are making a million, $5 mil- government and less spending. 2001 the amount of foreign-held Treas- lion, $10 million a year, and if we re- Put that issue aside for a second, this ury securities was $1 trillion. That is a instituted those tax rates prior to 2001, continues the budget deficit and in- massive amount of money. In the last 6 the 39.6 percent tax rate, some people creases it by another $400 billion. This years, it has now doubled to $2.3 tril- at the very highest level would pay is after, as the gentleman from New lion. Just to put it in perspective, the $40,000, $80,000, $100,000, $2 million a York said, this does not stop the big- amount of interest that we are paying year more in taxes. So when you aver- gest tax increase, the alternative min- this year, strictly interest, not prin- age that with the normal taxpayer, imum tax, which we tried to fix. We cipal, not amortizing of the principal yes, it comes to about $1,200 a year. had a very good way of fixing it this and interest together, just interest is If you phrased it another way, and year, and the President refused. Some over $300 billion. To me, that is money that would be the average American people on the other side of the aisle in we are just flushing down the drain. taxpayer would have his or her taxes the Senate refused to do it. It has to be If there was some fiscal discipline increased by, it wouldn’t be $1,200, it fixed. like the House leadership has been would be like $40 or $50, because the av- The President in his proposal cuts pushing, we could take that money and erage American working family earns Medicare and Medicaid. I don’t know do a number of things. We could take $55,000 a year. And that family, if we about you; I am sure you are hearing care of Americans first. How about all did not extend the Bush tax cuts, would the same thing I’m hearing. Our doc- of us, whether it is health care, job cre- see their taxes raised by a very small tors, our hospitals, our providers, they ation, job training, so many infrastruc- amount. The people at the higher end are taking care of our Medicare popu- ture issues in our communities; these would pay a lot more taxes. So the av- lation in our communities, and they are the issue of our day. erage tax increase, yes, it would be a

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.098 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H613 lot, but the average taxpayer would have been living under, and I think all b 2215 not see his or her taxes increased. Of of what has been highlighted has been They got together and they started course, we are not proposing that in spectacular. doing this. It is incredibly important. any event. I will also say that each of us who In fact, it was so important that in We have been talking that when we have read this budget have no problem 2001, on White House stationery that I do revisit those tax cuts that we look being up here late at night because it is might have, President Bush himself at the highest income levels. But the hard to sleep after you see it. Each of went to South Dakota and said, a pri- point is, when we are getting all of you have highlighted critical issues ority is to work with States on impor- these projections from the administra- and the things that we are getting done tant development projects, and the tion about what would happen in fu- and prioritizing. Lewis and Clark rural water project is ture years, as my colleague said, if we The idea of government is the collec- a project that will be in my budget, fix the alternative minimum tax and tive will that we can do together, and and something that we can work on to- don’t pay for it, and we don’t have that our job is to prioritize the things that gether. additional revenue, yes, we can under- this country needs to do. I think Mr. Well, it sounded good, especially in estimate the deficit that we will be ex- YARMUTH’s chart that he just showed South Dakota. The reality has been we periencing during those times. We can shows that this Nation under this have fought tooth and nail every step make the projections look good 4, 5 President has not prioritized. This of the way. The good news on this is, years out into the future, but that will President has set out an agenda that whether it be Republican or Democrat, not be the case. told us we could have something for the bipartisan commitment to this has One of the things I would like to talk nothing. He told us we can give tax been absolutely unbreakable. The local about because Mr. KLEIN mentioned cuts, and I appreciate you clearly illus- communities have even done some- this, the cost of interest on the na- trating the President’s creative use of thing that I think our constituents are tional debt, which has increased by an facts and statistics which he quite asking us. We always hear when we’re extraordinary amount. According to often does to theatrical effect but to spending money, oh, you tax and this budget, it would be $4 trillion just huge detriment to this Nation. spenders and all that. I think some- since 2001; $4 trillion based on a $5.7 I want to talk about this for a couple thing that’s important for people to trillion starting point. So we basically know, Mr. Speaker, is that those of us of minutes. We have done a wonderful have almost doubled the national debt, who are here have paid taxes before, job of highlighting the overall prin- the entire history, 220 years of this Na- too. I’m a school teacher, and 2005 was ciples. I want to talk about how this tion, we have almost doubled the na- the first year in my life that I filed impacts individuals. I want to talk tional debt just in the last few years. taxes right at the $50,000 a year range. about the idea of fiscal discipline and But here is where we really get a I’m the person who takes pencils when the incredibly shortsightedness of this vivid depiction of what this means. We they’re available to make sure I can administration, even in cases where are talking about interest on the na- use them in my classroom. I use both they may be able to cut something to tional debt of $300 billion a year. The sides of every sheet of paper. I want to save a little bit, the incredible cost not entire expenditure on education from see us get our money’s worth, too. This just in the suffering and what it is the Federal budget is $100 billion a project did that. Seventeen of these doing to the Nation, that aside, what it year. Veterans care is less than that, communities and municipalities and is doing in terms of just plain poor fi- and homeland security even less than States decided what they would do is nancial decisions. that. This is what has happened to the they would pay ahead to cut down on priorities in our budget because of the In my southern Minnesota district, the inflationary value of this project. irresponsibility of this government which stretches from the plains of The project was scheduled to last ap- over the last 7 years. South Dakota over to the Mississippi proximately 15 years. It’s a major re- So this is what we are talking about. River, and Minnesota as the Land of construction project, a major thing This is what we are confronting, and 10,000 Lakes is very diverse. The south- that’s happening. this is why I think all of us in the ma- west corner of my State that borders Well, the project got off and going, jority party in the Congress say we Iowa and South Dakota was the place started running. People are very ex- need to speak honestly, openly, and in- where the glaciers never reached, and cited about it. Everything is going telligently about what confronts us, it is one of the few places where you great, until we started running into about the challenges that we face, but don’t find a lot of the prairie potholes the last 7 years of the Bush presidency. also about what has happened over the and lakes, and the shortage of water is Last year in President Bush’s budget last few years. important and on people’s minds. This he cut the funding for this project All we ask of the administration is be is the area of Laura Ingalls Wilder’s down to $15 million a year. To give you honest about what you are saying, ‘‘Little House on the Prairie.’’ This is an idea of what that would do, instead what you are telling the American peo- the land where people want to raise of the completion date of 2016 that was ple. We will have a legitimate debate their children. We have prosperous scheduled, and remember, States, mu- with you and discussion about where communities that are incredibly di- nicipalities have paid ahead. They have our priorities should be. But first and verse that are leading the Nation in asked their taxpayers to pay taxes foremost, we need to be talking about things like biofuel production. We are ahead to save money in the long run, things in absolute terms and be honest the fifth leading district in wind pro- and overwhelmingly they said that. and transparent as we discuss how we duction. These are innovative people, And President Bush promised them are going to spend the taxpayers’ dol- but the one thing that they are missing that he would be there every step of lars. and what makes life so difficult is the the way. By the way, this is when he I am also proud to be joined tonight lack of drinking water. was sending off South Dakota’s sol- by the gentleman from Minnesota (Mr. We have places where people are liv- diers to go fight the war in Afghani- WALZ), the president of our freshman ing in 2008 where they have cisterns to stan. He promised them that he would class and a great spokesman for the collect water in order to drink good be there for their families. By his budg- working families of America. water. Well, these communities got to- eting cutting back to $15 million last Mr. WALZ of Minnesota. Mr. Speak- gether in Iowa, South Dakota, and year, it meant that the project would er, I had an opportunity to be at home Minnesota and they came together not be finished until 2051, and the cost and watch some of our colleagues with a creative solution. They were would go from about $527 million to speaking on this earlier. I think last going to use, where the abundance of nearly $900 million. night I saw in my State of Minnesota water was along the Missouri River in Now, this was the President that where we had caucuses, and we had South Dakota, they were going to use came to us with an M.B.A. He was the four times the record number of people the engineering skill of this Nation to CEO president. And what he’s saying is turning out. The American people are provide drinking water and the life- that he is not going to be able to make starting to listen. They start to under- blood of communities for 300,000 people the same fiscally responsible decisions stand the consequences of what we in a bipartisan manner. to keep these communities alive.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.100 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H614 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Well, what we did, as a joint delega- leaving the White House; we’ll see what that’s what American people want. tion, between Iowa, South Dakota and can happen if we do this. But I can tell They want people who are going to deal Minnesota, Republican and Democrat, you this: The people of Iowa and South with our problems and not deal with said that is wrong. And we went and Dakota and Minnesota aren’t laughing partisanship. asked, guess what, one of those awful about it. And I can darn sure guarantee With that, I will once again recognize earmarks appropriations to put the you that each of us is going to fight to my distinguished colleague from New Federal Government’s responsibility make it right. York (Mr. HALL). back to where it was supposed to be or I thank you for indulging me on this, Mr. HALL of New York. Thank you, near where it was supposed to be at $27 Mr. YARMUTH. You’ve done a fantastic Mr. YARMUTH. I appreciate your lead- million. job. You always lead a very important ing this discussion. I also want to ac- So now we’re approximately 5 years discussion. And I thank you and my knowledge my colleague from New from completion of this, and this won- colleagues for their open-mindedness. York (Mr. ARCURI). Thank you for serv- derful document that the President I agree with you. I’ll have this dis- ing as Speaker pro tem during this pe- sent out this week set his budget for cussion. I will debate with any member riod of time. the Lewis and Clark rural water of this administration or this House of I’d just like to respond to Mr. WALZ’s comment about what kind of sense project, zero dollars. He shut the Representatives on why, after the in- does it make for this cut in the water project down. So I guess what he’s tell- vestments that we’ve made, the impor- program in your district. Well, I can ing us is, the $300 million we’ve spent, tance of this project and the agreement say it makes about as much sense as the 300,000 people, communities, where, of constituents and the promise that the President’s completely eliminating was made by the President, why I’m in my district, they cannot issue an- the Byrne Grant program and the just supposed to accept this, and why other building permit in their cities be- COPS program, both of which are vital people say, can’t you all just get along cause they don’t have enough water. to my district to provide cops, addi- and get something done? He is telling them, leave the pipes half tional policemen on the streets in the If there was some sanity coming from finished. Let the people move else- 19th District of New York. It makes the administration, I would say yes. where. And you know what I said in about as much sense as cutting the im- But right now at this point I think the 2001, I didn’t really mean it because portant programs that provide local answer is no because this is going to be I’ve got other priorities. and State law enforcement agencies fought tooth and nail until this wrong Now, remember, this is the same with funds to fight terrorism and is corrected. President that told us that our fiscal crime, including almost $140 million Mr. YARMUTH. I thank my col- crisis now is simply being caused by that were cut from bioterrorism pre- league and want to yield again to Mr. our inability to make permanent the paredness. They make as much sense as HALL from New York. But before I do, tax cuts on 1 percent of Americans that the President cutting Medicare and I just wanted to add that, again, sitting actually aren’t expiring until 2011. Medicaid at a time when health insur- and listening to the State of the Union Now I stand here in front of the peo- ance costs are skyrocketing, when address and talking about the honesty ple, Mr. Speaker, and with my col- more and more Americans are forced to leagues to ask in a totally bipartisan that we need to have when we have this live without health insurance. This manner, what sense does this make? discussion, and all of a sudden the budget cuts $200 billion out of health What sense is this about prioritizing? President for the first time in this insurance from Medicare and Medicaid. What do these mayors tell their people State of the Union address takes on the At a time when we’re facing one of the when they made this decision based on question of earmarks. And all of a sud- most damaging housing crises in our what good government is? And if this den he’s critical of the Democratic history with foreclosures and evictions President is going to think you’re Congress because we had 11,000 or due to the subprime mortgage crisis, it going to do this alone, who’s going to something earmarks. But he never said makes as much sense as this President dig the 400-mile long trench from the a word for 6 years while the earmarks cutting the Nation’s largest rental as- Missouri River to feed these areas of expanded to somewhere in the realm of sistance program. It makes as much Iowa and Minnesota and South Da- 16,000. sense, as I mentioned before, as cutting kota? Now we can have debates over ear- the Low Income Home Energy Assist- I guess the President’s message has marks. I happen to think, as my col- ance Program by almost 25 percent, been what it’s been all along, whether leagues mentioned, that there are some preventing people in the lower income it’s been SCHIP, whether it’s been our very valid reasons to have earmarks. segment of our economy from being veterans, whether it’s been anything. And I think they have been demonized able to heat their homes during the I’ll be there until it comes time to probably unreasonably. But all of a winter. make some prioritizing decisions. At sudden the President finds fiscal reli- We were talking about your district. that point you’re on your own. He’s gion this year under a Democratic-con- I’ll talk about something specific to given us his ownership society which trolled Congress when he was silent for mine. We have, many of us think due truly does mean you’re on your own, 6 years. And the same is true of his pas- to climate change, suffered from three and now we have a situation where sion now for balanced budgets when 50-year floods in the last 3 years in the we’re going to go as a delegation and over the first 6 years of his administra- 19th District, the Delaware River, the have to fight for every dollar of some- tion with the Republican-controlled Wallkill River, the Ten Mile River, all thing as basic as infrastructure to de- Congress, he never issued a veto, never flooding farms, homes, businesses, golf liver water. threatened a veto of any spending bill courses, which might not sound too im- So I will have to tell you on the sa- as we accrued $3.7 or so trillion more in portant, except they do employ people credness of this House floor, it’s been debt, and he was silent. and they’re a source of economic input an overwhelming challenge to keep my All of a sudden now you have to sus- into the local economy. And, but as im- tongue on some of this, and I applaud pect that the only reason is partisan- portantly, lives were lost. In Congress- my colleagues in the same way. ship. That’s what we’re trying to get man HINCHEY’s district in Sullivan But I can tell you, Mr. Speaker, and away from in this country, and that’s County, there was a drastic, cata- tell my colleagues, I will not rest for 1 what we are trying to get away from as strophic flood shortly after the April 29 minute until this budget starts to re- we discuss the priorities of the coun- nor’easter, which was the third in 2007, flect the priorities of this Nation. try. Because, as you said, we’re inter- the third in a row of our 50-year floods There is nothing in this budget that re- ested in where the rubber meets the that came within 3 years. flects the priorities of this Nation. road, programs that help the American So last year, when I was new, I was a There is nothing in the people of my people, doing the best for the American freshman, wet behind the ears, just district, and I don’t care what political people and not necessarily what means been sworn in for my first turn, we got party they belong to, that reflects doing the best for a particular party. into the appropriations process. And their values. And there is absolutely no I think what we’re seeing, as you you know what it’s like. People come vision in this. I don’t know if maybe mentioned, in the turnout in voters in into your office from different depart- this is just a cruel joke on the way out, primaries throughout the country is ments of the government asking to

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.101 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H615 have funding restored to these different nese or to the Saudis or to the Mexican productivity, and they are the type of important programs that have been cut or Japanese Governments or investors investments we need to be focusing on. by the administration. One of those from other countries is it loses our sov- And when we look at this budget, the who came to my office was the general ereignty when we can’t talk to China field of education, and I’m on the Edu- who is the Army Corps of Engineers di- about Darfur or when we can’t talk to cation and Labor Committee and we rector of the Philadelphia district, China honestly about human rights are dealing with trying to decide which includes the Delaware water- violations in their country or about whether to reauthorize the No Child shed. Now, the Delaware Corps of Engi- the obliteration of the history of Tibet Left Behind Act which is already $55 neers offices go by watersheds, not by or about whether they’re being as billion below its authorized levels in State lines or any kind of political ju- tough with North Korea about their funding. And the President, once again, risdictions. Her district, the general’s, nuclear problem as we want them to be has no increases in funding for edu- ran from Philadelphia up to Delaware or about lead in toys that are being im- cation in this budget, which means we and into New York from Pennsylvania ported for our children to play with or fall further and further behind. and all the way up to the reservoirs about contaminated food or animal So while he called his act No Child that feed New York City’s drinking feed or contaminated medicine. When Left Behind, where, in fact, we are water system. This is one of the rivers we can’t talk to the Saudis honestly leaving more and more children behind that has had, at that point in time, about human rights violations in their because we are not meeting our obliga- three 50-year floods in a short span. country or about their funding of the tions to make the kind of investments She came in to ask if I could help re- madrasas, we have suffered what I call in people and in an infrastructure that store funding. And I said, well, what a loss of sovereignty. When you no really will pay off over the long run. And I know this is something that is was it cut to? And she showed me in longer can make honest, diplomatic, an entire range of topics that Mr. the President’s budget it was cut to economic, military, international deci- KLEIN has dealt with and has had to set zero. It was a goose egg. sions or really state what is in your priorities in his own legislature in Now, flood control, in the days after best interest because you are afraid Florida, and I would like to yield to Hurricane Katrina, we all know is a se- that your hands are tied for want of him to advance the discussion. rious matter. This obviously is not a getting a commodity from one place or serious document any more than last Mr. KLEIN of Florida. Thank you. I the money to pay the debt off from an- think both of you were talking about year’s budget was a serious document. other place, then you have lost some of This document is a fictitious document two priorities of our country and the your sovereignty. shortfalls and where we need to be, that is aimed at pretending to balance And I’m telling you, in this country, the budget in 2012. And we all know where we’ve been, and where we are the American people are not aware of going as a country. And I think we that can’t be done. And, in fact, the the extent of it yet, but they better get general and others who have come from look at ourselves, and you hear this in aware of it because this is already a the Presidential debates right now different departments to my office and major factor in our foreign policy, but others have said, off the record, that about the vision. And any Presidential it will be more and more of a problem candidate that comes forward and it’s done with the knowledge that the and restrict our options more and more Democratic majority will restore some talks about the vision of what our in the future if we do not get back to country needs to be, where we need to of these funds at least to be able to a surplus in terms of our budget, if we keep the programs going and to protect go, the heritage of our country, the don’t get back to a surplus in the bal- legacy of all of the great innovation people, and then we’ll get blamed for ance of trade, if we don’t start pro- being big spenders. that’s happened and the fact that ducing things here. I, personally, am maybe we’ve missed a couple of steps. Well, in terms of being big spenders, especially fond of the options of renew- I just want to bring out this chart Not to say we can’t regain and con- able energy technologies and high tech which I happen to have here which tinue to move forward, because that’s and computer and medical advances shows the surplus that was the United exactly what we are going to do. But it and so on that we have traditionally States budget surplus when, in 2001, the is going to take some new leadership led the world in. Bush administration began its term. through the Congress, through the But we need to invest in education, Presidency and through the American There was a $5.6 trillion surplus. In the we need to invest in these innovation time since then, there’s red ink of $8.8 people, and through our business com- approaches to technologies and espe- munity as well. It is a cooperative ef- trillion, so that at this point in time cially to invest in new forms of energy we’re at a $3.2 trillion deficit, including fort. to get us away from the billions of dol- omitted items. And I think about a few of the things lars a day that go to import oil. Now, we all know there are items that are the priorities that help us get But all of these things are our free- that are not included in this. For in- there. Education, as you just said, is dom, and they equate our future sov- stance, the war is off budget. We fought one of them. And one of the things that ereignty. And I hope we make the right wars in the past, World War II or the concerned me about the budget was the decisions, as opposed to the wrong deci- Korean War or the Vietnam War, World fact that the President had dropped the sions, that are embodied in this budget War I, during which time people were amount of college grants and the tui- that the President just released so that asked to sacrifice. People were asked tion assistance programs in the budget. our children and grandchildren will to pay for the war as they went. And again, once again, this Congress, This is a war that we’re borrowing enjoy being a truly sovereign country bipartisan, came forward and increased money to pay for, and Congressman and a leader in the world in these the Pell Grants and increased the col- things rather than being subservient to KLEIN’s chart that he showed before, of lege tuition, because if there’s one the increasing foreign ownership of our whatever foreign interests happen to thing I think we can all agree on as debt, I think, is really important and own our debt. Americans, every student, every teen- Mr. YARMUTH. I appreciate him really interesting for several reasons. ager, every adult who wants to get a mentioning the field of education be- Obviously it’s not healthy for us to higher level of education and create a cause you can have, as I mentioned have this much debt and to accumulate greater level of workforce training earlier, two forms of expenditure in an ever-growing interest payment that which will only make their lives more government. You can have expendi- eclipses anything we can do for edu- productive and make their country tures that are nonproductive, and one cation or for housing or for veterans or more productive, that’s a good thing. It of those, I think, is the war in Iraq. In- for homeland security and that we’re always has been. Education has been terest on the debt is another one, be- going to pass on to our children and the great equalizer in the United cause there is no long-term payback to our grandchildren. States, and we ought to be doing every- those expenditures. Education, invest- thing we can to make sure that we are b 2230 ment in infrastructure, as Mr. WALZ giving that access and that oppor- That’s really unconscionable. was discussing, those are the types of tunity for every student. But the other thing that that does to things that over the long run do So, again, a misdirection in this have that kind of huge debt to the Chi- produce increased revenues for society budget which needs to be corrected.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.102 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H616 CONGRESSIONAL RECORD — HOUSE February 6, 2008 Another thing that I think is ex- time, as we already talked about, when So I would like to allow everyone to tremely important, and all of us have energy companies are making incred- close briefly to whatever they have to some family history of illness whether ible, historic amounts of money, we say kind of related to that funda- it is Alzheimer’s, whether it is kidney need to work together to substitute mental choice we face or to talk about disease, or whether it is cancer or those resources for renewable energy the issue of priorities as we look for- heart disease. And one of the things programs, which I know the Congress- ward to this budget process again this that our government has consistently man from New York has been all over year. done working with the private sector is and all of us feel very strongly about. Mr. WALZ of Minnesota. I so enjoy research, basic research, which will This is our moment. This is our time. listening to the eloquence and thought- hopefully find cures. This is our ‘‘Sputnik’’ moment. This is fulness of this. The gentleman did sum I know my mother passed away at a our putting-the-man-on-the-moon mo- it up about the priorities, and both young age of 52. She was a very vibrant ment. This is the time for the Amer- gentlemen from Kentucky, Florida, person and developed cancer, and after ican people to work together with the and New York focusing on education she went through some treatments business, private sector, and govern- and seeing it as an investment. over a period of time, we lost her. But ment to create the markets and to do Of course, being a high school teach- it certainly gave me that commitment, it. But we have to do it and start that er, every chance I get to get into a and I know I fought along with many process now. classroom, I jump at it. And Monday I Members of the Congress, and the peo- So I think there are long-term and had the chance to teach a government ple who are listening tonight have short-term issues on our economy. I class in a small town actually in the their own family histories. And we look forward to working on infrastruc- area served by the Lewis and Clark know that collectively, we have to find ture issues with everyone else, recog- Rural Water Project. And I will just ways of curing diseases. nizing, as our Speaker said last week, leave you this, and you can decide, Cuts in this budget to the grants for in 1806 you had the Louisiana Purchase again, what sense does this make. research, wrong direction. Really period of time, and that was a moment The teacher was very excited about wrong direction. I feel extremely when President Jefferson said, This is their first-year teaching job. They strong about this that we need to have the time we are going to start building started out making $28,500 a year. Be- the National Institute of Health grants our country: the Erie Canal and the cause of the decisions that have been to work with scientists or universities canal systems, the road systems that made here and the decisions that have in our health institutions to find the got our country going in the industrial been made in St. Paul, the insurance therapies, to find the cures, to help revolution. for that family for him to provide for make people’s lives better. It’s also a A hundred years later, 1908, President his wife and children was $14,100. So be- wonderful way of expanding our eco- Roosevelt coming forward and saying, fore taxes, our schoolteachers are mak- nomic opportunity in exporting and li- This country is building and devel- ing $14,400. If you take taxes out of censing and creating technologies to oping. Let’s preserve some of our great this, we probably have a violation of help people around the world and sell- areas, and we developed the National minimum wage that’s happening. ing those products around the world as Parks System. That’s the decisions that have been well. So, again, something we need to Now 100 years later, to her credit, made. fix in this budget. Speaker NANCY PELOSI saying this is But I go back to, once again, the I think the gentleman mentioned the our time to now focus on rebuilding President is not talking about that. COPS program, which is something this country: our road systems, sewer The President is asking for how can we that is very much on our streets, and systems, bridge systems, all of those make tax cuts permanent for million- that’s, of course, the ability to have kinds of things. It has everything to do aires, and this Nation needs to decide safety and public safety and security in with the economy. It has everything to what is our next generation going to do our communities. I know in my local do with the quality of life. Our com- if we’re not willing to invest. community, $8.5 million in our area merce, people’s quality of life, these Mr. YARMUTH. I would like to yield would be cut from that funding. That’s are the things that we need to be work- to my colleague from New York. real dollars that affect real people in ing on together. Where there’s a will, Mr. HALL of New York. I would like terms of putting police and security on there’s a way is my attitude, and I to close by saying as college costs rise, our streets. It is one of the most impor- know we are going to do this all to- this President eliminates programs to tant things our government can do to gether. help pay low-income students for high- provide for the public safety. Mr. YARMUTH. It’s always wonder- er education. As health care costs rise, These are the kinds of things that ful to discuss these issues with my col- this budget proposes a significant cut are misdirections. They can all be league on the floor. in both Medicare and Medicaid. It actu- fixed. It is a question of all of us com- And we have just a few minutes left. ally cuts funding for the Environ- ing together, putting a budget to- We have a fundamental decision to mental Protection Agency, which gether, hopefully persuading the Presi- make in this country, and it is a basic would endanger the health and welfare dent that these were mistakes and we choice, and that is what the role of of all Americans. need to come back and fix them. government is, what the role of the So to quote from this President And lastly, of course, I just want to Federal Government is. And on the one Bush’s father, the first President, Her- touch on the fact of our economy, and side, I think we have those that believe bert Walker Bush, when he was re- the people back home are hurting right the role of the Federal Government is sponding to the invasion of Kuwait by now. And we hear it every day, whether to get out of the way and to let what- Saddam Hussein, This will not stand. I it is subprime, whether it is fore- ever happens happen. And the other will say, as far as this budget being closures, any number of things; and the side, and I think most of us in this brought to this Congress, this will not Congress is working right now, and we room would agree, that there is a le- stand. It will be changed, and I hope will be passing, in the next number of gitimate role for the government to try the next time around on the floor of days, an economic stimulus, which is to promote the type of progress the House we will be talking about the designed to be short term. It’s designed through investments and the proper positive changes that we’ve made to re- as a little bit of a prop up and a sup- priorities that will make this a better flect the priorities of the American port of people. It will give them some country, and, basically, whether you people which we were elected to cash and hopefully retire some of those believe government has a role in set- espouse. responsibilities and pay for some of the ting the direction of the country or Mr. YARMUTH. I thank the gen- necessities. whether it is basically just to get out tleman for his comments, and I’d like But long term, we have got to work of the way and let the most powerful to call on Mr. KLEIN from Florida for together on energy issues. It’s already people and the biggest corporations de- closing remarks. been discussed. Paying $50, $60 for a cide what is going to happen and let Mr. KLEIN of Florida. I am an eter- tank of gas on someone who is earning kind of a Darwinian atmosphere pre- nal optimist, like everyone in the $30,000 a year is a real issue. And at a vail. Chamber, Democrats and Republicans.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.103 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H617 I feel the American people are up to Department of Veterans Affairs Outpatient (The following Members (at the re- the challenge. We are up to sacrifice. Clinic’’. quest of Mr. POE) to revise and extend And we’re going to do this. And we will H.R. 2671. To designate the United States their remarks and include extraneous convince the administration along the courthouse located at 301 North Miami Ave- material:) nue, Miami, Florida, as the ‘‘C. Clyde Atkins way here that it’s the right thing to do. United States Courthouse’’. Mr. FRANKS of Arizona, for 5 minutes, And we’re going to continue to rebuild H.R. 2761. An act to extend the Terrorism today and February 7, 8, and 12. our country and be successful. But let’s Insurance Program of the Department of the Mr. POE, for 5 minutes, today and put our nose down and work hard. And Treasury, and for other purposes. February 7, 8, 12, and 13. I look forward to working with all my H.R. 3648. An act to amend the Internal Mr. JONES of North Carolina, for 5 colleagues to accomplish that. Revenue Code of 1986 to exclude discharges of minutes, today and February 7, 8, 12, Mr. YARMUTH. I thank all my col- indebtedness on principal residences from and 13. gross income, and for other purposes. leagues. And I’d like to end where we Mr. BURTON of Indiana, for 5 minutes, H.R. 3703. To amend section 5112(p)(1)(A) of began, and that is that when these ma- title 31, United States Code, to allow an ex- today and February 7 and 8. jority makers, our freshman class, was ception from the $1 coin dispensing capa- f elected in 2006, we were elected because bility requirement for certain vending ma- the country thought that the govern- chines. SENATE BILL AND JOINT ment of the United States had the H.R. 3739. To amend the Arizona Water RESOLUTION REFERRED wrong priorities, that we needed a new Settlements Act to modify the requirements for the statement of findings. A bill and a joint resolution of the set of priorities, we needed a new direc- Senate of the following titles were tion. We’ve committed ourselves to f taken from the Speaker’s table and, that new direction. I think as we ap- LEAVE OF ABSENCE under the rule, referred as follows: proach this budgetary process and all S. 550. An act to preserve existing judge- areas that we have to do, we will seek By unanimous consent, leave of ab- sence was granted to: ships on the Superior Court of the District of a new direction for the American peo- Columbia; to the Committee on Oversight Mr. BOUCHER (at the request of Mr. ple. and Government Reform. HOYER) for today and the balance of f S.J. Res. 25. Joint resolution providing for the week. the appointment of John W. McCarter as a OMISSION FROM THE CONGRES- Mr. RUPPERSBERGER (at the request citizen regent of the Board of Regents of the SIONAL RECORD OF WEDNES- of Mr. HOYER) for today and the bal- Smithsonian Institution; to the Committee DAY, DECEMBER 19, 2007 AT ance of the week on account of medical on House Administration. PAGE H16940 reasons. f Mr. TANNER (at the request of Mr. HOYER) for today and the balance of ENROLLED BILLS SIGNED Lorraine C. Miller, Clerk of the the week on account of tornado devas- Ms. Lorraine C. Miller, Clerk of the House reported that on December 13, tation in the district. House, reported and found truly en- 2007, she presented to the President of Ms. WOOLSEY (at the request of Mr. rolled bills of the House of the fol- the United States, for his approval, the HOYER) for today and the balance of lowing titles, which were thereupon following bill. the week. signed by the Speaker on Thursday, H.J. Res. 69. Making further continuing ap- Mr. WYNN (at the request of Mr. January 31, 2008: propriations for the fiscal year 2008, and for HOYER) for today after 6 p.m. on ac- other purposes. H.R. 5104. An act to extend the Protect count of a family emergency. America Act of 2007 for 15 days. Lorraine C. Miller, Clerk of the Mr. GINGREY (at the request of Mr. On Monday, February 4, 2008: House also reported that on December BOEHNER) for today on account of at- H.R. 4253. An act to improve and expand 18, 2007, she presented to the President tending a funeral. of the United States, for his approval, small business assistance programs for vet- Mr. KUHL of New York (at the re- erans of the armed forces and military re- the following bill. quest of Mr. BOEHNER) for today on ac- servists, and for other purposes. H.R. 6. An act to reduce our Nation’s de- count of personal reasons. f pendency on foreign oil by investing in Mr. PETRI (at the request of Mr. clean, renewable, and alternative energy re- BOEHNER) for today on account of se- SENATE ENROLLED BILL SIGNED sources, promoting new emerging energy vere winter storms in Wisconsin pre- technologies, developing greater efficiency, The Speaker announced her signa- and creating a Strategic Energy Efficiency venting him from making votes. ture to an enrolled bill of the Senate of and Renewables Reserve to invest in alter- Mr. RYAN of Wisconsin (at the re- the following title: native energy, and for other purposes. quest of Mr. BOEHNER) for today on ac- count of severe winter storms in Wis- S. 2110. An act to designate the facility of f the United States Postal Service located at consin preventing him from making 427 North Street in Taft, California, as the OMISSION FROM THE CONGRES- votes. ‘‘Larry S. Pierce Post Office.’’ SIONAL RECORD OF FRIDAY, DE- Mr. WHITFIELD (at the request of Mr. f CEMBER 28, 2007 AT PAGE H16954 BOEHNER) for today on account of sur- veying tornado damage in the First BILL PRESENTED TO THE Lorraine C. Miller, Clerk of the Congressional District of Kentucky. PRESIDENT House reported that on December 19, f Lorraine C. Miller, Clerk of the 2007, she presented to the President of SPECIAL ORDERS GRANTED House, reports that on January 30, 2008, the United States, for his approval, the she presented to the President of the By unanimous consent, permission to following bills. United States, for his approval, the fol- address the House, following the legis- lowing bills: H.R. 797. To amend title 38, United States lative program and any special orders Code, to improve compensation benefits for H.R. 5104. To extend the Protect America veterans in certain cases of impairment of heretofore entered, was granted to: Act of 2007 for 15 days. vision involving both eyes, and for other pur- (The following Members (at the re- poses. quest of Ms. SUTTON) to revise and ex- f H.R. 1585. An act to authorize appropria- tend their remarks and include extra- tions for fiscal year 2008 for military activi- neous material:) ADJOURNMENT ties of the Department of Defense, for mili- Ms. WOOLSEY, for 5 minutes, today. Mr. YARMUTH. Mr. Speaker, I move tary construction, and for defense activities Ms. SUTTON, for 5 minutes, today. that the House do now adjourn. of the Department of Energy, to prescribe Mr. DEFAZIO, for 5 minutes, today. The motion was agreed to; accord- military personnel strengths for such fiscal year, and for other purposes. Ms. KAPTUR, for 5 minutes, today. ingly (at 10 o’clock and 45 minutes H.R. 2408. To designate the Department of Ms. NORTON, for 5 minutes, today. p.m.), the House adjourned until to- Veterans Affairs outpatient clinic in Green Mr. BISHOP of New York, for 5 min- morrow, Thursday, February 7, 2008, at Bay, Wisconsin, as the ‘‘Milo C. Huempfner utes, today. 10 a.m.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K06FE7.104 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H618 CONGRESSIONAL RECORD — HOUSE February 6, 2008 EXECUTIVE COMMUNICATIONS, ceived January 25, 2008, pursuant to 5 U.S.C. sion, transmitting the Commission’s final ETC. 801(a)(1)(A); to the Committee on Energy and rule — In the matter of Amendment of Sec- Commerce. tion 73.202(b) FM Table of Allotments, FM Under clause 8 of rule XII, executive 5193. A letter from the Director, Regu- Broadcast Stations. (Charlo, Montana) [MB communications were taken from the latory Management Division, Environmental Docket No. 07-143 RM-11381] received Janu- Speaker’s table and referred as follows: Protection Agency, transmitting the Agen- ary 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 5183. A letter from the Congressional Re- cy’s final rule — Health and Safety Data Re- to the Committee on Energy and Commerce. view Coordinator, Department of Agri- porting; Addition of Certain Chemicals 5203. A letter from the Chief of Staff, Media culture, transmitting the Department’s final [EPA-HQ-OPPT-2007-0487; FRL-8154-2] (RIN: Burea, Federal Communications Commis- 2070-AB11) received January 25, 2008, pursu- rule — Bovine Spongiform Encephalopathy; sion, transmitting the Commission’s final ant to 5 U.S.C. 801(a)(1)(A); to the Committee Minimal-Risk Regions; Identification of rule — In the Matter of Amendment of Sec- on Energy and Commerce. Ruminants, and Processing and Importation tion 73.202(b), Table of Allotments, FM 5194. A letter from the Director, Regu- Broadcast Stations. (Live Oak, Florida) [MB of Commodities [Docket No. APHIS-2006- latory Management Division, Environmental 0026-3] (RIN: 0579-AC45) received January 22, Docket No. 07-131 RM-11377] received Janu- Protection Agency, transmitting the Agen- ary 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the cy’s final rule — Approval and Promulgation Committee on Agriculture. to the Committee on Energy and Commerce. of Air Quality Implementation Plans; Michi- 5204. A letter from the Assistant Legal Ad- 5184. A letter from the Assistant Secretary gan; Oxides of Nitrogen Regulations, Phase for Legislative Affairs, Department of State, viser for Treaty Affairs, Department of II [EPA-R05-OAR-2007-0024; FRL-8519-4] re- State, transmitting Copies of international transmitting a report on U.S. military per- ceived January 24, 2008, pursuant to 5 U.S.C. sonnel and U.S. individual civilians retained agreements, other than treaties, entered into 801(a)(1)(A); to the Committee on Energy and by the United States, pursuant to 1 U.S.C. as contractors involved in supporting Plan Commerce. Colombia, pursuant to Public Law 106-246, 112b; to the Committee on Foreign Affairs. 5195. A letter from the Director, Regu- 5205. A letter from the Deputy Director, section 3204 (f); to the Committee on Armed latory Management Division, Environmental Defense Security Cooperation Agency, trans- Services. Protection Agency, transmitting the Agen- mitting the FY 2007 annual report in accord- 5185. A letter from the Counsel for Legisla- cy’s final rule — Approval and Promulgation ance with Section 655 of the Foreign Assist- tion and Regulations, Department of Hous- of Air Quality Implementation Plans; Maine; ance Act of 1961 (FAA); to the Committee on ing and Urban Development, transmitting Ozone Maintenance Plans [EPA-R01-OAR- Foreign Affairs. the Department’s final rule — FHA Ap- 2007-0963; A-1-FRL-8522-1] received January 5206. A letter from the Assistant Secretary praiser Roster Requirements [Docket No. 24, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to for Legislative Affairs, Department of State, FR-5112-F-01] (RIN: 2502-AI53) received Janu- the Committee on Energy and Commerce. transmitting pursuant to section 36(d) of the ary 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 5196. A letter from the Director, Regu- Arms Export Control Act, certification re- to the Committee on Financial Services. latory Management Division, Environmental garding the proposed license for the manu- 5186. A letter from the Legal Information Protection Agency, transmitting the Agen- facture of military equipment to the Govern- Assistant, Department of the Treasury, cy’s final rule — Approval and Promulgation ment of Colombia (Transmittal No. DDTC transmitting the Department’s final rule — of Air Quality Implementation Plans; Con- 093-07); to the Committee on Foreign Affairs. Identity Theft Red Flags and Address Dis- necticut; State Implementation Plan Revi- 5207. A letter from the Assistant Secretary sion to Implement the Clean Air Interstate crepancies Under the Fair and Accurate for Legislative Affairs, Department of State, Rule [EPA-R01-OAR-2007-0399; FRL-8517-4] re- Credit Transactions Act of 2003 [Docket ID transmitting a report pursuant to Section 3 ceived January 24, 2008, pursuant to 5 U.S.C. OCC-2007-0017] (RIN: 1557-AC87) received Jan- of the Arms Export Control Act, as amended, 801(a)(1)(A); to the Committee on Energy and uary 29, 2008, pursuant to 5 U.S.C. detailing an unauthorized retransfer of U.S.- Commerce. 801(a)(1)(A); to the Committee on Financial granted defense articles; to the Committee Services. 5197. A letter from the Director, Regu- latory Management Division, Environmental on Foreign Affairs. 5187. A letter from the Director, Office of 5208. A letter from the Assistant Secretary Protection Agency, transmitting the Agen- Legislative Affairs, Federal Deposit Insur- for Legislative Affairs, Department of State, ance Corporation, transmitting the Corpora- cy’s final rule — State Operating Permit Programs; Ohio; Revisions to the Acid Rain transmitting Pursuant to section 565(b) of tion’s final rule — Rules of Practice and Pro- the Foreign Relations Authorization Act for cedure (RIN: 3064-AD22) received January 29, Regulations [EPA-R05-OAR-2007-1198; FRL- 8521-3] received January 24, 2008, pursuant to FY 1994 and 1995 (Pub. L. 103-236), certifi- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the cations and waivers of the prohibition Committee on Financial Services. 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. against contracting with firms that comply 5188. A letter from the Secretary, Securi- with the Arab League Boycott of the State ties and Exchange Commission, transmitting 5198. A letter from the Director, Regu- latory Management Division, Environmental of Israel and of the prohibition against con- the Commission’s final rule — Electronic tracting with firms that discriminate in the Shaireholder Forums [Release No. 34-57172; Protection Agency, transmitting the Agen- cy’s final rule — Massachusetts; Final Au- award of subcontracts on the basis of reli- IC-28124; File No. S7-16-07] (RIN: 3235-AJ92) thorization of State Hazardous Waste Man- gion, and accompanying Memorandum of received January 23, 2008, pursuant to 5 agement Program Revisions [EPA-R01- Justification; to the Committee on Foreign U.S.C. 801(a)(1)(A); to the Committee on Fi- RCRA-2007-1171; FRL-8521-8] received Janu- Affairs. nancial Services. ary 24, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 5209. A letter from the Assistant Secretary 5189. A letter from the Attorney, Office of to the Committee on Energy and Commerce. for Legislative Affairs, Department of State, Assistant General Counsel for Legislation 5199. A letter from the Director, Regu- transmitting the Department’s 2007 Annual and Regulatory Law, Department of Energy, latory Management Division, Environmental Report on U.S. Government Assistance to transmitting the Department’s final rule — Protection Agency, transmitting the Agen- and Cooperative Activities with Eurasia and Workplace Substance Abuse Programs at cy’s final rule — National Emission Stand- the Fiscal Year 2007 Annual Report on U.S. DOE Sites (RIN: 1992-AA38) received January ards for Hazardous Air Pollutants for Iron Government Assistance to Eastern Europe 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to and Steel Foundries [EPA-HQ-OAR-2002-0034; under the Support for East European Democ- the Committee on Energy and Commerce. FRL-8522-4] (RIN: 2060-AM85) received Janu- racy Act, as required by Pub. L. 101-179, Sec. 5190. A letter from the Director, Regula- ary 24, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); 704(c); to the Committee on Foreign Affairs. tions Policy and Mgmt. Staff, Department of to the Committee on Energy and Commerce. 5210. A letter from the Assistant Secretary Health and Human Services, transmitting 5200. A letter from the Deputy Chief, CGB, for Legislative Affairs, Department of State, the Department’s final rule — Index of Le- Federal Communications Commission, trans- transmitting a report pursuant to Paragraph gally Marketed Unapproved New Animal mitting the Commission’s final rule — In the (5)(D) of the Senate’s May 1997 resolution of Drugs for Minor Species [Docket No. 2006N- Matter of Telecommunications Relay Serv- advice and consent to the ratification of the 0067] (RIN: 0910-AF67) received January 23, ices and Speech-to-Speech Services for Indi- Conventional Armed Forces in Europe Trea- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the viduals with Hearing and Speech Disabilities ty Flank Document of May 31, 1996; to the Committee on Energy and Commerce. [CG Docket No. 03-123] received January 29, Committee on Foreign Affairs. 5191. A letter from the Director, Regu- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5211. A letter from the Chair, J. William latory Management Division, Environmental Committee on Energy and Commerce. Fulbright Foreign Scholarship Board, trans- Protection Agency, transmitting the Agen- 5201. A letter from the Chief of Staff, Media mitting the annual report of the J. William cy’s final rule — Fluopicolide; Pesticide Tol- Bureau, Federal Communications Commis- Fulbright Foreign Scholarship Board for erance [EPA-HQ-OPP-2006-0481; FRL-8341-6] sion, transmitting the Commission’s final 2006-2007; to the Committee on Foreign Af- received January 25, 2008, pursuant to 5 rule — In the Matter of Carriage of Digital fairs. U.S.C. 801(a)(1)(A); to the Committee on En- Television Broadcast Signals: Amendment to 5212. A communication from the President ergy and Commerce. Part 76 of the Commission’s Rules [CS Dock- of the United States, transmitting a report 5192. A letter from the Director, Regu- et No. 98-120] received January 29, 2008, pur- including matters relating to the interdic- latory Management Division, Environmental suant to 5 U.S.C. 801(a)(1)(A); to the Com- tion of aircraft engaged in illicit drug traf- Protection Agency, transmitting the Agen- mittee on Energy and Commerce. ficking, pursuant to 22 U.S.C. 2291-4; (H. Doc. cy’s final rule — Boscalid; Denial of Objec- 5202. A letter from the Chief of Staff, Media No. 110–91); to the Committee on Foreign Af- tions [EPA-HQ-OPP-2005-0145; FRL-8347-3] re- Bureau, Federal Communications Commis- fairs and ordered to be printed.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\L06FE7.000 H06FEPT1 wwoods2 on PRODPC68 with HOUSE February 6, 2008 CONGRESSIONAL RECORD — HOUSE H619 5213. A letter from the Chairman, Council the Committee on Oversight and Govern- cies for Official Purposes [Docket No. DHS- of the District of Columbia, transmitting a ment Reform. 2006-0030] (RIN: 1601-AA37) received January copy of D.C. ACT 17-256, ‘‘Bicycle Registra- 5226. A letter from the Chairman, Council 14, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to tion Reform Amendment Act of 2008,’’ pursu- of the District of Columbia, transmitting a the Committee on Oversight and Govern- ant to D.C. Code section 1-233(c)(1); to the copy of D.C. ACT 17-272, ‘‘Small Business ment Reform. Committee on Oversight and Government Commercial Property Tax Relief Act of 5238. A letter from the Deputy Under Sec- Reform. 2008,’’ pursuant to D.C. Code section 1- retary for Management, Department of 5214. A letter from the Chairman, Council 233(c)(1); to the Committee on Oversight and Homeland Security, transmitting in accord- of the District of Columbia, transmitting a Government Reform. ance with Section 647(b) of Division F of the copy of D.C. ACT 17-257, ‘‘Enhanced Profes- 5227. A letter from the Chairman, Council Consolidated Appropriations Act, FY 2004, sional Security Amendment Act of 2008,’’ of the District of Columbia, transmitting a Pub. L. 108-199, the Department’s report on pursuant to D.C. Code section 1-233(c)(1); to copy of D.C. ACT 17-271, ‘‘Public Education competitive sourcing efforts for FY 2007; to the Committee on Oversight and Govern- Personnel Reform Amendment Act of 2008,’’ the Committee on Oversight and Govern- ment Reform. pursuant to D.C. Code section 1-233(c)(1); to ment Reform. 5215. A letter from the Chairman, Council the Committee on Oversight and Govern- 5239. A letter from the Assistant Secretary of the District of Columbia, transmitting a ment Reform. for Administration and Mgmt., Department copy of D.C. ACT 17-258, ‘‘Appointment of the 5228. A letter from the Chairman, Council of Labor, transmitting a report pursuant to Chief Medical Examiner Amendment Act of of the District of Columbia, transmitting a the Federal Vacancies Reform Act of 1998; to 2008,’’ pursuant to D.C. Code section 1- copy of D.C. ACT 17-264, ‘‘Closing of Public the Committee on Oversight and Govern- 233(c)(1); to the Committee on Oversight and Alley in Square 696, S.O. 07-8302, Act of 2008,’’ ment Reform. Government Reform. pursuant to D.C. Code section 1-233(c)(1); to 5240. A letter from the Assitant Secretary 5216. A letter from the Chairman, Council the Committee on Oversight and Govern- for Administration and Mgmt., Department of the District of Columbia, transmitting a ment Reform. of Labor, transmitting a report pursuant to copy of D.C. ACT 17-259, ‘‘Health Services 5229. A letter from the Chairman, Council the Federal Vacancies Reform Act of 1998; to Planning Program Amendment Act of 2008,’’ of the District of Columbia, transmitting a the Committee on Oversight and Govern- pursuant to D.C. Code section 1-233(c)(1); to copy of D.C. ACT 17-262, ‘‘Arthur Capper/ ment Reform. the Committee on Oversight and Govern- Carrollsburg Public Improvements Revenue 5241. A letter from the Secretary, Depart- ment Reform. Bonds Approval Amendment Act of 2008,’’ ment of Veterans Affairs, transmitting in ac- 5217. A letter from the Chairman, Council pursuant to D.C. Code section 1-233(c)(1); to cordance with Section 647(b) of Division F of of the District of Columbia, transmitting a the Committee on Oversight and Govern- the Consolidated Appropriations Act, FY copy of D.C. ACT 17-261, ‘‘Frank Harris, Jr. ment Reform. 2004, Pub. L. 108-199, the Department’s report Justice Amendment Act of 2008,’’ pursuant to 5230. A letter from the Chairman, Council on competitive sourcing efforts for FY 2007; D.C. Code section 1-233(c)(1); to the Com- of the District of Columbia, transmitting a to the Committee on Oversight and Govern- mittee on Oversight and Government Re- copy of D.C. ACT 17-260, ‘‘Effi Slaughter ment Reform. form. Barry HIV/AIDS Initiative Act of 2008,’’ pur- 5242. A letter from the Assistant Adminis- 5218. A letter from the Chairman, Council suant to D.C. Code section 1-233(c)(1); to the trator, Environmental Protection Agency, of the District of Columbia, transmitting a Committee on Oversight and Government transmitting in accordance with Section copy of D.C. ACT 17-263, ‘‘Tregaron Conser- Reform. 647(b) of Division F of the Consolidated Ap- vancy Tax Exemption and Relief Act of 5231. A letter from the Chair, CPB Board of propriations Act, FY 2004, Pub. L. 108-199, the 2008,’’ pursuant to D.C. Code section 1- Directors, Corporation for Public Broad- Agency’s report on competitive sourcing ef- 233(c)(1); to the Committee on Oversight and casting, transmitting the semiannual report forts for FY 2007; to the Committee on Over- Government Reform. of the Office of the Inspector General for the sight and Government Reform. 5219. A letter from the Chairman, Council period ending September 30, 2007, pursuant to 5243. A letter from the Administrator, En- of the District of Columbia, transmitting a 5 U.S.C. app. (Insp. Gen. Act), section 5(b); to vironmental Protection Agency, transmit- copy of D.C. ACT 17-265, ‘‘Fiscal Year 2008 the Committee on Oversight and Govern- ting the Agency’s report entitled ‘‘Annual Supplemental Appropriations Temporary ment Reform. Report to Congress on Implementation of Act of 2008,’’ pursuant to D.C. Code section 1- 5232. A letter from the Deputy Chief Public Law 106-107’’; to the Committee on 233(c)(1); to the Committee on Oversight and Human Capital Officer, Department of Com- Oversight and Government Reform. Government Reform. merce, transmitting the Department’s report 5244. A letter from the Chairman and Chief 5220. A letter from the Chairman, Council on the use of the Category Rating System, Executive Officer, Farm Credit Administra- of the District of Columbia, transmitting a pursuant to 5 U.S.C. 3319; to the Committee tion, transmitting a copy of the annual re- copy of D.C. ACT 17-273, ‘‘District Funds Re- on Oversight and Government Reform. port in compliance with the Government in served Act of 2008,’’ pursuant to D.C. Code 5233. A letter from the Senior Procurement the Sunshine Act covering the calendar year section 1-233(c)(1); to the Committee on Executive and Director, Office of Acquisition 2006, pursuant to 5 U.S.C. 552b; to the Com- Oversight and Government Reform. Management and Procurement Executive, mittee on Oversight and Government Re- 5221. A letter from the Chairman, Council Department of Commerce, transmitting in form. of the District of Columbia, transmitting a accordance with Section 647(b) of Division F 5245. A letter from the Secretary, Federal copy of D.C. ACT 17-274, ‘‘Wax Museum of the Consolidated Appropriations Act, FY Trade Commission, transmitting the Com- Project Tax Abatement Allocation Modifica- 2004, Pub. L. 108-199, and the Office of Man- mission’s report entitled, ‘‘Accounting for tion Act of 2008,’’ pursuant to D.C. Code sec- agement and Budget Memorandum M-08-02, Laws that Apply Differently to the United tion 1-233(c)(1); to the Committee on Over- the Department’s report on competitive States Postal Service and Its Private Com- sight and Government Reform. sourcing efforts for FY 2007; to the Com- petitors,’’ pursuant to 39 U.S.C. 101; to the 5222. A letter from the Chairman, Council mittee on Oversight and Government Re- Committee on Oversight and Government of the District of Columbia, transmitting a form. Reform. copy of D.C. ACT 17-276, ‘‘Presidential Pri- 5234. A letter from the White House Liai- 5246. A letter from the Director, Financial mary Ballot Access Temporary Amendment son, Department of Education, transmitting Management, Government Accountability Act of 2008,’’ pursuant to D.C. Code section 1- a report pursuant to the Federal Vacancies Office, transmitting the FY 2007 annual re- 233(c)(1); to the Committee on Oversight and Reform Act of 1998; to the Committee on port of the Comptrollers’ General Retire- Government Reform. Oversight and Government Reform. ment System, pursuant to Public Law 95-595; 5223. A letter from the Chairman, Council 5235. A letter from the White House Liai- to the Committee on Oversight and Govern- of the District of Columbia, transmitting a son, Department of Education, transmitting ment Reform. copy of D.C. ACT 17-277, ‘‘Child Support a report pursuant to the Federal Vacancies 5247. A letter from the Director, Office of Compliance Amendment Act of 2008,’’ pursu- Reform Act of 1998; to the Committee on Personnel Management, transmitting the ant to D.C. Code section 1-233(c)(1); to the Oversight and Government Reform. Chief Human Capital Officers (CHCO) Coun- Committee on Oversight and Government 5236. A letter from the Secretary, Depart- cil’s Report to Congress covering FY 2007, Reform. ment of Energy, transmitting in accordance pursuant to 5 U.S.C. 1401 note Public Law 5224. A letter from the Chairman, Council with Section 647(b) of Division F of the Con- 107-296 section 1303(d); to the Committee on of the District of Columbia, transmitting a solidated Appropriations Act, FY 2004, Pub. Oversight and Government Reform. copy of D.C. ACT 17-279, ‘‘Downtown Retail L. 108-199, the Department’s report on com- 5248. A letter from the Deputy Assistant TIF Amendment Act of 2008,’’ pursuant to petitive sourcing efforts for FY 2007; to the Administrator for Operations, NMFS, Na- D.C. Code section 1-233(c)(1); to the Com- Committee on Oversight and Government tional Oceanic and Atmospheric Administra- mittee on Oversight and Government Re- Reform. tion, transmitting the Administration’s final form. 5237. A letter from the Deputy Associate rule — Magnuson-Stevens Fishery Conserva- 5225. A letter from the Chairman, Council General Counsel for Regulatory Affairs, De- tion and Management Act Provisions; Fish- of the District of Columbia, transmitting a partment of Homeland Security, transmit- eries of the Northeastern United States; At- copy of D.C. ACT 17-275, ‘‘Constitution ting the Department’s final rule — Minimum lantic Surfclam and Ocean Quahog Fishery; Square Economic Development Act of 2008,’’ Standards for Drivers’ Licenses and Identi- Final 2008-2010 Fishing Quotas for Atlantic pursuant to D.C. Code section 1-233(c)(1); to fication Cards Acceptable by Federal Agen- Surfclams and Ocean Quahogs [Docket No.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L06FE7.000 H06FEPT1 wwoods2 on PRODPC68 with HOUSE H620 CONGRESSIONAL RECORD — HOUSE February 6, 2008 070717342-7713-02] (RIN: 0648-AV42) received sideration of the bill (H.R. 4137) to amend By Mr. BONNER: January 22, 2008, pursuant to 5 U.S.C. and extend the Higher Education Act of 1965, H.R. 5226. A bill to suspend temporarily the 801(a)(1)(A); to the Committee on Natural and for other purposes (Rept. 110–523). Re- duty on Butane, 1-chloro; to the Committee Resources. ferred to the House Calendar. on Ways and Means. 5249. A letter from the Assistant Secretary DISCHARGE OF COMMITTEE By Mr. BONNER: H.R. 5227. A bill to suspend temporarily the Legislative Affairs, Department of State, [The following action occurred on February 1, duty on 1,3,5-Triazine, 2,4,6-tris(2- transmitting the Department’s final rule — 2008] Visas: Documentation of immigrants under propenyloxyl)-; to the Committee on Ways Pursuant to clause 2 of rule XII the and Means. the Immigration and Nationality Act, as Committee on Armed Services dis- amended. — received January 23, 2008, pursu- By Mr. ANDREWS (for himself and Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee charged from further consideration. PETRI): on the Judiciary. H.R. 3111 referred to the Committee of H.R. 5228. A bill to protect employees from 5250. A letter from the Assistant Secretary the Whole House on the State of the invasion of privacy by employers by prohib- for Legislative Affairs, Department of State, Union. iting video and audio monitoring of employ- ees when in an area where it is reasonable to transmitting a redesignation pursuant to f Section 219 of the Immigration and Nation- expect employees to change clothing; to the ality Act; to the Committee on the Judici- TIME LIMITATION OF REFERRED Committee on Education and Labor. ary. BILL By Mr. BARTLETT of Maryland (for himself, Mr. ISRAEL, Mr. BOOZMAN, 5251. A letter from the Program Manager, Pursuant to clause 2 of rule XII the Department of Health and Human Services, Mrs. GILLIBRAND, Ms. SCHWARTZ, Mr. following action was taken by the CARTER, Mr. RODRIGUEZ, Mr. transmitting the Department’s final rule — Speaker: Reauthorization of the Temporary Assist- LOBIONDO, Mr. BISHOP of Utah, Mr. ance for Needy Families (TANF) Program [The following actions occurred on February 1, MILLER of Florida, Mr. CUMMINGS, (RIN: 0970-AC27) received January 25, 2008, 2008] Mr. SCHIFF, Mr. GORDON, Mr. UDALL pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 275. Referral to the Committee on the of Colorado, Mr. WILSON of South mittee on Ways and Means. Judiciary extended for a period ending not Carolina, Mr. ELLISON, Mr. KIRK, Mr. 5252. A letter from the Chief, Publications later than February 8, 2008. JOHNSON of Georgia, Mr. KUHL of New H.R. 275. Referral to the Committee on En- and Regulations Branch, Internal Revenue York, Mr. WYNN, Mr. MEEK of Flor- ergy and Commerce extended for a period Service, transmitting the Service’s final rule ida, Mr. BUTTERFIELD, Ms. FOXX, Ms. ending not later than February 22, 2008. GIFFORDS, Ms. SHEA-PORTER, Mr. — Intermediary Transaction Tax Shelter H.R. 948. Referral to the Committee on [Notice 2008-20] received January 23, 2008, CARNEY, Mr. LOEBSACK, Ms. EDDIE Ways and Means extended for a period ending BERNICE JOHNSON of Texas, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- not later than March 31, 2008. mittee on Ways and Means. GILCHREST, Ms. CORRINE BROWN of 5253. A letter from the Chief, Publications f Florida, Mr. JONES of North Carolina, Mr. HILL, Mrs. LOWEY, Ms. BERKLEY, and Regulations, Internal Revenue Service, PUBLIC BILLS AND RESOLUTIONS transmitting the Service’s final rule — Ap- Mr. NEUGEBAUER, Mr. WALZ of Min- plication of Section 338 to Insurance Compa- Under clause 2 of rule XII, public nesota, Mr. KING of Iowa, Mr. TIBERI, nies [TD 9377] (RIN: 1545-BF02) received Jan- bills and resolutions were introduced Mr. MCHENRY, Mr. WOLF, Mr. KING- uary 23, 2008, pursuant to 5 U.S.C. and severally referred, as follows: STON, Mr. PAUL, Mr. GOODE, and Mr. 801(a)(1)(A); to the Committee on Ways and By Mr. CAMPBELL of California (for SAXTON): H.R. 5229. A bill to amend title 38, United Means. himself, Mr. BOEHNER, Mr. PUTNAM, States Code, to remove certain limitations 5254. A letter from the Acting Regulations Mr. CARTER, Mr. HUNTER, Mr. SAM on the transfer of entitlement to basic edu- Officer of Social Security, Social Security JOHNSON of Texas, Mr. SAXTON, Mr. cational assistance under the Montgomery Administration, transmitting the Adminis- WILSON of South Carolina, Mr. GI Bill, and for other purposes; to the Com- tration’s final rule — Private Printing of LAMBORN, Mr. BURGESS, Mr. KLINE of mittee on Armed Services, and in addition to Prescribed Applications, Forms, and Other Minnesota, Mr. POE, Mr. ROHR- the Committee on Veterans’ Affairs, for a pe- Publications [Docket No. SSA-2007-0009] ABACHER, Mr. ROGERS of Michigan, riod to be subsequently determined by the (RIN: 0960-AG36) received January 22, 2008, Mr. BROUN of Georgia, Mr. ISSA, Mr. Speaker, in each case for consideration of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- TIAHRT, Mr. BURTON of Indiana, Ms. such provisions as fall within the jurisdic- mittee on Ways and Means. FALLIN, Mr. MCCOTTER, Mr. tion of the committee concerned. 5255. A letter from the Acting SSA Regula- GOHMERT, Mr. PITTS, Mr. HERGER, By Ms. JACKSON-LEE of Texas: tions Officer, Social Security Administra- Mr. FEENEY, Mr. MCHENRY, Mr. H.R. 5230. A bill to amend title 28, United tion, transmitting the Administration’s final FRANKS of Arizona, Mr. SESSIONS, Mr. States Code, to grant to the House of Rep- rule — Methods for Conducting Personal WALBERG, Mr. MACK, Mr. CALVERT, resentatives the authority to bring a civil Conferences When Waiver of Recovery of a Mr. KELLER, Mr. BOUSTANY, Mr. SUL- action to enforce, secure a declaratory judg- Title II or Title XVI Overpayment Cannot Be LIVAN, Mrs. SCHMIDT, Mr. BRADY of ment concerning the validity of, or prevent a Approved [Docket No. SSA-2006-0096] (RIN: Texas, Mr. CONAWAY, Mr. GINGREY, threatened refusal or failure to comply with 0960-AG40) received January 23, 2008, pursu- Ms. FOXX, Mr. MILLER of Florida, Mr. any subpoena or order issued by the House or ant to 5 U.S.C. 801(a)(1)(A); to the Committee CANNON, Mr. HALL of Texas, Mr. KING any committee or subcommittee of the on Ways and Means. of Iowa, Mr. HENSARLING, Mrs. House to secure the production of docu- 5256. A letter from the Program Manager, CAPITO, and Mr. KING of New York): ments, the answering of any deposition or in- Department of Health and Human Services, H.R. 5222. A bill to rescind funds appro- terrogatory, or the securing of testimony, transmitting the Department’s final rule — priated by the Consolidated Appropriations and for other purposes; to the Committee on Revisit User Fee Program for Medicare Sur- Act, 2008, for the City of Berkeley, Cali- the Judiciary, and in addition to the Com- vey and Certification Activities [CMS-2278- fornia, and any entities located in such city, mittee on Rules, for a period to be subse- IFC3] (RIN: 0938-AP22) received January 18, and to provide that such funds shall be trans- quently determined by the Speaker, in each 2008, pursuant to 5 U.S.C. 801(a)(1)(A); jointly ferred to the Operation and Maintenance, case for consideration of such provisions as to the Committees on Energy and Commerce Marine Corps account of the Department of fall within the jurisdiction of the committee and Ways and Means. Defense for the purposes of recruiting; to the Committee on Appropriations. concerned. f By Mr. BOSWELL (for himself, Mr. By Mr. BRALEY of Iowa: H.R. 5231. A bill to amend the Internal Rev- HAYES, Mr. BRALEY of Iowa, Mr. REPORTS OF COMMITTEES ON enue Code of 1986 to extend the credit for ORTIZ, Mrs. BOYDA of Kansas, Mr. PUBLIC BILLS AND RESOLUTIONS electricity produced from certain renewable BARTLETT of Maryland, and Mr. resources; to the Committee on Ways and Under clause 2 of rule XIII, reports of LOEBSACK): committees were delivered to the Clerk H.R. 5223. A bill to provide for the enhance- Means. ment of the suicide prevention programs of By Mr. BURGESS: for printing and reference to the proper H.R. 5232. A bill to provide that no Federal calendar, as follows: the Department of Defense, and for other purposes; to the Committee on Armed Serv- or State requirement to increase energy effi- Ms. SLAUGHTER: Committee on Rules. ices. cient lighting in public buildings shall re- House Resolution 955. Resolution waiving a By Mr. BONNER: quire a hospital, school, day care center, requirement of clause 6(a) of rule XIII with H.R. 5224. A bill to suspend temporarily the mental health facility, or nursing home to respect to consideration of certain resolu- duty on Hexane, 1,6-dichloro-; to the Com- install or utilize such energy efficient light- tions reported from the Committee on Rules mittee on Ways and Means. ing if the lighting contains mercury; to the (Rept. 110–522). Referred to the House Cal- By Mr. BONNER: Committee on Energy and Commerce, and in endar. H.R. 5225. A bill to suspend temporarily the addition to the Committee on Transpor- Ms. SUTTON: Committee on Rules. House duty on Propanedioic acid, diethyl ester; to tation and Infrastructure, for a period to be Resolution 956. Resolution providing for con- the Committee on Ways and Means. subsequently determined by the Speaker, in

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each case for consideration of such provi- duction of State and local general sales COURTNEY, Mr. SHUSTER, Mr. PITTS, sions as fall within the jurisdiction of the taxes; to the Committee on Ways and Means. Mr. FORBES, Mr. PUTNAM, Mr. LEWIS committee concerned. By Mr. GILCHREST (for himself, Mr. of California, Mr. TAYLOR, Mr. By Mrs. DRAKE: CUMMINGS, Mr. JONES of North Caro- SAXTON, Mr. HALL of Texas, Mr. H.R. 5233. A bill to extend for two years the lina, Mr. MEEKS of New York, Mr. HAYES, Mr. DUNCAN, Mr. MCCARTHY exemption of returning workers from the nu- JOHNSON of Illinois, Mr. MURTHA, Mr. of California, Mr. SALI, Mr. UDALL of merical limitations for H-2B temporary REYES, and Ms. KAPTUR): Colorado, Mr. CONAWAY, Mr. KLINE of workers; to the Committee on the Judiciary. H. Con. Res. 288. Concurrent resolution ex- Minnesota, Mr. PATRICK MURPHY of By Mr. FRELINGHUYSEN: pressing the need for a more comprehensive Pennsylvania, Mr. PAYNE, Mr. SNY- H.R. 5234. A bill to amend title 18, United diplomatic initiative led by the United DER, Mr. JONES of North Carolina, States Code, and the Social Security Act to States, Republic of Iraq, and international Mr. KUHL of New York, Mrs. limit the misuse of Social Security numbers, community; to the Committee on Foreign MCMORRIS RODGERS, and Mr. to establish criminal penalties for such mis- Affairs, and in addition to the Committee on MCCOTTER): use, and for other purposes; to the Com- Armed Services, for a period to be subse- H. Res. 961. A resolution commending the mittee on the Judiciary, and in addition to quently determined by the Speaker, in each Alaska Army National Guard for its service the Committee on Ways and Means, for a pe- case for consideration of such provisions as to the State of Alaska and the citizens of the riod to be subsequently determined by the fall within the jurisdiction of the committee United States; to the Committee on Armed Speaker, in each case for consideration of concerned. Services. such provisions as fall within the jurisdic- By Mrs. JONES of Ohio (for herself, By Ms. WATERS: tion of the committee concerned. Mr. TIBERI, Mr. HINOJOSA, Mrs. H. Res. 962. A resolution congratulating By Mr. GALLEGLY (for himself and CHRISTENSEN, Mr. PAYNE, Ms. WAT- the city of Inglewood, California on its 100th Mr. BLUNT): SON, Mr. CLAY, Mr. BECERRA, Mr. anniversary and commending the city for its H.R. 5235. A bill to establish the Ronald MCNULTY, Mr. DAVIS of Illinois, Mr. growth and resilience; to the Committee on Reagan Centennial Commission; to the Com- MEEK of Florida, Ms. SUTTON, Ms. Oversight and Government Reform. mittee on Oversight and Government Re- MOORE of Wisconsin, Ms. CORRINE f form. BROWN of Florida, Mr. BISHOP of By Ms. HERSETH SANDLIN (for her- Georgia, Mr. ENGLISH of Pennsyl- PRIVATE BILLS AND self, Mr. WALDEN of Oregon, Mr. vania, Mr. THOMPSON of Mississippi, RESOLUTIONS DEFAZIO, Mr. STUPAK, Mr. ROSS, Mr. Ms. NORTON, Mr. EMANUEL, and Ms. PICKERING, Mrs. EMERSON, Mr. GOOD- CLARKE): Under clause 3 of rule XII, LATTE, Mr. BONNER, and Mr. PETER- H. Res. 957. A resolution expressing support Mr. REYES introduced a bill (H.R. 5243) for SON of Pennsylvania): for the second annual America Saves Week the relief of Kumi Iizuka-Barcena; which was H.R. 5236. A bill to promote the use of cer- 2008 from February 24, 2008 through March 2, referred to the Committee on the Judiciary. tain materials harvested from public lands 2008; to the Committee on Financial Serv- f in the production of renewable fuel, and for ices. other purposes; to the Committee on Energy By Mr. KLINE of Minnesota (for him- ADDITIONAL SPONSORS and Commerce. self, Mr. BOEHNER, Mr. PUTNAM, Mr. By Mr. MCDERMOTT (for himself and Under clause 7 of rule XII, sponsors CANNON, Mr. CANTOR, Mr. KELLER, were added to public bills and resolu- Ms. GRANGER): Mr. MILLER of Florida, Mr. SESSIONS, H.R. 5237. A bill to amend the U.S. Leader- Mr. WILSON of South Carolina, Mr. tions as follows: ship Against HIV/AIDS, Tuberculosis, and CARTER, Mr. ISSA, Mrs. BLACKBURN, H.R. 25: Mr. BROUN of Georgia. Malaria Act of 2003; to the Committee on Mr. BURTON of Indiana, Mr. SAM H.R. 37: Mr. KLINE of Minnesota. Foreign Affairs. JOHNSON of Texas, Mr. BISHOP of H.R. 96: Mr. ANDREWS. By Mr. PEARCE (for himself, Mr. Utah, Mr. GOHMERT, Mr. LOBIONDO, H.R. 154: Mr. LAMPSON. YOUNG of Alaska, Mr. BISHOP of Utah, Mr. HENSARLING, Mr. BILBRAY, Mr. H.R. 241: Mrs. EMERSON. Mrs. CUBIN, Mr. HELLER, Mrs. KING of Iowa, Mrs. BONO MACK, Mr. H.R. 248: Mr. MORAN of Kansas and Mrs. MCMORRIS RODGERS, Mr. CANNON, and FEENEY, Mr. FOSSELLA, Mr. FORBES, BOYDA of Kansas. Mr. SALI): H.R. 321: Mr. MCCOTTER. H.R. 5238. A bill to repeal a requirement to Mr. CONAWAY, Mr. SALI, Mr. BART- H.R. 333: Mr. MCINTYRE. reduce by 2 percent the amount payable to LETT of Maryland, and Mr. WOLF): H. Res. 958. A resolution reaffirming the H.R. 369: Ms. MATSUI. each State in fiscal year 2008; to the Com- commitment of the House of Representatives H.R. 402: Mr. MCINTYRE. mittee on Natural Resources. to the patriotic and professional men and H.R. 406: Mr. CLEAVER and Ms. HARMAN. By Mr. PORTER (for himself and Ms. women serving in the United States Marine H.R. 549: Mr. MCDERMOTT. CHWARTZ S ): H.R. 581: Mr. PRICE of Georgia. H.R. 5239. A bill to amend the Internal Rev- Corps in defense of the United States; to the H.R. 618: Mr. ROGERS of Michigan. enue Code of 1986 to provide that the pro- Committee on Armed Services. H.R. 621: Mr. MCKEON. ceeds of qualified mortgage bonds may be By Mrs. MUSGRAVE (for herself and H.R. 643: Mr. SPACE. used to provide refinancing for subprime Mr. MURTHA): H. Res. 959. A resolution supporting the H.R. 661: Mr. SIRES. loans, to provide a temporary increase in the Adopt-a-Platoon program, which encourages H.R. 677: Mr. WELCH of Vermont. volume cap for qualified mortgage bonds support to deployed soldiers through letters, H.R. 685: Mr. BACA and Mr. SHAYS. used to provide that refinancing, and for care packages, pen pal campaigns, and mone- H.R. 706: Ms. ESHOO, Mr. SHERMAN, Mr. other purposes; to the Committee on Ways tary donations; to the Committee on Armed CARDOZA, Ms. LINDA T. SA´ NCHEZ of Cali- and Means. Services. fornia, Mr. HONDA, Mr. THOMPSON of Cali- By Mr. UDALL of Colorado (for himself By Mr. ROTHMAN (for himself, Mr. fornia, Mr. COOPER, Mr. WU, Ms. JACKSON- and Mr. SALAZAR): H.R. 5240. A bill to restore equitable shar- HOLT, Mr. ENGEL, Mr. MCHUGH, Mr. LEE of Texas, and Mr. CUMMINGS. ing with affected States of revenues from on- SERRANO, Mr. SCHIFF, Mr. MEEKS of H.R. 715: Ms. JACKSON-LEE of Texas. shore Federal mineral leases; to the Com- New York, Mrs. MALONEY of New H.R. 748: Mr. JONES of North Carolina and mittee on Natural Resources. York, Mr. HALL of New York, Mr. Mr. MARKEY. By Mr. UDALL of Colorado: CROWLEY, Mr. FOSSELLA, Mr. COHEN, H.R. 758: Mrs. MYRICK. H.R. 5241. A bill to amend the Healthy For- Ms. CLARKE, Ms. WASSERMAN H.R. 768: Mr. SMITH of Texas. ests Restoration Act of 2003 to authorize the SCHULTZ, Mr. SHAYS, Mrs. MCCARTHY H.R. 861: Mr. NEUGEBAUER and Mr. JONES of Secretary of Agriculture and the Secretary of New York, Mr. PASCRELL, Mr. North Carolina. of the Interior to take expedited action to SIRES, Mr. WEINER, and Mr. H.R. 913: Mr. WHITFIELD of Kentucky. reduce the increased risk of severe wildfires PALLONE): H.R. 983: Mr. ROSS. to Colorado communities, water supplies, H. Res. 960. A resolution congratulating H.R. 992: Mr. SIRES, Ms. ESHOO, and Mr. and infrastructure in or near forested areas the National Football League champion New LINCOLN DAVIS of Tennessee. most severely affected by infestations of York Giants for winning Super Bowl XLII H.R. 997: Mr. PETERSON of Minnesota. bark beetles and other insects, and for other and completing one of the most remarkable H.R. 1017: Mr. ALLEN and Mr. KILDEE. purposes; to the Committee on Agriculture, postseason runs in professional sports his- H.R. 1023: Mr. TIM MURPHY of Pennsyl- and in addition to the Committee on Natural tory; to the Committee on Oversight and vania, Mr. GILCHREST, and Mr. KAGEN. Resources, for a period to be subsequently Government Reform. H.R. 1029: Mr. MURPHY of Connecticut. determined by the Speaker, in each case for By Mr. YOUNG of Alaska (for himself, H.R. 1032: Mr. AL GREEN of Texas. consideration of such provisions as fall with- Mr. BRADY of Pennsylvania, Mr. H.R. 1070: Mr. CONYERS. in the jurisdiction of the committee con- WALZ of Minnesota, Mr. ORTIZ, Mrs. H.R. 1078: Mr. FARR and Mr. WAMP. cerned. CHRISTENSEN, Ms. BORDALLO, Mr. H.R. 1093: Ms. HERSETH SANDLIN and Mr. By Mr. YOUNG of Florida: ABERCROMBIE, Mr. PEARCE, Mr. LEWIS POMEROY. H.R. 5242. A bill to amend the Internal Rev- of Georgia, Mr. FORTUN˜ O, Mr. TERRY, H.R. 1110: Mr. WILSON of South Carolina enue Code of 1986 to make permanent the de- Mr. WAMP, Mr. BISHOP of Utah, Mr. and Ms. RICHARDSON.

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H.R. 1172: Mr. CARDOZA. H.R. 2859: Mr. CROWLEY. H.R. 4221: Ms. SCHAKOWSKY. H.R. 1192: Ms. SOLIS and Mr. SERRANO. H.R. 2866: Mrs. SCHMIDT. H.R. 4251: Mr. PASTOR and Mr. GRIJALVA. H.R. 1225: Mr. MILLER of North Carolina. H.R. 2885: Mr. ROSKAM and Mr. BARRETT of H.R. 4264: Mr. HASTINGS of Florida. H.R. 1229: Mr. WALSH of New York. South Carolina. H.R. 4266: Mr. CLEAVER. H.R. 1261: Mr. CAMP of Michigan. H.R. 2915: Mr. BERMAN, and Ms. ESHOO. H.R. 4279: Mr. WATT. H.R. 1279: Mr. AL GREEN of Texas. H.R. 3010: Mr. ENGLISH of Pennsylvania and H.R. 4280: Mrs. BONO MACK. H.R. 1293: Mr. SESTAK. Mr. COURTNEY. H.R. 4296: Mr. PAYNE, Mr. TIM MURPHY of H.R. 1386: Mr. CONYERS, Mr. DINGELL, and H.R. 3054: Mr. WYNN. Pennsylvania, Mr. BUTTERFIELD, and Mr. Ms. SLAUGHTER. H.R. 3080: Mr. CUMMINGS, Mr. CHABOT, and BLUMENAUER. H.R. 1418: Mr. ROTHMAN. Mr. MCINTYRE. H.R. 4308: Mr. BOUCHER. H.R. 1420: Mr. INSLEE and Mr. PATRICK H.R. 3132: Ms. DELAURO. H.R. 4318: Mr. MCDERMOTT and Mr. MCIN- MURPHY of Pennsylvania. H.R. 3223: Mr. MORAN of Virginia. TYRE. H.R. 1439: Mr. YARMUTH. H.R. 3257: Mr. MEEKs of New York, Ms. H.R. 4335: Mr. BLUMENAUER. H.R. 1481: Mr. GINGREY. SLAUGHTER, and Ms. HOOLEY. H.R. 4336: Mr. BRADY of Pennsylvania, Mr. H.R. 1507: Mr. TIERNEY. H.R. 3298: Mr. HILL. CHANDLER, Mr. GONZALEZ, and Mr. CONYERS. H.R. 1527: Mr. CAMP of Michigan. H.R. 3327: Mr. BROWN of South Carolina. H.R. 4449: Mr. EHLERS, Ms. BALDWIN, Mr. H.R. 1553: Ms. WASSERMAN SCHULTZ, Mrs. H.R. 3329: Mr. UDALL of New Mexico and MATHESON, Ms. CORRINE BROWN of Florida, EMERSON, and Mr. BUCHANAN. Mr. BACA. Mr. BRADY of Pennsylvania, Mr. HINOJOSA, H.R. 1560: Mr. LATOURETTE. H.R. 3345: Mr. SCOTT of Virginia. Mr. MARKEY, and Mr. TIERNEY. H.R. 1589: Mr. KILDEE and Mr. CONAWAY. H.R. 3347: Ms. SCHAKOWSKY and Mr. JOHN- H.R. 4611: Ms. SCHAKOWSKY and Mr. H.R. 1619: Mr. BOUCHER. SON of Georgia. MCDERMOTT. H.R. 1650: Ms. HERSETH SANDLIN. H.R. 3357: Mr. WAXMAN. H.R. 4831: Mr. HAYES. H.R. 1665: Mr. COHEN, Mr. WELCH of H.R. 3378: Mr. JOHNSON of Georgia. H.R. 4838: Ms. SLAUGHTER, Mr. OLVER, and Vermont, and Mr. WALZ of Minnesota. H.R. 3404: Mr. ROTHMAN. Mr. UDALL of Colorado. H.R. 1731: Mr. STARK. H.R. 3423: Mr. TOWNS and Mr. HINCHEY. H.R. 4848: Mr. ANDREWS, Mr. DINGELL, Mr. H.R. 1750: Mr. WEXLER. H.R. 3430: Mr. JOHNSON of Georgia and Mr. RANGEL, Mr. GEORGE MILLER of California, H.R. 1783: Ms. LORETTA SANCHEZ of Cali- and Mr. EMANUEL. fornia. MILLER of North Carolina. H.R. 3438: Mr. SIRES. H.R. 4882: Ms. SCHAKOWSKY. H.R. 1820: Mr. LARSON of Connecticut. INCHEY E AURO H.R. 4900: Mr. JONES of North Carolina, Mr. H.R. 1823: Mr. KLEIN of Florida, Mr. H.R. 3439: Mr. H , Ms. D L , Mr. ARE THERIDGE EEK MCCOTTER, Mr. CANNON, Mr. CHABOT, Mr. SESTAK, and Ms. BERKLEY. H , Mr. E , and Mr. M s of New FRANKs of Arizona, Mrs. SCHMIDT, and Mr. H.R. 1846: Mr. MEEK of Florida. York. COBLE. H.R. 1927: Mr. SESTAK. H.R. 3452: Mr. WYNN. H. R. 4915: Mr. BURGESS. H.R. 1937: Ms. FALLIN and Mr. LUCAS. H.R. 3457: Ms. RICHARDSON. H.R. 4926: Mr. CHANDLER, Mr. GRIJALVA, H.R. 1975: Mrs. TAUSCHER, Mr. COOPER, and H.R. 3464: Mr. WYNN. Mr. SIRES, Mr. MEEKS of New York, Ms. Mr. DOGGETT. H.R. 3466: Mr. WILSON of Ohio. SOLIS, Mr. ROSS, Mr. WYNN, and Ms. WATSON. H.R. 2021: Mr. SCOTT of Virginia, Ms. ROY- H.R. 3498: Mr. SPACE. H.R. 4930: Mr. HALL of New York, Mr. BAL-ALLARD, Mr. BISHOP of New York, Ms. H.R. 3543: Mr. SCOTT of Virginia and Ms. MCCOTTER, Mrs. GILLIBRAND, Mr. GRAVES, DEGETTE, Mr. TIERNEY, Mr. SCOTT of Geor- MCCOLLUM of Minnesota. Mr. OBERSTAR, Mr. SMITH of New Jersey, Mr. gia, Mr. ACKERMAN, Ms. MOORE of Wisconsin, H.R. 3546: Mr. ROSS and Mr. TERRY. INGLIS of South Carolina, and Mr. SMITH of Mr. GUTIERREZ, Mr. ORTIZ, Mr. FILNER, Ms. H.R. 3548: Mr. LEWIS of Georgia. Washington. BERKLEY, Mr. SESTAK, Mr. FARR, Mrs. BOYDA H.R. 3645: Mr. RYAN of Ohio. H.R. 4934: Ms. WOOLSEY, Mr. HOLT, Ms. LEE, of Kansas, Mr. LAMPSON, Mrs. LOWEY, Mr. H.R. 3652: Mr. GEORGE MILLER of Cali- Ms. SOLIS, Mr. BOSWELL, Mr. WATT, Mr. HIGGINS, Mr. MEEK of Florida, and Mr. fornia, Ms. MOORE of Wisconsin, Mr. KAGEN, Mr. BISHOP of New York, Mr. REYES. MCDERMOTT, Mr. THOMPSON of Mississippi, COURTNEY, Ms. DELAURO, Mr. RYAN of Ohio, H.R. 2032: Mr. DUNCAN. Mr. DINGELL, Ms. LEE, and Mr. CLEAVER. Mr. CUMMINGS, Mr. KUCINICH, Mr. HONDA, Mr. H.R. 2040: Ms. WATSON, Mr. MOORE of Kan- H.R. 3660: Mr. GRAVES and Mr. MICHAUD. JOHNSON of Georgia, Mr. CONYERS, and Mr. sas, and Mr. CONYERS. H.R. 3681: Mr. BOUCHER. TOWNS. H.R. 2053: Mr. ROGERS of Michigan, Mr. H.R. 3691: Mr. THOMPSON of California. H.R. 4936: Mr. TOWNS and Mr. CONYERS. SOUDER, Mr. KAGEN, Mr. KLEIN of Florida, H.R. 3711: Ms. HERSETH SANDLIN. H.R. 4959: Mr. FATTAH, Ms. WOOLSEY, Mr. Mr. DAVIS of Alabama, and Mr. CRAMER. H.R. 3724: Ms. JACKSON-LEE of Texas. WELCH of Vermont, Ms. ZOE LOFGREN of Cali- H.R. 2067: Mr. MCCOTTER. H.R. 3748: Mrs. BOYDA of Kansas and Mr. fornia, Ms. NORTON, Mr. OLVER, Mr. BRADY of H.R. 2131: Mr. BUCHANAN and Mr. GENE MEEKs of New York. Pennsylvania, Mrs. MALONEY of New York, GREEN of Texas. H.R. 3753: Mr. MCDERMOTT. H.R. 2164: Mr. PORTER. H.R. 3774: Mr. JOHNSON of Georgia. Mr. FRANK of Massachusetts, Mr. HASTINGS H.R. 2188: Mr. PASTOR. H.R. 3797: Mr. SHAYS. of Florida, Ms. SLAUGHTER, Ms. LINDA T. ´ H.R. 2189: Ms. NORTON, Mr. HINCHEY, Mr. H.R. 3819: Mr. MORAN of Kansas, Ms. JACK- SANCHEZ of California, Mr. PAYNE, Mr. ROTH- MILLER of North Carolina, and Mr. LEWIS of SON-LEE of Texas, Mr. PEARCE, Mr. GOODE, MAN, Mr. MURPHY of Connecticut, and Mr. Georgia. Mrs. GILLIBRAND, and Mr. SMITH of Wash- CONYERS. H.R. 2231: Mr. SESTAK, Mr. ROSS, and Mr. ington. H.R. 4995: Mr. SHUSTER, Mr. MANZULLO, and PASTOR. H.R. 3829: Mr. BERMAN. Mr. PUTNAM. H.R. 2312: Mr. BACHUS. H.R. 3846: Mrs. JONES of Ohio. H.R. 5036: Ms. CLARKE, Mr. PASTOR, Mr. H.R. 2353: Mr. CAPUANO. H.R. 3852: Mr. GORDON. CHANDLER, Mr. BECERRA, Mr. COHEN, Mr. KIL- H.R. 2384: Mr. ROSS. H.R. 3876: Ms. ZOE LOFGREN of California. DEE, Mr. PATRICK MURPHY of Pennsylvania, H.R. 2452: Mr. MURPHY of Connecticut, Mr. H.R. 3896: Mr. MCGOVERN, Ms. SUTTON, Ms. Mr. BARROW, and Ms. LINDA T. SA´ NCHEZ of WEXLER, and Mr. HINOJOSA. MATSUI, and Mr. RYAN of Ohio. California. H.R. 2469: Mr. ENGLISH of Pennsylvania. H.R. 3905: Mr. TOWNS and Mr. HONDA. H.R. 5038: Mr. WEXLER, Mr. SCOTT of Vir- H.R. 2470: Ms. GINNY BROWN-WAITE of Flor- H.R. 3934: Mr. ROSS, Mr. WESTMORELAND, ginia, and Mr. MCDERMOTT. ida. Mr. LYNCH, and Mr. MCINTYRE. H.R. 5056: Mr. MCDERMOTT. H.R. 2526: Mr. HINCHEY. H.R. 3938: Mr. GONZALEZ, Mr. BRADY of H.R. 5057: Mr. DAVIS of Illinois, Mr. SEN- H.R. 2564: Ms. FALLIN, Mr. LAMBORN, Mr. Pennsylvania, and Mr. WYNN. SENBRENNER, Mr. SCOTT of Virginia, Mr. GOODLATTE, and Mr. YOUNG of Florida. H.R. 4001: Mr. ETHERIDGE. GOODLATTE, Mr. KENNEDY, Mr. WEXLER, Mr. H.R. 2578: Mr. SMITH of Washington. H.R. 4048: Mr. HONDA. TOWNS, Mr. FARR, Ms. HIRONO, Mr. GUTIER- H.R. 2604: Mr. MOORE of Kansas and Mr. H.R. 4054: Ms. SHEA-PORTER. REZ, Mr. ELLISON, and Mr. MEEKS of New LYNCH. H.R. 4063: Mr. MEEKs of New York. York. H.R. 2620: Mr. ELLISON. H.R. 4102: Mr. FRANK of Massachusetts, Mr. H.R. 5058: Mr. HALL of New York, Mr. H.R. 2634: Ms. CLARKE and Mr. SARBANES. MCDERMOTT, and Mr. PASTOR. MOORE of Kansas, Mr. CLAY, Mr. FRANK of H.R. 2694: Ms. CLARKE. H.R. 4105: Mr. EHLERS and Mr. COSTELLO. Massachusetts, Mr. WAXMAN, Mr. LEWIS of H.R. 2702: Mr. DELAHUNT. H.R. 4107: Mr. HINCHEY and Ms. HIRONO. Georgia, Mr. HONDA, Ms. MCCOLLUM of Min- H.R. 2712: Mr. STEARNS. H.R. 4116: Mr. BOOZMAN, Mr. RUSH, Mr. nesota, Ms. RICHARDSON, Mr. DOGGETT, Ms. H.R. 2744: Ms. GIFFORDS, Mr. MARIO DIAZ- KELLER, and Mr. MARCHANT. CLARKE, Ms. KILPATRICK, and Mr. MITCHELL. BALART of Florida, Ms. GINNY BROWN-WAITE H.R. 4130: Mr. PLATTS. H.R. 5060: Mr. MEEKS of New York. of Florida, Mrs. GILLIBRAND, Mr. JOHNSON of H.R. 4139: Mr. CHANDLER. H.R. 5087: Mr. SESTAK, Mr. ALTMIRE, Mr. Illinois, Mr. SESTAK, Mr. LYNCH, Mr. GON- H.R. 4149: Ms. HERSETH SANDLIN, Mr. MARSHALL, and Mr. WALZ of Minnesota. ZALEZ, and Mr. ETHERIDGE. CARDOZA, and Mr. ELLISON. H.R. 5107: Mr. HODES, Mr. SPACE, Mr. H.R. 2805: Mr. POMEROY, Mr. FARR, and Mr. H.R. 4202: Mr. GUTIERREZ. YARMUTH, Ms. GIFFORDS, and Mrs. OBERSTAR. H.R. 4205: Mrs. CAPPS. GILLIBRAND. H.R. 2820: Mr. PAYNE, and Ms. JACKSON-LEE H.R. 4206: Mr. UDALL of New Mexico. H.R. 5109: Mr. WESTMORELAND and Mr. of Texas. H.R. 4207: Mr. PASTOR. FORBES.

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H.R. 5110: Mrs. BOYDA of Kansas, Mr. SON of Texas, Mr. CUMMINGS, Mr. TOWNS, Mr. H. Res. 946: Mr. MCHUGH. GRIJALVA, Mr. FARR, and Mr. WILSON of RANGEL, Ms. CORRINE BROWN of Florida, Mr. H. Res. 947: Mr. KING of New York, Mr. Ohio. BISHOP of Georgia, Mr. JEFFERSON, Mr. SCHIFF, Mr. TOWNS, Mr. CROWLEY, Mr. SES- H.R. 5128: Mr. LEWIS of Georgia, Mr. ABER- COSTA, Mrs. CHRISTENSEN, Mr. ELLISON, Ms. SIONS, Ms. BORDALLO, Mr. KIRK, and Mr. CROMBIE, Mr. BRADY of Pennsylvania, Mr. CLARKE, Mr. WATT, Mr. CROWLEY, Mr. RUSH, SIRES. HOLT, Mr. FARR, Mr. FILNER, and Mr. CON- Mr. WYNN, Mr. LEWIS of Georgia, Mr. SHAYS, H. Res. 951: Mr. ALEXANDER, Mrs. YERS. Ms. LEE, Mr. WOLF, Mr. JOHNSON of Georgia, BLACKBURN, Mr. BROUN of Georgia, Mr. BUR- H.R. 5130: Mr. JEFFERSON and Ms. MOORE of Ms. WOOLSEY, Mr. LANTOS, Ms. JACKSON-LEE TON of Indiana, Mr. CANTOR, Mr. CROWLEY, Wisconsin. of Texas, Mr. DAVIS of Illinois, Mr. FATTAH, Mr. CULBERSON, Ms. FALLIN, Mr. FEENEY, Mr. H.R. 5148: Mr. SESSIONS, Mr. FOSSELLA, Mr. Mr. AL GREEN of Texas, and Ms. WATERS. FORTUN˜ O, Ms. FOXX, Mr. GINGREY, Mr. BRADY of Pennsylvania, Mr. BURTON of Indi- H. Con. Res. 285: Ms. LINDA T. SA´ NCHEZ of GOHMERT, Mr. GOODLATTE, Mr. HASTINGS of ana, Mr. YOUNG of Alaska, Mr. CARTER, Mr. California. Florida, Mr. HOEKSTRA, Mr. KIRK, Mr. GOODE, Mr. GORDON, Mr. PEARCE, Mr. ROHR- H. Con. Res. 286: Mr. BISHOP of Georgia, Ms. KNOLLENBERG, Mr. KUHL of New York, Mr. ABACHER, Mr. ROGERS of Michigan, Mr. KUHL LEE, Mr. FATTAH, Mr. COHEN, Mr. RANGEL, LAMBORN, Mr. LOBIONDO, Mr. MACK, Mr. of New York, Mrs. Christensen, and Mr. and Mr. WYNN. MCHENRY, Mr. PENCE, Mr. POE, Mr. PORTER, PAUL. H. Con. Res. 287: Mr. ROHRABACHER and Ms. Mr. PRICE of Georgia, Mrs. MCMORRIS ROD- H.R. 5161: Mr. CHANDLER and Ms. HOOLEY. GIFFORDS. GERS, Mr. SESSIONS, Mr. SHUSTER, Mr. H.R. 5167: Mr. HINCHEY. H. Res. 49: Mr. MARCHANT, Mr. CRENSHAW, TANCREDO, Mr. TIBERI, Mr. WALBERG, Mr. H.R. 5172: Mr. KUHL of New York, Mr. Mr. FOSSELLA, Mr. TOWNS, Mr. DOYLE, and MOORE of Kansas, Mr. SHAYS, Mr. WYNN, Mr. YOUNG of Alaska, Mr. MCNERNEY, Mr. WALZ Mr. WILSON of Ohio. H. Res. 76: Ms. SCHAKOWSKY and Mr. CON- WELLER, and Mr. SHADEGG. of Minnesota, Mrs. GILLIBRAND, Mr. YERS. MAHONEY of Florida, Mr. PATRICK MURPHY of H. Res. 953: Mr. FORTUN˜ O, Mr. BISHOP of H. Res. 102: Mr. PETERSON of Minnesota. Pennsylvania, Mr. HODES, and Mr. COURTNEY. Georgia, Mr. BURGESS, Mr. GRAVES, Mr. WIL- H. Res. 146: Ms. SUTTON, Mr. MCDERMOTT, H.R. 5178: Ms. EDDIE BERNICE JOHNSON of SON of South Carolina, Mr. CULBERSON, Mr. and Mr. MURPHY of Connecticut. GORDON, Mr. ADERHOLT, Mr. GONZALEZ, Mr. Texas, Ms. BORDALLO, Mr. CUMMINGS, Mr. H. Res. 185: Mr. FORTUN˜ O and Mr. TOWNS. ´ BRADY of Pennsylvania, Mr. SPACE, Mr. ROG- ELLISON, and Ms. LINDA T. SANCHEZ of Cali- H. Res. 212: Mr. SHAYS. fornia. H. Res. 339: Mr. MARCHANT, Mr. PAYNE, Mr. ERS of Michigan, Mr. GINGREY, Mr. CARNEY, H.R. 5179: Mr. CUMMINGS, Mr. JEFFERSON, HILL, and Mr. DEFAZIO. Mr. ENGLISH of Pennsylvania, Mr. RADANO- and Mr. HONDA. H. Res. 783: Mr. ELLSWORTH. VICH, and Mr. PICKERING. H.R. 5181: Mr. CUMMINGS. H. Res. 848: Mr. BOOZMAN. H. Res. 954: Mr. SENSENBRENNER, Mr. H.J. Res. 70: Mr. SALI. H. Res. 854: Mr. FORTUN˜ O and Mr. GOHMERT, Mr. MITCHELL, Mr. HARE, Mr. H.J. Res. 76: Mr. TIM MURPHY of Pennsyl- MCCOTTER. BROUN of Georgia, Mr. MCCAUL of Texas, and vania. H. Res. 892: Mr. DAVIS of Kentucky. Mr. SHAYS. H. Con. Res. 137: Mr. LUCAS. H. Res. 896: Mr. TOWNS. H. Con. Res. 163: Mr. PORTER, Mr. PAYNE, H. Res. 907: Mr. BARTLETT of Maryland and f Mr. BISHOP of Georgia, Mr. LEWIS of Georgia, Mr. ROHRABACHER. H. Res. 909: Ms. LEE and Mr. MCCOTTER. Ms. FALLIN, Ms. BERKLEY, Mr. ALLEN, and H. Res. 929: Mr. JONES of North Carolina. Mr. KENNEDY. H. Res. 930: Mr. WILSON of Ohio and Mr. CONGRESSIONAL EARMARKS, LIM- H. Con. Res. 244: Mr. LUCAS, Mr. GERLACH, LANGEVIN. ITED TAX BENEFITS, OR LIM- Mr. MATHESON, Mr. MCCOTTER, Mr. NUNES, H. Res. 931: Mr. MCHUGH, Mr. SOUDER, and ITED TARIFF BENEFITS and Mr. RANGEL. Mr. LAMBORN. H. Con. Res. 253: Ms. EDDIE BERNICE JOHN- H. Res. 934: Mr. SESSIONS, Mr. PAUL, Mr. Under clause 9 of rule XXI, lists or SON of Texas. CARTER, Mr. CONAWAY, Mr. ORTIZ, Mr. BRADY statements on congressional earmarks, H. Con. Res. 263: Mr. DREIER, Mr. ROGERS of of Texas, Mr. EDWARDS, Mr. SMITH of Texas, limited tax benefits, or limited tariff Michigan, Mr. MANZULLO, Mr. SAM JOHNSON Mr. MARCHANT, Mr. HINOJOSA, Mr. HALL of benefits were submitted as follows: of Texas, Mr. FERGUSON, Mr. SHAYS, and Mr. Texas, Mr. AL GREEN of Texas, Mr. HALL of Texas. CULBERSON, and Mr. LAMPSON. The amendment to be offered by Rep- H. Con. Res. 276: Mr. BISHOP of New York H. Res. 939: Mr. GONZALEZ. resentative George Miller of California or a and Mr. ENGLISH of Pennsylvania. H. Res. 942: Mr. DONNELLY, Ms. LINDA T. designee, to H.R. 4137, the College Oppor- H. Con. Res. 280: Mrs. CAPPS, Mr. COHEN, SA´ NCHEZ of California, and Mr. BACA. tunity and Affordability Act, does not con- Mr. BACA, and Ms. CASTOR. H. Res. 943: Mr. ROHRABACHER, Mr. HARE, tain any congressional earmarks, limited tax H. Con. Res. 283: Mr. SMITH of New Jersey, Mr. CALVERT, Mr. CULBERSON, Mr. WELDON of benefits, or limited tariff benefits as defined Mr. BUTTERFIELD, Ms. EDDIE BERNICE JOHN- Florida, and Ms. GIFFORDS. in clause 9(d), 9(e), or 9(f) of rule XXI.

VerDate Aug 31 2005 03:54 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A06FE7.068 H06FEPT1 wwoods2 on PRODPC68 with HOUSE 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, FEBRUARY 6, 2008 No. 19 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, storms in the northern part of the called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, State, it is hard for me to understand JAMIN L. CARDIN, a Senator from the Washington, DC, February 6, 2008. the power of nature we see so often— To the Senate: and that we see more often than we State of Maryland. Under the provisions of rule I, section 3, of the Standing Rules of the Senate, I hereby used to with these tornadoes occurring PRAYER appoint the Honorable BENJAMIN L. CARDIN, throughout this country. The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to Last night and this morning, violent fered the following prayer: perform the duties of the Chair. storms raged through five States, in- Let us pray. ROBERT C. BYRD, cluding Alabama, Arkansas, Kentucky, President pro tempore. Almighty God, Heavenly Father, Mississippi, and Tennessee. They were violent. It appears there will be more open our hearts to Your movement in Mr. CARDIN thereupon assumed the than 50 people declared dead, scores of our midst. As we trust Your providence chair as Acting President pro tempore. people have been injured, and there was and cling to Your promises, give us f a tremendous loss of personal property. wisdom and spiritual vision to see You RECOGNITION OF THE MAJORITY Our thoughts, of course, this morning at work. LEADER go out to the victims. We, in all our Today, I claim for our lawmakers The ACTING PRESIDENT pro tem- States, have had occurrences relating Your promise through Jeremiah: Call pore. The majority leader is recog- to natural disasters. But I think we to Me, and I will answer you, and show nized. should all pause and think about the you great and mighty things which you f lives of these people who have been do not know. snuffed away by this violent set of Lord, keep our Senators from being SCHEDULE storms throughout the country and the intimidated by the challenges they Mr. REID. Mr. President, it is a big loss to their loved ones, their neigh- face. Clothe them with the armor of in- day today. Our three Presidentials are bors, and their families. tegrity, shield them with Your truth, going to be here, and we have a 5:45 We have heard reports this morning and guide them with Your power. Help vote. We are looking forward to that. of how our first responders reacted. them to please You by living holy and We don’t see them as much as we used The police, firefighters, and National peaceful lives. Give them a hunger for to. Guard medics worked through the Your words and a desire to apply Your Following my remarks today and night, around the clock, to save lives. knowledge in their daily walk. those of the Republican leader, there The latest event we had in Nevada was We pray in Your precious Name. will be an hour of morning business, so minor compared to this. We had a Amen. equally divided, with Senators per- levy break and flood waters inundated mitted to speak therein for up to 10 hundreds of homes. We were very con- f minutes each. The majority will con- cerned about that. But the one thing trol the first half and the Republicans we did recognize is how the police, fire- PLEDGE OF ALLEGIANCE will control the second half. fighters, and other first responders re- The Honorable BENJAMIN L. CARDIN Following morning business, the Sen- acted so quickly. What took place last led the Pledge of Allegiance, as follows: ate will resume consideration of the night is so much more significant than I pledge allegiance to the Flag of the Foreign Intelligence Surveillance Act, what we had in Nevada. It is difficult United States of America, and to the Repub- as under the previous order. Rollcall to comprehend the severity of what lic for which it stands, one nation under God, votes may occur throughout the day in happened last night. The work of the indivisible, with liberty and justice for all. relation to FISA amendments. As I first responders, and others, will con- mentioned, there will be a 5:45 p.m. clo- tinue around the clock for some time. f ture vote on the Finance Committee Rebuilding will begin and I am con- amendment to the economic stimulus. fident that, as a congressional body, we APPOINTMENT OF ACTING Second-degree amendments to the fi- will be called upon to help in some PRESIDENT PRO TEMPORE nance amendment are due by 4 p.m. form or fashion. The PRESIDING OFFICER. The today. THE ECONOMY clerk will please read a communication f Mr. President, the top priority of this to the Senate from the President pro Congress right now is to bring relief to tempore (Mr. BYRD). VIOLENT STORMS Americans who are struggling through The assistant legislative clerk read Mr. REID. Mr. President, being from a troubled economy. One need only lis- the following letter: the desert and seeing, on occasion, ten to the morning news, as I did, to

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

S679

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VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 smartinez on PRODPC61 with SENATE S680 CONGRESSIONAL RECORD — SENATE February 6, 2008 see that the economy is stumbling and atives in Washington trying to help ing to determine the extent of the dam- staggering. The stock market fell by 3 them. age. percent yesterday. The Japanese mar- One of the pet projects we have is ex- I ask my colleagues to join me in kets, after that—we got reports today tending unemployment benefits to peo- praying for the families of the victims on that—fell by almost 5 percent. The ple who have been out of work for a and to all who have been touched by European markets are down. long time. I very much appreciate the these terrible storms. State and local Today, our work continues to try to homebuilders being advocates for our officials are working as hard as they focus attention on this troubled econ- Senate stimulus package. can to survey the destruction and get omy, to try to help in some way. As I Those who are unemployed don’t help to anybody who needs it. have indicated, at 5:45, we will hold a have anyone here. They don’t have lob- cloture vote on the plan to proceed to byists calling for Republican Senators f the Senate Finance Committee’s eco- to support it. This is the package we STIMULUS PACKAGE nomic stimulus plan. I spread on the got from the Senate Finance Com- record of this body last night editorials mittee. This is an important part of Mr. MCCONNELL. Mr. President, it from around the country supporting the stimulus package—to give rebates has been 19 days since the President the Senate stimulus plan. It is the one to people who are out of work and have called for a stimulus plan, and econo- that will get money into the pockets of been for an extended period of time. mists called for swift action on it. people who need it and will spend it They will spend it. Republicans and Democrats in the very quickly. This is in no way to deni- Helping Americans struggling to pay House got the message, and they made grate the House plan. It was only a their heating bills through the some hard choices, showed restraint, start. LIHEAP is a pet project. I have sup- and forged a bipartisan compromise lit- Why do we need a stimulus plan? ported this project for years. We sup- erally within days. Look at the stock market, look at the port this project. You give these people Unfortunately, Senate Democrats rising gasoline prices, heating for our the money and they will spend it—and didn’t follow suit. They turned the idea homes, and the housing crisis, the fore- they will spend it now. into political gamesmanship, with the closure rate, which is more than 600 The growing housing crisis is cer- head of their campaign committee call- percent in Reno, NV. It is 275, on aver- tainly a pet project of mine, as indi- ing for ‘‘tough votes.’’ age, in Florida. It is more than 300 per- cated by the statistics we have in The American people are tired of po- cent in California, with 37 million peo- Reno, NV, and other places in Nevada. litical ‘‘gotcha.’’ We don’t have time ple. The Labor Department’s recent We should join to build on the House for it. The economy needs a boost right jobs report showed the economy lost bill. The bill that comes from the now. So I think we need to step back 17,000 jobs in January. That is a few of House has to go to conference anyway and ask ourselves what this exercise the problems we should be concerned because there is language in the House was all about in the first place. about. bill dealing with people who are un- My preference is to modify the House Whether American families are in- documented who would have benefits. package to include rebate checks for vesting in the market—some are and I hope we can join to put this pack- seniors and disabled veterans and cer- some aren’t—the gathering storm age out as quickly as possible, take it tainly eliminate the possibility that clouds point to the need for Congress to conference and work with the Presi- any illegal immigrants will get checks. to take action. dent and come up with something bet- The White House and Treasury Sec- The Finance Committee’s plan builds ter than the House bill. retary have indicated support for such on the House bill and makes it better. The stimulus package will put money a plan, so we can expect it will be I repeat, this is not HARRY REID speak- in the pockets of those who will spend signed into law. ing, it is from all over the country, it and help our country recover from Meanwhile, we have no such assur- talking about the need to do something this troubled economy. We are in for a ance for the alternative, larger pro- quickly and focus attention on the long, slow grind, but we can shorten it posal Senate Democrats apparently are Senate stimulus plan. by doing something to stimulate the still hashing out. We read this morning A couple of my friends on the other economy now. The Senate Finance that ‘‘negotiations are still ongoing’’ side have talked about why didn’t we Committee package does that. It is bi- among Democrats about what to in- do this. One referred to what we have partisan, and it needs to be done as clude in the final package. in the stimulus package as ‘‘Christmas quickly as possible. We started out united behind a pro- posal to help struggling taxpayers and tree ornaments.’’ Another referred to f them as ‘‘pet projects.’’ I have to plead stimulate the economy. Now some are guilty to the pet projects. RECOGNITION OF THE insisting on a plan that might not even Providing rebate checks to 21.5 mil- REPUBLICAN LEADER be signed into law. lion seniors is a pet project of mine. I The ACTING PRESIDENT pro tem- However, there is still another think it is a good program. All 51 pore. The Republican leader is recog- choice. We can still pass a bill that is Democrats agree it is a pet project we nized. targeted and timely and which helps all support. Providing rebate checks to f seniors and disabled veterans—and that 250,000 wounded American veterans is is the amendment I will be offering another of my pet projects. Give the WINTER STORMS later today with Senator STEVENS. money to the seniors and to the wound- Mr. MCCONNELL. Mr. President, I The Reid amendment, on the other ed American veterans and they will will start the day by acknowledging hand, might not even get signed. spend it. Providing tax incentives to the tragedy that has befallen several So should the Reid amendment fail, small and large businesses is also a pet States in the South, including my own we should immediately move to in- project. Why? Because it will stimulate State of Kentucky. clude seniors and disabled veterans, ex- the economy and give them the money According to news reports, rare win- clude those who are not legal citizens, and they will spend it. ter storms struck across Kentucky, Ar- and then quickly send this good, bipar- I was at a breakfast at 8 o’clock this kansas, Tennessee, and Mississippi. tisan, House-passed bill, as amended, morning. We had a number of groups News reports indicate at least 44 people back to the House, which I am sure will there, but the homebuilders were there. have been killed, and 7 of those were in pass it quickly, and send it to the They are out in force. They have cov- my State—4 in Allen County, which is White House for signature. To do less ered Washington. They are focusing at- along the Tennessee border, and 3 in would break faith with the American tention on Republican Senators be- Greenville, which is in Muhlenberg people who were told nearly 3 weeks cause this legislation is the most im- County in the western part of our ago they could expect relief quickly. portant legislation for the home- State. I urge my colleagues and the whole building industry to come about in the Thousands more are left with damage body to support it so we can deliver past decade. This is important legisla- or destroyed property or are without timely help to the American people. tion. The homebuilders have represent- power. The authorities are still work- Mr. President, I yield the floor.

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.001 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S681 RESERVATION OF LEADER TIME landscape scales. A lack of sufficient paying for gasoline, the cost of food The ACTING PRESIDENT pro tem- funding is one of the primary reasons. and prescription drugs, they can use pore. Under the previous order, the Restoring landscapes takes a signifi- the money. An additional $500 or $600 leadership time is reserved. cant amount of funding over a signifi- will be spent by them. That was in- cant period of time. cluded in the Senate finance package. f To address that problem, the Forest That was not in the original House MORNING BUSINESS Landscape Restoration Act authorizes version. I think that is a positive im- $40 million per year for 10 years to be The ACTING PRESIDENT pro tem- provement. paid into a national pool. Eligible land- pore. Under the previous order, there Then they also said: If we are talking scape restoration projects from around will now be a period for the transaction about groups of people who should be the country would compete for a por- of morning business for up to 60 min- recognized, those disabled veterans tion of that money. Mr. President, $40 utes, with Senators permitted to speak from previous conflicts and certainly million is not nearly enough money to therein for up to 10 minutes each, with from Iraq and Afghanistan should be fund landscape-scale treatments in all the time equally divided and controlled included as well. There is argument of the forest landscapes that need res- between the two leaders or their des- here. Those men and women certainly toration, but it is a realistic amount ignees, with the majority in control of deserve special consideration for all for us to pursue at this time, and it is the first half and the Republicans in they have given to America. So that enough to make landscape-scale res- control of the final half. was added to the House version of the toration a reality. The Senator from New Mexico is rec- bill on the part of the Senate Finance Because of funding and other chal- ognized. Committee. lenges, landscape-scale restoration re- Then they went to another category, f mains largely theoretical. As a result, and this is one the economists say is a FOREST LANDSCAPE this legislation is designed to be both very important category: people who RESTORATION ACT practical and experimental. It does not are currently unemployed, those folks redirect existing efforts. Instead, it Mr. BINGAMAN. Mr. President, yes- looking for jobs, many of whom are adds to existing efforts by creating a struggling to keep their families to- terday I introduced legislation that has program that will make planning, been given the number S. 2593, the For- gether while they find a job after they funding, and carrying out at least a have been laid off from previous em- est Landscape Restoration Act of 2008. handful of these landscape-scale res- I developed this legislation with Sen- ployment. If they receive additional toration projects possible. money, economists say they are most ators DOMENICI and FEINSTEIN, who are Again, I thank Senators DOMENICI cosponsors of the bill. We also have as likely to spend it in a hurry. So they and FEINSTEIN and the other cosponsors encouraged us to include them in the cosponsors Senators ALLARD, WYDEN, of this legislation for working with me SALAZAR, CANTWELL, CRAIG, AKAKA, relief we are providing with this tax re- on this bill. I also thank the many bate. and CRAPO. I also am pleased to point stakeholders from across the spectrum I have been listening carefully to see out that Chairman GRIJALVA in the for their input on the legislation, in- if our Republican colleagues believe House of Representatives is intro- cluding the Nature Conservancy which these people deserve help as well. I am ducing a companion bill, and I look for- has been very supportive of this effort. beginning to believe this is the real ward to working with him as his sub- Mr. President, I yield the floor. problem the Republicans have. They committee in the Natural Resources The ACTING PRESIDENT pro tem- are concerned about giving additional Committee moves forward with that pore. The assistant majority leader. money to people who are currently un- bill. f This legislation establishes a pro- employed. Yesterday, one Senator from gram to select and fund projects that ECONOMIC STIMULUS PACKAGE Texas on the Republican side said that restore forests at a landscape scale Mr. DURBIN. Mr. President, I thank just encourages them not to find work. through a process that encourages col- the majority leader, Senator REID, who I took a look at the amount of money laboration, relies on the best available was here earlier today talking about that is paid to people on unemploy- science, facilitates local economic de- the economic stimulus package. What I ment. It is hard to believe that is the velopment, and leverages local funds have tried to do is to understand at kind of money that will lead to a life of with national and private funding. this moment where the Republicans leisure, where you decide: Heck, I don’t As many of my colleagues know, we are, and it is hard to follow because need a job; I have unemployment bene- are facing serious forest health and initially there was agreement between fits. wildfire challenges throughout our the Republican and Democratic leaders It turns out that unemployment ben- country. A century of over-aggressive in the House—Speaker PELOSI, Con- efits are not that generous—$500 a fire suppression, logging, and other gressman BOEHNER, and Secretary week would be a big number, and for land uses have significantly deterio- Paulson of the Bush administration. many it is a lot less. If we suggest peo- rated entire landscapes. They came up with the notion that to ple will stop working with that kind of These conditions have played an im- get the economy moving forward, we income, I think it overlooks the obvi- portant role in the extraordinary should send a rebate check of about ous. Many people in lower income cat- wildfires and insect-caused mortality $600 for individuals and $1,200 for fami- egories struggle from paycheck to pay- that we have seen literally on millions lies and additional money for children check. Losing a job creates a family of acres of national forest and other across the country, which is certainly emergency. What we are talking about lands. To address these problems, it is an excellent starting point because the is whether we should provide addi- critical that we begin trying to restore administration was persuaded to in- tional help to those unemployed. This our forests on a landscape scale. clude the lower income families across has been done before. It is not a new Landscape-scale restoration is key America, and there were limits on fam- concept. In fact, historically, if you for controlling wildfire suppression ily income as to eligibility. want to fire up the economy and put costs. It is an important component of The Senate Finance Committee took spending power in the hands of people successful economic development. It is up this proposal from the House and across America, helping the unem- important for the health of many of suggested a few changes. I think each ployed is one of the first places you our forest ecosystems. one of them is a positive change. For turn. Despite the importance of landscape- instance, they said: Let’s include 21 The way the Finance Committee does scale restoration, neither the National million seniors receiving Social Secu- it is to extend unemployment benefits, Fire Plan nor the Healthy Forest Res- rity checks. If the idea is to put the currently at 13 weeks, another 13 toration Act nor any of the other ef- money in the hands of people who will weeks, which will be another 3 months forts we have made to date have been spend it, certainly our seniors on fixed or so, except for States with the high- very successful in facilitating restora- incomes, many who struggle with util- est unemployment, and then they tion and hazardous fuels reduction on ity bills, keeping their homes warm, would be extended another 26 weeks

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.003 S06FEPT1 smartinez on PRODPC61 with SENATE S682 CONGRESSIONAL RECORD — SENATE February 6, 2008 total. That is a way of providing spe- There being no objection, the mate- have this notion that if wealthy people cial help in areas of high unemploy- rial was ordered to be printed in the have more money, they somehow will ment. RECORD, as follows: fire up the economy. I took a look at the estimated num- I come from a different economic Estimated number ber of people who will exhaust their of people that will school. It started with Principles of Ec- jobless benefits State by State. In my State exhaust State job- onomics that I took at Georgetown State, it is 57,000 people. Let’s take a less benefits (Janu- ary to June 2008) University not too far from here when look at a State such as Senator Father Zyrinyi came into our class and MCCONNELL’s State of Kentucky: 11,458 Alabama ...... 12,510 Alaska ...... 6,913 explained the marginal propensity to people will see their unemployment Arizona ...... 18,846 save. If you are a wealthy person, you benefits end unless we enact this Sen- Arkansas ...... 16,505 California ...... 218,496 are more likely to save the next dollar ate Finance Committee version of the Colorado ...... 12,996 handed to you than a poor person, who bill; Arizona, Senator KYL’s home Connecticut ...... 17,250 Delaware ...... 3,776 is more likely to spend it. So if you State, 18,846. Let’s go down to Texas D.C...... 4,769 want to get the economy going and where Senator CORNYN says he thinks Florida ...... 86,092 Georgia ...... 39,826 fired up, you would give as many dol- this encourages people not to look for Hawaii ...... 2,654 lars as you can to those in lower in- work: 49,000 people are about to lose Idaho ...... 5,151 Illinois ...... 57,093 come categories. their unemployment insurance bene- Indiana ...... 33,598 Historically, the Republican ap- fits. Iowa ...... 8,736 proach has been just the opposite: Give Kansas ...... 7,754 The point is, unemployment is at a Kentucky ...... 11,458 the tax cuts, give more spending power relatively low level in this country, ac- Louisiana ...... 11,140 to people who are wealthier—folks who Maine ...... 4,019 cording to Senator KYL. These are his Maryland ...... 15,848 have not asked for it and folks who, in words: Massachusetts ...... 34,275 many cases, do not need it. In my opin- Michigan ...... 72,136 Unemployment is at a relatively low level Minnesota ...... 19,237 ion, a tax code, if it is to be fair, is in this country, and it would be a huge mis- Mississippi ...... 7,819 going to be progressive and say to Missouri ...... 17,727 take to exacerbate the unemployment situa- those struggling at the lower ends—the tion by extending unemployment benefits. Montana ...... 2,996 Nebraska ...... 6,009 working families and middle-income I am quoting from a statement that Nevada ...... 15,645 New Hampshire ...... 1,848 families—let’s be generous to them be- Senator KYL made, not Senator New Jersey ...... 66,415 cause they are the ones living pay- CORNYN. I want to make that correc- New Mexico ...... 6,142 New York ...... 84,866 check to paycheck. tion for the record. Senator KYL was North Carolina ...... 48,245 Well, now the chickens have come the one who questioned the wisdom of North Dakota ...... 1,562 Ohio ...... 35,320 home to roost with this economy. As extending unemployment benefits. Oklahoma ...... 7,515 the economy is heading downward, the So in Senator KYL’s home State, it Oregon ...... 20,695 Bush administration has discovered appears that 18,846 people are about to Pennsylvania ...... 58,976 Rhode Island ...... 7,038 poor people. They have discovered see their unemployment benefits come South Carolina ...... 21,960 working families. It is no longer just a to an end, and he, I assume from his ar- South Dakota ...... 304 Tennessee ...... 22,037 matter of tax cuts for people making gument, believes that is a good thing Texas ...... 49,104 over $300,000 or $400,000 a year. because now this will prod them into Utah ...... 4,029 Vermont ...... 1,763 So if we are going to be sensible and looking for work, and he is not sup- Virginia ...... 17,076 really want to enliven this economy, porting extension of these unemploy- Washington ...... 18,253 West Virginia ...... 4,179 the unemployment benefits are the ob- ment benefits for 18,846 people in his Wisconsin ...... 32,401 vious place to turn. Extending unem- home State. Wyoming ...... 1,147 ployment benefits is not only humane That has become one of the major Total ...... 1,282,149 elements of debate in terms of whether and moral for families out of work, but Source: U.S. Department of Labor data. the Republicans will support the Sen- it works to try to breathe some life ate Finance Committee version. Let Mr. DURBIN. Mr. President, as this into this economy and start more con- me add, it was a bipartisan vote that economy continues to deteriorate and sumer demand and, with that consumer brought the bill out of committee— we see these wild gyrations in the demand, the expansion of business and Senator GRASSLEY of Iowa, joining stock market, there are a lot of people the expansion of employment and prof- with, I believe, Senator SMITH of Or- concerned. Yesterday, the stock mar- its and ultimately an improvement in egon and Senator SNOWE of Maine, if I ket went down over 300 points. I know the stock market. That is just funda- am not mistaken. All three voted for it has its good days and bad days, but mental Keynesian economics that we the Senate Finance Committee version it has had more bad days than good have studied over the years. of the bill that was brought to the days for a long time. This resistance on the Republican floor. A lot of people in days gone by paid side to helping unemployed people is Let’s take a look at some other little or no attention to the stock mar- troublesome. It is the same mindset States where unemployment benefits ket. My mom and dad did not own a that was in vogue on the Republican might be important. In the State of share of stock during their married side for years when they opposed in- Mississippi, 7,819 are about to lose their life. They were too busy raising three creasing the basic minimum wage in unemployment benefits unless the Sen- kids. They could not afford anything this country. That used to be bipar- ate finance version passes as an eco- like that. If they could put a few bucks tisan. It wasn’t politically dogmatic to nomic stimulus. As I mentioned, in my in the savings account to save up for be against increasing the minimum home State of Illinois, 57,000 are look- the next used car, that is all they wage. Even Republican Presidents did. ing for assistance in that regard. looked forward to. But then came this new mindset which As I go through this list—North A lot of people view it differently be- said that even if people are working for Carolina is another good example. cause that stock market reflects the a small amount of money, they can North Carolina, 48,000 people in the value of 401(k) plans, IRAs, retirement just get another job if they need to get State, obviously suffering from some plans, and savings that people count on by. That is hardly consistent with fam- high unemployment, are about to lose in years to come. When the stock mar- ily values, but it prevailed. Over a long their unemployment benefits. The ket is heading south, people are look- period of time—10 years, in fact—there State of Ohio, 35,320 otherwise will lose ing at it in worried terms. was no increase in the Federal min- their unemployment benefits. What we are trying to do is invig- imum wage, until Democrats took con- Mr. President, I ask unanimous con- orate this economy and get it moving trol of Congress last year. We point to sent to have printed in the RECORD this again. For the longest time, the Repub- that with pride because it is something table so all the States, based on the licans have argued that the best way to House and Senate Democrats promised current U.S. Department of Labor invigorate the economy in good times would be high on the priority list, and data, will be reported officially in the and bad is to give tax cuts to the we did it. Again, we were focusing on RECORD. wealthiest people in America. They people left behind in an economy that

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.004 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S683 is not as powerful and as healthy as we the Budget Committee, made a presen- think direct help to working families is would like it to be. Now unemployment tation to us yesterday indicating that the most effective way to do it. The re- benefits fit the same category. President Bush inherited a surplus bates we would send to those families When I think of plants across Illinois when he came into office and a na- is money that could be well spent. I that have closed, putting people out of tional debt in the area of $5.7 trillion, think this extension of unemployment work—not to mention smaller busi- and now it could virtually double by insurance has been proven to be very nesses—it is through no fault of their the time he leaves office. So this is the effective. Mark Zandi, who is with own that people who once worked at a reality that faces us. Moody’s Economy.com, estimates this good manufacturing plant in Illinois or Mr. President, how much time re- would be the second most effective any other State don’t have a job today. mains in morning business? stimulus measure of all the ideas under They have lost their benefits, lost their The ACTING PRESIDENT pro tem- consideration, generating $1.64 in in- health insurance in many instances, pore. On the majority side, 10 minutes. creased economic activity for every and don’t know which way to turn. Mr. DURBIN. Ten minutes. I see no dollar of rebate. This money can be dis- Some have limited education and need other Members seeking recognition, so tributed very quickly, since the weekly time to at least get back to school or I will stay on this point in recognition benefits are capped at $350 for a single back for some training so that they of the economic situation we are fac- individual in Illinois, and it wouldn’t can make some money again. Why ing. cost that much to extend it. wouldn’t we want to help these people? The national debt of America has The Senate finance package is a Beyond the economics of it, doesn’t doubled in the last 7 years under Presi- great bill. We could have done better. I it seem only fair, if we are going to try dent Bush. We have accumulated more wish we could have included, for exam- to help people and help the economy, debt under President Bush than under ple, an improvement in food stamps. that we would start with the unem- all of the previous Presidents of the Over the holidays, last Christmas sea- ployed? The list which I have sub- United States combined. Now, that is son, I went to food banks around Illi- mitted, which will be printed in the the kind of statement that could easily nois. These are some great people. CONGRESSIONAL RECORD, is an indica- be challenged but I don’t think will be They do not work to make a lot of tion of how many, nationwide, it would because we have the facts to back us money, but they work to do a lot of help. The number is roughly 1.3 million up. We have incurred this debt because good in their communities. They gath- who would be helped by the extension we have had a war the President has er surplus food and distribute it to of unemployment insurance benefits. not paid for, nor asked Congress to pay families who need it, and they are find- When Senator KYL argues it would be for, and we have had a tax cut policy ing that more and more working fami- a huge mistake to help the unemployed which is unique in the history of our lies are showing up at food banks, and in America, he is arguing against the country. No President of our country more and more families, even if they bipartisan approach to fighting reces- has ever asked for a tax cut in the are working, can qualify for food sion which we have had for the longest midst of a war. stamps. So food stamps, which, unfor- period of time. I hope his opinion on Here is a figure that ought to con- tunately, don’t provide enough money this bill does not prevail. We need to do cern us as well. Since March 2001, for- to really cover the cost of meals, could our best to try to help the families who eign investors have financed nearly 80 be improved, and that would help our are trying to get by. percent of our Federal budget deficit. economy. It is not included in the Sen- In my home State of Illinois, since So in order to get by, if you are spend- ate finance package, but it should be. President Bush took office 7 years ago, ing more than you are raising in taxes, Finally, I think we need to under- relative to inflation, the median house- we have to borrow it, and we borrow it stand that one of the other ways we hold income has decreased by 10 per- from foreign governments, which in- can help bring this economy forward is cent. So instead of an improvement in creasingly become our bankers and to invest in the infrastructure of Amer- income, families in my State have seen mortgagers. It is not a healthy rela- ica. I just flew in this morning from their income go down during President tionship when countries such as China, Chicago—one of our great American Bush’s administration. Japan, Korea, and the OPEC nations cities. But even that city, with its The number of residents of my State become the largest creditors of the mass-transit system, needs a massive living in poverty since President Bush United States. They have a lot more capital investment, not only to repair came to office has grown by 10 percent clout than we might like to see. what is there but to extend it for serv- in that same period of time. And that It was just a few months ago that ice to other areas. It would be good for was a period of time when the Repub- there was speculation by one econo- our economy, certainly good for the en- licans and the President were resisting mist in China that they may decide to vironment, and it will create good jobs. the idea of increasing the minimum move away from a dollar-denominated These are jobs that can’t be wage, incidentally. international transaction to use the outsourced. When we are doing infra- Health care premiums in Illinois Euro, which is a stronger currency structure projects in Maryland or in have risen 29 percent since President than the American dollar. Just that Tennessee, we are doing projects that Bush took office, and 152,000 more peo- rumor, from a low-level economist in have real value, not only for the com- ple in my State don’t have health in- China, sent chills through the stock munities but for the men and women surance since President Bush came market, and we saw stock prices go who are at work and whose paychecks into office. down. It is an indication of how de- are invested back into the commu- Those families lucky enough to get pendent we are becoming as a nation as nities. their kids in college are facing sticker we go further in debt to fund a war So I am hopeful that at some point shock. The cost of college in Illinois which now costs $4 billion a week and beyond this current discussion about has risen 51 percent since President also to fund tax cuts in the midst of an emergency stimulus package, we Bush was sworn in. that war primarily for the wealthiest can extend our stimulus approach to A gallon of gas, of course, is up 77 people. even more investment—investment in percent in cost, which is an added ex- The President has said many times highways and mass transit; in bridges, pense, particularly to low-income fami- that he believes in the so-called owner- in making certain they are safe and we lies. ship society. But the ownership society don’t witness the kind of tragedy we To make ends meet, families across hasn’t given most American families had not that long ago in Minneapolis; America, and certainly in Illinois, have greater control over their financial investments in water resource develop- no place to turn but debt. Debt for destiny. The owners of the ownership ment—for instance, the locks and dams these families has increased at a rate society, by and large, have zip codes on the Mississippi and Illinois Rivers, four times faster than it did in the overseas. They are foreign investors desperately in need of rebuilding. All 1990s. And it is not just families sink- who own the debt of America. those are good opportunities to put ing in debt. The President’s new budget There are a lot of suggestions of how people to work, to reduce the unem- makes it clear that America is sinking to get out of this. Some have suggested ployment rate, and to put money back in debt. Senator CONRAD, chairman of corporate tax cuts and others, but I into the economy. There is hardly a

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.006 S06FEPT1 smartinez on PRODPC61 with SENATE S684 CONGRESSIONAL RECORD — SENATE February 6, 2008 State in our Nation that can’t come up The ACTING PRESIDENT pro tem- ing me to express my remarks, and I with critical infrastructure projects we pore. The senior Senator from Ten- look forward to working with him to could invest in to make America nessee is recognized. help deal with the pain that has been stronger. It is one of the few things Mr. ALEXANDER. Mr. President, I caused to many Tennesseans. Government does which we can show thank my colleague from Chattanooga I yield for Senator CORKER. has a direct relationship to economic for his courtesy. I, too, would like to Mr. CORKER. Mr. President, thank growth. talk about the economic stimulus you for letting me spend a few minutes Certainly we understand that this package and how we Republicans have on this topic that is such a huge issue current economic crisis we face had its been ready to go to work on it for 2 in the State of Tennessee. I certainly genesis in the subprime mortgage mar- weeks, and will later today. But Sen- thank our senior Senator for his lead- ket, and we shouldn’t overlook the fact ator CORKER and I have something that ership. Our senior Senator was also the that 2.2 million Americans stand to is closer to our heart today, and that is Governor of Tennessee. I know he lose their homes to foreclosure. I think the devastation that came across our knows full well what many people the administration’s proposal so far State last night from a string of torna- across our State today are facing. Again, I thank him for his leadership has been anemic. This notion that we does that was as rough and as pervasive on so many issues. I know both of us would ask mortgage companies and fi- as anything I have seen in my lifetime. today have spent time talking with nancial institutions to voluntarily re- Most Americans saw reports of it county mayors across the State of Ten- structure mortgages will take us, per- while they were watching coverage of nessee, talking with our Governor, the elections, but the trouble began in haps, a short walk down the road but talking with officials at Union Univer- Memphis in the middle of the day, with not where we should be. We need to sity and other places. I know that for schools being closed because of torna- find better ways to give these families, all of us our hearts and prayers go out if they can, the ability to stay in their does. It moved on to Jackson, where not only to the people of Tennessee but homes and make their mortgage pay- 3,300 students at Union University also the Mississippi, Arkansas, and ments. barely escaped, although the school Kentucky people who also are dealing I have a bill that changes the Bank- was heavily damaged. with some very tragic circumstances. ruptcy Code, that allows a bankruptcy Often, tornadoes and severe weather I know people in Tennessee are look- court to take an honest look at a per- of this type head in one direction and ing to their county mayors and our son’s income potential and restructure then the other, but this one just kept Governor for leadership, their officials a mortgage so that they can stay in going. It kept on going into middle with the National Guard, and FEMA. their home and won’t face foreclosure. Tennessee, to Sumner County and My understanding is they are providing Foreclosure is a disaster not only for Macon County, where several lives outstanding leadership and that people the family losing the home but for were lost, and moved into east Ten- have worked throughout the night to those who loaned the money for that nessee and the mountain area just this make sure that relief has been given, home and, ultimately, for the neigh- morning. So there is a lot of trouble in that people have been taken into borhood surrounding it. our State as a result of that, and Sen- homes and other places. Today, as they So Mr. President, there is certainly ator CORKER and I want the people of begin to dig out, if you will, and really much we can do. I am sorry we didn’t our State to know we have been moni- see the extent of the damage, that will get a lot more done yesterday. We toring that during the night, and we continue. tried, but the Republicans resisted and our staffs are working together I am very proud to serve with LAMAR again. They wanted another day off, today. ALEXANDER and to be with him today. and we had it. Instead of getting seri- We have talked to the Governor and I know both of us want the people of ous about amendments to the Foreign State officials, local officials. I talked Tennessee to know we are very aware Intelligence Surveillance Act, instead to the athletic director of Union Uni- of the tragedy they are dealing with. of having the debate leading up to versity on his cell phone a few minutes We are with them and their elected of- amendments and the vote on the eco- ago. I was trying to reach David ficials at the local and State level. We nomic stimulus package, the clock ran Dockery, the president of Union Uni- want to work with them as time goes out. versity. on to make sure that much needed Fed- Well, it is about time for the Senate So for the next several days, we will eral relief, which will be on the way to roll up its sleeves and get to work so be doing all we can do from the Federal down the road, is forthcoming. America can get to work. I hope that level to assist the Governor and the I wish to thank all of those volun- today the votes that are scheduled will local officials in dealing with the dev- teers. I have heard stories of heroic be the beginning of an honest debate astation that was caused last night by things throughout our State where or- and that at the end of the day we will the severe storms. Forty-five people dinary citizens have done things to pass an economic stimulus package, were killed, more than another 100 in- ease the pain and to create safety for conference with the House, and send it jured, a lot of damage to buildings in many of our citizens in harm’s way. to the President for his signature be- areas across our State. Again, our thoughts and prayers are fore we break for our Presidents Day I thank Senator CORKER for taking with all of our citizens, especially recess period which begins next week. this time to allow us to express to our those who have been so tragically af- Mr. President, I yield the floor. constituents our feelings for them. We fected by the events of the last 24 The ACTING PRESIDENT pro tem- do want them to know they have our hours. pore. The Senator from Tennessee. full attention today. The Governor is I yield the floor, and I suggest the ab- at the front of the line. That is the way sence of a quorum. f The ACTING PRESIDENT pro tem- we do things in Tennessee. We work pore. The clerk will call the roll. TENNESSEE TORNADOES easily with him and his staff and the The assistant bill clerk proceeded to Mr. CORKER. Mr. President, I had local official. We will stay in touch call the roll. originally scheduled time to speak a with them, and those who need to be in Mr. DEMINT. I ask unanimous con- little about the stimulus package and touch with our Senate offices can do sent that the order for the quorum call the many frailties I see with this pack- that. be rescinded. age. However, due to the tragedy last We will move promptly to deal with The ACTING PRESIDENT pro tem- night in Tennessee, I wish to talk on a applications for disaster relief. Some- pore. Without objection, it is so or- different subject matter. times they say they need to take dered. The senior Senator from Tennessee enough time to be accurately filled out The Senator from South Carolina is joins me on the floor this morning, rather than have a race to the mailbox recognized. and, Mr. President, I ask unanimous to get those in. But we will be working f consent to yield half of my time to the with local officials with those to do all great LAMAR ALEXANDER, the senior we can. ECONOMIC STIMULUS Senator from Tennessee, if that would I thank the Senator from Tennessee, Mr. DEMINT. Mr. President, I rise to be acceptable. Mr. CORKER, for his courtesy in allow- talk about the economic stimulus

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.007 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S685 package we are discussing in the Sen- not unusual to talk to successful, well- growth pattern. If we made the current ate. I certainly appreciate the concern known American companies that are tax rates permanent, the ones we know the President and all of us have in the dealing with hundreds, if not thou- have stimulated our economy, that House and Senate about our economy sands, of lawsuits at the same time. So would allow companies to plan past 3 and wanting to do everything we can to they keep a full-time fleet of lawyers years to build new plants, to buy new make sure we avoid an economic slow- and law firms on retainer dealing with capital equipment, to hire new people. down or recession that creates so much the lawsuits and the legal situations. Right now American companies trying hardship through the loss of jobs and, These same companies also have to do business in this country do not in many cases, a loss of homes. It is large human resource and compliance know what their tax rates are going to something we definitely need to ad- departments to deal with all of our reg- be after 2010. In fact, if we do nothing dress. It is equally important, as we ulations—some of them good, many un- in Congress, they know they will expe- look at our economic situation, to necessary. A lot of regulations related rience the highest tax increase in his- make sure we allow economic growth to capital and reporting, such as Sar- tory. Yet we are not even willing to and prosperity to work for more peo- banes-Oxley, are costing companies talk about it. All of us know we need ple. It is not just about our economic millions of dollars unnecessarily be- situation as a whole growing but mak- cause Congress is unwilling to fix those to lower our corporate tax rate to at ing sure everyone can share in that things we know are wrong. So there is least be comparable to Europe at 25 prosperity. a large tax department, a large legal percent. Yet we are not doing it. So It is important, as we look at the department, a large human resource more of our capital, more of our jobs, best way to stimulate the economy and compliance and regulatory depart- more businesses will continue to move keep it going, to remember that good ment, before we get to manufacturing offshore. Sending people a few hundred jobs and a good economy depend on and actually making things. We are dollars to pay down their credit cards successful companies making good making it very difficult for our compa- is not going to help grow our economy. profits. In order for that to happen, we nies to compete. There are other things we know we have to create a good business environ- Add to that the cost of energy which can do. We know we can bring capital ment. Our goal as a Congress should be is one of the highest in the world. That from overseas back home for invest- to make sure America is the best place goes back to bad policy as well. For ment and growth if we lower the cor- in the world to do business. Unless we years we have known we have large oil porate tax rate as we did a few years do that, we will continue to lose and natural gas reserves. We have ago, what we call repatriating those ground to countries all over the world. known we could develop more nuclear dollars. Even temporarily lowering It is going to be increasingly difficult generation of electricity. Yet we have that rate would bring capital home and to sustain long-term economic growth. not allowed nuclear plants to be devel- encourage growth. The world is becoming increasingly oped. We have large reserves of oil in competitive. We hear it every day. We Alaska, which we have consistently The one part of the stimulus package hear from Asia and India which are ac- voted down in the Congress, and nat- that does make sense is to allow com- tually courting businesses with incen- ural gas we don’t go after. Therefore, panies to expense or to speed up depre- tives to encourage companies to locate we are not only spending hundreds ciation of capital they buy so it will in their countries, creating a good more for every family for gasoline for encourage them to grow and make de- business environment with less regula- cars or oil to heat homes or more for cisions now because the people who tion and less taxes so that people will electricity, we are sending hundreds of make that equipment have jobs, and bring their manufacturing plants, their billions of dollars a year out of this those who operate that equipment have people, and their capital to their coun- country that could support our econ- jobs. So it would provide some stim- tries. It is working. Even stodgy old omy yet is supporting the Middle East ulus. But it is most important that we Europe that we imagine to be a high- and other economies around the world. have a predictable, permanent system tax and highly regulated network of Yet we will not change the policy. We where people can do business and be countries is changing to be more com- will not develop our own energy re- competitive around the world. It is un- petitive in the world economy. They sources. Instead, we are making it fortunate in all this debate that we are have lowered their corporate tax rate harder to produce automobiles in this not even willing to talk about it. to an average of about 25 percent. country, putting the burden on them I appreciate the time to express my Some of their countries such as Ireland consistently. have gone down close to 10 percent and Now, instead of trying to fix some of concerns. I am thankful everyone is have seen remarkable economic growth the systemic policy problems, we are concerned about the economy and as they have lowered their tax rate. talking about an economic stimulus those who have lost their jobs and may Why is this country not responding plan which I have yet to hear, at least lose them in the future. But what we in the same way? It hasn’t been too on the Republican side in our private are doing as a Congress is talking long since I have been in the private meetings, one Republican defend as about doing something that we are not sector working with businesses. I con- good policy. Maybe some will come out really doing: we are not stimulating tinue to hear the same sentiment. If we here and do so. But everyone on both the economy. This is not an economic are going to do business in America sides is talking about good politics. We stimulus package. It is a political today, before we get to the equipment are doing nothing for long-term stimulus package that is designed to and the people actually making the growth. We are doing nothing to create help folks in November. products or providing services, a me- a simpler, more predictable Tax Code I know every American needs a check dium-sized American company today is or reducing our regulation or litiga- and probably none will turn it down. likely to have a large tax department. tion. What we are going to do in time But, unfortunately, we are making It could spend millions on dealing with for the election is to get a check in the false promises that will not carry into our Tax Code. We have the most com- hands of as many people as we can, and long-term economic growth. plex tax system in the world and prob- we are borrowing it from the future. ably the highest corporate tax rate in The debt is growing. We are going to I yield the floor. the world. Some will say it is second. borrow the money to send checks home The PRESIDING OFFICER (Mr. Some say it is first. But we are defi- to Americans. BROWN). The Senator from Utah. nitely near the top at around 35 per- In 10 years on the present course, Mr. HATCH. Mr. President, I ask cent. So they start with a large tax de- bonds for the American Government unanimous consent that my remarks partment. will be rated as junk bonds in the world be considered as in morning business Then most of our companies also because we continue to look at the but fall in line with regard to the bill have large legal departments because next election rather than the future of before us. we are the most litigious society in the the country. world. The most liability for any coun- It is obvious what we could do to de- The PRESIDING OFFICER. Without try is to do business in America. It is velop a long-term, sustained economic objection, it is so ordered.

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.015 S06FEPT1 smartinez on PRODPC61 with SENATE S686 CONGRESSIONAL RECORD — SENATE February 6, 2008 FOREIGN INTELLIGENCE fold. Goal No. 1: Wire communications procedures. These assessments must be SURVEILLANCE ACT taking place in 2008 should receive the provided to congressional Intelligence AMENDMENT NO. 3913 same treatment as radio communica- Committees. Mr. HATCH. Mr. President, I wanted tions taking place in 1978; and goal No. Now, given the staggering amount of to briefly mention my opposition to 2: Our intelligence community’s new oversight, we should be very care- amendment No. 3913 offered by the Sen- sources and methods should not be sub- ful when creating mechanisms which ator from Wisconsin. This amendment ject to exposure by litigation brought could negatively impact our intel- relates to reverse targeting, which is a about by hearsay and innuendo. ligence analysts, particularly when theory that the Government could tar- I am pleased the legislation before us these mechanisms provide no benefit, get a foreign person abroad when the provides more protections to American in this case, to the privacy of American real intention is to target a U.S. per- citizens than any intelligence bill in citizens. son, thus circumventing the need to my recent memory, and certainly more The intelligence community has a get a warrant for the U.S. person. Quite than the original FISA law. great deal of experience in the tech- simply, reverse targeting is already Over the last several months, a great niques used to minimize incidental considered illegal under FISA. Going deal of attention has been given to the communications, and very detailed even further, the Intelligence Com- FISC, the Foreign Intelligence Surveil- procedures for handling these commu- mittee bill has a very explicit prohibi- lance Court. The FISC was created by nications are contained in the United tion against reverse targeting. The the original FISA law, and its jurisdic- States Signals Intelligence Directive amendment offered by the Senator tion was extremely limited by that 18, which has been in effect for over 28 from Wisconsin adds subjective lan- law. Here is what the FISC was created years. guage which completely alters the to do. Remember, the Government is gath- meaning of the original bipartisan pro- Foreign Intelligence Surveillance ering information relating to foreign vision. Court: ‘‘A court which shall have juris- intelligence in order to protect na- I asked Attorney General Mukasey diction to hear applications for and tional security, not necessarily for this during a hearing on Wednesday, grant orders approving electronic sur- criminal prosecution. That is why dif- and here is our exchange. veillance.’’ ferent procedures are necessary. Other- HATCH: Now the topic of reverse targeting This jurisdiction is purposefully lim- wise, all national security information has been mentioned often during the FISA ited, as the task of reviewing applica- gathering would be changed to fit with- reform debate. From an intelligence perspec- tions to intercept electronic commu- in the procedures of title III criminal tive, reverse targeting makes no sense. From nications is among the most important an efficiency standpoint, if the government wiretaps, which is impossible. tasks our Government can do to pro- Minimization techniques deal not was interested in targeting an American, it tect our country and its citizens. Ter- would apply for a warrant to listen to all of just with retention and dissemination, that person’s conversations, wouldn’t it? Not rorists have to communicate to plan but with acquisition. Analysts make just his conversations with terrorists over- and execute attacks, and our intercep- decisions up front whether to acquire, seas? tion of these communications is para- keep, or share U.S. person information MUKASEY: Correct. mount to stopping the next attack. HATCH: Now, I asked General Wainstein based on whether it has foreign intel- The jurisdiction of the FISC is great- ligence value. about this during the Judiciary Committee ly expanded by this legislation. Com- hearing last October, and he reiterated the This means if a judge is reviewing government’s view that FISA itself makes bined with other provisions in this bill, compliance with minimization proce- reverse targeting illegal. Does the DOJ still the new oversight created is prevalent dures, this review is much more than a consider reverse targeting illegal under and comprehensive. Since the breadth factual check. The judge is not limited FISA? of this new oversight is critical when MUKASEY: Absolutely. to simply making sure that technical determining the necessity of the and administrative guidelines are fol- HATCH: Are you aware of any instances of amendment we are debating, let’s look intelligence analysts utilizing reverse tar- lowed. Rather, this amendment could geting? at the oversight created by this legisla- allow a judge to question specific deci- MUKASEY: I am not aware of any such in- tion. sions by intelligence analysts on why Let me read these five charts. stances. they chose to acquire, keep, or share No. 1, for the first time the FISC will We are enacting national security certain communications. review and approve minimization pro- legislation, and it is our responsibility Now this begs the question: Are cedures used by the intelligence com- to ensure that this bill does not lead to judges better trained in intelligence unintended consequences which provide munity. No. 2, for the first time the FISC will collection than the intelligence ana- protections to terrorists. This amend- lysts whose job it is to repeatedly per- ment is absolutely unnecessary, and I review and approve targeting proce- dures used by the intelligence commu- form this task? Not only do I think the urge my colleagues to oppose it. answer is no, but we should remember AMENDMENT NO. 3920 nity. The FISC will determine whether the procedures are reasonably designed what the FISC said in their recently Mr. President, I wish to say a few re- publicly released opinion, which is only marks with regard to my dear friend, to ensure targeting is limited to per- sons outside the United States. the third public opinion released in the Senator WHITEHOUSE’s amendment to history of the Foreign Intelligence Sur- authorize the FISC, the Foreign Intel- No. 3, for the first time, a court order will be required to target U.S. persons veillance Court. ligence Surveillance Court, to assess Here is what the FISC said: compliance with minimization tech- regardless of where they are in the niques. I rise to express my opposition world—for the first time. Although the FISC handles a great deal of classified material, FISC judges do not make to the Whitehouse amendment No. 3920. No. 4, for the first time the Attorney General and the Director of National classification decisions and are not intended My opposition to the Whitehouse to become national security experts. Fur- amendment is related to the totality of Intelligence will be required to assess thermore, even if a typical FISC judge had this bill. This is an amendment that the intelligence community’s compli- more expertise in national security matters greatly expands the Foreign Intel- ance with court-approved targeting and than a typical district court judge, that ex- ligence Surveillance Court’s jurisdic- minimization procedures. These assess- pertise would still not equal that of the Ex- tion. Keeping in mind that the bill be- ments must be provided to the FISC ecutive Branch, which is constitutionally en- fore us already expands FISC jurisdic- and congressional Intelligence Com- trusted with protecting the national secu- tion of foreign collection to an unprec- mittees. rity. edented high historical level, this No. 5, new congressional oversight— Enactment of this amendment could amendment tips the balance and could for the first time Congress is creating result in judges making foreign intel- lead to real-life instances of intel- statutorily required inspector gen- ligence determinations in place of ligence analysts’ operational decisions eral—that is the Department of Justice trained intelligence analysts. Based on being second guessed by the court. and intelligence elements—semiannual this unjustified scrutiny, our intel- The original approach and goals of assessments of compliance with court- ligence analysts could become overly this legislation were simple and two- approved targeting and minimization cautious when determining whether to

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.016 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S687 deem information as having intel- Committee passed a bipartisan com- tive alarm clocks to go off in 4 years in ligence value in order to avoid unwar- promise bill which would modernize order to address national security. I ranted judicial scrutiny. This could re- our foreign intelligence surveillance wake up every day thinking about how sult in less foreign intelligence infor- activities. Unfortunately, this bipar- we might protect our fellow Ameri- mation being accumulated, and thus tisan bill contained a 6-year sunset cans. I certainly do not need a could mean we may miss a vital piece provision which would automatically sunsetting bill to remind me about na- of information. Do we want to take curtail our ability to protect our home- tional security and oversight, and nei- this chance? That is what this amend- land unless Congress acted. ther should my colleagues. ment would do. Should we risk this Let me be clear, I am opposed to any The final reason I have heard for a 4- type of unintended result? sunset in this legislation. While I be- year sunset is the idea that the next In October of 2007, I asked Assistant lieve the inclusion of this sunset provi- administration should be given an op- Attorney General Wainstein if putting sion was not appropriate, it was a re- portunity to address this issue and that the FISC judges in the position of as- sult of the bipartisan negotiations in a sunset fosters cooperation between sessing compliance would effectively the Intelligence Committee. Now this Congress and the White House. Along put the judge in the role of an analyst. serves as yet another example that not these lines, one of my colleagues pre- Here is what he said in response: all of us who support this bill are viously stated: Having a sunset gives And that is the problem, that it would get happy with every provision, and every us a much better chance to get co- the FISC in the position of being operational Senator will need to make concessions operation . . . between the Congress to the extent that it’s not when it assesses to get this bill passed and signed into and the White House. Once again, the compliance for, let’s say, the minimization law. next President can weigh in on this procedures in the typical or traditional FISA topic whenever and however he or she context where you’re talking about one Given my opposition to any sunset, I will oppose the Cardin amendment No. wants to. And regarding the idea that order, one person. Here, some of our orders we should include a 4-year sunset to might well be programmatic, where you’re 3930, which would change the sunset talking about whole categories of surveil- from 6 to 4 years. Proponents of this foster cooperation between two lances, and that would be a tall order for the amendment have propounded several branches of Government—do we need a FISA Court to assess compliance. arguments, none of which justifies this statute to influence the separation of The Whitehouse amendment also change. I am going to discuss three of powers? I say to my colleagues that the contains language which lets the FISC those arguments today. relationship between the branches of fashion remedies it determines are nec- The most common argument cited is Government should be fostered by nat- essary to enforce compliance. This is that this legislation is too technical ural restrictions contained in the Con- very broad language and gives the and too complex to have a 6-year sun- stitution of the United States, not by court the ability to come up with set. This is certainly a complex bill, an artificial sunset provision in an in- whatever methods it chooses to enforce but this is not the first time the 110th telligence bill. The very idea of a 4-year sunset un- compliance. Does this mean that the Congress has tackled complex issues. derstates the importance of timeline FISC could shut down collection of in- We have already waded through several implementation of new legislation. It formation from foreign targets over- different and complex bills, such as im- takes a great deal of time to ensure seas while the Government addresses migration reform, ethics and lobbying that all of our intelligence agencies technical issues which have little to do legislation, and even a vast energy bill. and personnel are fully trained in new with the privacy of American citizens? We are not reinventing the wheel authorities and restrictions brought We do not know, since this amendment with surveillance law, as this is a FISA about by congressional action. This is does not answer this question. Remem- modernization bill. But it is important not something that happens overnight. ber, we are talking about targeting for- to note how Congress has previously We cannot wave a magic wand and eign terrorists to prevent terrorist at- legislated in this area. The 1978 FISA have our Nation’s intelligence per- tacks. This is not the same thing as law made dramatic changes to our sur- sonnel instantaneously cognizant of wiretapping a cocaine dealer in Los An- veillance laws and oversight mecha- every administrative alteration im- geles for criminal prosecution. If we nisms. While FISA has been discussed posed by Congress. Like so many other approve an amendment which creates extensively, what has not been stated things in life, adjusting for these new numerous unanswered questions, we nearly enough is that the 1978 FISA mechanisms takes time and practice. are putting Americans at risk in un- had no sunset. Given that FISA had no While certain modifications are nec- precedented ways. sunset, let’s look at how Congress has essary, do we want to make it a habit Given that the Government has ade- previously legislated FISA amend- of consistently changing the rules? quately utilized minimization proce- ments with regard to sunsets. Don’t we want our analysts to spend dures for many years, what is the Sunsets are not common in previous their time actually tracking terrorists, pressing need for FISC expansion into laws amending FISA. Other than the or is their time better spent navigating this area? There is no need to continue PATRIOT Act and the PATRIOT Act administrative procedures that may be unlimited expansion of the FISC into reauthorization, seven of the eight pub- constantly in flux? unsuitable areas. lic laws amending FISA had no sunsets I know my preference is that our an- If this amendment does not pass, it on FISA provisions, and the remaining alysts be given the time to use the law- does not mean that American citizens public law had a sunset on only one of ful tools at their disposal to keep our are not protected. Incidental commu- those provisions. families safe. nications of Americans will continue to Now, this statistic speaks for itself. I do not want to see them spending be minimized, and the minimization What is so different about this bill? I all their time burying their heads in procedures will have been approved by do realize it contains massive new con- administrative manuals which change the FISC. But if the Whitehouse gressional oversight provisions which from day to day whenever the political amendment passes, we will be taking a could possibly hinder our collection ef- winds blow. great risk that the unnecessary judi- forts, and that we may need to revisit After all of the efforts by many in cial oversight will cause very harmful it for this reason. However, if this is this body to write a bill that provides unintended consequences that I have the case, we obviously do not need a a legal regime to govern contemporary already mentioned. We are too far sunset to do this. We can legislate in technological capabilities, I am cer- along to introduce guesswork into the this area whenever we want to. tainly not alone in my opposition to a carefully crafted compromise bill be- A second reason I have heard that sunset provision. In fact, my views are fore us. I will oppose this amendment, some support the Cardin amendment is completely in line with what the Sen- and I urge my colleagues to do the that this sunset will keep Congress ate has done in the past when amend- same. more engaged. One of my colleagues ing FISA. The administration strongly AMENDMENT NO. 3930 previously stated that a sunset ‘‘gives opposes a sunset, and Attorney General Now, Mr. President, there is one Congress the ability to stay involved.’’ Mukasey confirmed this opposition other amendment I wish to refer to. In Congress should not need sunsets to during last week’s oversight hearing October of last year, the Intelligence stay involved. We do not need legisla- here in the Senate.

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.018 S06FEPT1 smartinez on PRODPC61 with SENATE S688 CONGRESSIONAL RECORD — SENATE February 6, 2008 The fact is that this administration across the board for everyone and obvi- FISA AMENDMENTS ACT OF 2007 will not be here to see this sunset ously for those who are married it is The PRESIDING OFFICER. Under occur. Why would they care if there is double that. But significantly, in this the previous order, the Senate will re- a sunset in the bill or not? Their oppo- proposal 20 million American senior sume consideration of S. 2248, which sition demonstrates that those who are citizens are provided some relief. That the clerk will report. in charge of protecting our country wasn’t addressed in the House proposal. The bill clerk read as follows: know that a sunset is a bad idea and I think that is an important omission. A bill (S. 2248) to amend the Foreign Intel- their opposition is based in logic and In order to get this right, in order to ligence Surveillance Act of 1978, to mod- practical application. The administra- jolt our economy, we need to help sen- ernize and streamline the provisions of that tion knows that they will not be here, iors. We also need to make sure a quar- Act, and for other purposes. but the intelligence analysts who pro- ter of a million disabled veterans are Pending: tect our country will. These analysts helped as well. That is an important Rockefeller-Bond amendment No. 3911, in are not politically appointed, and do feature. the nature of a substitute. their job regardless of who the Presi- Thirdly, avoiding foreclosure; doing Whitehouse amendment No. 3920 (to dent is or what party the President everything we can in this stimulus amendment No. 3911), to provide procedures represents. They need the stability of package in a short-term way to help for compliance reviews. our laws to effectuate long term oper- families avoid foreclosure is another Feingold amendment No. 3979 (to amend- critically important element. ment No. 3911), to provide safeguards for ations to prevent terrorist attacks, not communications involving persons inside the guesswork which could hinder intel- Home heating costs: In my home State of Pennsylvania—and I know the United States. ligence gathering practices. Cardin amendment No. 3930 (to amendment We have already had a trial run with same is true in Ohio and across the No. 3911), to modify the sunset provision. the 6-month sunset of the Protect country—there has been a 19-percent Feingold-Dodd amendment No. 3915 (to America Act. Enough of the quick increase in the costs that families have amendment No. 3911), to place flexible limits fixes, let’s have confidence in the work to heat their homes, in 1 year. So if on the use of information obtained using un- product created by the nearly 10 that is happening in Pennsylvania, we lawful procedures. know it prevails around the country. Feingold amendment No. 3913 (to amend- months we have spent on this issue. A ment No. 3911), to prohibit reverse targeting shorter sunset gives us an excuse to This proposal in this Chamber does that. It adds $1 billion for home heat- and protect the rights of Americans who are not legislate with conviction, and this communicating with people abroad. ing costs. is an excuse we should not make. Feingold-Dodd amendment No. 3912 (to Finally, helping businesses and en- The 95th Congress had the ability to amendment No. 3911), to modify the require- ergy: As to the cost to businesses, I decipher complex problems and pass ments for certifications made prior to the think small businesses should get help FISA with no sunset, and the 110th initiation of certain acquisitions. in this rough economy, and this pro- Dodd amendment No. 3907 (to amendment Congress can certainly modernize it posal helps our businesses. It also No. 3911), to strike the provisions providing without second guessing our capabili- makes investments we should have—or immunity from civil liability to electronic ties by approving the Cardin amend- I should say implements strategies we communication service providers for certain ment. I will oppose this amendment, should have done months ago when it assistance provided to the Government. Bond-Rockefeller modified amendment No. and I urge my colleagues to do the comes to incentivizing energy effi- same. 3938 (to Amendment No. 3911), to include pro- ciency and other tactics to move to- hibitions on the international proliferation I yield the floor. ward a more energy independent econ- The PRESIDING OFFICER. The Sen- of weapons of mass destruction in the For- omy. eign Intelligence Surveillance Act of 1978. ator from Pennsylvania is recognized. So whether it is energy, whether it is Bond-Rockefeller modified amendment No. f helping businesses, whether it is mak- 3941 (to Amendment No. 3911), to expedite ECONOMIC STIMULUS ing sure our seniors get relief, that our the review of challenges to directives under families get relief and that we focus on the Foreign Intelligence Surveillance Act of Mr. CASEY. Mr. President, in the re- unemployment insurance, home heat- 1978. maining moments of morning business, The PRESIDING OFFICER. The Sen- ing costs, all these elements are criti- I wish to highlight a couple important ator from West Virginia is recognized. cally important. It is not perfect. The points about our economic stimulus ef- Mr. ROCKEFELLER. Mr. President, I Presiding Officer knows—and he shares forts in the Senate. wish to make a few comments on the this view with me—we wanted to do We have had an opportunity over the amendment of the Senator from Wis- more with regard to food stamps. We last couple weeks to analyze carefully consin and what he referred to as the are still going to try on that. But if what the American people expect in ‘‘bulk collection’’ amendment which he that doesn’t happen and some other terms of a jolt to our economy and discussed yesterday and which is things don’t happen that I want, we amendment No. 3912. I would ask that what they expect this body to do. Un- still have to move this forward. I wish fortunately, we have been stymied by a the other side of the aisle would allow this time be taken from the opponents lot of politics. I think it is important us to go forward in a way that address- of the amendment, if that is all right to point out very briefly the elements es these basic problems. We have seen a with my vice chairman. of what the Senate is trying to do, at lot of talk on the other side but not The Senator from Wisconsin is offer- least on the Democratic side and, sec- nearly enough action to say we are ing an amendment that he argues will ondly, to highlight its importance to going to support a proposal, not just prevent what he calls ‘‘bulk collec- the American people. what the House sent us but an im- tion’’. The amendment is intended, as First of all, with regard to the basic proved and a much more significant described by the Senator from Wis- elements—I will not go into a long dis- proposal to hit this economy in the consin, to ensure that this bill is not cussion—in order to stimulate this way we should hit it: With a stimulus used by the Government to collect the economy, we have to invest in strate- to get the economy moving, to create contents of all the international com- gies we know will work. One of those is jobs, to provide relief for our families, munications between the United States unemployment insurance. We know and to move into the future together. and the rest of the world. The Senator that. All the economists say that. It is We can do that here. We should do it argues that the amendment will pre- not because Democrats assert that; this week and make sure we don’t pass vent ‘‘bulk collection’’ by requiring the economists say one of the only ways something which is watered down and Government to have some foreign in- that is proven to jolt our economy is to which would not do the job. telligence interest in the overseas invest in unemployment insurance. I yield the floor. party to the communications it is col- This proposal on the Democratic side f lecting. does that. The House proposal doesn’t I regret to say I must oppose this do that in the area of unemployment CONCLUSION OF MORNING amendment strongly. I do not believe insurance. It doesn’t address that. BUSINESS it is necessary. I do believe, as drafted, The package this side of the aisle has The PRESIDING OFFICER. Morning the amendment will interfere with le- been pushing is a $500 rebate. It is business is closed. gitimate intelligence operations that

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.001 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S689 protect the national security of the I yield the floor and reserve the re- target terrorists, foreign terrorists lives of Americans. mainder of the opponents’ time. overseas. That targeting is not, as has In considering amendments today, we The PRESIDING OFFICER. The sen- been suggested on the other side, need to consider whether an amend- ior Senator from Missouri is recog- ‘‘dragnet surveillance.’’ Rather, the in- ment would provide additional protec- nized. telligence community will be acquiring tions for U.S. persons and whether it Mr. BOND. Mr. President, I yield my- communications of foreign terrorists, would needlessly inhibit vital foreign self 6 minutes from the opposition to spies, and others who seek to do us intelligence collection. I do not believe the amendment No. 3979, the Feingold- harm. That is not a dragnet; that is the amendment, as drafted, provides Webb sequestration. targeted. But if this amendment were additional protections. Furthermore, During yesterday’s sessions and prior to be adopted, its unreasonable limita- intelligence professionals have ex- sessions, there have been, regrettably, tions will prevent the intelligence com- pressed their concern that this amend- a number of inaccurate statements munity even from beginning the collec- ment would interfere with vital intel- about the amendments we debated. tion. ligence operations, and there are im- Several of these amendments go to the Now, I argued yesterday this amend- portant classified reasons underlying very heart and strike at the very heart ment would prevent the intelligence that concern. of foreign targeting. It is not an under- community from intercepting the com- Let us review why the amendment is statement to say that if they are munications of Osama bin Laden with unnecessary. First, bulk collection re- adopted, they could shut down our in- somebody in the United States. The sulting in a dragnet of all the inter- telligence collection and cause irrep- Senator from Wisconsin disagreed, national communications of U.S. per- arable damage to our national secu- calling my argument questionable and sons would probably be unreasonable rity. So I am compelled to set the claiming the amendment in no way under the fourth amendment. No bill record straight. Working with my col- hampers the ability to fight al-Qaida. passed by the Senate may authorize league and good friend, the chairman of That is not true. I find it interesting what the fourth amendment of the the committee, Senator ROCKEFELLER, because that is not what his amend- Constitution prohibits. What is more, we want our colleagues to know what ment says. First, the intelligence com- the committee bill, in fact, explicitly impact these amendments have. munity can’t even start the collection provides that acquisitions authorized We have made great progress in the because there is no way to know if a under the bill are to be conducted in a Senate Intelligence Committee on the terrorist, including bin Laden, is going manner consistent with that same FISA Amendments Act of 2008 in pro- to call or be called by a person in the fourth amendment of the Constitution. viding additional protections, but we United States. Second, from the Second, the committee bill stipulates did so working with the intelligence amendment, page 2, lines 10 to 16: community to make sure the measures that acquisitions under this authority Such communications may be acquired if cannot intentionally target any person we put in the bill would actually work. there is reason to believe that the commu- known to be located in the United Now, the first amendment we debated nication concerns international terrorist ac- States. And to target a U.S. person was amendment No. 3979, the seques- tivities directed against the United States, outside the United States, the Govern- tration amendment supported by and or activities in preparation therefor. ment must get approval from the FISA sponsored by Senators FEINGOLD and That means if bin Laden were plan- Court. WEBB. In explaining this amendment, ning an attack against the United Third, the committee bill increases supporters claimed the Protect Amer- Kingdom or against our foreign mili- the role of the FISA Court overseeing ica Act was ‘‘sold repeatedly’’ as a way tary bases or our foreign embassies the acquisition activities of the Gov- to collect foreign-to-foreign commu- abroad and calls into the United States ernment. The bill requires court ap- nications without a court order and to talk with an associate, we could not proval of minimization procedures that this amendment allows this collection. capture that call and protect our protect U.S. persons’ information. It We saw from the House RESTORE Act, troops, protect our citizens, protect maintains the prior requirement of which the DNI has told us—the Direc- our officers overseas, because under the court approval of targeting procedures. tor of National Intelligence, whom I terms of the amendment, it does not In the unlikely event the FISA Court will refer to as the DNI—and from the concern activities directed against the would give its approval to targeting debate on the Protect America Act United States. Not only is the limita- procedures and minimization proce- that the focus on foreign-to-foreign tion dangerous, it is unwise, unhelpful, dures that allow the Government to en- communications is misplaced. The Pro- and could lead to significant intel- gage in unconstitutional bulk collec- tect America Act was intended to allow ligence shortfalls. tion, the committee bill also strength- foreign targeting, just like this bill and Another dangerous aspect of the ens oversight mechanisms in the execu- for good reason. We cannot tell if a for- amendment is that it would foreclose tive and legislative branches, such as eign terrorist is going to be calling or the collection of foreign intelligence requiring assessments by the inspec- communicating with another foreign relating to nonterrorist threats. Our tors general in the Department of Jus- terrorist whether in some other coun- Nation faces daily threats, for example, tice and relevant agencies. These try or whether some of that commu- from the proliferation of weapons of mechanisms are intended to ensure nication may occasionally come to the mass destruction. I have an amend- that such activity is detected and pre- United States, and there is no way to ment that deals with this issue specifi- vented. tell. So it does no good to give the in- cally. What about North Korea, Iran, The sponsor of the amendment says telligence community authority to col- and Syria? Under this amendment, his amendment only requires the Gov- lect only foreign-to-foreign commu- none of that information could be col- ernment to certify to the FISA Court nication. You can’t tell. That means lected if the communication was to or that it is collecting communications of you can’t collect on any without get- from the United States. That is a limi- targets for whom there is a foreign in- ting a FISA Court or a FISC order. tation that should make all of us un- telligence interest. But the committee That was an impossible burden that comfortable. There is no basis for it, it already requires the Attorney General the FISC judges told us overwhelmed is unreasonable, and it could lead our and the Director of National Intel- and shut down their operations and did country into severe jeopardy. ligence to certify to the FISA Court not protect American citizens. Yet we The DNI and the Attorney General that the acquisition authorized under were told yesterday this amendment agree with my reading of the amend- the bill is targeted at persons outside will not damage or slow down collec- ment. Yesterday, we received a letter the United States in order to obtain tion. from them expressing their views about foreign intelligence information. Be- This amendment will not just slow these amendments. The DNI and Attor- cause the remedy does not improve down collection; it will stop it. It will ney General stated that if this amend- upon the protections in the bill for stop it. In the words of one intelligence ment is part of the bill presented to the Americans and places new burdens on official, it would ‘‘devastate our oper- President, they would recommend a the surveillance of foreign targets ations.’’ veto. They wrote this in their letter: overseas, I thus oppose this amend- Now, our bipartisan bill gives the in- This amendment would have a devastating ment and urge that it be rejected. telligence community the ability to impact on foreign intelligence surveillance

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.021 S06FEPT1 smartinez on PRODPC61 with SENATE S690 CONGRESSIONAL RECORD — SENATE February 6, 2008 operations; it is unsound as a matter of pol- Mr. President, I reserve the remain- my amendment simply gives the FISA icy; its provisions would be inordinately dif- der of our time and yield the floor. Court the option of limiting the Gov- ficult to implement; and thus it is unaccept- The PRESIDING OFFICER. The Sen- ernment’s use of information about in- able. ator from Wisconsin is recognized. formation about U.S. persons that is Ironically, this amendment is being Mr. FEINGOLD. Mr. President, I will collected under procedures the FISA advertised as the best way to protect use some of my time on a couple of Court later determines to be illegal. America’s privacy. But a fundamental these amendments. I know it must be That is about as minimal a safeguard problem with the amendment is that difficult for the Chair to figure out as you can get. we can never know ahead of time what which time to apply to which amend- It is unfortunate that some of those a communication says. Let’s think it ments, but I will try to identify them. who oppose my amendment are through. In order to figure out whether First, I will speak with regard to mischaracterizing what it does. The the communication concerns inter- Feingold-Webb-Tester amendment No. Attorney General and the DNI sent the national terrorism, for example, an an- 3979, which the Senator from Missouri majority leader a letter yesterday in alyst will have to review the content of was addressing. He referred to our con- which they expressed their objections it. That actually results in more of an cern that the rights and privacy of to this amendment. Twice in the letter, invasion of privacy than would ever Americans could be affected by this they stated that this amendment occur under the standard minimization bill as a ‘‘tired accusation.’’ I object to would place limits on the use of infor- procedures that NSA uses every day. that characterization. I think this is mation that doesn’t concern U.S. per- That makes no sense if we are trying clearly the kind of thing we should be sons. That is flat-out false, Mr. Presi- to protect privacy. worried about. I will tell you what is a dent. The use limits proposed in this Mr. President, it is news to me that tired accusation: the notion that some- amendment specifically apply to ‘‘in- the Intelligence Committee bill, as how our amendment would affect the formation concerning any United claimed on the other side, has no judi- ability of the Government to listen in States person.’’ That is what it says. cial involvement and no judicial over- on Osama bin Laden. That is a tired Use limits in this amendment apply sight. I have said it before. This bill and false accusation. The Senator has only under those circumstances. There has more judicial oversight and in- said that if bin Laden or his No. 3 is nothing ambiguous about this lan- volvement in foreign intelligence sur- man—whoever that is today, because guage. These patently false claims that veillance than ever before. There is we killed the last No. 3 man—calls the amendment applies to information court review and approval of the joint somebody in the United States, we can- about non-U.S. persons just show the certification by the Attorney General not listen in to that communication lengths to which opponents of the and the DNI and of the targeting mini- unless we have an independent means amendment will go to generate opposi- mization procedures. If the court finds of verifying that it had some impact on tion to this or any other reasonable any deficiency in these documents, the threats to our security from a terrorist amendment. Government must correct it or cease threat. That is what he claims, that we We have also heard that the amend- the acquisition. That is not an empty would not be able to listen in on that ment would create a massive oper- oversight. conversation. That is false. ational burden. Mr. President, that The Intelligence Committee bill also just isn’t true. The Government doesn’t stop there. We took tremen- The Feingold-Webb-Tester amend- ment specifically does not require a already does what is necessary to im- dous care to make sure there were spe- plement the use limits in the amend- cific protections for Americans’ pri- FISA Court warrant to acquire and dis- seminate the communications of any ment. vacy in the bill. I suggest all Members First, declassified Government re- foreigner overseas who is suspected of look closely at these protections: ex- sponses to oversight questions of the terrorism. Mr. President, there is no press prohibitions against reverse tar- Congressional Intelligence Committees separate threat requirement. The geting, against targeting persons inside reveal that the Government is already amendment merely requires that the the United States without a court labeling communications obtained Government label terrorism-related order, against conducting any acquisi- under the so-called Protect America communications that have one end in tion that doesn’t comply with the Act. So the Government already tracks fourth amendment. This bill goes fur- the United States so they are traceable which communications are acquired ther than ever before in ensuring that for subsequent oversight. And it simply under these particular authorities, there are protections for Americans in requires that when the Government ac- which would be the first step here. the area of foreign targeting. cesses and disseminates terrorist-re- Second, the Government already has We heard the tired accusation that lated communications that it has al- to comply with minimization require- this bill will allow the intelligence ready acquired that the court just be ments that are supposed to protect in- community to intercept communica- informed with the brief certification. I formation about U.S. persons. These tions of anyone; that it gives ‘‘unre- don’t know where the Senator gets this requirements kick in whenever the strained access to communications of bizarre idea that somehow you cannot Government wants to disseminate any every American.’’ That is just plain listen in on a conversation of Osama acquired communications that include wrong. Communications of U.S. per- bin Laden. I don’t think it is credible information about U.S. persons. That sons will be intercepted only if those to anybody that that would be the means intelligence analysts already persons are talking to foreign terror- case. have to determine, before any commu- ists or spies. And because of the mini- Finally, he raises the concern that nications collected under these au- mization procedures, only those spe- somehow we are insulting the FISA thorities can be used in any of the con- cific communications will be inter- Court, saying they are not doing a good texts we are talking about here, wheth- cepted, and if they don’t contain for- job. To the contrary, we are trying to er they contain any information about eign intelligence value, then they will give them the power to enforce their U.S. persons. Indeed, the administra- be minimized or suppressed. will. We are trying to give them the tion constantly reminds us of this fact According to the Senator from Wis- ability to say: Wait a minute. You guys when claiming that minimization re- consin, this amendment is necessary are not doing what you said you were quirements do enough to protect Amer- because the minimization procedures going to do. That is not an insult. That icans. in FISA are ‘‘quite weak’’ and inad- is essential for the court to be able to Mr. President, given that the Govern- equate. I am sure the FISA Court do its job. Let’s worry less about the ment is already required and equipped judges who have reviewed and approved alleged and, frankly, false notions to examine any communications it pro- these procedures would appreciate the about the feelings of a secret court and poses to use in order to determine implication that they are doing a bad worry more about the rights and pri- whether U.S. person information is job of protecting the privacy of Ameri- vacy of perfectly innocent Americans. present, the argument that the amend- cans. Ironically, it is that same court Mr. President, I turn now to amend- ment somehow imposes a massive new that, under the Senator’s amendment, ment No. 3915, another amendment I burden is very difficult to understand. will control the Government’s access offered known as the use limits amend- Perhaps the explanation lies in the and use of incidental communications. ment. As I explained earlier this week, administration’s repeated statements

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.023 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S691 that the amendment would put limits Once again, I urge my colleagues to In other words, in order to detect and on the use of information about non- support this amendment, and I reserve prevent terrorist attacks, finding out if U.S. persons. If this were true, then it the remainder of my time and yield the a foreign terrorist overseas is in con- is conceivable that my amendment floor. tact with associates in the United would create an additional operational The PRESIDING OFFICER. The Sen- States is actually a significant purpose burden. But those statements are com- ator from West Virginia is recognized. of this legislation, and it will always be pletely and utterly false, as I have ex- Mr. ROCKEFELLER. Mr. President, I a significant purpose of any targeting plained. The amendment explicitly ask my esteemed vice chairman if I of a foreign terrorist target overseas by states that the use limits apply to ‘‘in- might have 6 minutes to oppose Sen- the intelligence community. formation concerning any United ator FEINGOLD’s reverse targeting As the Statement of Administration States person’’—information that is al- amendment No. 3913. Policy—that is objections usually that ready subject to minimization require- Mr. BOND. I am happy to yield that come over from the White House— ments. time to the chairman. points out: I want to also address the argument Mr. ROCKEFELLER. The Senator A significant purpose of the intelligence the chairman of the Intelligence Com- from Wisconsin has an amendment community activities is to detect commu- that requires a FISA Court order if the nications that may provide warning of home- mittee made that this amendment is land attacks and that may include commu- somehow different than the existing Government is conducting surveillance nication between a terrorist overseas who use limits for emergency surveillance. of a person overseas, but a significant places a call to associates within the United The chairman argued that the amend- purpose of the surveillance is to collect States. A provision that bars the intelligence ment, unlike the emergency use limits, the communications of a person inside community from collecting those commu- could affect ‘‘thousands’’ of commu- the United States with whom the tar- nications is unacceptable. nications. As I pointed out yesterday, get is communicating. Who is to say that person from over- the amendment addresses that concern I share the Senator’s goal in pro- seas is not a terrorist and he is con- by creating a huge exception to the use tecting the privacy interests of Ameri- tacting a person in the United States limitations, an exception that is not cans, but I am afraid this amendment, to discuss something which is not in present in the emergency use limits as drafted, is unworkable and unneces- the national interest or which has in- provision. Under the amendment, the sary. telligence implications? You cannot in FISA Court can allow the Government The amendment is described as a way good conscience bar the intelligence to use even information about U.S. per- to prevent reverse targeting—cir- community from collecting these com- sons that is obtained by unlawful pro- cumstances in which the Government munications. That is unacceptable. cedures, as long as the Government would target persons overseas when its Again, reverse targeting is prohibited fixes the problem with the procedures. actual target is a person within the under current law. I think that is the So, in fact, this amendment is far less United States with whom the overseas third time I have said that. Reverse restrictive than the use limits for person is communicating. targeting is prohibited by the com- emergency surveillance, despite the The fact is, reverse targeting is pro- mittee bill. The amendment is not claim of the chairman otherwise. hibited under FISA today. I repeat, it needed to achieve its stated goals. It Even more important, we have to re- is prohibited under FISA today. If the will harm vital intelligence collection. member what these thousands of com- person in the United States is the ac- I urge the amendment be defeated. munications are. The only information tual foreign intelligence target, the I reserve the remainder of our time. The PRESIDING OFFICER (Mr. that would be subject to use limits is Government must seek a FISA order, and, in fact, the Government would CASEY). Who yields time? information about U.S. persons col- The Senator from Wisconsin. lected under illegal procedures—proce- have to have every incentive to do so Mr. FEINGOLD. Mr. President, I will dures that failed to reasonably target in order to conduct comprehensive sur- speak with regard to amendment No. people overseas. The underlying bill veillance of such a person. 3913, the one about which the chairman prohibits the Government from col- What is more, the base bill, S. 2248, just spoke, the so-called reverse tar- lecting this information in the first makes the prohibition on reverse tar- geting amendment I have offered. Re- place. My amendment gives this prohi- geting explicit. The Government can- verse targeting is what happens when bition some teeth by limiting the use not use the authorities in this legisla- the Government wiretaps persons over- of information that has been illegally tion to target a person outside the seas when what they are really inter- collected. United States if the purpose of such ac- ested in is the Americans with whom The opponents of this amendment quisition is to target for surveillance a these foreigners are talking. I think may argue that the government has no person within the United States. most of my colleagues would agree intention of doing anything that would In addition, the base bill, the Intel- that this bill should not open up a be unreasonable under the law. My re- ligence Committee bill, also strength- backdoor to get around the require- sponse is, if it does, there ought to be ens the protection of U.S. person infor- ment in FISA for a warrant to listen in some enforcement. There ought to be a mation that is collected in the tar- on Americans at home. way to make sure that doesn’t happen, geting of foreign targets overseas by The lack of any substantive argu- not just the assurance of the chairman requiring that the FISA Court approve ments against my amendment is made and vice chairman. the minimization procedures that clear by the letter the DNI sent on Moreover, if the Government has col- apply to this collection activity. Tuesday. The arguments just offered lected thousands of communications il- The Feingold reverse targeting by the chairman were almost identical legally, isn’t that all the more reason amendment, however, goes too far. The to the arguments offered by the DNI to try to contain the damage and limit amendment would prohibit the Govern- and by the Attorney General. In fact, the impact on innocent Americans? ment from using the authorities of this that letter, which severely That is not hamstringing the Govern- act ‘‘if a significant purpose’’ of the ac- mischaracterizes the amendment, actu- ment; it is just requiring the Govern- quisition is to ‘‘acquire the commu- ally underscores why the amendment is ment to comply with the law that we nications’’ of a particular known per- good both for civil liberties and for na- are actually passing. son within the United States. In order tional security. My amendment simply provides an to acquire such communications, the First, the letter confirms that re- incentive for the administration to fol- Government would be required to seek verse targeting is not, in fact, prohib- low the law as it is written. If we pass a regular FISA Court order. ited by the underlying bill. We keep a law that has no meaningful con- The problem is that we are revising hearing the chairman and vice chair- sequence for noncompliance with the the Foreign Intelligence Surveillance man say it is already prohibited. It is law, I think we are taking a real gam- Act today in large measure precisely not. The DNI writes that the Intel- ble as to whether the administration because we want the intelligence com- ligence Committee bill only prohibits will choose to comply. I am not person- munity to have the ability to detect warrantless collection when the Amer- ally willing to accept the odds on that and acquire the communications of ter- ican is ‘‘the actual target.’’ That can- one. rorists who call into the United States. not be read as a prohibition on reverse

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.024 S06FEPT1 smartinez on PRODPC61 with SENATE S692 CONGRESSIONAL RECORD — SENATE February 6, 2008 targeting. That is just a prohibition on letter laying out the reasons against time. His name is Steve Walther. Steve direct targeting of an American at the amendment are reasons for it. That Walther was a very prominent Nevada home, and it does nothing to protect is a trick I have not learned, to say lawyer, a senior partner in a law firm, Americans from what the DNI himself that when somebody says that the re- with qualifications that are unsur- has said is unconstitutional. verse targeting amendment would passed. I have always liked Steve very Second, the letter cites ‘‘operational make it impossible when that person much. And he made a comfortable liv- uncertainties and problems,’’ but it and those people really represent the ing. I called him once and said: Steve, does not bother to identify what those agency responsible and the oversight have you ever considered doing some- are. Yes, my amendment would require body of the Department of Justice thing different? a new procedure, just like everything somehow makes their case. A wonderful story about Steve, to else in this bill, but the Government I also call the attention of my col- show what a tremendously good guy he should already have procedures to pro- leagues to a statement from the Civil is. He has a little boy named Wyatt. tect the constitutional rights of Ameri- Liberties and Privacy Office of the Of- Steve married a woman and he raised cans. If it does not, that is all the more fice of the Director of National Intel- their children. They were his children reason to adopt the amendment. ligence. In that statement, the Civil once married, but he had never had his Third, the letter actually makes one Liberties and Privacy Office says: own child. His wife went to the doctor, of the strongest arguments in favor of Concerns have been raised that the PAA and she was nearing 50 years old and my amendment when it warns of insuf- could result in the interception of U.S. per- was sick, and found out she was having ficient attention to the American end son communications. As explained in the De- a baby. So late in life they had this of an international terrorist commu- partment of Justice September 14 letter, and baby, and I will never forget what she nication. If a foreign terrorist is talk- in a letter by the DNI’s Civil Liberties Pro- said. She said: When I had my first two ing to an American inside the United tection Officer dated September 17, 2007, U.S. babies, time went by so slowly. But she persons’ privacy interests are protected States, the intelligence community said: Now I am older and understand, should get a FISA warrant on that through ‘‘minimization procedures,’’ which must meet FISA’s statutory definition. In and I want everything to be fine, so I American so it can listen in on all his can’t take enough time to make sure communications, and it certainly addition, ‘‘reverse targeting’’ is implicitly prohibited under existing law. the baby is fine. And the baby is fine. would have no problem getting that Anyway, I said to Steve: You could warrant. Without that warrant, the As a side note, Mr. President, this measure explicitly prohibits reverse afford to come back here. How would Government will never get the full pic- you like to be a member of the Federal ture of what that American is doing or targeting, but the Privacy Office goes on to say: Election Commission? He is not a Dem- plotting. Yet the DNI’s letter seems to ocrat; he is an Independent. He has argue that the Government would not The SSCI bill in addition requires review of minimization procedures and explicitly done things for decades with the Amer- want to get a FISA Court warrant to ican Bar Association, held all kinds of listen in on all the communications, prohibits reverse targeting. In addition, the bill provides the FISA court with ongoing prominent positions with the American including the domestic communica- access to compliance reports and informa- Bar Association nationally. He said: tions, of a terrorist inside the United tion about U.S. person disseminations and OK, I think it would be a good idea. States. I do not believe this is a serious communications, and the explicit authority Wyatt can come back and spend some argument, but if it were, it would sug- to correct deficiencies in procedures. The bill time in Washington. So he served for gest that our Government is not doing also requires annual reviews of U.S. person nearly two years on the Federal Elec- everything it can do to track down ter- disseminations and communications and ex- tensive reports to Congress. tion Commission. Everybody said he rorists. was outstanding, as I knew he would Finally, the letter seriously This is a clear statutory framework. be. mischaracterizes the amendment. The As a practical matter, if there was a Also on that Federal Election Com- amendment does not bar acquisition of desire to target someone in the United mission, prior to the first of the year, communications between terrorists States, if that person was thought to was another Democrat by the name of overseas and their associates in the have foreign intelligence information Bob Lenhard. He had served on the United States. It does not in any way and acting as an agent of a foreign FEC with Steve. He and Steve worked affect the Government’s ability to dis- power, an officer, or employee, a FISA well together. They worked well to- cover and collect those communica- Court order is the simplest way to do gether with everybody on the Commis- tions. It does not apply to incidental it. Nobody has explained how you can sion, and he and Steve did a good job. collection of communications into the target a foreign terrorist to get collec- The Federal Election Commission is United States, and it does not even tions on a particular U.S. person unless critically important because it en- apply when the Government has identi- that person is engaged in a terrorist forces our Nation’s campaign finance fied a known individual with whom the activity, and you have to target an laws. Both these nominees lost their foreign terrorist is communicating. overseas person who has foreign intel- jobs at the end of last year because the Only when a significant purpose of the ligence information, and that is the le- Republicans refused to permit a vote surveillance is to get information on a gitimate reason for making the collec- on their nominations to the FEC. They person inside the United States does tion against the foreign target. No ter- said they would not allow an up-or- the Government need to get a court rorist information. The information is down vote on these nominations of warrant. That is not just required by minimized and not used. Lenhard and Walther. Nothing about the Constitution of the United States, I yield the floor and reserve the re- their qualifications. They were both it is how the Government can most ef- mainder of the time. outstanding members of the Federal ficiently and effectively protect us. The PRESIDING OFFICER. Who Election Commission. The reason they I hope my colleagues will support yields time? this modest proposal to prevent these would not allow a vote on them is they Mr. BOND. Mr. President, I suggest would not allow a vote on their own new powers from opening a huge loop- the absence of a quorum. hole to the requirement in FISA that nominee, a man by the name of Hans The PRESIDING OFFICER. The von Spakovsky. They are filibustering the Government get a court order to clerk will call the roll. target Americans in the United States. their own nominee. The legislative clerk proceeded to I said: Let’s vote on all of the FEC Mr. President, I reserve the remain- call the roll. der of my time on this amendment, and nominees, any order you want. We will Mr. REID. Mr. President, I ask unan- vote on ours first, last, we don’t care. I yield the floor. imous consent that the order for the The PRESIDING OFFICER. Who Let’s just have a vote on them. No. Un- quorum call be rescinded. yields time? less we would guarantee von The Senator from Missouri. The PRESIDING OFFICER. Without Spakovsky would pass, no. I don’t Mr. BOND. Mr. President, I yield my- objection, it is so ordered. know if Mr. Spakovsky would pass. I self 3 minutes on amendment No. 3913. PENDING NOMINEES suspect the Republicans don’t think so. It is interesting to hear that the pro- Mr. REID. Mr. President, I have a But it seems fair to me that we should ponent of this amendment thinks the friend. I have known him for a long have votes on these nominees.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.026 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S693 The record over the years is full of general. John R. Bolton ‘‘deserves an up-or- morning. All nominees that the Presi- remarks by my Republican colleagues down vote so that he can continue to protect dent has pending were invited to the characterizing the up-or-down vote as our national interests at the U.N.,’’ Mr. White House, Democrats and all. Why? the gold standard of reasonableness in McConnell said of the nominee to be United To complain about the Democrats not Nations ambassador. ‘‘Let’s get back to the Senate process. That is apparently not way the Senate operated for over 200 years, approving them. the view when it comes to one of their up-or-down votes on the president’s nominee, This leads me to tell you a little ex- nominees, who would actually stand a no matter who the president is, no matter perience I have had, and we have all chance of losing a vote. Republicans who’s in control of the Senate,’’ he said dur- had, with this President. The President won’t allow a vote on our Democrats ing the dispute over judicial filibusters. is in fact hoping to have breakfast with unless we approve this person. That Mr. McConnell’s devotion to the principle all the nominees, Democrats and Re- doesn’t make sense. of up-or-down votes for nominees, it turns publicans, now pending in the Senate, The reason these FEC nominees, in- out, has limits: Apparently fearing defeat if in an effort to force the Senate to con- a simple majority vote were allowed, the mi- cluding Steve Walther, have not been nority leader has refused to accept Senate firm all these people. They must live in approved rests squarely with the White Democrats’ offer for such a vote on President some alternative universe. I talked House and the Republicans. Bush’s choice for a Republican seat on the yesterday about the Orwellian nature Mr. President, I ask unanimous con- Federal Election Commission. The con- of this White House, and this is it. He sent to have printed in the RECORD two sequence is that, as the country begins an has invited people to the White House editorials. election year, the agency entrusted with to complain about our not approving There being no objection, the mate- overseeing enforcement of the federal elec- them when they—the President and the rial was ordered to be printed in the tion laws is all but paralyzed: Only two com- White House—are the reason we are missioners are in place, meaning that the RECORD, as follows: agency, six members when it is at full not approving many of them. [From the New York Times, Jan. 31, 2008] strength, cannot initiate enforcement ac- He invited Mr. Walther, Mr. Lenhard WHILE THE ELECTION WATCHDOG WANDERS tions, promulgate rules or issue advisory and other Democratic nominees to the The presidential campaign’s heated fund- opinions. White House, along with all his Repub- raising sweepstakes finds lobbyists hurriedly The standoff involves Hans A. von lican nominees, to get them to be a ‘‘bundling’’—amassing additional hundreds Spakovsky, a former official in the Justice backstop, a picture, so he can come out of thousands from donors to re-stake sur- Department’s civil rights division who had and give one of his Orwellian speeches viving contenders for the next primary been serving as an FEC commissioner until that these people are not being ap- rounds. (Lobbyists reportedly bundled his recess appointment expired last month. proved because of the terrible Demo- Democrats and civil rights groups argue, $300,000 for Senator John McCain in one crats in the Senate. Actually, we are night in Washington after his stock revived with some justification, that Mr. von on the campaign trail.) Spakovsky’s tenure at Justice was so trou- waiting for him to allow us to have In packaging political influence by bling that he does not deserve confirmation votes on a number of these nominees. superlarge chunks, money bundlers are at to the FEC post. Some Democrats had The President’s breakfast only need- least as crucial to understanding where can- threatened to filibuster the nomination, but ed one attendee. Only one. That is be- didates stand as their campaign vows. Fortu- Senate Majority Leader Harry M. Reid (D- cause only one nominee matters to this nately for voters, a new election law man- Nev.) managed to offer an up-or-down vote President. It should be an intimate dates the disclosure of the names of lobby- on each of the four pending nominations to breakfast between President Bush and the agency, two Republicans and two Demo- ists and other bundlers working the high- a man by the name of Steven roller realm of donations of $15,000 or more. crats. But Mr. McConnell and fellow Repub- Unfortunately for the same voters, this vital licans have insisted that the nominees must Bradbury. Why do I say that? I say law cannot yet be implemented. be dealt with as a package, with no separate that because of all the nominees the A partisan standoff blocks the Senate from votes allowed. To be fair to Mr. McConnell, President will profess to care about at filling four existing vacancies on the Federal the practice has been to vote on FEC nomi- this breakfast, Steven Bradbury stands Election Commission. The six-member panel nees as a package to ensure that the politi- head and shoulders above all the others is powerless to form a quorum and write the cally sensitive agency remains evenly di- in the President’s esteem. I am not regulations needed to shed sunlight on bun- vided between the two parties. But that has guessing; I was told so by the White dling. Senator Mitch McConnell, the Repub- not been an absolute rule; indeed, the last nominee who generated this much con- House. lican minority leader, is refusing to allow in- Right before the Christmas recess, I dividual up-or-down majority votes on nomi- troversy, Republican Bradley A. Smith, had nees for the commission. Mr. McConnell a separate roll call vote and was confirmed called the President’s Chief of Staff, threatens a filibuster unless they are voted 64 to 35 in 2000. But Senate Democrats could Mr. Bolten. A wonderful man; I like on as a single package—an obstructionist commit to a quick vote on a replacement him; easy to talk to and easy to deal tactic to protect a highly unqualified Repub- nominee, if they were able to muster the with. I said: I tell you what, Josh. We lican nominee, Hans von Spakovsky, from votes to defeat Mr. von Spakovsky. are going to go into recess, and why rejection in a fair vote. We have suggested previously that it is don’t we have an agreement on who the Mr. von Spakovsky is a notorious partisan more important to have a functioning FEC President wants to have recess ap- who previously served the Bush administra- than to keep Mr. von Spakovsky from being tion as an aggressive party hack at the Jus- confirmed. But Mr. McConnell ought to ex- pointed and, in fact, I will give you tice Department. There, he defended G.O.P. plain why the up-or-down vote he deemed so some suggestions. You can have a stratagems to boost Republican redistricting critical in the case of Mr. Mukasey, Mr. member of the Federal Reserve Board and mandate photo ID’s in Georgia—a device Bolton or appellate court nominee Miguel A. of Governors, you can have a Federal to crimp the power of minorities and the Estrada is so unacceptable when it comes to Aviation Agency, and you can have a poor who might favor Democrats at the bal- Mr. von Spakovsky. couple of other Chemical Safety Board lot. Mr. REID. Mr. President, I can gath- members. I said: Not only that, there President Bush refuses to withdraw the er one thing from the President’s un- are 84 other Republican nominees we von Spakovsky nomination, while the Demo- crats demand he be considered on his indi- willingness to resolve the Federal Elec- will approve. There are 8 Democrats, 84 vidual record, not yoked to three less con- tion Commission problem. That is that Republicans. Pretty good deal. He said: troversial nominees. We urge the Senate ma- they would rather have no election Let me check. jority leader, Harry Reid, to highlight this watchdog in place during an election He called me back and he said: Well, blot on democracy by moving the von year. what we want is to have a recess ap- Spakovsky nomination as a separate meas- The background on the FEC makes pointment of Steven Bradbury. I said: ure and demanding a cloture vote. Force the the call from Mr. Walther particularly Josh, I didn’t recall the name. Let me Republicans to either filibuster against their remarkable. Listen to this, now. It check. I checked with Chairman own unqualified partisan or dare to vote for even gets better. LEAHY, I checked with Senator DURBIN, him in broad daylight. Steve Walther called to tell me he who is a member of that committee, I [From the Washington Post, Jan. 28, 2008] had been invited to the White House by checked with Senator SCHUMER, who is UPORDOWN the President to push for his nomina- on that committee, and they and oth- ‘‘We need to get him to the floor for an up- tion. I got calls from other people ers said: You have to be kidding. This or-down vote as soon as possible,’’ Sen. whom I had placed in the works to get is a man who has written memos ap- Mitch McConnell (R-Ky.) said of Michael B. approved by the Senate. They were all proving torture, and that is only the Mukasey, then the nominee for attorney invited to the White House tomorrow beginning.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.040 S06FEPT1 smartinez on PRODPC61 with SENATE S694 CONGRESSIONAL RECORD — SENATE February 6, 2008 Senator DURBIN—I don’t know if he for a number of Republican nominees. have for towns, such as McComb, small has time today—will lay that out in Democrats are willing to approve them towns that might be overlooked other- more detail. and Republicans stand in the way. Why wise. He helped to make the potential I called Josh back and I said: Josh, would he invite them down there also? of Amtrak service a reality. We have that man will never get approved. He But he did, because there is an Orwell- such a success story of Amtrak in Illi- has no credibility. He said: Well, let me ian thought process that goes on down nois in the last year or two, with dra- check with the President. He called there saying Democrats aren’t allowing matic increases in ridership. Tom saw back and said: It is Bradbury or no- these people to get approved, which is this coming and was a real leader. He body. I said: You are willing to not the direct opposite of the truth. convinced the State of Illinois to dou- allow 84 of your people to get approved All for one person it appears, Mr. ble its State investment in Amtrak. He because of this guy? He said: Yes, that Bradbury. Whatever the White House worked with a broad coalition of pas- is what the President wants. wants, Bradbury would give it to them senger, business, labor groups, and Now there are 84 nominees, and in a legal opinion. We are not going to elected officials to increase Amtrak among them somebody Secretary accept that. What the President is try- service across our State. Chertoff wanted badly. Secretary ing to do with this show tomorrow is so We are experiencing a renaissance in Chertoff called me personally on some- unreasonable, so unfair, and so out of terms of passenger rail in our State in one and he said: You have to give us step with reality—as is the budget he a short period of time. Senator REID this person. We have important things gave us on Monday—that I hope the was given an opportunity to fill a va- to do here. If I don’t get her, they will American people understand what is cancy on the Amtrak board. I asked send me somebody from OMB, and that going on in this country. him to consider former Mayor Tom will be a person who doesn’t know any- It is too bad we have a situation Carper of McComb, IL. He was kind thing from anything. You have to help where the President of the United enough to recommend him. There are me with this. States would have a meeting in the seven voting members on the Amtrak The head of Alcohol, Tobacco and White House and invite everybody to bipartisan board—three Republicans, Firearms, four Department of Defense say: I am sorry you are not going to be three Democrats, and the Secretary of assistant secretaries, the Deputy Di- approved, it is their fault, when the Transportation. Currently, there are rector of the National Drug Control truth is, it is his fault. four vacancies on the board, which Policy, the Director of the Violence Now, here are the people we con- means the board does not have enough Against Women’s Office, Assistant At- firmed. They are right here. Everybody members for a quorum, and it forces torney General, Under Secretary of can see them. We confirmed all of the board to conduct business via an Commerce for International Trade, Di- them. And had it been up to the Presi- ‘‘Executive committee.’’ rector of the Census, Solicitor for the dent, not a single one would have been On our last day of session in Decem- Department of Labor—these are only a confirmed. ber, Senator REID, I think through The PRESIDING OFFICER. The as- handful of the jobs of the 84. great effort and courtesy, rose above Now, these jobs, all Republicans, all sistant majority leader. the President’s refusal to cooperate on Mr. DURBIN. Mr. President, I am names given up to us by the President, nominations and worked to confirm glad the majority leader has come to are jobs these people have sought for more than 80 nominations in a single speak about this issue. It is hard to their whole lives. Head of the Census, day. But we could have—and should imagine what is going through the head of the National Drug Control Pol- have—confirmed at least two more. mind of the President that he believes icy, Director of Violence Against Wom- Senator REID and I worked together he can make an argument tomorrow en’s Office, Solicitor for the Depart- and offered to confirm two nominees to with the meeting at the White House, ment of Labor. Nope, they are not the Amtrak board—one Democrat, Tom that we have been unreasonable in Carper, and one Republican, both of going to have a job. dealing with his nominations. I thought about that. That was a de- whom had been favorably reported by Senator REID spelled out what hap- the Commerce Committee. cision the President made, willing to pened. We tried, in many ways, to get throw 84 people under the bus, run over The Republicans objected. They in- some balance in nominations. That is sisted that we confirm one Democrat them, for one person he knew he done all the time so Republicans and couldn’t get. That is 84 plus the 4 he and two Republicans or none at all. Democrats will be appointed. It is done Now, this ‘‘all-or-nothing’’ approach is could recess appoint. So what we did, by both parties. I have seen it in the we stayed in session during the entire not new. We have seen this before when years I have been around the Senate. it comes to nominations. holiday recess. But before we went out, When Senator REID made that offer in As the majority leader described, I I thought to myself, I don’t know these December, the White House said: No, think the most glaring example of this 84 people. Some of them I have met, they would not do it unless they could is the nomination of Steven Bradbury but these are jobs that are important have this one nomination, Mr. to be Assistant Attorney General. The to our country, jobs that are important Bradbury. And I will have to say I majority leader was willing to allow to these individuals and their families. think Senator REID went that extra additional confirmations—and even re- I made the decision that because the mile, an extra 84 miles, as a matter of cess appointments—for a number of President is willing to do what I think fact, and he basically said 84 of those nominations. is so unfair, so unreasonable, that Bush nominees would be confirmed. I can tell you, having dealt with Sen- doesn’t mean I am going to be unfair The majority leader recounted sev- ator REID, he bends over backward to and unreasonable. So I called Secretary eral phone calls he received this week be balanced in this approach. That is Chertoff and others and said: Just be- from Democratic nominees to bipar- the way it has to be in the Senate. cause your boss is unreasonable and tisan commissions. I heard from my That is the way the institution oper- unfair, I am not going to be that way. friend, Tom Carper, not the Senator ates. But the White House turned down So I am going to walk out on the floor from Delaware but a friend of mine his offer. They turned down his offer and approve every one of them, which from McComb, IL, who has been nomi- because of one nomination, the nomi- we did. So for him to have that meet- nated to serve on the board of directors nation of Steven Bradbury. ing tomorrow takes about as much gall of Amtrak. It was clear this request, Mr. as I can even imagine, to have a meet- Tom has been working on passenger Bradbury, was going to be rejected. Mr. ing where he brings in all the people rail issues for 20 years, 12 years as Bradbury’s nomination has been re- who have not been approved. And had I mayor of the city of McComb, IL, turned to the White House four times not been, in my own words, generous, which is served by Amtrak. As mayor, since he was first nominated for the job he would have had 84 more people he he served as the chairman of the Am- in June 2005. What part of ‘‘no’’ does would have had to invite down there. trak Mayor’s Advisory Council. He re- the White House fail to understand? I can’t imagine how he could invite ceived national recognition for his Why does the President care so much Democrats down to the White House. leadership on Amtrak issues. about this one nominee that he is will- Several of them are being blocked in He saw firsthand the enormous po- ing to sacrifice all these other nomi- this body by Republicans. Same goes tential that passenger rail service can nees? He is going to fill the White

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.041 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S695 House with people who are going to MER told me Jim Comey was a straight than JOHN MCCAIN, who spent over 5 have this fine White House china in shooter, an honest man who would not years in a Vietnam prison camp. He front of them, sipping coffee and tea compromise his principles in public came to this floor and made an impas- and eating little cookies and com- service. He said I could trust Jim sioned plea for us to make it clear that plaining that somehow or another the Comey. During the period Jim Comey torture would not be part of American Democrats in the Senate are ignoring served in our Government, CHUCK policy. their need to serve our Government. SCHUMER was right. Jim Comey enjoys In the end, he won that amendment We are not ignoring it. Senator REID that reputation because he earned it. by a vote of 90 to 9, an amendment has offered repeatedly to confirm these We now know what happened because which absolutely prohibits cruel, inhu- nominees on a balanced basis, even giv- it has come to light that there was an mane or degrading treatment. Steven ing the President 84 nominees without infamous showdown at the bedside of Bradbury, now infamous for his role in this balance. They have said: No deal Attorney General John Ashcroft, who memo after memo relating to torture, unless we get Steven Bradbury. He is was hospitalized in an intensive care felt he found a way, through an opin- the only appointment, clearly, who is unit, where White House Chief of Staff ion, for the administration to avoid the important to this administration. Andrew Card and former Attorney Gen- impact of the law the President signed, Why? What is it about this man? What eral Alberto Gonzales tried to pressure the McCain torture amendment. would possibly be in his background or a then-ailing John Ashcroft into over- That is what this is about. This is his potential for future service that ruling Jack Goldsmith and his acts in not a casual situation where I find Mr. would be so important? the Office of Legal Counsel. It is hard Bradbury personally offensive. We are Well, this is worth talking about for to imagine that they would go into a going to the heart of a question as to a minute. Steven Bradbury is the head hospital wing, with the acting Attor- whether this man can serve this coun- of the Office of Legal Counsel, also ney General and with the President’s try in this critical position in the known as OLC. OLC is a small office Chief of Staff, to a man in an intensive White House based on what we have and most people have never heard of it, care unit and try to persuade him to seen over and over again: his com- but it has a great deal of power, espe- sign a document to overrule Jack Gold- plicity in some of the most embar- cially in this administration. The Of- smith. rassing chapters in this administra- fice of Legal Counsel issues legal opin- Fortunately, Attorney General John tion, including some that have been ions that are binding on the executive Ashcroft, to his credit, refused. When publicly repudiated. branch of Government. Jack Goldsmith finally left the Justice Last fall, while the Senate was con- In the Bush administration, OLC has Department, the administration real- sidering the nomination of Judge Mi- become a rubberstamp for torture poli- ized they did not need any more trou- chael Mukasey to be Attorney General, cies that are inconsistent with Amer- ble from the Office of Legal Counsel, the judge pledged to me in writing that ican values and laws. In August of 2002, they needed someone in that office who he would personally review all of the the Office of Legal Counsel issued the would not rock the boat, would not Office of Legal Counsel’s opinions deal- infamous torture memo. This memo question their opinions, someone who ing with torture. He said he would de- sought to redefine torture, narrowing would rubberstamp their policies. termine whether each of these opinions it to a limited situation of abuse that So, in June 2005, President Bush nom- can be provided to Congress and wheth- causes pain equivalent to organ failure inated Steven Bradbury to succeed er he agreed with the legal conclusions or death. These words meant the Jack Goldsmith—Steven Bradbury, the of each of these opinions. This promise United States was preparing to aban- person who has now become the center- made by Attorney General Mukasey to don generations of commitment to out- piece of the entire appointment agenda me, to the Judiciary Committee, and lawing and prohibiting torture. This of the Bush administration. Although to the Senate is a matter of public memo also concluded the President has Mr. Bradbury has never been confirmed record. the right to ignore the torture statute, in this position, he has effectively been Last week, Attorney General which makes torture a crime. This head of OLC for 21⁄2 years. Mukasey appeared before the same Ju- memo was official Bush administration In 2005, Mr. Bradbury reportedly diciary Committee for the first time policy for years, until it was finally signed two OLC legal opinions approv- since he was confirmed. I asked him leaked to the media, and the adminis- ing the legality of abusive interroga- point-blank whether, as he had prom- tration was forced to repudiate it. tion techniques. One opinion, on so- ised, he had reviewed all of the OLC Jay Bybee, who was then the head of called ‘‘combined effects,’’ authorized torture opinions. I specifically asked the Office of Legal Counsel, signed that the CIA to use multiple abusive inter- him about Steven Bradbury’s ‘‘com- memo. Unfortunately, Mr. Bybee was rogation techniques in combination. bined effects’’ opinion, which Jim confirmed to a lifetime appointment on According to the New York Times, Comey said would shame the Justice the Federal bench in the Ninth Circuit then-Attorney General Alberto Department if it became public. Sadly, before Congress and the American peo- Gonzales approved this opinion of Mr. the Attorney General said he had not ple learned about his complicity in the Bradbury over the objections of then reviewed those opinions. He realized creation of this infamous torture Deputy Attorney General Jim Comey, that he had made a promise to me that memo, a memo that was repudiated by who said the Justice Department would he would, and we left it at that. He did the Bush administration once it be- be ashamed if the memo became public. acknowledge in the course of his testi- came public. Mr. Bradbury also authored and mony how much he respected Jim Jack Goldsmith succeeded Jay Bybee Alberto Gonzales approved another Of- Comey, how he had turned to him for as head of the Office of Legal Counsel. fice of Legal Counsel opinion, con- advice and believed he was an honor- Mr. Goldsmith is a very conservative cluding that abusive interrogation able man. I feel the same. I trust that Republican, but even he was disturbed techniques, such as waterboarding, do Attorney General Mukasey is also an when he heard what was happening at not constitute cruel, inhumane or de- honorable man who will keep his word. the Office of Legal Counsel. grading treatment. This opinion was In the meantime, while all of this As head of that office, he revoked the apparently designed to circumvent the continues, Steven Bradbury remains as misguided OLC opinions dealing with McCain torture amendment. I was the effective head of the Office of Legal warrantless surveillance and torture. proud to cosponsor JOHN MCCAIN’s tor- Counsel, even though it has been 21⁄2 He decided those opinions went too far. ture amendment. We are in the midst years since he was nominated and he Deputy Attorney General Jim Comey of a Presidential campaign, and I sup- has never been confirmed. Legislation supported Mr. Goldsmith’s actions. Let pose you have to be careful as a Demo- known as the Vacancies Reform Act me say a word about Mr. Comey. My crat saying anything positive about a prohibits a nominee from serving for colleague and friend for years, Senator man who may be the Republican nomi- this long without confirmation. It SCHUMER, first told me about Jim nee. makes a mockery of the confirmation Comey when he was chosen to be the But I could not think of another Sen- process that Mr. Bradbury assumes a Deputy Attorney General under Attor- ator who could speak with more au- role he has never been given under the ney General Ashcroft. Senator SCHU- thority on interrogation and torture law. Apparently, he is so important to

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.042 S06FEPT1 smartinez on PRODPC61 with SENATE S696 CONGRESSIONAL RECORD — SENATE February 6, 2008 the Bush administration, they are will- approach which would have kept Amer- ney General yesterday and said: Here is ing to violate this law to keep him in ica and our Constitution safe. exactly what I am looking for, the let- his position, and they are prepared to Yesterday, we learned why Steven ters we have sent, the questions we toss overboard scores of nominations Bradbury is so important to the White have asked, and I want you to respond which could be approved by this bipar- House. We also learned why he refuses to them. I hope I receive that response tisan Senate if they would only relent to condemn waterboarding. It was by the end of the day. If I receive that on this nominee, who is obviously not Super Tuesday, so a lot of political response and it is a good-faith re- going to be approved. The fact that Mr. minds were focused on other places and sponse, even if I disagree with it, if it Bradbury continues to serve as the ef- other things. Unfortunately, it didn’t is a good-faith response, then Judge fective head of the Office of Legal get a lot of attention, but every Amer- Filip can move forward. I hope he will. Counsel appears to be an attempt to ican should know what happened yes- It is now in the hands of Attorney Gen- circumvent the confirmation process in terday on Capitol Hill. eral Mukasey. order to install this controversial In testimony before the Senate Se- Let me highlight two of the ques- nominee in a key Justice Department lect Intelligence Committee, CIA Di- tions I am asking: First, does Attorney post in the closing days of this admin- rector Michael Hayden acknowledged General Mukasey agree with the legal istration. that the United States of America has conclusions of the Office of Legal Ironically, the Vacancies Reform Act used waterboarding, a form of torture, Counsel torture memos written by Ste- to which I referred was passed by the on three detainees. Waterboarding, or ven Bradbury, that Jim Comey believes Republican-controlled Congress in 1998 simulated drowning, is a torture tech- the Justice Department would be to limit the ability of then-President nique that has been used since at least ashamed of if they were made public? Clinton’s nominees to continue to the Spanish Inquisition. It has been Second, will the Justice Department serve in an acting capacity. The legis- used by repressive regimes around the investigate the administration’s use of lation was specifically targeted at Bill world. waterboarding to determine whether Lann Lee, the first-ever Asian-Amer- Every year, the State Department any laws were violated? I didn’t call for ican head of the Civil Rights Division. issues a report card on human rights in prosecution but simply for an honest Apparently, the Bush administration is which we are critical of other countries investigation. ignoring the very law which a Repub- that engage in what we consider to be I recognize the Bush administration lican Congress passed to make it clear basic violations of human rights. In- wants to confirm Steven Bradbury, to that the President does not have the cluded in those basic violations is tor- ensure they have a firewall to protect authority to appoint people like Steven ture of prisoners. Included in that tor- their torture policies. But what is at Bradbury in an acting capacity with- ture is waterboarding. So once a year stake here is more important than this out confirmation. we stand in judgment of the world and one nominee. This is about who we are Why has Mr. Bradbury not been con- condemn them for engaging in as a country. This is about the United firmed? For years, the Justice Depart- waterboarding and torture techniques States, our values, our standards of ment has refused to provide Congress on their prisoners. Yet it is clear from conduct. This is about whether the with copies of the opinions Mr. the testimony yesterday of General United States can, with a straight face, Bradbury authored on torture. Mr. Hayden that we have engaged in some be critical of regimes and countries Bradbury has refused to answer of those techniques. around the world that engage in abu- straightforward questions from myself Following World War II, the United sive interrogation techniques. This is and other members the Judiciary Com- States prosecuted Japanese military about whether we protect American mittee regarding his role in this. personnel as war criminals for soldiers and American citizens from Here is what I said in November 2005 waterboarding American servicemen. torture by unequivocally condemning about Mr. Bradbury’s nomination: The Judge Advocate Generals, the those forms of interrogation. The Since the Justice Department refuses to highest ranking military lawyers in United States cannot be a country that provide us with OLC opinions on interroga- each of the U.S. military’s four defends a practice which the civilized tion techniques, we do not know enough branches, have stated publicly and un- world has considered torture for over about where Mr. Bradbury stands on the equivocally that waterboarding is ille- five centuries. issue of torture. What we do know is trou- gal. Democrats are willing to work with bling. Mr. Bradbury refuses to repudiate un- Now the United States of America the President, in a bipartisan manner, American and inhumane tactics such as has acknowledged engaging in conduct to confirm nominations. But the Presi- waterboarding. that we once prosecuted as a war dent’s response to the majority leader’s As I have said before, I believe that crime. This is unacceptable. work in confirming more than 80 nomi- at the end of the day, when the history Yesterday, I sent the Attorney Gen- nations in December by renominating is written of this era, there will be eral a letter. I wanted to spell out Steven Bradbury last month is not en- chapters that will not be friendly to clearly for him, so there is no mis- couraging. If the President truly wants this administration. understanding, why it is important to confirm his nominations, he should In past wars, Presidents of both po- that he respond to several requests not be pouring coffee and tea at the litical parties have been guilty of ex- which I have made for information. At White House. cessive conduct, in their own view, as the heart of it is a good man, a judge He ought to have his Chief of Staff, part of national security. One can re- named Mark Filip, who serves in the Mr. Bolten, pick up the phone and say: member the suspension of habeas cor- Northern District of Illinois, a man Let’s get down to business. There are pus by President Lincoln during the whom I supported for his confirmation important Democrats and Republicans Civil War, the Alien and Sedition Act as a Federal judge and who has re- who can be appointed tomorrow if the of World War I, and the Japanese in- ceived positive reviews for his service President will understand that the en- ternment camps of World War II. All of on the bench. tire fate and future of his administra- these examples, as we reflect on them Attorney General Mukasey would tion should not hang on this one nomi- in history, do not reflect well on this like Judge Filip to be his Deputy At- nee, Steven Bradbury, who has been country. Decisions were made which torney General. That is a good choice. implicated in some of the most ques- many wish could be undone. The same But I have said to the Attorney Gen- tionable practices of this administra- is likely to be true when it comes to eral, there is only one thing between tion. I hope the President and his Chief the issue of torture and the war on ter- my enthusiastic vote for Mark Filip of Staff, after they have had their cof- rorism under the Bush administration; and his remaining on the calendar: The fee with these potential nominees, will this issue of warrantless surveillance, Attorney General has to respond to in- pick up the phone and work with us for where for years, literally, this adminis- quiries I have made, some of which the right result. tration went beyond the law and at- were made months ago, on this critical I yield the floor. tempted to intercept communications issue of torture. I wanted to make cer- The PRESIDING OFFICER (Mr. when they could have come to Congress tain that there was real clarity in my MENENDEZ). The Senator from Ala- and received bipartisan support for an request. So I sent a letter to the Attor- bama.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.044 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S697 Mr. SESSIONS. Mr. President, I have attacked us around the world. enemy combatants. So we have endan- would like to share some thoughts on They attacked us repeatedly before 9/ gered, sometimes I really believe, not the FISA legislation. It is critically 11, and they desire to destroy our coun- only our troops, who put themselves in important, and we need to pass the In- try. harm’s way—and are in harm’s way telligence Committee bill. Our administration made a decision right now—to carry out the policies we I will first say, in response to my after 9/11 that we could not treat these gave them, but innocent Americans able colleague from Illinois, that Gen- kinds of military attacks, designed to here at home. eral Hayden’s comments in which he destroy our country by organized for- We have to keep this threat in the indicated three people had been sub- eign forces, as normal law enforce- forefront of our minds. These are indi- jected to waterboard torture are some- ment. I was a former Federal pros- viduals dead set on the destruction of thing we ought to think about. First, I ecutor. In a criminal prosecution, you our country at any cost. There is noth- am glad, as he said and has been re- try to catch people after they have ing they will not do. peated, waterboarding was only used committed the crime. But these acts Let me state that the FISA law three times early on after 9/11 against are so horrible that the nature of them should be made permanent. It should some of the most dangerous people we is such that they are acts of warfare not merely be extended with another have ever dealt with. and not crimes, and they need to be sunset provision. It is a fallacious ar- As a result of the debate and discus- treated in that fashion. We remain gument to claim we cannot revisit a sion about that, we had an amendment somewhat confused about it. So the old law unless there is some sunset when it on the floor of the Senate, which Sen- policy meant you would investigate ends. As Members of this Congress, it is ator KENNEDY offered to the Military after the crime was committed. It was incumbent upon us to continually re- Commissions Act in 2006, to prohibit basically a stated or implicit policy of view legislation we pass to ensure that waterboarding. It failed 46 to 53. We the Clinton administration. We cannot the laws are accomplishing the goals have a statute that does prohibit tor- return to that kind of strategy. set forth and that no unintended con- ture—Congress passed it overwhelm- One of the most important legal pow- sequences occur. There is no sound rea- ingly and it was supported by Senators ers and authorities we have to defend son to pass critical legislation such as KENNEDY, LEAHY, BIDEN, and others— America is the Foreign Intelligence the Protect America Act and slap an that defined torture as infliction of se- Surveillance Act. It has played a key expiration date on it. Fighting the war on terror is a long- vere physical or mental pain or suf- role in preventing subsequent attacks term enterprise that requires long- fering. I am glad we are no longer uti- on U.S. soil for the last 6 years. We are term institutional changes. As the Vice lizing waterboarding. I hope we never dealing with very real, very imminent President said in a recent speech: have to do it again. threats, and we must continue to assist I just want to say to my colleagues, the fabulous military and intelligence The challenge to the country has not ex- pired over the last six months. It won’t ex- be careful how you portray the United personnel who are working this very pire any time soon, and we should not write States around the world. moment long hours to protect our Na- laws that pretend otherwise. Mr. Goldsmith, who has been quoted tion. The Intelligence Committee bill is a here and previously testified before our I have visited our National Security collaborative, bipartisan compromise committee, has written a book. He said Agency and met with the people who that was crafted in consultation with this war on terror has been the most gather the intelligence under this act. members of the Intelligence Com- lawyered war in the history of the Re- They love America. These are not peo- mittee, the Director of National Intel- public. Lawyers have been involved in ple who are trying to harm our country ligence, the Department of Justice, and everything. Great care has been given and deny us our liberties. They are the intelligence community after to ensure the law was followed. To sterling individuals who carefully fol- months of negotiation and review of compare waterboarding of 3 individuals low the rules we give them. They fol- highly sensitive information, most of to what was done to American pris- low the rules. They say they cannot which was classified, secret, about the oners by the Japanese in World War II continue effectively to do their job un- current surveillance procedures and is just unthinkable. To date, not a sin- less we pass this legislation. They can- how they were being used by the Gov- gle prisoner whom we have captured in not continue to do what they need to ernment to obtain critical national se- the War on Terror has died, to my do. curity information. We cannot over- knowledge, in American custody— The terrorists waging war against stress that the committee most inti- maybe or one or two from some dis- our country do not fight according to mately involved with this process and ease, but certainly not from abuse. the rules of warfare, international law, the electronic measures being utilized I just finished reading the book moral standards, or basic humanity. voted their bill out by an overwhelm- ‘‘Hells Guest’’ by Mr. Glenn Frazier They have even, in recent days, appar- ingly bipartisan 13-to-2 vote. from Alabama, a Bataan Death March ently used mentally ill women as sui- Remember, it has been over 6 years 4 survivor. About 90 percent of those cide bombers, setting off bombs that months since the terrible attacks of prisoners died. They starved to death. have resulted in the deaths of other September 11, and we may be most They were beaten on a regular basis people, as well as the poor people who thankful that not one attack has been and abused in the most horrible way. had the bombs strapped to them. carried out on our soil since that day. To even compare what was done to So, historically, we have provided the As we move further from that dreadful American soldiers wearing a uniform protections of the Geneva Conventions day, I fear our memories have begun to lawfully being a combatant to what only to those whose conduct falls with- fade. Otherwise, there is no sound jus- has been done to a few people without in the rules of war, those who fight tification for doing anything other any physical or permanent injuries is under a flag of a nation, who wear uni- than reauthorizing the Protect Amer- not fair. It is part of a rhetoric de- forms against other organized military ica Act, which would allow the intel- signed for political consumption at units. However, under a twisted ration- ligence community to simply continue, home that has embarrassed our coun- ale, predicated on the belief by some uninterrupted, their work which has try around the world and led decent that we are not fighting a real war, we been protecting this Nation and can people around the world to believe our have given more rights to these indi- continue to protect it in the future. military is out of control and we are viduals, who flatly reject any rule of After the intelligence Committee systematically abusing and torturing war, than we have provided to legiti- passed a bill, the Senate Judiciary prisoners when it is not so. We ought to mate prisoners of war who have fol- Committee, of which I am a member, be ashamed of ourselves to go on again lowed the rules of war. We have done got involved and produced a partisan and again about it. that in a number of different in- bill. We already voted to table the par- We continue to be confused. Our stances—it is sort of amazing to me— tisan Judiciary substitute, and we de- country faces very real dangers. Ter- including providing them with habeas bating the bipartisan Intelligence Com- rorists are determined to damage this corpus relief to go to Federal court. mittee bill. Let me point out, however, country. It is not just talk. We know it These are not traditional prisoners of something that happened in the Judici- is true. They have done it before. They war, but prisoners who are unlawful ary Committee. The bill produced by

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.045 S06FEPT1 smartinez on PRODPC61 with SENATE S698 CONGRESSIONAL RECORD — SENATE February 6, 2008 the committee was given very little acted by giving approval to the pro- ceed, even allowing for the Government process during one committee meeting gram in passing the Protect America to be substituted for the telecom com- where 10 Democratic amendments were Act overwhelmingly last August. I did panies, we run the risk of exposing the accepted along a strict party-line vote, not want to be too lighthearted about things our enemies really want: classi- and the bill itself, ultimately, was it, but I remember all the brouhaha fied national security information. voted out with only Democratic sup- that this program was somehow wrong Make no mistake, if forced to defend port. No Republican voted for it. It was and had to be eliminated, and people themselves against lawsuits brought a purely partisan bill. made all these unsubstantiated allega- about because they cooperated with a Strikingly, the one vote that gar- tions. But after we went in great depth, government request certified to be nered bipartisan consideration was we found, as Mr. Goldsmith said, that legal, companies will certainly hesitate against an amendment that was offered the lawyers have been on top of this or refuse outright to cooperate in the by Senator FEINGOLD to strip the retro- since day one. It was a carefully con- future. Even where substitution by the active liability protections found in structed program. A court opinion Government is an option, we would be section 2 of the Intelligence bill. issues last spring caused us to not be putting national security decisions in We had a discussion and vote on able to continue the way it was being the hands of corporate counsels in the whether the liability protections to done, and the Intelligence community future whose duties—and their first re- keep the companies that helped us and asked us for legislation so it could con- sponsibilities—extend to the stock- responded to Government requests— tinue. The Congress passed the Protect holders of their company, and not the whether they should be sued for doing America Act this summer, but it was a national security. so—should be stripped from the bill. We short-term bill that lasted only 6 If we ask a company to help us, do we voted in the Judiciary Committee, 12 months. want all the lawyers in that company to 7, to follow the recommendation of All I would want to say is, nobody to say: Wait a minute. The last time the Intelligence Committee bill that apologized to President Bush or the At- we worked with you government we they passed 13 to 2, and keep the lim- torney General of the United States or got sued, and we are going to review all ited liability protections. So it was a the people at the National Security of this because some court may hold 12-to-7 vote to defeat the Feingold Agency for all the bad things they said this—or George Soros may fund some amendment that would have removed about them. After having studied what lawsuit and tie us up in court. We don’t those liability protections. they did, we concluded it is constitu- think we want to help. I think they Directly after that vote, however—it tional and legal and proper and nec- would naturally take that tack in the was curious how it all happened—but essary, and we actually passed a law to future to resist cooperation. directly after that vote, Chairman authorize it to continue. During floor debate in December, the LEAHY moved to report only Title I of But still, there have been over 30 law- distinguished chairman of the Intel- the Judiciary substitute bill out of suits now filed against telecom pro- ligence Committee, our Democratic Committee. When that passed, that ef- viders for their alleged participation in colleague Senator ROCKEFELLER, said fectively stripped the liability protec- the terrorist surveillance program—30 this. This is what he said about the tion provisions the committee had just lawsuits. Analysis of these lawsuits matter: voted to keep. leads only to the conclusion that the Our collective judgment— The point is that the Democratic- plaintiffs are substituting speculation and he is talking about the Intel controlled Judiciary Committee, when and a fevered brow for fact and are ig- Committee members— voting directly on removing retro- noring the dangerous consequences active liability, voted 12 to 7 to keep it. these lawsuits can have on our na- Our collective judgment on the Intel- ligence Committee is that the burden of the But by the time we passed out the Ju- tional security. diciary Committee’s version of the bill, debate about the President’s authority I do not know who is actually filing should not fall on the telecommunications we had taken it out. I’m not sure peo- these lawsuits. I will just say this, par- companies— ple fully understand how that occurred, enthetically: Last October, before the In other words, the debate about but it certainly was an odd thing that last election, Lancet magazine pro- whether the President had authority to it passed out of committee without li- duced a report—a medical magazine in do this shouldn’t fall on the tele- ability protection, when we specifically England—that said 500,000 to 700,000 communications counsels— voted to keep that language in the Iraqis were killed by the American overall bill. military in Iraq. And ABC, CBS, and because they responded to the representa- Now, the main area of disagreement tions by Government officials at the highest our Democratic colleagues all raised levels that the program had been authorized is over this important question that cane that, unbelievably, we would kill by the President and determined to be lawful will be coming up, I understand, in the this many people. After the election and received requests, compulsions to carry amendment offered by Senator DODD, was over—and by the way, the guy who it out. Companies participated at great risk amendment No. 3907—and a Specter- wrote the report said he wanted to be of exposure and financial ruin for one reason, Whitehouse amendment that will allow sure it came out before the election— and one reason only: in order to help identify substitution—which will, in effect, we learned some things about it. terrorists and prevent follow-on terrorist at- allow litigation to continue against In a fabulous article in the National tacks. They should not be penalized for their telecom companies that responded to Journal, an unbiased magazine, they willingness to heed the call during a time of national emergency. the requests of the Attorney General of detailed the fraudulence of that arti- the United States, certified by the cle, and pointed out that even an Senator ROCKEFELLER said that. President. So our disagreement is antiwar group said, at most, it was The ranking member of the Judiciary whether we should provide these good 50,000, not 500,000 or 700,000. And where Committee who favors substitution has corporate citizens who cooperated with did they find out the money for the stated this, flat out: a formal written request by the Attor- Lancet article came from? George The telephone companies have acted as ney General of the United States, cer- Soros, and the MoveOn.Org crowd. The good citizens. tified by the duly-elected President of ‘‘blame America first’’ crowd. Well, I Certainly they have. In many in- the United States, to provide informa- don’t know who is actually funding stances, the Government must seek as- tion for a surveillance program imple- these lawsuits. We ought to ask some sistance from the private sector and mented shortly after the attacks on questions about it. Certainly there is private individuals to help protect our September 11—and at that point in no indication that anybody’s liberties national security and even local secu- time, we did not know how many ter- have been impacted adversely. rity in our communities. In order for rorist cells there were in the country If these suits are allowed to continue, this practice to continue, we must and what plans they may have had. we face a number of problems. The allow them to rely on assurances that Now, the nature of the program is sources and methods relied on by our the assistance they provide is not only highly classified, but after an uproar of intelligence community to conduct legal but essential to protect our na- complaints, the procedures were stud- surveillance are highly classified, and tional security without fear that they ied carefully by Congress, and we re- if these lawsuits are allowed to pro- will have their names dragged through

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They are forget- tions incorporated in the Intel bill, our law enforcement and intelligence ting the safety of America, and they plaintiffs seeking to question the Gov- officers, and that fosters a fundamental are ignoring sound legal precedent. ernment will have their day in court as mistrust of those officials who are Some in this body sincerely believe it only protects good corporate citizens working daily to serve all of us. The that liability protection is not needed from civil suit. So the liability protec- burden should not fall on the shoulders if these companies did nothing wrong, tions in this bill do not preclude law- of good corporate citizens who are act- they say. Well, this is faulty reasoning suits against the Federal Government ing patriotically to help save lives and since either allowing the lawsuits to from going forward. In fact, there are protect our country. proceed or substituting the Govern- at least seven lawsuits currently pend- I urge my colleagues to vote to sup- ment will still force them to be a party ing against the Government that will port the Intel Committee bill, a care- to lawsuits that run the risk of expos- proceed against the Government or fully crafted, carefully studied, bipar- ing national security information or Government officials. This was accept- tisan bill. I also urge my colleagues to doing irreversible financial and ed by the Intelligence Committee. support the liability protections in the reputational damage to companies in- Some wanted to say you couldn’t sue Intelligence Committee legislation and nocent of any wrongdoing. We are put- the Government for these activities a vote against any amendments that ting these companies in harm’s way also, but the Intel Committee reached attempt to strip these provisions or in when they, bound by a sense of patriot- an agreement, an overwhelmingly bi- any way alter the carefully structured, ism and civic responsibility, partici- partisan agreement, that would allow limited provisions of the bill. pate in a government program that was those lawsuits to proceed. I thank the Chair and yield the floor. certified to be legal by the Attorney The companies that helped the Gov- The PRESIDING OFFICER. Who General of the United States and the ernment did so to help protect us from yields time? The Senator from Georgia is recog- President of the United States. further attack, and valuable informa- If the Government is substituted—in tion has been gathered with their help. nized. Mr. CHAMBLISS. Mr. President, I accordance with one of the theories I have been out to the National Secu- rise today to discuss Senate amend- that has been offered—in the place of a rity Agency. I have talked with the ment No. 3907 offered by Senators DODD particular company, it will most cer- people. I know they scrupulously fol- and FEINGOLD to the Intelligence Com- tainly assert the state secrets privi- low the rules we give them, and I know they have gained great, valuable infor- mittee’s FISA legislation. I com- lege, leaving, in effect, the company pliment my friend from Alabama for virtually impotent when it comes to mation through this program, and I know they lost very valuable informa- some very strong, very pointed re- mounting a defense and showing what marks on this issue as well as the other their legitimate actions were. Due to tion when the program had to be stopped. This information has saved issues he addressed. the nature of this state secrets privi- I am pleased the leaders of the Intel- undoubtedly countless American lives lege, a company will be forbidden from ligence Committee were able to come by enabling our intelligence commu- making their case and will be left with- up with an agreement on how to pro- nity to thwart attacks. out the ability to even confirm or deny ceed on this important legislation. I Some have said this amounts to am- their participation in the program. We look forward to the debate on many of nesty, but that couldn’t be further should applaud the actions of these these amendments. citizens, not stab them in the back by from the truth. Amnesty is an act of A couple of the amendments have suing them for their actions. forgiveness for criminal offenses, such been offered relating to title II of the To refresh everyone’s memory, the as granting citizenship to people who bill which provides immunity to those Intelligence Committee, after months broke the law to come into our country telecommunication carriers that cur- of negotiation in highly classified set- illegally. The companies were oper- rently face lawsuits for their alleged tings, rejected an amendment to strip ating under a certification of legality assistance to the Government after liability protection from the bill for in a time of national danger doing September 11 and their participation in these companies by a vote of 12 to 3. It what they could as Americans to follow what is known as the terrorist surveil- then passed the bill out in toto by a bi- the law and prevent future attacks. At lance program, or TSP. Senators DODD partisan vote of 13 to 2, protecting no point during their participation and FEINGOLD have offered an amend- these companies from lawsuits. were their actions illegal. For Heaven’s ment striking this section. Senators The Judiciary Committee, on the sake. To grant liability protection is to SPECTER and WHITEHOUSE have offered other hand, had one markup after less adhere to that great Anglo-American an amendment which would substitute than 2 weeks of reviewing the Intel- legal tradition for hundreds of years the Government as a defendant for the ligence Committee’s legislation, and that when called upon by a law officer, telecommunication providers currently rejected an amendment specifically with apparent legal authority, wearing being sued for their alleged support to that would have denied liability pro- a uniform, out on the street, a citizen the President’s TSP program. I do not tection by a vote of 12 to 7. So we voted is not to be held legally liable if, in re- support either of these amendments. not to allow them to be sued either. sponding to the officer, the officer was As a member of the Select Com- Furthermore, the Judiciary Committee wrong. That is all we are talking mittee on Intelligence, I had access to rejected an amendment to allow the about. That is a fundamental, histor- classified documents, intelligence, and Government to be substituted for the ical, legal principle. The only ques- legal memoranda, and heard testimony plaintiffs by a vote of 13 to 5. We re- tion—the legal question has always related to the President’s TSP pro- jected substitution too, although the been simply this: whether the citizen gram. After careful review, as stated in liability protections were ultimately was responding to a legitimate request the committee report accompanying removed from the bill the Judiciary by a government law officer, a police this legislation, the committee deter- Committee passed. officer to chase a bad guy. Was the cit- mined: Even if the Government is sub- izen acting reasonably in believing this That electronic communication service stituted, plaintiffs in litigation will was a legitimate law enforcement re- providers acted on a good faith belief that seek discovery, they will file deposi- quest and he was helping by being a the President’s program, and their assist- tions and ask for interrogatories and good citizen. That is the test. If he par- ance, was lawful. motions to produce. They will seek ticipated knowingly with somebody The committee reviewed the cor- trade secrets and highly classified acting illegally, then that citizen could respondence sent to the electronic technologies. Companies would still be liable. Certainly certification by the communications service providers stat- face many litigation burdens. They Attorney General and the President of ing that the activities requested were would be—we would be subjecting them the United States in written docu- authorized by the President and deter- to harm, not only from consumer back- ments suffices as a legitimate request. mined by the Attorney General to be

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.048 S06FEPT1 smartinez on PRODPC61 with SENATE S700 CONGRESSIONAL RECORD — SENATE February 6, 2008 lawful, with the exception of one letter Some of my colleagues have com- many of my colleagues read yesterday, covering a period of less than 60 days in plained about access to the documents and that we are all reading repeatedly which the counsel to the President cer- regarding the President’s program. It around the United States, and that is tified the program’s lawfulness. The is true many Members of Congress have the rapid increase in the number of committee concluded that granting li- not had access, nor have they had an houses going into foreclosure. I want to ability relief to the telecommuni- opportunity to review these docu- address that in the context of the eco- cations providers was not only war- ments. There is a good reason for that. nomic stimulus package and in the ranted but required to maintain the These documents are highly classified context of a possible recessionary tend- regular assistance our intelligence and and represent details about intel- ency in the economy, and also from a law enforcement professionals seek ligence sources and methods. I worry historical perspective, in that we have from them. that expanding the number of people been down this road before, and suggest Although I believe the President’s who have access to these documents there is an action the Senate and the program was lawful and necessary, this will increase the likelihood that intel- Congress could take, and the White bill makes no such determination. This ligence will get leaked into the public. House could endorse, that could avoid is not a review or commentary on the It is more appropriate that the over- an awful lot of foreclosures, improve President’s program; rather, it is a sight committee review and report the housing market, reverse the ten- statement about how important this back to the Senate on the various in- dencies toward recession, and be a pri- assistance by the electronic commu- telligence activities of the United vate sector solution to a problem that nication providers is to our Govern- States. That is why the Senate has an is going to be a tremendous burden if ment. Intelligence Committee. As a member, we don’t act. I cannot understate the importance I am familiar with handling classified I understand the short-term surgical of this assistance—not only for intel- material and receiving classified brief- benefits of the stimulus that was ligence purposes but for law enforce- ings. I have made commitments to passed by the House, the other benefits ment purposes also. The Director of safeguard the information I learn be- that the Finance Committee passed. National Intelligence and the Attorney hind closed doors within the Intel- We will work ourselves through that in General stated: ligence Committee. Given the wide the next few weeks, and shortly there- Extending liability protection to such array of information I have heard on after the American people will more companies is imperative; failure to do so the Intelligence Committee, I question than likely be receiving a check of $300 could limit future cooperation by such com- the benefits a Member would gain from or more with which to infuse some en- panies and put critical intelligence oper- such a limited, yet specific, review of ations at risk. Moreover, litigation against ergy into the economy. But while that companies believed to have assisted the Gov- the operations of our intelligence com- is going on, these numbers of a 200-per- ernment risks the disclosure of highly classi- munity. Rather, I urge my colleagues cent and 300-percent increase of houses fied information regarding extremely sen- to support the determination of the In- going into foreclosures are going to sitive intelligence sources and methods. telligence Committee, which is charged materialize into houses in foreclosure. There is too much at stake for us to with regularly reviewing the intel- When we get into the second quarter strike title II and substitution is not ligence activities of the United States of this year and the middle of the sum- an acceptable alternative. This week, and oppose the amendments offered by mer, we are going to find ourselves in we have been alternating between leg- Senator DODD and Senator FEINGOLD. a difficult situation where the fol- islation geared to helping our tax- Providing our telecommunications car- lowing has happened: a tremendous payers and FISA. Yet substituting the riers with liability relief is the nec- number of houses foreclosed on, the Government in these lawsuits will essary and responsible action for Con- banks and lenders taking back inven- force the American taxpayer to front gress to take. The Government often tory—and there is a term called REO, the heavy legal bills associated with needs assistance from the private sec- real estate owned—and the regulators this legislation. tor in order to protect our national se- coming in, looking at their books and Substitution would allow these trials curity and, in return, they should be telling them to get rid of that inven- to continue and could risk exposure of able to rely on the Government’s assur- tory. The lenders are going to then classified sources and methods through ances that the assistance they provide write them down, take them to the the discovery process in the litigation. is lawful and necessary for our national marketplace with deep discounts, and As a defendant in these frivolous law- security. As a result of this assistance, sell them. suits, the Government may be required America’s telecommunications carriers Now what that is going to do to your to expose some of our most sensitive should not be subjected to costly legal homeowners Jim Weichert sells to in intelligence sources and methods. Let battles. New Jersey, mine in Georgia Harry me emphasize the committee already With that, I yield the floor and sug- Norman sells to, and those from all found that these communication pro- gest the absence of a quorum. around the country, is those people The PRESIDING OFFICER. The viders acted in good faith under asser- who are in houses making payments clerk will call the roll. tions from the highest levels of our and they are in good shape, their value Government that the program was law- The bill clerk proceeded to call the roll. is going to plummet because of the ful. If an individual alleges he or she Mr. ISAKSON. Mr. President, I ask number of foreclosures that is flooding has a claim due to this program, that unanimous consent that the order for the market. What happens is the eq- claim can be brought against the Gov- the quorum call be rescinded. uity, the difference between their ex- ernment and should not be brought The PRESIDING OFFICER. Without isting mortgage and the value of the against the providers. The Intelligence objection, it is so ordered. house, decreases because the value of Committee bill left open the option for Mr. ISAKSON. Mr. President, I ask the house goes down. If they are like 87 Americans to sue the Government. An unanimous consent that I be allowed to percent of the American people who aggrieved individual may sue the Gov- address the Senate as in morning busi- have an equity line of credit, where ernment and attempt to prove standing ness. they use the equity in their house as a and a cause of action. However, sub- The PRESIDING OFFICER. Without line of credit, if you will, their avail- stituting the Government doesn’t objection, it is so ordered. able credit is going to be squeezed. shield our American business partners ECONOMIC STIMULUS You know what is going to happen from these cases, nor does it relieve Mr. ISAKSON. Mr. President, we are then? They are going to stop spending. them of the liability to their stock- on a very important piece of legisla- When that happens, we will have the holders they may unjustly face and tion, and I thank Senator BOND for all full pressure of the economy in a down- which may be borne out in our econ- his hard work, and other members of ward spiral, and it begins to feed upon omy. Substitution only increases the the Intelligence Committee. I hope we itself. That is precisely what happened risk of leaks, and these potential rev- can very soon pass a good FISA bill on in 1975. elations only make our enemies better the floor. In 1973 and early 1974, there was a informed on the tools we have to con- I want to deviate from that debate great housing boom in the United duct electronic surveillance. for a second to talk about a headline States, like we have had over most of

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.049 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S701 the last decade. And like what hap- make a living to educate my three good times, but again paychecks for pened over most of the last decade with children, and I saw my Government most working families have not kept subprime loans and underwriting, back come to the rescue of the housing econ- up. In fact, they have been flat. in 1974, money got awfully loose. Banks omy through energizing people to go in With prices accelerating, wages flat, made loans with very little under- and purchase houses that were in trou- and a huge gap in the capacity of mid- writing criteria, and we had a plethora ble, rather than bail them out some- dle-income working Americans to keep of new homes built all over the United where down the line, and it worked. up and try to get ahead, the subprime States by newfound homebuilders who The cost to the Government was infini- crisis is real. This housing crisis is hav- had a hammer, a pickup truck, and tesimal, yet the benefit to the public ing huge and devastating effects. Two easy credit. We found ourselves at the was astronomical. years ago, most of our constituents, beginning of 1975 with a 3-year supply I hope, as we finish talking about a the vast majority of them, were sitting of vacant housing on the market in the surgical, strategic, short-term stim- around the table thinking: Well, when United States. A viable real estate ulus to get the consumer buying, which my daughter is ready to go to college market is a 6-month supply. So you is what we are talking about in terms in 2008, we will go ahead and borrow had six times the volume of houses of either the Senate Finance Com- from the house to provide the extra in- that would be considered a balanced mittee bill or the House bill, we take a come she will need to go ahead and market, and we went into a deep reces- look at what is coming. Because, be- make it through college. A lot of those sionary spiral. lieve me, in July of this year, if we do families now are recognizing they can’t A Democratic Congress and a Repub- nothing, we are going to be dealing do that. They are more concerned lican President passed a $6,000 tax cred- with a housing supply in this country about a health care incident, because, it available to any family who pur- bigger than it has ever been, with va- unlike a few months ago, there is no chased a standing vacant house in in- cant houses by the thousands in neigh- reservoir in the value of their house to ventory, and that allowed them to col- borhoods, declining values on the value cushion the blow of unexpected ex- lect that credit over 3 years—the 3 suc- of housing, and people who are in good penses. ceeding tax years after the year of shape are not going to be able to either So this housing crisis, together with their purchase. The only thing they have their equity line of credit work or this wage stagnation, together with in- had to do, other than qualify for their be able to move their house in the mar- creased prices for energy and health loan, and qualify under good qualifying ketplace because of the tremendous in- care and education, and so many other standards, is they had to occupy the ventory available. things, is putting middle-class Ameri- home as their residence. In a 1-year pe- History is a great teacher both in cans in a vise and squeezing them. riod of time, we absorbed a 2-year sup- terms of things you should never re- We have to do much better. The ply of housing and returned the hous- peat but also in terms of things that Joint Economic Committee and others ing market to balance and the econ- work and you should repeat again. I have estimated some of the costs al- omy stabilized. Although we had the would submit the tax credit to quali- ready in terms of this mortgage-related impacts of the oil embargo, which was fied individuals to purchase and occupy foreclosure crisis. In my home State, causing problems with inflation, the a troubled house in this economy is an they think $670 million will be lost to economy returned to a relatively sta- incentive that worked not only for the the family incomes of Rhode Island ble time period. betterment of the market but for the from 2007 through the end of 2009. I, along with a number of Members of betterment of our economy and in the These economic conditions are being the Senate, have introduced legisla- best interest of the United States. Sen- felt across the country. They are not tion—Senate bill 2566—which takes ate bill 2566 is an opportunity for us to localized warnings. The weakness in that model from 1975 and applies it to join together to do something good and housing has spread to all parts of our our problem in 2008. What it very sim- right for the American people. Nation and across our economy. ply does is, it offers a tax credit of Mr. President, I yield the floor. Growth in the fourth quarter of last $15,000 for the purchase of any house The PRESIDING OFFICER. The Sen- year was .6 percent compared to a 4.9- that falls in the following category: a ator from Rhode Island. percent increase in the third quarter. new house permitted before September Mr. REED. Mr. President, I ask unan- We are slowing down, moving into a 1 of last year that is standing and va- imous consent to speak as in morning recession. Yesterday the market, Wall cant; a house owned by a lender that business. Street, went down over 300 points, was foreclosed on in the last 12 months The PRESIDING OFFICER. Without largely due to a very weak report of a from an owner occupant; and any house objection, it is so ordered. survey on the service sector. We have pending foreclosure owned by an owner ECONOMIC STIMULUS known for many months now that the occupant who is willing to sell. That is Mr. REED. Mr. President, across the manufacturing economy was having where all this inventory that is begin- Nation, millions of Americans are difficult times, but the service sector ning to flood our market comes from. struggling to make ends meet as our was holding up a bit. The tax credit would be available if the economy has slowed dramatically. In Yesterday, there was a chilling indi- purchase was made between March 1 of December, I spoke on this floor about cation the service sector has also con- this year and February 28 of next year. how President Bush has presided over a tracted. The market took the news So there is a 1-year window to period of divided prosperity in the very badly. The market also took the incentivize those who may be reluctant United States, where a privileged few news very badly a few days ago, when to go in the marketplace to do so. have done remarkably well but the rest we showed a loss of 17,000 jobs, the first The Joint Tax Committee has scored of us have been trying to get by. For time we have actually lost jobs in more this, and guess what the score is—$9.1 most working people, the trademark of than 4 years. billion over 5 years. Put that in the the Bush administration and their Again, the administration’s perform- context of the stimulus package that is economy is wage stagnation. Indeed, in ance in terms of creating jobs has been before us of $150 billion to $160 billion. my home State, real median wages less than stellar, barely keeping up It is a relatively small inducement to have not increased since 2000. with the new entrants into the labor provide a private sector solution to Rhode Islanders are coping not only market on a monthly basis. Now, for what is about to become a huge burden with flat wages but increasing prices in the first time in more than 4 years, we to the taxpayers of the United States critical commodities they must con- have lost jobs. and this Government. sume. Energy, education, and health Furthermore, the average length of I come to the floor at this time in care have all gone up. In January, in unemployment is increasing from 16.6 hopes that some of our colleagues who Rhode Island, gas was $3.11 cents a gal- weeks in December to 17.5 weeks in have not found an interest in this legis- lon; heating oil costs in the Northeast January. More people are losing jobs lation yet will take a look at it. As the are projected to be at least $2,000 this and it is harder to find a new job. author, it is not original thought. I year, which is about a $400 increase Yesterday, the Federal Reserve re- happened to have been a real estate from last year. These price increases leased a survey of senior bank loan of- broker in 1975 trying to hang on and would be difficult to manage even in ficers who indicated that the credit

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.033 S06FEPT1 smartinez on PRODPC61 with SENATE S702 CONGRESSIONAL RECORD — SENATE February 6, 2008 crunch is spreading from consumer move now so we do not see unemploy- people are figuring things out. They loans into the commercial and indus- ment rates climb, so we do not see the are thinking, first of all, they probably trial loan sectors and that foreign duration of unemployment continue to need to take off sending their first born banks are tightening their lending grow, so that we give Americans a real or their second or third child to the ex- terms, in fact, even more so than some chance to get back to work; and if they pensive school; that may be off the U.S. financial institutions. are not back to work, then at least we table for a few years. But they are also Taken together, it clearly shows Wall provide something to sustain them in talking very basically about which Street is going into what one analyst these difficult moments. bills to pay this month? Do we pay our called a recession panic mode and In Rhode Island, my home State, we mortgage? Do we pay the energy bill? many economists are seeing signs that have reached a very high unemploy- Do we pay the credit cards which we weaknesses in our economy are spread- ment rate, 5.5 percent. Many other are using to buy food at the super- ing internationally. In fact, one invest- States are creeping up there too. We market these days? ment banker today, in a speech re- should, I think, move quickly, move I mean, these are the debates Amer- ported on the Internet, suggested that decisively and support the Senate Fi- ican families are having. They are not in the credit markets fear has over- nance package. talking in terms that we are here, such taken greed, creating a situation of We are also beginning to see that un- as what is the best macroeconomic pol- near panic in many respects. employment insurance provides a very icy or how we can delay these expendi- So there is no doubt we have to act good return on the investment. Mark tures, they are talking in terms of a quickly on this stimulus package, not Zandi, the economist I mentioned be- real crisis in the family. We have to re- only to inject needed spending power fore, indicated that for every dollar the spond. One way we can respond quite into the economy to try to revive our Government spends on unemployment clearly is with this LIHEAP money be- consumer sector but also to signal to insurance, it adds $1.64 to the national cause that will go to one of their major the American public we will act deci- GDP. In other words, it leverages the concerns: How do we keep the heat on sively to try to moderate, if not head investments we are making. in the Northeast for the next several off, the effects of a pending recession. So contrary to what some have weeks and month; and in the South- We have, I think, a lot to be grateful talked about as excessive spending, west, in anticipation of the grueling for in the work of Senator BAUCUS and this is exactly the targeted, temporary, temperatures down there in the sum- Majority Leader REID and Senator timely spending that will accelerate, mertime, too. This additional money GRASSLEY in terms of taking a House not decelerate, the economy. will provide an advance payment on proposal and increasing it with impor- The stimulative effects of unemploy- cooling problems in the Southeast and tant provisions, such as expanding the ment insurance will get more money the South, parts of the country that eligibility criteria for income tax re- into the hands of people who will spend will soon encounter warm tempera- bates, including 20 million seniors and it right away in their local commu- tures, not cold temperatures, which 250,000 disabled veterans. nities, which is generally the whole cause their energy costs to rise. The package we are considering also purpose of our stimulus approach. Again, these are the households who includes $10 billion for a temporary ex- Moreover, providing these benefits to need LIHEAP. And so we know we have tension of unemployment insurance these individuals will give them not a program that works in LIHEAP. If we and $1 billion of emergency funding for just some dollars but a sense, I hope, of can deliver additional resources, it will the Low-Income Home Energy Assist- hope, that their Government is re- get to the families who need it, par- ance Program, the LIHEAP program. sponding to their concerns and that we ticularly seniors, it will get out imme- Both of these initiatives are targeted will respond in the future, if necessary. diately. It will add to the stimulus ef- to families, seniors and low-income Making the long-term unemployed fect because as the economists—both households, and they would help jump- eligible for a temporary extension of Mr. Blinder and Mr. Zandi—pointed start the economy. an additional 13 weeks at this time also out, it will leverage our investment in Economists agree these programs makes good sense and is the right the economy. among others are a good use of tax- thing to do. Two weeks ago, I wrote a So with the escalating costs for en- payer money. Last week before the letter to the majority and Republican ergy I would urge my colleagues that Budget Committee, Alan Blinder from leaders asking that they include unem- we go ahead and accept this amend- Princeton University and Mark Zandi ployment insurance in the stimulus ment, particularly the funds for of Moody’s Economy.com both rec- package, and 26 other Senators joined LIHEAP. I urge us all to support the ommended that unemployment insur- me. Senate Finance Committee package, a ance and LIHEAP be included in the Senators DURBIN and KENNEDY have package that provides for greater cov- stimulus package. They also included long led the fight on this issue. I com- erage to seniors and disabled American other elements, but at least these ele- mend them for their efforts. I hope un- veterans and also provides unemploy- ments are part of the list they feel will employment insurance is part of the ment insurance for those who des- provide a bang for the bucks we are final package we are able to vote out of perately need it and heating assistance going to invest in the economy. this body. for, again, the families who desperately They meet the three T test—timely, Now, there is another aspect of the need it. targeted, and temporary. package we will consider later today, I I hope that today, not only good Now, Friday’s disappointing jobs re- hope; that is the LIHEAP support. We sense, good economic sense, but a sense port showed that the ranks of the un- have seen a huge increase in energy of our obligations to the most vulner- employed are unfortunately growing. costs. On average, Americans are able in this country will persuade us to Nonfarm payrolls actually decreased, spending about 11 percent more to heat support this package strongly. as I said, by 17,000 workers last month. their homes this winter. For Rhode Is- The Senator from Texas. In fact, even President Bush acknowl- landers who rely on heating oil, that is Mrs. HUTCHISON. Mr. President, I edged ‘‘troubling signs in the econ- about 39 percent higher than last year ask unanimous consent to speak for up omy.’’ in terms of their heating oil expenses. to 10 minutes and then for Senator So given these facts, I was surprised We know that the timely, targeted, CRAPO to have up to 10 amendments to to hear Treasury Secretary Paulson and temporary aspects of stimulus speak on the FISA bill. say yesterday, in testimony before the have to be met. LIHEAP will do this. It The PRESIDING OFFICER. Is there Finance Committee, that he does not is timely because it will be delivered objection? support including unemployment bene- very quickly. We have a delivery mech- Mr. BOND. Mr. President, reserving fits in the stimulus package because anism in place. It is also something the right to object, I think our col- national unemployment is only 4.9 per- that will fund families, low-income league is going to speak in morning cent, which is not historically high. families, who desperately need this business. But I will be happy to yield What we want to do is take preemp- money. to the Senator from Texas. tive action to prevent the situation I do not have to belabor the point The PRESIDING OFFICER. Is there from further deterioration. We want to that today, around the kitchen table, objection?

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.031 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S703 Mrs. HUTCHISON. Was there an that plots against our country and our tees, particularly the intelligence com- amendment? citizens were uncovered before they are mittee. This is a committee that has Mr. BOND. If we can yield to the Sen- implemented. Now we have the poten- done a very good job on a bipartisan ator from Texas for 10 minutes on the tial for catastrophic liability from a basis to assure that we continue to pro- bill, the Senator from Idaho for morn- number of lawsuits, and some of my tect our intelligence capabilities and ing business, and then go to a Member colleagues want the country to turn to shield the companies necessary to on the majority side of the aisle. away from providing protection for gathering intelligence information I believe there is a consensus devel- these companies. We will not allow from unfounded lawsuits. oping for the unanimous consent re- these companies the freedom to pro- I hope my colleagues will vote for the quest I have proposed. vide the evidence in court because the bill the Intelligence Committee pro- The PRESIDING OFFICER. Would intelligence community says the evi- duced. Protecting the American people the Senator repeat his unanimous con- dence is too sensitive to be allowed in is our ultimate responsibility. This bill sent request. court. We put the telecommunications is absolutely essential for that respon- Mr. BOND. Ten minutes to the Sen- companies in a situation in which they sibility to be implemented. We must ator from Texas on the FISA bill, 10 cooperate. They are sued. But they protect the American people. We must minutes in morning business for the don’t have the ability to defend them- protect the companies that have helped Senator from Idaho, and then a mem- selves in court because they cannot our law enforcement and intelligence- ber of the majority side will be recog- produce the evidence. It is untenable, gathering agencies. We must make sure nized for whatever he or she wishes to and I hope we will reject such an we proceed with a vision of foreign sur- do. amendment. veillance that would protect the Amer- The PRESIDING OFFICER. Without There is another amendment that ican people from future attack. objection, it is so ordered. would allow the Government to be sub- It is not an accident that we have not The Senator from Texas is recog- stituted for the telecommunications been attacked since 9/11. All of us know nized. companies as the defendant when they that our country was not prepared for Mrs. HUTCHISON. Mr. President, I are sued. The problem with this amend- this kind of warfare. But our country’s do rise to speak on the FISA bill, ment is that the companies would still eyes have been opened. We have been a which I certainly support, and also to have to spend thousands of hours and sleeping giant in many ways, as was oppose some of the amendments that millions of dollars on these lawsuits. said about us before World War II. But will be coming forward. They would have to subject their em- we have now been awakened, and we I hope very much that we will be able ployees to depositions. They would are going to take the measures nec- to start voting on amendments, be- need to participate in evidence gath- essary within the framework of our cause we now have an agreement for ering and the discovery process, which Constitution, which this bill provides, voting on amendments, and I hope we will drain their resources in an unnec- to assure that we protect the American can clear the FISA bill in due course essary lawsuit in which they would be people from future attack. and in short order. It is important be- peripheral. I yield the floor. cause there is a deadline. There is yet another amendment that The ACTING PRESIDENT pro tem- We are going to see the capability for would grant the immunity after review pore. Under the previous order, the our law enforcement officials and our by the FISA Court. While certainly Senator from Idaho is recognized for 10 intelligence officials, to monitor calls well intentioned, there are some prob- minutes as in morning business. between known terrorists and sus- lems with giving this to a court that SECURE RURAL SCHOOLS AND COMMUNITY SELF- pected terrorists, whether it is into our doesn’t have the capability to process DETERMINATION ACT country, or out of our country from this kind of request. They don’t have Mr. CRAPO. I thank the Senator foreign countries, we need to have this statutory procedures. They don’t have from Texas and my colleagues on both capability continue. the administrative capacity to receive sides for allowing me this few minutes We have it right now. The Senate witnesses, to hear evidence, or to carry to have a break in the debate on the passed a good bill about 6 months ago. out the major provisions of the amend- FISA bill to discuss a very important It has now been extended. But we do ment. issue to the people of Idaho and, frank- have a deadline, and the deadline is on Furthermore, it is unclear that there ly, to the people in rural communities us in the middle of this month. So we is appellate authority from the immu- throughout the country. I rise to talk do need to pass this bill. We need to nity related rulings of the FISA Court about the need to reauthorize the Se- make sure the technology of the day is this amendment creates. The FISA cure Rural Schools and Communities covered by the foreign intelligence sur- Court has operated in secret and has Self-Determination Act of 2000 and to veillance act and subject to the secu- been more of an administrative court fully fund the payments in lieu of rity needs of our country. processing warrants. So this would put taxes, or the PILT payments, which we There are amendments that would the court in a whole new administra- call them in Congress. I encourage my take away the immunity for tele- tive mode for which there are no prece- colleagues to make this overdue exten- communications companies that alleg- dent or appropriate regulations. There sion and funding a top priority for Con- edly cooperated with intelligence offi- does not appear to be an appellate gress in the coming days. cials. process from the FISA Court once it This year marks the 100-year anni- One amendment, No. 3907, would strip decides whether or not to grant a com- versary of the passage of the act re- the immunity from the bill completely. pany immunity. quiring the U.S. Forest Service to re- The Intelligence Committee is the key I respect the work of my colleagues. turn 25 percent of its gross receipts to committee that has looked at all of the They are trying to find good-faith com- the States to assist counties that are information and assessed the need for promises. However, I put my faith in home to our national forests and other the ability to survey known terrorists the Intelligence Committee. This is a Federal lands with school and road and suspected terrorist helpers in our committee that passed this bill, with services. This program was put into country and in foreign countries. It is immunity provisions in it, out of com- place to compensate local governments important that we allow our intel- mittee by a vote of 13 to 2. It was bi- for the tax-exempt status of national ligence agents to go to telecommuni- partisan. This is the committee that forests which we all enjoy. Otherwise, cations companies and get the help had the hearings, heard all of the evi- many rural communities that neighbor they need to do this kind of surveil- dence, and knows more about the proc- these beautiful national treasures are lance. Amendment No. 3907 would take esses than people who are not on the unable to fully meet the school and away immunization for companies that committee. They have spent a consid- road needs of their communities. may have cooperated with government erable amount of time reviewing the One hundred years ago, the impact of requests. materials in these cases, including the large Federal forest reserves on neigh- The telecommunications companies Government’s legal justifications for boring local economies was discussed allegedly assisted the intelligence com- the program. We need to respect the and debated on the floor of the Senate, munity because of the need to assure judgment and expertise of our commit- as former Idaho Senators Weldon B.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.052 S06FEPT1 smartinez on PRODPC61 with SENATE S704 CONGRESSIONAL RECORD — SENATE February 6, 2008 Hayburn and William Edgar Borah In March of 2007, the Senate over- responsibility to the States worn away. joined their Senate colleagues in de- whelmingly passed an amendment It is my hope that others will join me bating this issue which remains an which I cosponsored to the fiscal year in working to meet this Federal re- issue today. However, the unfortunate 2007 emergency supplemental appro- sponsibility by reauthorizing the Se- reality of today is that in recent years, priations act to reauthorize county cure Rural Schools Act and providing timber receipts have eroded to the payments for 5 years with offsets. How- the full funding for PILT. This must be point that the Federal obligation to ever, this language was replaced with a achieved in a timely manner that pre- our local communities is simply not 1-year extension, with the final pay- vents the cutoff of needed services in being met. The receipts are not ade- ments made at the end of December rural communities nationwide and pro- quate for the needs of the communities 2007. vides some long-term certainty to and have been dropping off dramati- In December last year, Senators those rural communities. cally. Congress has acted in recogni- MCCASKILL, CRAIG, SMITH, DOLE, MUR- Mr. President, I yield the floor. tion of this to ensure that communities KOWSKI, STEVENS, and BENNETT joined The ACTING PRESIDENT pro tem- have the necessary assistance. me in urging the Senate leadership to pore. The Senator from West Virginia. In the year 2000, I joined with my col- attach a reauthorization of county Mr. ROCKEFELLER. Mr. President, I leagues, Senators LARRY CRAIG, RON payments and PILT funding to any leg- ask that I be given unanimous consent WYDEN, GORDON SMITH of Oregon, and islative vehicles expected to be enacted to speak on the underlying bill. many others to support and secure en- before Congress concluded its work last actment of the Secure Rural Schools year. Unfortunately, the reauthoriza- The ACTING PRESIDENT pro tem- and Communities Self-Determination tion was attached only to the energy pore. Without objection, the Senator is Act of 2000. This law provided the nec- package which also would have in- recognized. essary assistance known as county creased taxes on domestic oil and gas Mr. ROCKEFELLER. Mr. President, I payments to communities where reg- producers to pay for incentives for re- say to the Presiding Officer that far ular Forest Service and Bureau of Land newable power, energy efficiency, elec- and away the most contentious issue in Management receipts-sharing pay- tric vehicles, and other technologies. this FISA debate is whether private ments had declined so significantly. I support incentives for alternative companies that assisted the Govern- The assistance has prevented the loss energy resources and the extension of ment in implementing the President’s of essential school and road infrastruc- county payments, but I am opposed to warrantless surveillance program ture needs in our local rural commu- paying for those incentives by increas- should be provided liability protection. nities. The law also enabled very sig- ing taxes on our domestic oil and gas Three amendments will be offered nificant forest improvement projects. production. We are facing real and in- that relate directly to this issue. The best solutions to natural re- creasing constraints on our energy sup- First, Senators DODD and FEINGOLD source challenges are achieved through ply, resulting in higher energy costs have an amendment that would strike local collaboration, and the more than daily. We simply cannot meet those all of title II of the underlying bill— 70 Resource Advisory Committees—or needs by decreasing conventional en- that is, S. 2248—on liability protection RACs, as we call them—provided for in ergy production in the United States, as reported by the Intelligence Com- this law have created valuable partner- which would further our dependency on mittee. ships in carrying out projects to ad- foreign energy supplies and dramati- Second, Senator SPECTER will offer dress a wide variety of improvements cally increase the cost for gasoline and an amendment—I think at 3:30—that on public lands. These projects include electricity. This would negatively im- provides for a different remedy; name- habitat and watershed restoration, re- pact communities across the Nation, ly, the substitution of the U.S. Govern- forestation, fuels reduction, road main- not just the rural communities we are ment itself for the carriers in the law- tenance, campground and trail en- seeking to help. suits that have been filed against the hancements, and noxious weed eradi- We need to again turn our attention carriers. cation. At a time when increased pub- to focusing on the reauthorization of Third, Senator FEINSTEIN has pre- lic demands are being placed on our the Secure Rural Schools legislation pared an amendment that would keep Nation’s natural resources, the RACs and increasing and achieving full and the basic structure of title II—to wit, have provided the necessary coopera- adequate PILT funding. It is unfortu- liability immunity—but would have tion to help resolve natural resource nate that the county payments exten- the courts, rather than the Congress, challenges throughout these local rural sion was dropped from the enacted En- determine whether carriers relied in communities. ergy bill and was not included in other good faith on the representation made Additionally, payments in lieu of legislative vehicles before the end of to them by the executive branch of our taxes, known as PILT payments, have last year. However, today is another National Government. augmented county payments to provide day. As we embark on the second ses- local governments with the means of sion of this Congress, we have every op- I will address the particulars of each offsetting a part of the tax revenues portunity to work together to extend amendment as it is offered, but first I they lose because of the tax-exempt and fund county payments and fully would like to describe the background status of these Federal lands in their pay for PILT payments for students in behind the Intelligence Committee’s jurisdictions. PILT payments have sup- rural areas. We must do this to prevent approach to this whole issue of immu- ported community services such as the closure of numerous isolated nity. firefighting and police protection in schools and to enable rural county road Critics have suggested that providing rural communities. Through PILT, the districts to address severe maintenance liability protection for telecommuni- Federal Government partners with backlogs. cations companies is akin to congres- counties to provide public lands the Time is of the essence for many rural sional endorsement of the President’s stewardship and community services communities across the Nation, and warrantless surveillance program. I un- they need. Unfortunately, PILT fund- this important legislation impacts mil- derstand the passion stirred by this ing is also not meeting this obligation, lions of students and their families in issue. Rather than consulting with and we need to work together in Con- more than 4,000 school districts and Congress or the courts, the President gress to achieve full and adequate more than 7,000 counties. I am hearing created a secret surveillance program— PILT funding. from Idaho communities that, absent no question about that—based on very I am proud of the largely bipartisan an extension, personnel layoffs as a re- dubious legal reasoning. That was un- effort in the 110th Congress to extend sult of program closures are expected necessary, that was unwise, that the Secure Rural Schools and Commu- soon. Communities in more than 40 would, therefore, cause passions and nity Self-Determination Act and to States are facing similar pressures. suspicions. fully fund PILT. Progress has been Just as the economic impact of Fed- But anger over the President’s pro- made but more needs to be done to eral land ownership on neighboring gram should not prevent us as a delib- achieve the Federal Government’s rural communities has not been worn erative body from addressing the real commitment to these communities. away by time, neither has this Nation’s problems the President has created.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.053 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S705 Because of the lawsuits over the pro- are losing. They are being criticized. the companies’ alleged provision of as- gram and the damage to the tele- They are being sued. It is costly. It sistance and information to the intel- communications companies’ reputa- takes away from their energy to carry ligence community. The suits are tions, companies that were once will- out their other missions. It is not a sit- based—many of them—on media re- ing to help the Government, based on uation in which a whole bunch of peo- ports about all sorts of intelligence ac- assurances of legality from the highest ple are sitting around in these cor- tivities. Many of them are not limited levels of Government, may now be porate headquarters discussing this, to the warrantless surveillance pro- questioning that assistance. because only a very few people are al- gram disclosed by the President. That Let’s reflect on that for a moment. lowed to know, and they have criminal is ironic, but it is a heavy burden for These are corporations. They have no sanctions against them if they tell the companies. If suits are brought names at the present time. They have anybody, should they have received that have nothing to do with the to make money. The Government any of these instructions from the Gov- warrantless surveillance program dis- comes to them, as they have in the ernment. closed by the President, they are out of past on much smaller matters, and So we are not talking about people order. But, as I will proceed to explain, with the authority of the President here trying to undo the safety of the the companies can never explain to a saying, this is in the national interest; United States or to gain some kind of court that they are out of order. Al- with the legal advice of the Attorney advantage for themselves. If this intel- though these suits involve different General saying, this is legal; and then ligence collection stops, I say to the types of legal claims that are in vary- the Director of the National Security Presiding Officer, we will be in a very ing stages of litigation, they share a Agency sending out letters that say, we sorry situation. I do not know how to common reality: that the Government require you, we compel you, we request say that more sincerely, more deeply has refused to publicly reveal the clas- to you—or other words—that you co- felt, more based upon exhaustive study, sified documents and information that operate with us. including numerous meetings in com- would allow them to proceed. People say: Well, they cooperated. Of mittee with these folks and other The current fight in the courts is, course they cooperated right after 9/11. meetings outside. therefore, not about whether damages I think anybody who is in the intel- So they have been told it is legal, and should be awarded, whether the under- ligence business understands what I am by the National Security Agency Di- lying program is legal or even whether saying. There is no difference between rector they have been required, com- any company participated in the Presi- the day after 9/11 and this day in terms pelled, and in other words, some of dent’s program in good faith. Instead, of the threat to our country or those which are quite strong, to do it. So the parties are fighting about access to who are planning, plotting to do us they do start to do it, and they are classified information about the Presi- harm. paying one heck of a price for it. dent’s program. I have not heard that The fact that no attacks have hap- What price are we paying? We are much discussed in this Chamber. This pened does not excuse the sense of re- paying no price because they are still litigation could continue for years laxation on the whole subject—perhaps doing it. What price might we pay without a court ever addressing the un- the congressional sense of relaxation should they stop—because they are cor- derlying issues about the legality of on the whole subject. We need to con- porations, and they are responsible to the program. We seek wrongdoing tinue this intelligence collection. their shareholders—if they should stop whether, as some say, it is in the cor- What is it, I am wondering, that the this type of activity? The price we porate boardroom or, as others would telecommunications companies get would pay would be overwhelming. say—as I would say—in the halls of from this? What prestige? What large Without the cooperation and assistance Government. amount of money? What praise? What of private companies—not compliance I stress the point: No court is likely do they get from this? Do they get forced by a court but true coopera- to resolve the question of whether the good public relations? No. They get 40 tion—this country’s law enforcement President or any private company vio- lawsuits, most of which are not based and intelligence agencies cannot ob- lated the law in the near future. on anything to do with the TSP pro- tain the information they need to pro- Some of my colleagues have argued gram. In other words, they are picked tect this country. It is a fairly heavy that without these lawsuits, the public out of newspapers. People are dissatis- statement to make. I chair the com- will never learn the details about the fied, and class action suits arise. mittee. I am not naive on these mat- President’s program. But litigation is So maybe they have been sued $10 ters. I make that statement again. highly unlikely to tell the story of billion. Maybe they have been sued $40 Without the cooperation and assistance what happened with the President’s billion. We will not speculate on that of private companies, this country’s program. Too many of these facts deal- at the present time. But in that they law enforcement and intelligence agen- ing with intelligence sources and meth- are corporations and in that they have cies cannot obtain the information ods remain appropriately classified, no reward at all for doing this service they need to protect this country. and the executive branch is highly un- for their country—which we call patri- Making the question of liability pro- likely to agree to declassify additional otism, and then cast that aside because tection a proxy for disagreement with information if it could affect the ongo- that must mask some evil intent—they the President’s program is, therefore, ing litigation. go ahead and they do it. Then, since shortsighted, in this Senator’s view, ig- Thus, the litigation is unlikely to re- they are corporations, their share- noring the reality that the Nation and sult in a ruling in the near future holders get extremely unhappy about future Presidents will depend on the about the legality of the conduct of the it, which could be happening at the assistance of these same companies for President nor any private company, present time, and then they decide that years to come. nor, for that matter, the public disclo- maybe they will be less willing to do In analyzing the question of liability sure of any additional information this. Several have done that. Several at protection, the Intelligence Committee about the President’s program. In- the beginning did that. sought to weigh these very real con- stead, it is possible the cases, as I indi- Now, corporations are in business cerns about future intelligence collec- cated, will continue for years as the also to make a profit. The corporations tion against the possible outcome of courts debate whether information that are involved in this are doing lawsuits. We discussed it at length. Un- must be disclosed. nothing but losing prestige, losing rep- derstanding this issue requires some In the meantime, however, as I men- utation, have angry shareholders. And background on the lawsuits that have tioned, the litigation poses a serious I ask myself, what is it they get out of been filed. risk to U.S. intelligence collection. doing this, because people, particularly Currently, providers are subject to That is my job and that is the job of on my side of the aisle, are sometimes approximately, as I indicated, 40 civil the committee I chair and the job of inclined to be suspicious of corpora- lawsuits, some of which are class ac- the chairman of the Intelligence Com- tions, that they have some kind of a tions, which seek billions of dollars of mittee in the House. We are not about purpose behind all of this. Nothing damages—and I have given you a being courts, we are about trying to could be further from the truth. They range—for privacy violations based on balance civil liberties as best as we can

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.055 S06FEPT1 smartinez on PRODPC61 with SENATE S706 CONGRESSIONAL RECORD — SENATE February 6, 2008 with the ability of this country to col- the Attorney General and has been de- present amendment be set aside in lect an entirely different kind of intel- clared essential for the national inter- order for me to call up amendment No. ligence that we were so busy doing re- est by the President, should they in- 3910 on FISA exclusivity. cently in the Cold War era. Without stead say: Oh, well, we don’t care about The PRESIDING OFFICER. Without the assistance of telecommunications that. That is not our business. We are objection, it is so ordered. providers, our intelligence community not going to do that. The clerk will report. simply cannot obtain the intelligence And isn’t it reasonable to assume The assistant legislative clerk read it needs. that a U.S. citizen who has been told as follows: Is that a serious statement? Do Mem- the Attorney General has found their The Senator from California [Mrs. FEIN- bers of the Senate concern themselves cooperation to be lawful is acting in STEIN], for herself, Mr. ROCKEFELLER, Mr. with that? Is this just me, this Sen- good faith? If they have been through LEAHY, Mr. NELSON of Florida, Mr. ator, standing up making a statement this process and they proceed to act on WHITEHOUSE, Mr. WYDEN, Mr. HAGEL, Mr. trying to win some votes? Or is there it, why is it so easy to stipulate they MENENDEZ, Ms. SNOWE, and Mr. SPECTER, proposes an amendment numbered 3910. the possibility it could be true? If there are not acting in good faith? How does is a possibility—and I think it is a one show that? How does one imagine Mrs. FEINSTEIN. Mr. President, I probability it is true—then I don’t un- that? ask unanimous consent that reading of derstand why people can be confused on I have been through this, this whole the amendment be dispensed with. this subject because I think the choices question of what the companies get The ACTING PRESIDENT pro tem- are clear. Allowing companies to be from it, and it is the thing that bothers pore. Without objection, it is so or- dragged through the court system be- me so much. They get nothing but dered. The amendment is as follows: cause of their alleged cooperation with grief. They get suits. They get costs. the Government encourages them not They get a diminished reputation. (Purpose: To provide a statement of the ex- They begin to pull away. Their share- clusive means by which electronic surveil- to cooperate with any request, even lance and interception of certain commu- those that are clearly legal without holders lose confidence. Do they get nications may be conducted) money? No. They get nothing. So why court compulsion. It also sends a mes- Strike section 102, and insert the fol- sage to all private companies: cooper- would they want to continue to cooper- lowing: ate with the U.S. Government at your ate would be my question. SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY peril. Is that a bit of an overstatement? The answer to these questions are at WHICH ELECTRONIC SURVEILLANCE In the corporate boardrooms around the heart of the Intelligence Commit- AND INTERCEPTION OF CERTAIN this country, my guess is that is the tee’s determination that it is essential COMMUNICATIONS MAY BE CON- that Congress protect private compa- DUCTED. discussion. Very few corporations have (a) STATEMENT OF EXCLUSIVE MEANS.— the capacity to help the Government in nies that assisted the Government Title I of the Foreign Intelligence Surveil- the way telecommunications compa- after the terrorist acts of 9/11. lance Act of 1978 (50 U.S.C. 1801 et seq.) is nies do. Mr. President, I will complete this amended by adding at the end the following Discouraging private sector coopera- part of my presentation and yield the new section: tion with the Federal Government is floor. I suggest the absence of a ‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH not, in the feeling of this Senator, the quorum. ELECTRONIC SURVEILLANCE AND INTERCEP- right long-term result for either the in- The ACTING PRESIDENT pro tem- TION OF CERTAIN COMMUNICATIONS MAY BE telligence community or the American pore. The clerk will call the roll. CONDUCTED people. The assistant legislative clerk pro- ‘‘SEC. 112. (a) Except as provided in sub- Many have argued that providers who ceeded to call the roll. section (b), the procedures of chapters 119, act unlawfully should be held account- Mr. ROCKEFELLER. Mr. President, I 121 and 206 of title 18, United States Code, ask unanimous consent that the order and this Act shall be the exclusive means by able. I totally agree that all Ameri- which electronic surveillance (as defined in cans, including corporate citizens, for the quorum call be rescinded. The ACTING PRESIDENT pro tem- section 101(f), regardless of the limitation of must follow the law and be held ac- pore. Without objection, it is so or- section 701) and the interception of domestic countable for their failures. Companies wire, oral, or electronic communications dered. that deliberately seek to evade privacy may be conducted. Mr. ROCKEFELLER. Mr. President, I laws or legal restrictions on electronic ‘‘(b) Only an express statutory authoriza- ask unanimous consent that at 3:05 surveillance can and should be subject tion for electronic surveillance or the inter- p.m. today the Senate return to the ception of domestic wire, oral, or electronic to civil suit, but that is not the issue Cardin amendment No. 3930, with the communications, other than as an amend- here, I would say to the Presiding Offi- time from 3:05 until 3:15 equally divided ment to this Act or chapters 119, 121, or 206 cer. That is not the issue. and controlled in the usual form; that of title 18, United States Code, shall con- The Intelligence Committee spent a the Senate then proceed to vote in re- stitute an additional exclusive means for the lot of time, as I have indicated, this purpose of subsection (a).’’. lation to the amendment, with other year looking into what happened over (b) OFFENSE.—Section 109 of the Foreign provisions of the previous order re- the past 6 years. Before deciding to Intelligence Surveillance Act of 1978 (50 maining in effect. provide liability protection for the U.S.C. 1809) is amended— The ACTING PRESIDENT pro tem- companies, the Intelligence Committee (1) in subsection (a), by striking ‘‘author- pore. Is there objection? ized by statute’’ each place it appears in heard testimony from relevant wit- Mr. BOND. No. such section and inserting ‘‘authorized by nesses and carefully reviewed the writ- Mrs. FEINSTEIN. Mr. President, re- this Act, chapter 119, 121, or 206 of title 18, ten communications provided to par- serving the right to object, I wish to United States Code, or any express statutory ticipants in the program. secure the ability, following this vote, authorization that is an additional exclusive Participants were sent letters, all of to call up one of my amendments, if I means for conducting electronic surveillance which stated the relevant activities under section 112.’’; and might. My understanding is that (2) by adding at the end the following: had been authorized by the President maybe I can do it now. and all but one—and that was done by ‘‘(e) DEFINITION.—For the purpose of this Mr. ROCKEFELLER. This is a total section, the term ‘electronic surveillance’ the legal counsel to the President—of of 10 minutes or less amendment, but means electronic surveillance as defined in which stated the activities had been we will not start until 3:05. The Sen- section 101(f) of this Act regardless of the determined to be lawful by the Attor- ator can call it up. limitation of section 701 of this Act.’’. ney General of the United States. Mrs. FEINSTEIN. All right. (c) CONFORMING AMENDMENTS.— Shouldn’t private companies be enti- The ACTING PRESIDENT pro tem- (1) TITLE 18, UNITED STATES CODE.—Section tled to rely on the written representa- pore. Is there objection? 2511(2) of title 18, United States Code, is tions of the highest levels of Govern- Without objection, it is so ordered. amended— ment officials that their cooperation is The Senator from California is recog- (A) in paragraph (a), by adding at the end the following: necessary and has been determined to nized. ‘‘(iii) If a certification under subparagraph be lawful? Can you argue that if they AMENDMENT NO. 3910 TO AMENDMENT NO. 3911 (ii)(B) for assistance to obtain foreign intel- get those notifications from the NSA Mrs. FEINSTEIN. Mr. President, I ligence information is based on statutory au- Director and it has been approved by ask unanimous consent that the thority, the certification shall identify the

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.057 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S707 specific statutory provision, and shall certify and I will have an opportunity, I hope, determination regarding the questions de- that the statutory requirements have been to argue it later. scribed in paragraph (3)(A); and met.’’; and I would now like to call up my (B) stay further proceedings in the rel- (B) in paragraph (f), by striking ‘‘, as de- amendment, No. 3919. evant litigation, pending the determination fined in section 101 of such Act,’’ and insert- The PRESIDING OFFICER (Mr. of the Foreign Intelligence Surveillance ing ‘‘(as defined in section 101(f) of such Act Court. ANDERS regardless of the limitation of section 701 of S ). Amendment No. 3910 is pend- (3) DETERMINATION.— such Act)’’. ing. (A) IN GENERAL.—The dismissal of a cov- (2) TABLE OF CONTENTS.—The table of con- AMENDMENT NO. 3919 TO AMENDMENT NO. 3911 ered civil action under paragraph (1) shall tents in the first section of the Foreign In- Mrs. FEINSTEIN. Mr. President, I proceed only if, after review, the Foreign In- telligence Surveillance Act of 1978 (50 U.S.C. wish to make another amendment telligence Surveillance Court determines 1801 et seq.) is amended by adding after the pending, so I ask unanimous consent to that— item relating to section 111, the following: (i) the written request or directive from set aside the pending amendment and the Attorney General or the head of an ele- ‘‘Sec. 112. Statement of exclusive means by call up amendment No. 3919. This is the which electronic surveillance ment of the intelligence community (or the and interception of certain FISA Court review of immunity deputy of such person) to the electronic com- communications may be con- amendment. This is my second amend- munication service provider under paragraph ducted.’’. ment which is part of the unanimous (1)(A)(ii) complied with section 2511(2)(a)(ii) Mrs. FEINSTEIN. Mr. President, I consent agreement. I do this just to get of title 18, United States Code, and the as- sistance alleged to have been provided was voted for this FISA legislation in the it before the body. The PRESIDING OFFICER. Without provided in accordance with the terms of Intelligence Committee. I indicated that written request or directive; then that I had some concerns about it. objection, it is so ordered. The clerk will report. (ii) subject to subparagraph (C), the assist- I filed additional views with respect to ance alleged to have been provided was un- the need for stronger exclusivity provi- The bill clerk read as follows: dertaken based on the good faith reliance of sions. Then the Judiciary Committee The Senator from California [Mrs. FEIN- the electronic communication service pro- reported out a bill that included its STEIN], for herself, Mr. NELSON of Florida, vider on the written request or directive and Mr. CARDIN, proposes an amendment under paragraph (1)(A)(ii), such that the view with respect to strengthening the numbered 3919 to amendment No. 3911. fact that the Foreign Intelligence Sur- electronic communication service provider The amendment is as follows: had an objectively reasonable belief under veillance Act would be the exclusive the circumstances that compliance with the manner in which electronic surveil- (Purpose: To provide for the review of cer- tifications by the Foreign Intelligence Sur- written request or directive was lawful; or lance against Americans could be con- veillance Court) (iii) the electronic communication service ducted. provider did not provide the alleged assist- On page 72, strike line 13 and all that fol- The Judiciary bill subsequently ance. lows through page 73, line 25, and insert the (B) PROCEDURES.— failed on the floor of the Senate. The following: (i) IN GENERAL.—In reviewing certifications amendment I have at the desk is essen- (6) FOREIGN INTELLIGENCE SURVEILLANCE and making determinations under subpara- tially the exclusivity language from COURT.—The term ‘‘Foreign Intelligence Sur- graph (A), the Foreign Intelligence Surveil- that Judiciary Committee amendment. veillance Court’’ means the court established lance Court shall— under section 103(a) of the Foreign Intel- It has several cosponsors: the chairman (I) review and make any such determina- ligence Surveillance Act of 1978 (50 U.S.C. of the Intelligence Committee, Mr. tion en banc; and 1803(a)). ROCKEFELLER; chairman of the Judici- (II) permit any plaintiff and any defendant (7) FOREIGN INTELLIGENCE SURVEILLANCE ary Committee, Mr. LEAHY; Senator in the applicable covered civil action to ap- COURT OF REVIEW.—The term ‘‘Foreign Intel- pear before the Foreign Intelligence Surveil- NELSON of Florida; Senator ligence Surveillance Court of Review’’ means lance Court pursuant to section 103 of the WHITEHOUSE; Senator WYDEN; Senator the court of review established under section Foreign Intelligence Surveillance Act of 1978 HAGEL; Senator MENENDEZ; Senator 103(b) of the Foreign Intelligence Surveil- (50 U.S.C. 1803). SNOWE; and Senator SPECTER. lance Act of 1978 (50 U.S.C. 1803(b)). (ii) APPEAL TO FOREIGN INTELLIGENCE SUR- As filed this is an amendment that SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR VEILLANCE COURT OF REVIEW.—A party to a only covers exclusivity. In the interim ELECTRONIC COMMUNICATION SERVICE PROVIDERS. proceeding described in clause (i) may appeal period, the vice chairman of the Intel- a determination under subparagraph (A) to ligence Committee approached me (a) LIMITATIONS.— (1) IN GENERAL.—Notwithstanding any the Foreign Intelligence Surveillance Court about the possibility of a modification other provision of law, and subject to para- of Review, which shall have jurisdiction to of the amendment that would allow the graph (3), a covered civil action shall not lie review such determination. administration to be able to operate or be maintained in a Federal or State court, (iii) CERTIORARI TO THE SUPREME COURT.—A outside of FISA for a time. and shall be promptly dismissed, if the At- party to an appeal under clause (ii) may file We have not been able to come to torney General certifies to the court that— a petition for a writ of certiorari for review terms on that amendment. I could not (A) the assistance alleged to have been pro- of a decision of the Foreign Intelligence Sur- veillance Court of Review issued under that agree to the length of time that Mr. vided by the electronic communication serv- ice provider was— clause. The record for such review shall be BOND proposed, which was 45 days plus (i) in connection with an intelligence ac- transmitted under seal to the Supreme Court an additional 45 days, for a total of 3 tivity involving communications that was— of the United States, which shall have juris- months, enabling the administration to (I) authorized by the President during the diction to review such decision. operate without a FISA warrant. period beginning on September 11, 2001, and (iv) STATE SECRETS.—The state secrets The fact is, since January of 2007, the ending on January 17, 2007; and privilege shall not apply in any proceeding entire Terrorist Surveillance Program (II) designed to detect or prevent a ter- under this paragraph. has operated within the confines of the rorist attack, or activities in preparation for (C) SCOPE OF GOOD FAITH LIMITATION.—The limitation on covered civil actions based on Foreign Intelligence Surveillance Act a terrorist attack, against the United States; and good faith reliance under subparagraph and under orders from the Foreign In- (A)(ii) shall only apply in a civil action re- telligence Surveillance Court. That is, (ii) described in a written request or direc- tive from the Attorney General or the head lating to alleged assistance provided on or I believe, as it should be. of an element of the intelligence community before January 17, 2007. I have a modification to my exclu- (or the deputy of such person) to the elec- Mrs. FEINSTEIN. I ask that the sivity amendment that would limit the tronic communication service provider indi- amendment be set aside. period of time outside of FISA fol- cating that the activity was— The PRESIDING OFFICER. Without lowing a declaration of war, an author- (I) authorized by the President; and objection, it is so ordered. ization for the use of military force, or (II) determined to be lawful; or The Senator from Maryland. a major attack against the nation to 30 (B) the electronic communication service AMENDMENT NO. 3930 days. The question is whether I would provider did not provide the alleged assist- Mr. CARDIN. Mr. President, shortly ance. have unanimous consent from the vice we will be voting on the amendment I (2) SUBMISSION OF CERTIFICATION.—If the chairman to be able to call up that Attorney General submits a certification offered that provides for a 4-year sun- modification of my amendment. But under paragraph (1), the court to which that set in the Foreign Intelligence Surveil- that has not been given to me yet. certification is submitted shall— lance Act. So at this time, I am going to rest (A) immediately transfer the matter to the I thank first Senator ROCKEFELLER my case on the exclusivity amendment, Foreign Intelligence Surveillance Court for a for his help, Senator LEAHY, Senator

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.005 S06FEPT1 smartinez on PRODPC61 with SENATE S708 CONGRESSIONAL RECORD — SENATE February 6, 2008 MIKULSKI, Senator KENNEDY, and oth- bring a full, complete FISA moderniza- lutely critical to this bill. The amend- ers who have been instrumental in tion bill to the floor, given the failure ment would move up the bill’s sunset making sure that we have provisions in of Congress to act. We had been re- date from 6 years to 4 years. Congress this bill so that we continue our con- quested in April, May, June, and July would need to revisit the law by the gressional oversight. to change the law. This is a bill that end of 2011 instead of 2013. This amendment is not unusual. should establish a permanent operating The amendment is good public pol- Every major change in the FISA law authority for the intelligence commu- icy. Whenever a significant new law is has been accompanied by a sunset. nity and the private partners who work enacted, it is important to require Con- When we passed the PATRIOT Act, we with it. gress to revisit it at an earlier rather had a 4-year sunset on most of the pro- As part of the compromise we than a later date. visions. When we revised it, we had a 3- reached in passing the bill, I did not be- The FISA bill we are considering is year sunset on the most controversial lieve we should have a sunset, but we highly complicated legislation affect- provisions. When we passed the Protect agreed on a 6-year sunset. That was ing Americans’ security and liberty. It America Act, we had a very short sun- part of the deal. The 6-year sunset at grants the executive branch vast new set on it because we were not certain least gives us certainty over the 6 authority for electronic surveillance at we were getting it right. years in time, that both the intel- a time of rapidly changing technology This change is controversial. If my ligence agencies, our private partners, and rapidly changing threats. Even the colleagues think it is not controver- and our allies abroad who depend upon country’s leading national security ex- sial, look at all the debate that has us would have time to make this sys- perts cannot say for sure what our na- taken place on the floor of this body. tem work. tional security challenges will look We want to make sure that we get it The problem we face is that any sun- like in 3 years, much less how this leg- right. set withholds from our intelligence islation will work out in practice. It is interesting that as we get close professionals and the private partners This is also highly controversial leg- to the time when Congress has to act, the certainty and the permanence they islation. I don’t need to remind anyone we seem to get a lot more cooperation need to protect Americans from ter- in this Chamber of the intense debate from the executive branch of Govern- rorism and other threats to national that has been taking place over many ment. The sunset will ensure that we security. parts of this bill. The FISA rules on get the type of cooperation we need to Attorney General Mukasey has said electronic surveillance affect every carry out our responsibilities, to get there are no fatwahs with limitations American. They are the only thing the documents we need to make sure by the terrorist leaders who seek to do that stands between the freedom of we get it right. us harm. They put out orders to keep Americans to make a private phone As I pointed out, technology is trying to kill us, and these are not call, send a private e-mail, or search changing quickly. I think a 4-year pe- going to go away. There should be no the Internet, and the ability of the riod is reasonable for us to take a fresh sunset on this bill. Government to listen in on the call, look at this issue. I disagree very strongly with my read the e-mail, and review the Inter- This is not a question of whether we friend from Maryland that Congress is net search. should have a sunset in the bill. There an important part of this. We passed a In this information age, FISA gives is a 6-year sunset in the bill. So why is good bill that adds far more protec- Americans basic protection against it so important to have a 4-year sunset tions than Americans have ever had in Government tyranny and abuse, and we versus a 6-year sunset? The answer, intelligence collection. This bill is a owe it to the American people to re- quite frankly, is we want the next ad- good bill, but I can assure him that we visit it promptly to make sure its pro- ministration that is going to take of- have a strong bipartisan committee tections are effective. fice in January to focus on this issue and a strong staff that will continue to and work with us so they can operate oversee, supervise, and watch the sur- Congress also needs an earlier sunset collectively with the authority of Con- veillance to make sure it works. If we because we need more information to gress and the laws we pass in the exec- find it does not work, we should not assess how these new policies will work utive branch. It is important that the wait for a 4-year sunset or a 6-year sun- in practice. The ongoing confusion and next administration focus on this set. We should make those changes controversy in this area mean that issue, and that is why this amendment when they are needed. Congress does not have enough knowl- is particularly important. We can see how long we have had to edge or confidence to be sure the legis- My friend from Missouri pointed out fight to get this authorization through. lation is adequate. that this is an election year. No, it is There was no action from the majority With an early sunset, Congress will not. The sunset provision would termi- from April, May or June, until the very have to make an early assessment of nate in December of 2011, so it is a year end of July. We put this bill out on the how the legislation is being interpreted before the elections. I think it is the floor in October. We could not get the and implemented. We will be able to right time for a sunset. bill up in December because of filibus- identify problems and abuses much I know the administration does not ters. We had to get another 15-day ex- sooner. If changes are made to the law want any sunset in this bill. I under- tension so it would not expire. in 2011, it will be because experience stand that. As I pointed out before, We can act on the bill any time we has shown that changes are needed. they don’t want any congressional need, but we cannot deprive our part- We passed this exact same amend- oversight. They don’t even think they ners, our intelligence community, and ment in the Judiciary Committee in need congressional laws on this sub- our allies the protection if Congress the middle of November, and in the ject. They don’t even think they need a cannot work. weeks since then, I have heard only Congress. But we have our responsi- I yield time to the distinguished two arguments against it, both from bility, and I hope we would want this chairman of the committee. the White House. Neither of them holds issue revisited during the next admin- Mr. ROCKEFELLER. I say to the up. istration. I urge my colleagues to sup- Presiding Officer, I find myself in dis- The first objection is that there has port the amendment. agreement with my vice chairman. I already been sufficient consideration of I reserve the remainder of my time. originally wanted 4 years and we went these issues, so that Congress should be The PRESIDING OFFICER. The Sen- to 6 years because of accommodations able to pass a permanent FISA reform ator from Missouri. that yielded other results. In the wis- right now. Everyone agrees that short Mr. BOND. Mr. President, we have dom of the joint Intelligence Com- sunsets are valuable when Congress has discussed this issue before on the floor. mittee and Judiciary Committee, set- not had time to consider an issue thor- I urge my colleagues to vote against tling on 4 years makes a lot of sense. I oughly and develop a factual record. this amendment. As I have stated pre- urge the adoption of the amendment. But the Bush administration claims viously, the current bill, the Protect Mr. KENNEDY. Mr. President, the there has already been a detailed and America Act, had a 6-month sunset on amendment that Senator CARDIN has informed discussion of FISA mod- it only because we were not able to offered is very simple, but it is abso- ernization.

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.061 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S709 That objection is wrong on the facts. Given this administration’s track the certainty at least of 6 years. I The administration has recently start- record of warrantless illegal spying, wanted to see none. That is why we ed to work with Congress more openly, ‘‘trust us’’ is not an acceptable way to came to an agreement in the Intel- but there is still a great deal we don’t proceed. Congress needs to stay on top ligence Committee and a 13-to-2 vote know about how it has been conducting of this issue to make sure that our sur- said we should have this bill with a 6- its electronic surveillance. Much of veillance laws are keeping Americans year sunset. what we have learned has come from safe and protecting their freedom. That We have a solid bipartisan product leaks to the press. is what we have been elected to do, and addressing civil liberties concerns, A few months ago, the White House that is what the Constitution requires while making sure the intelligence decided to share with the Senate cer- us to do. community has the tools and authori- tain documents on the role of the tele- As I said at the start, this amend- ties it needs to keep us safe. communications companies in an effort ment is very simple. It moves the sun- As I said, this was an important part to obtain retroactive immunity for set date up by 2 years. Yet it may well of our compromise to get the bill them. This was the first time the ad- be the single most important thing through. Our intelligence collectors ministration had ever shown Congress Congress can do to ensure that we re- and troops on the battlefield need cer- any documents on its warrantless sur- form FISA in a responsible and effec- tainty, not rules that will expire in 4 veillance. So far, however, the White tive way. years. That is why both the Director of House has shared only a small number This sunset amendment is a win-win National Intelligence and the Attorney of documents with a small number of for national security and civil lib- General strongly oppose shortening the Senators—and until late last month, erties. It will ensure that Congress re- 6-year sunset in the bill. not with any Members of the House of mains engaged on the crucial issues of I urge my colleagues to join me in Representatives. Such selective disclo- electronic surveillance that affect all opposing this amendment. sure is a pale shadow of the real disclo- Americans. To make sure that our new sure Congress needs to enact good leg- The PRESIDING OFFICER. The Sen- FISA law actually gets the job done, I ator from Maryland. islation. urge my colleagues to adopt this That objection is also wrong as a Mr. CARDIN. Mr. President, quickly, amendment. matter of policy. No matter how much in closing, I thank the chairman of the The PRESIDING OFFICER. The Sen- Intelligence Committee for his support discussion there may have been, this is ator from Maryland. highly complicated legislation that of this amendment. This amendment Mr. CARDIN. Mr. President, let me does nothing to jeopardize the bipar- makes major, untested changes in our briefly summarize the comments Sen- surveillance laws. It is impossible for tisan work of the Intelligence Com- ator BOND made. It is true that the ter- Congress to analyze these issues in the mittee. It preserves the appropriate rorist groups do not have any types of role of the legislative branch of Gov- abstract, without any track record to restrictions on what they can do. They evaluate. With a law as complex, new, ernment, and I would hope all my col- do not have any legislature. They do and important as this, a short sunset is leagues would want to support that not have any courts. They do not have responsible policy. change to make it clear that the next The second objection I have heard is any constitution. They have no respect administration must come back to that a short sunset introduces too for human life. They have no civil lib- Congress. much uncertainty to the rules affect- erties with which they have to deal. With that, Mr. President, I yield ing our intelligence professionals. The But that is what makes this Nation the back the remainder of my time, and I administration says it is not efficient great nation it is. It is our responsi- ask for the yeas and nays. for agencies to develop new policies bility to make sure that we carry out The PRESIDING OFFICER. Is there a and procedures, only to have the law what the people of our Nation expect sufficient second? There appears to be change within a brief period. They say us to do. a sufficient second. Let me point out that the PATRIOT the intelligence community operates Mr. BOND. Mr. President, there is a Act, when it was passed, had a 4-year more effectively when the rules gov- 60-vote agreement on this. sunset. Then we reauthorized some of erning intelligence professionals are The PRESIDING OFFICER. That is the provisions, but we kept a 3-year well-established, and are not in doubt. correct. sunset. We have used sunsets that have This objection is more serious, but it The question is on agreeing to been shorter, and on controversial too dissolves upon consideration. It is amendment No. 3930. The clerk will laws, a 4-year sunset is the minimum true that there may be a little extra call the roll. uncertainty that comes with a short we should have. I urge my colleagues to understand The bill clerk called the roll. sunset. But the much more significant Mr. DURBIN. I announce that the uncertainty is whether all of the that it is important that the next ad- ministration work with us so we never Senator from New York (Mrs. CLINTON) changes made by this bill will be good and the Senator from Connecticut (Mr. for the country—and there is no way to get back to where we are this year, where the executive branch is heading LIEBERMAN) are necessarily absent. be sure about this ahead of time. Mr. KYL. The following Senators are Intelligence professionals should not in one direction and we don’t know necessarily absent: the Senator from be locked into a surveillance system what they are doing. Let’s work to- North Carolina (Mr. BURR), the Senator that doesn’t work well for them, and gether so we can keep Americans safe, from South Carolina (Mr. GRAHAM), Americans should not be locked into a having the administration work with and the Senator from Arizona (Mr. system that fails to protect their secu- us next year so we understand what MCCAIN). rity or their rights. The early sunset they are doing, they have our support guarantees that Congress will review and, if necessary, we modify the laws The PRESIDING OFFICER. Are there these extremely complicated, untested, to give them the tools they need to any other Senators in the Chamber de- and powerful new authorities and how keep America safe. siring to vote? they are actually being used by the ex- I urge my colleagues to support the The result was announced—yeas 49, ecutive branch. amendment. nays 46, as follows: The administration’s argument Mr. BOND. Mr. President, how much [Rollcall Vote No. 7 Leg.] against a sunset is an argument time do I have remaining? YEAS—49 against congressional oversight of The PRESIDING OFFICER. There is Akaka Casey Kerry FISA. The White House wants Congress 1 minute 10 seconds remaining. Baucus Conrad Klobuchar to pass a new FISA law, and then to Mr. BOND. Mr. President, this is a Bayh Dodd Kohl Biden Dorgan Landrieu look the other way while the executive great nation because we have kept our Bingaman Durbin Lautenberg branch implements and interprets its country safe. We have kept our country Boxer Feingold Leahy new powers. They want Congress to safe, and we are working very closely Brown Feinstein Levin trust them when they tell us how the with the intelligence community. That Byrd Harkin Lincoln Cantwell Inouye McCaskill law is working, rather than look into it is why we have a good bill. The intel- Cardin Johnson Menendez ourselves. ligence community says we must have Carper Kennedy Mikulski

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.013 S06FEPT1 smartinez on PRODPC61 with SENATE S710 CONGRESSIONAL RECORD — SENATE February 6, 2008 Murray Reid Tester keeping with the highest traditions of after issue of concern to the American Nelson (FL) Rockefeller Webb military service and reflect great cred- people. As chairman of the Sub- Nelson (NE) Salazar Whitehouse Obama Sanders Wyden it on him, his unit, and the U.S. Army. committee on Defense Appropriations, Pryor Schumer Mr. President, Members of the Sen- he is the leading expert and national Reed Stabenow ate, these are the words that describe advocate for national security, NAYS—46 the actions of heroism of Senator strengthening the military, and hon- Alexander DeMint Murkowski INOUYE, when, as a young man, he put oring our troops and veterans. Allard Dole Roberts his own safety aside for others. As a re- As the first person of Japanese de- Barrasso Domenici Sessions sult of that he was awarded America’s scent to serve in the Senate, DAN Bennett Ensign Shelby highest honor for gallantry and her- Bond Enzi INOUYE is a soft-spoken trailblazer. Smith oism, the Medal of Honor. On a personal level, I was a very new Brownback Grassley Snowe Bunning Gregg Specter The reason I bring this to everyone’s Senator and he had made a commit- Chambliss Hagel Stevens attention today is that we have a lot of ment to do a fundraiser for me in Flor- Coburn Hatch Sununu new Senators. I want every one of them Cochran Hutchison ida. He didn’t know at the time he Thune Coleman Inhofe to know this man DAN INOUYE is a man made this commitment that there Vitter Collins Isakson who was born to be a hero. He never would be other things that would be in Corker Kyl Voinovich Warner thinks of himself but of others. In my the way of that. There was a little Cornyn Lugar 25-plus years in Congress, that is how I Craig Martinez Wicker thing in the way, his wife’s birthday. Crapo McConnell have found him to be. She understood. He understood. And I rise to express joy and honor for my NOT VOTING—5 he, because he had made a commit- friend and colleague Senator INOUYE on ment, made the personal sacrifice and Burr Graham McCain the occasion of his 15,000th rollcall Clinton Lieberman came down there. I have never forgot- vote, which was just completed. ten that. That is why when he sought a The PRESIDING OFFICER. Under DAN INOUYE was born to Japanese- leadership position in the Senate, I was the previous order requiring 60 votes American immigrants in Honolulu, the for the adoption of this amendment, the first to stand in line to support eldest of four children. Did he ever set Senator INOUYE. His heroism and ex- the amendment is withdrawn. an example—he sure did—for his sib- The majority leader is recognized. traordinary lifetime of public service lings. On the day of the Pearl Harbor are an inspiration to us all. Mr. REID. Mr. President, I move to attack, with chaos reigning, and being reconsider the vote and table that mo- But on a personal note, Landra and I, only 17 years old, he volunteered to tion. and all my colleagues, are so happy and provide medical help to the injured, The motion to table was agreed to. pleased to hear the recent news that and there were a lot of injured. After CONGRATULATING SENATOR INOUYE ON HIS DAN and Irene will be married this high school, he wanted to become a 15,000TH VOTE May. All of us in the Senate family medical doctor. At the time the U.S. Mr. REID. Mr. President, 2LT DANIEL wish them happiness and joy. Army banned Japanese Americans K. INOUYE distinguished himself by ex- The PRESIDING OFFICER. The Re- traordinary heroism in action on April from becoming soldiers. The war broke publican leader. 21, 1945, in the vicinity of San Terenzo, out, but this ban was dropped, and as a Mr. MCCONNELL. Mr. President, the Italy. teenager, DAN INOUYE immediately put U.S. Senate has been conducting its While attacking a defended ridge his medical ambition aside and signed business here in Washington for just guarding an important road junction, up to serve his country in the military. over 200 years. For more than one-fifth Second Lieutenant INOUYE skillfully Perhaps it was fate that DAN INOUYE of that time, Senator DANIEL INOUYE of directed his platoon through a hail of joined the legendary 442nd regimental Hawaii has been casting rollcall votes. automatic weapons and small arms fire combat team which in no small part, And just now, he cast his 15,000th, mak- in a swift and enveloping movement thanks to his bravery, became the ing him the fourth most prolific voter that resulted in the capture of an artil- most highly decorated unit in the his- in Senate history. lery and mortar post and brought his tory of the U.S. Army. If Senator INOUYE had anything to men to within 40 yards of the hostile I can’t improve the words of praise say about it, I have no doubt the mo- force. this great man earned upon receiving ment would have passed without fan- Emplaced in bunkers and rock forma- the Medal of Honor for his courageous fare. Some Senators make their pres- tions, the enemy halted the advance service. I read that. But I think we all ence felt by talking a lot or by being with crossfire from three machine here recognize we serve with a very ex- flamboyant. DAN INOUYE has always guns. With complete disregard for his traordinary human being. While he was been another sort of Senator. personal safety, Lieutenant INOUYE recovering from his injuries—and it He is one of only 107 Americans alive crawled up the treacherous slope to was more than his arm; his whole body today to have received the Medal of within 5 yards of the nearest machine was hurt and, as a result he spent years Honor for combat bravery. He is the gun and hurled two grenades, destroy- in a military hospital—in the military iconic political figure of the 50th State, ing the emplacement. hospital, he met another wounded war- the only original member of a congres- Before the enemy could retaliate, he rior, a man named Bob Dole. They sional delegation still serving in Con- stood up and neutralized a second ma- recuperated together, both having se- gress. And he has ensured through chine gun nest. Although wounded by a vere arm injuries, among other things. many years of diligent service on the sniper’s bullet, he continued to engage The only injuries you could see with Defense Appropriations Subcommittee other hostile positions at close range Senator Dole and Senator INOUYE were that an entire generation of America’s until an exploding grenade shattered the arms. But, of course, their injuries uniformed military has gone well pre- his right arm. were much more severe than that. pared into battle and was well cared for Despite the intense pain, he refused While there, Senator Dole told Senator when they returned. evacuation and continued to direct his INOUYE, both to be Senators: I am Despite all this, DAN’s quiet de- platoon until enemy resistance was going to run for Congress. Senator meanor and adherence to a code of broken and his men were again de- INOUYE beat him there by a few years. honor and professionalism has made ployed in defensive positions. That chance encounter began a life- him a stranger to controversy and to In the attack, 25 enemy soldiers were time of friendship that took these two the fleeting fame that often comes killed and 8 others were captured. By wounded warriors from hospital beds in with it. He is a man who has every rea- his gallant, aggressive tactics, and by Battle Creek, MI, to seats in the Sen- son to call attention to himself but his indomitable leadership, Lieutenant ate. The friendship and close working who never does. He is the kind of man, INOUYE enabled his platoon to advance relationship they have shared is em- in short, that America has always been through formidable resistance and was blematic of Senator INOUYE’s lifelong grateful to have, especially in her instrumental in the capture of the commitment to bipartisanship in the darkest hours, men who lead by exam- ridge. pursuit of progress. ple and who expect nothing in return. Lieutenant INOUYE’S extraordinary In his decades of public service, Sen- Historians tell us about one of those heroism and devotion to duty are in ator INOUYE has been a leader on issue dark moments early in our Nation’s

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.006 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S711 history, just after the surrender at and heart. Americanism is not, and ‘‘America has been good to us,’’ his Yorktown. Hostilities with the British never was, a matter of race or ances- father said. ‘‘And now—I would never had ended, but America was on the try.’’ have chosen it to be this way—but it is brink of a military coup. Congress had The overwhelming response of Japa- you who must try to return the good- promised to give officers and soldiers nese Americans proved Roosevelt right. ness of this country.’’ back pay, food, and clothing, and Eighty percent of the military-age men DAN INOUYE would make his father hadn’t delivered. The situation grew so of Japanese descent who lived in Ha- very proud. He has more than repaid serious that U.S. officers threatened an waii volunteered for the first-ever, all- the goodness of this country. I know I armed revolt. Japanese-American combat team. And speak for every other Senator who has In a meeting at Newburgh, George among the 2,686 accepted was an 18- served with him, the people of Hawaii, Washington urged patience. He assured year-old freshman at the University of and anyone who respects this institu- the officers Congress would act justly. Hawaii named DAN INOUYE. tion or loves this country, when I say And then, with anger and impatience The 442nd Regimental Combat Team, thank you for the dignity, the grace, still in the air, he pulled a letter from the famous ‘‘Go for Broke’’ regiment, and the heroism with which you have his pocket from Congress. Staring at it would become the most decorated mili- lived your great American life. You are for a few moments with a look of con- tary unit in American history. SGT an example and an inspiration to all of fusion, he reached into his pocket DAN INOUYE was one of its combat pla- us. again and pulled out a pair of reading toon leaders. He spent 3 bloody months I yield the floor. glasses that only his closest advisers in the Rome Arno campaign and 2 bru- The PRESIDING OFFICER (Mrs. had ever seen. ‘‘You will permit me, tal weeks rescuing a Texas battalion MCCASKILL). The Senator from Hawaii. gentlemen, to put on my spectacles,’’ that was surrounded by German forces, Mr. AKAKA. Madam President, in he said. ‘‘For I have not only grown an operation military historians often the year 1924, a child was born to a gray, but almost blind, in the service of describe as one of the most significant woman who was nurtured by a Hawai- my country.’’ military battles of the 20th century. ian family. He was born in Hawaii as Some of the officers wept with After the rescue, Sargeant INOUYE an American of Japanese ancestry. He shame. One man’s heroism was enough was sent back to Italy, where on April was brought up in Hawaii and went to to dissolve whatever hostilities re- 21, 1945, he displayed ‘‘extraordinary school there, graduated from McKinley mained. Revolt was averted, peace pre- heroism,’’ in leading his platoon High School in 1942, and decided to served, and a roomful of men learned through tough resistance to capture an serve our country, as he did. You have that day what it meant to be an Amer- important strategic ridge. Crawling heard others tell about his activities as ican. within five yards of the nearest ma- an Army person. But he went on to fi- More than a century and a half later, chine gun, he destroyed it with gre- nally receive the Medal of Honor from after another dark moment in our Na- nades, then stood up and destroyed sev- this country, which is the greatest tion’s history, another roomful of men eral others machine gun nests at close medal anyone can receive. This is Sen- would learn a similar lesson. The year range—even as a sniper’s bullet shat- ator DAN INOUYE. was 1959, the place was the U.S. Cap- tered his arm. Despite the pain, he con- When he finished his service, he used itol, and a young man named DANIEL tinued to direct his men until the en- the GI bill, of which he was a recipient, INOUYE was being sworn into office. emy’s retreat, and become one of the to be educated. When he returned to The memory of a hard-fought war most decorated soldiers of the war. Hawaii, he entered into politics and against the Japanese was fresh in DAN would later spend nearly 2 years served in the State legislature. many minds as the Speaker, Sam Ray- in an Army hospital in Battle Creek, When Hawaii became a State in 1959, burn, prepared to administer the MI, and it was there that he met a he was Hawaii’s first U.S. House of oath—not only to the first Member wounded soldier, as the majority leader Representatives Member. It was from from Hawaii, but to the first American mentioned, from Kansas. DAN had al- there he did run for the Senate and was of Japanese descent ever elected. Ray- ways wanted to be a surgeon, but that elected and has been here since that burn spoke: ‘‘Raise your right hand and dream faded away on a ridge in Italy. time. DAN INOUYE has served our coun- repeat after me . . .’’ He decided to ask his friend what he try well over these years, and he has Here’s how another Congressman had in mind for a career. Politics was served Hawaii well. So today I rise to mark a historic oc- would later record what followed: ‘‘The the reply. DAN was intrigued. And hush deepened as the young Congress- many years later, as a freshman in casion, which is Senator INOUYE’s man raised not his right hand but his Congress, he wrote a note to Bob Dole, 15,000th vote. This historic milestone is left and repeated the oath of office. playfully taunting him for not making compelling evidence of Senator There was no right hand. It had been it here first. INOUYE’s devotion to public service. lost in combat by that young American It is fitting that DAN owes his Senate The people of Hawaii have given him soldier in World War II. And who can career, in a sense, to a Republican. He their trust, and in return he has fought deny that, at that moment, a ton of has never let narrow party interests relentlessly for our State and our coun- prejudice slipped quietly to the floor of stand in the way of friendship or co- try. DAN INOUYE is an institution, without the House of Representatives.’’ operation on matters of real national As a young boy growing up in Hawaii, importance. His friendship with Sen- question, in the Senate, and I look for- ward to casting many more votes with DAN and his friends always thought of ator STEVENS is one of the most storied themselves as Americans. But after in all of Senate history. And I know I my good friend and mentor and brother to benefit Hawaii and strengthen the Pearl Harbor, they found themselves have never hesitated to call DAN when lumped together with the enemy. It I thought something important was at United States. God bless you, Senator INOUYE, and was one of the reasons so many of them stake. As DAN has always said, ‘‘to with much aloha. felt such an intense desire to serve. have friends, you’ve got to be a friend.’’ Thank you very much. Their loyalty and patriotism had been It is a good principle, and it is one he The PRESIDING OFFICER. The Sen- questioned, and they were determined has always lived up to. But it is just ator from Hawaii. to show their patriotism beyond any one of the remarkable traits that have Mr. INOUYE. Madam President, I am doubt. made him one of America’s great men. deeply moved and most grateful for the At first they weren’t allowed to vol- On the morning of his first day in the generous and warm remarks of my col- unteer. A committee of the Army, cav- Army, DAN rode part of the way to the leagues. I shall do my very best to live ing to prejudice, recommended against barracks on a bus with his dad. He up to their praise. forming a combat unit of Japanese later recalled that at one point his fa- I thank you very much. Americans. But they persisted, and on ther grew somber, offered his first son (Applause, Senators rising.) June 5, 1942, the policy changed. some brief advice about the importance Mr. COCHRAN. Madam President, I In reversing the previous order, of having good morals, then said some- suggest the absence of a quorum. President Roosevelt said, quote, thing about the country he would soon The PRESIDING OFFICER. The ‘‘Americanism is a matter of the mind defend. clerk will call the roll.

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.009 S06FEPT1 smartinez on PRODPC61 with SENATE S712 CONGRESSIONAL RECORD — SENATE February 6, 2008 The legislative clerk proceeded to those companies retroactive immunity dates that the Intelligence Committees call the roll. and foreclose litigation which is now of both the House and the Senate be in- Mr. SPECTER. Madam President, I pending in some 40 cases. formed of matters like the Terrorist ask unanimous consent that the order This issue is at the heart of the bal- Surveillance Program. I served as for the quorum call be rescinded. ance of values between national secu- chairman of the Judiciary Committee The PRESIDING OFFICER. Without rity and constitutional rights. There is in the 109th Congress. The chairman objection, it is so ordered. no doubt, at least on this state of the and the ranking member, under pro- AMENDMENT NO. 3927 TO AMENDMENT NO. 3911 record—where we do not know all of tocol and practice, ought to be notified (Purpose: To provide for the substitution of the details as to what the telephone about a program like that. But I was the United States in certain civil actions) companies have been doing—but it is surprised to read about it in the news- Mr. SPECTER. Madam President, I presumed, for purposes of this argu- papers one day, on the final day of ar- now call up amendment No. 3927. ment, and I think accurately so, that gument on the PATRIOT Act Re-au- The PRESIDING OFFICER. Without what the telephone companies are thorization. It was a long time, with a objection, the pending amendments are doing has produced very high-level in- lot of pressure—really to get the con- set aside. telligence for the U.S. Government. firmation of General Hayden as CIA Di- The clerk will report. There is no doubt of the importance rector—before the executive branch fi- The legislative clerk read as follows: of high-level intelligence in our fight nally complied with the statute to no- tify the full Intelligence Committees. The Senator from Pennsylvania [Mr. SPEC- against terrorism. We sustained 9/11. TER], for himself and Mr. WHITEHOUSE, pro- We fight a deadly enemy around the Now, on the other hand, the courts poses an amendment numbered 3927 to world—al-Qaida. We want to protect have been effective—and I will amplify amendment No. 3911. the United States and its people and this at a later time because I want to Mr. SPECTER. Madam President, I others, so that high-level intelligence yield soon to Senator WHITEHOUSE and ask unanimous consent that further is very important. give the opponents an opportunity to reading of the amendment be dispensed At the same time, constitutional speak before 4:30. But in the Hamdan with. rights are very important. I believe the case, the Supreme Court held that the The PRESIDING OFFICER. Without substitution which Senator President does not have a blank check objection, it is so ordered. WHITEHOUSE and I are proposing ac- in the war on terror. Justices held that (The amendment is printed in the complishes the objective of a continu- the President cannot establish military RECORD of Friday, January 25, 2008, ation of getting this very vital intel- commissions unless Congress author- under ‘‘Text of Amendments.’’) ligence information for national secu- izes it. In Hamdi, the Supreme Court Mr. SPECTER. Madam President, rity and, at the same time, protects concluded due process required that a there are 2 hours set aside for this constitutional rights. citizen held in the United States as an amendment. We have about 24 minutes The essence of the proposal is that enemy combatant be given a meaning- between now and 4:30, when the Senate the U.S. Government would step into ful opportunity to contest the factual will move on to other business. the shoes of the telephone companies, basis for that contention. In Rasul v. I have just discussed with my distin- have the same defenses, no more and Bush, the Supreme Court held that the guished colleague, Senator no less. The Government could not as- Federal habeas corpus statute gave dis- WHITEHOUSE, and the managers—Chair- sert governmental immunity because trict courts jurisdiction to hear chal- man ROCKEFELLER and Vice Chairman the telephone companies could not as- lenges by aliens held at Guantanamo BOND—my intent to speak relatively sert governmental immunity. The Gov- Bay. briefly on an opening statement and ernment could assert the State Secrets Well, this is not Pakistan, where then yield to Senator WHITEHOUSE and Doctrine, just as the it has by inter- President Musharraf can suspend the give an opportunity for opponents of vening in the cases against the tele- Supreme Court Justices and hold the the amendment to speak because I phone companies. Chief Justice under House arrest. This think that will tell the Senators and I believe it is vital that the courts re- is America. The balance is maintained staffs what this is about and perhaps main open. I say that because on our only because the courts are open. I be- generate more interest and more con- delicate constitutional balance of sepa- lieve it would be a major mistake to cern to follow, and then have addi- ration of powers, the Congress has been close the courts on pending litigation tional debate at a later time on the re- totally ineffective on oversight and on when the courts have provided the only mainder of our time. restraining the expansion of executive effective way to check expanded execu- At the outset, I compliment my dis- authority. But the courts have the ca- tive authority, which we have seen in tinguished colleague, Senator pacity, the will, and the effectiveness many lives. I will amplify those later, on matters such as signing statements. WHITEHOUSE, who is in his first term in to maintain a balance. But that is the essence of the argu- the Senate. I thank him for the work But we find that the President has ment. I am going to yield now to my asserted his constitutional authority he has done coordinately with me and distinguished colleague from Rhode Is- others on this bill. under article II to disregard statutes, land because I think it is useful, as we Senator WHITEHOUSE brings a very the law of the land passed by Congress move forward in the debate, to crys- distinguished record to the U.S. Con- and signed by the President. tallize the issues. We know Senators gress. He has served as U.S. attorney I start with the Foreign Intelligence and even staff don’t pay a great deal of for Rhode Island. He served as Rhode Surveillance Act, which provides that attention until the time for a vote is Island’s attorney general. And he has the only way to wiretap is to have a near, and when we see the essence of made quite a contribution to the Judi- court order. The Executive Branch ini- the two positions, I think we may cre- ciary Committee on what is a very tiated the Terrorist Surveillance Pro- ate some more interest and have more complex matter. gram in flat violation of that statute. people join this debate. Madam President, I ask unanimous Now, the President argues that he has I yield the floor. consent that Senator LEVIN and Sen- constitutional authority which super- The PRESIDING OFFICER. The Sen- ator CARDIN be added as cosponsors of sedes the statute. And if he does, the ator from Rhode Island is recognized. the amendment. statute cannot modify the Constitu- Mr. WHITEHOUSE. Madam Presi- The PRESIDING OFFICER. Without tion. Only a constitutional amendment dent, I thank the distinguished Senator objection, it is so ordered. can. But that program, initiated in from Pennsylvania. I consider it a Mr. SPECTER. The essence of the 2001, is still being litigated in the great personal honor to join him in pending amendment is to substitute courts. So we do not know on the bal- sponsoring this important amendment. the U.S. Government as a party defend- ancing test whether the Executive has He has served with great distinction as ant for the telephone companies, in- the asserted constitutional authority. a prosecuting attorney for Philadelphia stead of having the current provision But if you foreclose a judicial deci- for many years and then has served in which provides for retroactive immu- sion, the courts are cut off. Then the this Senate for 27 years with great dis- nity to the telephone companies. The executive branch has violated the Na- tinction, making him the longest serv- bill under consideration would give tional Security Act of 1947, which man- ing Senator in Pennsylvania’s history.

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.067 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S713 He has chaired the Senate Judiciary me that doing nothing is not a great Third, no one is forbidden to defend Committee, and he has always shown solution either. themselves in ongoing litigation. No great intelligence and independence. In The solution that fits the problem we one is bound and muzzled but forced to addition to all that, I am the junior face is this Specter-Whitehouse amend- stay in a judicial fight. member of the Senate Judiciary Com- ment, and it has two very simple parts. Fourth, there is no intrusion by Con- mittee, and he also has shown excep- One, a judicial determination, con- gress into ongoing adjudication, no tional courtesy and good will toward fidentially, in the FISA Court, whether separation of powers trespassed. me, notwithstanding my junior status these companies acted reasonably and Finally, if the companies acted rea- and notwithstanding my position on in good faith. That is a very simple de- sonably and in good faith at the direc- the other side of the aisle. So it is with termination that can be made with a tion of the Government but ended up considerable pride and also consider- very small amount of testimony based breaking the law, the Government able affection that I join him in sup- in many respects simply on the record truly is the morally proper party to porting this amendment. of what was provided to companies. the case. So this is not just sensible, We face, as Senator SPECTER said, the Second, if they did act reasonably and but it is right. I hope my colleagues critical balance between freedom and in good faith, there is then a well-es- will support this amendment. security, which will always be difficult tablished procedure under rule 25 of the I see time is a little short, but let me to maintain as long as a threat of ter- Federal Rules of Civil Procedure, rule continue a little bit longer because I rorism looms. As we all know, one of 25(c) to be specific, that can substitute wish to expand a little bit on this con- the many difficult issues that balance the Government for these companies in cern that intrusion by Congress into presents to us is the question of wheth- this litigation. ongoing adjudication presents a separa- er to grant immunity to telecommuni- First, let me talk about the good- tion of powers problem. Let me go all cations carriers who may have assisted faith determination. I hope we can all the way back to why we set up the sep- the Government in this surveillance agree that if the companies did not act aration of powers in the first place. I program. reasonably and in good faith, they quote U.S. Supreme Court Justice On the one hand, the administration shouldn’t get protection. I hope we can Scalia specifically who said: has called for a blanket grant of immu- agree on that. We establish a simple The sense of a sharp necessity to separate nity to these companies. On the other procedure for the good-faith question the legislative from the judicial power tri- hand, others have proposed preserving to be answered by the FISA Court. We umphed among the Framers of the new Con- the status quo. We are proposing a in Congress should not be the judges of stitution prompted by a crescendo of legisla- more sensible, practical, middle path that. We are not judges. Good faith is a tive interference with private judgments of the courts. that does less constitutional damage judicial determination. This is ongoing and still protects the essential equities litigation. The companies have, of So the question of a legislature inter- involved. course, asserted to us that they acted fering with ongoing litigation was the The choice is to give immunity, to in good faith, but that is no basis for us live concern of the Founding Fathers stop the litigation, to end the claims to conclude that, and we surely should when they separated the powers. In a against the companies, and take away not rely on one side’s assertion in mak- case called the United States v. Klein, the plaintiffs’ case against them, which ing a decision of this importance. Most the U.S. Supreme Court threw out a is not fair. Nothing yet suggests this is Senators have not even been read into congressional statute that purported to not completely legitimate litigation. the classified materials that would provide the rule of decision in a par- The courts who are considering it allow them to reach a fair conclusion. ticular case, saying of this relationship haven’t thrown it out, it is in process This body is literally incapable of between the legislative and judicial right now, and it is not fair to the forming a fair opinion without access powers: plaintiffs to up and take away their by most Members to the facts. So we It is of vital importance that the legisla- day in court. Moreover, there is a huge need to provide a fair mechanism for a tive and judicial powers be kept distinct. It separation of powers problem of a leg- is the intention of the Constitution that finding of good faith by a proper judi- each of the great courts and departments of islature intruding into ongoing litiga- cial body with the proper provisions for the government—the legislative, the execu- tion, now before a judge, and taking secrecy, which the FISA Court has. tive, and the judicial—shall be in its sphere away active claims. We would be tak- Second, substituting in the Govern- independent of the others. ing away plaintiffs’ rights and claims, ment. Well, if it turns out the Govern- So I urge my colleagues who are con- taking away their due process without ment directed the companies to engage sidering this to consider the sensible even providing for the basic judicial in conduct that broke the law, the Gov- merits of this amendment, to consider finding that the defendant companies ernment is the proper authority. If the this is the morally right way to go for- acted reasonably and in good faith. companies acted reasonably and in ward, and further, to consider that it That damage suggests that blanket im- good faith but ended up somehow reduces considerably the risk that if we munity is not a great solution and, in- breaking the law because of what the go ahead and give these companies this deed, it may even be unconstitutional. Government directed them to do, the immunity, the companies end up with The other choice we have on the im- real actor is the Government. Lawyers a lawsuit, they end up with a case and munity question is to do nothing. But in this body will understand this is a statute that is thrown out because it consider this: the Government has for- analogous to a principal-agent rela- is unconstitutional, and in effect we bidden the telephone company defend- tionship. The Government is in effect create a snarl rather than a solution ants to defend themselves, claiming the principal, the company acting as for them. state secrets privilege. They have tied directed is the Government’s agent, So with that said, I would again like the companies’ hands behind their and under principal-agency law, the to say how very much it means to me backs in this litigation, muzzled them, principal is liable for the acts of the to be cosponsoring this amendment forbidden them to offer any defense. In agent. with the very distinguished Senator my view, that is also not fair, particu- So the simple solution contained in and former chairman of the Judiciary larly if the Government put these com- this amendment follows the law, it is Committee, Senator SPECTER of Penn- panies into this mess in the first place. founded in the Federal Rules of Civil sylvania. If the Government wants to forbid self- Procedure, and it fits the problem we I thank the Chair and I yield the defense by these companies, the decent face. Consider: No one has legitimate floor. thing for the Government to do would rights and due process summarily The PRESIDING OFFICER. The Sen- be to step into the lawsuit, and defend taken away. This is, after all, the ator from West Virginia is recognized. on their behalf. The Government United States of America. Mr. ROCKEFELLER. Madam Presi- should not leave legitimate American Two, if the carriers acted reasonably dent, I am reluctant to ask, but I must, companies in the judicial arena, bound and in good faith, the Government how much time remains before 4:30? and muzzled, unable to defend them- steps in for them. In fact, the carriers The PRESIDING OFFICER. There is selves, and not itself be willing to step get a judgment in their favor dis- 21⁄2 minutes before 4:30. in the ring and take over. So it strikes missing them from the cases. Mr. ROCKEFELLER. Wonderful.

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.069 S06FEPT1 smartinez on PRODPC61 with SENATE S714 CONGRESSIONAL RECORD — SENATE February 6, 2008 Madam President, I simply rise to way FISA has always worked, and my wiretap purely domestic communica- say I will oppose this amendment and I amendment makes sure that the law tions without first obtaining a court will oppose it strongly and I think for stays that way. order. a series of very good reasons. But in There is broad agreement that com- But these kinds of statements are no spite of my eloquence and the ability munications known ahead of time to be answer when Americans’ basic liberties to talk very quickly, I simply cannot purely domestic should continue to be are at stake. ‘‘Trust us’’ is not enough. do the task in 11⁄2 minutes. So I ask governed by the standard FISA rules. unanimous consent to reserve my right Indeed, the Bush administration has FISA experts such as David Kris, a to speak further at the appropriate repeatedly stated that it does not in- highly respected former lawyer at the time before the vote. tend to use the new authority granted Justice Department and the author of The PRESIDING OFFICER. Without under the Protect America Act or this the leading treatise on FISA law, be- objection, it is so ordered. legislation to acquire communications lieve that the legislation is not clear The Senator from Missouri is recog- that are purely domestic, without ob- right now. And if the law is unclear, nized. taining a court order first. The admin- there will be tremendous pressure on Mr. BOND. Madam President, with istration acknowledges that when the the intelligence community to apply it the time so graciously allowed us by Government knows that all the parties as aggressively as possible, because it the proponents of this measure—and I to a conversation are in the United is their duty to do everything they can know it was not intentional—I will States, a specific court order should be within the boundaries of law. only say a couple of quick things. No. needed to intercept that conversation. As Mr. Kris recently stated, even 1, the courts are not precluded. The un- I haven’t heard a single Member of though the Intelligence Committee bill derlying bill, the bipartisan bill, per- Congress disagree with this point. But prohibits the targeting of persons mits lawsuits to go forward against the without this amendment, the FISA known to be in the United States, it Government and the Government em- bill’s new authority could be used to ‘‘does not, however, foreclose all sur- ployees. No. 2, there was notification of acquire purely domestic communica- veillance of [purely] domestic commu- the Big Eight—the ranking members tions without a court order. nications . . . because surveillance can and chairmen of the Intelligence Com- The bill requires the Government’s ’target’ an international terrorist mittees and the leaders—when this pro- ‘‘targeting procedures’’ to be designed group located abroad, but still be di- gram was started. No. 3, article 2 does ‘‘to ensure that any acquisition . . . is rected at a domestic telephone number give the President the power to exer- limited to targeting persons reasonably or other domestic communications fa- cise foreign intelligence collections. believed to be located outside the cility.’’ I would say to my colleague who has United States.’’ The problem arises be- Mr. Kris has said that his ‘‘principal been on the Intelligence Committee, if cause sometimes the ‘‘target’’ of the concern about [this bill] . . . is that it he doesn’t think Congress has been ef- surveillance may be abroad, but the resembles the Protect America Act in fective in overseeing programs, he has communications that the Government allowing surveillance of domestic com- not seen the committee that is chaired wants to acquire may occur entirely munications’’ without a warrant. This by Senator ROCKEFELLER and on which inside the United States, because the is a radical change to a FISA system I ride shotgun with him. The Judiciary subject matter concerns the target who that has protected Americans for three Committee—if it was not advised, the is abroad. The term ‘‘target’’ is not de- decades. If put to a vote, I have no Judiciary Committee’s primary respon- fined in FISA, but the legislative his- doubt that Americans would reject it. sibility is not intelligence. That is the tory states that the ‘‘target’’ is the Intelligence Committee. We get the person or entity ‘‘about whom or from This concern can’t be waved away by sensitive information. We spend a great whom information is sought.’’ That the administration telling us that it deal of time. We have reviewed it. We broad definition is capable of being in- takes a different legal view. When one believe it is a disaster for our intel- terpreted to allow surveillance of peo- of the top FISA experts in the country ligence collection to have substitution ple other than a ‘‘target.’’ says that the law is not clear, we because we would see our most sen- For example, the Government might should listen. sitive means of collection exposed. The believe that two Americans in the Promises about how the Government private parties that might have par- United States—let’s call them Tom and will interpret the law in the future are ticipated would be put through tremen- Mary—will discuss a third party who is not enough. If we all agree about a spe- dous economic and commercial harm located outside the country. Under this cific policy goal—and everyone should and subjected potentially to harass- bill, that third party can be a group, agree that in purely domestic-to-do- ment, and perhaps even terrorist at- not just an individual, and the Govern- mestic situations, the traditional FISA tacks, for having worked with us. ment can obtain a blanket warrant rules should apply—then we should be Therefore, I strongly urge that our that allows it to spy on everything very clear about that goal in the legis- colleagues defeat amendment No. 3927, that group does in the future. Although lation we write. Any FISA law that the Specter-Whitehouse substitution the authors of the bill have stated this Congress passes may set the rules on amendment. should not occur, the concern is that surveillance for years to come, and dif- Mr. KENNEDY. Madam President, when Tom and Mary talk to each ferent administrations may interpret the amendment that I have offered other, the Government might claim the ambiguous language in different ways. with Senators KERRY and MENENDEZ third party is the ‘‘target’’ who pro- My amendment makes clear that the addresses a serious problem with the vides the legal basis for the surveil- traditional FISA rules apply when the FISA bill that we are now considering, lance—with the practical result being Government knows ahead of time that and I am very pleased that it has been that the Government could listen in on the communication is purely domestic. incorporated into the bill by unani- the conversation without making any The amendment does not add any sub- mous consent. showing to any court about Tom and stantive changes to the law; it adds The amendment clarifies that under Mary. the new authority provided in this leg- My amendment protects innocent clarity and certainly where now there islation, the Government may not in- Americans by clarifying that tradi- is ambiguity and confusion. tentionally acquire a communication tional FISA rules still govern for com- Americans deserve to feel confident when it knows ahead of time that the munications known to be occurring when they are talking with their sender and all of the intended recipi- within the country. The Government friends, neighbors, and loved ones in- ents are located in the United States. could still spy on Tom and Mary—but side the United States that they will When the Government knows ahead of it would have to obtain a warrant first, not be spied on without a warrant. time that both the person making the with the usual exception for emer- Bringing clarity to this area of the law call and the person receiving the call gencies. is good for Americans’ liberties, and it are located inside the United States, it According to the administration, the is good for national security. I con- will have to get a court order before it law already requires this. The adminis- gratulate my colleagues for adopting can listen in on that call. This is the tration has said flat out that it will not this amendment.

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.071 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S715 RECOVERY REBATES AND ECO- recognize that is going to have to be on the basis of the fact that if there is NOMIC STIMULUS FOR THE paid for, we are not going to walk out a capital gain, if we were to lower that, AMERICAN PEOPLE ACT OF 2008 of this slowdown we appear to be fac- they might invest more or they might The PRESIDING OFFICER. Under ing. The reality is that the model is recognize the gain they have today, the previous order, the Senate will re- the Japanese banking industry: When consequently, even generating taxes. sume consideration of H.R. 5140, which they refused to recognize the losses, We can index capital gains for infla- the clerk will report. what it did was impact their economy tion. That creates a stable investment The assistant legislative clerk read for 10 years. So the realities are that environment whereby business deci- as follows: there has to be an economic price when sions will invest in capital, create jobs, A bill (H.R. 5140) to provide economic stim- we have an economic excess. Our job which create salaries, which create in- ulus through recovery rebates to individuals, should be to make that as easy on our come, which create tax revenue. incentives for business investment, and an economy as we can, thinking about the We can markedly advance—much increase in conforming and FHA loan limits. future of our economy. more so than we have done in this Pending: Now, all the options that have been bill—depreciation schedules if we want Reid Amendment No. 3983, of a perfecting presented, when scored in the long to have an impact. We could go to full nature. term, have very little beneficial effect expensing for capital equipment for- Reid amendment No. 3984 (to amendment for the economy other than the psy- ever. We don’t have to stop it now. No. 3983), to change the enactment date. chology we are putting through. The What that would do is create invest- Motion to commit the bill to the Com- reason it is important to discuss alter- ment in capital goods in this country, mittee on Finance, with instructions to re- natives is because there is a way, which would create jobs, which would port back forthwith, with Reid amendment which is proven in economics, proven raise wages, which would create in- No. 3985. Reid amendment No. 3986 (to the instruc- in capitalistic societies, in free market comes, which would create tax reve- tions of the Reid motion to commit), of a societies, where you can generate stim- nues for the country. perfecting nature. ulus and revenue back to the Govern- There are other things we can do be- Reid amendment No. 3987 (to amendment ment so that, in fact, you solve the sides just send money out the door. We No. 3986), of a perfecting nature. right problem, the real problem, and can establish a repatriation window for The PRESIDING OFFICER. The Sen- you don’t bankrupt your children fur- corporate taxes overseas. The best way ator from Oklahoma is recognized. ther, which is what we are going to do to not ever have to deal with this again Mr. COBURN. Madam President, whether we pass the House bill or the is to have a corporate tax rate equiva- could the Chair explain the unanimous Senate bill. We are going to steal $150 lent to what is going on in the rest of consent order under which we are oper- billion or $190 billion from our grand- the world—have one at 25 percent in- ating? children. I think we ought to think stead of 35 percent so that we, in fact, The PRESIDING OFFICER. There is twice about that. Do we really, as sen- are competitive worldwide, so that cor- 45 minutes, evenly divided, to be fol- ior citizens, want to steal $600, to $800, porations don’t refuse to bring income lowed by 30 minutes, evenly divided to $1,200 from our grandchildren for us they have earned overseas back to this and controlled by the two leaders prior today? Do we want to do that? Is there country because we have an excessive to a cloture vote. another way in which we can stimulate tax on it, so they decide not to do that. Mr. COBURN. Madam President, I our economy without stealing from our Finally, what we can do is make the ask unanimous consent to be allotted kids and ultimately putting the money Small Business Administration work. 10 minutes to discuss the fiscal stim- back in so that our children don’t have Seven years ago, the impact of Govern- ulus package. to pay for this stimulus package? ment regulation on small business was The PRESIDING OFFICER. Is there There is. There are a lot of economic less than $4,000. It is $7,400 per em- objection? theories and experience in this country ployee. That is the impact of the Fed- Mr. BAUCUS. Reserving the right to that prove that. eral Government. That is not the taxes object, I understand that the Senator’s So let’s talk some about what we you pay, that is the impact of the regu- time will be charged to the Republican should be doing that we are not. In- lations in terms of the cost impounded side. stead, we are pandering to people, onto small business by the Federal Mr. COBURN. Absolutely. thinking they are going to get $600 or Government. The PRESIDING OFFICER. The Sen- $800, and we don’t have any idea other I will end with talking about the ator from Oklahoma is recognized. than to think a third of that money budget that was just submitted by the Mr. COBURN. Madam President, we might have a stimulus effect, but it administration. We are going to spend have heard a lot in the press, and we will have a negative effect in terms of probably $150 billion or $190 billion, and have certainly heard a lot from our what our kids have to pay back. we are not going to pay for it. We are own Finance Committee, and we have One thing we can do is create cer- not going to reduce any of the wasteful seen what the House passed in terms of tainty about economic decision- spending, including the inappropriate the stimulus package. making. We can extend the Bush tax payments in Medicare, and there is an- I think, once again, in our hurry to cuts. We can extend them so people other $40 billion in fraud. Medicaid has address a problem, we have not asked: will continue to make positive deci- $30 billion worth of fraud and another Are we fixing the right problem, the sions based on a tax rate they know is $7 billion in improper payments. Food problem in connection with the House there rather than one they know is stamps has $6 billion worth of improper leadership passing a bill that will spend going to go away in 2 years, which will payments, not counting the fraud. $150 billion. One of the first questions limit their investment. There is nothing associated with fix- we ought to ask is, Where is that Second, we can lower corporate tax ing what is wrong with the Govern- money coming from, the $150 billion? rates. We now have the second highest ment so that the American people get Nobody can dispute the fact that we corporate tax rates in the world. That value from it. We are going to throw are going to borrow that from our hasn’t been part of any discussion. We money at a problem rather than secure grandchildren; we are going to go to know that when we lower corporate tax the future for our children and grand- the markets and borrow the money to rates, we see increased investment, children. We can do better. We ought to stimulate our economy. Nobody will which increases the tax revenues for do better. We should not say we are dispute the fact that there is very lit- the country, and we also see economic just going to throw money at the prob- tle payback into the Treasury, in growth. So there is a positive there, lem. terms of tax collections, from this but it is not complete. There is a cost Let’s make long-term structural stimulus plan. associated with that, but at least there changes in the Tax Code that raise the The facts as they are, we had an over- is some feedback. But we have not con- opportunity for our children rather heated housing boom. We can deny eco- sidered that. than lower it by putting debt on their nomic reality, but until we mark the We have not reduced the capital shoulders. Let’s make the long-term market—the overinflated cost that has gains tax rate on corporations—the changes and tough choices of elimi- extended credit in our country—and people who invest great sums of money nating programs that aren’t working

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.072 S06FEPT1 smartinez on PRODPC61 with SENATE S716 CONGRESSIONAL RECORD — SENATE February 6, 2008 effectively, or let’s refine programs bate checks to disabled veterans who for net operating losses for companies that are wasteful, not efficient, and don’t pay taxes. from 2 years to 5 years. Very simply, loaded with fraud. Let’s eliminate the And the Finance Committee amend- the bonus depreciation and expensing wasteful programs that account for ment would provide an additional 13 provisions help companies that make a $150 billion of money spent each year. weeks of unemployment insurance. profit—many companies during this Let’s get rid of the $30 billion in waste And high unemployment states would low economic growth time are not at the Pentagon. Let’s get rid of the $3 qualify for an extra 13 weeks. The making money—it seems fair they be billion we spend every year maintain- House bill does not provide an exten- included in the stimulus package, and ing buildings the Pentagon doesn’t sion of unemployment insurance. that is why it is very important that want. We don’t have a way to get rid of Almost a million more Americans provision be enacted. them, but we don’t have the courage to are unemployed today than were a year This provision will help the housing change the law. ago. And 69,000 additional unemployed industry, especially homebuilders, There are all kinds of ways to save a workers filed claims for unemployment from going belly up. There were a lot of couple hundred billion dollars a year, insurance just last week. loans made that should not have been but it means you have to ruffle some CBO found unemployment insurance made. The more we can show to the feathers. It is time we do that and do to have a big bang-for-the-buck. It acts American people that we are thinking the hard work, rather than the easy quickly to boost the economy. about them, that we are trying to add work. I heard my friend from Oklahoma. a stimulus to the Nation’s economy, Thank you for the opportunity to Frankly, all of the big ideas and great the better, including showing to the speak in terms of what I think is a ideas are ideas we cannot address at housing industry that by making a long-term way to resolve this economic this point. We have to act now, imme- change in the tax laws they can carry trough we appear to be facing. I am not diately. The President wants us to act back current losses to earlier profit- confident we are going to do it the now with the stimulus package. The able years so they can make payrolls right way. I think we are going to do it House wants us to act now. We in the and not have to go belly up. the politically expedient way, which Senate have to act now; that is, we I might add, we also in the Senate Fi- helps people get reelected but doesn’t have to get some rebate checks out to nance Committee package—the House fix the real problem. To me, to my re- the American people so they can spend does not do this—tighten up provisions gret, that is a sad misnomer for this those checks, those dollars, and prime that make it extremely difficult for il- body. the economy. legal aliens to get these rebate checks. I yield the floor. The Chairman of the Federal Reserve That is very important. It is not in the The PRESIDING OFFICER. The Sen- System has done his part by lowering House bill. We have that provision in ator from Montana is recognized. interest rates to help keep our econ- the Senate bill. Mr. BAUCUS. Madam President, the omy from going into recession, to help Finally, this is clearly the right book of Leviticus teaches: ‘‘Rise in the keep our economy from falling into thing to do. It is clearly right that 20 presence of the aged, show respect for high unemployment rates, because we million seniors and about 250,000 dis- the elderly, and revere your God.’’ are facing a time of slow growth, pri- abled veterans be included in the re- Today, the Senate can show respect marily due to the problems in the bate check program. We do that in our for America’s elderly. Today, the Sen- housing markets, the subprime prob- bill. There are some other provisions, ate can extend needed stimulus checks lems, which cascade into securitized but that is the core of what we are to 20 million seniors whom the House loans and which, frankly, were peddled doing here. left behind. in a way that caused a lot of investors Clearly, the House will accept these America’s seniors have earned the in our country to not know, frankly, changes, there is no doubt about that. right to get stimulus checks, every bit what they were investing in. The President can sign it, and we can as much as other Americans. They The Chairman of the Federal Reserve get this rebate program up and going. worked hard all their lives. They paid a System, Mr. Bernanke, also wants this We can get it passed very quickly. lifetime of taxes. They contribute to package now. He knows what he is I yield to the Senator from New Mex- the economy. talking about because he is, after all, ico, Mr. DOMENICI, for 6 minutes. And seniors can use the money. And probably the best economist in this The PRESIDING OFFICER. The Sen- because they can use the money, sen- country at the moment. The Chairman ator from New Mexico. iors are excellent targets for economic of the Federal Reserve System is say- Mr. DOMENICI. Madam President, I stimulus checks. Because they can use ing that, in addition to lowering rates, rise to outline my reasons for sup- the money, they will spend it quickly. we should have the stimulus package porting the Senate Finance Committee Americans over age 65 spend 92 per- passed. stimulus package. cent of their incomes. Households We on the Senate Finance Com- I have reviewed various proposals headed by a person over age 75 spend 98 mittee did improve upon the House- carefully. Clearly, the House-passed percent. That is higher than any other passed bill. We decided not to replace it package is simply unacceptable. I pre- group over the age of 25. And that but improve upon it, so that any dict that the House would not pass that means that a check sent to a senior changes we make can be easily folded bill again now that its flaws have been will have a greater bang for the buck in into the House-passed bill, and get the revealed. By denying rebates to Social terms of helping the economy. final product on the President’s desk Security recipients and veterans, yet The Finance Committee amendment very quickly. Nobody wants to hold up giving it to illegal immigrants, the would help 20 million seniors who were the stimulus checks or hold up stimu- House has produced something most left out of the House bill. The Finance lating the economy. So I am quite con- Americans would reject. Committee amendment would provide fident we will get this resolved quickly, I understand that in the rush to seniors with rebate checks of $500. The with improvements. produce the package, the House may underlying House bill would not help The research organization econ- not have completely vetted each and those 20 million seniors. omy.com found that each dollar spent every provision. So when I say it is And the Finance Committee amend- on extended unemployment insurance simply unacceptable, I believe the way ment would also provide rebate checks benefits generates $1.64 in increased I have outlined what probably hap- for 250,000 disabled veterans who re- economic activity. pened is true. They did a terrific job in ceive at least $3,000 in nontaxable dis- Don’t forget, we passed a bipartisan a short period of time. It is just that ability compensation. The Finance stimulus bill after 9/11, and that con- the product, unfortunately, had to go Committee amendment would make tained an extension of unemployment somewhere else, it had to come here, them eligible to receive the same $500 insurance. The President signed that and in coming here the good staff and rebate as wage earners and Social Se- bill. We should do the same now. others had to look at it in its entirety curity recipients. The Veterans Admin- Further, we are adding a provision— again, and they found what I described istration would distribute the rebate. it sounds technical, but it is simple— and the chairman of the full committee The House bill would not provide re- that would extend the carryback period described.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.073 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S717 I say to the chairman of the full com- Finance Committee proposal as soon as In terms of the issue of speed, it mittee, I am not on this committee, possible is important. We can pass the would behoove us to reject what has but I follow it, and I know what is in provisions by invoking cloture, not been called the Christmas tree package the final package. waiting until later in the year to try to out of the Senate Finance Committee Yesterday, the Institute for Supply pass them on a different vehicle. which substantially raises costs, Management reported that business ac- I have concluded that I will support spends more money, is much more tivity in the nonmanufacturing sector cloture on the Senate Finance Com- complicated than it would be to take of our economy contracted. That is the mittee proposal, recognizing that a up the House-passed bill which can be part of the economy that has been conference with the House is likely and done more quickly. holding everything together. It had not that both Chambers will be able to I don’t mean to be pejorative when I been contracting; now it has. The level fine-tune the ultimate package and get talk about a Christmas tree, but that of that key indicator is now at its low- it quickly to the President. I hope that is pundits talk about a bill that starts est level since 2001. Right after the ter- is the case. The House had its turn. We out relatively small, but because Mem- rorist attacks of September 11, the will now have our turn. Then there will bers have favorite adds to make to it, stock market dropped 370 points and be a conference which will have to be which is another favorite pundit investors continued to move into called in any event, but they will now phrase, things we like to add to the ultrasafe areas, such as Government be operating under the gun, meaning bill, we end up with a bill that started bonds. getting something done quickly or out small but ends up looking like a Last week and earlier this week, we they will lose all credibility. tree with a lot of ornaments on it. had more information about a dev- I am hopeful I have chosen the right Remember when Speaker PELOSI and astated housing industry and the an- path. I know it is a difficult one for Leader BOEHNER and the President nouncement of bankruptcy of a major many who think I should do otherwise. struck the agreement they did that home building firm. Last Friday, the I respect all of them, but I made my de- passed the House with 38 negative Government reported that the Nation cision on what is best for New Mexico votes, there was a recognition this suffered a decline in job creation for and what is best for America as I see it. needed to be done quickly and cleanly. the first time in 4 years. I thank the chairman for yielding me There were just three working parts In short, we clearly face the possi- time. I yield the floor. to this legislation. Members of the bility of a recession. Worse, this reces- Mr. BAUCUS. Madam President, I House had a lot of other great ideas. sion may dovetail with the present commend and thank the Senator from There are a lot of other items they near freeze in credit markets. And New Mexico. He is making a coura- would have wanted to put on it, but when that happens, none of us knows geous decision. More often than not, their leaders convinced them to get bi- how these two things may interact and when somebody makes a courageous partisan support. It was very impor- what it may bring to us. decision, it clearly is the right thing to tant to keep the package trimmed A prudent person would do as the do. It is easy to not make the coura- down to the point where Secretary House has done and has been proposed geous decision. Sometimes it is hard to Paulson believed it would actually ben- by the Senate and pass a stimulus make a courageous decision. He is efit the economy and not add extra- package that will get money into the making a courageous decision. I thank neous spending and elements. economy as soon as possible and will him and I know the people of New Mex- What happened when the bill came to target particular sectors especially ico are proud of him for standing up the Senate Finance Committee on hard hit. The question isn’t whether we should and doing what he is doing. which I sit? I haven’t added it up, but have a stimulus package. The question The Senator from Arizona seeks rec- some have said there is $40 billion in is, which do we prefer? The first thing ognition. additional costs, in additional spend- to look at is the cost. The Senate Fi- The PRESIDING OFFICER. The Sen- ing, and I will talk for a moment about nance Committee package, as amend- ator from Arizona. some of that spending. Those who are Mr. KYL. Madam President, first, let ed, will cost $158 billion. The House- concerned about adding to the deficit me say that one of the points made by passed package was $146 billion. In a need to be concerned about the addi- $14 trillion economy, a difference of $12 my dear friend from New Mexico is tional cost of this bill. Some of that billion is insignificant, almost a round- backward. We need to deal with this spending has to do with some tax cred- ing error in an economy clearly the issue in a speedy fashion. There is one its for various kinds of businesses that size we have. Both packages cost about point that unites everybody with re- have no stimulative effect whatsoever the same. gard to this stimulus package: If it is and are being done to either please cer- Second, it seems to this Senator that not done quickly, its stimulative effect tain legislators or to find a vehicle for speed is the important ingredient. diminishes effectively, and there is a something. Therefore, if we invoke cloture on the point at which it will not have the For example, there is something like Senate Finance Committee package be- stimulative effect people would like. $100 million that is owed to some coal fore us, we can move quickly and move Therefore, speed is of the essence. companies in the United States. They toward a Senate-passed package. One of the points about the Finance have not been able to find a legislative Third, I believe the Senate Finance Committee package is, of course, if it vehicle to get the money appropriated Committee bill spreads the rebates, in- were to pass, we would have to go to a so they can be paid their $100 million. cluding veterans and Social Security conference committee between the So this was thought to be perhaps the recipients, and making sure no illegal House and the Senate which would ob- right kind of vehicle to do it on. immigrants receive the rebates. viously delay this process. I don’t know Apparently they are owed $100 mil- Fourth, the committee recommenda- how long it will take to get to con- lion and we need to send it to the coal tions will give a strong boost to hous- ference or how long a conference com- companies, but that has nothing to do ing and home building through its net mittee will take, but it could be a with stimulating the economy. It is operating loss provisions. We cannot lengthy process taking us beyond the payment for a past debt for a court ignore the weight that the collapsing February recess which means that, case. But one of the Members wanted it housing market and home building sec- clearly, we will be talking about weeks in this bill and, as a result, it got put tor have had on our economy and loss to get this bill to the President. in the bill. That is not a stimulus pack- of jobs. Were we, on the other hand, to follow age for the American people. It used to be common knowledge that Leader MCCONNELL’s advice and reject Then there was a group of tax breaks. you would not have a robust American the Senate Finance Committee pack- What are some of the tax breaks for economy without a robust home build- age and move to a modified version of businesses? One is a tax break so we ing sector accompanying it. That may the House-passed bill, we could get can build more efficient homes. One of still be true. We have had a robust that to the House which could pass it, our problems in our economy is we housing economy until now. send it on to the President, and be done have a glut of housing on the market Finally, I believe the passing of the with it. That can all happen, frankly, right now. So we are going to make a energy tax provisions in this Senate by the end of this week. tax break so folks can build more

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.078 S06FEPT1 smartinez on PRODPC61 with SENATE S718 CONGRESSIONAL RECORD — SENATE February 6, 2008 homes to put on the market to add to vent that from happening is to do sen- I yield 2 minutes to the Senator from those that already exist, as well as sible policy in the meantime to try to Arkansas, Ms. Lincoln; 2 minutes to commercial buildings. obviate that situation. And the Sec- the Senator from Ohio, Mr. BROWN; 2 There has been a lot of talk about retary of the Treasury and the Presi- minutes to the Senator from North Da- the rich getting too much in this pack- dent and the House of Representatives kota, Mr. DORGAN; and 2 minutes to the age. One of the tax breaks is to remove clearly believe the best way to do that Senator from Minnesota, Ms. the income limit for people who can would be to pass the stimulus package KLOBUCHAR. now, under the Finance Committee that doesn’t have this additional $30 The PRESIDING OFFICER. Without bill, take a tax break for investments billion in unemployment extension objection, it is so ordered. they have made in marginal oil and gas added to it. Mr. BAUCUS. Madam President, I wells. Maybe that is a good idea. I The final point I wish to make is that yield to the Senator from Arkansas. don’t know. But it clearly has no place there is some concern that there are The PRESIDING OFFICER. The Sen- on a stimulus package. politically popular things in the Fi- ator from Arkansas is recognized. My point is that the Finance Com- nance Committee package and it is Mrs. LINCOLN. Madam President, a mittee did a variety of things which hard to vote against those politically special thanks to the chairman for all Members wanted done. They may or popular things. I think the Senator his hard work. may not represent good policy, but from Montana made a good point a mo- As we look across this great Nation, they have nothing to do with the stim- ment ago in reference to a different we all understand our economy needs ulus and simply add costs to this bill. matter, that when you do something as some help, and that is why the Senate Remember, this is all borrowed money. a matter of conscience, and it is hard Finance Committee quickly took up So it takes us further into a deficit sit- to do, usually it represents good policy. the economic stimulus package which uation. This is a case where the House of Rep- the House and the administration had One of our colleagues on the com- resentatives was willing, on a bipar- put out there. I have to give an incred- mittee pointed out that these energy tisan basis, under the leadership of ible compliment to our chairman and tax breaks actually are part of a larger Speaker PELOSI and Leader BOEHNER, ranking member, Chairman BAUCUS bill, which I support, called the extend- to put together a package, with the ad- and Senator GRASSLEY, who went about ers package and, indeed, that is true. ministration, in the kind of bipartisan- this in such a thoughtful way, making What is the extenders package? The ex- ship our constituents would like to sure there was no pride of authorship tenders package is a package of legisla- have us engage in more often, in order but recognizing what we had to do was tion that each year we pass without to pass a bill quickly, that could be to improve on this bill, to improve on question to ensure that various kinds sent to the President quickly, and they what the House had done in such a hur- of tax provisions remain in the Tax did that even though I am sure many of ried fashion, in order to be sure we Code, such as the research and develop- them were tempted to add all kinds of didn’t leave people out. This is very ment tax credit and a variety of provi- other politically popular things to it. thoughtful with respect to the econ- sions such as that. I asked for unani- Now the attention turns to the Senate, omy and the long-term debt issues out mous consent to offer that in com- and are we acquitting ourselves as there, to keep a package that was mittee and it was rejected. We do well? I daresay not, if this Christmas small and reasonable, yet was com- know, however, for a certainty, that is tree package from the Finance Com- prehensive for the task that it had. going to pass this Congress. So these mittee is adopted on the Senate floor. The package Speaker PELOSI and energy provisions, even to the extent Instead, our constituents will look at President Bush put together was a people want them, are going to become us as the folks who slowed it down; we good start, but, unfortunately, there law, but they don’t have to be put in added a bunch of spending to it. were some very important changes the stimulus package to drag it down. The American people are already that needed to be made, and most nota- The other big expense added in the skeptical that getting a $500 or $700 re- bly some very hard-working and de- Finance Committee was the extension bate check is going to help stimulate serving Americans were disqualified of unemployment. The Secretary of the the economy. But clearly they are from the stimulus rebate under their Treasury and other people in the ad- going to look at the additional spend- proposal: our seniors living on Social ministration will tell you, in their ing, the increased hit to the deficit, Security income and our disabled vet- view, this stimulus package could add and wonder whether we were simply erans. Why in the world would we want anywhere from a half percent to three- acting in a political way rather than in to leave behind this group of such im- quarters of a percent of growth to the a way best for the country. portant Americans—fabrics of our So my view is we would be far better GDP, if it is done very quickly and American family, people whose backs served to do what is the best policy, very cleanly. However, adding the un- this country was built on and protected and that is to reject the Senate Fi- employment extension, $30 billion or so by—20 million seniors and at least a nance Committee package as too to it, would eliminate the effect of a quarter of a million veterans who we much, more than the traffic can bear in stimulus that otherwise would be pro- this case, and to go back to the version know should qualify? The fact that vided. So the irony is that by adding of the House of Representatives, which there are disabled veterans who might the unemployment compensation ex- would be modified ever so slightly, to qualify for that rebate is certainly rea- tension provision here, we actually re- send it back to the House to imme- son enough to make sure we go back move whatever stimulative effect there diately pass it and on to the President and get it right. I have no idea why the is in the bill, and we are right back to and get this done. other side would not want to do that. a bill that ends up, as I said, looking My personal view is the kind of This is not the only thing we intend like a Christmas tree. spending that is involved in the Fi- to do to stimulate the economy, but it Right now, unemployment nation- nance Committee package will actu- is the jolt we need. The Senator from wide is 4.7 percent. We have never ex- ally act to the detriment, not to the Oklahoma was worried it was the only tended unemployment benefits when benefit, of stimulating the economy, thing. No. No one thinks this is the unemployment was at that low a level. and that is why it should be rejected. only thing we are going to do. We are It has always been in the neighborhood In a few moments, we are going to going to follow with a farm bill, which of 6 percent or above, maybe a little have a chance to vote on this, and I will put an immediate stimulus into below that, that has caused us to ex- hope my colleagues will vote no on the our rural areas. We will be looking at tend unemployment benefits. So there motion for cloture to bring up the Fi- the energy tax package and a host of may well come a time, if we can’t get nance Committee-passed package of others—No Child Left Behind, which the economy moving in the way we the stimulus bill. has been underfunded a tremendous want it to, that there would continue The PRESIDING OFFICER. The Sen- amount. to be stress in the employment sector ator from Montana. The Senate Finance Committee took and people might actually begin losing Mr. BAUCUS. Madam President, I action quickly to address the inequi- more jobs, in which case we might have have a number of Senators seeking rec- ties of the Pelosi-Bush package, and I to extend it. But the best way to pre- ognition. am glad they did. The chairman and

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.080 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S719 ranking member did an excellent job, should think of it in terms of a family I know we are all going to get this and I hope my colleagues will recognize sitting around a supper table and they done, but I believe it is very important we have a one-time shot at making are talking about who is going to get we not neglect the seniors, 600,000 sen- sure the Americans understand what it this rebate. So somebody says: Well, iors in Minnesota. I have always be- is we are doing: stimulating and jolting you know what, let’s make sure lieved this is a country where we wrap the economy and making it fair. grandpa and grandma don’t get it. our arms around the people who have The PRESIDING OFFICER (Mr. Let’s not give grandpa and grandma a been there for us—our seniors and dis- SALAZAR). The Senator’s time has ex- rebate. They don’t need to be in it. And abled veterans. When these guys signed pired. by the way, Uncle Carl is unemployed. up for war, there wasn’t a waiting line. The Senator from Ohio. He doesn’t need it. He ought not get a Why would we put them at the end of Mr. BROWN. Mr. President, I appre- rebate. Or Cousin Ralph, he is a dis- the line when we are looking at these ciate the words of the Senator from Ar- abled veteran. He is not going to need rebate checks? kansas. They are good words. a rebate. So I believe it is important we move We have an opportunity to both Do you think any family sitting forward with the Senate finance pack- jump-start our economy and solve the around a supper table would make age, which does some very good things, problems staring us right in the face. It those choices; that they are going to as the Presiding Officer knows, for the is the difference between investing in throw grandpa and grandma off the State of Colorado, to promote energy— our Nation’s economy and investing train and the disabled veteran who renewable energy, and wind and solar— wisely in our Nation’s economy. Of served this country and put his life on and I wish to move forward with it. But course, we should invest wisely. the line? I believe that long after these rebate We have an opportunity to put So here is the deal. We are told by checks are cashed, we are going to have money into the pockets of almost some: Well, you know, they haven’t to change it for the long term. This every American or just some Ameri- earned income, so, therefore, they are means rolling back those tax cuts for cans. We can exclude retirees, we can not going to qualify for this rebate. Oh, the wealthiest people, making over exclude disabled veterans, or we can in- really? You haven’t earned your Social $200,000 a year, investing in our infra- clude them. Obviously, we should in- Security check? Seems to me that is a structure, and moving this country in clude them. lifetime of earning. You didn’t earn the right direction. The Reid amendment incorporated in your disability payment? You earned it I yield the floor. the Finance Committee proposal sends by putting your life on the line for this The PRESIDING OFFICER. The Sen- rebates to the homes of 21 million sen- country. ator from Tennessee. ior citizens, 250,000 disabled veterans, So let’s include the 20 million people Mr. ALEXANDER. Mr. President, let and thousands of unemployed who who are senior citizens, many of whom us remember that the stimulus pack- don’t get a dime in the House bill. live near poverty trying to stretch age we are considering is a plan agreed Now, some decided they wanted to their reasonable income—in many to by the Democratic Speaker of the label this bill a Christmas tree. It is al- cases a very small income—through House, the Republican leader of the ways what you do if you don’t like the the month to pay for both food and House, the President of the United provisions in something. Anyone who medicine. Let’s include senior citizens, States, and about 400 Members of the thinks it is Christmas morning in these let’s include veterans who are being House. It is one that is timely, tar- households is sadly mistaken. paid veterans disability, who otherwise geted, and temporary which will help would not be included. The Reid amendment is inclusive and people keep more of their own money And let’s do what we have always sends money to individuals who will and help small businesses to have more done during economic downturns: Let’s spend it. In a stimulus package, you extend unemployment benefits. That is money to create jobs. stimulate the economy, and in times of What began as a package to stimu- the economic stabilizer we have always recession you help those who have been late the economy in the House of Rep- used. Let’s do the right thing and vote hardest hit by the recession. It is resentatives has become an excuse for for the finance bill and move it into smart and it is right. conference. Let’s do that now. spending money in the Senate. That is The Finance Committee package pro- This is not a tough vote. We know why I hope we will reject the Senate vides extended unemployment benefits what the right thing is. Finance Committee proposal. It is too for those who are looking for jobs in a I yield the floor. expensive, spends too much money, and sluggish economy. Thousands of Ohio- The PRESIDING OFFICER. The Sen- it doesn’t stimulate. The goal should ans lost their jobs not because they ator from Minnesota. be to move quickly, to show the Amer- wanted to, but they have lost their jobs Ms. KLOBUCHAR. Mr. President, for ican people we can act in a bipartisan and they are looking for some help as 8 years, I served as the chief prosecutor way and get a good result that is to they try to return to the workforce. for Minnesota’s largest county, and we their benefit. The Finance Committee Economists have confirmed that is the had something we said when we were proposal does not do that. most potent strategy for stimulating working on white-collar cases. We said: I spoke with Senator MCCONNELL, the economy. You put money into the Follow the money. Follow the money. who suggests we simply amend the economy to stimulate the economy, Is it going where it is needed? That is House bill by adding the seniors and you particularly put money into the what I ask today. I would say with the the disabled veterans and send it back, pockets of those who will spend it—dis- Senate finance package it is. send it to the President, and show the abled veterans, senior citizens, and un- I hope that as Congress works on this American people we can move prompt- employed workers who need extended package, we will work to redirect the ly to give a boost to the economy. benefits. It makes sense and it is the money to new priorities for America. I thank the Chair, and I yield the right thing to do. At the same time, the urgent need for floor. I thank the Chair. America to get our economy moving Mr. KENNEDY. Mr. President, I com- The PRESIDING OFFICER. The Sen- forward again is deep and it is long. I mend Senator REID and Senator BAU- ator from North Dakota. saw it last month, when I was touring CUS for their leadership in getting Mr. DORGAN. Mr. President, we are around our State, visiting 47 counties, stimulus legislation to the floor so required from time to time to make visiting solar panel factories down in quickly. It is not a moment too soon. tough votes in the Senate, but this southern Minnesota, up at a turkey In recent weeks, the many warning isn’t one of them. This is not a tough processing plant, and I can tell you signs of a troubled economy have vote. The question is, Shall we try to people want to move forward with this turned into loud alarm bells that we stimulate the economy? The answer, economy, but they feel our Govern- cannot ignore. clearly, is yes. I think most people feel ment has not been supporting them. Last week’s worrisome GDP figures we should do that. That is why we put together the Senate show that economic growth has ground So then, if we are going to give a re- stimulus package, which is targeted, to a near halt. Savings are plum- bate, some kind of rebate to people who which is temporary, and which is going meting. Debt is rising. The Fed has cut should get the rebate, perhaps we to be timely. short-term interest rates more rapidly

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.082 S06FEPT1 smartinez on PRODPC61 with SENATE S720 CONGRESSIONAL RECORD — SENATE February 6, 2008 than at any time in its history. For the There are nearly two unemployed make ends meet, and families across first time in years, we are losing more workers for every job opening across the country are feeling the painful jobs than we are producing. It is clear the country. squeeze. that we are facing an economic crisis Because it is becoming much harder In the face of these economic pres- that will present enormous challenges to find a job, many more families are sures, workers are struggling to keep in the months and years ahead. finding that our unemployment insur- their families warm. The winter has This crisis will affect every man, ance system doesn’t provide enough been bitterly cold in many parts of the woman, and child in our country, but it support. Across the country, 37 percent country, and the cost of heating oil is will be particularly hard on the mil- of workers are running out of benefits rising so rapidly that it is impossible lions of families who are already strug- before finding a job, and more will fol- to keep up. Since last year alone, the gling who are having trouble finding low as the recession deepens. Mr. Presi- price of a gallon of heating oil has in- work, heating their homes, and paying dent, 2.6 million people ran out of bene- creased by more than 40 percent. A typ- the mortgage. For these families, a re- fits in the year ending in October of ical household may have to spend $3,000 cession isn’t just part of the business 2007 that is far more than before the or more on heating oil this winter. cycle—it’s a life-altering event from last recession. Our Senate HELP Committee held a which they may never recover. These shocking numbers represent field hearing on fuel assistance in Bos- Already far too many families are on real hardship for millions of hard- ton last month. One of our witnesses the brink. Unemployment has sky- working people across the country. It was Margaret Gilliam, a senior citizen rocketed more than 7.6 million Ameri- is all too easy for a job loss to turn taking care of her grandchildren in cans are looking for work but can’t into a financial crisis, and many fami- Dorchester. She has already spent find a job. Foreclosures are rising lies never fully recover. In the last re- $4,000 on heating oil this winter, which 200,000 families each month are at risk cession we saw the real impact of un- is nearly as much as she spent all last of losing their homes. Bankruptcies employment on working families par- year, and there are still 6 or more soared by 40 percent last year, and ex- ents cutting back on spending for their weeks of winter to go. perts predict they will rise even faster children, or even pulling older children She told us that she tries to make in 2008. out of college to cut back on expenses. each Social Security check stretch by Our actions today are vital for the We saw teenagers who should be in asking her fuel company to deliver just entire economy, but they are most school forced to take jobs to help sup- 50 gallons at a time, because she can’t critical for these struggling families. port their families. afford to pay to fill her tank. Most Our decisions will help determine To prevent this downward spiral, we often, heating oil companies will not whether they keep their homes, wheth- must act immediately to shore up the deliver less than 100 gallons. er their teenagers stay in college, and safety net for families struggling to Even for those fortunate enough to whether their children go to bed hun- find work. These workers have paid have fuel assistance under LIHEAP, gry. into the system for years. It is wrong the benefits will cover less than a third The current recession is a major to abandon them when they need our of these costs. Most households won’t turning point for our country. We have help the most. get any help at all—of the 35 million to choose a path out of this crisis, and The Senate bill is a major step for- households eligible for fuel assistance the path we choose will determine the ward. By extending unemployment nationwide, fewer than 6 million re- kind of America we will be for years to benefits for up to 13 weeks, and pro- ceive these benefits. come. Do we choose to help some, or do viding as much as 13 additional weeks The high cost of basic essentials we choose to help all? Do we choose a of benefits in high-unemployment forces families to make impossible path of shared prosperity, or a path States, we provide an immediate boost choices between paying for fuel, paying that leaves countless hardworking fam- for our economy. And, at the same for groceries, paying for health care, or ilies behind? time, we help working families weather paying their mortgage. If parents These are questions of basic fairness, the storm. choose to keep their children warm and and the American people understand Economists agree that extending un- fed, they risk losing their home. The fairness. They don’t want to see their employment benefits is a powerful, lack of even a small amount of assist- friends and neighbors who are strug- cost-effective way to stimulate the ance—just an extra 100 or 200 gallons of gling get left behind. They want us to economy. Every dollar invested in ben- fuel oil—can mean the difference be- do what is right for all. efits to out-of-work Americans leads to tween security and homelessness. Today we have the opportunity to a $1.64 increase in growth. That com- There are simple steps we can take to take a few basic steps forward to dem- pares with only pennies on the dollar end this ‘‘perfect storm.’’ One of the onstrate our commitment to a fair for cuts in income tax rates or cuts in most important is the provision in the economy. taxes on investments. Senate bill providing additional home First, we have to tackle unemploy- I hope that all of my colleagues will heating assistance for families strug- ment. It is clear that no matter what join me in supporting an extension of gling to stay warm this winter. Mr. we do to boost economic activity, we unemployment insurance benefits. It’s President, $1 billion in additional will continue to have a significant un- an essential solution that will LIHEAP funding will help 2.8 million employment problem for at least the jumpstart our economy and help fami- families pay their heating costs and next 2 years. Goldman Sachs predicts lies in crisis get back on track. make it through the winter. Helping that the national unemployment rate Unfortunately, jobless families are families meet this basic need is also will rise to 6.5 percent by the end of not the only ones facing tough times. one of the quickest ways to jumpstart 2009. Many States around the country Millions of families today are facing a the economy. An increase in LIHEAP are already struggling with high unem- ‘‘perfect storm’’ of high costs and low benefits takes as little as 2 weeks to ployment. Michigan’s unemployment wages. Every bill that comes in the get to the pockets of working families. rate is 7.6 percent. South Carolina’s is mail just adds to the flood, until every- This year, we provided a significant 6.6 percent. Ohio just hit the 6 percent one ends up completely overwhelmed. increase for LIHEAP. But it is far from mark as well. Working families are being swamped enough and we still have a long way to Workers who lose their jobs are hav- by the extraordinary increase in the go to get to the program’s authorized ing much more trouble finding work cost of living. On President Bush’s level of $5.1 billion. now than before the last recession. watch, the price of gas is up 73 percent. It has been said that some people Today, 18 percent of workers have been Health insurance costs are up 38 per- know the price of everything but the looking for a job for more than 26 cent. College tuition costs are up 43 value of nothing. How else can you ex- weeks, compared to only 11 percent in percent. Housing costs are up 39 per- plain the administration’s latest budg- 2001. This problem is affecting workers cent. Yet in the face of these sky- et request which cuts the program by across the economic spectrum even rocketing costs, employees’ wages have 22 percent? those with college educations and been virtually stagnant, rising only 5 LIHEAP represents a tiny fraction of years of experience can’t find work. percent. Family budgets can no longer 1 percent of the entire Federal budget.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.084 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S721 Yet it does so much for those most in I hope that each and every one of my am pleased this economic stimulus need. colleagues will listen to their con- plan includes two tax provisions which Programs like LIHEAP are the best science, do the right thing, and support Senator SNOWE, who serves as the economic stimulus money can buy. But the kind of stimulus that will help all ranking member of the Committee, and even if they werem not, we would still Americans achieve better days ahead. I believe will help small businesses. have an obligation to support them— Mr. KERRY. Mr. President, first I The first provision doubles the amount simply because it is the right thing to would like to thank Senate Finance of business purchases that a small busi- do. Committee Chairman BAUCUS and ness can write-off from $125,000 to Finally, there is widespread agree- Ranking Member GRASSLEY for their $250,000 for 2008. This will provide an ment that we need to put money into prompt action in developing this eco- incentive for small businesses to pur- workers’ pockets to encourage con- nomic stimulus package. Last week, chase more equipment and expand sumer spending that will boost our de- the House passed an economic stimulus their business. clining economy. The Senate bill in- package. Although it was not perfect, The second provision expands the cludes a tax rebate to do just that. it did provide us with a solid founda- carryback period for net operating In order to create an effective stim- tion from which to build a comprehen- losses, NOLs, from 2 to 5 years. This ulus, any tax cut must be designed to sive bill in the Senate. I believe the Fi- targeted provision will help businesses give the money to those who are most nance Committee proposal that is be- address losses. By allowing NOLs to be likely to spend it immediately—middle fore us today makes a number of cru- carried back for a longer period of and low income families who are cial improvements to the House time, business owners will be able to strapped for cash because of these dra- version. For that reason, I urge my col- balance out net losses over years when matically higher costs. leagues to vote to invoke cloture on the business has a net operating gain, These families are the ones who need the Finance Committee economic stim- helping small businesses with their the help the most, and the dollars they ulus package. cash flow. Any action we take to foster receive from a one-time tax cut will be The Finance Committee package was their growth benefits our economy as a quickly spent. The money will be used designed in a bipartisan manner to im- whole. to buy things they need but currently prove upon the House bill, not to add At the Real Estate Roundtable ear- cannot afford. In contrast, wealthier ‘‘pet projects’’ or so-called ‘‘goodies.’’ lier last week, Treasury Secretary taxpayers already have the money to Our goal is not to delay the passage of Paulson said, ‘‘the U.S. economy is un- purchase what they need. A tax rebate an economic stimulus bill, but to pro- dergoing a significant housing correc- for them is much more likely to be de- vide a package that will provide a gen- tion. That, combined with high energy posited in their saving accounts than uine stimulus that is targeted to Amer- prices and capital market turmoil spent. Unless the tax cut is spent, there icans who need our help the most. Ac- caused economic growth to slow rather will be no increase in economic activ- cording to the Center on Budget and markedly at the end of 2007, as re- ity generated. Policy Priorities, the Senate package flected in the gross domestic product That is precisely what the rebate would not delay, but accelerate the de- proposal in the Senate bill will do— numbers.’’ The GDP fell from 4.9 per- livery of a stimulus. cent in the third quarter of 2007 to only provide direct assistance to the mil- The Finance Committee makes im- 0.6 percent in the last quarter. lions of working families who are feel- provements in the following areas: A strong economic stimulus package ing the squeeze of this economic down- structure of the rebate; business tax in- needs to address the root of the prob- turn the most. They work the hardest, centives; housing; unemployment in- lem—the housing crisis. The unex- and they deserve our help. They are surance; and funding for LIHEAP. Low- pected losses on subprime mortgages also the ones who will spend the money income families should not receive a and the breadth of the exposure has most quickly, for necessities they oth- smaller rebate just because they do not created uncertainty in the economy. erwise couldn’t afford. have taxable income. These families Homeowners facing higher interest The Senate package also includes need our help and economists that tes- rates on the subprime adjustable-rate needed relief for seniors and disabled tified before the Committee have mortgages, ARMs, and lower housing veterans. Both of these populations pointed out the potential for this in- live on fixed incomes. Rising prices vestment to truly aid in kick-starting prices are having trouble refinancing. means a choice between buying food or the economy. The Finance Committee Approximately 1.7 million subprime needed medication. These Americans will provide a $500 rebate to all eligible ARMs worth $367 billion are expected have sacrificed so much and worked so singles and $1,000 to married couples. to reset during 2008 and 2009. hard to build up our country, and they The Senate Finance rebate is struc- Owning your own home is the founda- deserve our best efforts to help them tured in a manner which will allow sen- tion of the American dream. Home weather the storm. ior citizens receiving Social Security ownership encourages personal respon- In all of these respects, the Senate benefits without taxable income to be sibility, provides financial security, bill makes major improvements over eligible for the rebate. Senior citizens and gives families a stake in their the measure passed in the House of are facing the same increases in food neighborhoods. According to the Mort- Representatives. It is fairer, and it pro- and energy prices as are other Ameri- gage Bankers Association’s National duces a greater stimulus effect by pay- cans and cannot be left out of the pack- Delinquency Survey, there were rough- ing low and moderate income workers age. Many seniors in Massachusetts ly 2.5 million mortgages in default in the same size tax rebate that more af- live on fixed incomes. They struggle to the third quarter of 2007—an increase fluent taxpayers would receive. It also pay their medical and heating bills. of about 40 percent when compared to extends the tax rebate to include 20 Unfortunately, 20 million seniors the same quarter in 2005. million retirees struggling to make were left out of the tax rebate in the A few weeks ago, I held a roundtable ends meet. The Senate bill will provide House-passed stimulus bill. When we discussion on the economy in Massa- 14 billion more dollars in tax cuts to are contemplating distributing stim- chusetts. Jim Harrington, the Mayor of households with incomes below $40,000. ulus checks broadly across most Amer- Brockton, MA, told me that his city That is the best way to get the Amer- ican families, it would just be wrong had 400 foreclosures last year and ex- ican economy moving again. not to include 20 million seniors of the pects 400 more this year. In the City of There is no question that every fam- Greatest Generation. Boston, there were 703 foreclosures in ily in America is struggling in today’s Not only does the House passed eco- 2007 after just 261 in 2006. The dramatic economy, and that they face difficult nomic bill exclude seniors from re- increase in foreclosures in cities across times ahead. But today we have a bates, it excludes 250,000 disabled vet- the nation are lowering revenues and choice about how to move forward. Do erans who do not file a tax return. making it more difficult for them to we do what it easy, or do we do what is There is no valid reason to leave out respond to the housing crisis. right? Do we go part way or do we do those who were wounded while serving The Finance Committee amendment what it takes to add dignity to the their country. includes a provision to provide $10 bil- lives of all of America’s working fami- As Chairman of the Committee on lion for mortgage revenue bonds. This lies? Small Business and Entrepreneurship, I provision is based on a bill introduced

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.085 S06FEPT1 smartinez on PRODPC61 with SENATE S722 CONGRESSIONAL RECORD — SENATE February 6, 2008 by Senator SMITH and myself. It passed need for families to choose between mittee. They were contributions by in the Finance Committee by a 20–1 food and energy costs—a choice no members on each side. We improved vote. It is also important to note that family should ever face. the business stimulus provisions as President Bush, during his State of the Home heating prices in Massachu- well. Union Address, asked the Congress to setts are 44 percent higher today than Our goal was a bipartisan economic provide additional authority for mort- they were just 1 year ago, and thou- stimulus package. The committee gage revenue bonds and included a sands of families will have difficulties worked its will and improved the bill. similar provision in the budget for fis- paying their heating bills this winter. The committee bill responded to the cal year 2009. Massachusetts families will be able to needs of Americans and business and, if Specifically, this provision would benefit by approximately $22 million enacted, would provide a very much provide $10 billion of tax-exempt pri- from this proposed increase in LIHEAP needed boost for the economy. vate activity bonds to be used to refi- funding. The best proof of this point is the nance subprime loans, provide mort- Mr. President, once again, I would concession by opponents of the Finance gages for first time homebuyers and for like to thank Chairman BAUCUS for his Committee bill that the House bill multifamily rental housing. This provi- efforts in developing this important must be changed on the structure of sion will help families retain affordable stimulus package. I ask all my col- the rebate. housing. The housing crisis also affects leagues to support this amendment so Before you vote, I ask Members to go rental housing because many families that more seniors, small businesses, back to the basic question of balancing who lose their homes will move into homeowners, and hard working fami- quick action on the House bill versus rental housing. lies struggling to make ends meet can improvements made by the Finance With the additional mortgage rev- get the assistance they deserve. Committee. enue bond authority, States and local Mr. GRASSLEY. Mr. President, we The House bill could be passed quick- governments could rapidly escalate de- have come down to the crucial vote on ly without improvements. Or we could mand for housing and stimulate the whether we are going to greatly im- finish the process here in the Senate economy by increasing the flow of safe, prove the House stimulus bill. In a few and add the improvements made by the non-predatory mortgage loans. In 2006, minutes, all Senators will have to un- Finance Committee. State and local governments financed dergo that balancing exercise I referred If cloture is achieved on the Finance 120,000 new home loans with MRBs. to last week. Committee amendment, then we will With the additional $10 billion in fund- On one hand, you have the legitimate have a different challenge. ing, States and localities can match concerns on the part of the House, We must not load up this stimulus that amount and finance approxi- White House, and Senate Republican. package else further or it is likely to mately 80,000 more home loans. Leadership. That concern is that a sink. Our leaders are right that we According to the National Associa- wide open Senate process would slow need to act quickly. tion of Home Builders, every mortgage down and complicate a straightforward Mr. REID. Mr. President, I suggest revenue bond new home loan produces House bill. Those who hold this view the absence of a quorum. nearly two, full-time jobs, $75,000 in ad- correctly point out that the House bill The PRESIDING OFFICER. The ditional wages and salaries and $41,000 was the product of tough negotiations. clerk will call the roll. in new Federal, State and local reve- The White House and House Repub- The bill clerk proceeded to call the nues. Also, each new home loan results licans made concessions in that nego- roll. in an average of $3,700 in new spending tiation. Likewise, House Democrats Mr. MCCONNELL. Mr. President, I on appliances, furnishings, and prop- made concessions in that negotiation. ask unanimous consent that the order erty alterations. Supporters of the House bill emphasize for the quorum call be rescinded. Separate from mortgage revenue the need for speedy action to send the The PRESIDING OFFICER. Without bonds, the Finance Committee extends signal to workers, investors, and busi- objection, it is so ordered. unemployment benefits by thirteen ness people that the Federal Govern- Mr. MCCONNELL. Mr. President, in a weeks through the end of 2008. In De- ment is responding to the slowing few moments we are going to have an cember alone, the national unemploy- economy. extremely important vote. Nineteen ment rate shot up from 4.7 percent to 5 On the other hand, are concerns days ago, the President first proposed percent and half a million more work- about the substance of the House bill an economic stimulus package and im- ers joined the ranks of the employed. and a truncated process that limits the plored the Congress to act. It was im- Labor statistics released last week role of the Senate. pressive to see the Democratic Speaker show the labor market is faltering. In It comes down to this, Mr. President. of the House, the Republican leader of the past month, our economy lost The leaders’ concern with timing must the House, and the Secretary of the 17,000 jobs. We need to extend unem- be weighed against the question of the Treasury of the Bush administration ployment benefits now. When it takes quality of the House bill. In other all together having worked out an im- longer to find a job, current unemploy- words, is a take-it or leave-it House portant stimulus package that we be- ment benefits are not adequate. bill, which passes quickly, better than lieve will help our economy. Extending unemployment benefits is a Senate bill which allows the Senate Then in an apparent jolt of nostalgia one of the most effective ways to stim- to work its will. from last year, Senate Democrats de- ulate the economy. Families struggling I have laid out the leaders’ concerns cided to co-op a bipartisan proposal to make ends meet after losing their about timing. Now, we question of the produced by the House, to put together paycheck will spend the benefits quick- adequacy of the House bill. That is the a carefully crafted political document ly. Every dollar spent on benefits leads other side of the balance we need to coming out of the Finance Committee. to $1.64 in economic growth. In addi- strike. It may be a good proposal in some re- tion, unemployment benefits will reach Let’s examine this side of the ques- spects. I am sure it contains a lot of workers about two months before re- tion. Asked another way, did the com- what is appealing to Members. But the bate checks start to be delivered. mittee process improve the House bill point here was to try to do a targeted, Finally, the Finance Committee with a Senate amendment? temporary jolt to our economy, and to package has been modified to include I think everyone would have to an- try to astonish the American people by an additional $1 billion for the Low-In- swer yes. That is, the Finance Com- doing it on a bipartisan basis, rapidly. come Home Energy Assistance Pro- mittee amendment is an improvement This package will not achieve that gram—one of the most effective pro- over the House bill. Twenty million result. There is an opportunity, how- grams to help low-income Americans seniors will get the checks. Over 200,000 ever, to do that. First, we must defeat struggling with rising energy costs. Ac- disabled veterans will get the checks. the Reid proposal, and then there will cording to economist Mark Zandi, an Illegal immigrants will not be entitled be an opportunity to adjust the House increase in LIHEAP funding should be to checks. These improvements to the proposal in a way that is acceptable to part of a stimulus bill. Increased rebate structure were the direct result the Speaker of the House, the Repub- LIHEAP funding will eliminate the of deliberations in the Finance Com- lican leader of the House, and the

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.087 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S723 President of the United States, thereby from the Middle East 2 weeks ago to- evolving and evolving and evolving. We achieving an early signature. morrow. I had a conversation with him will have a chance to fix this problem. So I will offer, along with Senator on the telephone, with the Speaker, The first opportunity would be the STEVENS, after the Reid proposal does and a number of other people. amendment that Senator STEVENS and not achieve cloture, an amendment to At that time, the decision was made I intend to offer. Therefore, I object. the House-passed bill that will deal that the President would hold off on The PRESIDING OFFICER. Objec- with Social Security, with veterans, any statement he would make on speci- tion is heard. and with the immigration problem. ficity on Friday following that Thurs- Mr. REID. That is somewhat unusual. And with regard to the veterans piece day, and that we should sit down and It appears the changes as have been of it, one of the deficiencies of the Fi- see what we could work out with his suggested by my friend—I wanted to be nance Committee or Reid proposal is Secretary of the Treasury. cooperative and say that is a good idea. that it does not cover the widows of We did that. A decision was made, as You can flip open any newspaper, veterans. That omission will be cor- I have said on this floor on a number of tune in to any news program, tune in rected in the proposal I will offer. occasions. This decision was made be- to any radio show, and you are bound So if we want to provide this stimu- cause of the House rules compared to to hear from professors, economists, lative effect for the widows of veterans, the Senate rules, that this would be a analysts, and pundits debating about a way to do that, and the way to do it bill that would come from the House. the state of our economy. It used to be in a proposal that will be signed by the That bill has come from the House. I a lot of them were asking: Are we in a President of the United States, ap- have never in any way disparaged it. recession now? Not too many are ask- proved by the House of Representatives But it is not something that does not ing that now. They believe we are in a on an overwhelmingly bipartisan basis, need fixing. That was the whole pur- recession. But they do ask continually is to approve the McConnell-Stevens pose of the House working on it and how deep will it be; how long will it amendment. then we are working on it. So any inti- last. Now, let me say, Senator STEVENS mation by my friend, the Republican Those questions are valid and appro- and I don’t have any pride of author- leader, that whatever the House came priate. But they are asked by those ship. If it will help us get this job done, up with we would just put a big stamp who spend their lives thinking about if it will help us get this job done, we of approval on it does not speak well to the economy, not by those who spend can call it the Reid-Obama-Clinton the history of this body. their lives working in the economy or proposal as far as I am concerned. The We have an obligation to do what we building the economy, to those Ameri- goal is not so much to claim credit as think is best to stimulate the econ- cans working harder than ever who end it is to astonish the American people omy. We have done that. What we have up with less. and do something on a bipartisan basis done is not a political document. It is There is no doubt the state of the and do it quickly—do it quickly. a piece of legislation. Now, from what economy is not good. Millions of work- People will be astonished, and we I have heard from my friend, it appears ing families are trying to make their think the markets and others around that they would agree, by unanimous paycheck stretch until the next pay- the world will watch in amazement to consent, the bill that is now the House check, as their gasoline, heating, and see that, on a bipartisan basis, the U.S. bill—what I understand they would be grocery bills skyrocket, of course, Government can do something effec- willing to add to that is language that medical bills are never able to be paid. tive and fast. So I would be more than would prevent undocumenteds from They know how our economy strug- happy to change the name of the drawing the benefits of those rebates. gles. Millions of senior citizens are liv- amendment if that would make it more They would also be willing to accept ing on incomes that are fixed but face palatable. senior citizens as listed in the Senate living costs that are anything but We have no particular pride of au- Finance bill, 21.5 million of them; fixed. They know how our economy thorship. This whole path we are going wounded veterans, 250,000 of them; and struggles. Small business owners are down started out on a bipartisan basis; the widows of those veterans. facing rising health care costs for their I was hoping we would end it on a bi- It sounds good to me. I would be employees and greater difficulty find- partisan basis. As far as the credit part happy, and I ask unanimous consent at ing capital to grow. They know how of it is concerned, we can all take cred- this stage. Are they willing to accept our economy struggles. it, we can go upstairs to the gallery to- that, to add that to the package that Millions of homeowners are in fore- gether, Senator REID and I, side by we now have? That is, add the widows close or face it soon; 37 million people. side, and say: We came together. We to the package that is now before the In California, foreclosure rates have did something for the American people. body? I agree we can add widows. I ask gone up more than 300 percent; Florida, The House can simply take this up— unanimous consent that that be the 250 percent. We could go through a long we know; the majority leader of the case. list of problems. But they are difficult. House said today, he implored us, the The PRESIDING OFFICER. Is there The housing market is in big trouble as majority leader, not to load up this bill objection? these people watch their dreams and with too many extras that would im- Mr. MCCONNELL. Would the major- their security come crashing down. peril the bill. ity leader restate his unanimous con- They, too, know how our economy He was referring, of course, to the sent request? struggles. It affects everyone. package upon which we will be having Mr. REID. The Senate Finance pack- I did a TV show down here with the a cloture vote shortly. So the way for- age that is now before the Senate, I ask mayor of the city of Fernley, NV. ward is clear. Let’s defeat the proposal unanimous consent that we add to that Mayor, how is the economy? that we know will not be accepted by widows of the veterans. He said: It is tough. the House, we know will not be signed Mr. MCCONNELL. Mr. President, re- They just had a levee break and a Bu- by the President. Let’s modify the serving the right to object, this is what reau of Reclamation project has been House bill—we can call it the Reid- has been going on all week: adjust- there for a long time. You know, the Clinton-Obama bill as far as I am con- ments to the package in order to play water came and covered homes for 2 cerned—and get it back over to the political games. miles. Some of it was 8 feet deep. With House. We have their assurance they Now, with all due respect to my the state of the housing market so bad, will take it up, pass it, and send it to friend, the majority leader, we are a lot of people are saying: I don’t think the President for his signature. But going to have an opportunity to fix it is going to do any good to rebuild my first we must defeat the Reid-Finance this problem on the widows of veterans home. I don’t think I can borrow the Committee package. at a later date. money to fix it up or I can’t make the I yield the floor. We do not have to fix it on this first payments. The PRESIDING OFFICER. The ma- vote. How many different times do It is fair to say that President Bush jority leader. they want to change it? They origi- will not be remembered as a good stew- Mr. REID. Mr. President, the Presi- nally told us they were going to give us ard of our economy. When he took of- dent of the United States returned the paper last Thursday night. It kept fice, there was a surplus over the next

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.088 S06FEPT1 smartinez on PRODPC61 with SENATE S724 CONGRESSIONAL RECORD — SENATE February 6, 2008 10 years of some $7 trillion. As Senator . . . and allow state housing agents to Builders Association, National Council CONRAD mentioned at a presentation issue tax-free bonds to help homeowners refi- on Aging, union groups, Veterans of earlier today, in his 7 years, he has run nance their mortgages. (Applause.) Foreign Wars, Paralyzed Veterans of up the debt. That is gone. The surplus We stood and applauded when he said America, Easter Seals, and on and on. is gone. He has run up the debt by more this. That was the right thing for him There is lots of support from lots of dif- than $3 trillion. We have now spent to say. It is the right thing for us to do. ferent organizations, scores of them. I about $750 billion in Iraq. Every penny That is what we have in our Senate Fi- have only hit a few of them. of it has been borrowed. But even this nance package, something the Presi- The Republican leader and members President understands the urgent need dent called for in his State of the of his caucus should have come to the for action, and we need to do that. Union Message. Why should we be criti- Senate floor to congratulate Senators To his credit, President Bush called cized for trying to improve the House BAUCUS and GRASSLEY, as these groups on Congress to pass an economic stim- plan because the President asked for it did. After this was done, these groups ulus plan. House leaders, Democrats and we agree with what the President made hundreds and thousands of phone and Republicans, working with the asked for? calls to thank the Finance Committee White House, came together to craft a The bipartisan Finance Committee for doing this. It was the right thing to bill that serves certainly as a good package includes an extension of en- do. This is not a partisan measure, and starting point. That was always what ergy efficiency and renewable energy that is why these groups—many of it was supposed to be. But notably the incentives to create jobs, lower energy these groups traditionally don’t sup- House plan sends rebate checks out to bills, and help begin to stem the tide of port Democrats—like this. It is bipar- the American people some time in global warming. tisan. probably May or maybe even June. The Arizona Republic Newspaper, a I am happy that a majority—and we They can’t do anything with the rebate newspaper not known for being left- will find out if there are 60—of this checks until the income tax returns wing, said in an editorial recently: The Senate approves of this package, a sig- are filed. Americans will use that economic stimulus package from Con- nificant majority. We hope we will get money to pay their bills, to buy books gress needs some power, renewable 60, 61 votes. Time will tell. But the and clothing for their children, or per- power. The plan should include an ex- RECORD should reflect that a majority haps to make a long overdue repair of tension of tax credits for renewable en- of the Senate, Democrats and Repub- homes or cars or pay a doctor bill. ergy sources such as wind, solar, geo- licans, supports this bipartisan meas- Democrats, Republicans, we all agree, thermal. We get a 3-for-1 impact: cre- ure we got from the Senate. And it is if we give the American people the ating jobs, diversifying our energy sup- interesting to note that as to this per- money, they will spend it. ply, and reducing pollution. These fect plan we got from the House, the Last week the House sent the bill aren’t new tax credits. They are exist- Republican leader said he would like to over here. In the Finance Committee, ing ones that are serving us well. Last change it. So the House plan obviously Chairman BAUCUS and Senator GRASS- year nearly 6,000 megawatts of renew- needs to be improved. It needs to be LEY put their heads together, one Dem- able energy came on line. That injected improved because of language dealing ocrat and one Republican, and made a $20 billion into the economy. That is with undocumented people. It needs to good bill far stronger. what we have in this legislation. It is be improved because of seniors and vet- Here are some of the things they did good legislation. It is important legis- erans, which the Republicans admit. that we are going to be voting on in a lation. The House plan couldn’t have been that little while. Through bipartisanship, The amendment I have submitted great if they accept those changes. this Finance Committee package sends adds two bipartisan measures to the This is a good piece of legislation. stimulus checks to 21.5 million senior committee’s bill. One is an amendment That is why I am happy and satisfied citizens who would get nothing from to increase loan limits for Fannie Mae that a majority of the Senate approves the House bill. The bipartisan Finance and Freddie Mac as well as FHA- what the Senate Finance Committee Committee package sends checks to backed mortgages which will help more did. Secretary Paulson, whom I have 250,000 wounded, disabled veterans who homeowners refinance and reduce enjoyed working with, said this morn- were left out of the House plan, vet- mortgage interest rates. The other pro- ing that the Senate Finance Com- erans unable to work because of the vides funds for the Low-Income Home mittee bill is ‘‘coming to the trough.’’ sacrifice they made for our country. Energy Assistance Program, LIHEAP. My friend the Republican leader said The bipartisan Finance Committee These funds will help low-income fami- these are pet projects. The majority of package extends unemployment bene- lies—and there are lots of them—afford the Senate, Democrats and Repub- fits for those whose jobs have fallen their heating bills which are sky- licans, disagrees with that. They do victim to this economy which is on rocketing even as big oil reports record not think that seniors and veterans are this down spin. profits. Shouldn’t we do this? Last pet projects. And if they are pet The Department of Labor recently quarter Exxon made more money than projects, I plead guilty, because they told us that the economy lost thou- any company in the history of the are my pet projects. Seniors are my pet sands of jobs in January, on top of the world. They had a net profit of over $40 project. Veterans are my pet project. millions who are already unemployed. billion in one quarter. This effort to I have not served in the U.S. mili- The House bill doesn’t extend unem- get individuals and companies invest- tary. But during my entire career as a ployment benefits, and economists tell ing in renewable energy is important. Member of Congress, I have bent over us that is one of the most effective That is what is in this bill. We should backward because of the sacrifices ways to stimulate the economy. not be criticized for this. made by people such as DAN INOUYE The bipartisan Finance Committee What the bipartisan Finance Com- and CHUCK HAGEL and many others in plan helps both small and large busi- mittee accomplished, they took a good this body and around the country. I do nesses. Small businesses will have a plan and made one much better—better everything I can to have veterans as greater ability to immediately write for seniors, for veterans, for working my pet project. And they are. And the off purchases of machinery and equip- families, for business, for our economy. vast majority of the Senate agrees ment, and large business will receive They did it in a bipartisan manner. with that. bonus depreciation, an extended This isn’t a Democratic package. It is a So I think Secretary Paulson should carryback period for past losses to re- bipartisan package. They did it quick- retract what he said. This is not com- coup cash for future investments. The ly. They did exactly what the Senate is ing to the trough. We are coming to bipartisan Finance Committee package supposed to do. help people. We are coming to help vet- addresses the housing crisis by adding The stimulus plan before us tonight erans, seniors, people who are unem- $10 billion in mortgage revenue bonds is smart, targeted, and it is effective. ployed. Maybe my friend, the Secretary that can be used by States to refinance That is why it is supported by the of the Treasury, has never been unem- mortgages. The reason I focus on this AARP, Families USA, Alliance for Re- ployed. Maybe he thinks those checks is the President of the United States in tired Americans, National Association are not worth anything. We know the his State of the Union Message said: of Manufacturers, American Home Secretary of the Treasury is a very

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.090 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S725 wealthy man. People who are on unem- are going to wait until the time ex- Sununu Vitter Warner ployment benefits, without exception, pires. So I will ask that we have a Thune Voinovich Wicker are not wealthy. They are people who quorum call. There is just a minute or NOT VOTING—1 were depending on a check to come so left. McCain when payday came. Payday came, and I suggest the absence of a quorum. The PRESIDING OFFICER. On this they had no job. The unemployed are a The PRESIDING OFFICER. The vote, the yeas are 58, the nays are 41. pet project of mine. I would say that clerk will call the roll. Three-fifths of the Senators duly cho- the unemployed don’t have the advo- The legislative clerk proceeded to sen and sworn not having voted in the cates, the lobbyists that a lot of other call the roll. affirmative, the motion is rejected. groups have, but they are as important. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I enter a Is it a pet project to help businesses imous consent that the order for the motion to reconsider the vote by which weather the storm of this downturn? I quorum call be rescinded. cloture was not invoked on the amend- don’t think so. Is it a pet project to The PRESIDING OFFICER. Without ment. help people pay for their heating bills? objection, it is so ordered. The PRESIDING OFFICER. The mo- And if there is something negative CLOTURE MOTION tion to reconsider is entered. about that term, I plead guilty. Is it a Under the previous order, pursuant to Mr. REID. Mr. President, first, let me pet project to help families avoid fore- rule XXII, the Chair lays before the express my appreciation to everyone closure? If the answer is yes, we know Senate the pending cloture motion, who took my calls, who listened to that a majority of the Senate is in which the clerk will report. Democrats and Republicans asking favor of these pet projects. We know The legislative clerk read as follows: them to vote for this very important that a majority of the Senate supports CLOTURE MOTION stimulus package. It was a good de- these pet projects and will defend these We, the undersigned Senators, in accord- bate. The American people would have projects. ance with the provisions of rule XXII of the been better for having done this, but I I hope there are enough of my friends Standing Rules of the Senate, hereby move appreciate the bipartisan nature of this on the other side of the aisle who will to bring to a close debate on amendment No. vote. Fifty-nine Senators joined to- step forward and do the right thing and 3983 to H.R. 5140, the economic stimulus bill. gether to do what they thought was the support this bipartisan plan that will Herb Kohl, Max Baucus, Mark L. Pryor, right thing for the country. Byron L. Dorgan, Robert Menendez, help stimulate the economy. I will have before the evening is out, I am not naive enough not to know Jon Tester, Christopher J. Dodd, Bar- bara A. Mikulski, Joseph I. Lieberman, in fact shortly, a conversation with the that when this bill leaves here, what- Republican leader in the immediate fu- ever shape it is, it goes to a conference Frank R. Lautenberg, Daniel K. Akaka, Sheldon Whitehouse, Benjamin L. ture this evening to let him know what with the House. The President will be Cardin, Robert P. Casey, Jr., Richard I intend to do in the near future and heavily involved in that. It will have Durbin, Claire McCaskill, Harry Reid. not so near. So pending my conversa- the stamp of approval of the House and The PRESIDING OFFICER. By unan- tion with the Republican leader, I note the Senate. But pressure is building, imous consent, the mandatory quorum the absence of a quorum. and that is why a majority of the Sen- call is waived. The PRESIDING OFFICER (Ms. ate of the United States believes that The question is, Is it the sense of the CANTWELL). The clerk will call the roll. this Senate stimulus package is a good Senate that debate on amendment No. The legislative clerk proceeded to piece of legislation. We have already 3983, offered by the Senator from Ne- call the roll. established tonight, through the words vada, Mr. REID, to H.R. 5140, shall be Mr. DURBIN. I ask unanimous con- of the Republican leader, that the brought to a close? sent that the order for the quorum call House package is far from perfect, be- The yeas and nays are mandatory be rescinded. cause he has acknowledged that he under the rule. The PRESIDING OFFICER (Mr. wants to change that. If we stand to- The clerk will call the roll. CASEY). Without objection, it is so or- gether on this bill—and Senators BAU- The legislative clerk called the roll. dered. CUS and GRASSLEY have stood to- Mr. KYL. The following Senator is gether—we can achieve something necessarily absent: the Senator from f today that will make our economy Arizona (Mr. MCCAIN). stronger and make the American peo- The yeas and nays resulted—yeas 58, MORNING BUSINESS ple proud that we have not forgotten nays 41, as follows: Mr. DURBIN. I ask unanimous con- the unemployed, that we have not for- [Rollcall Vote No. 8 Leg.] sent that the Senate proceed to a pe- gotten the military folks who have YEAS—58 riod of morning business with Senators given so much, and the seniors. Akaka Durbin Murray I still often want to call my mother. permitted to speak for up to 10 minutes Baucus Feingold Nelson (FL) each. I used to call my mother every day. Bayh Feinstein Nelson (NE) The PRESIDING OFFICER. Without She was a Social Security recipient. I Biden Grassley Obama objection, it is so ordered. know I can’t call my mother, even Bingaman Harkin Pryor Boxer Inouye though I want to on many occasions. Reed Brown Johnson Rockefeller f But I do know that if she got this Byrd Kennedy Salazar Cantwell Kerry check like we are trying to give her Sanders Cardin Klobuchar RECOGNIZING EDWARD J. and others similarly situated, she Schumer Carper Kohl Smith MOLITOR, SR. would spend that money if she were Casey Landrieu alive. She would have that money Clinton Lautenberg Snowe Mr. DURBIN. Mr. President, Ed spent in a matter of a few days. So this Coleman Leahy Specter Molitor has been coaching basketball Collins Levin Stabenow at Palatine High School for so long is the right thing to do. Conrad Lieberman Tester The Senate should feel good that Dodd Lincoln Webb that when the local paper reported on right now a bipartisan group of Sen- Dole McCaskill Whitehouse his retirement, the sports trivia ques- ators, Democrats and Republicans, re- Domenici Menendez Wyden tion it ran included the name of his ported a bill out of the Senate Finance Dorgan Mikulski predecessor. Committee and, after having done so, a NAYS—41 When Ed Molitor was in college, he bipartisan group of Democratic Sen- Alexander Cornyn Isakson went to a playoff game between two ators and Republican Senators have Allard Craig Kyl Chicago high school basketball teams— joined together to say: Let’s give the Barrasso Crapo Lugar DuSable and DePaul Academy. He Bennett DeMint Martinez economy a boost. That is what this leg- Bond Ensign credits this game with altering the McConnell course of his life. islation will do. Brownback Enzi Murkowski Our time has expired, or it will in a Bunning Graham Reid At the time, Ed Molitor was a pre- minute or so. Burr Gregg Roberts med student at St. Procopius College. Chambliss Hagel Mr. President, as usual, we have peo- Sessions When he wasn’t consumed with his Coburn Hatch Shelby ple who want to get out of here and Cochran Hutchison studies, he helped a friend coach bas- Stevens people who want to stay here. So we Corker Inhofe ketball at an elementary school on the

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.091 S06FEPT1 smartinez on PRODPC61 with SENATE S726 CONGRESSIONAL RECORD — SENATE February 6, 2008 city’s south side. It wasn’t until he HONORING OUR ARMED FORCES of the School of Medicine, and by 1990 watched the two high school teams PRIVATE FIRST CLASS CHRISTOPHER F. PFEIFER she had become the first female Presi- dent of Loma Linda University. Five battle it out on the court, though, that Mr. NELSON of Nebraska. Mr. Presi- years later she assumed the position of he realized medicine wasn’t his real dent, I rise today to honor PFC Chris- CEO of Adventist Health System, passion. It was basketball. Molitor topher F. Pfeifer of Spalding, Ne- which soon became the Loma Linda transferred to Roosevelt University braska. University Adventist Health Science and shifted his focus to education. Private First Class Pfeifer grew up in After graduation, Molitor started as Center. In 1999, Dr. Behrens was chosen Spalding and, during high school, assistant coach of the DePaul Academy to serve as President of Loma Linda played football, as well as the drums in High School basketball team. As as- University Medical Center. Loma the school band. He enjoyed fishing, sistant coach, he worked under Coach Linda University and Medical Center hunting, golfing, and especially music Bill Gleason, who became both a men- has prospered under her leadership, and and playing his drums. His music tor and friend. Molitor went on to has become a preeminent institution teacher said he was one of the better coach basketball at Marist High School for patient care and medical tech- drum players she had ever seen. After on the southwest side of Chicago. nology. I have had the pleasure of vis- In 1976, Molitor became head coach of joining the Job Corps, he earned his iting Loma Linda University and have Palatine High School’s varsity basket- high school diploma, and met his fu- found Dr. Behrens to be an exemplary ball team. He stayed for more than ture wife, Karen. They married on model to her colleagues, capable of three decades. During his 32 years at March 22, 2006, and 1 month later, he bringing out the best in her associates. Palatine, Molitor coached more than joined the U.S. Army, partly influenced During Behrens’ tenure, Loma Linda 700 athletes. He left an indelible mark by his brother’s service as a Green University witnessed the development on the players, the school, and the Beret. His father said he loved the of a dedicated children’s hospital with community. No fewer than 16 of his Army and, after completing his mili- the most advanced equipment and former players have gone on to coach tary commitment, wanted to use the methodology. The university has also high school basketball, and 5 currently G.I. bill to go to college. witnessed the development of a center coach collegiate basketball. Private First Class Pfeifer was serv- for behavioral medicine, as well as a On December 28, 2007, Coach Molitor ing in support of Operation Enduring rehabilitation, orthopaedic and neuro- earned his 500th career victory. When Freedom, assigned to the 1st Squadron, sciences institute. The university has honored with the game ball at a 91st Cavalry Regiment, 173rd Airborne also added new schools of pharmacy postgame ceremony, Molitor admitted Brigade Combat Team, in Schweinfurt, and science and technology, and has that he hadn’t been aware he was ap- Germany. On August 17, 2007, his unit worked diligently to foster its inter- proaching this impressive milestone came under enemy fire near Kamu, Af- action with local research institutes to until he read about the achievement in ghanistan. Private First Class Pfeifer develop innovation in the use of global the newspaper. sustained wounds while bravely trying information systems to assist with Throughout his remarkable coaching to pull fellow soldiers to safety. He emergency medical response. The first career, Ed Molitor emphasized achieve- passed away on September 25, 2007, at hospital-based center for proton ther- ment off the court as much as on it. In Brooke Army Medical Center, Fort apy and research has also been devel- his own words, ‘‘you have to convince a Sam Houston, San Antonio, TX. Pri- oped under Behrens’ tenure, and has kid he’s got potential, not only in ath- vate First Class Pfeifer was post- become a leading institution in the letics, but in other walks of life.’’ humously awarded the Purple Heart. treatment of cancer. The university Coach Molitor emphasizes the mental Private First Class Pfeifer is survived has taken great strides to improve care elements of the game over the phys- by his wife Karen and their newborn and support for our Nation’s veterans ical, and this approach has brought daughter Peyton; his parents Michael at the Jerry L. Pettis Memorial VA him and his players success on the and Darlina Pfeifer of Spalding, NE; his Medical Center. court and in life. He has led teams to brother, Aaron of Fort Bragg, NC; and Dr. Behrens has also been a dynamic six conference championships, seven his sister Nichole, of Hauppauge, NY. I leader in her community, working to regional titles, and two sectional offer my most sincere condolences to ensure positive community service to championships. the family and friends of Private First her area and throughout the world. She I am happy to report that his peers Class Pfeifer. He made the ultimate has been instrumental in bringing to have recognized Ed Molitor’s skills. On and most courageous sacrifice for our fruition a great number of social and two occasions, he has been named Nation, and his daughter will grow up community services organizations and Coach of the Year by the Illinois Bas- knowing her father is a hero. I join all programs. Programs such as the Social ketball Coaches Association. In 1997, Americans in grieving the loss of this Action Community Health Services the association inducted Molitor into remarkable young man and know that Clinic, PossAbilities, Community Kids its Hall of Fame. Over the years, Coach Private First Class Pfeifer’s passion for Connection and Operation Jessica, Molitor has been selected to coach a serving, his leadership, and his selfless- have brought medical and social sup- number of regional, state, and national ness will remain a source of inspiration port to a broad group of individuals. teams. He also sits on the All-State Se- for us all. These organizations have assisted spe- lection Board. f cial needs and at-risk children and Ed Molitor has been a tremendous teens, and developed after-school pro- asset to Illinois high school basketball ADDITIONAL STATEMENTS grams and ESL—English Second Lan- throughout his coaching career, but his guage—programs. Dr. Behrens’ leader- greatest value has always been to his ship has also provided for increased players. Today, I join the current and HONORING B. LYN BEHRENS medical and community support inter- former members of Palatine High ∑ Mrs. BOXER. Mr. President, today I nationally, providing support in 12 na- School’s varsity basketball team in ask my colleagues to join me in hon- tions, including the only teaching hos- thanking Coach Molitor for his com- oring Dr. Lyn Behrens as she retires as pital in Kabul, Afghanistan, and the mitment to coaching and his passion president and CEO of Loma Linda Uni- most advanced hospital in mainland for helping student-athletes develop versity Adventist Health Sciences Cen- China. character, discipline, and persever- ter, drawing to a close a successful ca- As she retires from more than four ance—skills that will prove valuable reer in medicine and civic leadership. decades of service and leadership in even after the season has ended. After completing her degree in medi- medicine to the communities of Cali- Mr. President, I congratulate Coach cine from the Sydney University fornia and beyond, I am pleased to ask Ed Molitor on his accomplishments School of Medicine in Australia in 1964, my colleagues to recognize her for a ca- throughout his long and successful Dr. Behrens became the first and only reer of visionary leadership. The future coaching career, and I wish him many pediatric resident at Loma Linda Uni- of medical education, research, and more years of happiness and accom- versity Medical Center in 1966. By 1986, service will be forever changed thanks plishment in retirement. Dr. Behrens was the first female Dean to her bold leadership.∑

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.010 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S727 50 YEARS OF SPACE EXPLORATION behaviors, and civic engagement by St. Cloud, MN, is located on the ∑ Mrs. BOXER. Mr. President, I ask my their young population. banks of the Mississippi River, 60 miles colleagues to join me in recognizing Landfall, MN, is a small town with northwest of the Twin Cities. When it and honoring the California Institute big plans for its young people. A town was founded more than 150 years ago, it of Technology’s Jet Propulsion Labora- of just 700, they place a premium on ex- was known as the Granite City. But tory, JPL, in Pasadena, CA, for 50 panding the horizons of young people. now it also bears the title of the Most years of space exploration. Since the They provide students with ‘‘Extra In- Livable Community in the World. launch of Explorer I, America’s first nings,’’ a tutoring and mentoring pro- The LivCom Awards are the world’s spacecraft, on January 31, 1958, JPL gram that gives elementary through only competition for local commu- has made momentous and historic con- high school students one-on-one help nities that focuses on environmental tributions to our scientific under- with math, reading, and English as a management and the creation of liv- standing of our vast universe. second language. able communities. This year, they have For the past five decades, the Jet Mankato, MN, a three-time winner of named Saint Cloud the ‘‘Most Livable Propulsion Laboratory has been a re- this honor, prides itself on embracing Community in the World.’’ spected leader in furthering scientific young people to help them reach their This award is a deserved honor and knowledge around the world. Explorer fullest potential. Among their initia- recognition of the outstanding efforts 1 was built in less than 3 months, and tives is the LinkCrew, which pairs high being undertaken by the City of Saint was the first spacecraft ever launched school freshmen with junior and senior Cloud to create a livable and sustain- into space that actually revolved year mentors to help them make a suc- able community. around Earth and provided scientific cessful transition to high school. And, The awards encourage best practice, findings from space. The immense suc- as the town that raised six Bessler innovation, and leadership in providing cess of Explorer I led to the passage of boys, including my husband John, I vibrant, environmentally sustainable the Space Act in 1958, which estab- know firsthand of the high-caliber communities that improve the quality lished the National Aeronautics and young people Mankato produces. of life for their residents and people Northfield, MN, used to be a farm Space Administration (NASA). worldwide. town, centered between corn and wheat Among the goals of the award is to Since the inception of NASA, JPL fields. Now, anchored by two of our Na- model innovative community planning has been on the forefront of science and tion’s preeminent colleges, Carleton and living for other communities. I technology through its research and College and Saint Olaf College, hope that Saint Cloud will inspire exploration of every known planet in Northfield has become an enriching other communities to tackle chal- our solar system. Subsequent to the place for young people. The Mayor’s lenging environmental and energy success of Explorer I, JPL has contin- Youth Council allows students ages 15 issues facing our nation. ued to have a central role in accom- to 18 to advise the mayor and city Saint Cloud topped entrants from plished space missions, such as explor- council on issues related to the young more than 50 countries. The residents ing our vast solar system with Voyager population. of Saint Cloud, the Most Livable City 1 and 2 and the Mars Exploration Rov- Saint Louis Park, MN, is also a in the World, have much to be proud of. ers. JPL has also been instrumental in three-time winner. They welcome I ask that you join me in congratu- understanding our planet. youth into their process of govern- lating the world’s most livable commu- I congratulate the California Insti- ment, inviting them to participate in nity, Saint Cloud, MN.∑ tute of Technology’s Jet Propulsion decisionmaking on special neighbor- Laboratory on 50 years of successful f hood and community issues. Among and insightful space exploration, and IN HONOR OF 2ND LIEUTENANT other attractions, it is home to 51 thank the original members of the Ex- SETH C. PIERCE parks thanks to the city’s initiative to plorer I team for their contribution to reserve a percentage of all city land for ∑ Mr. NELSON of Nebraska. Mr. Presi- American history.∑ public parks. And in a special nod to dent, today I wish to honor 2LT Seth f its young population, the city’s Web Pierce of Lincoln, NE. site lists the best sledding hills in its Lieutenant Pierce was a proud mem- BEST COMMUNITIES FOR YOUNG ber of the U.S. Marine Corps, whose PEOPLE community. Saint Paul, MN, is our State’s capital friends remember him as a dedicated ∑ Ms. KLOBUCHAR. Mr. President, city and a shining example of how to and passionate person who ‘‘wore his each year, the America’s Promise Alli- engage children after school hours. heart on his sleeve.’’ While attending ance names the 100 Best Communities Through the Second Shift and After Lincoln Southeast High School, he ran for Young People in the Nation. Today, School Initiatives, they provide posi- the first leg on his relay team and won I am proud to honor five Minnesota tive places for children to spend their the State championship in 2001. His towns that have achieved this tremen- afternoons, develop new skills, and ob- coach described his team as ‘‘the most dous designation—Landfall, Mankato, tain academic assistance. overachieving boys I’ve ever coached. Northfield, Saint Louis Park, and From his theatre in downtown Saint They won because they were connected Saint Paul, MN. Paul, Minnesota’s native son, Garrison to each other.’’ The 100 Best Communities for Young Keillor, refers to his fictional Min- A 2002 graduate of Lincoln Southeast People is an annual competition that nesota town of Lake Wobegon as a High School and a 2006 graduate of Ari- recognizes outstanding community- place where ‘‘all the women are strong, zona State University, Lieutenant wide efforts that improve the well- all the men are good-looking, and all Pierce was commissioned as a second being of youth and inspire other local- the children are above average.’’ These lieutenant in the U.S. Marine Corps in ities to take action. five towns have certainly proven December 2006. Leutenant Pierce There is apparently much to find in- Keillor’s words are more truth than fic- passed away due to a car accident on spiration from, as two previous award tion. October 21, 2007, in Quantico, VA, winners have now become five—a I am proud to represent five of Amer- where he was stationed. strong showing from the great State of ica’s Best Communities for Young Peo- Lieutenant Pierce is survived by his Minnesota. ple and to congratulate them before parents, Larry and Linda Pierce of Sur- Each of these five Minnesota commu- the U.S. Senate.∑ prise, AZ; his brother and sister-in-law, nities demonstrated a commitment to f Aaron and Crystal Pierce, of Omaha; community support of children and his grandparents, Edwin and Ruth through resources including effective RECOGNIZING SAINT CLOUD, Steffens and Luther and Esther Pierce, education, safe gathering places, and a MINNESOTA all of Lincoln. I offer my most sincere wide range of programming. Their ∑ Ms. KLOBUCHAR. Mr. President, condolences to the family and friends commitment generates real outcomes today I wish to recognize a great of Lieutenant Pierce. His noble service in the form of high graduation rates achievement by the City of Saint to the United States of America is to and educational achievement, healthy Cloud, MN. be respected and appreciated. The loss

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.028 S06FEPT1 smartinez on PRODPC61 with SENATE S728 CONGRESSIONAL RECORD — SENATE February 6, 2008 of this remarkable marine is felt by all played in supporting our nation’s served him well during his lifetime. His Nebraskans, and his courage to follow armed forces. I look forward to success- long and illustrious professional career his dreams will remain as an inspira- ful trials by the Navy and the contin- included countless distinguished ap- tion.∑ ued role Hodgdon Yachts will play in pointments, awards, and honors. f the production of this fine vessel. Vi will be remembered by the Aber- Throughout its history, Hodgdon deen community because of his exuber- RECOGNIZING HODGDON YACHTS Yachts has produced over 400 yachts ant service and dedication to constant ∑ Ms. SNOWE. Mr. President, today I and ships, perhaps none more vital improvement of the city, county, and commend a Maine business that last than its latest. The company’s work to State. Vi was a member of numerous month unveiled a remarkably sturdy keep shipbuilding alive and well in community organizations, including vessel for use by our Nation’s Navy Maine is well documented, including the Aberdeen Jaycees and the Aberdeen SEALs, a project for which I was hon- President Tim Hodgdon’s involvement Area Chamber of Commerce. Addition- ored to secure funding for. Hodgdon in the formation of Maine Built Boats, ally, Vi’s dedication and leadership Yachts of East Boothbay, a family- an alliance whose goal is to present were instrumental in rallying support owned company for five generations, Maine’s boatbuilding industry to a for dozens of community projects. has been a source of pride for Maine’s wider global audience. I firmly believe The profound wisdom and deep com- boatbuilding industry for nearly 200 that, given our seafaring history and mitment that Vi possessed is reflected years, and its recent accomplishment established work ethic, Mainers build through his role in the businesses, is without a doubt one of its most im- the best ships, and Hodgdon Yachts health organizations, educational af- pressive. only further exemplifies this tradition. filiations, and political organizations Hodgdon Yachts began building boats I commend everyone at Hodgdon for which he so diligently served in 1816, when the company launched Yachts for their remarkable accom- throughout his life. Vi also received the 42-foot schooner Superb. Since then, plishment in the Mako V.1, and wish many awards recognizing his excellent Hodgdon Yachts has developed a rep- them well in their future boatbuilding work and service including: Distin- utation as one of New England’s pre- endeavors. ∑ guished Alumni Award—NSU, 1976; the mier shipbuilders, persevering through f George Award, 1979 and 1994; South Da- difficult times and continually reevalu- kota Community Volunteer of the TRIBUTE TO JOHN ROCK ating its company’s methods to be con- Year, 1991; Distinguished Service sistently on the cutting edge of the lat- ∑ Mr. THUNE. Mr. President, today I Award, Excellence in Economic Devel- est technologies. Of particular note for wish to honor the life of John Rock, opment, 2000; and South Dakota Medal the State of Maine is Hodgdon’s 1921 who passed away in November of 2007. of Distinguished Excellence, 2008. schooner Bowdoin, named for the John was an invaluable member of the Vi will be lovingly remembered by Brunswick alma mater of Arctic ex- Black Hills community, and he will be his wife Donna as well as his children plorer Donald MacMillan. The boat truly missed by all who knew him. and grandchildren as a loving husband, proved itself an invaluable tool in Arc- John will be remembered for his dedi- father, and a great man. He will forever tic research and sailed more than cation to service in the Black Hills re- remain in our hearts for his contribu- gion. He made many invaluable con- 300,000 miles over 26 icy voyages in its tions to the Aberdeen area and the en- tributions to the region through his ex- career. Prior to the Bowdoin, the com- tire State of South Dakota. Few men tensive knowledge and life experiences. pany turned its attention to building will ever give as much of themselves or This dedication was evident through submarine chasers for the military in make as much of a difference in the John’s support of the Mammoth Site World War I, and continued its defense lives of others as Vi Stoia. Today we museum in Hot Springs, SD. He worked work by gaining minesweeper and celebrate the life and accomplishments with the finance/personnel and govern- troop transport contracts during both of this great man. Although he does ance committees and the board of di- World War II and the Korean war. not stand among us, his legacy will live rectors of the Mammoth Site of Hot By the late 1950s, Hodgdon Yachts re- on for a time without end. For all that Springs, SD, Inc., from 2001 to 2007. turned to building more traditional has been accomplished and achieved, In addition to his being recognized by for all of the lives that have been wooden yachts for a variety of cus- the Mammoth Site board, two theater tomers. By the mid-1980s, the company touched and enhanced, thank you, and seats will be dedicated to John and his God bless Viorel G. Stoia.∑ began to modernize its shipbuilding, wife Bonnie. A plaque in John’s honor f providing clients with yachts of superb will also be placed on the Memorial quality and strength while employing Wall at the Mammoth Site. MESSAGES FROM THE PRESIDENT innovative technology in the creation John Rock’s absence will be deeply Messages from the President of the of its boats. Hodgdon Yachts recently felt in the Black Hills community. He United States were communicated to began using carbon Kevlar deposits to was a truly dedicated individual who the Senate by Mr. Williams, one of his construct its yachts to make the boats will be remembered for his lifetime of secretaries. as strong and secure as possible. service to others.∑ Hodgdon’s proficiency in using f f Kevlar proved useful when, in May 2005, EXECUTIVE MESSAGES REFERRED the company won a contract from the TRIBUTE TO VIOREL G. ‘‘VI’’ As in executive session the Presiding U.S. Navy’s Office of Naval Research to STOIA Officer laid before the Senate messages build the prototype for a new special ∑ Mr. THUNE. Mr. President, today I from the President of the United operations craft using these compos- wish to honor Viorel G. ‘‘Vi’’ Stoia, a States submitting sundry nominations ites. The ship has a foam core sur- great South Dakotan who passed away and a treaty which were referred to the rounded by multiple layers of carbon, on January 28, 2008. appropriate committees. and its durability its reinforced by an Vi Stoia was born on February 13, (The nominations received today are outer layer of Kevlar. On January 11, 1924 in Aberdeen, SD, and began his printed at the end of the Senate pro- 2008, the company launched this proto- lifetime of service and leadership at ceedings.) type, the 82-foot Mako V.1, named for a Aberdeen Central High School where he f shark that frequents the Gulf of served as senior class president. Vi con- Maine’s waters. It is the first Navy ves- tinued this leadership and service while REPORT ON THE CONTINUATION sel constructed with carbon-fiber tech- he served in the U.S. Navy and at- OF THE NATIONAL EMERGENCY nology and was designed to protect tended the University of Minnesota. In THAT WAS DECLARED WITH RE- Navy SEALs from injuries caused by 1949, Vi graduated with a degree in SPECT TO THE GOVERNMENT OF the harsh conditions of the seas. business administration and married CUBA’S DESTRUCTION OF TWO Hodgdon teamed up with Maine Marine his lifelong companion, Donna Marie UNARMED U.S.-REGISTERED CI- Manufacturing and the University of Maurseth. VILIAN AIRCRAFT—PM 36 Maine in completing the Mako V.1, and Vi’s thirst for knowledge along with The PRESIDING OFFICER laid be- I am so proud of the role that each his extraordinary leadership abilities fore the Senate the following message

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.038 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S729 from the President of the United No. 8341-6) received on January 28, 2008; to EC–4892. A communication from the Pro- States, together with an accompanying the Committee on Agriculture, Nutrition, gram Manager, Administration for Children report; which was referred to the Com- and Forestry. and Families, Department of Health and EC–4883. A communication from the Direc- Human Services, transmitting, pursuant to mittee on Banking, Housing, and tor, Regulatory Management Division, Envi- law, the report of a rule entitled ‘‘Reauthor- Urban Affairs: ronmental Protection Agency, transmitting, ization of Temporary Assistance for Needy To the Congress of the United States: pursuant to law, the report of a rule entitled Families Program’’ (RIN0970-AC27) received ‘‘Boscalid; Denial of Objections’’ (FRL No. Section 202(d) of the National Emer- on January 28, 2008; to the Committee on Fi- 8347-3) received on January 28, 2008; to the nance. gencies Act (50 U.S.C. 1622(d)) provides Committee on Agriculture, Nutrition, and EC–4893. A communication from the Assist- for the automatic termination of a na- Forestry. ant Secretary for Policy, Department of tional emergency unless, prior to the EC–4884. A communication from the Chief Labor, transmitting, pursuant to law, a re- anniversary date of its declaration, the of Staff, Media Bureau, Federal Communica- port relative to the impact of increased min- President publishes in the Federal Reg- tions Commission, transmitting, pursuant to imum wages on the economies of American ister and transmits to the Congress a law, the report of a rule entitled ‘‘Amend- Samoa and the Commonwealth of the North- ments of Section 73.202(b), Table of Allot- notice stating that the emergency is to ern Mariana Islands; to the Committee on ments, FM Broadcast Stations (Live Oak, Health, Education, Labor, and Pensions. continue in effect beyond the anniver- Florida)’’ (MB Docket No. 07-131) received on EC–4894. A communication from the Dep- sary date. In accordance with this pro- January 28, 2008; to the Committee on Com- uty Under Secretary for Management, De- vision, I have sent the enclosed notice merce, Science, and Transportation. partment of Homeland Security, transmit- to the Federal Register for publication, EC–4885. A communication from the Chief ting, pursuant to law, an annual report rel- which states that the national emer- of Staff, Media Bureau, Federal Communica- ative to the Department’s competitive gency declared with respect to the Gov- tions Commission, transmitting, pursuant to sourcing efforts during fiscal year 2007; to law, the report of a rule entitled ‘‘Amend- the Committee on Homeland Security and ernment of Cuba’s destruction of two ment of Section 73.202(b), Table of Allot- Governmental Affairs. unarmed U.S.-registered civilian air- ments, FM Broadcast Stations (Charlo, Mon- EC–4895. A communication from the Senior craft in international airspace north of tana)’’ (MB Docket No. 07-143) received on Procurement Executive, Office of the Chief Cuba on February 24, 1996, as amended January 28, 2008; to the Committee on Com- Acquisition Officer, Department of Defense, and expanded on February 26, 2004, is to merce, Science, and Transportation. transmitting, pursuant to law, the report of continue in effect beyond March 1, 2008. EC–4886. A communication from the Chief a rule entitled ‘‘Federal Acquisition Regula- of Staff, Media Bureau, Federal Communica- tion; Federal Acquisition Circular 2005-23’’ GEORGE W. BUSH. tions Commission, transmitting, pursuant to (FAC 2005-23) received on January 28, 2008; to THE WHITE HOUSE, February 6, 2008. law, the report of a rule entitled ‘‘Carriage of the Committee on Homeland Security and f Digital Television Broadcast Signals: Governmental Affairs. Amendment to Part 76 of the Commission’s EC–4896. A communication from the Acting MESSAGE FROM THE HOUSE Rules’’ ((FCC 07-170)(CS Docket No. 98-120)) Staff Director, U.S. Commission on Civil received on January 28, 2008; to the Com- Rights, transmitting, pursuant to law, a re- mittee on Commerce, Science, and Transpor- port relative to the Commission’s recent ap- ENROLLED BILL SIGNED tation. pointment of members to the Kansas Advi- EC–4887. A communication from the Dep- At 2:31 p.m., a message from the sory Committee; to the Committee on the uty Chief, Consumer and Governmental Af- Judiciary. House of Representatives, delivered by fairs Bureau, Federal Communications Com- EC–4897. A communication from the Acting Ms. Niland, one of its reading clerks, mission, transmitting, pursuant to law, the Staff Director, U.S. Commission on Civil announced that the Speaker has signed report of a rule entitled ‘‘Telecommuni- Rights, transmitting, pursuant to law, a re- the following enrolled bill: cations Relay Services and Speech-to-Speech port relative to the Commission’s recent ap- H.R. 4253. An act to improve and expand Services for Individuals with Hearing and pointment of members to the Missouri Advi- small business assistance programs for vet- Speech Disabilities, Report and Order and sory Committee; to the Committee on the erans of the armed forces and military re- Declaratory Ruling’’ ((FCC 07-186)(CG Docket Judiciary. EC–4898. A communication from the Acting servists, and for other purposes. No. 03-123)) received on January 28, 2008; to the Committee on Commerce, Science, and Staff Director, U.S. Commission on Civil The enrolled bill was subsequently Transportation. Rights, transmitting, pursuant to law, a re- signed by the President pro tempore EC–4888. A communication from the Ad- port relative to the Commission’s recent ap- (Mr. BYRD). ministrator, Environmental Protection pointment of members to the District of Co- Agency, transmitting, pursuant to law, an lumbia Advisory Committee; to the Com- f annual report relative to the implementa- mittee on the Judiciary. MEASURES READ THE FIRST TIME tion of Public Law 106–107 during fiscal year EC–4899. A communication from the Acting 2007; to the Committee on Environment and Staff Director, U.S. Commission on Civil The following bill was read the first Public Works. Rights, transmitting, pursuant to law, a re- time: EC–4889. A communication from the Acting port relative to the Commission’s recent ap- S. 2596. A bill to rescind funds appropriated Director, Fish and Wildlife Service, Depart- pointment of members to the South Carolina by the Consolidated Appropriations Act, ment of the Interior, transmitting, pursuant Advisory Committee; to the Committee on 2008, for the City of Berkeley, California, and to law, the report of a rule entitled ‘‘Endan- the Judiciary. any entities located in such city, and to pro- gered and Threatened Wildlife and Plants; EC–4900. A communication from the Chair- vide that such funds shall be transferred to Revision of Special Regulation for the Cen- man, Federal Election Commission, trans- the Operation and Maintenance, Marine tral Idaho and Yellowstone Area Non- mitting, pursuant to law, a report relative to Corps account of the Department of Defense essential Experimental Populations of Gray its budget request for fiscal year 2009; to the for the purposes of recruiting. Wolves in the Northern Rocky Mountains’’ Committee on Rules and Administration. (RIN1018-AV39) received on January 28, 2008; EC–4901. A communication from the Con- f to the Committee on Environment and Pub- gressional Review Coordinator, Animal and lic Works. Plant Health Inspection Service, Department EXECUTIVE AND OTHER EC–4890. A communication from the Acting of Agriculture, transmitting, pursuant to COMMUNICATIONS Assistant Secretary for Fish, Wildlife and law, the report of a rule entitled ‘‘Change in The following communications were Parks, Department of the Interior, transmit- Disease Status of Surrey County, England, laid before the Senate, together with ting, pursuant to law, the report of a rule en- Because of Foot-and-Mouth Disease’’ (Dock- accompanying papers, reports, and doc- titled ‘‘Endangered and Threatened Wildlife et No. APHIS–2007–0124) received on January and Plants; Revised Designation of Critical 31, 2008; to the Committee on Agriculture, uments, and were referred as indicated: Habitat for the Tidewater Goby Nutrition, and Forestry. EC–4881. A communication from the Chair- (Eucyclogobius newberryi)’’ (RIN1018-AU81) EC–4902. A communication from the Con- man and President, Export-Import Bank of received on January 28, 2008; to the Com- gressional Review Coordinator, Animal and the United States, transmitting, pursuant to mittee on Environment and Public Works. Plant Health Inspection Service, Department law, an annual report relative to the Bank’s EC–4891. A communication from the Direc- of Agriculture, transmitting, pursuant to operations during fiscal year 2007; to the tor, Regulatory Management Division, Envi- law, the report of a rule entitled ‘‘Mexican Committee on Banking, Housing, and Urban ronmental Protection Agency, transmitting, Fruit Fly; Removal of Quarantined Area’’ Affairs. pursuant to law, the report of a rule entitled (Docket No. APHIS–2007–0129) received on EC–4882. A communication from the Direc- ‘‘Health and Safety Data Reporting; Addi- January 31, 2008; to the Committee on Agri- tor, Regulatory Management Division, Envi- tion of Certain Chemicals’’ ((RIN2070- culture, Nutrition, and Forestry. ronmental Protection Agency, transmitting, AB11)(FRL No. 8154-2)) received on January EC–4903. A communication from the Direc- pursuant to law, the report of a rule entitled 28, 2008; to the Committee on Environment tor, Regulatory Management Division, Envi- ‘‘Fluopicolide; Pesticide Tolerance’’ (FRL and Public Works. ronmental Protection Agency, transmitting,

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 smartinez on PRODPC61 with SENATE S730 CONGRESSIONAL RECORD — SENATE February 6, 2008 pursuant to law, the report of a rule entitled tion, Department of Transportation, trans- EC–4924. A communication from the Pro- ‘‘Inert Ingredients: Denial of Pesticide Peti- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tions 2E6491, 7E4810, and 7E4811’’ (FRL No. entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- 8342-4) received on February 4, 2008; to the Procedures (3); Amdt. No. 3248’’ (RIN 2120- mitting, pursuant to law, the report of a rule Committee on Agriculture, Nutrition, and AA65) received on February 4, 2008; to the entitled ‘‘Modification of Class E Airspace; Forestry. Committee on Commerce, Science, and Lee’s Summit, MO’’ ((RIN 2120-AA66)(Docket EC–4904. A communication from the Assist- Transportation. No. 07-ACE-10)) received on February 4, 2008; ant Secretary of Defense (Homeland Defense EC–4915. A communication from the Pro- to the Committee on Commerce, Science, and Americas’ Security Affairs), transmit- gram Analyst, Federal Aviation Administra- and Transportation. ting, pursuant to law, a report relative to as- tion, Department of Transportation, trans- EC–4925. A communication from the Pro- sistance provided by the Department to ci- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- vilian sporting events during calendar year entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- 2007; to the Committee on Armed Services. Du Bois, PA’’ ((RIN 2120-AA66)(Docket No. mitting, pursuant to law, the report of a rule EC–4905. A communication from the Direc- 05-AEA-17)) received on February 4 , 2008; to entitled ‘‘Modification of Class E Airspace; tor, Defense Procurement and Acquisition the Committee on Commerce, Science, and Fort Scott, KS’’ ((RIN 2120-AA66)(Docket No. Policy, Department of Defense, transmit- Transportation. 07-ACE-8)) received on February 4, 2008; to ting, pursuant to law, a report relative to EC–4916. A communication from the Pro- the Committee on Commerce, Science, and service charges imposed on one component of gram Analyst, Federal Aviation Administra- Transportation. the Department for purchases made through tion, Department of Transportation, trans- EC–4926. A communication from the Pro- another component of the Department; to mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Committee on Armed Services. entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- EC–4906. A communication from the Under Aguadilla, PR’’ ((RIN 2120-AA66)(Docket No. mitting, pursuant to law, the report of a rule Secretary of Defense (Comptroller), trans- 07-ASO-22)) received on February 4, 2008; to entitled ‘‘Amendment of Class E Airspace; mitting, pursuant to law, a report entitled the Committee on Commerce, Science, and Philipsburg, PA’’ ((RIN 2120-AA66)(Docket ‘‘Acceptance of Contributions for Defense Transportation. No. 05-AEA-21)) received on February 4, 2008; Programs, Projects, and Activities; Defense EC–4917. A communication from the Pro- to the Committee on Commerce, Science, Cooperation Account’’; to the Committee on gram Analyst, Federal Aviation Administra- and Transportation. Armed Services. tion, Department of Transportation, trans- EC–4927. A communication from the Pro- EC–4907. A communication from the Sec- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- retary of the Treasury, transmitting, pursu- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- ant to law, a six-month periodic report on Procedures (97); Amdt. No. 3245’’ (RIN 2120- mitting, pursuant to law, the report of a rule the national emergency that was declared in AA65) received on February 4, 2008; to the entitled ‘‘Amendment of Class E Airspace; Executive Order 13441 with respect to Leb- Committee on Commerce, Science, and Pottsville, PA’’ ((RIN2120–AA66)(Docket No. anon; to the Committee on Banking, Hous- Transportation. 05–AEA–18)) received on February 4, 2008; to EC–4918. A communication from the Pro- ing, and Urban Affairs. the Committee on Commerce, Science, and EC–4908. A communication from the Presi- gram Analyst, Federal Aviation Administra- Transportation. dent of the United States, transmitting, pur- tion, Department of Transportation, trans- EC–4928. A communication from the Pro- suant to law, a report on the continuation of mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the national emergency that was declared entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- with respect to the conflict in the Cote Williamsport, PA’’ ((RIN 2120-AA66)(Docket mitting, pursuant to law, the report of a rule d’Ivoire; to the Committee on Banking, No. 05-AEA-19)) received on February 4, 2008; entitled ‘‘Airworthiness Directives; Eclipse Housing, and Urban Affairs. to the Committee on Commerce, Science, Aviation Corporation Model EA500 Air- EC–4909. A communication from the Chief and Transportation. Counsel, Federal Emergency Management EC–4919. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– Agency, Department of Homeland Security, gram Analyst, Federal Aviation Administra- 083)) received on February 4, 2008; to the transmitting, pursuant to law, the report of tion, Department of Transportation, trans- Committee on Commerce, Science, and a rule entitled ‘‘Suspension of Community mitting, pursuant to law, the report of a rule Transportation. Eligibility’’ (72 FR 73651) received on Janu- entitled ‘‘Establishment of Class E Airspace; EC–4929. A communication from the Pro- ary 31, 2008; to the Committee on Banking, Hailey, ID’’ ((RIN 2120-AA66)(Docket No. 07- gram Analyst, Federal Aviation Administra- Housing, and Urban Affairs. ANM-8)) received on February 4, 2008; to the tion, Department of Transportation, trans- EC–4910. A communication from the Sec- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule retary, Federal Trade Commission, transmit- Transportation. entitled ‘‘Airworthiness Directives; Boeing ting, pursuant to law, the report of a rule en- EC–4920. A communication from the Pro- Model 747–100B SUD, 747–200B, 747–300, 747– titled ‘‘Rule Concerning Disclosures Regard- gram Analyst, Federal Aviation Administra- 400, and 747–400D Series Airplanes’’ ing Energy Consumption and Water Use of tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2007–NM–306)) Certain Home Appliances and other Products mitting, pursuant to law, the report of a rule received on February 4, 2008; to the Com- Required Under the Energy Policy and Con- entitled ‘‘Establishment of Class E Airspace; mittee on Commerce, Science, and Transpor- servation Act’’ (RIN 3084-AA74) received on Beaver, UT’’ ((RIN 2120-AA66)(Docket No. 06- tation. February 5, 2008; to the Committee on Com- ANM-12)) received on February 4, 2008; to the EC–4930. A communication from the Pro- merce, Science, and Transportation. Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- EC–4911. A communication from the Pro- Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–4921. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; CFM mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- International, S.A. CFM56–5C4/1 Series Tur- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule bofan Engines’’ ((RIN2120–AA64)(Docket No. Procedures (28); Amdt. No. 3247’’ (RIN 2120- entitled ‘‘Establishment of Class E Airspace; 2001–NE–15)) received on February 4, 2008; to AA65) received on February 4, 2008; to the Muncy, PA’’ ((RIN 2120-AA66)(Docket No. 07- the Committee on Commerce, Science, and Committee on Commerce, Science, and AEA-08)) received on February 4, 2008; to the Transportation. Transportation. Committee on Commerce, Science, and EC–4931. A communication from the Pro- EC–4912. A communication from the Pro- Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–4922. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bell Hel- entitled ‘‘Part 95 Instrument Flight Rules mitting, pursuant to law, the report of a rule icopter Textron Canada Model 206A and 206B (18); Amdt. No. 471’’ (RIN 2120-AA63) received entitled ‘‘Establishment of Class E Airspace; Helicopters’’ ((RIN2120–AA64)(Docket No. on February 4, 2008; to the Committee on Tappahannock, VA’’ ((RIN 2120-AA66)(Docket 2007–SW–14)) received on February 4, 2008; to Commerce, Science, and Transportation. No. 07-AEA-04)) received on February 4, 2008; the Committee on Commerce, Science, and EC–4913. A communication from the Pro- to the Committee on Commerce, Science, Transportation. gram Analyst, Federal Aviation Administra- and Transportation. EC–4932. A communication from the Pro- tion, Department of Transportation, trans- EC–4923. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Procedures (1); Amdt. No. 3246’’ (RIN 2120- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Boeing AA65) received on February 4, 2008; to the entitled ‘‘Amendment of Class E Airspace; Model 737–100, –200, –200C, –300, –400, and –500 Committee on Commerce, Science, and St. Mary’s, PA’’ ((RIN 2120-AA66)(Docket No. Series Airplanes’’ ((RIN2120–AA64)(Docket Transportation. 05-AEA-20)) received on February 4, 2008; to No. 2007–NM–221)) received on February 4, EC–4914. A communication from the Pro- the Committee on Commerce, Science, and 2008; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Transportation. Science, and Transportation.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.037 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S731 EC–4933. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bell Hel- entitled ‘‘Airworthiness Directives; Goodrich mitting, pursuant to law, the report of a rule icopter Textron Canada Model 206A and 206B Evacuation Systems Approved Under Tech- entitled ‘‘Airworthiness Directives; Bell Hel- Series Helicopters’’ ((RIN2120–AA64)(Docket nical Standard Order TSO–C69b and Installed icopter Textron Canada Limited Model 206A, No. 2007–SW–12)) received on February 4, on Airbus Model A330–200 and –300 Series Air- 206B, 206L, 206L–1, 206L–3, 206L–4, 222, 222B, 2008; to the Committee on Commerce, planes, Model A340–200 and –300 Series Air- 222U, 230, 407, 427, and 430 Helicopters’’ Science, and Transportation. planes, and Model A340–541 and –642 Air- ((RIN2120–AA64)(Docket No. 2007–SE–36)) re- EC–4943. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2007– ceived on February 4, 2008; to the Committee gram Analyst, Federal Aviation Administra- NM–035)) received on February 4, 2008; to the on Commerce, Science, and Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–4934. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Bell Hel- EC–4952. A communication from the Pro- tion, Department of Transportation, trans- icopter Textron, Inc. Model 205A, 205A–1, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule 205B, 212, 412, 412CF, and 412EP Helicopters’’ tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Cessna ((RIN2120–AA64)(Docket No. 2005–SW–37)) re- mitting, pursuant to law, the report of a rule Aircraft Company, Model 525B Airplanes’’ ceived on February 4, 2008; to the Committee entitled ‘‘Airworthiness Directives; CTRM ((RIN2120–AA64)(Docket No. 2007–CE–085)) re- on Commerce, Science, and Transportation. Aviation Sdn. Bhd. Model Eagle 150B Air- ceived on February 4, 2008; to the Committee EC–4944. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- 069)) received on February 4, 2008; to the EC–4935. A communication from the Pro- tion, Department of Transportation, trans- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Rolls- EC–4953. A communication from the Pro- mitting, pursuant to law, the report of a rule Royce plc RB211 Trent 768–60, 772–60, 772B–60, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Diamond and 772C–60 Turbofan Engines’’ ((RIN2120– tion, Department of Transportation, trans- Aircraft Industries Model DA 42 Airplanes’’ AA64)(Docket No. 2007–NE–28)) received on mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. 2007–CE–067)) re- February 4, 2008; to the Committee on Com- entitled ‘‘Airworthiness Directives; EADS ceived on February 4, 2008; to the Committee merce, Science, and Transportation. SOCATA Model TBM 700 Airplanes’’ on Commerce, Science, and Transportation. EC–4945. A communication from the Pro- ((RIN2120–AA64)(Docket No. 2007–CE–081)) re- EC–4936. A communication from the Pro- gram Analyst, Federal Aviation Administra- ceived on February 4, 2008; to the Committee gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–4954. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Fokker gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Model F.28 Mark 0070 and 0100 Airplanes’’ tion, Department of Transportation, trans- Aeromot-Industria Mecanico Metalurgica ((RIN2120–AA64)(Docket No. 2007–NM–133)) mitting, pursuant to law, the report of a rule Ltda. Model AMT–100/200/200S/300 Gliders’’ received on February 4, 2008; to the Com- entitled ‘‘Airworthiness Directives; Airbus ((RIN2120–AA64)(Docket No. 2007–CE–066)) re- mittee on Commerce, Science, and Transpor- Model A330 Airplanes’’ ((RIN2120– ceived on February 4, 2008; to the Committee tation. AA64)(Docket No. 2007–NM–229)) received on on Commerce, Science, and Transportation. EC–4946. A communication from the Pro- February 4, 2008; to the Committee on Com- EC–4937. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–4955. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bell Hel- Model A300–600 Series Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule icopter Textron, Inc. Model 204B, 205A, 205A– AA64)(Docket No. 2006–NM–218)) received on entitled ‘‘Airworthiness Directives; Boeing 1, 205B, 210, 212, 412, 412EP, and 412CF Heli- February 4, 2008; to the Committee on Com- Model 707 Airplanes and Model 720 and 720B copters’’ ((RIN2120–AA64)(Docket No. 2007– merce, Science, and Transportation. Series Airplanes’’ ((RIN2120–AA64)(Docket SW–37)) received on February 4, 2008; to the EC–4947. A communication from the Pro- No. 2007–NM–010)) received on February 4, Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- 2008; to the Committee on Commerce, Transportation. tion, Department of Transportation, trans- Science, and Transportation. EC–4938. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–4956. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Model 757–200, –200PF, and –200CB Series Air- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(Docket No. FAA– mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach 2007–27560)) received on February 4, 2008; to entitled ‘‘Airworthiness Directives; Boeing Procedures (68); Amdt. No. 3241’’ (RIN2120– the Committee on Commerce, Science, and Model 747–400, 747–400D, and 747–400F Series AA65) received on February 4, 2008; to the Transportation. Airplanes; Model 757–200 Series Airplanes; Committee on Commerce, Science, and EC–4948. A communication from the Pro- and Model 767–200, 767–300, and 767–300F Se- Transportation. gram Analyst, Federal Aviation Administra- ries Airplanes’’ ((RIN2120–AA64)(Docket No. EC–4939. A communication from the Pro- tion, Department of Transportation, trans- 2007–NM–088)) received on February 4, 2008; to gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus Transportation. mitting, pursuant to law, the report of a rule Model A300 Series Airplanes’’ ((RIN2120– EC–4957. A communication from the Pro- entitled ‘‘Standard Instrument Approach AA64) (Docket No. 2006–NM–182)) received on gram Analyst, Federal Aviation Administra- Procedures (101); Amdt. No. 3243’’ (RIN2120– February 4, 2008; to the Committee on Com- tion, Department of Transportation, trans- AA65) received on February 4, 2008; to the merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and EC–4949. A communication from the Pro- entitled ‘‘Airworthiness Directives; Cessna Transportation. gram Analyst, Federal Aviation Administra- Model 560 Airplanes’’ ((RIN2120– EC–4940. A communication from the Pro- tion, Department of Transportation, trans- AA64)(Docket No. 2007–NM–234)) received on gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule February 4, 2008; to the Committee on Com- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Model A330 Airplanes’’ ((RIN2120– EC–4958. A communication from the Pro- entitled ‘‘Standard Instrument Approach AA64)(Docket No. 2007–NM–229)) received on gram Analyst, Federal Aviation Administra- Procedures (8); Amdt. No. 3244’’ (RIN2120– February 4, 2008; to the Committee on Com- tion, Department of Transportation, trans- AA65) received on February 4, 2008; to the merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and EC–4950. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing Transportation. gram Analyst, Federal Aviation Administra- Model 767–200, –300, and –300F Series Air- EC–4941. A communication from the Pro- tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(Docket No. 2007– gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule NM–108)) received on February 4, 2008; to the tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Model A330–200, A330–300, A340–200, A340–300, Transportation. entitled ‘‘Standard Instrument Approach A340–500, and A340–600 Series Airplanes’’ EC–4959. A communication from the Pro- Procedures (67); Amdt. No. 3249’’ (RIN2120– ((RIN2120–AA64)(Docket No. 2007–NM–241)) gram Analyst, Federal Aviation Administra- AA65) received on February 4, 2008; to the received on February 4, 2008; to the Com- tion, Department of Transportation, trans- Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule Transportation. tation. entitled ‘‘Airworthiness Directives; Boeing EC–4942. A communication from the Pro- EC–4951. A communication from the Pro- Model 777 Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2005–NM–164)) received on

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 smartinez on PRODPC61 with SENATE S732 CONGRESSIONAL RECORD — SENATE February 6, 2008 February 4, 2008; to the Committee on Com- Neurock, which nominations were received Army nomination of Joseph B. Dore, 0588, merce, Science, and Transportation. by the Senate and appeared in the Congres- to be Colonel. EC–4960. A communication from the Assist- sional Record on January 23, 2008. Army nomination of William J. Hersh, ant Chief Counsel for Hazardous Materials Air Force nominations beginning with 6277, to be Colonel. Safety, Department of Transportation, Paul A. Abson and ending with Philip A. Army nomination of James C. Cummings, transmitting, pursuant to law, the report of Sweet, which nominations were received by 8883, to be Colonel. a rule entitled ‘‘Hazardous Materials; Mis- the Senate and appeared in the Congres- Army nomination of Eugene W. Gavin, cellaneous Amendments’’ (RIN2137–AE10) re- sional Record on January 23, 2008. 0749, to be Colonel. ceived on February 4, 2008; to the Committee Air Force nominations beginning with Army nominations beginning with Bruce on Commerce, Science, and Transportation. Mari L. Archer and ending with Gilbert W. H. Bahr and ending with George R. Wolfe, which nominations were received by Gwaltney, which nominations were received f the Senate and appeared in the Congres- by the Senate and appeared in the Congres- sional Record on January 23, 2008. sional Record on January 23, 2008. (minus 1 EXECUTIVE REPORTS OF nominee: Allen D. Ferry) COMMITTEES Air Force nominations beginning with Wil- liam A. Beyers III and ending with Ross A. Army nominations beginning with David The following executive reports of Ziegler, which nominations were received by A. Brant and ending with Corliss Gadsden, nominations were submitted: the Senate and appeared in the Congres- which nominations were received by the Sen- ate and appeared in the Congressional By Mr. LEVIN for the Committee on sional Record on January 23, 2008. Air Force nominations beginning with Record on January 23, 2008. Armed Services. Army nominations beginning with Harold Air Force nominations beginning with Robert R. Cannon and ending with Lyle E. Von Seggern, which nominations were re- A. Felton and ending with Arland O. Haney, Colonel Mark A. Ediger and ending with which nominations were received by the Sen- Colonel Daniel O. Wyman, which nomina- ceived by the Senate and appeared in the Congressional Record on January 23, 2008. ate and appeared in the Congressional tions were received by the Senate and ap- Record on January 23, 2008. peared in the Congressional Record on De- Air Force nominations beginning with Vito Emil Addabbo and ending with James A. Army nominations beginning with Anne M. cember 11, 2007. Bauer and ending with Jo A. Mcelligott, Air Force nomination of Brig. Gen. Cecil Zietlow, which nominations were received by the Senate and appeared in the Congres- which nominations were received by the Sen- R. Richardson, 3790, to be Major General. ate and appeared in the Congressional Air Force nomination of Col. Robert G. sional Record on January 23, 2008. Air Force nominations beginning with Record on January 23, 2008. Kenny, to be Brigadier General. Army nominations beginning with Deborah Azad Y. Keval and ending with Troy L. Sul- Air Force nominations beginning with Col. G. Davis and ending with Debra M. Simpson, livan III, which nominations were received Daniel P. Gillen and ending with Col. Mi- which nominations were received by the Sen- by the Senate and appeared in the Congres- chael J. Yaszemski, which nominations were ate and appeared in the Congressional sional Record on January 23, 2008. received by the Senate and appeared in the Air Force nomination of Lance A. Avery, Record on January 23, 2008. Congressional Record on January 23, 2008. Army nominations beginning with Ruben 7092, to be Lieutenant Colonel. Air Force nominations beginning with Alvero and ending with Hae S. Yuo, which Air Force nominations beginning with Brigadier General Robert Benjamin Bartlett nominations were received by the Senate and Billy R. Morgan and ending with Joseph R. and ending with Brigadier General James T. appeared in the Congressional Record on Lowe, which nominations were received by Rubeor, which nominations were received by January 23, 2008. the Senate and appeared in the Congres- the Senate and appeared in the Congres- Army nominations beginning with Ronald sional Record on January 23, 2008. L. Bonheur and ending with David S. Werner, sional Record on January 23, 2008. Air Force nomination of Inaam A. which nominations were received by the Sen- Air Force nominations beginning with Pedalino, 4601, to be Major. ate and appeared in the Congressional Colonel Robert S. Arthur and ending with Air Force nominations beginning with Record on January 23, 2008. Colonel Paul L. Sampson, which nomina- Demea A. Alderman and ending with Philip Army nominations beginning with Gerard tions were received by the Senate and ap- H. Wang, which nominations were received P. Curran and ending with Mark Tranovich, peared in the Congressional Record on Janu- by the Senate and appeared in the Congres- which nominations were received by the Sen- ary 23, 2008. sional Record on January 23, 2008. ate and appeared in the Congressional Air Force nomination of Lt. Gen. Douglas Air Force nomination of Theresa D. Clark, M. Fraser, 7505, to be Lieutenant General. Record on January 23, 2008. 1549, to be Major. Army nominations beginning with Jeffrey Navy nomination of Rear Adm. Mark E. Air Force nominations beginning with Lee A. Weiss and ending with Richard E. Wolfert, Ferguson III, 0136, to be Vice Admiral. E. Ackley and ending with Clayton D. Wilson which nominations were received by the Sen- Navy nomination of Vice Adm. John C. III, which nominations were received by the ate and appeared in the Congressional Harvey, Jr., 4323, to be Vice Admiral. Senate and appeared in the Congressional Record on January 23, 2008. Army nomination of Maj. Gen. Joseph F. Record on January 23, 2008. Fil, Jr., 0990, to be Lieutenant General. Army nominations beginning with Charles Air Force nominations beginning with Said S. Oleary and ending with Gary B. Tooley, Mr. LEVIN. Mr. President, for the R. Acosta and ending with Cynthia F. Yap, which nominations were received by the Sen- Committee on Armed Services I report which nominations were received by the Sen- ate and appeared in the Congressional favorably the following nomination ate and appeared in the Congressional Record on January 23, 2008. lists which were printed in the Record on January 23, 2008. Army nominations beginning with Patrick Air Force nominations beginning with RECORDS on the dates indicated, and S. Allison and ending with Shaofan K. Xu, Jason E. Macdonald and ending with Derek which nominations were received by the Sen- ask unanimous consent, to save the ex- P. Mims, which nominations were received pense of reprinting on the Executive ate and appeared in the Congressional by the Senate and appeared in the Congres- Record on January 23, 2008. Calendar that these nominations lie at sional Record on January 23, 2008. Army nominations beginning with Edward the Secretary’s desk for the informa- Army nominations beginning with Gerald B. Browning and ending with Billie J. Wis- tion of Senators. K. Bebber and ending with Phillip F. Wright, dom, Jr., which nominations were received The PRESIDING OFFICER. Without which nominations were received by the Sen- by the Senate and appeared in the Congres- ate and appeared in the Congressional objection, it is so ordered. sional Record on January 23, 2008. Record on September 27, 2007. Army nominations beginning with Sandra Air Force nomination of Chevalier P. Army nominations beginning with Manuel G. Apostolos and ending with Marilyn Cleaves, 6145, to be Colonel. Pozoalonso and ending with Rachelle A. Yergler, which nominations were received by Air Force nomination of Jawn M. Sischo, Retoma, which nominations were received by the Senate and appeared in the Congres- 6607, to be Colonel. the Senate and appeared in the Congres- sional Record on January 23, 2008. Air Force nomination of Joaquin Sariego, sional Record on December 19, 2007. Army nomination of Orlando Salinas, 6967, 0059, to be Colonel. Army nomination of Jeffrey P. Short, 6976, to be Colonel. Air Force nominations beginning with to be Major. Army nomination of Debra D. Rice, 3633, to John A. Calcaterra, Jr. and ending with Army nomination of Saqib Ishteeaque, be Colonel. Maria D. Rodriguezrodriguez, which nomina- 7038, to be Major. Army nomination of Robert J. Mouw, 4121, tions were received by the Senate and ap- Army nominations beginning with Wanda to be Colonel. peared in the Congressional Record on Janu- L. Horton and ending with Ruth Slamen, Army nomination of Rabi L. Singh, 2515, to ary 23, 2008. which nominations were received by the Sen- be Major. Air Force nominations beginning with ate and appeared in the Congressional Marine Corps nomination of Lester W. Jerry Alan Arends and ending with Billy L. Record on January 23, 2008. Thompson, 5198, to be Major. Little, Jr., which nominations were received Army nominations beginning with David J. Marine Corps nominations beginning with by the Senate and appeared in the Congres- Barillo and ending with Ian D. Cole, which Russell L. Bergeman and ending with James sional Record on January 23, 2008. nominations were received by the Senate and K. Walker, which nominations were received Air Force nominations beginning with appeared in the Congressional Record on by the Senate and appeared in the Congres- Donnie W. Bethel and ending with Mitchel January 23, 2008. sional Record on January 23, 2008.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.042 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S733 Navy nomination of Thomas J. Harvan, S. 2601. A bill to require the Secretary of of S. 1514, a bill to revise and extend 5049, to be Captain. Agriculture to convey to King and Kittitas provisions under the Garrett Lee Navy nomination of John G. Bruening, Counties Fire District No. 51 a certain parcel Smith Memorial Act. 7092, to be Captain. of real property for use as a site for a new Navy nomination of John M. Dorey, 3429, Snoqualmie Pass fire and rescue station; to S. 1818 to be Captain. the Committee on Energy and Natural Re- At the request of Mr. OBAMA, the Navy nominations beginning with Thomas sources. name of the Senator from Maryland P. Carroll and ending with Gary V. Pascua, By Mr. SALAZAR: (Mr. CARDIN) was added as a cosponsor which nominations were received by the Sen- S. 2602. A bill to amend the Department of of S. 1818, a bill to amend the Toxic ate and appeared in the Congressional the Interior, Environment, and Related Substances Control Act to phase out Record on January 23, 2008. Agencies Appropriations Act, 2008, to termi- the use of mercury in the manufacture Navy nominations beginning with David J. nate the authority of the Secretary of the Robillard and ending with Sherry W. Treasury to deduct amounts from certain of chlorine and caustic soda, and for Wangwhite, which nominations were re- States; to the Committee on Energy and other purposes. ceived by the Senate and appeared in the Natural Resources. S. 1926 Congressional Record on January 23, 2008. f At the request of Mr. DODD, the Navy nomination of Michael V. Misiewicz, names of the Senator from Maryland 7171, to be Commander. SUBMISSION OF CONCURRENT AND (Ms. MIKULSKI), the Senator from Navy nomination of John A. Bowman, 5721, SENATE RESOLUTIONS to be Lieutenant Commander. North Dakota (Mr. DORGAN) and the The following concurrent resolutions (Nominations without an asterisk Senator from Ohio (Mr. BROWN) were and Senate resolutions were read, and were reported with the recommenda- added as cosponsors of S. 1926, a bill to referred (or acted upon), as indicated: tion that they be confirmed.) establish the National Infrastructure By Mr. BIDEN (for himself, Ms. MUR- Bank to provide funding for qualified f KOWSKI, and Mr. HAGEL): infrastructure projects, and for other INTRODUCTION OF BILLS AND S. Res. 444. A resolution expressing the purposes. sense of the Senate regarding the strong alli- JOINT RESOLUTIONS S. 2071 ance that has been forged between the The following bills and joint resolu- United States and the Republic of Korea and At the request of Mrs. FEINSTEIN, the tions were introduced, read the first congratulating Myung-Bak Lee on his elec- name of the Senator from Illinois (Mr. and second times by unanimous con- tion to the presidency of the Republic of DURBIN) was added as a cosponsor of S. sent, and referred as indicated: Korea; to the Committee on Foreign Rela- 2071, a bill to enhance the ability to By Mr. SCHUMER: tions. combat methamphetamine. By Mr. DURBIN: S. 2594. A bill to amend title I of the High- S. 2275 er Education Act of 1965 regarding institu- S. Con. Res. 65. A concurrent resolution celebrating the birth of Abraham Lincoln At the request of Mrs. FEINSTEIN, the tion financial aid offer form requirements; to name of the Senator from New Mexico the Committee on Health, Education, Labor, and recognizing the prominence the Declara- and Pensions. tion of Independence played in the develop- (Mr. BINGAMAN) was added as a cospon- By Mrs. FEINSTEIN (for herself and ment of Abraham Lincoln’s beliefs; to the sor of S. 2275, a bill to prohibit the Mr. MARTINEZ): Committee on the Judiciary. manufacture, sale, or distribution in S. 2595. A bill to create a national licensing f commerce of certain children’s prod- system for residential mortgage loan origi- ucts and child care articles that con- ADDITIONAL COSPONSORS nators, to develop minimum standards of tain phthalates, and for other purposes. conduct to be enforced by State regulators, S. 37 S. 2296 and for other purposes; to the Committee on At the request of Mr. DOMENICI, the At the request of Mr. SCHUMER, the Banking, Housing, and Urban Affairs. name of the Senator from Tennessee By Mr. DEMINT (for himself, Mr. name of the Senator from California LEXANDER COBURN, Mr. INHOFE, Mr. CORNYN, Mr. (Mr. A ) was added as a co- (Mrs. BOXER) was added as a cosponsor VITTER, and Mr. CHAMBLISS): sponsor of S. 37, a bill to enhance the of S. 2296, a bill to provide for improved S. 2596. A bill to rescind funds appropriated management and disposal of spent nu- disclosures by all mortgage lenders at by the Consolidated Appropriations Act, clear fuel and high-level radioactive the loan approval and settlement 2008, for the City of Berkeley, California, and waste, to assure protection of public stages of all mortgage loans. any entities located in such city, and to pro- health safety, to ensure the territorial S. 2439 vide that such funds shall be transferred to integrity and security of the repository At the request of Mr. MENENDEZ, the the Operation and Maintenance, Marine at Yucca Mountain, and for other pur- Corps account of the Department of Defense name of the Senator from Minnesota poses. for the purposes of recruiting; read the first (Mr. COLEMAN) was added as a cospon- time. S. 573 sor of S. 2439, a bill to require the Na- By Mr. LUGAR: At the request of Ms. STABENOW, the tional Incident Based Reporting Sys- S. 2597. A bill to authorize the extension of name of the Senator from Hawaii (Mr. nondiscriminatory treatment (normal trade tem, the Uniform Crime Reporting Pro- INOUYE) was added as a cosponsor of S. relations treatment) to the products of gram, and the Law Enforcement Na- Moldova; to the Committee on Finance. 573, a bill to amend the Federal Food, tional Data Exchange Program to list By Mr. DORGAN (for himself, Mr. Drug, and Cosmetic Act and the Public cruelty to animals as a separate of- BINGAMAN, Mr. LEVIN, Mr. KERRY, Ms. Health Service Act to improve the pre- fense category. vention, diagnosis, and treatment of COLLINS, Mr. LIEBERMAN, and Mr. S. 2549 WYDEN): heart disease, stroke, and other cardio- At the request of Mrs. CLINTON, the S. 2598. A bill to increase the supply and vascular diseases in women. lower the cost of petroleum by temporarily name of the Senator from Maryland S. 1084 suspending the acquisition of petroleum for (Mr. CARDIN) was added as a cosponsor the Strategic Petroleum Reserve; to the At the request of Mr. AKAKA, his of S. 2549, a bill to require the Adminis- Committee on Energy and Natural Re- name was added as a cosponsor of S. trator of the Environmental Protection sources. 1084, a bill to provide housing assist- Agency to establish an Interagency By Mr. CORKER (for himself and Mrs. ance for very low-income veterans. Working Group on Environmental Jus- MCCASKILL): S. 1175 tice to provide guidance to Federal S. 2599. A bill to provide enhanced edu- cation and employment opportunities for At the request of Mr. DURBIN, the agencies on the development of criteria military spouses; to the Committee on Fi- name of the Senator from Washington for identifying disproportionately high nance. (Ms. CANTWELL) was added as a cospon- and adverse human health or environ- By Mr. HARKIN (for himself and Mr. sor of S. 1175, a bill to end the use of mental effects on minority populations GRASSLEY): child soldiers in hostilities around the and low-income populations, and for S. 2600. A bill to provide for the designa- world, and for other purposes. other purposes. tion of a single ZIP code for Windsor S. 1514 S. 2586 Heights, Iowa; to the Committee on Home- land Security and Governmental Affairs. At the request of Mr. DODD, the name At the request of Mr. ROCKEFELLER, By Ms. CANTWELL (for herself and of the Senator from New Jersey (Mr. the name of the Senator from Wash- Mrs. MURRAY): LAUTENBERG) was added as a cosponsor ington (Ms. CANTWELL) was added as a

VerDate Aug 31 2005 04:05 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.032 S06FEPT1 smartinez on PRODPC61 with SENATE S734 CONGRESSIONAL RECORD — SENATE February 6, 2008 cosponsor of S. 2586, a bill to provide ator MARTINEZ to introduce legislation Most mortgage brokers and non-bank States with fiscal relief through a tem- that takes a major step forward in lenders are only lightly regulated by porary increase in the Federal medical curbing the abusive lending practices State agencies. Standards of account- assistance percentage and direct pay- which contributed to the subprime ability have not kept pace with the in- ments to States. mortgage crisis. With foreclosures at creasing sophistication of the mort- S. RES. 432 record levels, the housing market in gage industry. steady decline, a global credit crunch, At the request of Mr. BIDEN, the As adjustable-rate mortgages reset to and the economy nearing recession, it names of the Senator from Georgia higher rates, many American families is imperative that we act quickly to re- (Mr. CHAMBLISS) and the Senator from find themselves in homes they can no store confidence in the American Oregon (Mr. SMITH) were added as co- longer afford. The percentage of home- dream of home ownership. sponsors of S. Res. 432, a resolution owners currently behind on their mort- Our legislation will eliminate bad ac- gage payments is at its highest level in urging the international community to tors from the mortgage business, and 21 years. provide the United Nations-African require that brokers and lenders meet Union Mission in Sudan with essential minimum national standards which en- Mr. President, 2.2 million home- tactical and utility helicopters. sure they are professional, competent, owners filed for foreclosure last year AMENDMENT NO. 3910 and trustworthy. and many lenders have gone out of At the request of Mrs. FEINSTEIN, the First, it would create a comprehen- business or sought bankruptcy protec- name of the Senator from Colorado sive database of all residential mort- tion. (Mr. SALAZAR) was added as a cospon- gage loan originators. This includes It is projected that as many as 2 mil- sor of amendment No. 3910 proposed to mortgage brokers and lenders, as well lion Americans will be forced to file for S. 2248, an original bill to amend the as loan officers of national banks and foreclosure before this crisis abates, Foreign Intelligence Surveillance Act their subsidiaries. representing $160 billion in lost equity. of 1978, to modernize and streamline Second, it would establish national The Center for Responsible Lending the provisions of that Act, and for licensing standards to ensure that has projected that one out of every five other purposes. mortgage brokers and lenders are subprime loans issued between 2005 and AMENDMENT NO. 3927 trained in legal aspects of lending, eth- 2006 will fail. ics, and consumer protection. At the request of Mr. SPECTER, the Our bill is similar to H.R. 3012, intro- California has been especially hard names of the Senator from Michigan duced in the House by Representative hit. Mr. President, 5 of the 10 metro- (Mr. LEVIN) and the Senator from politan areas with the highest fore- SPENCER BACHUS, the Ranking Member Maryland (Mr. CARDIN) were added as of the House Committee on Financial closure rate in the Nation are in Cali- cosponsors of amendment No. 3927 pro- Services. The national licensing con- fornia. The foreclosure rate in Cali- posed to S. 2248, an original bill to cept for loan originators has enjoyed fornia is roughly twice the national av- amend the Foreign Intelligence Sur- bipartisan support and was included in erage, with 1 foreclosure filing for veillance Act of 1978, to modernize and the comprehensive mortgage reform every 258 households in the State. streamline the provisions of that Act, bill, H.R. 3915, which recently passed Lenders repossessed 84,375 California and for other purposes. the House. homes last year, a sixfold increase AMENDMENT NO. 3930 A combination of low interest rates from 12,672 in 2006. Default notices—the At the request of Mr. DURBIN, his and sophisticated mortgage products, initial step in the foreclosure process— name was added as a cosponsor of among other factors, helped increase increased 143 percent between 2006 and amendment No. 3930 proposed to S. home ownership to record levels just 3 2007, rising from 104,977 in 2006 to 2248, an original bill to amend the For- years ago. 254,824 in 2007. In San Diego County eign Intelligence Surveillance Act of Subprime and exotic mortgages al- alone, foreclosures were up 353 percent 1978, to modernize and streamline the lowed millions of Americans—many in 2007. provisions of that Act, and for other with little or no down payment and According to the FBI economic purposes. questionable credit—to purchase homes crimes unit, California has been identi- AMENDMENT NO. 3978 by using adjustable-rate products with fied as one of the top 10 ‘‘mortgage low initial monthly payments. At the request of Mr. WYDEN, the fraud hot spots’’ in the Nation. names of the Senator from New York There was explosive growth in the use of these sub-prime loans: in just 2 American families are hurting, and (Mrs. CLINTON), the Senator from years, from 2004 to 2006, the number of Californians are at the center of the Vermont (Mr. SANDERS), the Senator subprime mortgages in California in- storm. With close to 500,000 adjustable- from Rhode Island (Mr. REED) and the creased 110 percent, from 273,000 to rate mortgages scheduled to reset in Senator from Illinois (Mr. DURBIN) 573,000—29.4 percent of total mortgages California over the next 2 years, the were added as cosponsors of amend- in the State. situation is likely to worsen in 2008. ment No. 3978 intended to be proposed While the majority of lenders and The subprime mortgage crisis has to H.R. 5140, a bill to provide economic brokers offered these mortgages in a threatened both the global economy stimulus through recovery rebates to responsible fashion, many others relied and the American dream of home own- individuals, incentives for business in- upon predatory lending tactics to place ership. Accountability, professional vestment, and an increase in con- unsuspecting borrowers in mortgages standards, and oversight must be en- forming and FHA loan limits. they could not afford. Competitive hanced for everyone in the mortgage f pressures and lax oversight resulted in industry. STATEMENTS ON INTRODUCED loans of increasingly poor quality This bill will make it so, and will BILLS AND JOINT RESOLUTIONS being written. help to ensure such a crisis never hap- To make matters worse, consumers pens again. By Mrs. FEINSTEIN (for herself were not adequately protected from and Mr. MARTINEZ): bad actors in the mortgage industry. Specifically, the S.A.F.E. Mortgage S. 2595. A bill to create a national li- The FBI recently reported that com- Licensing Act would require that all censing system for residential mort- plaints of mortgage fraud have sky- residential mortgage loan originators gage loan originators, to develop min- rocketed over the last few years. are licensed, providing fingerprints, a imum standards of conduct to be en- In 2003, the number of suspicious ac- summary of work experience, and con- forced by State regulators, and for tivity reports reviewed by the FBI eco- sent for a background check to au- other purposes; to the Committee on nomic crimes unit numbered 3,000. The thorities. Banking, Housing, and Urban Affairs. number of mortgage fraud complaints Additionally, minimum criteria are Mrs. FEINSTEIN. Mr. President, I increased to 48,000 last year, rep- established that individuals must meet rise today on behalf of myself and Sen- resenting a jump of 1500 percent. to obtain a license, including: no felony

VerDate Aug 31 2005 03:37 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.027 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S735 convictions; no similar license re- Sec. 8. Secretary of Housing and Urban De- and who performs purely administrative or voked; a demonstrated record of finan- velopment backup authority to clerical tasks on behalf of a person who is de- cial responsibility; successful comple- establish a loan originator li- scribed in any such clause. censing system. (iv) does not include a person or entity tion of education requirements, 20 Sec. 9. Backup authority to establish a na- that only performs real estate brokerage ac- hours of approved courses, to include tionwide mortgage licensing tivities and is licensed or registered in ac- at least 3 hours related to Federal and registry system. cordance with applicable State law, unless laws, 4 hours on ethics and consumer Sec. 10. Fees. the person or entity is compensated by a protection in mortgage lending, and 2 Sec. 11. Background checks of loan origina- lender, a mortgage broker, or other loan hours on the subprime mortgage mar- tors. originator or by any agent of such lender, Sec. 12. Confidentiality of information. mortgage broker, or other loan originator. ketplace; and, passage of a written Sec. 13. Liability provisions. exam, the exam must be at least 100 (B) OTHER DEFINITIONS RELATING TO LOAN Sec. 14. Enforcement under HUD backup li- ORIGINATOR.—For purposes of this sub- questions and a minimum score of 75 censing system. section, an individual ‘‘assists a consumer in percent is required to pass. Sec. 15. Preemption of State law. obtaining or applying to obtain a residential The Federal Reserve, Treasury, and Sec. 16. Reports and recommendations to mortgage loan’’ by, among other things, ad- Federal Deposit Insurance Corporation Congress. vising on loan terms (including rates, fees, Sec. 17. Study and reports on defaults and other costs), preparing loan packages, or col- must also register all residential mort- foreclosures gage loan originators employed by na- lecting information on behalf of the con- SEC. 2. PURPOSES AND METHODS FOR ESTAB- sumer with regard to a residential mortgage tional banks. LISHING A MORTGAGE LICENSING loan. Lastly, State regulators must de- SYSTEM AND REGISTRY. (C) ADMINISTRATIVE OR CLERICAL TASKS.— velop a satisfactory licensing system In order to increase uniformity, reduce regulatory burden, enhance consumer pro- The term ‘‘administrative or clerical tasks’’ within 1 year following enactment of means the receipt, collection, and distribu- tection, and reduce fraud, the States, this legislation. tion of information common for the proc- through the Conference of State Bank Super- essing or underwriting of a loan in the mort- If this does not occur, the Housing visors and the American Association of Resi- gage industry and communication with a and Urban Development Secretary is dential Mortgage Regulators, are hereby en- consumer to obtain information necessary empowered to develop the national reg- couraged to establish a Nationwide Mortgage for the processing or underwriting of a resi- istry and license, generating revenue Licensing System and Registry for the resi- dential mortgage loan. for its implementation through fees to dential mortgage industry that accomplishes (D) REAL ESTATE BROKERAGE ACTIVITY DE- all of the following objectives: license applicants. FINED.—The term ‘‘real estate brokerage ac- (1) Provides uniform license applications The subprime mortgage crisis is tivity’’ means any activity that involves of- wreaking havoc on American home- and reporting requirements for State-li- fering or providing real estate brokerage owners and the national economy. The censed loan originators. services to the public, including— (2) Provides a comprehensive licensing and damage is truly staggering—more than (i) acting as a real estate agent or real es- supervisory database. tate broker for a buyer, seller, lessor, or les- 2 million foreclosure filings last year (3) Aggregates and improves the flow of in- and another 2 million expected before see of real property; formation to and between regulators. (ii) listing or advertising real property for this year is over. (4) Provides increased accountability and sale, purchase, lease, rental, or exchange; Many Americans simply cannot keep tracking of loan originators. (iii) providing advice in connection with pace with adjustable-rate mortgages (5) Streamlines the licensing process and sale, purchase, lease, rental, or exchange of that are resetting, and some were reduces the regulatory burden. real property; steered into these obligations by un- (6) Enhances consumer protections and (iv) bringing together parties interested in supports anti-fraud measures. the sale, purchase, lease, rental, or exchange scrupulous actors. (7) Provides consumers with easily acces- It is essential that this body take ac- of real property; sible information, offered at no charge, uti- (v) negotiating, on behalf of any party, any tion to address some of the factors that lizing electronic media, including the Inter- portion of a contract relating to the sale, got us here. net, regarding the employment history of, purchase, lease, rental, or exchange of real This legislation does not assign and publicly adjudicated disciplinary and en- property (other than in connection with pro- blame, but rather provides a workable forcement actions against, loan originators. viding financing with respect to any such solution to protect homebuyers and SEC. 3. DEFINITIONS. transaction); begin to restore confidence in the For purposes of this Act, the following (vi) engaging in any activity for which a American dream of homeownership. definitions shall apply: person engaged in the activity is required to I hope that my colleagues will join us (1) FEDERAL BANKING AGENCIES.—The term be registered or licensed as a real estate ‘‘Federal banking agencies’’ means the Board agent or real estate broker under any appli- in moving this important bill through of Governors of the Federal Reserve System, cable law; and the Senate quickly. the Comptroller of the Currency, the Direc- (vii) offering to engage in any activity, or Mr. President, I ask unanimous con- tor of the Office of Thrift Supervision, the act in any capacity, described in clause (i), sent that the text of the bill be printed National Credit Union Administration, and (ii), (iii), (iv), (v), or (vi). in the RECORD. the Federal Deposit Insurance Corporation. (4) LOAN PROCESSOR OR UNDERWRITER.— There being no objection, the text of (2) DEPOSITORY INSTITUTION.—The term (A) IN GENERAL.—The term ‘‘loan processor the bill was ordered to be printed in ‘‘depository institution’’ has the same mean- or underwriter’’ means an individual who ing as in section 3 of the Federal Deposit In- performs clerical or support duties at the di- the RECORD, as follows: surance Act, and includes any credit union. rection of and subject to the supervision and S. 2595 (3) LOAN ORIGINATOR.— instruction of— Be it enacted by the Senate and House of Rep- (A) IN GENERAL.—The term ‘‘loan origi- (i) a State-licensed loan originator; or resentatives of the United States of America in nator’’— (ii) a registered loan originator. Congress assembled, (i) means an individual who— (B) CLERICAL OR SUPPORT DUTIES.—For pur- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (I) takes a residential mortgage loan appli- poses of subparagraph (A), the term ‘‘clerical (a) SHORT TITLE.—This Act may be cited as cation; or support duties’’ may include— the ‘‘Secure and Fair Enforcement for Mort- (II) assists a consumer in obtaining or ap- (i) the receipt, collection, distribution, and gage Licensing Act of 2008’’ or ‘‘S.A.F.E. plying to obtain a residential mortgage loan; analysis of information common for the Mortgage Licensing Act of 2008’’. or processing or underwriting of a residential (b) TABLE OF CONTENTS.—The table of con- (III) offers or negotiates terms of a residen- mortgage loan; and tents for this Act is as follows: tial mortgage loan, for direct or indirect (ii) communicating with a consumer to ob- Sec. 1. Short title; table of contents. compensation or gain, or in the expectation tain the information necessary for the proc- Sec. 2. Purposes and methods for estab- of direct or indirect compensation or gain; essing or underwriting of a loan, to the ex- lishing a mortgage licensing (ii) includes any individual who represents tent that such communication does not in- system and registry. to the public, through advertising or other clude offering or negotiating loan rates or Sec. 3. Definitions. means of communicating or providing infor- terms, or counseling consumers about resi- Sec. 4. License or registration required. mation (including the use of business cards, dential mortgage loan rates or terms. Sec. 5. State license and registration appli- stationery, brochures, signs, rate lists, or (5) NATIONWIDE MORTGAGE LICENSING SYS- cation and issuance. other promotional items), that such indi- TEM AND REGISTRY.—The term ‘‘Nationwide Sec. 6. Standards for State license renewal. vidual can or will provide or perform any of Mortgage Licensing System and Registry’’ Sec. 7. System of registration administra- the activities described in clause (i); means a mortgage licensing system devel- tion by Federal banking agen- (iii) does not include any individual who is oped and maintained by the Conference of cies. not otherwise described in clause (i) or (ii) State Bank Supervisors and the American

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.047 S06FEPT1 smartinez on PRODPC61 with SENATE S736 CONGRESSIONAL RECORD — SENATE February 6, 2008 Association of Residential Mortgage Regu- SEC. 4. LICENSE OR REGISTRATION REQUIRED. (B) 3 hours of ethics, which shall include lators for the State licensing and registra- (a) IN GENERAL.—An individual may not instruction on fraud, consumer protection, tion of State-licensed loan originators and engage in the business of a loan originator and fair lending issues; and the registration of registered loan origina- without first— (C) 2 hours of training related to lending tors or any system established by the Sec- (1) obtaining and maintaining, through an standards for the subprime mortgage mar- retary under section 9. annual renewal— ketplace. (6) REGISTERED LOAN ORIGINATOR.—The (A) a registration as a registered loan (2) APPROVED EDUCATIONAL COURSES.—For term ‘‘registered loan originator’’ means any originator; or purposes of paragraph (1), pre-licensing edu- individual who— (B) a license and registration as a State-li- cation courses shall be reviewed, and ap- proved by the Nationwide Mortgage Licens- (A) meets the definition of loan originator censed loan originator; and ing System and Registry. and is an employee of a depository institu- (2) obtaining a unique identifier. (3) LIMITATION AND STANDARDS.— tion or a wholly-owned subsidiary of a depos- (b) LOAN PROCESSORS AND UNDERWRITERS.— (A) LIMITATION.—To maintain the inde- (1) SUPERVISED LOAN PROCESSORS AND UN- itory institution; and pendence of the approval process, the Na- DERWRITERS.—A loan processor or under- (B) is registered with, and maintains a tionwide Mortgage Licensing System and writer who does not represent to the public, unique identifier through, the Nationwide Registry shall not directly or indirectly offer through advertising or other means of com- Mortgage Licensing System and Registry. pre-licensure educational courses for loan municating or providing information (in- (7) RESIDENTIAL MORTGAGE LOAN.—The originators. cluding the use of business cards, stationery, term ‘‘residential mortgage loan’’ means any (B) STANDARDS.—In approving courses brochures, signs, rate lists, or other pro- loan primarily for personal, family, or house- under this section, the Nationwide Mortgage motional items), that such individual can or hold use that is secured by a mortgage, deed Licensing System and Registry shall apply will perform any of the activities of a loan of trust, or other equivalent consensual secu- reasonable standards in the review and ap- originator shall not be required to be a rity interest on a dwelling (as defined in sec- proval of courses. State-licensed loan originator or a registered tion 103(v) of the Truth in Lending Act) or (d) TESTING OF LOAN ORIGINATORS.— loan originator. residential real estate upon which is con- (1) IN GENERAL.—In order to meet the writ- structed or intended to be constructed a (2) INDEPENDENT CONTRACTORS.—A loan ten test requirement referred to in sub- dwelling (as so defined). processor or underwriter may not work as an section (b)(5), an individual shall pass, in ac- independent contractor unless such proc- (8) SECRETARY.—The term ‘‘Secretary’’ cordance with the standards established essor or underwriter is a State-licensed loan means the Secretary of Housing and Urban under this subsection, a qualified written originator or a registered loan originator. Development. test developed by the Nationwide Mortgage (9) STATE-LICENSED LOAN ORIGINATOR.—The SEC. 5. STATE LICENSE AND REGISTRATION AP- Licensing System and Registry and adminis- term ‘‘State-licensed loan originator’’ means PLICATION AND ISSUANCE. tered by an approved test provider. any individual who— (a) BACKGROUND CHECKS.—In connection (2) QUALIFIED TEST.—A written test shall (A) is a loan originator; with an application to any State for licens- not be treated as a qualified written test for (B) is not an employee of a depository in- ing and registration as a State-licensed loan purposes of paragraph (1) unless— stitution or any wholly-owned subsidiary of originator, the applicant shall, at a min- (A) the test consists of a minimum of 100 a depository institution; and imum, furnish to the Nationwide Mortgage questions; and (C) is licensed by a State or by the Sec- Licensing System and Registry information (B) the test adequately measures the appli- retary under section 8 and registered as a concerning the applicant’s identity, includ- cant’s knowledge and comprehension in ap- loan originator with, and maintains a unique ing— propriate subject areas, including— identifier through, the Nationwide Mortgage (1) fingerprints for submission to the Fed- (i) ethics; Licensing System and Registry. eral Bureau of Investigation, and any gov- (ii) Federal law and regulation pertaining to mortgage origination; (10) SUBPRIME MORTGAGE.—The term ernmental agency or entity authorized to re- (iii) State law and regulation pertaining to ‘‘subprime mortgage’’ means a residential ceive such information for a State and na- mortgage origination; and mortgage loan— tional criminal history background check; (iv) Federal and State law and regulation, (A) that is secured by real property that is and including instruction on fraud, consumer used or intended to be used as a principal (2) personal history and experience, includ- protection, subprime mortgage marketplace, dwelling; ing authorization for the System to obtain— (A) an independent credit report obtained and fair lending issues. (B) that is typically offered to borrowers from a consumer reporting agency described (3) MINIMUM COMPETENCE.— having weakened credit histories and re- in section 603(p) of the Fair Credit Reporting (A) PASSING SCORE.—An individual shall duced repayment capacity, as measured by Act; and not be considered to have passed a qualified lower credit scores, debt-to-income ratios, (B) information related to any administra- written test unless the individual achieves a and other relevant criteria; and tive, civil or criminal findings by any gov- test score of not less than 75 percent correct (C) the characteristics of which may in- ernmental jurisdiction. answers to questions. clude— (B) INITIAL RETESTS.—An individual may (i) low initial payments based on a fixed in- (b) ISSUANCE OF LICENSE.—The minimum standards for licensing and registration as a retake a test 3 consecutive times with each troductory rate that expires after a short pe- State-licensed loan originator shall include consecutive taking occurring in less than 14 riod and then adjusts to a variable index rate the following: days after the preceding test. plus a margin for the remaining term of the (1) The applicant has never had a loan (C) SUBSEQUENT RETESTS.—After 3 consecu- loan; originator or similar license revoked in any tive tests, an individual shall wait at least 14 (ii) very high or no limits on how much the governmental jurisdiction. days before taking the test again. payment amount or the interest rate may in- (2) The applicant has never been convicted (D) RETEST AFTER LAPSE OF LICENSE.—A crease (referred to as ‘‘payment caps’’ or of, or pled guilty or nolo contendere to, a fel- State-licensed loan originator who fails to ‘‘rate caps’’) on reset dates; ony in a domestic, foreign, or military court. maintain a valid license for a period of 5 (iii) limited or no documentation of the in- (3) The applicant has demonstrated finan- years or longer shall retake the test, not come of the borrower; cial responsibility, character, and general taking into account any time during which (iv) product features likely to result in fre- fitness such as to command the confidence of such individual is a registered loan origi- quent refinancing to maintain an affordable the community and to warrant a determina- nator. monthly payment; and tion that the loan originator will operate (e) MORTGAGE CALL REPORTS.—Each mort- gage licensee shall submit to the Nationwide (v) substantial prepayment penalties or honestly, fairly, and efficiently within the Mortgage Licensing System and Registry re- prepayment penalties that extend beyond purposes of this Act. ports of condition, which shall be in such the initial fixed interest rate period. (4) The applicant has completed the pre-li- form and shall contain such information as (11) UNIQUE IDENTIFIER.—The term ‘‘unique censing education requirement described in identifier’’ means a number or other identi- the Nationwide Mortgage Licensing System subsection (c). and Registry may require. fier that— (5) The applicant has passed a written test (A) permanently identifies a loan origi- SEC. 6. STANDARDS FOR STATE LICENSE RE- that meets the test requirement described in NEWAL. nator; and subsection (d). (a) IN GENERAL.—The minimum standards (B) is assigned by protocols established by (c) PRE-LICENSING EDUCATION OF LOAN for license renewal for State-licensed loan the Nationwide Mortgage Licensing System ORIGINATORS.— originators shall include the following: and Registry and the Federal banking agen- (1) MINIMUM EDUCATIONAL REQUIREMENTS.— (1) The loan originator continues to meet cies to facilitate electronic tracking of loan In order to meet the pre-licensing education the minimum standards for license issuance. originators and uniform identification of, requirement referred to in subsection (b)(4), (2) The loan originator has satisfied the an- and public access to, the employment his- a person shall complete at least 20 hours of nual continuing education requirements de- tory of and the publicly adjudicated discipli- education approved in accordance with para- scribed in subsection (b). nary and enforcement actions against loan graph (2), which shall include at least— (b) CONTINUING EDUCATION FOR STATE-LI- originators. (A) 3 hours of Federal law and regulations; CENSED LOAN ORIGINATORS.—

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(1) IN GENERAL.—In order to meet the an- (1) UNIQUE IDENTIFIER.—The Federal bank- loan originators operating in the State are nual continuing education requirements re- ing agencies, through the Financial Institu- registered with Nationwide Mortgage Licens- ferred to in subsection (a)(2), a State-li- tions Examination Council, shall coordinate ing System and Registry. censed loan originator shall complete at with the Nationwide Mortgage Licensing (3) The State loan originator supervisory least 8 hours of education approved in ac- System and Registry to establish protocols authority is required to regularly report vio- cordance with paragraph (2), which shall in- for assigning a unique identifier to each reg- lations of such law, as well as enforcement clude at least— istered loan originator that will facilitate actions and other relevant information, to (A) 3 hours of Federal law and regulations; electronic tracking and uniform identifica- the Nationwide Mortgage Licensing System (B) 2 hours of ethics, which shall include tion of, and public access to, the employ- and Registry. instruction on fraud, consumer protection, ment history of and publicly adjudicated dis- (e) TEMPORARY EXTENSION OF PERIOD.—The and fair lending issues; and ciplinary and enforcement actions against Secretary may extend, by not more than 12 (C) 2 hours of training related to lending loan originators. months, the 1-year or 2-year period, as the standards for the subprime mortgage mar- (2) NATIONWIDE MORTGAGE LICENSING SYS- case may be, referred to in subsection (a) for ketplace. TEM AND REGISTRY DEVELOPMENT.—To facili- the licensing of loan originators in any State (2) APPROVED EDUCATIONAL COURSES.—For tate the transfer of information required by under a State licensing law that meets the purposes of paragraph (1), continuing edu- subsection (a)(2), the Nationwide Mortgage requirements of sections 5 and 6 and sub- cation courses shall be reviewed, and ap- Licensing System and Registry shall coordi- section (d) if the Secretary determines that proved by the Nationwide Mortgage Licens- nate with the Federal banking agencies, such State is making a good faith effort to ing System and Registry. through the Financial Institutions Examina- establish a State licensing law that meets (3) CALCULATION OF CONTINUING EDUCATION tion Council, concerning the development such requirements, license mortgage origina- CREDITS.—A State-licensed loan originator— and operation, by such System and Registry, tors under such law, and register such origi- (A) may only receive credit for a con- of the registration functionality and data re- nators with the Nationwide Mortgage Li- tinuing education course in the year in quirements for loan originators. censing System and Registry. which the course is taken; and (c) CONSIDERATION OF FACTORS AND PROCE- (f) LIMITATION ON HUD-LICENSED LOAN (B) may not take the same approved course DURES.—In establishing the registration pro- ORIGINATORS.—Any loan originator who is li- in the same or successive years to meet the cedures under subsection (a) and the proto- censed by the Secretary under a system es- annual requirements for continuing edu- cols for assigning a unique identifier to a tablished under this section for any State cation. registered loan originator, the Federal bank- may not use such license to originate loans in any other State. (4) INSTRUCTOR CREDIT.—A State-licensed ing agencies shall make such de minimis ex- (g) CONTRACTING AUTHORITY.—The Sec- loan originator who is approved as an in- ceptions as may be appropriate to para- retary may enter into contracts with quali- structor of an approved continuing education graphs (1)(A) and (2) of section 4(a), shall fied independent parties, as necessary to effi- course may receive credit for the origina- make reasonable efforts to utilize existing ciently fulfill the obligations of the Sec- tor’s own annual continuing education re- information to minimize the burden of reg- retary under this Section. quirement at the rate of 2 hours credit for istering loan originators, and shall consider every 1 hour taught. methods for automating the process to the SEC. 9. BACKUP AUTHORITY TO ESTABLISH A NA- greatest extent practicable consistent with TIONWIDE MORTGAGE LICENSING (5) LIMITATION AND STANDARDS.— AND REGISTRY SYSTEM. the purposes of this Act. (A) LIMITATION.—To maintain the inde- If at any time the Secretary determines pendence of the approval process, the Na- SEC. 8. SECRETARY OF HOUSING AND URBAN DE- that the Nationwide Mortgage Licensing tionwide Mortgage Licensing System and VELOPMENT BACKUP AUTHORITY TO ESTABLISH A LOAN ORIGINATOR System and Registry is failing to meet the Registry shall not directly or indirectly offer requirements and purposes of this Act for a any continuing education courses for loan LICENSING SYSTEM. (a) BACK UP LICENSING SYSTEM.—If, by the comprehensive licensing, supervisory, and originators. end of the 1-year period, or the 2-year period tracking system for loan originators, the (B) STANDARDS.—In approving courses in the case of a State whose legislature Secretary shall establish and maintain such under this section, the Nationwide Mortgage meets only biennially, beginning on the date a system to carry out the purposes of this Licensing System and Registry shall apply of the enactment of this Act or at any time Act and the effective registration and regu- reasonable standards in the review and ap- thereafter, the Secretary determines that a lation of loan originators. proval of courses. State does not have in place by law or regu- SEC. 10. FEES. SEC. 7. SYSTEM OF REGISTRATION ADMINISTRA- lation a system for licensing and registering The Federal banking agencies, the Sec- TION BY FEDERAL BANKING AGEN- loan originators that meets the require- retary, and the Nationwide Mortgage Licens- CIES. ments of sections 5 and 6 and subsection (d) ing System and Registry may charge reason- (a) DEVELOPMENT.— of this section, or does not participate in the able fees to cover the costs of maintaining (1) IN GENERAL.—The Federal banking Nationwide Mortgage Licensing System and and providing access to information from the agencies shall jointly, through the Federal Registry, the Secretary shall provide for the Nationwide Mortgage Licensing System and Financial Institutions Examination Council, establishment and maintenance of a system Registry, to the extent that such fees are not develop and maintain a system for reg- for the licensing and registration by the Sec- charged to consumers for access to such sys- istering employees of depository institutions retary of loan originators operating in such tem and registry. or subsidiaries of depository institutions as State as State-licensed loan originators. SEC. 11. BACKGROUND CHECKS OF LOAN ORIGI- registered loan originators with the Nation- (b) LICENSING AND REGISTRATION REQUIRE- NATORS. wide Mortgage Licensing System and Reg- MENTS.—The system established by the Sec- (a) ACCESS TO RECORDS.—Notwithstanding istry. The system shall be implemented be- retary under subsection (a) for any State any other provision of law, in providing iden- fore the end of the 1-year period beginning shall meet the requirements of sections 5 and tification and processing functions, the At- on the date of the enactment of this Act. 6 for State-licensed loan originators. torney General shall provide access to all (2) REGISTRATION REQUIREMENTS.—In con- (c) UNIQUE IDENTIFIER.—The Secretary criminal history information to the appro- nection with the registration of any loan shall coordinate with the Nationwide Mort- priate State officials responsible for regu- originator who is an employee of a deposi- gage Licensing System and Registry to es- lating State-licensed loan originators to the tory institution or a wholly-owned sub- tablish protocols for assigning a unique iden- extent criminal history background checks sidiary of a depository institution with the tifier to each loan originator licensed by the are required under the laws of the State for Nationwide Mortgage Licensing System and Secretary as a State-licensed loan originator the licensing of such loan originators. Registry, the appropriate Federal banking that will facilitate electronic tracking and (b) AGENT.—For the purposes of this sec- agency shall, at a minimum, furnish or cause uniform identification of, and public access tion and in order to reduce the points of con- to be furnished to the Nationwide Mortgage to, the employment history of and the pub- tact which the Federal Bureau of Investiga- Licensing System and Registry information licly adjudicated disciplinary and enforce- tion may have to maintain for purposes of concerning the employees’s identity, includ- ment actions against loan originators. subsection (a), the Conference of State Bank ing— (d) STATE LICENSING LAW REQUIREMENTS.— Supervisors or a wholly owned subsidiary (A) fingerprints for submission to the Fed- For purposes of this section, the law in effect may be used as a channeling agent of the eral Bureau of Investigation, and any gov- in a State meets the requirements of this States for requesting and distributing infor- ernmental agency or entity authorized to re- subsection if the Secretary determines the mation between the Department of Justice ceive such information for a State and na- law satisfies the following minimum require- and the appropriate State agencies. tional criminal history background check; ments: SEC. 12. CONFIDENTIALITY OF INFORMATION. and (1) A State loan originator supervisory au- (a) SYSTEM CONFIDENTIALITY.—Except as (B) personal history and experience, in- thority is maintained to provide effective su- otherwise provided in this section, any re- cluding authorization for the Nationwide pervision and enforcement of such law, in- quirement under Federal or State law re- Mortgage Licensing System and Registry to cluding the suspension, termination, or non- garding the privacy or confidentiality of any obtain information related to any adminis- renewal of a license for a violation of State information or material provided to the Na- trative, civil or criminal findings by any or Federal law. tionwide Mortgage Licensing System and governmental jurisdiction. (2) The State loan originator supervisory Registry or a system established by the Sec- (b) COORDINATION.— authority ensures that all State-licensed retary under section 9, and any privilege

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arising under Federal or State law (including (1) IN GENERAL.—If the Secretary estab- ceedings, the Secretary may enter a tem- the rules of any Federal or State court) with lishes a licensing system under section 8 for porary order requiring the respondent to respect to such information or material, any State, the Secretary shall appoint exam- cease and desist from the violation or threat- shall continue to apply to such information iners for the purposes of administering such ened violation and to take such action to or material after the information or mate- section. prevent the violation or threatened violation rial has been disclosed to the system. Such (2) POWER TO EXAMINE.—Any examiner ap- and to prevent dissipation or conversion of information and material may be shared pointed under paragraph (1) shall have assets, significant harm to consumers, or with all State and Federal regulatory offi- power, on behalf of the Secretary, to make substantial harm to the public interest as cials with mortgage industry oversight au- any examination of any loan originator oper- the Secretary deems appropriate pending thority without the loss of privilege or the ating in any State which is subject to a li- completion of such proceedings. Such an loss of confidentiality protections provided censing system established by the Secretary order shall be entered only after notice and by Federal and State laws. under section 8 whenever the Secretary de- opportunity for a hearing, unless the Sec- (b) NONAPPLICABILITY OF CERTAIN REQUIRE- termines an examination of any loan origi- retary determines that notice and hearing MENTS.—Information or material that is sub- nator is necessary to determine the compli- prior to entry would be impracticable or con- ject to a privilege or confidentiality under ance by the originator with this Act. trary to the public interest. A temporary subsection (a) shall not be subject to— (3) REPORT OF EXAMINATION.—Each exam- order shall become effective upon service (1) disclosure under any Federal or State iner appointed under paragraph (1) shall upon the respondent and, unless set aside, law governing the disclosure to the public of make a full and detailed report of examina- limited, or suspended by the Secretary or a information held by an officer or an agency tion of any loan originator examined to the court of competent jurisdiction, shall remain of the Federal Government or the respective Secretary. effective and enforceable pending the com- State; or (4) ADMINISTRATION OF OATHS AND AFFIRMA- pletion of the proceedings. (2) subpoena or discovery, or admission TIONS; EVIDENCE.—In connection with exami- (4) REVIEW OF TEMPORARY ORDERS.— into evidence, in any private civil action or nations of loan originators operating in any (A) REVIEW BY SECRETARY.—At any time administrative process, unless with respect State which is subject to a licensing system after the respondent has been served with a to any privilege held by the Nationwide established by the Secretary under section 8, temporary cease-and-desist order pursuant Mortgage Licensing System and Registry or or with other types of investigations to de- to paragraph (3), the respondent may apply the Secretary with respect to such informa- termine compliance with applicable law and to the Secretary to have the order set aside, tion or material, the person to whom such regulations, the Secretary and examiners ap- limited, or suspended. If the respondent has information or material pertains waives, in pointed by the Secretary may administer been served with a temporary cease-and-de- whole or in part, in the discretion of such oaths and affirmations and examine and take sist order entered without a prior hearing be- person, that privilege. and preserve testimony under oath as to any fore the Secretary, the respondent may, (c) COORDINATION WITH OTHER LAW.—Any matter in respect to the affairs of any such within 10 days after the date on which the State law, including any State open record loan originator. order was served, request a hearing on such law, relating to the disclosure of confidential (5) ASSESSMENTS.—The cost of conducting application and the Secretary shall hold a supervisory information or any information any examination of any loan originator oper- hearing and render a decision on such appli- ating in any State which is subject to a li- or material described in subsection (a) that cation at the earliest possible time. censing system established by the Secretary is inconsistent with subsection (a) shall be (B) JUDICIAL REVIEW.—Within— under section 8 shall be assessed by the Sec- superseded by the requirements of such pro- (i) 10 days after the date the respondent retary against the loan originator to meet vision to the extent State law provides less was served with a temporary cease-and-de- the Secretary’s expenses in carrying out confidentiality or a weaker privilege. sist order entered with a prior hearing before such examination. (d) PUBLIC ACCESS TO INFORMATION.—This the Secretary; or (c) CEASE AND DESIST PROCEEDING.— section shall not apply with respect to the (ii) 10 days after the Secretary renders a (1) AUTHORITY OF SECRETARY.—If the Sec- information or material relating to the em- retary finds, after notice and opportunity for decision on an application and hearing under ployment history of, and publicly adju- hearing, that any person is violating, has paragraph (1), with respect to any temporary dicated disciplinary and enforcement actions violated, or is about to violate any provision cease-and-desist order entered without a against, loan originators that is included in of this Act, or any regulation thereunder, prior hearing before the Secretary, Nationwide Mortgage Licensing System and with respect to a State which is subject to a the respondent may apply to the United Registry for access by the public. licensing system established by the Sec- States district court for the district in which SEC. 13. LIABILITY PROVISIONS. retary under section 8, the Secretary may the respondent resides or has its principal The Secretary, any State official or agen- publish such findings and enter an order re- place of business, or for the District of Co- cy, any Federal banking agency, or any orga- quiring such person, and any other person lumbia, for an order setting aside, limiting, nization serving as the administrator of the that is, was, or would be a cause of the viola- or suspending the effectiveness or enforce- Nationwide Mortgage Licensing System and tion, due to an act or omission the person ment of the order, and the court shall have Registry or a system established by the Sec- knew or should have known would con- jurisdiction to enter such an order. A re- retary under section 9, or any officer or em- tribute to such violation, to cease and desist spondent served with a temporary cease-and- ployee of any such entity, shall not be sub- from committing or causing such violation desist order entered without a prior hearing ject to any civil action or proceeding for and any future violation of the same provi- before the Secretary may not apply to the monetary damages by reason of the good- sion, rule, or regulation. Such order may, in court except after hearing and decision by faith action or omission of any officer or em- addition to requiring a person to cease and the Secretary on the respondent’s applica- ployee of any such entity, while acting with- desist from committing or causing a viola- tion under subparagraph (A). in the scope of office or employment, relat- tion, require such person to comply, or to (C) NO AUTOMATIC STAY OF TEMPORARY ing to the collection, furnishing, or dissemi- take steps to effect compliance, with such ORDER.—The commencement of proceedings nation of information concerning persons provision or regulation, upon such terms and under subparagraph (B) shall not, unless spe- who are loan originators or are applying for conditions and within such time as the Sec- cifically ordered by the court, operate as a licensing or registration as loan originators. retary may specify in such order. Any such stay of the Secretary’s order. SEC. 14. ENFORCEMENT UNDER HUD BACKUP LI- order may, as the Secretary deems appro- (5) AUTHORITY OF THE SECRETARY TO PRO- CENSING SYSTEM. priate, require future compliance or steps to HIBIT PERSONS FROM SERVING AS LOAN ORIGI- (a) SUMMONS AUTHORITY.—The Secretary effect future compliance, either permanently NATORS.—In any cease-and-desist proceeding may— or for such period of time as the Secretary under paragraph (1), the Secretary may issue (1) examine any books, papers, records, or may specify, with such provision or regula- an order to prohibit, conditionally or uncon- other data of any loan originator operating tion with respect to any loan originator. ditionally, and permanently or for such pe- in any State which is subject to a licensing (2) HEARING.—The notice instituting pro- riod of time as the Secretary shall deter- system established by the Secretary under ceedings pursuant to paragraph (1) shall fix a mine, any person who has violated this Act section 8; and hearing date not earlier than 30 days nor or regulations thereunder, from acting as a (2) summon any loan originator referred to later than 60 days after service of the notice loan originator if the conduct of that person in paragraph (1) or any person having posses- unless an earlier or a later date is set by the demonstrates unfitness to serve as a loan sion, custody, or care of the reports and Secretary with the consent of any respond- originator. records relating to such loan originator, to ent so served. (d) AUTHORITY OF THE SECRETARY TO AS- appear before the Secretary or any delegate (3) TEMPORARY ORDER.—Whenever the Sec- SESS MONEY PENALTIES.— of the Secretary at a time and place named retary determines that the alleged violation (1) IN GENERAL.—The Secretary may im- in the summons and to produce such books, or threatened violation specified in the no- pose a civil penalty on a loan originator op- papers, records, or other data, and to give tice instituting proceedings pursuant to erating in any State which is subject to li- testimony, under oath, as may be relevant or paragraph (1), or the continuation thereof, is censing system established by the Secretary material to an investigation of such loan likely to result in significant dissipation or under section 8, if the Secretary finds, on the originator for compliance with the require- conversion of assets, significant harm to record after notice and opportunity for hear- ments of this Act. consumers, or substantial harm to the public ing, that such loan originator has violated or (b) EXAMINATION AUTHORITY.— interest prior to the completion of the pro- failed to comply with any requirement of

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.022 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S739 this Act or any regulation prescribed by the The U.S. enjoys good relations with contributions include significant Secretary under this Act or order issued Moldova and has encouraged Moldovan demining capabilities and contingents under subsection (c). efforts to integrate with Euro-Atlantic of combat troops. I am pleased that the (2) MAXIMUM AMOUNT OF PENALTY.—The institutions. Moldova is an active par- U.S. remains prepared to assist in maximum amount of penalty for each act or ticipant in Guam, Georgia, Ukraine, omission described in paragraph (1) shall be weapons and ammunition disposal and $5,000 for each day the violation continues. Azerbaijan and Moldova, a group of force relocation assistance to help deal SEC. 15. PREEMPTION OF STATE LAW. countries that has recently concluded a with the costs of military realignments Nothing in this Act may be construed to new trade agreement with the EU. in Moldova and to assist with military preempt the law of any State, to the extent Since declaring independence from downsizing and reforms. that such State law provides greater protec- the Soviet Union in 1992, Moldova has One of the areas where we can deepen tion to consumers than is provided under enacted a series of democratic and free U.S.-Moldovan relations is bilateral this Act. market reforms. In 2001, Moldova be- trade. In light of its adherence to free- SEC. 16. REPORTS AND RECOMMENDATIONS TO came a member of the World Trade Or- dom of emigration requirements, com- CONGRESS. ganization. Until the U.S. terminates pliance with threat reduction and co- (a) ANNUAL REPORTS.—Not later than 1 application of Jackson-Vanik on year after the date of enactment of this Act, operation in the global war on ter- and annually thereafter, the Secretary shall Moldova, the U.S. will not benefit from rorism, the products of Moldova should submit a report to Congress on the effective- Moldova’s market access commitments not be subject to the sanctions of Jack- ness of the provisions of this Act, including nor can it resort to WTO dispute reso- son-Vanik. The U.S. must remain com- legislative recommendations, if any, for lution mechanisms. While all other mitted and engaged in assisting strengthening consumer protections, enhanc- WTO members currently enjoy these Moldova in pursuing economic and de- ing examination standards, and streamlining benefits, the U.S. does not. velopment reforms. The government in communication between all stakeholders in- The Republic of Moldova has been Chisinau still has important work to volved in residential mortgage loan origina- evaluated every year and granted nor- tion and processing. mal trade relations with the U.S. do in these critical areas. The support (b) LEGISLATIVE RECOMMENDATIONS.—Not through annual presidential waivers and encouragement of the U.S. and the later than 6 months after the date of enact- international community will be key ment of this Act, the Secretary shall make from the effects of Jackson-Vanik. The Moldovan constitution guarantees its to encouraging the Government of recommendations to Congress on legislative Moldova to take the necessary steps to reforms to the Real Estate Settlement Pro- citizens the right to emigrate and this cedures Act of 1974, that the Secretary deems right is respected in practice. Most initiate reform. The permanent waiver appropriate to promote more transparent emigration restrictions were elimi- of Jackson-Vanik and establishment of disclosures, allowing consumers to better nated in 1991 and virtually no problems permanent normal trade relations will shop and compare mortgage loan terms and with emigration have been reported in be the foundation on which further settlement costs. the 16 years since independence. More progress in a burgeoning economic and SEC. 17. STUDY AND REPORTS ON DEFAULTS AND energy partnership can be made. FORECLOSURES. specifically, Moldova does not impose emigration restrictions on members of I am hopeful that my colleagues will (a) STUDY REQUIRED.—The Secretary shall join me in supporting this important conduct an extensive study of the root the Jewish community. Synagogues causes of default and foreclosure of home function openly and without harass- legislation. It is essential that we act loans, using as much empirical data as is ment. As a result, the Administration promptly to bolster this important re- available. finds that Moldova is in full compli- lationship and promote stability in (b) PRELIMINARY REPORT TO CONGRESS.— ance with Jackson-Vanik’s provisions. this region. Not later than 6 months after the date of en- Since declaring independence from actment of this Act, the Secretary shall sub- By Mr. DORGAN (for himself, Mr. mit to Congress a preliminary report regard- the Soviet Union in 1992, Moldova has enacted a series of democratic and free BINGAMAN, Mr. LEVIN, Mr. ing the study required by this section. KERRY, Ms. COLLINS, Mr. (c) FINAL REPORT TO CONGRESS.—Not later market reforms. Parliamentary elec- LIEBERMAN, and Mr. WYDEN): than 12 months after the date of enactment tions in 2005 and local elections in 2007 of this Act, the Secretary shall submit to generally complied with international S. 2598. A bill to increase the supply Congress a final report regarding the results standards for democratic elections. and lower the cost of petroleum by of the study required by this section, which Moldova has also contributed construc- temporarily suspending the acquisition shall include any recommended legislation tively towards a resolution of the long- of petroleum for the Strategic Petro- relating to the study, and recommendations standing separatist conflict in the leum Reserve; to the Committee on En- for best practices and for a process to pro- ergy and Natural Resources. vide targeted assistance to populations with country’s Transniestria region, most recently by proposing a series of con- Mr. DORGAN. Mr. President, today I the highest risk of potential default or fore- am pleased to introduce the Strategic closure. fidence-building measures and working groups. Petroleum Reserve Fill Suspension and By Mr. LUGAR: The U.S. and Moldova have estab- Consumer Protection Act of 2007. This S. 2597. A bill to authorize the exten- lished a strong record of achievement bill directs the Secretary of Energy to sion of nondiscriminatory treatment in security cooperation. In 1997 the suspend filling of the U.S. Strategic (normal trade relations treatment) to Nunn-Lugar Cooperative Threat Reduc- Petroleum Reserve, SPR, for 1 year. I the products of Moldova; to the Com- tion Program responded to a Moldovan appreciate that Senators BINGAMAN, mittee on Finance. request for assistance. The U.S. pur- LEVIN, KERRY, COLLINS, LIEBERMAN, Mr. LUGAR. Mr. President, I rise chased and secured 14 nuclear-capable and WYDEN have joined me as original today to introduce legislation designed MiG–29Cs from Moldova. These fighter cosponsors of this legislation. This bill to extend permanent normal trade re- aircraft were built by the former So- directs the Secretary to stop filling the lations to Moldova. Moldova is still viet Union to launch nuclear weapons. reserve through direct purchase, roy- subject to the provisions of the Jack- Moldova expressed concern that these alty-in-kind or any other measures. son-Vanik amendment to the Trade aircraft were unsecure due to the lack The secretary may only resume filling Act of 1974, which sanctions nations for of funds and equipment necessary to if the price of a barrel of crude oil failure to comply with freedom of emi- ensure they were not stolen or smug- drops below $50 per barrel during the gration requirements. This bill would gled out of the country. Specifically, remainder of 2008. repeal permanently the application of emissaries from Iran had shown great The price of a barrel of oil is reaching Jackson-Vanik to Moldova. interest and had attempted to acquire record highs and global supplies of oil Moldova is a small country located the aircraft. These planes were not de- continue to shrink. During this period between Ukraine and Romania. stroyed. They were disassembled and of volatile markets and short supply, it Throughout the Cold War it was a part shipped to Wright Patterson Air Force makes no sense to me for the U.S. Gov- of the Soviet Union. It gained its inde- Base because they can be used by ernment to continue to take highly pendence from the Soviet Union on Au- American experts for research pur- valuable crude oil, especially light gust 27, 1991. The U.S. has supported poses. sweet crude, off the market to store Moldova in its journey toward democ- Moldova has made small, but impor- underground in a reserve that is at racy and sovereignty. tant, troop contributions in Iraq. These least 96 percent full. Continuing to

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.022 S06FEPT1 smartinez on PRODPC61 with SENATE S740 CONGRESSIONAL RECORD — SENATE February 6, 2008 ‘‘top off’’ the Strategic Petroleum Re- imports by 1.75 million barrels per day from frustrated citizens. Each day sen- serve with highly valuable crude oil is by 2020, increasing to 2.26 million bar- sitive materials, including financial putting upward pressure on oil prices rels per day in 2022 and rising there- statements, credit cards, Social Secu- and raising energy prices for con- after. These estimates represent rough- rity checks, and passports pass through sumers. ly half of the theoretical SPR draw- the mail stream. It is imperative that I believe that we must take a ‘‘time down capacity of 4.4 million barrels per residents are able to rely on the safe out’’ from filling the reserve in order day. They also increase the number of and timely delivery of these docu- to send a signal to the market to re- days of protection afforded by a given ments. duce rising energy prices that are hit- quantity of oil in the SPR. Thus, our The complications from this problem ting American consumers’ pocket- enactment of historic Energy legisla- reach beyond mail delivery. During the books. Lowering energy costs will put tion will, over time, increase the insur- recent Iowa Caucuses, residents living additional money back into consumers’ ance value of the SPR, even if the ac- in Windsor Heights Precinct 2 were di- hands and will help provide a real stim- tual inventory level is frozen or slight- rected to the wrong address when look- ulus to our economy in my judgment. ly decreased. ing for their caucus location. Windsor Historically, the average price of oil Let me be clear. I believe maintain- Heights residents who use the 50322 ZIP used to fill the Strategic Petroleum ing a Strategic Petroleum Reserve is in code—one which is shared with neigh- Reserve has been about $27 per barrel. the economic and national security in- boring Urbandale—were incorrectly ad- The Administration is now filling the terests of this country. However, dur- vised that the caucus location was in Reserve with oil that averages over $90 ing this time of record oil prices, rising Urbandale, rather than Windsor per barrel, including highly sought energy costs for consumers, economic Heights. Furthermore, because insur- after light sweet crude. This is a bad downturn and tight global oil supplies, ance rates are based on ZIP codes, resi- deal for American taxpayers and con- the U.S. Government should suspend dents pay premiums based on neigh- sumers. taking highly valuable oil off the mar- boring Des Moines and Urbandale, On January 8, 2008, the Secretary of ket to store underground in the Stra- rather than Windsor Heights, making Energy sent me a letter stating that tegic Petroleum Reserve. it more difficult for providers to sell our Strategic Petroleum Reserve con- Mr. President, I ask unanimous con- car insurance to residents. tains only 57 days of import protection sent that the text of the bill be printed City officials have tried in vain for and that the 50,000 barrels per day they in the RECORD. almost 5 years to acquire a ZIP code are filling with is a small amount of There being no objection, the text of for Windsor Heights. It is my hope that the oil used on the global market daily. the bill was ordered to be printed in the Senate will quickly act upon this This is only part of the story. The fact the RECORD, as follows: legislation to enable them to do so. is that the SPR, combined with our S. 2598 By Ms. CANTWELL (for herself private oil stocks and refining inven- Be it enacted by the Senate and House of Rep- and Mrs. MURRAY): tories, total more than 118 days of im- resentatives of the United States of America in S. 2601. A bill to require the Sec- port protection. The current levels in Congress assembled, retary of Agriculture to convey to King our strategic petroleum stocks are SECTION 1. SHORT TITLE. and Kittitas Counties Fire District No. more than adequate to meet our inter- This Act may be cited as the ‘‘Strategic 51 a certain parcel of real property for national treaty obligations requiring 90 Petroleum Reserve Fill Suspension and Con- sumer Protection Act of 2008’’. use as a site for a new Snoqualmie Pass days of import protection for all OECD fire and rescue station; to the Com- countries. I also disagree that taking SEC. 2. SUSPENSION OF PETROLEUM ACQUISI- TION FOR STRATEGIC PETROLEUM mittee on Energy and Natural Re- 50,000 barrels per day off the market, RESERVE. sources. especially light sweet crude, has no im- (a) IN GENERAL.—Except as provided in Ms. CANTWELL. Mr. President, pact on energy prices. During the Clin- subsection (b) and notwithstanding any today I am introducing the Snoqualmie ton administration, Congress signaled other provision of law, during calendar year Pass Land Conveyance Act, together 2008, the Secretary of Energy shall suspend that it wanted more than $200 million with Senator MURRAY. This bill would sold from the SPR in 1996, the price of acquisition of petroleum for the Strategic transfer an acre and a half of Forest oil dropped precipitously in the mar- Petroleum Reserve through the royalty-in- kind program or any other acquisition meth- Service land to the King and Kittitas ket. The market looks at many factors, od. Counties Fire District No. 51, also including our filling of the SPR. This is (b) RESUMPTION.—The Secretary may re- known as Snoqualmie Pass Fire and another reason we can afford to tempo- sume acquisition of petroleum for the Stra- Rescue. This land would be conveyed at rarily suspend filling the Strategic Pe- tegic Petroleum Reserve through the roy- no cost, but would have to be used by troleum Reserve. alty-in-kind program or any other acquisi- the Fire District specifically for the Further, the Energy Policy Act of tion method under subsection (a) not earlier construction of a new fire station or it 2005 provides directional guidance to than 30 days after the date on which the Sec- would revert back to the Federal Gov- retary notifies Congress that the Secretary expand the Strategic Petroleum Re- ernment. serve. The provision in law clearly has determined that the weighted average price of petroleum in the United States for Snoqualmie Pass Fire and Rescue states that filling the reserve must be the most recent 90-day period is $50 or less serves a portion of two counties on achieved ‘‘without incurring excessive per barrel. both sides of the Cascade Mountains cost or appreciably affecting the price along Interstate 90, a community of 350 of petroleum products to consumers.’’ I By Mr. HARKIN (for himself and full-time residents that peaks to 1,500 think filling the Strategic Petroleum Mr. GRASSLEY): during the ski season. Additionally, Reserve in today’s environment is in- S. 2600. A bill to provide for the des- the ski area estimates 20,000 patrons on deed impacting the price of petroleum ignation of a single ZIP code for Wind- a busy weekend, and the Department of so that we must defer filling for now to sor Heights, Iowa; to the Committee on Transportation estimates that up to ease pressure on the market. Homeland Security and Governmental 60,000 vehicles travel through the fire Finally, the Congress enacted and Affairs. district on a busy day making it the the President signed historic legisla- Mr. HARKIN. Mr. President, today I busiest mountain highway in the coun- tion in December 2008—the Energy rise with my colleague from Iowa to in- try. Independence and Security Act of 2007. troduce a bill to provide the town of This area is also the major transpor- That legislation established a strong Windsor Heights, IA, its own ZIP code. tation corridor for goods and services foundation to put our Nation on an al- Currently, the residents of Windsor between eastern and western Wash- ternative energy security pathway. Heights share three ZIP codes with sur- ington. The all-volunteer Fire Depart- This includes strong fuel economy rounding communities, Des Moines, ment averages over 300 calls a year standards and an expanded renewable West Des Moines, and Urbandale. Con- with about a 10 percent annual increase fuels standard. Conservative estimates fusion between the ZIP codes and city in call volumes, which is more than tri- provided by the Securing America’s boundaries has caused delays in mail ple the amount of calls a typical all- Future Energy Coalition show that the delivery, an increased amount of unde- volunteer fire department would re- new legislation would reduce net oil livered mail, and numerous complaints spond to in a year. Mr. Presdient, 84

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.076 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S741 percent of those incidents are for non- were ongoing discussions in Wash- section shall be made on the record after an tax paying residents. Consequently, the ington State to address some lingering opportunity for a hearing. Fire Department has the characteris- issues related to this conveyance. I am (c) SURVEY.— tics of a large city with the limited re- pleased those discussions reached reso- (1) IN GENERAL.—If necessary, the exact sources of a small community. lution. I am also pleased that discus- acreage and legal description of the real In recent years, this area has been sions with my staff, Senator MURRAY’s property to be conveyed under subsection (a) the scene of major winter snowstorms, staff, and staff of Energy and Natural shall be determined by a survey satisfactory to the Secretary. multi-vehicle accidents, and even ava- Resources Committee led to an amend- (2) COST.—The cost of a survey under para- lanches. The Fire District is often the ment to H.R. 1285 before it passed the graph (1) shall be paid by the District. first responder to incidents in the area, House of Representatives that would (d) ADDITIONAL TERMS AND CONDITIONS.— which is prone to rock slides and ava- better tailor the conveyance to both The Secretary may require such additional lanches and it is not uncommon for the environmental and the emergency terms and conditions in connection with the this community to be isolated for response needs at the Pass by reducing conveyance under subsection (a) as the Sec- hours or even days at a time. Several the amount of land to be conveyed retary considers to be appropriate to protect thousand people can be stranded at the from 3 acres to 1.5 acres. the interests of the United States. Pass during those periods when the It is my understanding that there are Pass is closed and while the Depart- offers of support to construct a new By Mr. SALAZAR: ment of Transportation works quickly fire station from state and local offi- S. 2602. A bill to amend the Depart- to get the roads back open, it can be cials, and to mitigate any effects of ment of the Interior, Environment, and very taxing on local resources. construction, and I support those ef- Related Agencies appropriations Act, For decades, the Fire District has forts. To offset any potential impacts 2008, to terminate the authority of the been leasing its current site from the from construction of a new fire station Secretary of the Treasury to deduct Forest Service. They operate out of an and to improve wildlife connectivity at amounts from certain States; to the aging building that was not designed to the pass, I encourage the Forest Serv- Committee on Energy and Natural Re- be a fire station. Through their hard ice to work in collaboration with state sources. work and dedication, they have served and local officials, the Cascade Land their community ably despite this Conservancy, Snoqualmie Fire Dis- Mr. SALAZAR. Mr. President, I rise building’s many shortcomings. How- trict, Sierra Club, and Conservation today to introduce legislation—a com- ever, with traffic on the rise and the Northwest to identify opportunities for panion bill will be introduced in the need for emergency services in the area off-site habitat acquisition. House by my colleagues Representa- growing, the Fire District needs to I appreciate the efforts of Senator tives SALAZAR and UDALL—to restore move to a true fire station. MURRAY and my colleagues on the En- Colorado’s share of oil and gas leasing The Fire District has identified a ergy and Natural Resources Committee revenue. nearby site that would better serve the to review this issue and bring this bill The 2008 Omnibus Appropriations bill public safety needs at the Pass. This forward. I look forward to continuing includes a provision, requested by the location would provide easy access to to work with the community at the Bush Administration, to reduce the the interstate in either direction, re- Pass and my colleagues to improve share of mineral royalties paid to Colo- ducing emergency response times. The public safety in the area. rado and other western states. Specifi- parcel is on Forest Service property, Mr. President, I ask unanimous con- cally, the administration’s proposal to immediately adjacent to a freeway sent that the text of the bill be printed reduce the State’s share of mineral rev- interchange, between a frontage road in the RECORD. enues from 50 percent to 48 percent and the interstate itself. The parcel There being no objection, the text of does not serve the taxpayers who fund was formerly a disposal site during the bill was ordered to be placed in the the government nor does it serve the construction of the freeway and is now RECORD, as follows: states that allow energy production to a gravel lot. S. 2601 happen within their borders. Colorado I recognize that the Forest Service Be it enacted by the Senate and House of Rep- is blessed with an abundance of natural does not normally support conveyances resentatives of the United States of America in resources, including its deposits of oil of land free of charge. However, I be- Congress assembled, and natural gas. Our State’s economy lieve an exception should be made in SECTION 1. SHORT TITLE. benefits from the production of these This Act may be cited as the ‘‘Snoqualmie this particular circumstance because of resources, and we deserve to continue the important public service provided Pass Land Conveyance Act’’. SEC. 2. LAND CONVEYANCE, NATIONAL FOREST receiving our fair share of the reve- by the Fire District, the heavy traffic SYSTEM LAND, KITTITAS COUNTY, nues. and emergency calls created by non- WASHINGTON. The administration attempts to jus- residents in the area, the distance of (a) CONVEYANCE REQUIRED.—The Secretary tify this reduction as necessary to de- Snoqualmie Pass from other commu- of Agriculture (referred to in this section as fray the administrative costs related to nities with emergency services, and be- the ‘‘Secretary’’) shall convey, without con- the management of onshore leasing ac- cause of the high amount of federal sideration, to King and Kittitas Counties Fire District No. 51 of King and Kittitas tivity. We believe this assertion is un- land ownership in the area, which se- Counties, Washington (referred to in this founded and oppose any attempt to verely limits the local tax base. In fact, section as the ‘‘District’’), all right, title, take money that is rightfully owed to the Forest Service has acquired 20,000 and interest of the United States in and to a our State in order to pay for more Fed- acres in King and Kittitas counties at parcel of National Forest System land in eral bureaucracy. This is money that a cost of more than $52 million over Kittitas County, Washington, consisting of 1 our state could use to help mitigate just the last 10 years. approximately 1.5 acres within the SW ⁄4 of 1 the effects of increased oil and gas Passage of this legislation would not the SE ⁄4 of sec. 4, T. 22 N., R. 11 E., Willam- guarantee that a new station would be ette meridian, for the purpose of permitting drilling activity and for other impor- built. The Fire District would have to the District to use the parcel as a site for a tant state priorities, such as education new Snoqualmie Pass fire and rescue station. and health care. work hard to gather the financing that (b) REVERSIONARY INTEREST.— would be required from State and local (1) IN GENERAL.—If the Secretary deter- Our legislation repeals the adminis- sources, as well as any applicable Fed- mines at any time that the real property tration’s money grab and restores each eral grants or loans. However, the con- conveyed under subsection (a) is not being State’s share to its full, coequal 50 per- veyance of this site at no cost would used in accordance with the purpose of the cent of mineral leasing revenues. We help this Fire District hold down the conveyance specified in that subsection— cannot allow the Federal government overall cost of this project. (A) all right, title, and interest in and to to take oil and gas leasing revenues in- I am confident this can be done with the property shall revert, at the option of tended to help the communities of Col- the Secretary, to the United States; and little or no impact to the environment. (B) the United States shall have the right orado. This language was inserted late Over the last year, following the intro- of immediate entry onto the property. into last year’s omnibus spending bill duction of this legislation in the House (2) DETERMINATION REQUIREMENTS.—A de- and must be corrected. Our legislation of Representatives, H.R. 1285, there termination of the Secretary under this sub- does just that.

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.075 S06FEPT1 smartinez on PRODPC61 with SENATE S742 CONGRESSIONAL RECORD — SENATE February 6, 2008 SUBMITTED RESOLUTIONS him and the Korean people well on his inau- worked with his mother, who sold ice guration on February 25, 2008. cream, cakes, and other sundries to Mr. BIDEN. Mr. President, today I supplement the family’s income. He SENATE RESOLUTION 444—EX- introduce a resolution expressing the worked as a garbage collector to help PRESSING THE SENSE OF THE sense of the U.S. Senate regarding the pay for school expenses, eventually SENATE REGARDING THE strong alliance that has been forged be- earning admission to the prestigious STRONG ALLIANCE THAT HAS tween the U.S. and the Republic of Korea University to study business ad- BEEN FORGED BETWEEN THE Korea, ROK, and congratulating ministration. UNITED STATES AND THE RE- Myung-Bak Lee on his election to the In 1965, Lee joined Hyundai Engineer- PUBLIC OF KOREA AND CON- presidency of the ROK. ing and Construction company, which GRATULATING MYUNG-BAK LEE The U.S.-ROK Alliance is no ordinary had only 90 employees at the time. ON HIS ELECTION TO THE PRESI- alliance. It was forged in desperate Over the course of 30 years at Hyundai, DENCY OF THE REPUBLIC OF struggle against North Korean aggres- he advanced from junior executive to KOREA sors, and it has been honed by more chairman, and helped build Hyundai than 50 years of joint military oper- into a global force in automotive man- Mr. BIDEN (for himself, Ms. MUR- ations on and off the Korean Peninsula. ufacturing, construction, and real es- KOWSKI, and Mr. HAGEL) submitted the On the peninsula, ROK and U.S. forces following resolution; which was re- tate, with 160,000 employees. stand shoulder-to-shoulder, keeping Lee’s entry into politics came only ferred to the Committee on Foreign the peace as they have done for 55 after he had retired from his Hyundai Relations: years. Off the peninsula, South Korean career. He was elected Mayor of Seoul, S. RES. 444 troops have fought alongside U.S. Korea’s capital and largest city, on a Whereas the United States and the Repub- forces in Vietnam, Iraq twice, and Af- platform stressing a balance between lic of Korea enjoy a comprehensive alliance ghanistan. Even today, South Korea economic development and environ- partnership founded in shared strategic in- terests and cemented by a commitment to has more than 1,000 troops in Iraq. And mental protection. He told the city’s democratic values; Seoul voted last December to keep at people that he would remove the ele- Whereas the alliance between the United least 600 troops in Iraq through the end vated highway that ran through the States and the Republic of Korea has been of this year. heart of Seoul and restore the buried forged in blood and honed by struggles The willingness of South Korea to de- Cheonggyecheon stream—an urban wa- against common adversaries; vote blood and treasure to struggles far terway that Lee himself had helped Whereas on December 19, 2007, the Senate from its shores is not only a testimony pave over in the 1960s. His opponents passed S. Res. 279, marking the 125th anni- to the loyalty of the Korean people to insisted that the plan would cause traf- versary of the 1882 Treaty of Peace, Amity, the American people, who came to Commerce and Navigation between the King- fic chaos and cost billions. Three years dom of Chosun (Korea) and the United their aid in a time of need, but also later, Cheonggyecheon was reborn, States, and recognizing that ‘‘the strength proof of the convergent national inter- changing the face of Seoul. Lee also re- and endurance of the alliance between the ests of the U.S. and the Republic of vamped the city’s transportation sys- United States and the Republic of Korea Korea. tem, adding clean rapid-transit buses. should be acknowledged and celebrated’’; The U.S.–ROK Alliance is rooted in President-elect Lee stressed during Whereas during the 60 years since the common strategic interests, but it is his campaign that the U.S.–ROK alli- founding of the Republic of Korea on August also fortified by common democratic ance would be the cornerstone of Ko- 15, 1948, the Republic of Korea, with unwav- values. South Korea has developed a vi- rea’s security policy, and that ering commitment and support from the United States, has accomplished a remark- brant democratic system, with strong strengthening and deepening the alli- able economic and political transformation, protections for civil liberties and ance would be a top priority for his ad- rising from poverty to become the 11th larg- human rights. It was not always thus. ministration. On North-South rela- est economy in the world and a thriving South Korea’s journey from tions, he has pledged to sustain South multi-party democracy; authoritarianism and poverty to de- Korea’s engagement and investment in Whereas the Republic of Korea is the mocracy and prosperity has been a long the North. But he has also articulated United States’ seventh largest trading part- one—four decades of hard work by the a policy of ‘‘tough love,’’ saying that ner and the United States is the third largest Korean people. Democracy did not he will consider progress on trading partner of the Republic of Korea, come without sacrifices. The South Ko- with nearly $80,000,000,000 in goods and serv- denuclearization as his government ices passing between the 2 countries each rean government’s bloody suppression ponders major new investments de- year; of the Kwangju democracy uprising of signed to help modernize North Korea’s Whereas there are deep cultural and per- May 1980, left thousands of unarmed ci- economy. sonal ties between the people of the United vilian protestors dead or injured. Al- Today, as the people of the U.S. and States and the people of the Republic of though the dictatorship persisted for the Republic of Korea look to the fu- Korea, as exemplified by the large flow of another 7 years, the democratic aspira- ture, we can take comfort from the visitors and exchanges each year between tions of the Korean people could not be fact that we need not confront the the 2 countries and the nearly 2,000,000 Ko- denied. challenges of North Korea’s nuclear rean Americans who currently reside in the United States; In the end, the Korean people accom- ambitions, terrorism, energy security, Whereas the United States and the Repub- plished a remarkably peaceful transi- and global climate change alone. lic of Korea are working together to address tion from dictatorship to democracy. Working together, we will convince the threat posed by North Korea’s nuclear By also building a robust economy that North Korea to abandon its nuclear weapons program and to build a lasting has lifted millions out of poverty, the weapons program and build a lasting peace on the Korean Peninsula; Republic of Korea has provided a model peace on the Korean Peninsula. Work- Whereas this alliance is promoting inter- for other developing nations in East ing together, we can help inspire good national peace and security, economic pros- Asia and beyond. South Korea is a governance and promote economic perity, human rights and the rule of law, not only on the Korean Peninsula, but also world in information technology, with growth in Asia and beyond. We can throughout the world; and a much higher rate of broadband inter- lead by example and demonstrate that Whereas Myung-Bak Lee, who won election net access, 30 percent, and more nations that respect the human rights to become the next President of the Republic broadband total users, 15 million, than of their citizens are nations that are of Korea, has affirmed his deep commitment the United Kingdom, 24 percent, 14 mil- innovative, prosperous, and peaceful. to further strengthening the alliance be- lion, or France, 22 percent, 14 million. It is in celebration of the promise of tween the United States and the Republic of Just as Korea is no ordinary ally, this important partnership that I rise Korea, by expanding areas of cooperation President-elect Lee is no ordinary today, in concert with the Senator and realizing the full potential of our mutu- South Korean politician. The son of a from Alaska, Senator MURKOWSKI, to ally beneficial partnership: Now, therefore, be it farm worker, Lee was born in Osaka, offer a resolution marking another Resolved, That the Senate congratulates Japan, on December 19, 1941, returning milestone in South Korea’s democ- Myung-Bak Lee on his election to the presi- to Korea with his parents only after racy—the election of Myung-Bak Lee dency of the Republic of Korea and wishes the end of World War II. As a boy, Lee as President—and wishing him and the

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.026 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S743 Korean people well as they embark on Whereas, upon taking office and being ment intended to be proposed to amendment the next stage of South Korea’s re- thrust into the midst of the Civil War, Presi- SA 3983 proposed by Mr. REID to the bill H.R. markable journey from the horrors of dent Abraham Lincoln wrote the Emanci- 5140, supra; which was ordered to lie on the the Korean War to the bright future pation Proclamation, freeing all slaves in table. southern States that seceded from the Union SA 3996. Mr. NELSON, of Florida (for him- that is today arriving at light speed in on January 1, 1863; self and Ms. SNOWE) submitted an amend- the Republic of Korea. Whereas, on November 19, 1863, Abraham ment intended to be proposed to amendment f Lincoln dedicated the battlefield at Gettys- SA 3983 proposed by Mr. REID to the bill H.R. burg, Pennsylvania with the Gettysburg Ad- 5140, supra; which was ordered to lie on the SENATE CONCURRENT RESOLU- dress, which would later be known as his table. TION 65—CELEBRATING THE greatest speech, that harkened back to the SA 3997. Mr. HARKIN submitted an amend- BIRTH OF ABRAHAM LINCOLN promises of the Declaration of Independence ment intended to be proposed to amendment AND RECOGNIZING THE PROMI- in the first sentence: ‘‘Four score and seven SA 3893 submitted by Mr. BROWNBACK (for himself, Mr. DORGAN, Ms. CANTWELL, and Mr. NENCE THE DECLARATION OF years ago, our fathers brought forth, on this continent, a new nation, conceived in Lib- INOUYE) to the amendment SA 3899 proposed INDEPENDENCE PLAYED IN THE erty, and dedicated to the proposition that by Mr. DORGAN (for himself, Ms. MURKOWSKI, DEVELOPMENT OF ABRAHAM all men are created equal’’; Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. LINCOLN’S BELIEFS Whereas Abraham Lincoln was reelected to NELSON of Nebraska, and Mr. SALAZAR) to Mr. DURBIN submitted the following the presidency on November 8, 1864, by 55 the bill S. 1200, to amend the Indian Health Care Improvement Act to revise and extend concurrent resolution; which was re- percent of the popular vote; Whereas Abraham Lincoln gave the ulti- the Act; which was ordered to lie on the ferred to the Committee on the Judici- mate sacrifice for his country, dying 6 weeks table. ary: into his second term on April 15, 1865; SA 3998. Mr. DORGAN submitted an S. CON. RES. 65 Whereas the year 2009 will be the bicenten- amendment intended to be proposed by him to the bill H.R. 5140, to provide economic Whereas Abraham Lincoln, the 16th Presi- nial anniversary of the birth of Abraham stimulus through recovery rebates to indi- dent of the United States, was born of hum- Lincoln, and the United States will observe 2 viduals, incentives for business investment, ble roots on February 12, 1809, in Hardin years of commemorations beginning Feb- County, Kentucky; ruary 12, 2008; and and an increase in conforming and FHA loan Whereas Abraham Lincoln rose to political Whereas all Americans could benefit from limits; which was ordered to lie on the table. SA 3999. Ms. LANDRIEU (for herself and prominence as an attorney with a reputation studying the life of Abraham Lincoln as a Mr. VITTER) submitted an amendment in- for fairness, honesty, and a belief that all model of achieving the American Dream tended to be proposed to amendment SA 3983 men are created equal and that they are en- through honesty, integrity, loyalty, and a proposed by Mr. REID to the bill H.R. 5140, dowed by their Creator with certain lifetime of education: Now, therefore, be it Resolved by the Senate (the House of Rep- supra; which was ordered to lie on the table. unalienable rights; SA 4000. Ms. LANDRIEU (for herself and Whereas Abraham Lincoln was elected and resentatives concurring), That Congress— (1) requests that the President issue a Mr. VITTER) submitted an amendment in- served with distinction in 1832 as a captain of tended to be proposed to amendment SA 3983 an Illinois militia company during the Black proclamation each year recognizing the an- proposed by Mr. REID to the bill H.R. 5140, Hawk War; niversary of the birth of President Abraham Lincoln and calling upon the people of the supra; which was ordered to lie on the table. Whereas Abraham Lincoln was elected to SA 4001. Mr. NELSON, of Nebraska sub- the Illinois legislature in 1834 from San- United States to observe such anniversary with appropriate ceremonies and activities; mitted an amendment intended to be pro- gamon County and was successively re- posed to amendment SA 3983 proposed by Mr. elected until 1840; and REID to the bill H.R. 5140, supra; which was Whereas Abraham Lincoln revered the Dec- (2) encourages State and local governments and local educational agencies to devote suf- ordered to lie on the table. laration of Independence, forming the moti- SA 4002. Mr. SANDERS (for himself and vating moral and natural law principle for ficient time to study and appreciate the rev- erence and respect Abraham Lincoln had for Mrs. CLINTON) submitted an amendment in- his opposition to the spread of slavery to tended to be proposed to amendment SA 3983 new States entering the Union and to his be- the significance and importance of the Dec- laration of Independence in the development proposed by Mr. REID to the bill H.R. 5140, lief in slavery’s ultimate demise; supra; which was ordered to lie on the table. Whereas Abraham Lincoln was elected in of American history, jurisprudence, and the spread of freedom around the world. SA 4003. Mr. SANDERS (for himself and 1846 to serve in the United States House of Mrs. CLINTON) submitted an amendment in- Representatives, ably representing central f tended to be proposed to amendment SA 3983 Illinois; AMENDMENTS SUBMITTED AND proposed by Mr. REID to the bill H.R. 5140, Whereas Abraham Lincoln re-entered po- PROPOSED supra; which was ordered to lie on the table. litical life as a reaction to the passage of the SA 4004. Mr. SANDERS (for himself, Mrs. Kansas-Nebraska Act in 1854, which he op- SA 3989. Mr. ALLARD submitted an CLINTON, and Mr. KERRY) submitted an posed; amendment intended to be proposed by him amendment intended to be proposed to Whereas Abraham Lincoln expounded on to the bill H.R. 5140, to provide economic amendment SA 3983 proposed by Mr. REID to his views of natural rights during the series stimulus through recovery rebates to indi- the bill H.R. 5140, supra; which was ordered of debates with Stephen A. Douglas in 1858, viduals, incentives for business investment, to lie on the table. declaring in Charleston, Illinois that natural and an increase in conforming and FHA loan SA 4005. Mr. SANDERS submitted an rights were ‘‘enumerated in the Declaration limits; which was ordered to lie on the table. amendment intended to be proposed to SA 3990. Mr. ALLARD submitted an of Independence, the right to life, liberty and amendment SA 3983 proposed by Mr. REID to the pursuit of happiness’’, and these views amendment intended to be proposed by him the bill H.R. 5140, supra; which was ordered brought Lincoln into national prominence; to the bill H.R. 5140, supra; which was or- to lie on the table. Whereas Abraham Lincoln, through a leg- dered to lie on the table. SA 4006. Mr. CHAMBLISS (for himself, Mr. SA 3991. Mr. SANDERS (for himself, Mr. acy of courage, character, and patriotism, CRAPO, Mr. DEMINT, and Mr. COBURN) sub- AKAKA, and Mr. KERRY) submitted an amend- was elected to office as the 16th President of mitted an amendment intended to be pro- ment intended to be proposed to amendment the United States on November 6, 1860; posed to amendment SA 3983 proposed by Mr. SA 3983 proposed by Mr. REID to the bill H.R. Whereas Abraham Lincoln believed the REID to the bill H.R. 5140, supra; which was 5140, supra; which was ordered to lie on the Declaration of Independence to be the anchor ordered to lie on the table. table. of American republicanism, stating on Feb- SA 3992. Mr. BROWN (for himself, Mrs. SA 4007. Mr. WYDEN (for himself, Mr. ruary 22, 1861, during an address at Independ- THUNE, Mr. DODD, Mr. SHELBY, Mrs. CLINTON, BOXER, Mr. BINGAMAN, Mr. SANDERS, and Mr. ence Hall in Philadelphia, Pennsylvania Mr. DURBIN, Mr. HARKIN, Mr. JOHNSON, Mr. SCHUMER) submitted an amendment intended that, ‘‘I have never had a feeling politically to be proposed by him to the bill H.R. 5140, MENENDEZ, Ms. MIKULSKI, Mr. REED, Mr. that did not spring from the sentiments em- supra; which was ordered to lie on the table. SANDERS, Mr. SCHUMER, and Mr. WEBB) sub- bodied in the Declaration of Independence . . . SA 3993. Mr. ALEXANDER submitted an mitted an amendment intended to be pro- I have often inquired of myself, what great amendment intended to be proposed to posed to amendment SA 3983 proposed by Mr. principle or idea it was that kept this Con- amendment SA 3983 proposed by Mr. REID to REID to the bill H.R. 5140, supra; which was federacy so long together. It was not the the bill H.R. 5140, supra; which was ordered ordered to lie on the table. mere matter of separation of the Colonies to lie on the table. SA 4008. Mr. MCCONNELL (for himself, Mr. from the motherland; but that sentiment in SA 3994. Mr. ALEXANDER submitted an STEVENS, Mr. ROBERTS, Mr. BOND, Mr. the Declaration of Independence which gave amendment intended to be proposed to BROWNBACK, Mr. BUNNING, Mr. CORNYN, Mr. liberty, not alone to the people of this coun- amendment SA 3983 proposed by Mr. REID to HATCH, Mr. SUNUNU, Mr. ALEXANDER, Mr. try, but, I hope, to the world, for all future the bill H.R. 5140, supra; which was ordered BURR, Mr. ISAKSON, Mr. VITTER, Mr. THUNE, time. It was that which gave promise that in to lie on the table. Mr. CHAMBLISS, Mr. KYL, Mr. GRAHAM, Mr. due time the weight would be lofted from the SA 3995. Mr. NELSON, of Florida (for him- CRAIG, and Mr. CRAPO) submitted an amend- shoulders of men’’; self and Ms. SNOWE) submitted an amend- ment intended to be proposed by him to the

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bill H.R. 5140, supra; which was ordered to lie ‘‘(H) 5-YEAR CARRYBACK OF CERTAIN TITLE VI—OTHER ASSISTANCE on the table. LOSSES.— SEC. 601. TEMPORARY INCREASE IN SPECIALLY f ‘‘(i) TAXABLE YEARS ENDING DURING 2001 AND ADAPTED HOUSING BENEFITS FOR 2002.—In the case of a net operating loss for DISABLED VETERANS. TEXT OF AMENDMENTS any taxable year ending during 2001 or 2002, (a) IN GENERAL.—Section 2102 of title 38, SA 3989. Mr. ALLARD submitted an subparagraph (A)(i) shall be applied by sub- United States Code, is amended— amendment intended to be proposed by stituting ‘5’ for ‘2’ and subparagraph (F) (1) in subsection (b)(2), by striking him to the bill H.R. 5140, to provide shall not apply. ‘‘$10,000’’ and inserting ‘‘$12,000’’; and ‘‘(ii) TAXABLE YEARS BEGINNING OR ENDING economic stimulus through recovery (2) in subsection (d)— DURING 2006, 2007, AND 2008.—In the case of a net (A) in paragraph (1), by striking ‘‘$50,000’’ rebates to individuals, incentives for operating loss for any taxable year beginning and inserting ‘‘$60,000’’; and business investment, and an increase in or ending during 2006, 2007, or 2008— (B) in paragraph (2), by striking ‘‘$10,000’’ conforming and FHA loan limits; which ‘‘(I) subparagraph (A)(i) shall be applied by and inserting ‘‘$12,000’’. was ordered to lie on the table; as fol- substituting ‘5’ for ‘2’, (b) EFFECTIVE DATE.—The amendments lows: ‘‘(II) subparagraph (E)(ii) shall be applied made by subsection (a) shall be effective dur- On page 55, between lines 19 and 20, insert by substituting ‘4’ for ‘2’, and ing the period beginning on the date of the the following: ‘‘(III) subparagraph (F) shall not apply.’’. enactment of this Act and ending on Sep- SEC. 203. TEMPORARY INCREASE IN LOAN LIMIT (b) TEMPORARY SUSPENSION OF 90 PERCENT tember 30, 2008. FOR HOME EQUITY CONVERSION LIMIT ON CERTAIN NOL CARRYBACKS AND (c) REVIVAL.—Effective on October 1, 2008, MORTGAGES. CARRYOVERS.— the provisions of subsection (b)(2) and para- For home equity conversion mortgages (1) IN GENERAL.—Section 56(d) of the of the graphs (1) and (2) of subsection (d) of such originated during the period beginning on Internal Revenue Code of 1986 is amended by section 2102, as such provisions were in effect July 1, 2007, and ending at the end of Decem- adding at the end the following new para- on the day before the date of the enactment ber 31, 2008, notwithstanding section 255(g) of graph: of this Act, are hereby revived. the National Housing Act (12 U.S.C. 1715z– ‘‘(3) ADDITIONAL ADJUSTMENTS.—For pur- SEC. 602. TEMPORARY INCREASE IN ASSISTANCE 20(g)), the limitation on the maximum prin- poses of paragraph (1)(A), the amount de- FOR PROVIDING AUTOMOBILES OR cipal obligation of a home equity conversion scribed in clause (I) of paragraph (1)(A)(ii) OTHER CONVEYANCES TO CERTAIN mortgage that may be insured by the Sec- shall be increased by the amount of the net DISABLED VETERANS. retary of Housing and Urban Development operating loss deduction allowable for the (a) IN GENERAL.—Section 3902(a) of title 38, under such section 255 shall not exceed the taxable year under section 172 attributable United States Code, is amended by striking dollar limitation established under section to the sum of— ‘‘$11,000’’ and inserting ‘‘$22,484’’. 201(a)(2) of this Act (relating to increased ‘‘(A) carrybacks of net operating losses (b) EFFECTIVE DATE.—The amendment loan limits for the Federal Home Loan Mort- from taxable years beginning or ending dur- made by subsection (a) shall be effective dur- gage Corporation). ing 2006, 2007, and 2008, and ing the period beginning on the date of the SEC. 204. TEMPORARY INCREASE IN LOAN LIMIT ‘‘(B) carryovers of net operating losses to enactment of this Act and ending on Sep- FOR MANUFACTURED HOUSING. taxable years beginning or ending during tember 30, 2008. During the period beginning on July 1, 2006, 2007, or 2008.’’. (c) REVIVAL.—Effective on October 1, 2008, 2007, and ending at the end of December 31, (2) CONFORMING AMENDMENT.—Subclause (I) the provisions of such section 3902(a), as such 2008, with respect to any bank, trust com- of section 56(d)(1)(A)(i) of such Code is provisions were in effect on the day before pany, personal finance company, mortgage amended by inserting ‘‘amount of such’’ be- the date of the enactment of this Act, are company, building and loan association, in- fore ‘‘deduction described in clause (ii)(I)’’. hereby revived. stallment lending company, or other such fi- (c) ANTI-ABUSE RULES.—The Secretary of nancial institution, that received or seeks Treasury or the Secretary’s designee shall SA 3992. Mr. BROWN (for himself, insurance protection under section 2 of the prescribes such rules as are necessary to pre- Mrs. BOXER, Mr. BINGAMAN, Mr. SAND- National Housing Act (12 U.S.C. 1703(b)), the vent the abuse of the purposes of the amend- ERS, and Mr. SCHUMER) submitted an dollar limitation against losses which may ments made by this section, including anti- sustain as a result of a loan, advance of cred- amendment intended to be proposed by stuffing rules, anti-churning rules (including it, or purchase of an obligation representing him to the bill H.R. 5140, to provide rules relating to sale-leasebacks), and rules such loans and advances shall not exceed— economic stimulus through recovery similar to the rules under section 1091 of the (1) $25,090 if made for the purpose of financ- rebates to individuals, incentives for Internal Revenue Code of 1986 relating to ing alterations, repairs and improvements losses from wash sales. business investment, and an increase in upon or in connection with existing manu- conforming and FHA loan limits; which factured homes; (d) EFFECTIVE DATES.— (1) SUBSECTION (a).— was ordered to lie on the table; as fol- (2) $69,678 if made for the purpose of financ- lows: ing the purchase of a manufactured home; (A) IN GENERAL.—Except as provided in (3) $92,904 if made for the purpose of financ- subparagraph (B), the amendments made by At the appropriate place, insert the fol- ing the purchase of a manufactured home subsection (a) shall apply to net operating lowing: and a suitably developed lot on which to losses arising in taxable years beginning or SEC. ll. EMERGENCY FUNDING. place the home; and ending in 2006, 2007, or 2008. (a) IN GENERAL.—There is hereby appro- (4) $23,226 if made for the purpose of financ- (B) ELECTION.—In the case of a net oper- priated to the Secretary of Agriculture to ing the purchase, by an owner of a manufac- ating loss for a taxable year beginning or carry out the purposes of section 27(a) of the tured home which is the principal residence ending during 2006 or 2007— Food Stamp Act of 1977 (7 U.S.C. 2036(a)) of that owner, of a suitably developed lot on (i) any election made under section $100,000,000, to remain available until ex- which to place that manufactured home, and 172(b)(3) of the Internal Revenue Code of 1986 pended. if the owner certifies that he or she will may (notwithstanding such section) be re- (b) USE OF FUNDS.— place the manufactured home on the lot ac- voked before November 1, 2008, and (1) IN GENERAL.—In carrying out subsection quired with such loan within 6 months after (ii) any election made under section 172(j) (a), the Secretary may— the date of such loan. of such Code shall (notwithstanding such (A) waive such procurement rules as may section) be treated as timely made if made be necessary to expedite the purchase and SA 3990. Mr. ALLARD submitted an before November 1, 2008. distribution of commodities to emergency amendment intended to be proposed by (2) SUBSECTION (b).—The amendments made feeding organizations; and him to the bill H.R. 5140, to provide by subsection (b) shall apply to taxable years (B) divert to the emergency food assistance economic stimulus through recovery ending after December 31, 1995. program established under the Emergency rebates to individuals, incentives for Food Assistance Act of 1983 (7 U.S.C. 7501 et business investment, and an increase in SA 3991. Mr. SANDERS (for himself, seq.) commodities held in inventory for conforming and FHA loan limits; which Mr. AKAKA, and Mr. KERRY) submitted other programs that can be replaced at a later date without program disruption. was ordered to lie on the table; as fol- an amendment intended to be proposed to amendment SA 3983 proposed by Mr. (2) DISTRIBUTION COSTS.—A State may lows: choose to use up to 10 percent of the total REID to the bill H.R. 5140, to provide On page 14, after line 22, insert the fol- funds made available to the State under this lowing: economic stimulus through recovery section for distribution costs. SEC. 104. CARRYBACK OF CERTAIN NET OPER- rebates to individuals, incentives for ATING LOSSES ALLOWED FOR 5 business investment, and an increase in SA 3993. Mr. ALEXANDER submitted YEARS; TEMPORARY SUSPENSION OF conforming and FHA loan limits; which an amendment intended to be proposed 90 PERCENT AMT LIMIT. was ordered to lie on the table; as fol- (a) IN GENERAL.—Subparagraph (H) of sec- to amendment SA 3983 proposed by Mr. tion 172(b)(1) of the Internal Revenue Code of lows: REID to the bill H.R. 5140, to provide 1986 is amended to read as follows: At the end of the bill, add the following: economic stimulus through recovery

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.033 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S745 rebates to individuals, incentives for (A) The last name of the individual com- (3) AVAILABILITY OF CEASE-AND-DESIST OR- business investment, and an increase in bined with the first initial or first name of DERS AND INJUNCTIVE RELIEF WITHOUT SHOW- conforming and FHA loan limits; which the individual. ING OF KNOWLEDGE.—In any proceeding or ac- was ordered to lie on the table; as fol- (B) The home address of the individual. tion pursuant to paragraph (2) to enforce (C) The telephone number of the indi- compliance through an order to cease and de- lows: vidual. sist or an injunction, the Federal Trade On page 33, strike line 1 through page 44, (D) The social security number of the indi- Commission shall not be required to allege line 24. vidual. or prove the state of mind required by sub- (E) The taxpayer identification number of section (b). SA 3994. Mr. ALEXANDER submitted the individual. (d) REFUND CHECK PROTECTION WORKING an amendment intended to be proposed (F) The employer identification number GROUP.— to amendment SA 3983 proposed by Mr. that is the same as or is derived from the so- (1) ESTABLISHMENT.—Not later than 30 days REID to the bill H.R. 5140, to provide cial security number of the individual. after the date of the enactment of this sec- economic stimulus through recovery (G) A financial account number, credit tion, the Commissioner of Internal Revenue shall establish a working group to be known rebates to individuals, incentives for card number, or debit card number of the in- dividual that is combined with any required as the ‘‘Refund Check Protection Working business investment, and an increase in security code, access code, or password that Group’’ (hereafter in this subsection referred conforming and FHA loan limits; which would permit access to a financial account of to as the ‘‘Working Group’’). was ordered to lie on the table; as fol- such individual. (2) MEMBERSHIP.— lows: (H) The driver’s license identification num- (A) APPOINTMENT AND CONSULTATION.—Sub- On page 34, strike line 20 through page 37, ber or State resident identification number ject to subparagraph (B), members of the line 6, and insert the following: of the individual. Working group shall be appointed by the (I) Such other information that is suffi- Commissioner of Internal Revenue in con- SEC. 125. EXTENSION OF NEW ENERGY EFFI- CIENT HOME CREDIT. cient to identify the individual by name. sultation with the head of each of the agen- cies described in such subparagraph. Subsection (g) of section 45L of the Inter- (5) INTERNET.—The term ‘‘Internet’’ means (B) COMPOSITION.—The Working Group nal Revenue Code of 1986 (relating to termi- the international computer network of both shall be composed of 5 members of whom— nation) is amended by striking ‘‘December Federal and non-Federal interoperable pack- (i) 1 shall be a representative of the Inter- 31, 2008’’ and inserting ‘‘December 31, 2009’’. et switched data networks. (6) WEB PAGE.—The term ‘‘web page’’ nal Revenue Service; SEC. 126. EXTENSION OF ENERGY CREDIT. means a location, with respect to the World (ii) 1 shall be a representative of the Fed- (a) SOLAR ENERGY PROPERTY.—Paragraphs Wide Web, that has a single Uniform Re- eral Trade Commission; (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of source Locator or another single location (iii) 1 shall be a representative of the De- the Internal Revenue Code of 1986 (relating with respect to the Internet, as the Federal partment of Justice; to energy credit) are each amended by strik- Trade Commission may prescribe. (iv) 1 shall be a representative of the Fed- ing ‘‘January 1, 2009’’ and inserting ‘‘January (b) USE OF DECEPTIVE OR MISLEADING WEB eral Bureau of Investigation; and 1, 2010’’. PAGES, DOMAIN NAMES, AND ELECTRONIC MAIL (v) 1 shall be a representative of the Secret (b) FUEL CELL PROPERTY.—Subparagraph MESSAGES REFERRING TO THE INTERNAL REV- Service. (E) of section 48(c)(1) of the Internal Revenue ENUE SERVICE.—It shall be unlawful for any (C) CHAIR.—The Working Group shall se- Code of 1986 (relating to qualified fuel cell person, by means of a web page, domain lect a chair from among its members. property) is amended by striking ‘‘December name, electronic mail message, or otherwise (3) DUTIES.— 31, 2008’’ and inserting ‘‘December 31, 2009’’. through the use of the Internet, to solicit, (A) BEST PRACTICES.—The Working Group (c) MICROTURBINE PROPERTY.—Subpara- request, or take any action, to induce an in- shall collect, review, disseminate, and advise graph (E) of section 48(c)(2) of the Internal dividual to provide identifying information on best practices and any additional govern- Revenue Code of 1986 (relating to qualified by representing itself to be the Internal Rev- mental efforts required to protect the integ- microturbine property) is amended by strik- enue Service, or another governmental office rity of the distribution of refunds for Federal ing ‘‘December 31, 2008’’ and inserting ‘‘De- administering any refund of Federal taxes, taxes. cember 31, 2009’’. without the authority or approval of the (B) MONTHLY REPORT.—Not later than 3 months after the date on which the Working Mr. NELSON of Florida (for Commissioner of Internal Revenue, if— SA 3995. (1) the representing person does not have Group is established, and every month there- himself and Ms. SNOWE) submitted an the express authority or approval of the after, the Working Group shall submit to amendment intended to be proposed to Commissioner of Internal Revenue or other Congress a report on its findings with re- amendment SA 3983 proposed by Mr. governmental office to represent itself as the spect to its activities under subparagraph REID to the bill H.R. 5140, to provide Internal Revenue Service, or another govern- (A). economic stimulus through recovery mental office administering any refund of (4) TERMINATION.—This Working Group rebates to individuals, incentives for Federal taxes; and shall terminate 180 days after the date of the (2) the representing person has actual enactment of this section. business investment, and an increase in (e) EFFECT ON FEDERAL TRADE COMMISSION conforming and FHA loan limits; which knowledge, or knowledge fairly implied on the basis of objective circumstances, that ACT.—Nothing in this section may be con- was ordered to lie on the table; as fol- such web page, domain name, electronic mail strued to reduce the authority of the Federal lows: message, or other means would be likely to Trade Commission to bring enforcement ac- At the end of title I, add the following: mislead an individual, acting reasonably tions under the Federal Trade Commission Act for materially false or deceptive rep- SEC. lll. REFUND CHECK INTEGRITY PROTEC- under the circumstances, about a material TION. fact regarding the contents of such elec- resentations or unfair practices on the Inter- net. (a) DEFINITIONS.—In this section: tronic mail message, instant message, web page, or advertisement (consistent with the (1) DOMAIN NAME.—The term ‘‘domain SA 3996. Mr. NELSON of Florida (for name’’ means any alphanumeric designation criteria used in the enforcement of section 5 himself and Ms. SNOWE) submitted an that is registered with or assigned by any do- of the Federal Trade Commission Act (15 main name registrar, domain name registry, U.S.C. 45)). amendment intended to be proposed to or other domain name registration authority (c) ENFORCEMENT BY FEDERAL TRADE COM- amendment SA 3983 proposed by Mr. as part of an electronic address on the Inter- MISSION.— REID to the bill H.R. 5140, to provide net. (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— economic stimulus through recovery (2) ELECTRONIC MAIL ADDRESS.—The term A violation of a prohibition described in sub- rebates to individuals, incentives for ‘‘electronic mail address’’ means a destina- section (b) shall be treated as a violation of business investment, and an increase in tion, commonly expressed as a string of a rule defining an unfair or deceptive act or conforming and FHA loan limits; which characters, consisting of a unique user name practice described under section 18(a)(1)(B) of was ordered to lie on the table; as fol- or mailbox (commonly referred to as the the Federal Trade Commission Act (15 U.S.C. ‘‘local part’’) and a reference to an Internet 57a(a)(1)(B)). lows: domain (commonly referred to as the ‘‘do- (2) ACTIONS BY THE FEDERAL TRADE COMMIS- On page 49, after line 19, add the following: main part’’), whether or not displayed, to SION.—The Federal Trade Commission shall Subtitle E—Other Provisions which an electronic mail message can be enforce the provisions of paragraph (1) and SEC. 132. REFUND CHECK INTEGRITY PROTEC- sent or delivered. subsection (b) in the same manner, by the TION. (3) ELECTRONIC MAIL MESSAGE.—The term same means, and with the same jurisdiction, (a) DEFINITIONS.—In this section: ‘‘electronic mail message’’ means a message powers, and duties as though all applicable (1) DOMAIN NAME.—The term ‘‘domain sent to a unique electronic mail address. terms and provisions of the Federal Trade name’’ means any alphanumeric designation (4) IDENTIFYING INFORMATION.—The term Commission Act (15 U.S.C. 41 et seq.) were that is registered with or assigned by any do- ‘‘identifying information’’, with respect to incorporated into and made part of this sec- main name registrar, domain name registry, an individual, means any of the following: tion. or other domain name registration authority

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.053 S06FEPT1 smartinez on PRODPC61 with SENATE S746 CONGRESSIONAL RECORD — SENATE February 6, 2008 as part of an electronic address on the Inter- (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— amendment SA 3899 proposed by Mr. net. A violation of a prohibition described in sub- DORGAN (for himself, Ms. MURKOWSKI, (2) ELECTRONIC MAIL ADDRESS.—The term section (b) shall be treated as a violation of Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, ‘‘electronic mail address’’ means a destina- a rule defining an unfair or deceptive act or Mr. NELSON of Nebraska, and Mr. tion, commonly expressed as a string of practice described under section 18(a)(1)(B) of SALAZAR) to the bill S. 1200, to amend characters, consisting of a unique user name the Federal Trade Commission Act (15 U.S.C. or mailbox (commonly referred to as the 57a(a)(1)(B)). the Indian Health Care Improvement ‘‘local part’’) and a reference to an Internet (2) ACTIONS BY THE FEDERAL TRADE COMMIS- Act to revise and extend the Act; which domain (commonly referred to as the ‘‘do- SION.—The Federal Trade Commission shall was ordered to lie on the table; as fol- main part’’), whether or not displayed, to enforce the provisions of paragraph (1) and lows: which an electronic mail message can be subsection (b) in the same manner, by the On page 4, line 13, strike ‘‘$150,000 ($300,000’’ sent or delivered. same means, and with the same jurisdiction, and insert ‘‘$75,000 ($150,000’’. (3) ELECTRONIC MAIL MESSAGE.—The term powers, and duties as though all applicable ‘‘electronic mail message’’ means a message terms and provisions of the Federal Trade SA 3998. Mr. DORGAN submitted an sent to a unique electronic mail address. Commission Act (15 U.S.C. 41 et seq.) were amendment intended to be proposed by (4) IDENTIFYING INFORMATION.—The term incorporated into and made part of this sec- him to the bill H.R. 5140, to provide ‘‘identifying information’’, with respect to tion. economic stimulus through recovery an individual, means any of the following: (3) AVAILABILITY OF CEASE-AND-DESIST OR- rebates to individuals, incentives for (A) The last name of the individual com- DERS AND INJUNCTIVE RELIEF WITHOUT SHOW- bined with the first initial or first name of business investment, and an increase in ING OF KNOWLEDGE.—In any proceeding or ac- conforming and FHA loan limits; which the individual. tion pursuant to paragraph (2) to enforce (B) The home address of the individual. compliance through an order to cease and de- was ordered to lie on the table; as fol- (C) The telephone number of the indi- sist or an injunction, the Federal Trade lows: vidual. Commission shall not be required to allege At the appropriate place, insert the fol- (D) The social security number of the indi- or prove the state of mind required by sub- lowing: vidual. section (b). SEC. ll. SUSPENSION OF PETROLEUM ACQUISI- (E) The taxpayer identification number of (d) REFUND CHECK PROTECTION WORKING TION FOR STRATEGIC PETROLEUM the individual. GROUP.— RESERVE. (F) The employer identification number (1) ESTABLISHMENT.—Not later than 30 days (a) IN GENERAL.—Except as provided in that is the same as or is derived from the so- after the date of the enactment of this sec- subsection (b) and notwithstanding any cial security number of the individual. tion, the Commissioner of Internal Revenue other provision of law, during calendar year (G) A financial account number, credit shall establish a working group to be known 2008, the Secretary of Energy shall suspend card number, or debit card number of the in- as the ‘‘Refund Check Protection Working acquisition of petroleum for the Strategic dividual that is combined with any required Group’’ (hereafter in this subsection referred Petroleum Reserve through the royalty-in- kind program or any other acquisition meth- security code, access code, or password that to as the ‘‘Working Group’’). od. would permit access to a financial account of (2) MEMBERSHIP.— (b) RESUMPTION.—The Secretary may re- such individual. (A) APPOINTMENT AND CONSULTATION.—Sub- sume acquisition of petroleum for the Stra- (H) The driver’s license identification num- ject to subparagraph (B), members of the tegic Petroleum Reserve through the roy- ber or State resident identification number Working group shall be appointed by the alty-in-kind program or any other acquisi- of the individual. Commissioner of Internal Revenue in con- tion method under subsection (a) not earlier (I) Such other information that is suffi- sultation with the head of each of the agen- than 30 days after the date on which the Sec- cient to identify the individual by name. cies described in such subparagraph. retary notifies Congress that the Secretary (5) INTERNET.—The term ‘‘Internet’’ means (B) COMPOSITION.—The Working Group has determined that the weighted average the international computer network of both shall be composed of 5 members of whom— price of petroleum in the United States for Federal and non-Federal interoperable pack- (i) 1 shall be a representative of the Inter- the most recent 90-day period is $50 or less et switched data networks. nal Revenue Service; per barrel. (6) WEB PAGE.—The term ‘‘web page’’ (ii) 1 shall be a representative of the Fed- means a location, with respect to the World eral Trade Commission; SA 3999. Ms. LANDRIEU (for herself Wide Web, that has a single Uniform Re- (iii) 1 shall be a representative of the De- and Mr. VITTER) submitted an amend- source Locator or another single location partment of Justice; ment intended to be proposed to with respect to the Internet, as the Federal (iv) 1 shall be a representative of the Fed- amendment SA 3983 proposed by Mr. Trade Commission may prescribe. eral Bureau of Investigation; and (b) USE OF DECEPTIVE OR MISLEADING WEB REID to the bill H.R. 5140, to provide (v) 1 shall be a representative of the Secret economic stimulus through recovery PAGES, DOMAIN NAMES, AND ELECTRONIC MAIL Service. MESSAGES REFERRING TO THE INTERNAL REV- (C) CHAIR.—The Working Group shall se- rebates to individuals, incentives for ENUE SERVICE.—It shall be unlawful for any lect a chair from among its members. business investment, and an increase in person, by means of a web page, domain (3) DUTIES.— conforming and FHA loan limits; which name, electronic mail message, or otherwise (A) BEST PRACTICES.—The Working Group was ordered to lie on the table; as fol- through the use of the Internet, to solicit, shall collect, review, disseminate, and advise lows: request, or take any action, to induce an in- on best practices and any additional govern- On page 13, before line 4, insert the fol- dividual to provide identifying information mental efforts required to protect the integ- by representing itself to be the Internal Rev- lowing: rity of the distribution of refunds for Federal enue Service, or another governmental office SEC. 102. USE OF AMENDED INCOME TAX RE- taxes. administering any refund of Federal taxes, TURNS TO TAKE INTO ACCOUNT RE- (B) MONTHLY REPORT.—Not later than 3 CEIPT OF CERTAIN HURRICANE-RE- without the authority or approval of the months after the date on which the Working LATED CASUALTY LOSS GRANTS BY Commissioner of Internal Revenue, if— Group is established, and every month there- DISALLOWING PREVIOUSLY TAKEN (1) the representing person does not have after, the Working Group shall submit to CASUALTY LOSS DEDUCTIONS. the express authority or approval of the Congress a report on its findings with re- Notwithstanding any other provision of Commissioner of Internal Revenue or other the Internal Revenue Code of 1986, if a tax- spect to its activities under subparagraph governmental office to represent itself as the payer claims a deduction for any taxable (A). Internal Revenue Service, or another govern- year with respect to a casualty loss to a per- (4) TERMINATION.—This Working Group mental office administering any refund of sonal residence (within the meaning of sec- shall terminate 180 days after the date of the Federal taxes; and tion 121 of such Code) resulting from Hurri- enactment of this section. (2) the representing person has actual cane Katrina or Hurricane Rita and in a sub- (e) EFFECT ON FEDERAL TRADE COMMISSION knowledge, or knowledge fairly implied on sequent taxable year receives a grant under ACT.—Nothing in this section may be con- the basis of objective circumstances, that Public Law 109–148, 109–234, or 110–116 as re- strued to reduce the authority of the Federal such web page, domain name, electronic mail imbursement for such loss from the State of Trade Commission to bring enforcement ac- message, or other means would be likely to Louisiana or the State of Mississippi, such tions under the Federal Trade Commission mislead an individual, acting reasonably taxpayer may elect to file an amended in- Act for materially false or deceptive rep- under the circumstances, about a material come tax return for the taxable year in resentations or unfair practices on the Inter- fact regarding the contents of such elec- which such deduction was allowed and dis- net. tronic mail message, instant message, web allow such deduction. If elected, such amend- page, or advertisement (consistent with the SA 3997. Mr. HARKIN submitted an ed return must be filed not later than the due date for filing the tax return for the tax- criteria used in the enforcement of section 5 amendment intended to be proposed to of the Federal Trade Commission Act (15 able year in which the taxpayer receives U.S.C. 45)). amendment SA 3983 submitted by Mr. such reimbursement. Any increase in Fed- (c) ENFORCEMENT BY FEDERAL TRADE COM- BROWNBACK (for himself, Mr. DORGAN, eral income tax resulting from such dis- MISSION.— Ms. CANTWELL, and Mr. INOUYE) to the allowance shall not be subject to any penalty

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or interest under such Code if such amended ‘‘(A) the amount described in subsection (b) EFFECTIVE DATE.—The amendments return is so filed. (a); and made by subsection (a) shall be effective dur- ‘‘(B) the relative State population propor- ing the period beginning on the date of the SA 4000. Ms. LANDRIEU (for herself tion (as defined in paragraph (4)). enactment of this Act and ending on Sep- and Mr. VITTER) submitted an amend- ‘‘(4) RELATIVE STATE POPULATION PROPOR- tember 30, 2008. ment intended to be proposed to TION DEFINED.—For purposes of paragraph (c) REVIVAL.—Effective on October 1, 2008, amendment SA 3983 proposed by Mr. (3)(B), the term ‘relative State population the provisions of subsection (b)(2) and para- REID to the bill H.R. 5140, to provide proportion’ means, with respect to a State, graphs (1) and (2) of subsection (d) of such economic stimulus through recovery the amount equal to the quotient of— section 2102, as such provisions were in effect on the day before the date of the enactment rebates to individuals, incentives for ‘‘(A) the population of the State (as re- ported in the most recent decennial census); of this Act, are hereby revived. business investment, and an increase in and SEC. lll. TEMPORARY INCREASE IN ASSIST- conforming and FHA loan limits; which ‘‘(B) the total population of all States (as ANCE FOR PROVIDING AUTO- was ordered to lie on the table; as fol- reported in the most recent decennial cen- MOBILES OR OTHER CONVEYANCES lows: sus). TO CERTAIN DISABLED VETERANS. On page 4, line 14, insert ‘‘For purposes of ‘‘(d) USE OF PAYMENT.— (a) IN GENERAL.—Section 3902(a) of title 38, the preceding sentence, adjusted gross in- ‘‘(1) IN GENERAL.—Subject to paragraph (2), United States Code, is amended by striking come shall not include any income resulting a State shall use the funds provided under a ‘‘$11,000’’ and inserting ‘‘$22,484’’. from the recapture of any casualty loss de- payment made under this section for infra- (b) EFFECTIVE DATE.—The amendment duction due to the receipt of any grants structure needs, including— made by subsection (a) shall be effective dur- under Public Law 109–148, 109–234, or 110– ‘‘(A) construction, maintenance, or repair ing the period beginning on the date of the 116.’’. of highways and bridges; enactment of this Act and ending on Sep- ‘‘(B) mass transit projects; tember 30, 2008. (c) REVIVAL.—Effective on October 1, 2008, SA 4001. Mr. NELSON of Nebraska ‘‘(C) public works projects, such as water, wastewater treatment, sewer, or drinking the provisions of such section 3902(a), as such submitted an amendment intended to provisions were in effect on the day before be proposed to amendment SA 3983 pro- water projects; or ‘‘(D) other capital construction needs. the date of the enactment of this Act, are posed by Mr. REID to the bill H.R. 5140, ‘‘(2) LIMITATION.—A State may only use hereby revived. to provide economic stimulus through funds provided under a payment made under recovery rebates to individuals, incen- this section if such funds are obligated for SA 4003. Mr. SANDERS (for himself tives for business investment, and an expenditure before October 1, 2008. and Mrs. CLINTON) submitted an increase in conforming and FHA loan ‘‘(e) CERTIFICATION.—In order to receive a amendment intended to be proposed to limits; which was ordered to lie on the payment under this section, the State shall amendment SA 3983 proposed by Mr. table; as follows: provide the Secretary of the Treasury with a REID to the bill H.R. 5140, to provide At the end add the following: certification that the State’s proposed uses economic stimulus through recovery of the funds are consistent with subsection TITLE VI—TEMPORARY INFRASTRUCTURE rebates to individuals, incentives for (d). business investment, and an increase in GRANTS TO STATES ‘‘(f) DEFINITION OF STATE.—In this section, SEC. 601. TEMPORARY INFRASTRUCTURE the term ‘State’ means the 50 States, the conforming and FHA loan limits; which GRANTS TO STATES. District of Columbia, the Commonwealth of was ordered to lie on the table; as fol- Section 601 of the Social Security Act (42 Puerto Rico, the United States Virgin Is- lows: U.S.C. 801) is amended to read as follows: lands, Guam, the Commonwealth of the On page 69, strike lines 1 through 4 and in- ‘‘SEC. 601. TEMPORARY INFRASTRUCTURE Northern Mariana Islands, and American sert the following: GRANTS TO STATES. Samoa. ‘‘(a) APPROPRIATION.—There is authorized TITLE V—ADDITIONAL APPROPRIATIONS ‘‘(g) REPEAL.—This title is repealed on Oc- to be appropriated and is appropriated for tober 1, 2008.’’. SEC. 501. WEATHERIZATION ASSISTANCE. making payments to States under this sec- In addition to amounts available as of the tion, $5,000,000,000 for fiscal year 2008. SA 4002. Mr. SANDERS (for himself date of enactment of this Act for the weath- ‘‘(b) PAYMENTS.—From the amount appro- erization assistance program of the Depart- and Mrs. CLINTON) submitted an priated under subsection (a), the Secretary ment of Energy, there is hereby appropriated of the Treasury shall, not later than the amendment intended to be proposed to for that program $500,000,000. amendment SA 3983 proposed by Mr. later of the date that is 45 days after the TITLE VI—EMERGENCY DESIGNATION OF date of enactment of this section or the date REID to the bill H.R. 5140, to provide APPROPRIATED AMOUNTS that a State provides the certification re- economic stimulus through recovery SEC. 601. EMERGENCY DESIGNATION. quired by subsection (e), pay each State the rebates to individuals, incentives for amount determined for the State under sub- business investment, and an increase in SA 4004. Mr. SANDERS (for himself, section (c). conforming and FHA loan limits; which ‘‘(c) PAYMENTS BASED ON POPULATION.— Mrs. CLINTON, and Mr. KERRY) sub- was ordered to lie on the table; as fol- ‘‘(1) IN GENERAL.—Subject to paragraph (2), mitted an amendment intended to be lows: the amount appropriated under subsection proposed to amendment SA 3983 pro- (a) shall be used to pay each State an At the appropriate place in the appropria- posed by Mr. REID to the bill H.R. 5140, amount equal to the relative population pro- tions section, insert the following: to provide economic stimulus through portion amount described in paragraph (3). (ll) For an additional amount for com- ‘‘(2) MINIMUM PAYMENT.— munity health centers under section 330 of recovery rebates to individuals, incen- ‘‘(A) IN GENERAL.—No State shall receive a the Public Health Service Act (42 U.S.C. tives for business investment, and an payment under this section that is less 254b), $148,000,000. increase in conforming and FHA loan than— (ll) For an additional amount for the limits; which was ordered to lie on the ‘‘(i) in the case of 1 of the 50 States or the weatherization assistance program of the De- table; as follows: District of Columbia, 1⁄2 of 1 percent of the partment of Energy, $500,000,000. On page 69, strike lines 1 through 4 and in- amount appropriated under subsection (a); (ll) For an additional amount to carry sert the following: and out title X of the Energy Independence and ‘‘(ii) in the case of the Commonwealth of Security Act of 2007 (Public Law 110–140; 121 TITLE V—ADDITIONAL APPROPRIATIONS Puerto Rico, the United States Virgin Is- Stat. 1748) and amendments made by that SEC. 501. GREEN JOBS. lands, Guam, the Commonwealth of the title, $125,000,000. In addition to amounts available as of the Northern Mariana Islands, or American At the appropriate place, insert the fol- date of enactment of this Act to carry out Samoa, 1⁄10 of 1 percent of the amount appro- lowing: title X of the Energy Independence and Secu- priated under subsection (a). SEC. lll. TEMPORARY INCREASE IN SPECIALLY rity Act of 2007 (Public Law 110–140; 121 Stat. ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- ADAPTED HOUSING BENEFITS FOR 1748) and amendments made by that title, retary of the Treasury shall adjust on a pro DISABLED VETERANS. there is hereby appropriated for that title rata basis the amount of the payments to (a) IN GENERAL.—Section 2102 of title 38, and those amendments $125,000,000. States determined under this section with- United States Code, is amended— TITLE VI—EMERGENCY DESIGNATION OF out regard to this subparagraph to the ex- (1) in subsection (b)(2), by striking APPROPRIATED AMOUNTS tent necessary to comply with the require- ‘‘$10,000’’ and inserting ‘‘$12,000’’; and SEC. 601. EMERGENCY DESIGNATION. ments of subparagraph (A). (2) in subsection (d)— ‘‘(3) RELATIVE POPULATION PROPORTION (A) in paragraph (1), by striking ‘‘$50,000’’ AMOUNT.—The relative population proportion and inserting ‘‘$60,000’’; and SA 4005. Mr. SANDERS submitted an amount described in this paragraph is the (B) in paragraph (2), by striking ‘‘$10,000’’ amendment intended to be proposed to product of— and inserting ‘‘$12,000’’. amendment SA 3983 proposed by Mr.

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 smartinez on PRODPC61 with SENATE S748 CONGRESSIONAL RECORD — SENATE February 6, 2008 REID to the bill H.R. 5140, to provide ‘‘(1) IN GENERAL.—Of the obligation author- ‘‘(1) $300,000,000 for stimulus grants to re- economic stimulus through recovery ity distributed under subsection (a)(4), not cipients described in subsection (b)(1); and rebates to individuals, incentives for less than $4,000,000,000 shall be provided to ‘‘(2) $700,000,000 for stimulus grants to re- business investment, and an increase in States for use in carrying out highway cipients described in subsection (b)(2). projects that the States determine will pro- ‘‘(d) DISTRIBUTION OF FUNDS.— conforming and FHA loan limits; which vide rapid economic stimulus. ‘‘(1) EXPEDITED NEW STARTS GRANTS.— was ordered to lie on the table; as fol- ‘‘(2) REQUIREMENT.—A State that seeks a Funds described in subsection (c)(1) shall be lows: distribution of the obligation authority de- distributed among eligible recipients so that At the appropriate place in the appropria- scribed in paragraph (1) shall agree to obli- each recipient receives an equal percentage tions section, insert the following: gate funds so received not later than 120 days increase based on the Federal funding com- (ll) For an additional amount for com- after the date on which the State receives mitment for fiscal year 2008 specified in At- munity health centers under section 330 of the funds. tachment 6 of the recipient’s full funding the Public Health Service Act (42 U.S.C. ‘‘(3) FLEXIBILITY.—A State that receives a grant agreement. 254b), $148,000,000. distribution of the obligation authority de- ‘‘(2) FORMULA GRANTS.—Of the funds de- scribed in paragraph (1) may use the funds scribed in subsection (c)(2)— SA 4006. Mr. CHAMBLISS (for him- for any highway project described in para- ‘‘(A) 60 percent shall be distributed accord- graph (1), regardless of any funding limita- ing to the formula in subsections (a) through self, Mr. CRAPO, Mr. DEMINT, and Mr. tion or formula that is otherwise applicable (c) of section 5336 of title 49, United States COBURN) submitted an amendment in- to projects carried out using obligation au- Code; and tended to be proposed to amendment thority under this section. ‘‘(B) 40 percent shall be distributed accord- SA 3983 proposed by Mr. REID to the ‘‘(4) FEDERAL SHARE.—The Federal share of ing to the formula in section 5340 of title 49, bill H.R. 5140, to provide economic any highway project carried out using funds United States Code. stimulus through recovery rebates to described in paragraph (1) shall be 100 per- ‘‘(3) ALLOCATION.—The Secretary shall de- individuals, incentives for business in- cent.’’. termine the allocation of the amounts de- vestment, and an increase in con- (b) CONFORMING AMENDMENTS.— scribed in subsection (c)(1) and shall appor- (1) The matter under the heading ‘‘(INCLUD- forming and FHA loan limits; which tion amounts described in subsection (c)(2) ING TRANSFER OF FUNDS)’’ under the heading not later than 20 days after the date of en- was ordered to lie on the table; as fol- ‘‘(HIGHWAY TRUST FUND)’’ under the heading actment of this section. lows: ‘‘(LIMITATION ON OBLIGATIONS)’’ under the ‘‘(4) NOTIFICATION TO CONGRESS.—The Sec- Strike title V. heading ‘‘FEDERAL-AID HIGHWAYS’’ under the retary shall notify the committees referred heading ‘‘FEDERAL HIGHWAY ADMINISTRA- to in section 5334(k) of title 49, United States SA 4007. Mr. WYDEN (for himself, TION’’ of title I of division K of the Consoli- Code, of the allocations determined under Mr. THUNE, Mr. DODD, Mr. SHELBY, Mrs. dated Appropriations Act, 2008 (Public Law paragraph (3) not later than 3 days after such 110–161; 121 Stat. 1844) is amended by striking CLINTON, Mr. DURBIN, Mr. HARKIN, Mr. determination is made. ‘‘$40,216,051,359’’ and inserting JOHNSON, Mr. MENENDEZ, Ms. MIKULSKI, ‘‘(5) OBLIGATION REQUIREMENT.—The Sec- ‘‘$44,216,051,359’’. retary shall obligate the funds described in Mr. REED, Mr. SANDERS, Mr. SCHUMER, (2) The matter under the heading ‘‘(INCLUD- subsection (c)(1) as expeditiously as prac- and Mr. WEBB) submitted an amend- ING RESCISSION)’’ under the heading ‘‘(HIGH- ticable, but in no case later than 120 days ment intended to be proposed to WAY TRUST FUND)’’ under the heading ‘‘(LIMI- after the date of enactment of this section. amendment SA 3983 proposed by Mr. TATION ON OBLIGATIONS)’’ under the heading ‘‘(e) PRE-AWARD SPENDING AUTHORITY.— REID to the bill H.R. 5140, to provide ‘‘(LIQUIDATION OF CONTRACT AUTHORITY)’’ ‘‘(1) IN GENERAL.—A recipient of a grant economic stimulus through recovery under the heading ‘‘FORMULA AND BUS under this section shall have pre-award GRANTS’’ under the heading ‘‘FEDERAL TRAN- rebates to individuals, incentives for spending authority. SIT ADMINISTRATION’’ of title I of division K business investment, and an increase in ‘‘(2) REQUIREMENTS.—Any expenditure of the Consolidated Appropriations Act, 2008 made pursuant to pre-award spending au- conforming and FHA loan limits; which (Public Law 110–161; 121 Stat. 1844) is amend- thorized by this subsection shall conform was ordered to lie on the table; as fol- ed by striking ‘‘$6,855,000,000’’ and inserting with applicable Federal requirements in lows: ‘‘, and section 3052 of Public Law 109–59, order to remain eligible for future Federal At the end, add the following: $7,855,000,000’’. reimbursement. (3) Sections 9503(c)(1) and 9503(e)(3) of the ‘‘(f) FEDERAL SHARE.—The Federal share of TITLE VI—INCREASED FUNDING FOR Internal Revenue Code of 1986 are each a stimulus grant authorized under this sec- HIGHWAY TRUST FUND amended by inserting ‘‘, as amended by the tion shall be 100 percent. SEC. 601. REPLENISH EMERGENCY SPENDING Economic Stimulus Act of 2008,’’. ‘‘(g) SELF-CERTIFICATION.— FROM HIGHWAY TRUST FUND. SEC. 603. STIMULUS OF MANUFACTURING AND ‘‘(1) IN GENERAL.—Prior to the obligation of (a) IN GENERAL.—Section 9503(b) of the In- CONSTRUCTION THROUGH PUBLIC stimulus grant funds under this section, the ternal Revenue Code of 1986 is amended— TRANSPORTATION INVESTMENT. recipient of the grant award shall certify— (1) by adding at the end the following new (a) IN GENERAL.—Title III of the Safe, Ac- ‘‘(A) for recipients described in subsection paragraph: countable, Flexible, Efficient Transportation (b)(1), that the recipient will comply with ‘‘(7) EMERGENCY SPENDING REPLENISH- Equity Act: A Legacy for Users (Public Law the terms and conditions that apply to 109–59; 119 Stat. 1544) is amended by adding at MENT.—There is hereby appropriated to the grants under section 5309 of title 49, United the end the following: Highway Trust Fund $5,000,000,000, of which— States Code; ‘‘(A) $4,000,000,000 shall be deposited in the ‘‘SEC. 3052. STIMULUS OF MANUFACTURING AND ‘‘(B) for recipients under subsection (b)(2), CONSTRUCTION THROUGH PUBLIC Highway Account; and that the recipient will comply with the ‘‘(B) $1,000,000,000 shall be deposited in the TRANSPORTATION INVESTMENT. ‘‘(a) AUTHORIZATION.—The Secretary is au- terms and conditions that apply to grants Mass Transit Account.’’, and thorized to make stimulus grants under this under section 5307 of title 49, United States (2) by striking ‘‘AMOUNTS EQUIVALENT TO section to public transportation agencies. Code; and CERTAIN TAXES AND PENALTIES’’ in the head- ‘‘(b) ELIGIBLE RECIPIENTS.—Stimulus ‘‘(C) that the funds will be used in a man- ing and inserting ‘‘CERTAIN AMOUNTS’’. grants authorized under subsection (a) may ner that will stimulate the economy. (b) EFFECTIVE DATE.—The amendments be awarded— ‘‘(2) CERTIFICATION.—Required certifi- made by this section shall take effect on the ‘‘(1) to public transportation agencies cations may be made as part of the certifi- date of the enactment of this Act. which have a full funding grant agreement in cation required under section 5307(d)(1) of SEC. 602. OBLIGATION AUTHORITY FOR STIM- force on the date of enactment of this sec- title 49, United States Code. ULUS PROJECTS. tion with Federal payments scheduled in any ‘‘(3) AUDIT.—If, upon the audit of any re- (a) IN GENERAL.—Section 1102 of the Safe, year beginning with fiscal year 2008, for ac- cipient under this section, the Secretary Accountable, Flexible, Efficient Transpor- tivities authorized under the full funding finds that the recipient has not complied tation Equity Act: A Legacy for Users (23 grant agreement that would expedite con- with the requirements of this section and U.S.C. 104 note; Public Law 109–59) is amend- struction of the project; and has not made a good-faith effort to comply, ed— ‘‘(2) to designated recipients as defined in the Secretary may withhold not more than (1) in subsection (a)— section 5307 of title 49, United States Code, 25 percent of the amount required to be ap- (A) in the matter preceding paragraph (1), for immediate use to address a backlog of ex- propriated for that recipient under section by striking ‘‘(g) and (h)’’ and inserting ‘‘(g), isting maintenance needs or to purchase roll- 5307 of title 49, United States Code, for the (h), and (l)’’; and ing stock or buses, if the contracts for such following fiscal year if the Secretary notifies (B) paragraph (4), by striking purchases are in place prior to the grant the committees referred to in subsection ‘‘$39,585,075,404’’ and inserting award. (d)(4) at least 21 days prior to such with- ‘‘$43,585,075,404’’; and ‘‘(c) USE OF FUNDS.—Of the amounts made holding.’’. (2) by adding at the end the following: available to carry out this section, the Sec- (b) STIMULUS GRANT FUNDING.—Section ‘‘(l) OBLIGATION AUTHORITY FOR STIMULUS retary shall use to make grants under this 5338 of title 49, United States Code, is amend- PROJECTS.— section— ed by adding at the end the following:

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‘‘(h) STIMULUS GRANT FUNDING.—For fiscal ‘‘(2) TAXPAYER DESCRIBED.—A taxpayer is first taxable year beginning in 2007 shall be year 2008, $1,000,000,000 shall be available described in this paragraph if the taxpayer— treated as having made a payment against from the Mass Transit Account of the High- ‘‘(A) has qualifying income of at least the tax imposed by chapter 1 for such first way Trust Fund to carry out section 3052 of $3,000, or taxable year in an amount equal to the ad- the Safe, Accountable, Flexible, Efficient ‘‘(B) has— vance refund amount for such taxable year. Transportation Equity Act: A Legacy for ‘‘(i) net income tax liability which is great- ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- Users.’’. er than zero, and poses of paragraph (1), the advance refund (c) EXPANDED BUS SERVICE IN SMALL COM- ‘‘(ii) gross income which is greater than amount is the amount that would have been MUNITIES.—Section 5307(b)(2) of title 49, the sum of the basic standard deduction plus allowed as a credit under this section for United States Code, is amended— the exemption amount (twice the exemption such first taxable year if this section (other (1) in the paragraph heading, by striking amount in the case of a joint return). than subsection (f) and this subsection) had ‘‘2007’’ and inserting ‘‘2009’’; ‘‘(c) TREATMENT OF CREDIT.—The credit al- applied to such taxable year. (2) in subparagraph (A), by striking ‘‘2007’’ lowed by subsection (a) shall be treated as ‘‘(3) TIMING OF PAYMENTS.—The Secretary and inserting ‘‘2009’’; and allowed by subpart C of part IV of sub- shall, subject to the provisions of this title, (3) by adding at the end the following: chapter A of chapter 1. refund or credit any overpayment attrib- ‘‘(E) MAXIMUM AMOUNTS IN FISCAL YEARS ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS utable to this section as rapidly as possible. 2008 AND 2009.—In fiscal years 2008 and 2009— INCOME.—The amount of the credit allowed No refund or credit shall be made or allowed ‘‘(i) amounts made available to any urban- by subsection (a) (determined without regard under this subsection after December 31, ized area under clause (i) or (ii) of subpara- to this subsection and subsection (f)) shall be 2008. graph (A) shall be not more than 50 percent reduced (but not below zero) by 5 percent of ‘‘(4) NO INTEREST.—No interest shall be al- of the amount apportioned in fiscal year 2002 so much of the taxpayer’s adjusted gross in- lowed on any overpayment attributable to to the urbanized area with a population of come as exceeds $75,000 ($150,000 in the case this section. less than 200,000, as determined in the 1990 of a joint return). ‘‘(h) IDENTIFICATION NUMBER REQUIRE- ‘‘(e) DEFINITIONS.—For purposes of this sec- decennial census of population; MENT.— tion— ‘‘(ii) amounts made available to any urban- ‘‘(1) IN GENERAL.—No credit shall be al- ‘‘(1) NET INCOME TAX LIABILITY.—The term ized area under subparagraph (A)(iii) shall be lowed under subsection (a) to an eligible in- ‘net income tax liability’ means the excess not more than 50 percent of the amount ap- dividual who does not include on the return of— portioned to the urbanized area under this of tax for the taxable year— ‘‘(A) the sum of the taxpayer’s regular tax section for fiscal year 2003; and ‘‘(A) such individual’s valid identification liability (within the meaning of section ‘‘(iii) each portion of any area not des- number, 26(b)) and the tax imposed by section 55 for ignated as an urbanized area, as determined ‘‘(B) in the case of a joint return, the valid the taxable year, over by the 1990 decennial census, and eligible to identification number of such individual’s ‘‘(B) the credits allowed by part IV (other receive funds under subparagraph (A)(iv), spouse, and than section 24 and subpart C thereof) of sub- shall receive an amount of funds to carry out ‘‘(C) in the case of any qualifying child chapter A of chapter 1. this section that is not less than 50 percent taken into account under subsection ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- of the amount the portion of the area re- (b)(1)(B), the valid identification number of ble individual’ means any individual other ceived under section 5311 in fiscal year such qualifying child. than— 2002.’’. ‘‘(2) VALID IDENTIFICATION NUMBER.—For ‘‘(A) any nonresident alien individual, purposes of paragraph (1), the term ‘valid ‘‘(B) any individual with respect to whom a identification number’ means a social secu- SA 4008. Mr. MCCONNELL (for him- deduction under section 151 is allowable to rity number issued to an individual by the self, Mr. STEVENS, Mr. ROBERTS, Mr. another taxpayer for a taxable year begin- Social Security Administration. Such term BOND, Mr. BROWNBACK, Mr. BUNNING, ning in the calendar year in which the indi- shall not include a TIN issued by the Inter- Mr. CORNYN, Mr. HATCH, Mr. SUNUNU, vidual’s taxable year begins, and nal Revenue Service. Mr. ALEXANDER, Mr. BURR, Mr. ‘‘(C) an estate or trust. ‘‘(i) COORDINATION WITH DEFICIENCY PROCE- ISAKSON, Mr. VITTER, Mr. THUNE, Mr. ‘‘(3) QUALIFYING INCOME.—The term ‘quali- DURES.—For purposes of sections 6211(b)(4)(A) CHAMBLISS, Mr. KYL, Mr. GRAHAM, Mr. fying income’ means— and 6213(g)(2)(F), any reference to section 32 shall be treated as including a reference to CRAIG, and Mr. CRAPO) submitted an ‘‘(A) earned income, this section.’’. amendment intended to be proposed by ‘‘(B) social security benefits (within the meaning of section 86(d)), and (b) TREATMENT OF POSSESSIONS.— him to the bill H.R. 5140, to provide ‘‘(C) any compensation or pension received (1) MIRROR CODE POSSESSION.—The Sec- economic stimulus through recovery under chapter 11, chapter 13, or chapter 15 of retary of the Treasury shall make a payment rebates to individuals, incentives for title 38, United States Code. to each possession of the United States with business investment, and an increase in ‘‘(4) EARNED INCOME.—The term ‘earned in- a mirror code tax system in an amount equal conforming and FHA loan limits; which come’ has the meaning set forth in section to the loss to that possession by reason of was ordered to lie on the table; as fol- 32(c)(2) except that— the amendments made by this section. Such amount shall be determined by the Secretary lows: ‘‘(A) subclause (II) of subparagraph (B)(vi) thereof shall be applied by substituting ‘Jan- of the Treasury based on information pro- Beginning on page 2, strike line 4 and all uary 1, 2009’ for ‘January 1, 2008’, and vided by the government of the respective that follows through page 10, line 20, and in- ‘‘(B) such term shall not include net earn- possession. sert the following: ings from self-employment which are not (2) OTHER POSSESSIONS.—The Secretary of SEC. 101. 2008 RECOVERY REBATES FOR INDIVID- taken into account in computing taxable in- the Treasury shall make a payment to each UALS. come. possession of the United States which does (a) IN GENERAL.—Section 6428 of the Inter- ‘‘(5) BASIC STANDARD DEDUCTION; EXEMPTION not have a mirror code tax system in an nal Revenue Code of 1986 is amended to read AMOUNT.—The terms ‘basic standard deduc- amount estimated by the Secretary of the as follows: tion’ and ‘exemption amount’ shall have the Treasury as being equal to the aggregate ‘‘SEC. 6428. 2008 RECOVERY REBATES FOR INDI- same respective meanings as when used in benefits that would have been provided to VIDUALS. section 6012(a). residents of such possession by reason of the ‘‘(a) IN GENERAL.—In the case of an eligible ‘‘(f) COORDINATION WITH ADVANCE REFUNDS amendments made by this section if a mirror individual, there shall be allowed as a credit OF CREDIT.— code tax system had been in effect in such against the tax imposed by subtitle A for the ‘‘(1) IN GENERAL.—The amount of credit possession. The preceding sentence shall not first taxable year beginning in 2008 an which would (but for this paragraph) be al- apply with respect to any possession of the amount equal to the lesser of— lowable under this section shall be reduced United States unless such possession has a ‘‘(1) net income tax liability, or (but not below zero) by the aggregate refunds plan, which has been approved by the Sec- ‘‘(2) $600 ($1,200 in the case of a joint re- and credits made or allowed to the taxpayer retary of the Treasury, under which such turn). under subsection (g). Any failure to so re- possession will promptly distribute such pay- ‘‘(b) SPECIAL RULES.— duce the credit shall be treated as arising ment to the residents of such possession. ‘‘(1) IN GENERAL.—In the case of a taxpayer out of a mathematical or clerical error and (3) DEFINITIONS AND SPECIAL RULES.— described in paragraph (2)— assessed according to section 6213(b)(1). (A) POSSESSION OF THE UNITED STATES.—For ‘‘(A) the amount determined under sub- ‘‘(2) JOINT RETURNS.—In the case of a re- purposes of this subsection, the term ‘‘pos- section (a) shall not be less than $300 ($600 in fund or credit made or allowed under sub- session of the United States’’ includes the the case of a joint return), and section (g) with respect to a joint return, Commonwealth of Puerto Rico and the Com- ‘‘(B) the amount determined under sub- half of such refund or credit shall be treated monwealth of the Northern Mariana Islands. section (a) (after the application of subpara- as having been made or allowed to each indi- (B) MIRROR CODE TAX SYSTEM.—For pur- graph (A)) shall be increased by the product vidual filing such return. poses of this subsection, the term ‘‘mirror of $300 multiplied by the number of quali- ‘‘(g) ADVANCE REFUNDS AND CREDITS.— code tax system’’ means, with respect to any fying children (within the meaning of sec- ‘‘(1) IN GENERAL.—Each individual who was possession of the United States, the income tion 24(c)) of the taxpayer. an eligible individual for such individual’s tax system of such possession if the income

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.052 S06FEPT1 smartinez on PRODPC61 with SENATE S750 CONGRESSIONAL RECORD — SENATE February 6, 2008 tax liability of the residents of such posses- on armed services be authorized to Senate on Wednesday, February 6, 2008, sion under such system is determined by ref- meet during the session of the Senate at 9:30 a.m. in order to hold a hearing erence to the income tax laws of the United on Wednesday, February 6, 2008, at 9:30 on denuclearization of the Korean pe- States as if such possession were the United States. a.m. in open session to receive testi- ninsula. (C) TREATMENT OF PAYMENTS.—For pur- mony on the defense authorization re- The PRESIDING OFFICER. Without poses of section 1324(b)(2) of title 31, United quest for fiscal year 2009, the Future objection, it is so ordered. States Code, the payments under this sub- Years Defense Program, and the fiscal COMMITTEE ON FOREIGN RELATIONS section shall be treated in the same manner year 2009 request for operations in Iraq Mr. DURBIN. Mr. President, I ask as a refund due from the credit allowed and Afghanistan. unanimous consent that the Com- under section 6428 of the Internal Revenue The PRESIDING OFFICER. Without mittee on Foreign Relations be author- Code of 1986 (as added by this section). objection, it is so ordered. (c) APPROPRIATIONS TO CARRY OUT RECOV- ized to meet during the session of the ERY REBATES.— COMMITTEE ON ENERGY AND NATURAL Senate on Wednesday, February 6, 2008, (1) IN GENERAL.—The following sums are RESOURCES at 1 p.m. in order to hold a nomination hereby appropriated, out of any money in Mr. DURBIN. Mr. President, I ask hearing. the Treasury not otherwise appropriated, for unanimous consent that the Com- The PRESIDING OFFICER. Without the fiscal year ending September 30, 2008, to mittee on Energy and Natural Re- objection, it is so ordered. implement the provisions of this section (in- sources be authorized to meet during cluding the amendments made by this sec- COMMITTEE ON FOREIGN RELATIONS tion): the session of the Senate on Wednes- Mr. DURBIN. Mr. President, I ask (A) For an additional amount for ‘‘Depart- day, February 6, 2008, at 10 a.m., in unanimous consent that the Com- ment of the Treasury—Financial Manage- room SD–366 of the Dirksen Senate Of- mittee on Foreign Relations be author- ment Service—Salaries and Expenses’’, fice Building in order to conduct a ized to meet during the session of the $64,175,000, to remain available until Sep- hearing. At this hearing, the Com- tember 30, 2009. Senate on Wednesday, February 6, 2008, mittee will hear testimony regarding at 3 p.m. in order hold a briefing on (B) For an additional amount for ‘‘Depart- Department of Energy’s budget for fis- ment of the Treasury—Internal Revenue Sudan. Service—Taxpayer Services’’, $50,720,000, to cal year 2009. The PRESIDING OFFICER. Without remain available until September 30, 2009. The PRESIDING OFFICER. Without objection, it is so ordered. (C) For an additional amount for ‘‘Depart- objection, it is so ordered. f ment of the Treasury—Internal Revenue COMMITTEE ON ENVIRONMENT AND PUBLIC Service—Operations Support’’, $151,415,000, WORKS PRIVILEGES OF THE FLOOR to remain available until September 30, 2009. Mr. DURBIN. Mr. President, I ask Mr. BAUCUS. Mr. President, I ask (2) REPORTS.—No later than 15 days after unanimous consent that the Com- enactment of this Act, the Secretary of the unanimous consent that the following mittee on Environment and Public Treasury shall submit a plan to the Commit- fellows, interns, and detailees of the Works be authorized to meet during tees on Appropriations of the House of Rep- staff of the Finance Committee be the session of the Senate on Wednes- resentatives and the Senate detailing the ex- granted the privilege of the floor for pected use of the funds provided by this sub- day, February 6, 2008 at 10 a.m. in room the duration of the debate on the eco- section. Beginning 90 days after enactment 406 of the Dirksen Senate Office Build- nomic stimulus bill: Mary Baker, Tom of this Act, the Secretary of the Treasury ing in order to hold a hearing entitled, Louthan, Elise Stein, Susan Hinck, Su- shall submit a quarterly report to the Com- ‘‘Perectives on the Surface Transpor- mittees on Appropriations of the House of zanne Payne, Hy Hinojosa, Connie tation Commission Report.’’ Representatives and the Senate detailing the Cookson, Mollie Lane, Ben Miller, The PRESIDING OFFICER. Without actual expenditure of funds provided by this Emily Schwartz, Tyler Gamble, Blake objection, it is so ordered. subsection and the expected expenditure of Thompson, Michael Bagel, and such funds in the subsequent quarter. COMMITTEE ON ENVIRONMENT AND PUBLIC (d) REFUNDS DISREGARDED IN THE ADMINIS- Kayleigh Brown. WORKS The PRESIDING OFFICER. Without TRATION OF FEDERAL PROGRAMS AND FEDER- Mr. DURBIN. Mr. President, I ask ALLY ASSISTED PROGRAMS.—Any credit or re- objection, it is so ordered. fund allowed or made to any individual by unanimous consent that the Com- The majority leader is recognized. reason of section 6428 of the Internal Rev- mittee on Environment and Public Mr. REID. Mr. President, I ask unan- enue Code of 1986 (as amended by this sec- Works be authorized to meet during imous consent that Jeffry Phan, a fel- tion) or by reason of subsection (b) of this the session of the Senate on Wednes- section shall not be taken into account as in- low in Senator BINGAMAN’s office, be day, February 6, 2008 in room 410 of the given the privileges of the floor for the come and shall not be taken into account as Dirksen Senate Office Building at 10:05 resources for the month of receipt and the pendency of H.R. 5140 and all votes following two months, for purposes of deter- a.m. in order to hold a business meet- thereon. mining the eligibility of such individual or ing to consider the following item: S. The PRESIDING OFFICER. Without any other individual for benefits or assist- 2146, a bill to authorize the Adminis- objection, it is so ordered. ance, or the amount or extent of benefits or trator of the Environmental Protection assistance, under any Federal program or Agency to accept, as part of a settle- f under any State or local program financed in ment, diesel emission reduction Sup- whole or in part with Federal funds. DO-NOT-CALL IMPROVEMENT ACT (e) CONFORMING AMENDMENTS.— plemental Environmental Projects, and OF 2007 for other purposes. (1) Paragraph (2) of section 1324(b) of title Mr. DURBIN. I ask unanimous con- The PRESIDING OFFICER. Without 31, United States Code, is amended by insert- sent that the Commerce Committee be ing ‘‘or 6428’’ after ‘‘section 35’’. objection, it is so ordered. (2) Paragraph (1) of section 1(i) of the In- discharged from further consideration COMMITTEE ON FINANCE of H.R. 3541, and the Senate proceed to ternal Revenue Code of 1986 is amended by Mr. DURBIN. Mr. President, I ask striking subparagraph (D). its immediate consideration. (3) The item relating to section 6428 in the unanimous consent that the Com- The PRESIDING OFFICER. Without table of sections for subchapter B of chapter mittee on Finance be authorized to objection, it is so ordered. 65 of such Code is amended to read as fol- meet during the session of the Senate The clerk will report the bill by title. lows: on Wednesday, February 6, 2008, at 10 The legislative clerk read as follows: a.m., in room 215 of the Dirksen Senate ‘‘Sec. 6428. 2008 recovery rebates for individ- A bill (H.R. 3541) to amend the ‘‘Do-not- uals.’’. Office Building, in order to hear testi- call’’ Implementation Act to eliminate the SEC. 102. TEMPORARY INCREASE IN LIMITATIONS mony on ‘‘The President’s Fiscal Year automatic removal of telephone numbers ON EXPENSING OF CERTAIN DEPRE- 2009 Budget Proposal.’’ registered on the Federal ‘‘do-not-call’’ reg- CIABLE BUSINESS ASSETS. The PRESIDING OFFICER. Without istry. f objection, it is so ordered. There being no objection, the Senate AUTHORITY FOR COMMITTEES TO COMMITTEE ON FOREIGN RELATIONS proceeded to consider the bill. MEET Mr. DURBIN. Mr. President, I ask Mr. DURBIN. I ask unanimous con- COMMITTEE ON ARMED SERVICES unanimous consent that the Com- sent that the bill be read a third time, Mr. DURBIN. Mr. President, I ask mittee on Foreign Relations be author- passed, the motion to reconsider be unanimous consent that the committee ized to meet during the session of the laid upon the table with no intervening

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Organization on October 19, 2005. under the previous order. f The United States supported the de- velopment of the Convention as a There being no objection, the Senate, MEASURE READ THE FIRST means to ensure equitable and effective at 7:32 p.m., recessed until Thursday, TIME—S. 2596 application and promotion of anti- February 7, 2008, at 10:30 a.m. Mr. DURBIN. I understand there is a doping controls in international com- bill at the desk, and I ask for its first petition. The Convention will help to f reading. advance international cooperation on The PRESIDING OFFICER. The and promotion of international doping NOMINATIONS clerk will report. control efforts, and will help to protect The legislative clerk read as follows: the integrity and spirit of sport by sup- Executive nominations received by A bill (S. 2596) to rescind funds appro- porting efforts to ensure a fair and the Senate: priated by the Consolidated Appropriations doping-free environment for athletes. Act of 2008 for the City of Berkeley, Cali- The International Olympic Move- DEPARTMENT OF HOUSING AND URBAN fornia, and any entities located in such city, DEVELOPMENT and to provide that such funds shall be trans- ment has been supportive of the pro- motion and adoption of this Conven- SUSAN D. PEPPLER, OF CALIFORNIA, TO BE AN ASSIST- ferred to the Operation and Maintenance, ANT SECRETARY OF HOUSING AND URBAN DEVELOP- Marine Corps account of the Department of tion by the international community. MENT, VICE PAMELA HUGHES PATENAUDE. Defense for the purposes of recruiting. Ratification by the United States will DEPARTMENT OF STATE Mr. DURBIN. I now ask for its second demonstrate the United States’ long- LINDA THOMAS-GREENFIELD, OF LOUISIANA, A CA- reading and, in order to place the bill standing commitment to the develop- REER MEMBER OF THE SENIOR FOREIGN SERVICE, on the calendar under the provisions of ment of international anti-doping con- CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR trols and its commitment to apply and EXTRAORDINARY AND PLENIPOTENTIARY OF THE rule XIV, I object to my own request. UNITED STATES OF AMERICA TO THE REPUBLIC OF LIBE- The PRESIDING OFFICER. Objec- facilitate the application of appro- RIA. tion is heard. priate anti-doping controls during The bill will receive its second read- international competitions held in the FOREIGN SERVICE ing on the next legislative day. United States. Ratification will also THE FOLLOWING-NAMED CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- f ensure that the United States will con- RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- tinue to remain eligible to host inter- IOR FOREIGN SERVICE TO THE CLASSES INDICATED: REMOVAL OF INJUNCTION OF SE- national competitions. The Convention CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CRECY—TREATY DOCUMENT NO. CLASS OF CAREER MINISTER: does not cover U.S. sports leagues. 110–14 I recommend that the Senate give ALLAN P. MUSTARD, OF WASHINGTON CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, Mr. DURBIN. Mr. President, as in ex- prompt and favorable consideration to CLASS OF MINISTER-COUNSELOR: ecutive session, I ask unanimous con- the Convention and give its advice and NICHOLAS E. GUTIERREZ, OF TEXAS sent that the Injunction of Secrecy be consent to ratification. LLOYD S. HARBERT, OF VIRGINIA removed from the following treaty GEORGE W. BUSH. ROSS GLANTON KREAMER, OF KENTUCKY KENT D. SISSON, OF IDAHO transmitted to the Senate on February THE WHITE HOUSE, February 6, 2008. ROBIN TILSWORTH, OF CALIFORNIA 6, 2008 by the President of the United f CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, States: International Convention CLASS OF COUNSELOR: ORDERS FOR THURSDAY, Against Doping in Sport (Treaty Docu- W. QUINTIN GRAY, OF NORTH CAROLINA FEBRUARY 7, 2008 JONATHAN P. GRESSEL, OF FLORIDA ment No. 110–14). JEFFREY A. HESSE, OF VIRGINIA I further ask unanimous consent that Mr. DURBIN. Mr. President, I ask JAMES JOSEPH HIGGISTON, OF NEW YORK the treaty be considered as having been unanimous consent that when the Sen- ROBERT K. HOFF, OF CALIFORNIA S. RODRICK MCSHERRY, OF NEW MEXICO read the first time, that it be referred, ate completes its business today, it DALE L. MAKI, OF TEXAS with accompanying papers, to the Com- stand in recess until 10:30 a.m., tomor- DAVID C. MILLER, OF WASHINGTON OSVALDO E. PEREZ-RAMOS, OF THE DISTRICT OF COLUM- mittee on Foreign Relations and or- row, February 7; that following the BIA dered to be printed, and that the Presi- prayer and pledge, the Journal of pro- SUSAN R. SCHAYES, OF VIRGINIA DAVID GOODSON SALMON, OF MISSOURI dent’s message be printed in the ceedings be approved to date, the time KEVIN N. SMITH, OF ILLINOIS RECORD. for the two leaders be reserved for their The PRESIDING OFFICER. Without use later in the day, and that the ma- DEPARTMENT OF JUSTICE objection, it is so ordered. jority leader then be recognized. RALPH E. MARTINEZ, OF FLORIDA, TO BE A MEMBER OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF The message of the President is as The PRESIDING OFFICER. Without THE UNITED STATES FOR A TERM EXPIRING SEPTEMBER follows: objection, it is so ordered. 30, 2010, VICE LARAMIE FAITH MCNAMARA.

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PERSONAL EXPLANATION Today, California’s Ninth Congressional Dis- nic in Clarence. With the help of a local farm- trict joins with the communities of Los Ange- er, Wesley Williams, the company raised HON. TOM FEENEY les, CA, Chicago, IL, and all the places where enough money to construct Williams Hall. OF FLORIDA Earl William’s love touched the lives of those The year 1922 marked a milestone for the IN THE HOUSE OF REPRESENTATIVES who knew him, to salute and honor a great Clarence Center Volunteer Fire Company. In Wednesday, February 6, 2008 human being. We extend our deepest condo- February of this year the company was able to lences to Earl’s family. Thank you for sharing purchase its first fire truck. The acquisition of Mr. FEENEY. Madam Speaker, I regret that his great spirit with so many. May his soul rest this truck was important to the protection that on January 29, 2008, due to the Florida pri- in peace. the fire company offered the people in Clar- mary I was unable to be in Washington for f ence. Additionally, the first annual Labor Day votes. picnic was held in 1922. This is a time-hon- f RECOGNIZING MELISSA BOOSMAN ored event in the town of Clarence; not only FOR ACHIEVING THE GOLD AWARD HONORING EARL WILLIAMS is it a way for the fire company to raise funds for improvements to the equipment used to HON. BARBARA LEE HON. SAM GRAVES serve the people of Clarence, but it is an OF MISSOURI event that families throughout the town look OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES forward to every year. IN THE HOUSE OF REPRESENTATIVES Since its beginnings the Clarence Volunteer Wednesday, February 6, 2008 Wednesday, February 6, 2008 Fire Company has become an indispensable Ms. LEE. Madam Speaker, I rise today to Mr. GRAVES. Madam Speaker, I proudly part of the town. The company remains com- honor the brilliant life of Mr. Earl Williams. Earl pause to recognize Melissa Boosman, a very mitted to providing fire, rescue, and EMS serv- was a caring friend, family member, and lead- special young woman who has exemplified the ices to the citizens that reside within the dis- er in the community. He will be greatly finest qualities of citizenship and leadership by trict boundaries. They’ve continued to meet missed, but the positive impact he has left will taking an active part in the Girl Scouts of the needs of the rapidly growing population of remain in the hearts of all who had the honor America, Troop 1262, and by earning the most Clarence Center. As we reach the 100th anni- of knowing him. prestigious Gold Award. versary of this fire company the volunteers It is with a deep sense of sadness that I rise Less than 1 percent of all Girl Scouts in the continue to dedicate themselves to serve and today to deliver condolences to the family and United States earn this prestigious award, the assist the members of their community. friends of a great man, a brilliant human being highest award in Girl Scouting. It symbolizes Thus Madam Speaker, in recognition of its and a true servant of God. However, it is also outstanding accomplishments in the areas of 100th anniversary of tremendous service in with a deep sense of gratitude to Earl’s family leadership, community service, career plan- the town of Clarence, I ask this Honorable and friends for sharing this loyal, patriotic, and ning and personal development. Body join me in honoring the Clarence Center compassionate man with us that I rise to cele- Melissa has been very active with her troop, Volunteer Fire Company. brate his life and honor his legacy. participating in many Scout activities. Over the f As a person committed to those who are many years Melissa has been involved with most vulnerable and most in need in our Scouting, she has not only earned numerous HONORING DR. RICHARD world, Earl was committed to creating safe ha- merit badges, but the respect of her family, WITKOWSKI, SUPERINTENDENT vens for individuals who needed the love and peers, and community. OF THE GARDEN CITY PUBLIC kindness of their neighbors to see them Madam Speaker, I proudly ask you to join SCHOOLS through difficult times. He worked tirelessly as me in commending Melissa Boosman for her an administrator and part owner of Garden accomplishments with the Girl Scouts of HON. THADDEUS G. McCOTTER Plaza Convalescent Home in Los Angeles, America and for her efforts put forth in achiev- OF MICHIGAN CA. Earl was also the founder of Liberty Child ing the highest distinction in Girl Scouting, the IN THE HOUSE OF REPRESENTATIVES Gold Award. Care Center in Chicago. Wednesday, February 6, 2008 His wide reach—involved in communities as f different as Chicago and Los Angeles—and Mr. MCCOTTER. Madam Speaker, today I his limitless compassion drove his intentions TRIBUTE TO CLARENCE CENTER rise to honor and acknowledge Dr. Richard to service humankind, and to do the Lord’s VOLUNTEER FIRE CO. Witkowski, Superintendent of the Garden City work on this earth. Public Schools, upon his retirement from a Earl was a true patriot, serving his country HON. THOMAS M. REYNOLDS distinguished 41-year career in education. as an outstanding and dedicated member of OF NEW YORK For just over four decades, Superintendent the United States Army. He and his family IN THE HOUSE OF REPRESENTATIVES Witkowski has served the citizens of Wayne were proud of his service, and our country County. Richard began his 39-year tenure with Wednesday, February 6, 2008 owes him a debt of gratitude for his commit- the Garden City Public Schools in 1969 after ment to his country. Mr. REYNOLDS. Madam Speaker, it is with 2 years with the Gibraltar schools. Throughout As a devoted family man, Earl always dem- great pride that I rise today to commemorate his distinguished career with the Garden City onstrated his unwavering and unconditional the 100th anniversary of the Clarence Center Public Schools, Richard served as both an ed- love, loyalty, and devotion to each and every Volunteer Fire Company of Clarence, New ucator and administrator. Mr. Witkowski began member of his family. He was a true role York. For a century the members of the Clar- as a mathematics and science teacher at Gar- model to those whose lives he touched in so ence Hose Company have been volunteering den City East High School in 1969 before many ways. to protect their neighbors. moving across town and becoming Assistant Today, I join with Earl’s family and friends in The Clarence Center Volunteer Fire Com- Principal at Garden City West High School in bidding him farewell. I salute Earl Williams for pany became the first fire company in the 1971. Mr. Witkowski discovered an innate tal- a life well lived. Let us keep his legacy alive town of Clarence in 1908. The company ent for administration, being promoted to di- by recommitting our lives to his work and to began as a stock company and was able to rector in the central office in 1974, business his values to make this a better world. May his purchase a hand drawn hose cart and chem- manager for the district in 1985, associate su- beautiful spirit continue to live and guide our ical fire extinguishers. Land for a fire hall was perintendent, and superintendent in 2001. lives, helping us to be true to our family, our donated to the fire company by a local busi- Superintendent Witkowski will be best re- friends, our community, our country, and most nessman, and fundraising for the construction membered for his dedication, both to his job importantly, to our God. began in July 1908 with the first firemen’s pic- and community. Shortly after his promotion to

∑ 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 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.001 E06FEPT1 bajohnson on PROD1PC77 with REMARKS E118 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2008 superintendent, Richard was tested with sev- with the Village, he has affected countless the issues of access to oral healthcare by eral crises, including the September 11, 2001 lives and left an indelible impression on Lom- itself, it is a great opportunity to raise aware- terrorist attacks and a bacterial meningitis out- bard and its residents. ness of the importance of oral health and pro- break at the high school, which resulted in a Madam Speaker and Distinguished Col- vide care to our most important and vulnerable first-ever schoolwide inoculation of the stu- leagues, Bill Lichter is a remarkable man who resource—our children. dents. He also oversaw the rebuilding of the has dedicated his life to serving the people of f district’s five elementary schools, assisting Lombard. Please join me in honoring this un- school staff in directing students to buses, sung hero for his extraordinary career and NICHOLAS ROYCE, FIFTY YEARS which would take students to their temporary wishing him every happiness in the well de- AND STILL FIGHTING THE GOOD classrooms. Witkowski remains active in the served respite of his retirement. FIGHT community as a member of the Garden City f Rotary and the Garden City Chamber of Com- HON. HOWARD L. BERMAN merce. Richard has served as president of PERSONAL EXPLANATION OF CALIFORNIA both organizations and currently serves as IN THE HOUSE OF REPRESENTATIVES treasurer of the Rotary. Superintendent HON. KIRSTEN E. GILLIBRAND Wednesday, February 6, 2008 Witkowski will also continue his commitment to OF NEW YORK education and connection with students IN THE HOUSE OF REPRESENTATIVES Mr. BERMAN, Madam Speaker, the name Nicholas Royce deserves to be added to the through the class he teaches at Madonna Uni- Wednesday, February 6, 2008 versity in Livonia. list of dedicated Americans who exemplify the Madam Speaker, for 41 years Super- Mrs. GILLIBRAND. Madam Speaker, I spirit of achievement. He has earned this rec- intendent Richard Witkowski has faithfully missed one vote on Tuesday, January 29, ognition for his long and outstanding career as served Michigan citizens of all ages. As he en- 2008. Had I been present, I would have voted a performer, and his devotion to many enter- ters the next phase of his life, he leaves be- in the following way: Final passage of New tainment industry humanitarian causes, typi- hind a legacy of dedication, integrity, and ex- England National Scenic Trail Designation Act, fying the altruism that is so much a part of the cellence. Today, I ask my colleagues to join H.R. 1528 (Rollcall No. 28): I would have American character. me in congratulating Superintendent Richard voted ‘‘yea.’’ Of special significance is the fact that Witkowski upon his retirement and recognizing f through his life, he has been in the forefront his years of loyal service to our community’s with the independent efforts and advocacy for TRIBUTE TO NATIONAL CHIL- and country’s future. civil, constitutional, human and spiritual rights. DREN’S DENTAL HEALTH MONTH He was born in Bethlehem, Pennsylvania to f Theodore and Anastasia Vlangas, both natives HONORING MR. WILLIAM T. HON. MICHAEL K. SIMPSON of Sparta, Greece. At the age of 6 years old LICHTER OF IDAHO his family moved to Baltimore, Maryland IN THE HOUSE OF REPRESENTATIVES where he became aware that this faith and ori- gin were different from most Americans. Chal- HON. PETER J. ROSKAM Wednesday, February 6, 2008 OF ILLINOIS lenged by ethnic and religious obstacles, he Mr. SIMPSON. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES became motivated to learn every truth he to pay tribute to National Children’s Dental could about his faith and his origin. Wednesday, February 6, 2008 Health Month. Each February, the American With the encouragement of his sister Stella, Mr. ROSKAM. Madam Speaker, I rise today Dental Association sponsors National Chil- he made his show business debut at the Lord to honor William Lichter for his 29 years of de- dren’s Dental Health Month to raise aware- Baltimore Hotel and followed that with a suc- voted service to the Village of Lombard, Illi- ness about the importance of oral health. As cessful tour of the east coast during school nois. a part of their awareness efforts, dentists and vacation, and all at the age of 14, and with his In early life, Bill served as Assistant City dental hygienists from across the country and parents’ blessing. Manager for Mentor, Ohio and Administrative in my home State of Idaho join together and After high school he entered the Armed Assistant in Grand Rapids, Michigan. He volunteer their time to provide free care to Forces and entertained WWII vets in the Army earned a bachelor’s degree from the Univer- children. base hospitals in the United States and Japan. sity of Vermont. He then earned a Master’s As a dentist, I understand the need for chil- Because of his ethnic look he became known degree in Political Administration from Amer- dren to receive proper dental care. This in- as the Greek Fred Astaire in G.I. clothing. ican University and is also currently a Ph.D. cludes going to the dentist regularly for check- The Armed Forces had limited religious candidate at Northern Illinois University. ups and treatment when problems arise. Oral choices; Protestant, Catholic and Jewish. Bill Lichter began his service to the Village health is critical to a person’s overall health Where’s a poor Greek Orthodox kid to go for of Lombard on January 7, 1985, when he be- and means more than healthy teeth. Research religious salvation? Thanks to Nicholas and came its ninth Village Manager. Since that continues to show that many diseases and his late friend Senator Leverett Saltonstall, day, he has served with vision and fortitude conditions show themselves in the mouth. For representing 500,000 Orthodox Catholics who for over 22 years. people who don’t have access to dental care, fought and died for the constitution, a bill Through the years, Bill has been an insight- oral disease is almost 100 percent inevitable— reached Congress in 1955 to create such a ful observer, keen in his understanding of the and almost 100 percent preventable. place in the military. Today servicemen wear long-term challenges facing the Village. This is particularly heartbreaking when it af- tags designating Eastern Orthodoxy and have Throughout his career, he has tackled these fects our children. Children with poor oral Orthodox chaplains. Thirty-three States quickly challenges with deft skill, deep understanding, health can have problems eating, sleeping recognized Eastern Orthodoxy as a major and strong personal integrity. properly, paying attention in school and even faith. While Lombard has gone through change smiling, because they suffer constant pain. After he left the service, the American Le- after change over the years, one thing has re- Unfortunately, many of us don’t realize the ex- gion’s Pennsylvanian district honored Royce mained the same. Bill Lichter has kept a tent and severity of untreated dental disease for his continued efforts as an entertainer to steady hand to the wheel, advising the Village in children. bring joy to veterans in hospitals. Board and working tirelessly for the benefit of In my State of Idaho, over 35 percent of After his visit to Turkey in 1965, Royce his community. children lack dental insurance. More than 25 waged a tireless campaign to return St. So- Bill has had many accomplishments over percent of elementary school-aged children in phia Cathedral in Istanbul to an open house of the years, though they are too numerous to Idaho suffer from untreated tooth decay. If the worship instead of a museum. It was con- list exhaustively. Chief among them, however, problems go untreated, a child will often end verted to a mosque in 1453 and Royce are his success in improving the Village’s up in a hospital emergency or operating room, changed history with that campaign. Thanks to long-term financial forecasting and manage- which costs far more than a trip to the dentist. Royce, ‘‘the Orthodox Christian cry for help’’ ment and his rewarding efforts to promote Hundreds of dentists and oral healthcare has been taken to the United Nations human local economic development. providers in Idaho and across the country do- rights office in Geneva, European parliament, Bill Lichter has been an advocate for the nate their time and energy to help this cause, European Union, and to every religious and people of Lombard since his very first days in and I graciously thank them. While National world leader and to every President since the office more than two decades ago. In his time Children’s Dental Health Month will not solve Carter administration.

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.005 E06FEPT1 bajohnson on PROD1PC77 with REMARKS February 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E119 Vlangas became Royce at his agent’s re- Dr. Hilliard launched his professional career RECOGNIZING NICHOLAS B. quest and with his parents’ blessing, thus fol- at the University of Denver, teaching at the HANSER FOR ACHIEVING THE lowing the show business practice of the time. College of Education and in Philosophy RANK OF EAGLE SCOUT He changed his name, but never forgot who colloquium of the Centennial Scholars Honor he was. Even at the height of his career in the Program. After moving with his family to Cali- HON. SAM GRAVES late 40s and 50s the Nicholas Royce dancers fornia, Dr. Hilliard dedicated 18 years of his OF MISSOURI stood for all good things and wowed ’em with life to San Francisco State University. During IN THE HOUSE OF REPRESENTATIVES Nat King Cole’s ‘‘Calypso Blues’’, and a mod- this time, he served as Department Chair for ern dance number based on ‘‘Harlem Noc- Wednesday, February 6, 2008 turn’’. They performed in all the top supper two years, Dean of Education for eight years Mr. GRAVES. Madam Speaker, I proudly clubs, niterys and TV shows; Ed Sullivan, Mil- while also working as a consultant for the pause to recognize Nicholas B. Hanser, a very ton Berle, Kate Smith, etc. Peace Corps. Dr. Hilliard’s influence and special young man who has exemplified the From his new home in California, starting in reach was truly global. As he mentored and finest qualities of citizenship and leadership by 1957, Nicholas Royce has exercised his rights taught students in the United States, he also taking an active part in the Boy Scouts of as a layman of the Orthodox faith. He made constant visits to Africa, serving as the America and in earning the most prestigious launched a vigorous letter writing campaign to Superintendent of Schools in Monrovia, Liberia award of Eagle Scout. mass media, Government officials, private and for two years. Nicholas has been very active with his public agencies, industry and individuals, and troop, participating in many scout activities. he has succeeded in broadening the public’s Dr. Hilliard was a founding member of the Over the many years Nicholas has been in- understanding and recognition of the Orthodox association for the study of Classical African volved with scouting, he has not only earned faith. Because ‘‘exclusion of Orthodoxy is a Civilization, serving as its first Vice President. numerous merit badges, but also the respect form of discrimination and prejudice’’, Nicholas He was co-developer of a popular educational of his family, peers, and community. has made these efforts, so Orthodoxy would television series Free Your Mind, Return to the Madam Speaker, I proudly ask you to join be an integral part of American life along with Source: African Origins and produced many me in commending Nicholas B. Hanser for his other major faiths. videotapes and educational materials on Afri- accomplishments with the Boy Scouts of Retired since 1994, Royce now resides in can-American History through his production America and for his efforts put forth in achiev- Valley Village, California. Retirement has company, Weset Education Productions. Dr. ing the highest distinction of Eagle Scout. given him more time to fight for AIDS victims, Hilliard was so groundbreaking and forward- f the homeless, and abused women and chil- thinking in his approach to education that sev- dren. He broke the stereotype by joining the TRIBUTE TO EGGERTSVILLE HOSE eral of his methods have become national Hollywood Women’s Press Club, Women in COMPANY Film, and American Women in Radio and TV. models in the field. In 1996, the University of Minnesota’s Immi- Dr. Hilliard was a purposeful man with an HON. THOMAS M. REYNOLDS gration history Research Center was pleased unquenchable passion for education and the OF NEW YORK to announce the addition of ‘‘the Nicholas preservation of his culture’s history and tradi- IN THE HOUSE OF REPRESENTATIVES Royce papers’’ to their archival library. tions. Without reservation, Dr. Asa Hilliard sig- Wednesday, February 6, 2008 Never one to rest on his laurels, he con- nificantly changed the world with his dedica- Mr. REYNOLDS. Madam Speaker, it is with tinues to accept new challenges. tion to the preservation, study, and spiritual f great pride that I rise today to commemorate understanding of Africa, African Americans, the 100th anniversary of the Eggertsville Hose PERSONAL EXPLANATION and Africans in Diaspora throughout the world. Company of Amherst, New York. For a cen- One of my long standing desires was to tury the members of the Eggertsville Hose HON. TOM FEENEY travel to Egypt with Dr. Hilliard on one of his have been volunteering to protect their neigh- OF FLORIDA study tours. Each time I saw him I mentioned bors. IN THE HOUSE OF REPRESENTATIVES this and we both were very excited about the The Eggertsville Hose began in 1906 in a Wednesday, February 6, 2008 prospect. Due to my hectic schedule, this corner meat packing store after a series of household fires could not be extinguished. The never happened. As God will have it, I was in Mr. FEENEY. Madam Speaker, I regret that two home blazes were unable to be controlled on January 28, 2008, due to travel complica- Ghana, West Africa, at the Cape Coast Slave by the bucket brigade, the fire fighting team at tions, I was unable to vote on H.R. 4140 and Castle when I learned from Reverend Jere- the time. Residents of Eggertsville then band- S. 2110. Had I been present, I would have miah Wright through Congressman Jesse ed together to form an organization that would voted ‘‘yea.’’ Jackson, Jr. that Asa had passed the day be- provide better fire protection to the community. f fore in Egypt. Like many, I was devastated This fire company was incorporated in May HONORING DR. ASA G. HILLIARD and saddened, yet thankful to his family and 1908. The Eggertsville Hose was the first fire III to God for his amazing life. I reflected upon company in the town of Amherst outside of the his death in Egypt in a prayerful manner, and Village of Williamsville. Fighting to protect the HON. BARBARA LEE took pause to commemorate this great soul. members of their community is the main pri- ority of this 100 percent volunteer fire district. OF CALIFORNIA His loving wife, Mrs. Patsy Jo Hilliard, has No matter what it takes these volunteers rise IN THE HOUSE OF REPRESENTATIVES quoted Asa as repeatedly saying, ‘‘It is not to the call of duty. Wednesday, February 6, 2008 enough for us to be bright and competent. We The Eggertsville Hose is an indispensable Ms. LEE. Madam Speaker, I rise today to must also have purpose and direction. It is not part of the Amherst Community, the members honor the extraordinary life of Dr. Asa G. Hill- enough for us to ‘make it’ on our own—to of the Hose have dedicated countless hours of iard III (Baffour Amankwatia II). A devoted fa- save ourselves. As Abena says in Armah’s service to assist their neighbors. As the popu- ther, husband, mentor, and world-renowned novel, Two Thousand Seasons, ‘There is no lation in the district grows the Eggertsville humanitarian who worked tirelessly and in- self to save without the rest of us.’’’ In this Hose advances along with the rising need for spired us all, Dr. Hilliard will be sorely missed way, Dr. Hilliard touched and influenced the their service. In 1995 the fire station was by us all. Asa passed away on August 13, lives of all who were privileged to come into moved to the center of the district which al- 2007. contact with him. lows the Hose to respond to emergencies in An accomplished academic and devoted all areas in a shortened period of time. The On behalf of California’s 9th Congressional professor, Dr. Hilliard affected the lives of new station location along with new equipment thousands of students. He was not only a District, we salute and honor a great human and technology makes it possible for the vol- mentor in his community, but a hero in the Af- being, our beloved Asa G. Hilliard III. We ex- unteer fire fighters to be increasingly effective rican Diaspora Movement. Dr. Hilliard began tend my deepest condolences to Asa’s family, in their firefighting capabilities. his academic career in Denver, where he and our deepest gratitude to them for sharing The citizens of Eggertsville know that they earned a B.A. in Education Psychology, an this great spirit with us. May his soul rest in will be protected by the brave firefighters of M.A. in counseling, and a Ed.D in Education peace, and may we continue to benefit from the Eggertsville Hose whenever disasters Psychology at the University of Denver. the positive impact he left on the world. occur or fires flare up. Madam Speaker, in

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.010 E06FEPT1 bajohnson on PROD1PC77 with REMARKS E120 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2008 recognition of its 100th anniversary of tremen- RECOVERY REBATES AND ECO- $250,000, for purchases of new equipment of dous service in the town of Amherst, I ask this NOMIC STIMULUS FOR THE up to $800,000 (from $500,000). It also pro- honorable body join me in honoring the Eg- AMERICAN PEOPLE ACT OF 2008 vides immediate tax relief for all businesses to gertsville Hose Company. invest in new plants and equipment by speed- SPEECH OF ing up depreciation provisions, so that firms f HON. AL GREEN can write off an additional 50 percent for in- HONORING MS. BETTYE BANKS OF TEXAS vestments purchased in 2008. IN THE HOUSE OF REPRESENTATIVES While more needs to be done, I am con- HON. EDDIE BERNICE JOHNSON Tuesday, January 29, 2008 fident that this bipartisan economic stimulus package will help many American families in OF TEXAS Mr. AL GREEN of Texas. Madam Speaker, the weeks and months ahead. IN THE HOUSE OF REPRESENTATIVES today, Congress passed a $146 billion, bipar- tisan economic stimulus bill that will quickly Wednesday, February 6, 2008 f send hundreds of dollars to poor and middle- Ms. EDDIE BERNICE JOHNSON of Texas. class working families while offering busi- IN HONOR OF THE UNIVERSITY OF Madam Speaker, I rise today to mark the re- nesses one-time incentives to invest in new DELAWARE DEPARTMENT OF tirement and celebrate the career of a true equipment. Although there is much more to do PUBLIC SAFETY community leader, Ms. Bettye Banks. This if we are to meet the needs of American fami- year will mark 30 years of her outstanding lies, including extending unemployment bene- service with Consumer Credit Counseling of fits and food stamps, I believe that this stim- HON. MICHAEL N. CASTLE Greater Dallas, with whom she has dedicated ulus is an important first step in our effort to OF DELAWARE her professional career to providing financial help hardworking Americans. education to citizens of North Texas. This broad-based stimulus package will pro- IN THE HOUSE OF REPRESENTATIVES Ms. Banks began her career as a secretary vide tax relief of up to $600 per individual and Wednesday, February 6, 2008 with Consumer Credit Counseling of Dallas in $1,200 per married couple, plus an additional 1978. Her work ethic, diligence, and intellect $300 per child. Recovery rebate checks could Mr. CASTLE. Madam Speaker, it is with allowed her to easily move up through the be sent as early as mid-May, getting money to great pleasure that I rise today to pay tribute ranks, serving as office manager and coun- Americans who will spend it immediately to re- to the University of Delaware Department of selor, among other positions. invigorate the economy. In Texas alone, ap- Public Safety for being recognized by the In 1990, Ms. Banks singlehandedly created proximately 8.6 million families will receive re- Commission of Accreditation for Law Enforce- the education program, aimed at teaching fi- bates averaging over $900. Nationwide, over ment Agencies, an independent organization nancial wellness and literacy. Today, Ms. 111 million families would receive these rebate created by the International Association of Banks is the senior vice-president for Con- checks, including 35 million with earnings too Chiefs of Police, the National Organization of sumer Counseling of Dallas and responsible low to pay income taxes. More than 19 million Black Law Enforcement Executives, the Na- for overseeing the financial wellness initiatives of these are families with children and 13 mil- tional Sheriffs’ Association and the Police Ex- of the Education Department. With her vision lion are struggling seniors. Nearly $50 billion ecutive Research Forum. The importance of and leadership, the department has also of the rebate will go to middle-income Ameri- public safety officers within our community, grown to include 41 individual presentations cans and those aspiring to it. Economists esti- and in particular within the University of Dela- on money and credit related topics. Ms. Banks mate that each dollar of broad tax cuts leads ware, cannot be underscored enough. I am has truly been an asset to the department and to $1.26 in economic growth. proud to represent a State that is home to has left a lasting impression on its growth and The economic stimulus bill also helps ad- such selfless and dedicated officers as those impact in the community. dress the crisis we are facing in our home at the University of Delaware Department of In a true testament to her spirit, while work- mortgage market by permitting more bor- Public Safety. ing full time at CCCS Dallas, she completed rowers facing defaults to refinance through the The University of Delaware is now a mem- her bachelor’s degree in applied business Federal Housing Administration (FHA). For ber of an elite group of public safety agencies practice. She has also earned professional 2008, the bill increases the FHA loan limits up in the United States, Canada, Mexico, and certification as a Consumer Credit Counselor, to $729,750 from $362,790 to expand afford- Barbados that have received this prestigious, Certified Financial Counseling Executive and able mortgage loan opportunities for families international award. The men and women of Housing Counselor. at risk of foreclosure. In addition, the bill also the Department have shown great dedication Among her many accomplishments, Ms. enhances credit availability in the mortgage and commitment to providing quality service Banks has authored a series of consumer-fi- market by including a 1-year increase in the and protection to all students, faculty, and staff nance workbooks and taught over 3,000 semi- conforming loan limits for single family homes at the University of Delaware campus. nars and workshops. Her reputation as an ex- from Fannie Mae and Freddie Mac from pert in the fields has generated contributions $417,000 up to $729,750 for 2008. These in- Employing only a total of forty-two officers in multiple publications, including Today’s Dal- creases in loan limits will benefit areas where on its Wilmington and Lewes campuses with las Woman and Dallas Family. She has ap- housing costs are higher than the national av- approximately twenty security offices, the De- peared on CBS, NBC and ABC and is sought erage. partment of Public Safety has no easy task as out as a conference speaker on the topics of Mortgage rates on loans that currently ex- the University of Delaware has a large enroll- financial wellness. ceed these loan limits are much more expen- ment with students living on and off campus in Additionally, Ms. Banks is an active commu- sive than for smaller loans. These higher rates the town of Newark. Despite this challenging nity leader, serving on the boards of the have hurt demand for housing in high-cost task, the department has provided and con- Greater Dallas Rotary Club, the Dallas Legal areas. The provisions in the stimulus will lower tinues to provide the highest quality protection Roundtable, and Friends of Consumer Free- borrowing costs for many Americans, including and service to the University of Delaware dom, among others. She has been a member middle-class families in high-cost cities to community. of numerous local organizations including the those who may be facing foreclosure. More The citizens of Delaware deserve to know North Texas Affordable Housing Coalition, importantly, this will allow more homeowners that the University of Delaware Department of Family Financial Advisory Council and the Dal- to refinance their existing mortgages, thereby Public Safety, has taken extraordinary steps to las Downtown Rotary. increasing the effectiveness of the interest demonstrate their professionalism and pride in There is no doubt that Ms. Banks has gen- freeze for some subprime borrowers brokered delivering quality public service to the Univer- erated a monumental legacy at CCCS Dallas. by the Treasury in December. This is because sity of Delaware community. I am tremen- Through her drive and fortitude, she has un- more borrowers will be able to take advantage dously proud of the Department of Public doubtedly elevated the organization, and her of the freeze to refinance into new FHA loans. Safety and would like to commend and thank leadership will be missed. At this milestone in Finally, this bill will promote small business the men and women of the Department for the her life, I would like to take the time to com- investment in equipment, which will spur job sacrifices and commitment that they make on mend her for her commitment to the commu- creation here at home. The bipartisan plan a daily basis. The bravery and hard work of all nity and education. I extend my best wishes doubles the amount small businesses can im- those involved with this outstanding organiza- for her retirement and thank her for her invalu- mediately write off their taxes for capital in- tion is responsible for making Delaware a able friendship. vestments made in 2008 from $125,000 to safer place to live.

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A06FE8.014 E06FEPT1 bajohnson on PROD1PC77 with REMARKS February 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E121 THANKING MS. ELAINE COMER On this day, I too would like to express my provides the facilities and meals for the event FOR HER SERVICE TO THE HOUSE support and deepest thanks to our at a considerably reduced cost, and addition- Guardmembers, and their families. Many of ally lends support to the participants through- HON. ROBERT A. BRADY these brave men and women are preparing to out the weekend. The Blue Star Moms con- OF PENNSYLVANIA leave their homes, their loved ones, and their tribute an incredible effort to make the Gold IN THE HOUSE OF REPRESENTATIVES lives stateside in order to defend our Nation. Star event successful, including personally Wednesday, February 6, 2008 Their commitment to duty and steadfast deter- reaching out to all the Gold Star families in the mination is an example to Hoosiers, and all state, and underwriting expenses for families Mr. BRADY of Pennsylvania. Madam Americans alike. They all deserve our most who might not otherwise be able to make the Speaker, on the occasion of her retirement in heartfelt thanks and admiration. Our Hoosier trip. January 2008, we rise to thank Ms. Elaine Guardmembers and their families will be in my Madam Speaker and colleagues, at this Comer for 32 years of outstanding service to prayers. time it is appropriate that we thank the Blue the U.S. House of Representatives. f Star Moms and the Marines’ Memorial Asso- Elaine began her career at the House as a ciation for the hard work and dedication they Programmer Analyst at House Information Re- HONORING THE BLUE STAR MOTH- have shown to sponsor the Gold Star parents sources (HIR) and has held and mastered ERS OF AMERICA CHAPTER #101 event. Their efforts have provided an impor- many positions, each with increasing responsi- AND THE MARINES’ MEMORIAL tant forum for these families to come together bility as she continually served this great insti- ASSOCIATION and the event is greatly appreciated by the tution as a valuable employee of HIR within families who have participated. the Office of the Chief Administrator. HON. MIKE THOMPSON In the mid-1970s, when the House first f OF CALIFORNIA began using minicomputers, Elaine designed, TRIBUTE TO JACK FITZGERALD IN THE HOUSE OF REPRESENTATIVES developed, and implemented the first House- AND FITZGERALD AUTO MALLS developed Member Office Support System, as Wednesday, February 6, 2008 well as mission-critical legislative systems. Mr. THOMPSON of California. Madam HON. CHRIS VAN HOLLEN Elaine was selected to represent the House in Speaker, together with Representatives MIL- OF MARYLAND a cross-government team with the Senate and LER, STARK, TAUSCHER and MCNERNEY, I rise IN THE HOUSE OF REPRESENTATIVES the White House that resulted in the House- today to honor and thank the California East wide implementation of an integrated Local Bay Chapter of Blue Star Mothers of America Wednesday, February 6, 2008 Area Network (LAN) to support House commit- and the Marines’ Memorial Association. With Mr. VAN HOLLEN. Madam Speaker, I rise tees. These accomplishments led to her in- the support of the Marines’ Memorial Associa- today to recognize a longtime advocate for strumental involvement in an HIR-wide PC tion and Major General Michael Myatt (Ret.), child passenger safety, my constituent Jack LAN implementation automating project man- the Blue Star Moms are hosting their third Fitzgerald, President of Fitzgerald Auto Malls. agement and time accounting. event for Gold Star parents who have lost a As you may know, motor vehicle crashes Elaine’s management abilities were show- child in service to our country. are the leading cause of death for children cased as she oversaw project support to 30 The East Bay Blue Star Moms was founded ages 2 to 14 and the leading cause of injury- mission-critical House applications, provided when Patty Martin, Peggy Conklin and Nancy related death for children under age 2. We key coordination in the modernization of the Ecker reached out to each other for support know that when installed and used correctly, Data Center, was appointed the HIR rep- after the September 11th attacks. Each had a child safety seats and safety belts can prevent resentative to the CAO Business Process Im- son in the Army, and in November, 2001, they injury and save lives. In fact, young children provement Team, and led the Process and established a support group for military moth- restrained in child safety seats have an 80 Procedures project that supports the House ers in the East Bay area. Membership has percent lower risk of fatal injury than those Business Continuity/Disaster Recovery Pro- since grown to over 150 mothers, and they who are unrestrained. gram. Elaine’s contributions to the House cul- are affiliated with the national Blue Star Moth- In order to ensure that child safety seats are minated in her expert management of the ers of America. The East Bay chapter spon- properly used and installed, car seat check-up Configuration Management and Quality Assur- sors a variety of activities in addition to the events, like those sponsored by Safe Kids ance programs for the CAO. Gold Star event, including providing care Worldwide, are essential. At these events, On behalf of the entire House community, packages for troops stationed overseas, and child passenger safety technicians teach fami- we extend congratulations to Elaine for her Operation Post Card, connecting local commu- lies how to safely transport their children and many years of dedication and outstanding nity groups with soldiers abroad through letter help make sure everyone in a vehicle is buck- contributions to the U.S. House of Represent- writing campaigns. The moms have also taken led up correctly on every ride. On average, atives. We wish Elaine many wonderful years their good works to veterans in our community technicians spend about 30 minutes with each in fulfilling her retirement dreams. through regular visits to the VA hospitals at child. These events, most of which are open f Livermore, Palo Alto and Martinez. to the public, are conducted by Safe Kids coa- HONORING NATIONAL GUARD DAY The Marines’ Memorial Association in San litions in central locations such as automobile CELEBRATIONS AT THE INDIANA Francisco was founded in 1946 as a living me- dealerships, hospitals, community centers and STATEHOUSE morial to all the Marines who had lost their shopping centers. lives in the Pacific during World War II. Since Since 1996, Safe Kids Worldwide has then, its mission has expanded to include all partnered with General Motors to help change HON. BARON P. HILL branches of the United States Armed Serv- the way parents and caregivers learn about OF INDIANA ices, including members of National Guard child passenger safety. More than 13 million IN THE HOUSE OF REPRESENTATIVES and reserves, and the U.S. Merchant Marine. people have been reached by the Safe Kids Wednesday, February 6, 2008 The Memorial is currently led by Major Gen- Buckle Up Program and, to date, there have Mr. HILL. Madam Speaker, today, the Indi- eral Michael Myatt, USMC (Ret.). General been more than 44,000 events that bring ana National Guard is hosting a National Myatt has overseen the development of the much needed car seat inspection services and Guard Day at the Indiana Statehouse. This Memorial as a facility that both honors fallen education to families across the country. event will highlight our Hoosier citizen soldiers’ servicemembers and actively promotes the in- Safe Kids is well on its way to checking one capabilities, and provide an update as to their terests and needs of men and women cur- million child safety seats. Part of this success status as they prepare to deploy to Iraq. The rently in service. can be attributed to Jack Fitzgerald of Fitz- event will also show strong support for the The third Gold Star Parent gathering will gerald Auto Malls. In February 1999, Jack families of our Hoosier Guardmembers. bring together hundreds of parents from all teamed up with Safe Kids Montgomery County I applaud Maj. Gen. Umbarger’s work with over California for a 2-day event to honor the in my home state of Maryland to hold a car the Indiana National Guard. He has been an families of the fallen and allow them to cele- seat check-up event. At that event, Stephen unwavering champion of the Indiana National brate the lives of their children and mourn Guarino, who was then 5 years old, was Guard. His efforts today are to show support their loss. This event allows the families to moved into a booster seat for a better fit just for Guardmembers and their families, as well come together in private and share their expe- one day before the family vehicle was hit by as to help elected leaders and citizens better riences with others who are experiencing the a truck. Mrs. Guarino and the police officers understand the role of the National Guard. same loss. The Marines’ Memorial Association on the scene credit the saving of Stephen’s

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.018 E06FEPT1 bajohnson on PROD1PC77 with REMARKS E122 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2008 life in that crash to the services received at the town was so called because animals in- RECOVERY REBATES AND ECO- the check-up event. cluding deer, the male of which the English NOMIC STIMULUS FOR THE Since that incident, Fitzgerald Auto Malls forebears called a ‘‘Hart’’ had a regular cross- AMERICAN PEOPLE ACT OF 2008 has hosted hundreds of check-up events. ing or ‘‘Ford’’ at the location of Hartford on the Working with Safe Kids Montgomery County, banks of Rough Creek. SPEECH OF local government agencies, and police and fire The town of Hartford was formally estab- HON. TOM UDALL departments, Fitzgerald Auto Malls has in- lished as ‘‘400 acres of land heretofore des- OF NEW MEXICO spected more than 35,000 child safety seats. ignated and laid out for a town, in the county IN THE HOUSE OF REPRESENTATIVES The dealership hosts monthly car seat inspec- of Ohio, on Rough creek, on the land of the Tuesday, January 29, 2008 tions free of charge for anyone in the commu- late Gabriel Madison, inclusive of the out and nity. If the monthly events are not compatible in lots by an Act of the Legislature of the Mr. UDALL of New Mexico. Madam Speak- with a family’s schedule, that family is encour- Commonwealth of Kentucky, enacted Feb- er, a lot of brilliant economists have spent a aged to call the dealership to schedule a pri- ruary 3, 1808.’’ lot of time over the last few weeks telling the vate appointment. This service is only possible Madam Speaker, Hartford has a rich history American people what we already know: our because Jack Fitzgerald has personally paid from its pioneer founding to the battle of broth- economy needs help. The debate goes on for his employees to become nationally cer- er against brother during the Civil War. Some over whether today’s economic conditions will tified car seat technicians. In fact, more than of Hartford’s famous past residents include become an official recession, but most people 80 Fitzgerald Auto Mall employees have been Virgil Earp, brother of Wyatt Earp of the OK aren’t interested in official definitions. We want trained to check a child’s car seat for misuse. Corral acclaim, and impressionist painter help now. Fortunately, members of the New Direction I am honored to commend Jack Fitzgerald Charles Courtney Curran, whose works hang Congress, meeting on a bipartisan basis, have and the entire Fitzgerald Auto Malls family for in the Smithsonian Museum of Modem Art. developed an economic stimulus package that their outstanding contributions to and involve- Hartford, Kentucky, is a progressive commu- will get America moving again. ment in our community. I applaud them for nity welcoming those from near and far to visit There’s a lot to like about the proposed being a role model for all public/private part- or make their home in this inviting community. stimulus package. nerships and for their steadfast commitment Opportunities from tourism to high tech indus- The package provides support immediately. and determination to keeping kids safe on our try attract visitors and new residents in this American families will receive help by June, in Nation’s roads. I ask my colleagues to join me community located in the heart of western time to stop America’s economic slide before in honoring Jack Fitzgerald, a remarkable ad- Kentucky. we find ourselves mired in recession. This vocate for America’s children. Madam Speaker, it is with great pride that I timely action is the result of a feeling in Con- f bring to the attention of this House the histor- gress that getting things done for the Amer- ical significance and sense of community that ican people is more important than scoring po- PERSONAL EXPLANATION the citizens of Hartford, Kentucky, have as litical points. they celebrate the 200th anniversary of a The package will put money in the hands of HON. JOHN R. CARTER great American city. working families who need it most. By helping OF TEXAS f families too poor to pay income tax, this pro- IN THE HOUSE OF REPRESENTATIVES posal shows both compassion and common HONORING CMW & ASSOCIATES Wednesday, February 6, 2008 sense. We know that poor families are more likely to spend their rebate checks imme- Mr. CARTER. Madam Speaker, on January HON. JOHN SHIMKUS diately, and that means more money flowing 29, 2008, I was unable to be present for the OF ILLINOIS into our economy more rapidly. final rollcall votes. IN THE HOUSE OF REPRESENTATIVES And, finally, the package will not purchase If present, I would have voted accordingly Wednesday, February 6, 2008 short term growth at the expense of long term on the following rollcall votes: prosperity. This legislation does what must be Roll No. 27—‘‘aye.’’ Mr. SHIMKUS. Madam Speaker, I rise today done, but, more importantly, it does no more Roll No. 28—‘‘nay.’’ to bring attention to the contribution of a small than is necessary. It contains no giveaways to f business in my district to granting foreign any interest group, no pork barrel spending workers their certifications necessary to work and no rushed changes in our tax code. The HONORING HARTFORD, KENTUCKY in this country. CMW & Associates, a female bill provides targeted, temporary stimulus. As owned and 8(a) company located in Spring- a result, it will secure our present without bur- HON. ED WHITFIELD field, Illinois, has assisted the Department of dening our future with debt. OF KENTUCKY Labor in Chicago in assuring that per Sec- But the package that we pass today is not IN THE HOUSE OF REPRESENTATIVES retary Chao’s directive, there is no longer a perfect. labor certification backlog. We have helped millions of families, but too Wednesday, February 6, 2008 Recently, Secretary Chao commended her many seniors still need our support. We have Mr. WHITFIELD. Madam Speaker, I rise in staff at the Office of Foreign Worker Certifi- provided relief to millions of workers, but those recognition of the city of Hartford, Kentucky, cation. ‘‘Behind every application is a person who have seen their jobs disappear still face located in the First Congressional District of or group of people, waiting to come to our an uncertain future they did nothing to earn Kentucky. On February 3, 2008, Hartford will country and work in jobs for which no qualified and can do little to change. We have provided celebrate its bicentennial birthday. This com- U.S. worker can be found. The Permanent temporary relief to millions of taxpayers, but munity in western Kentucky is among the old- Labor Certification program is really proud we must renew the clean energy tax credits est towns in the Commonwealth of Kentucky about people—their hopes and their dreams of that give us hope for a stronger national econ- and the third largest city in western Kentucky. greater opportunities, and reunification with omy and a more sustainable world. It probably has one of the most unique yet their families.’’ Secretary Chao presented a Our work is not over. welcoming slogans, ‘‘Home of 2,000 Happy certificate of recognition to Bill Carlson, Ad- We should celebrate today’s accomplish- People and a Few Soreheads.’’ ministrator of the Office of Foreign Labor Cer- ment, but we must recognize that it is a first Hartford was settled before 1790 in an area tification for his leadership role. step, not a final one. Let’s take the bipartisan that was often a scene of bloody strife be- I want to recognize the Department of Labor spirit that has been kindled in the House and tween American Indians and 18th century pio- for its exemplary work in expediting the proc- use it to do the work that remains to be done. neers. There is evidence that a settlement essing of granting foreign workers their certifi- f was made at the present site of Hartford in cations necessary to work in this country, both HONORING JOAN MANN 1782 and this was the first fortified settlement on a permanent and temporary basis. And I in the lower Green River Valley of western want to thank Charlene Turczyn, CEO of Kentucky. CMW & Associates for her role in making sure HON. DEVIN NUNES OF CALIFORNIA The source of the town’s name is uncertain. America is able to obtain the skilled workforce IN THE HOUSE OF REPRESENTATIVES There is one tradition that a man named Hart necessary to make U.S. employers successful. ran a ferry there, hence the name Hart’s Ford, As is often the case, small businesses play an Wednesday, February 6, 2008 which later became Hartford. Another tradition integral role in the success of our govern- Mr. NUNES. Madam Speaker, I rise today found in reminiscences of early times is that ment’s ability to achieve its goals. to pay tribute to the life of a wonderful woman

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.021 E06FEPT1 bajohnson on PROD1PC77 with REMARKS February 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E123 and friend. Joan was a devoted wife to Earl HONORING THE LIFE OF MR. J. ing the guitar; he was an avid photographer Mann of 49 years and mother to two daugh- RUSSELL COFFEY, A PUBLIC and restored antiques. Amidst his varied inter- ters, Paula and Laura. For 29 years, she SERVANT AND WORLD WAR I ests and passion to explore them, his family worked for the Woodlake Elementary School VETERAN remained the most important part of his life. as a teacher’s aide and was active in the Par- Carl DiPietro was a good and decent man ent-Teachers Association. She served on the HON. ROBERT E. LATTA and will always be remembered for his friendly Tulare County Grand Jury, was active in her OF OHIO demeanor, his terrific sense of humor and his church and served as the local representative IN THE HOUSE OF REPRESENTATIVES care free spirit. His strength, courage, strong of the Cystic Fibrosis Foundation. She loved religious faith accompanied by a will to survive to write poetry, sometimes about events or Wednesday, February 6, 2008 kept him going through the difficult times. people in her life. The following poem is one Mr. LATTA. Madam Speaker, Mr. J. Russell When someone you love passes on, pain re- of her family’s favorites. Coffey passed away on December 20, 2007, mains for those left behind. May Carl’s wife I’VE SAILED UPON LIFE’S SEAS at the age of 109, and Mr. Coffey was 1 of 3 Elaine, his daughters Linda, Judy, and Donna, surviving veterans of World War I. Mr. Coffey his sons Carl and David, grandchildren, ex- I’ve walked upon the shores of life A-kicking up the sands was a student at Ohio State University when tended family and friends continue to live out I’ve met each eye that chanced my way the United States joined the war in 1917 and Carl’s memory with love, purpose and fulfill- And shook each friendly hand. Mr. Coffey enlisted in the Army at the age of ment in their own lives. I’ve sailed upon the seas 20 and was honorably discharged on Decem- Madam Speaker, I am thankful that you To cross to other places ber 12, 1918, a month after the signing of the have allowed me the opportunity to honor the I’ve met each smile with smiles to spare armistice. life of Carl DiPietro and remember the many And cherished those dear faces. Mr. Coffey played baseball and was a track contributions he made throughout the Western The song I’ve sung along the way sprinter while in college and received both a New York community. I ask my colleagues to ’Tis joyous and carefree bachelor’s degree and a master’s degree from join me in honoring the life and memory of It tells of life, of wondrous times Ohio State University, as well as a doctorate Carl DiPietro here today. And speaks of days to be. degree in education from New York University. f And when my days on earth are through Mr. Coffey continued his interest in sports and God grant me one last thought teaching by officiating high school sports for HONORING THE LIFE AND I’d love to do it all again many years while he taught junior high and ACHIEVEMENTS OF MR. WILLIAM Remembering what life’s taught. high school students in Phelps, Kentucky, at C. BLACK Joan Mann’s life demonstrated her love of the former Glenwood Junior High School in her family, her community and her country. Findlay and at the former Findlay College. Mr. HON. JOE SESTAK Mrs. Joan Mann of Woodlake, California, Coffey served as an instructor at Bowling OF PENNSYLVANIA passed away January 24th. She will be greatly Green State University from 1948 through IN THE HOUSE OF REPRESENTATIVES missed. 1969, primarily teaching physical education Wednesday, February 6, 2008 but also teaching archery, psychology, swim- f ming, and driver’s education. Mr. Coffey was Mr. SESTAK. Madam Speaker, I rise to the director of the university’s graduate studies honor the memory of a great American, Mr. IN HONOR OF DARRELL L. FANT, in health and physical education from 1952 to William C. Black, a loving husband, father and DIRECTOR, HIGHLAND PARK DE- 1968. Mr. Coffey was an active member of the grandfather, successful entrepreneur, gen- PARTMENT OF PUBLIC SAFETY Bowling Green Rotary Club for more than 50 erous philanthropist, and courageous veteran. years, and he was named the ‘‘oldest living Mr. Black epitomized all that is good about our HON. PETE SESSIONS Rotarian in the world’’ by the club in 2004, and nation and indeed the world. On February 9th in later years, Mr. Coffey credited physical ac- 2008, an exceptional group of family and OF TEXAS tivity and a healthy diet for his longevity. friends with gather to remember and thank a IN THE HOUSE OF REPRESENTATIVES The House of Representatives honors the man who dedicated his skills, energy, and love life of Mr. J. Russell Coffey for his dedication to others. In the course of a remarkable life Wednesday, February 6, 2008 to public service as a veteran, teacher, and that began in Bayonne, NJ on June 7th 1930 Mr. SESSIONS. Madam Speaker, it is with member of the community. and continued for sixty-six years thereafter, Mr. Black’s work ethic, intelligence, leadership, great pleasure that I rise today to recognize f Darrell L. Fant, Director of the Highland Park and basic decency made him a pillar of his CELEBRATING THE LIFE OF CARL Department of Public Safety (HPDPS). community and a source of hope for multiple A. DIPIETRO generations of patients and their families at After thirty-two years of dedicated service, Jersey Shore Medical Center. Darrell will be retiring from HPDPS on Feb- HON. BRIAN HIGGINS Following graduation from Fordham Univer- ruary 29, 2008. The Town of Highland Park sity in 1952, Mr. Black immediately went to the has been privileged to have such a devoted OF NEW YORK IN THE HOUSE OF REPRESENTATIVES defense of our nation in the United States Ma- public servant working on their behalf to en- rine Corps. His seven years of service as an sure Highland Park stays a safe and family Wednesday, February 6, 2008 aviator in the USMC included duty in Korea friendly area in the heart of Dallas. He has Mr. HIGGINS. Madam Speaker, I rise today and Japan, and a meteoric rise to the rank of served in various roles such as Public Safety to honor the life and work of an outstanding Lieutenant Colonel. From the Marine Corps, Officer, Lieutenant, Assistant Shift Com- Western New Yorker. On November 19, 2007 Mr. Black carried with him a fighting spirit and mander, and Captain before taking on the a beloved husband and loving father entered sense of purpose that helped him to become leadership role of Director. His colleagues af- into rest. Carl DiPietro lived a very full life President of the New Jersey Zinc Company, fectionately refer to him as ‘‘Chief’’ as he has filled with love of family and friends. Carl our nation’s pioneer zinc producer and origi- earned their respect and demonstrated exem- leaves behind a long lasting legacy that nator of all zinc alloys that revolutionized the plary performance. In addition, he has re- stretches from his days in the Navy to the modern die-casting industry. ceived numerous commendations, thank you dedication and loyalty he demonstrated each However, it was after retiring from New Jer- letters, and awards such as the 1984 Fire- and everyday with his family, at his business sey Zinc that Mr. Black’s life reached its ze- house magazine Heroism and Community or throughout the community. nith. From his tireless work to improve the fa- Service Award. Mr. DiPietro was a proud business owner of cilities of the Jersey Shore Medical Center, the I know his vision and leadership will be Sparkle Cleaners, a dry cleaning business lo- ‘‘Mary V. Black Pavilion’’ was christened and greatly missed and difficult to replace. The cated in Amherst, NY. It was said that Mr. thousands of trauma patients owe their health legacy he leaves speaks loudly of the impact DiPietro treated patrons and employees alike and lives to that state-of-the-art facility. This he has had on Highland Park. as family. A hardworking man, Carl was skilled month at the 2008 Jersey Shore Sweetheart Madam Speaker, I ask my esteemed col- in his craft and was characterized by his chil- Cancer Ball, Mr. Black and his family will be leagues to join me in expressing our heartfelt dren as an ‘‘All American Dad’’ whose love recognized for their work to cure that dev- gratitude for his hard work and dedicated serv- knew no end. A man who cultivated his many astating illness. I will never forget the moment ice. interests, Carl loved music and enjoyed play- my four year old daughter was diagnosed with

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.026 E06FEPT1 bajohnson on PROD1PC77 with REMARKS E124 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2008 a malignant brain tumor. Though we have U.S. women and men in uniform. Mr. Miller is In addition, it establishes a 5 year target for never met, I know that there is a direct con- the Aerospace Global Pricing Compliance Preventing Mother to Child Transmission ef- nection between my daughter’s health today Leader for Honeywell Aerospace, located in forts. By 2013, 80 percent of pregnant women and the life of greatness lived by William C. my hometown of Tempe, Arizona. He has con- receive HIV counseling and testing, with all of Black. I personally thank him for his work and sistently led Honeywell from the inside to inte- HIV positive mothers receiving ARV medica- know his legacy will forever live in the grati- grate DLA’s mission requirements into cor- tion. tude of untold numbers of other cancer sur- porate culture and daily work processes. The legislation also requires integration of vivors, their families and friends. Through his tireless work, Mr. Miller has al- prevention, care and treatment with PMTCT Madam Speaker, I ask that this chamber lowed DLA to provide superior customer sup- services in order to improve outcomes for HIV pause to remember William C. Black, and to port on Honeywell parts. He has an unsur- affected women and families and to improve thank his wonderful wife Barbara, his accom- passed willingness to take risks and a strong the continuity of care. plished sons, William Jr., Michael Paul, and commitment to making things work. Both of Prevention is our greatest tool in fighting Christopher for their love and dedication to these characteristics have enabled DLA to this pandemic. We have no vaccine or cure. one another, Jersey Shore Medical Center, navigate around potential crisis situations. But we can work to achieve an HIV free gen- and our blessed country. Mr. Miller should be proud of his accom- eration. f plishments. Again, I say congratulations on the I want to thank the work of the Elizabeth award and thank you for a job well done. Glaser Foundation who have worked to further COMMEMORATING CARTER f the cause of preventing mother to child trans- BLOODCARE THE GLOBAL PEDIATRIC HIV/AIDS mission. The Foundation is also a leader in PREVENTION AND TREATMENT the global effort to provide care and treatment HON. KENNY MARCHANT ACT OF 2008 to millions of HIV positive children. The Foun- OF TEXAS dation’s recommendations for strengthening IN THE HOUSE OF REPRESENTATIVES PEPFAR are the basis for this legislation. I HON. JIM McDERMOTT also want to thank Senators DODD and SMITH Wednesday, February 6, 2008 OF WASHINGTON who have introduced the Senate version of IN THE HOUSE OF REPRESENTATIVES Mr. MARCHANT. Madam Speaker, I rise this legislation. Finally, I want to thank Con- today to commemorate Carter BloodCare on Wednesday, February 6, 2008 gresswoman GRANGER for her willingness to pioneering the processes of the blood care/ Mr. MCDERMOTT. Madam Speaker, I come work with me on this legislation and for her capture industry operations. to the floor today to introduce the Global Pedi- continued commitment to addressing the glob- Carter BloodCare (CBC) worked closely with atric HIV/AIDS Prevention and Treatment Act. al pediatric HIV/AIDS crisis. the Texas Manufacturing Assistance Center I am pleased to be joined by Congresswoman I know that my colleagues on the Foreign and successfully implemented a methodology KAY GRANGER. This legislation will strengthen Relations Committee are working to develop a that has significantly achieved process im- our commitment to preventing the new trans- strong PEPFAR reauthorization and I look for- provements, increased productivity and dou- mission of HIV infections in children. The leg- ward to working with them to ensure that the bled capacity while reducing floor space. islation builds on the successful PEPFAR pro- final bill includes strong PMTCT provisions. These new changes were the result of CBC grams aimed at reducing mother to child f collaborating with Texas Manufacturing Assist- transmission of HIV and AIDS. ance Center (an initiative of the U.S. Depart- The legislation provides a comprehensive, HONORING THE 180TH ANNIVER- ment of Commerce NIST Manufacturing Ex- five year strategy to prevent new HIV infec- SARY OF THE FOUNDING OF tension Partnership program) by participating tions in children and ensure that the treatment MCKENDREE UNIVERSITY in their training course: Fundamentals of Lean of children infected with HIV keeps pace with Enterprise. The Lean program was an ‘‘out- their infection rate. We can achieve the birth HON. JERRY F. COSTELLO side the box’’ way of thinking in the blood col- of an HIV-free generation. OF ILLINOIS lection industry but it has proven to be an Reducing mother to child transmission and IN THE HOUSE OF REPRESENTATIVES overwhelming success for CBC. This system providing treatment to HIV positive children Wednesday, February 6, 2008 allowed CBC to identify and correct problem was one of the goals of the original PEPFAR areas, reduce needless work and create a legislation. The PMTCT or the Prevention of Mr. COSTELLO. Madam Speaker, I rise more productive work flow. Their adoption of Mother to Child Transmission services were a today to ask my colleagues to join me in hon- the Lean Philosophy approach will serve them critically important prevention effort included in oring the 180th Anniversary of the founding of well for years to come. the PEPFAR legislation. As we begin the proc- McKendree University, the oldest college in Il- I commend Carter BloodCare for trans- ess to reauthorize these programs we must linois. forming the processes of the blood care/cap- use this opportunity to strengthen the original McKendree University was founded in 1828, ture industry and providing lifesaving units of goals and mission of PEPFAR. by Methodist pioneers in Lebanon, Illinois. blood to the people of Texas efficiently and Every day more than 1,000 children around First named, ‘‘Lebanon Seminary.’’ the name expediently. It is an honor to represent Carter the world are infected with HIV; approximately was changed in 1830 in honor of William BloodCare in the 24th District of Texas. 90 percent of those infections occur in Africa. McKendree, the first American-born bishop of f With no medical intervention, HIV positive the Methodist Church. McKendree University mothers have a 25 percent to 30 percent is not only the oldest college in Illinois, but it HAROLD MILLER RECEIVES chance of passing the virus on to their babies is also the oldest college in the United States COMMANDER’S CHOICE AWARD during pregnancy and childbirth. Yet just one with continuous ties to the United Methodist dose of an ARV drug given to the mother at Church. HON. HARRY E. MITCHELL the onset of labor and once to the baby during While McKendree University is justifiably OF ARIZONA the first three hours of life reduces trans- proud of its rich history and tradition, it con- IN THE HOUSE OF REPRESENTATIVES mission of HIV by almost 50 percent. We tinues to grow and modernize in order to at- tract the quality of students and faculty need- Wednesday, February 6, 2008 know what works and we now how to reduce HIV babies. We just need to provide the com- ed to maintain its excellent academic standing. Mr. MITCHELL. Madam Speaker, I rise mitment and resources to achieving this goal. This continuous evolution was made evident today to congratulate Mr. Harold Miller, who Children account for almost 16 percent of all with the recent name change from McKendree has been selected to receive the Defense Lo- new HIV infections but represent only 9 per- College to McKendree University in 2007. This gistics Agency’s (DLA) Business Alliance cent of those receiving treatment under name change reflects the broad range of aca- Award for the Commander’s Choice Category. PEPFAR. Without proper care and treatment, demic opportunities available at McKendree, This award program recognizes businesses half of all newly infected children will die be- including the introduction, beginning in 2004, and individuals who have made outstanding fore their 2nd birthday and 75 percent will not of several graduate programs. These graduate efforts in partnering with DLA to provide sup- see their 5th birthday. programs—including education, professional plies and services to America’s war-fighters. The bill establishes a target requiring that by counseling, business administration and nurs- The Commander’s Choice Award is given to 2013 15 percent of those receiving treatment ing—have become so popular that their enroll- a person whose dedication and commitment to under PEPFAR be children. This target simply ment now accounts for one quarter of the en- the DLA mission affects the quality of life for keeps pace with the rate of infection. tire student body.

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K06FE8.003 E06FEPT1 bajohnson on PROD1PC77 with REMARKS February 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E125 McKendree has continued to evolve phys- distribution to the point-of-sale, we are strong- teemed Senator Pell, who championed public ically as well as academically. The university er for having people throughout the world work education, is grossly misleading and dishonors now includes two campuses in Kentucky as together to expand their opportunities. the legacy of a great Senator. well as the main campus in Lebanon, Illinois. f The President’s budget also fails to make It also hosts off-campus offerings at nearby higher education affordable for students with Scott Air Force Base, in addition to other loca- PRESIDENT’S FY2009 BUDGET economic challenges. Rhode Island, where tions in Illinois and Kentucky. In 2006, REQUEST college tuition has risen 45 percent in 4 years, McKendree opened the new Hettenhausen would see a $7 million decrease in edu- Center for the Arts which has rapidly devel- HON. JAMES R. LANGEVIN cational grants for college students. This oped into one of the premier performing arts OF RHODE ISLAND budget also raises the funding level of Pell centers in the region. IN THE HOUSE OF REPRESENTATIVES grants only by slashing funding for math and science courses that prepare students for As McKendree has continued to expand and Wednesday, February 6, 2008 evolve, it has earned more wide-spread rec- technical programs after high school. To main- ognition of the excellent academic reputation it Mr. LANGEVIN. Madam Speaker, I rise tain our economic advantage in the coming has long enjoyed locally. Recent awards and today to express my deep concern about the years, our Nation must invest more in science, rankings include being ranked among the top budget request that President Bush trans- technology, engineering, and mathematics 14 percent of ‘‘Comprehensive Colleges— mitted to Congress earlier this week. By cut- education. Cutting these programs is short- Bachelor’s’’ by U.S. News & World Report’s ting programs important to working families sighted and endangers our international com- Best Colleges 2007 and U.S. News & World and ignoring the significant economic down- petitiveness. Report’s ‘‘Great Schools, Great Prices’’ rank- turn our Nation is facing, the administration At a time when so many families are having ing. has yet again demonstrated that its priorities difficulty paving their bills, this budget also McKendree University has come a long way are not those of the American people. shreds the safety net programs that help the from its humble beginnings in 1828, with 72 Our Nation is facing the real threat of a re- poorest Americans. I am extremely dis- students in two rented sheds. It now boasts a cession, and our government should be doing appointed that the President seeks to cut $570 dynamic, multi-state campus with a full range everything in its power to get our economy million from the Low Income Home Energy As- of extra-curricular offerings to complement its moving and to protect the American people sistance Program. Despite record heating oil excellent academic programs. Throughout its from financial hardship. While the President prices, the President wants to slash this pro- impressive evolution, however. McKendree has said he wants to work with Congress on gram by 22 percent, a cut that would harm our University has remained true to its roots. Stu- an economic stimulus package, his budget re- elderly. Ironically, the budget will cause the dents still come first at McKendree. The focus quest contains a number of devastating cuts heating costs of the poor to rise by eliminating of the entire McKendree community on ena- to important programs that will make it even the Weatherization Assistance Program. A bling each student to fulfill his or her potential harder for our citizens to make ends meet. Federal program that helps people actually re- continues to mark McKendree University as Despite widespread recognition that fixing duce their energy consumption. These pro- ‘‘Illinois’’ First and Finest.’’ the U.S. economy will require addressing our grams are vital to places like Rhode Island Madam Speaker, I am proud to say that my weak housing market, the President’s proposal where families are struggling with astronomical wife, Dr. Georgia Costello, received her under- only adds to the uncertainty that families are heating costs. graduate degree from McKendree and is a facing. This budget would slash funding for The budget also endangers health care pro- member of the Board of Trustees of the Uni- public housing and rental assistance pro- grams for our Nation’s poor and elderly by versity. grams, eliminating critical aid for lower income placing critical domestic health care programs Madam Speaker, I ask my colleagues to join families, the elderly and minorities, many of on the chopping block. The President has pro- me in congratulating the Board of Trustees, whom may be facing foreclosure as a result of posed nearly $200 billion in cuts to Medicare administration, faculty and students of the subprime mortgage crisis. In Rhode Island, and Medicaid over the next 5 years. Unfortu- McKendree University on the occasion of their 400 families are at risk of losing their homes nately, he aims to achieve these cuts by re- 180th Anniversary. under the President’s cuts to Section 8 vouch- ducing reimbursements to health care pro- ers. At the same time, he proposes to slash f viders and charging Medicare beneficiaries the Community Development Block Grant, higher premiums for prescription drug cov- RECOGNIZING INTERNATIONAL CDBG, program, which provides vital funding erage and doctors’ services. This could not NETWORKING WEEK for economic and community development in come at a worse time for the 316,000 Rhode our State’s cities and counties. Island citizens that receive care under these HON. MARK STEVEN KIRK A real economic plan should also include an vital programs and are seeing the costs of OF ILLINOIS investment in education and job training pro- goods rise and their purchasing power fall. IN THE HOUSE OF REPRESENTATIVES grams that will promote new employment and Furthermore, the health care slated to receive ensure that our workforce can adapt to the additional reimbursement cuts under this pro- Wednesday, February 6, 2008 jobs of the future. Unfortunately, those pro- posal continue to struggle to properly treat the Mr. KIRK. Madam Speaker, I rise today to grams are not priorities in the President’s Medicare population. While I agree that we recognize the importance of International Net- budget, and even proposed funding for No need to address the long-term solvency of working Week from February 4–8, 2008, and Child Left Behind, a program that the Presi- Medicare, any reforms should be implemented the prominent role my constituents play in pre- dent touts as one of his biggest accomplish- in a manner that is responsive to the needs of serving our competitiveness in the global ments, does not keep pace with the rate of in- beneficiaries and providers alike. economy. flation. If this budget is enacted, Rhode Island Also contained within the President’s budget As the co-chair of the U.S.-China Working would see $1.5 million less for after-school is a suggested increase of $20 billion over 5 group and a member of the State, Foreign Op- programs and a cut of almost $6 million for years for the State Children’s Health Insur- erations and Related Programs Appropriations career and technical education. Even with lay- ance Program, SCHIP. This amount falls dras- Subcommittee, I know first-hand the impor- offs happening all across our State, President tically short of the bipartisan SCHIP bill tance that international relationships play in Bush wants to cut adult employment and train- passed by Congress in 2007 that would have both diplomacy and in business. ing services, which would decrease Rhode Is- expanded coverage for millions of children. Of special importance are organizations that land’s One-Stop Career System by half a mil- Unfortunately, the President vetoed that legis- create bridges between people for the mutual lion dollars. lation and has instead presented us with a benefit of their members. As technology con- I am deeply disappointed that the Presi- proposal that might well be insufficient to tinues to bring us closer together, the relation- dent’s budget does not even begin to fully cover current SCHIP participants, let alone ships we forge will be more crucial than ever fund special education programs under the In- cover children who are currently eligible but for companies seeking to grow their busi- dividuals with Disabilities Education Act. Fur- not yet enrolled in the program. As a longtime nesses. thermore, instead of fully funding our chil- supporter of SCHIP, I cannot stress how im- Whether it is one of the many multinational dren’s public schools, President Bush has portant this program is to our children, expect- companies in the 10th Congressional District turned back to the idea of school vouchers, re- ant mothers, and parents alike. It is my hope or a locally-owned small business, networking naming them Pell Grants for Kids. Vouchers that we will be able to work in a bipartisan will continue to play a vital role in the growth will not solve our country’s education woes, manner to ensure that this program receives a of the U.S. economy. From manufacturing to and naming them after Rhode Island’s es- proper reauthorization.

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.029 E06FEPT1 bajohnson on PROD1PC77 with REMARKS E126 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2008 Federal health care programs are vital not dress the danger to Colorado’s communities, stead, I seek to make it possible for there to only to our Nation’s children, seniors, and dis- water supplies, and infrastructure from the in- be more rapid responses to the insect epi- abled, but also to the brave men and women creasing risk of very severe wildfires on our demic in those areas where such responses who served our country. While the President’s forested lands. are needed in order to protect communities budget includes an increase for VA funding. I I have put a priority on reducing those risks from increased wildfire dangers. highly doubt it will keep pace with the health since I was elected to Congress. In 2000, with The bill I am introducing today would add a care demands of our returning veterans. I am our then-colleague, Representative Hefley, I new section to the Healthy Forests Act. which also dismayed by his cut of almost $40 million introduced legislation to facilitate reducing the would apply only to Colorado, to specifically to medical and prosthetic research, programs buildup of fuel in the parts of Colorado that the address insect epidemics. It would authorize that have helped our wounded veterans return Forest Service, working with State and local the Forest Service or Interior Department to to a normal life. Once again, the President has partners, identified at greatest risk of fire—the identify as ‘‘insect emergency areas’’ Federal placed the burden of health care cost in- so-called ‘‘red zones.’’ lands that have already been slated for fuel- creases on veterans themselves by proposing Concepts from that legislation were included reduction work in community wildfire protection to increase co-payments and introduce enroll- in the National Fire Plan developed by the plans and that have so many insect-killed ment fees for VA medical care. Congress has Clinton Administration and were also incor- trees that there is an urgent need for work to opposed those efforts in the past, and we will porated into the Healthy Forests Restoration reduce the fire-related risks to human life and continue to do so. Act of 2003. As a Member of the Resources property or municipal water supply. Finally, as a member of the Homeland Se- Committee, I had worked to develop the The Forest Service or Interior Department curity Committee, I am concerned about the version of that legislation that the committee could do this on its own initiative or in re- impacts of the President’s budget on our Na- approved in 2002, and while I could not sup- sponse to a request from a State agency or a tion’s capacity for response, resiliency, and re- port the different version initially passed by the Colorado political subdivision (such as a coun- covery in the wake of a national catastrophe. House in 2003, I voted for the revised version ty, city, or other local government). After re- The budget calls for an unprecedented 79 per- developed in conference with the Senate later ceipt of such a request, a decision must be cent cut to the State Homeland Security Grant that year—the version that President Bush made within 90 days. Program, which awarded $34.8 million to signed into law. In any such emergency areas, the Forest Rhode Island from 2004 to 2007. The budget Since then welcome progress has been Service or Interior Department would be au- would also eliminate the Staffing for Adequate made—in Colorado, at least—in developing thorized to remove dead or dying trees on an Fire and Emergency Response, SAFER, Grant community wildfire protection plans and focus- expedited basis, including use of a ‘‘categor- program and would slash funding for the As- ing fuel-reduction projects in the priority ‘‘red ical exclusion’’ from normal review under the sistance to Firefighters Grant program, despite zone’’ areas, two important aspects of the new National Environmental Policy Act, NEPA. Al- clear evidence that more resources are need- law. But at the same time nature has contin- though categorical exclusions from NEPA are ed to adequately staff and equip fire depart- ued to add to the buildup of fuel in the form controversial, I believe they are appropriate for ments. Local law enforcement would also suf- of both new growth and dead and dying ma- these emergency situations. fer under the President’s budget, which would ture trees. For the information of our colleagues, here cut funding to the Community Oriented Polic- In recognition of the serious nature of the is a more detailed outline of the bill: ing Services, COPS, program and to Justice problem, the entire Colorado delegation—both COLORADO FOREST INSECT EMERGENCY RESPONSE ACT Assistance Grants, JAGS, which have reduced here in the House and in the Senate, too— This bill, based on provisions in the Udall- crime in communities nationwide. Our State worked together to reach consensus on a Salazar bill (H.R. 4875) of 2006, will add a and local law enforcement must have the re- broad-scale legislative response. The result new section to the Healthy Forests Restora- sources they need to be effective, and I will was legislation—H.R. 3072 and S. 1797, the tion Act to specifically address the forest in- fight to block these proposed cuts. Colorado Forest Management Improvement sect epidemic in Colorado. It is obvious that the President’s budget Act of 2007—which I introduced last year in It would authorize the Forest Service or the does not reflect America’s priorities. So, we the House with the cosponsorship of the entire Interior Department, as relevant, to identify as must ask, what are the President’s priorities? Colorado delegation and which Senators ‘‘insect emergency areas’’ Federal lands in While he recommends raising health care SALAZAR and ALLARD introduced in the Senate. Colorado that have already been slated for costs for veterans, the President wants $70 Together with two bills I introduced last fuel-reduction work in community wildfire pro- billion more to continue the war in Iraq, though week—H.R. 5216, the Wildfire Risk Reduction tection plans and that have so many insect- Defense Secretary Gates stated today that and Renewable Biomass Utilization Act and killed trees that there is an urgent need for that number could climb to $170 billion. While H.R. 5218, the Fire Safe Community Act—the work to reduce the fire-related risks to human he wants Congress to permanently extend his bill I am introducing today is designed to com- life and property or municipal water supplies. tax cuts for the wealthiest Americans, his plement the Colorado Forest Management Act The Forest Service or Interior Department budget does not contain a long-term fix for the to respond to the increasingly widespread ex- could make such a determination on its own Alternative Minimum Tax, which if left tent to which our State’s forests are being al- initiative or in response to a request from any unaddressed could mean a significant tax in- tered by infestations of bark beetles and other Colorado State agency or any Colorado polit- crease on our middle class. While he slashes insects. ical subdivision (such as a county, city, or programs for our most vulnerable citizens, his These insects help to balance tree densities other local government). The relevant Federal refusal to follow fiscally responsible budgeting and set the stage for fires and thereby the agency must respond to such a request by practices would mean more deficits in the generation of new tree growth. And when for- making a decision within 90 days. coming years, burdening future generations ests are healthy and there are adequate sup- The bill would reduce the extent to which with crushing interest on the national debt. plies of water, their effects are relatively low- analysis under the National Environmental These priorities are wrong for America. I am scale and isolated. But under the right condi- Policy Act of 1969, NEPA, must be done prior confident that Congress will develop a more tions—such as drought, unusually warm win- to implementing fuel-reduction—i.e., thinning humane and careful roadmap for the coming ters, or when there are dense stands of even- or tree-removal projects in insect-emergency year, and I look forward to working with the aged trees—the insects can cause large-scale areas. This would be done in two ways: Democratic leadership toward that goal. tree mortality, turning whole mountainsides (1) by allowing the abbreviated NEPA re- and valleys rust red. And that is happening views to be used for projects on any lands f now in many parts of Colorado, as was made covered by a wildfire protection plan for a Col- INTRODUCTION OF COLORADO unmistakably clear recently when Federal and orado community in or adjacent to an insect- FOREST INSECT EMERGENCY RE- State foresters reported that the beetle infesta- emergency area (the Act now allows this only SPONSE ACT tion first detected in 1996 grew by a half-mil- for projects on lands within 1.5 miles of a lion acres last year, bringing the total number community’s boundaries); and HON. MARK UDALL of acres attacked by bark beetles to 1.5 mil- (2) by allowing the Forest Service or Interior OF COLORADO lion, and has spread further into Front Range Department to forego NEPA analysis entirely IN THE HOUSE OF REPRESENTATIVES counties east of the Continental Divide. through use of a ‘‘categorical exclusion’’ with My goal in introducing legislation dealing regard to a project involving only lands that Wednesday, February 6, 2008 with this issue is not to eradicate insects in are both within an insect-emergency area and Mr. UDALL of Colorado. Madam Speaker, our forests—nor should it be, because insects covered by a community wildfire protection today I am introducing an additional bill to ad- are a natural part of forest ecosystems. In- plan.

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.032 E06FEPT1 bajohnson on PROD1PC77 with REMARKS February 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E127 Before making a decision to exempt a after investing 214.5 hours and over 20 miles HONORING BAHAI COMMUNITY OF project from NEPA review, the Forest Service of yarn, Ms. Hilton proudly displays the 24-by- SAN JOSE or Interior Department would have to consult 13 foot, 43 pound flag at her home in Athens, with relevant Federal and State agencies, Texas. HON. ZOE LOFGREN seek comments from the public, and follow ex- In between stitching stripes, Ms. Hilton de- OF CALIFORNIA isting procedures for such decisions. veloped her crocheting ministry, The Love IN THE HOUSE OF REPRESENTATIVES Stitchers. The Love Stitchers dedicate their f Wednesday, February 6, 2008 time and efforts to making lap afghans for HONORING THE COCKE COUNTY people in nursing homes and hospice centers. Ms. ZOE LOFGREN of California. Madam NAVAL JUNIOR RESERVE OFFI- They also make special red, white, and blue Speaker, I rise to acknowledge and honor CER TRAINING CORPS starred and striped blankets for veterans. With Baha´’i Community of San Jose’s 50th anniver- 100 members in three cities, The Love Stitch- sary. The Baha´’i Faith, in just 150 years, has HON. DAVID DAVIS ers have made over 1,500 afghans. become an independent, second most wide- OF TENNESSEE Madam Speaker, on behalf of the Fifth Dis- spread world religion whose five million fol- IN THE HOUSE OF REPRESENTATIVES trict of Texas, I am honored to recognize Ms. lowers are made up of more than 2,100 di- verse ethnic, racial and tribal groups. The or- Wednesday, February 6, 2008 Nancy Hilton not only for her talent, but for her thoughtfulness and devotion in caring for our ganization has more than 157,000 members in Mr. DAVID DAVIS of Tennessee. Madam military, veterans, and seniors. the United States. Speaker, I rise today to congratulate the The Baha´’i Faith includes teachings that Cocke County Naval Junior Reserve Officers f promote the principle of equal rights for men Training Corps (NJROTC) program for their and women, advocate compulsory education, achievements this past year. In 2007, the RECOGNIZING THE LATINA STYLE abolish extremes of poverty and wealth, honor Cocke County NJROTC program was ranked 50 AWARDS work performed in the spirit of service to the number one in the State of Tennessee and rank of worship, recommend the adoption of number six in the United States in competi- HON. JOE BACA an auxiliary international language, and pro- tions including academics, athletics, and mili- vide the necessary agencies for the establish- OF CALIFORNIA tary drill. ment and safeguarding of a permanent and In addition to achieving such great acco- IN THE HOUSE OF REPRESENTATIVES universal peace. The Baha´’i Communities of lades in competitions, the Cocke County Wednesday, February 6, 2008 San Jose and of the United States operate NJROTC planned, coordinated, and completed more than one thousand grassroots social and Mr. BACA. Madam Speaker, in 1998, a 2,153 community service hours in the Cocke economic development projects throughout the unique program was launched with the pur- County, Hamblen County and Knox County world. pose of creating awareness in corporate areas during the 2006 to 2007 school year. This faith-based organization not only pro- America and its connection to the growing The Cocke County NJROTC is a citizen vides spiritual guidance for their members, but world of professional Hispanic women. leadership program designed to develop in- they also provide charitable work to the com- LATINA Style Magazine serves as a reflection formed and responsible young men and munity at large. Some of their local civic activi- of this increasing diversity. Because of the women who embody honor, self-reliance, self- ties include the membership in the Martin Lu- magazine’s dedication to informing its readers discipline, and respect to authority in a demo- ther King, Jr. Association, membership in the on career opportunities in corporate America, cratic society. Network for a Hate Free Community, it was the catalyst for creating a prestigious This achievement is a true honor to all the Juneteenth Festival, Second Harvest Food analysis of Hispanic women’s presence there. young men and women involved in the Cocke Collections, highway cleanup, and 22 years It serves to show the continued efforts for pro- County NJROTC program. The rankings, each sponsorship of a service awards banquet rec- moting diversity and providing career advance- respectively, show the dedication and commit- ognizing notable individuals and organizations ment for these Latina professionals. ment to service and our Nation. for their community service based on Baha´’i It is exciting for me to see the young men Today we celebrate the LATINA Style 50 principles. Baha´’i Community of San Jose pro- and women of Cocke County NJROTC estab- Awards, a program which highlights the 50 vides these valuable services at no cost to the lishing such high standards at a young age best companies for Latinas to work for in our Baha´’i Communities of the South Bay and the and it bestows great promise for the State of country. LATINA Style recruits up to 800 For- Santa Clara Valley Community at large. Tennessee and our Nation alike. tune 1000 companies to participate in a sur- In their 50 years of dedication and hard Madam Speaker, I ask that the House join vey regarding their role in increasing the num- work. Baha´’i Community of San Jose has as- me this evening honoring the Cocke County ber of Latina professionals in America’s work- sisted thousands of people. Baha´’i Community NJROTC program for their commitment to ex- place. The reports highlight each company’s of San Jose serves people of all beliefs, cul- cellence, dedication, and promise as future leadership programs, employee benefits and tures, ethnicities and ages and serves a di- leaders of America. Latina representation in senior positions. This verse population from various ethnic back- f past August, the tenth publication of these grounds. studies went to print. Today I stand here hon- It is indeed an honor and a privilege to have HONORING NANCY HILTON FOR oring this 10th year anniversary of a highly no- a warm, welcoming, and nurturing organization ENCOURAGING OUR NATION’S table and beneficial publication. in my district that appreciates and honors the MILITARY Because of the dream of its late founder, diversity that makes America, and specifically Anna Maria Arias, the LATINA Style 50 pro- San Jose, California a most desirable place to HON. JEB HENSARLING vides today to Latina professionals a resource live, work and raise a family. when looking for information on mentoring pro- OF TEXAS f IN THE HOUSE OF REPRESENTATIVES grams, education opportunities, employee benefits. women’s issues, and more in cor- FREEDOM FOR JUAN PEDROSO Wednesday, February 6, 2008 porate America. With these resources we can ESQUIVEL Mr. HENSARLING. Madam Speaker, today I continue to shed light and improve the status rise to recognize a talented and patriotic cit- of Hispanic professionals in America’s growing HON. LINCOLN DIAZ-BALART izen, Nancy Hilton, for her efforts to honor and corporate world. LATINA Style’s passion helps OF FLORIDA encourage our Nation’s military. more Hispanic women become aware of com- IN THE HOUSE OF REPRESENTATIVES Overwhelmed with the sacrifices made by panies that are providing nurturing environ- our men and women in uniform. Ms. Hilton ments, where they can continue to climb the Wednesday, February 6, 2008 sought a unique way in which she could per- corporate ladder. I commend LATINA Style on Mr. LINCOLN DIAZ-BALART of Florida. sonally honor the military. On a road trip to the their commitment to open more doors to His- Madam Speaker, I rise to bring to the attention East Coast, Ms. Hilton decided to hand-stitch panic women, and for their continued inspira- of our colleagues the unjustified arrest of yet an American flag and wasted no time in doing tion to all Latinas and Latinos in the United another dissident, Juan Pedroso Esquivel, by so. On the road with no pattern, she pur- States who seek to serve the vital roles in the totalitarian dictatorship in Cuba. chased a store-made American flag and cre- America’s social, political, and economic com- Recently dictatorship thugs working to stifle ated a self-made pattern. Three years later, munities. free speech raided Mr. Pedroso’s home after

VerDate Aug 31 2005 05:40 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.035 E06FEPT1 bajohnson on PROD1PC77 with REMARKS E128 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2008 someone in the city of Colo´n posted stickers by a panel of national and international lubri- intensive development of Federally-owned nat- declaring ‘‘CAMBIO,’’ meaning change in cation engineers. He is beyond doubt an ex- ural gas and other energy resources. Spanish. The regime charged Mr. Pedroso on pert in his field, authoring training books on Accordingly, our bill would reverse this re- January 7 with the crime of possessing ‘‘sub- lube-room construction and articles on lubrica- cently-enacted change and so restore the eq- versive propaganda.’’ It is not known yet how tion systems and lending his services to a uitable division of royalty revenues provided long a sentence Mr. Pedroso will face for this number of Fortune 500 companies. Just as by the Mineral Leasing Act. so-called crime. This may be because the ty- importantly, Scotty Lippert’s best practices in f rannical regime is attempting to scare other the field of lubrication, inspired, designed and peaceful political dissenters by making an ex- implemented at Clopay, are now being used SUNSET MEMORIAL ample with the unjust arrest of Mr. Pedroso. by the U.S. Navy. Mr. Pedroso is a member of the Pedro Luis On November 2, 2007, Scotty Lippert was HON. TRENT FRANKS Boitel Democratic Party. He has a long history chosen as the 2007 Kentucky Manufacturing OF ARIZONA of nonviolent political dissent and has pre- Employee of the Year. He was chosen by a IN THE HOUSE OF REPRESENTATIVES viously faced time inside the repressive gulags panel of judges on account of his innovation, Wednesday, February 6, 2008 of the Cuban tyranny. teamwork. community service, and leadership Even outside prison the regime’s thugs have credentials. Mr. FRANKS of Arizona. Madam Speaker, it repeatedly harassed Mr. Pedroso. According In addition to his dedication to his company is February 6, 2008, in the land of the free to reports, in September 1998, Mr. Pedroso and profession, Scotty Lippert serves his com- and the home of the brave and before the sun was threatened by the despotic chief of police munity as a magistrate in Bracken County. set today in America, almost 4,000 more de- in San Jose´ de los Ramos, Matanzas prov- Scotty Lippert deserves praise for his con- fenseless unborn children were killed by abor- ince. The policeman publicly said that he had tributions to his vocation and community, and tion on demand—just today. That is more than orders to shoot Mr. Pedroso in the head and I know the citizens of Bracken County and the the number of innocent American lives that we then a few days later said he had his gun Fourth Congressional District join me in recog- lost on September 11, only it happens every ready. nizing his many achievements and contribu- day. A few months later Mr. Pedroso was sum- tions to our region. It has now been exactly 12,798 days since moned to the headquarters of the Sistema f the tragic judicial fiat called Roe v. Wade was Unico de Vigilancia y Proteccio´n, SUVP, Uni- handed down. Since then, the very foundation fied Vigilance and Protection System, where INTRODUCTION OF EQUITABLE of this Nation has been stained by the blood he was told that he needed to stop his human MINERAL LEASE REVENUE of almost 50 million children. And all of them rights work and ‘‘get a job’’ or he would be SHARING RESTORATION ACT had at least four things in common. charged with the crime of ‘‘dangerousness.’’ They were each just little babies who had However, Mr. Pedroso was unable to find em- HON. MARK UDALL done nothing wrong to anyone. And each one ployment because of his past peaceful political OF COLORADO of them died a nameless and lonely death. activities. One week later, he was arrested IN THE HOUSE OF REPRESENTATIVES And each of their mothers, whether she real- and ‘‘convicted’’ of ‘‘dangerousness’’ and re- izes it immediately or not, will never be the ceived a two-year sentence in the gulag. Wednesday, February 6, 2008 same. And all the gifts that these children My colleagues, it is unconscionable that Mr. UDALL of Colorado. Madam Speaker, might have brought to humanity are now lost someone can be sent to a gulag just because with my Colorado colleague, Representative forever. a dictatorship suspected he was posting stick- JOHN SALAZAR. I am today introducing a bill to Madam Speaker, those noble heroes lying ers with the word ‘‘CAMBIO.’’ Why are they so restore the equitable sharing between the in frozen silence out in Arlington National afraid of the word ‘‘change’’? What has them Federal Government and the States of reve- Cemetery did not die so America could shred so scared of such a simple and peaceful nues from federal onshore mineral leases. her own Constitution, as well as her own chil- word? What they are really scared of is any- Leasing of federally-owned onshore min- dren, by the millions. It seems that we are one in any way challenging their tenuous grip erals is governed by the Mineral Leasing Act. never quite so eloquent as when we condemn on the Cuban people and putting a spotlight which provides that the royalties paid by the the genocidal crimes of past generations, on their condemnable, abhorrent treatment of producers are split equally between the Fed- those who allowed their courts to strip the the Cuban people. eral Government and the government of the black man and the Jew of their constitutional Madam Speaker, the arrest of Mr. Pedroso State where a lease is located. personhood, and then proceeded to murder- is yet another example of the totalitarian dicta- This is very important for Colorado, which in ously desecrate millions of these, God’s own torship’s total disregard for human rights in recent years has received between $30 million children. that enslaved island. My colleagues, we must and $60 million from this source. And many Yet even in the full glare of such tragedy, demand the immediate and unconditional re- other States—especially in the West—have this generation clings to blindness and invin- lease of Juan Pedroso Esquivel and every po- benefited as well. In fact, the most recent re- cible ignorance while history repeats itself and litical prisoner in totalitarian Cuba. port by the Interior Department indicates that our own genocide mercilessly annihilates the f 34 States received a total of $1.9 billion pursu- most helpless of all victims to date, those yet ant to this part of the Mineral Leasing Act in unborn. HONORING SCOTTY LIPPERT, JR. 2007. Perhaps it is important for those of us in this Regrettably, the just-enacted appropriations Chamber to remind ourselves again of why we HON. GEOFF DAVIS bill for the Interior Department includes a pro- are really all here. OF KENTUCKY vision that in effect amends this part of the Thomas Jefferson said, ‘‘The care of human IN THE HOUSE OF REPRESENTATIVES Mineral Leasing Act by reducing the share of life and its happiness and not its destruction is Wednesday, February 6, 2008 royalty funds going to affected States by 2 the chief and only object of good govern- Mr. DAVIS of Kentucky. Madam Speaker, I percent—so that Colorado and other States ment.’’ rise today to honor a dedicated community will get only 48 percent (instead of half) of the Madam Speaker, protecting the lives of our servant and a national leader in his profes- royalties from Federal leases within state innocent citizens and their constitutional rights sion. boundaries. is why we are all here. It is our sworn oath. Scotty Lippert, Jr., is a standout in his field. My understanding is that this change was The phrase in the 14th amendment capsulizes For twenty-one years. he has worked for prompted—at least in part—as a way to offset our entire Constitution. It says: ‘‘No state shall Clopay Plastics Products, a global leader in some of the costs to the Interior Department deprive any person of life, liberty or property specialty films, extrusion coatings, custom- of administering the leasing program and the without due process of law.’’ printing and engineered laminations. As a distribution of royalty revenues. The bedrock foundation of this Republic is planned maintenance specialist and lubrication But I do not think Such a drastic change in the Declaration, not the casual notion, but the systems leader, he is one of only 745 people the law should he accomplished by inclusion Declaration of the self-evident truth that all worldwide to meet the education, training, and of such a provision in an appropriations bill, human beings are created equal and endowed examination standards required to achieve especially when it will have such a serious ad- by their creator with the unalienable rights of Machinery Lubrication Technician Certification. verse effect on Colorado and our commu- life, liberty, and the pursuit of happiness. Scotty Lippert helped design and construct nities—especially those on the Western Every conflict and battle our Nation has ever a lube room that was judged best in the world Slope—that are experiencing the impacts of faced can be traced to our commitment to this

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A06FE8.040 E06FEPT1 bajohnson on PROD1PC77 with REMARKS February 6, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E129 core self-evident truth. It has made us the HONORING THE CAREER AND AC- This title requires all such committees beacon of hope for the entire world. It is who COMPLISHMENTS OF DR. RON- to notify the Office of the Senate Daily we are. ALD F. SURAL Digest—designated by the Rules Com- And yet another day has passed, Madam mittee—of the time, place, and purpose Speaker, and we in this body have failed HON. HOWARD COBLE of the meetings, when scheduled, and again to honor that commitment. We failed our OF NORTH CAROLINA any cancellations or changes in the sworn oath and our God-given responsibility IN THE HOUSE OF REPRESENTATIVES meetings as they occur. as we broke faith with nearly 4,000 more inno- Wednesday, February 6, 2008 As an additional procedure along cent American babies who died without the protection we should have given them. Mr. COBLE. Madam Speaker, I join with with the computerization of this infor- those who are recognizing the extraordinary mation, the Office of the Senate Daily Madam Speaker, I believe that this discus- accomplishments of a distinguished con- Digest will prepare this information for sion presents this Congress and the American stituent Dr. Ronald F Sural who recently re- printing in the Extensions of Remarks people with two destiny questions. tired. His career was one of remarkable con- section of the CONGRESSIONAL RECORD The first that all of us must ask ourselves is tributions to the practice of medicine, and on Monday and Wednesday of each very simple: Does abortion really kill a baby? manifold successes and abiding dedication to week. If the answer is ‘‘yes,’’ there is a second des- the people of Greensboro, North Carolina. tiny question that inevitably follows. Ron was horn in Saginaw, Michigan, and Meetings scheduled for Thursday, And it is this, Madam Speaker: Will we allow educated in a one-room schoolhouse. He February 7, 2008 may be found in the ourselves to be dragged by those who have knew he wanted to be a doctor at an early Daily Digest of today’s RECORD. lost their way into a darkness where the light age after seeing how a local physician took of human compassion has gone out and the care of the people in his hometown and the MEETINGS SCHEDULED respect and admiration the physician enjoyed. predatory survival of the fittest prevails over FEBRUARY 12 humanity? Or will America embrace her des- Not being from a wealthy family, Ron worked 9:30 a.m. tiny to lead the world to cherish and honor the to put himself through college and medical Armed Services God-given miracle of each human life? school. Ron is a 1967 alumnus of the University of To hold hearings to examine Air Force Madam Speaker, it has been said that every Michigan Medical School. Shortly after his nuclear security; to be followed by a baby comes with a message, that God has not medical residency Ron joined the United closed session in SR–222. yet despaired of mankind. And I mourn that States Air Force as a surgeon. He faithfully SR–325 10 a.m. those 4,000 messages sent to us today will served his Nation during the Vietnam War, Commerce, Science, and Transportation never be heard. Madam Speaker, I also have eventually being promoted to the rank of not yet despaired. Because tonight maybe Aviation Operations, Safety, and Security Major. Subcommittee someone new, maybe even someone in this In 1974, after retiring from the Air Force, he Congress, who heard this sunset memorial will To hold hearings to examine the Presi- moved his family to North Carolina after vis- dent’s proposed budget request for fis- finally realize that abortion really does kill a iting the state only once. He immediately fell cal year 2009 for the Federal Aviation baby, that it hurts mothers in ways that we in love with Greensboro and decided that it Administration. can never express, and that 12,798 days was the place he would raise his family. SR–253 spent legally killing nearly 50 million children Ron served the people of the Greensboro Budget in America is enough. And perhaps they will area as a urologist for 33 years, providing help To hold hearings to examine the Presi- realize that America is great enough to find a and healing to the young and old alike, some- dent’s proposed budget request for fis- better way than abortion on demand. times without pay. He never refused to help cal year 2009 for defense and war costs. So tonight, Madam Speaker, may we each anyone in need and those patients often SD–608 showed their appreciation by bringing him Environment and Public Works remind ourselves that our own days in this To hold hearings to examine the Presi- vegetables from their gardens or firewood— sunshine of life are numbered and that all too dent’s proposed budget request for fis- soon each of us will walk from these Cham- the only payment they could afford. cal year 2009 for the U.S. Army Corps of bers for the very last time. He served the Greensboro community Engineers Civil Works Program, and through his involvement with the Summit Ro- And if it should be that this Congress is al- the implementation of the Water Re- tary Club of Greensboro, the Knights of Co- lowed to convene on yet another day to come, sources Development Act (WRDA) of lumbus and as a parishioner of Our Lady of may that be the day when we hear the cries 2007. Grace Catholic Church. He is a member of the SD–406 of the unborn at last. May that be the day we Greensboro Country Club, where he has skill- Health, Education, Labor, and Pensions find the humanity, the courage, and the will to fully won several golf championships. To hold hearings to examine ways to ad- embrace together our human and our constitu- He is the proud, adoring father of four chil- dress healthcare workforce issues for tional duty to protect the least of these, our dren, three grandchildren, and the loving hus- the future. tiny American brothers and sisters, from this band to his wife of 41 years, Sharon. SD–430 murderous scourge upon our Nation called Dr. Sural exemplifies all of what is good and Judiciary abortion on demand. To hold hearings to examine the nomina- positive about the practice of medicine. And It is February 6, 2008—12,798 days since tions of James Randal Hall, to be now, his 33 year career as a physician, serv- United States District Judge for the Roe v. Wade—in the land of the free and the ant and educator has come to a close. He has Southern District of Georgia, Richard home of the brave. left an indelible mark on his patients and on H. Honaker, to be United States Dis- the medical professionals with whom he has trict Judge for the District of Wyo- f worked, mentored, advised, and inspired. On ming, Gustavus Adolphus Puryear IV, behalf of the citizens of the Sixth District of to be United States District Judge for PERSONAL EXPLANATION North Carolina, we commend Dr. Ronald Sural the Middle District of Tennessee, and for being a distinguished physician, father and Brian Stacy Miller, to be United States husband, and an exemplar of strong character District Judge for the Eastern District HON. LUCILLE ROYBAL-ALLARD and generosity. of Arkansas. SD–226 OF CALIFORIA f 11 a.m. IN THE HOUSE OF REPRESENTATIVES SENATE COMMITTEE MEETINGS Appropriations Title IV of Senate Resolution 4, Transportation, Housing and Urban Devel- Wednesday, February 6, 2008 opment, and Related Agencies Sub- agreed to by the Senate on February 4, committee Ms. ROYBAL-ALLARD. Madam Speaker, I 1977, calls for establishment of a sys- To hold hearings to examine proposed was ill today and was not present for naming tem for a computerized schedule of all budget estimates for fiscal year 2009 for bills S. 2110 (Roll No. 23) and H.R. 4140 (Roll meetings and hearings of Senate com- Transportation, Housing, and Urban No. 24). Had I been present, I would have mittees, subcommittees, joint commit- Development, and Related Agencies. voted ‘‘yea’’ on both measures. tees, and committees of conference. SD–138

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A06FE8.043 E06FEPT1 bajohnson on PROD1PC77 with REMARKS E130 CONGRESSIONAL RECORD — Extensions of Remarks February 6, 2008 2 p.m. cal year 2009 for the Small Business cal year 2009 for the Department of Judiciary Administration. Homeland Security. Crime and Drugs Subcommittee SR–428A SD–342 To hold hearings to examine federal co- 2:30 p.m. 2:30 p.m. caine sentencing laws, focusing on re- Intelligence Intelligence forming the 100-to-1 crack/powder dis- Closed business meeting to consider cer- To hold hearings to examine the Director parity. tain intelligence matters. of National Intelligence authorities. SD–226 SH–219 SH–216 2:30 p.m. 3 p.m. Intelligence Health, Education, Labor, and Pensions FEBRUARY 21 To hold closed hearings to examine cer- Children and Families Subcommittee 10 a.m. tain intelligence matters. To hold hearings to examine the Family Judiciary SH–219 and Medical Leave Act (FMLA) (P.L. To hold hearings to examine pending ju- 103–3), focusing on a fifteen-year his- FEBRUARY 13 tory of support for workers. dicial nominations. SD–226 9:30 a.m. SD–430 Armed Services FEBRUARY 27 To hold hearings to examine improve- FEBRUARY 14 ments implemented and planned by the 9:30 a.m. 2:30 p.m. Department of Defense and the Depart- Commerce, Science, and Transportation Commerce, Science, and Transportation ment of Veterans Affairs for the care, To hold hearings to examine the nomina- Space, Aeronautics, and Related Agencies management, and transition of wound- tion of John J. Sullivan, of Maryland, Subcommittee ed and ill servicemembers. to be Deputy Secretary of Commerce. To hold hearings to examine the Presi- SH–216 SR–253 dent’s proposed budget request for fis- Foreign Relations Energy and Natural Resources cal year 2009 for the National Space To hold hearings to examine the Presi- To hold hearings to examine the Presi- and Aeronautics Administration dent’s budget request for fiscal year dent’s proposed budget estimates for (NASA). 2009 for Foreign Affairs. fiscal year 2009 for the Department of SR–253 SD–419 Agriculture Forest Service. Veterans’ Affairs SD–366 FEBRUARY 28 To hold hearings to examine the Presi- Indian Affairs 9:30 a.m. dent’s proposed budget request for fis- To hold an oversight hearing to examine Armed Services cal year 2009 for veterans programs. the President’s proposed budget re- To hold hearings to examine the defense SR–418 quest for fiscal year 2009 for tribal pro- authorization request for fiscal year 9:45 a.m. grams. 2009, for the Department of the Navy, Energy and Natural Resources SD–628 and the future years defense program; To hold hearings to examine the Presi- 9:45 a.m. with the possibility of a closed session dent’s budget request for fiscal year Homeland Security and Governmental Af- in SR–222 immediately following the 2009 for the Department of the Interior. fairs open session. SD–366 Oversight of Government Management, the SH–216 10 a.m. Federal Workforce, and the District of Homeland Security and Governmental Af- Columbia Subcommittee MARCH 5 fairs To hold hearings to examine ways to 9:30 a.m. To hold hearings to examine the Depart- build and strengthen the Federal acqui- ment of Defense Homeland Security sition workforce. Armed Services role, focusing on how the military can SD–342 To hold hearings to examine the defense and will contribute. 10 a.m. authorization request for fiscal year SD–342 Commerce, Science, and Transportation 2009, for the Department of the Air Judiciary To hold hearings to examine one year to Force, and the future years defense To hold hearings to examine the state se- digital television transition, focusing program. crets privilege, focusing on protecting on consumers, broadcasters, and con- SH–216 national security while preserving ac- verter boxes. countability. SR–253 MARCH 12 SD–226 10:15 a.m. 2:30 p.m. Rules and Administration Foreign Relations Armed Services To hold hearings to examine ways to pro- Business meeting to consider pending Readiness and Management Support Sub- tect voters at home and at the polls, calendar business. committee focusing on limiting abusive robocalls S–116, Capitol To hold hearings to examine the defense and vote caging practices. 1:30 p.m. authorization request for fiscal year SR–301 Homeland Security and Governmental Af- 2009, the future years defense program, Small Business and Entrepreneurship fairs and military installation, environ- To hold hearings to examine the Presi- To hold hearings to examine the Presi- mental, and base closure programs. dent’s proposed budget request for fis- dent’s proposed budget request for fis- SR–232A

VerDate Aug 31 2005 05:30 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\M06FE8.000 E06FEPT1 bajohnson on PROD1PC77 with REMARKS Wednesday, February 6, 2008 Daily Digest Senate the rights of Americans who are communicating Chamber Action with people abroad. Pages S686, S688 Routine Proceedings, pages S679–S751 Feingold/Dodd Amendment No. 3912 (to Measures Introduced: Nine bills and two resolu- Amendment No. 3911), to modify the requirements tions were introduced, as follows: S. 2594–2602, S. for certifications made prior to the initiation of cer- Res. 444, and S. Con. Res. 65. Page S733 tain acquisitions. Page S688 Measures Passed: Dodd Amendment No. 3907 (to Amendment No. 3911), to strike the provisions providing immunity Do-Not-Call Improvement Act: Committee on from civil liability to electronic communication serv- Commerce, Science, and Transportation was dis- ice providers for certain assistance provided to the charged from further consideration of H.R. 3541, to Government. Page S688 amend the Do-Not-Call Implementation Act to Bond/Rockefeller Modified Amendment No. 3938 eliminate the automatic removal of telephone num- bers registered on the Federal ‘‘do-not-call’’ registry, (to Amendment No. 3911), to include prohibitions and the bill was then passed, clearing the measure on the international proliferation of weapons of mass destruction in the Foreign Intelligence Surveillance for the President. Pages S750–51 Act of 1978. Page S688 Measures Considered: Bond/Rockefeller Modified Amendment No. 3941 FISA Amendments Act: Senate continued consid- (to Amendment No. 3911), to expedite the review eration of S. 2248, to amend the Foreign Intel- of challenges to directives under the Foreign Intel- ligence Surveillance Act of 1978, to modernize and ligence Surveillance Act of 1978. Page S688 streamline the provisions of that Act, taking action Feinstein Amendment No. 3910 (to Amendment on the following amendments proposed thereto: No. 3911), to provide a statement of the exclusive Pages S686–714 means by which electronic surveillance and intercep- Withdrawn: tion of certain communications may be conducted. By 49 yeas and 46 nays (Vote No. 7), Cardin Pages S706–07 Amendment No. 3930 (to Amendment No. 3911), Feinstein Amendment No. 3919 (to Amendment to modify the sunset provision. (A unanimous-con- No. 3911), to provide for the review of certifications sent agreement was reached providing that the by the Foreign Intelligence Surveillance Court. amendment, having failed to achieve 60 affirmative Page S707 votes, be withdrawn). Pages S687–88, S707–10 Specter/Whitehouse Amendment No. 3927 (to Pending: Amendment No. 3911), to provide for the substi- Rockefeller/Bond Amendment No. 3911, in the tution of the United States in certain civil actions. Page S688 nature of a substitute. Page S712 Whitehouse Amendment No. 3920 (to Amend- ment No. 3911), to provide procedures for compli- Recovery Rebates and Economic Stimulus for ance reviews. Pages S686–87, S688 the American People Act: Senate continued con- Feingold Amendment No. 3979 (to Amendment sideration of H.R. 5140, to provide economic stim- No. 3911), to provide safeguards for communications ulus through recovery rebates to individuals, incen- involving persons inside the United States. Page S688 tives for business investment, and an increase in con- Feingold/Dodd Amendment No. 3915 (to forming and FHA loan limits, and taking action on Amendment No. 3911), to place flexible limits on the following amendments proposed thereto: the use of information obtained using unlawful pro- Pages S715–25 cedures. Page S688 Pending: Feingold Amendment No. 3913 (to Amendment Reid Amendment No. 3983, of a perfecting na- No. 3911), to prohibit reverse targeting and protect ture. Page S715 D89

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Reid Amendment No. 3984 (to Amendment No. Executive Reports of Committees: Pages S732–33 3983), to change the enactment date. Page S715 Additional Cosponsors: Pages S733–34 Motion to commit the bill to the Committee on Finance, with instructions to report back forthwith, Statements on Introduced Bills/Resolutions: Pages S734–43 with Reid Amendment No. 3985. Page S715 Reid Amendment No. 3986 (to the instructions of Additional Statements: Pages S726–28 the Reid motion to commit), of a perfecting nature. Amendments Submitted: Pages S743–50 Page S715 Reid Amendment No. 3987 (to Amendment No. Authorities for Committees to Meet: Page S750 3986), of a perfecting nature. Page S715 Privileges of the Floor: Page S750 During consideration of this measure today, Senate Record Votes: Two record votes were taken today. also took the following action: (Total—8) Pages S709–10, S725 By 58 yeas to 41 nays (Vote No. 8), three-fifths of those Senators duly chosen and sworn, not having Recess: Senate convened at 9:30 a.m. and recessed voted in the affirmative, Senate rejected the motion at 7:32 p.m., until 10:30 a.m. on Thursday, Feb- to close further debate on Reid Amendment No. ruary 7, 2008. (For Senate’s program, see the re- 3983 (listed above). Pages S715–25 marks of the Acting Majority Leader in today’s Senator Reid entered a motion to reconsider the Record on page S751.) vote by which the motion to invoke cloture on Reid Amendment No. 3983 (listed above) failed. Committee Meetings Page S725 Message from the President: Senate received the (Committees not listed did not meet) following message from the President of the United NOMINATIONS States: Committee on Armed Services: Committee ordered favor- Transmitting, pursuant to law, a report on the ably reported 782 nominations in the Army, Navy, continuation of the national emergency that was de- Air Force, and Marine Corps. clared with respect to the Government of Cuba’s de- struction of two unarmed U.S.-registered civilian air- DEFENSE AUTHORIZATION craft; which was referred to the Committee on Bank- Committee on Armed Services: Committee concluded a ing, Housing, and Urban Affairs. (PM–36) hearing to examine the defense authorization request Pages S728–29 for fiscal year 2009, the future years defense pro- Removal of Injunction of Secrecy: The injunction gram, and for operations in Iraq and Afghanistan, of secrecy was removed from the following treaty: after receiving testimony from Robert M. Gates, Sec- International Convention Against Doping in Sport retary, Admiral Michael G. Mullen, USN, Chairman, (Treaty Doc. No. 110–14). Joint Chiefs of Staff, and Tina W. Jonas, Under Sec- The treaty was transmitted to the Senate today, retary (Comptroller), all of the Department of De- considered as having been read for the first time, and fense. referred, with accompanying papers, to the Com- 2009: BUDGET mittee on Foreign Relations and ordered to be print- ed. Page S751 Committee on the Budget: Committee concluded a hear- ing to examine the President’s fiscal year 2009 Nominations Received: Senate received the fol- budget and revenue proposals, after receiving testi- lowing nominations: mony from Henry M. Paulson, Jr., Secretary, Depart- Susan D. Peppler, of California, to be an Assistant ment of the Treasury. Secretary of Housing and Urban Development. Linda Thomas-Greenfield, of Louisiana, to be Am- DEPARTMENT OF ENERGY BUDGET bassador to the Republic of Liberia. Committee on Energy and Natural Resources: Committee Ralph E. Martinez, of Florida, to be a Member of concluded a hearing to examine the President’s pro- the Foreign Claims Settlement Commission of the posed budget estimates for fiscal year 2009 for the United States for a term expiring September 30, Department of Energy, after receiving testimony 2010. from Samuel W. Bodman, Secretary of Energy. A routine list in the Foreign Service. Page S751 SURFACE TRANSPORTATION COMMISSION Messages from the House: Page S729 REPORT Measures Read the First Time: Pages S729, S751 Committee on Environment and Public Works: Com- Executive Communications: Pages S729–32 mittee concluded a hearing to examine perspectives

VerDate Aug 31 2005 04:49 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE8.REC D06FEPT1 bajohnson on PROD1PC77 with DIGEST February 6, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D91 on the Surface Transportation Commission report, fo- Michael O. Leavitt, Secretary, Department of Health cusing on current and future transportation needs of and Human Services. the United States, after receiving testimony from Mary E. Peters, Secretary of Transportation; JayEtta KOREAN PENINSULA DENUCLEARIZATION Z. Hecker, Director, Physical Infrastructure Issues, Committee on Foreign Relations: Committee concluded Government Accountability Office; Debra L. Miller, a hearing to examine the Six-Party Talks for the Kansas Department of Transportation, Topeka, on denuclearization of the Korean Peninsula, after re- behalf of the American Association of State Highway ceiving testimony from Christopher R. Hill, Assist- and Transportation Officials; and Janet F. Kavinoky, ant Secretary of State for East Asia and Pacific Af- U.S. Chamber of Commerce, and Gregory M. Cohen, fairs. American Highway Users Alliance, both of Wash- NOMINATIONS ington, D.C. Committee on Foreign Relations: Committee concluded BUSINESS MEETING a hearing to examine the nominations of Margaret Committee on Environment and Public Works: Com- Scobey, of Tennessee, to be Ambassador to the Arab mittee ordered favorably reported S. 2146, to author- Republic of Egypt, James Francis Moriarty, of Mas- ize the Administrator of the Environmental Protec- sachusetts, to be Ambassador to the People’s Repub- tion Agency to accept, as part of a settlement, diesel lic of Bangladesh, and Deborah K. Jones, of New emission reduction Supplemental Environmental Mexico, to be Ambassador to the State of Kuwait, Projects. all of the Department of State, after the nominees testified and answered questions in their own behalf. DEPARTMENT OF HEALTH AND HUMAN SERVICES BUDGET SUDAN Committee on Finance: Committee concluded a hearing Committee on Foreign Relations: Committee met in to examine the President’s proposed budget request closed session to receive a briefing on Sudan from for fiscal year 2009 for the Department of Health Richard Williamson, President’s Special Envoy to and Human Services, after receiving testimony from Sudan, Department of State. h House of Representatives Speaker: Read a letter from the Speaker wherein she Chamber Action appointed Representative Baird to act as Speaker Pro Public Bills and Resolutions Introduced: 21 pub- Tempore for today. Page H561 lic bills, H.R. 5222–5242; 1 private bill, H.R. Chaplain: The prayer was offered by the guest 5243; and 7 resolutions, H. Con. Res. 288; and H. Chaplain, Dr. Stephen L. Swisher, Lovers Lane Res. 957–962 were introduced. Page H620 United Methodist Church, Dallas, Texas. Page H561 Additional Cosponsors: Pages H621–23 Whole Number of the House: The Chair an- Reports Filed: A report was filed on February 1, nounced to the House that, in light of the resigna- 2008 as follows: tion of the gentleman from Louisiana, Mr. Baker, the H.R. 3111, to provide for the administration of whole number of the House is adjusted to 430. Port Chicago Naval Magazine National Memorial as Page H562 a unit of the National Park System (H. Rept. Commission on Civil Rights—Appointment: The 110–506, Pt. 1). Chair announced the Speaker’s appointment of the Reports were filed today as follows: following member on the part of the House of Rep- H. Res. 955, waiving a requirement of clause 6(a) resentatives to the Commission on Civil Rights to of Rule XIII with respect to consideration of certain fill the existing vacancy thereon and effective Feb- resolutions reported from the Committee on Rules ruary 12, 2008, the Speaker’s reappointment of the (H. Rept. 110–522) and H. Res. 956, providing for same member to a six-year term expiring February consideration of the bill (H.R. 4137) to amend and 11, 2014: Mr. Todd Gaziano of Falls Church, Vir- extend the Higher Education Act of 1965 (H. Rept. ginia. Page H562 110–523). Page H620

VerDate Aug 31 2005 04:49 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE8.REC D06FEPT1 bajohnson on PROD1PC77 with DIGEST D92 CONGRESSIONAL RECORD — DAILY DIGEST February 6, 2008 Suspensions: The House agreed to suspend the rules Recess: The House recessed at 5:07 p.m. and recon- and pass the following measures: vened at 6:30 p.m. Page H591 Recognizing the 50th Anniversary of the Na- Suspensions—Proceedings Postponed: The House tional Academy of Recording Arts & Sciences: debated the following measures under suspension of H. Con. Res. 273, to recognize the 50th Anniversary the rules. Further proceedings were postponed until of the National Academy of Recording Arts & Thursday, February 7th: Sciences; Pages H564–65 Calling for a peaceful resolution to the current Commending the Houston Dynamo soccer team electoral crisis in Kenya: H. Con. Res. 283, for winning the 2007 Major League Soccer Cup: amended, to call for a peaceful resolution to the cur- H. Res. 867, to commend the Houston Dynamo soc- rent electoral crisis in Kenya; Pages H576–80 cer team for winning the 2007 Major League Soccer Congratulating Lee Myung-Bak on his election to Cup, by a 2⁄3 yea-and-nay vote of 373 yeas with none voting ‘‘nay’’, Roll No. 29; the Presidency of the Republic of Korea and Pages H565–66, H591–92 wishing him well during his time of transition and his inauguration on February 25, 2008: H. Recognizing the significance of Black History Res. 947, to congratulate Lee Myung-Bak on his Month: H. Res. 942, to recognize the significance 2 election to the Presidency of the Republic of Korea of Black History Month, by a ⁄3 yea-and-nay vote and wishing him well during his time of transition of 367 yeas with none voting ‘‘nay’’, Roll No. 30; and his inauguration on February 25, 2008; and Pages H566–70, H592–93 Pages H580–83 Expressing support for designation of February Extending for one year parity in the application 17, 2008, as ‘‘Race Day in America’’ and high- of certain limits to mental health benefits: H.R. lighting the 50th running of the Daytona 500: H. Res. 931, to express support for designation of Feb- 4848, amended, to extend for one year parity in the ruary 17, 2008, as ‘‘Race Day in America’’ and to application of certain limits to mental health bene- highlight the 50th running of the Daytona 500; fits. Pages H583–88 Pages H570–71 Presidential Messages: Read a message from the Remembering the space shuttle Challenger dis- President wherein he transmitted to Congress the aster and honoring its crew members, who lost Budget of the Federal Government for Fiscal Year their lives on January 28, 1986: H. Res. 943, to 2009—referred to the Committee on Appropriations remember the space shuttle Challenger disaster and and ordered printed (H. Doc. 110–84). Page H563 to honor its crew members, who lost their lives on Read a message from the President wherein he no- January 28, 1986, by a 2⁄3 yea-and-nay vote of 371 tified Congress of the continuation of the national yeas with none voting ‘‘nay’’, Roll No. 31; emergency with respect to the Government of Cuba’s Pages H571–73 H593 destruction of two unarmed U.S.-registered civilian Celebrating the 50th anniversary of the United aircraft in international airspace north of Cuba on States Explorer I satellite, the world’s first sci- February 24, 1996 is to continue in effect beyond entific spacecraft, and the birth of the United March 1, 2008—referred to the Committee on For- States space exploration program: H. Con. Res. eign Affairs and ordered printed (H. Doc. 110–93). 287, to celebrate the 50th anniversary of the United Page H591 States Explorer I satellite, the world’s first scientific Senate Messages: Messages received from the Senate spacecraft, and the birth of the United States space by the Clerk and subsequently presented to the exploration program; Pages H573–75 House today appear on page H617. Congratulating the X PRIZE Foundation’s lead- Senate Referrals: S. 550 was referred to the Com- ership in inspiring a new generation of viable, mittee on Oversight and Government Reform; S. J. super-efficient vehicles: H. Res. 907, amended, to Res. 25 and S. 2571 were held at the desk. congratulate the X PRIZE Foundation’s leadership Page H617 in inspiring a new generation of viable, super-effi- Quorum Calls Votes: Three yea-and-nay votes de- cient vehicle; and Pages H575–76 veloped during the proceedings of today and appear Do-Not-Call Registry Fee Extension Act of 2007: on pages H591–92, H592, H593. There were no S. 781, to extend the authority of the Federal Trade quorum calls. Commission to collect Do-Not-Call Registry fees to fiscal years after fiscal year 2007—clearing the meas- Adjournment: The House met at 2 p.m. and ad- ure for the President. Pages H588–91 journed at 10:45 p.m.

VerDate Aug 31 2005 04:49 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D06FE8.REC D06FEPT1 bajohnson on PROD1PC77 with DIGEST February 6, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D93 Program for Thursday: Consideration of H.R. R. Lambert, Romulus; and Kwame Kilpatrick, De- 4137—College Opportunity and Affordability Act troit; and public witnesses. (Subject to a Rule). SAME DAY CONSIDERATION OF RESOLUTIONS REPORTED BY THE RULES Committee Meetings COMMITTEE F–15 AIRCRAFT; WORLD-WIDE THREAT Committee on Rules: Granted, by voice vote, a rule waiving clause 6(a) of rule XIII with respect to con- Committee on Appropriations: Subcommittee on Defense sideration of certain resolutions reported from the met in executive session to hold a hearing on F–15 Committee on Rules. Aircraft. Testimony was heard from the following of- The rule provides that the requirement of clause ficials of the Department of the Air Force: GEN T. 6(a) of rule XIII for a two-thirds vote to consider a Michael Moseley, USAF, Chief of Staff; and GEN report from the Committee on Rules on the same John D.W. Corley, USAF, Commander, Air Combat day it is presented to the House is waived with re- Command. spect to any rule reported on the legislative day of The Subcommittee also met in executive session Thursday, February 7, 2008, relating to a bill to to hold a briefing on World-Wide Threat. The Sub- provide economic stimulus. committee was briefed by J. Michael McConnell, Di- rector, Office of the Director of National Intel- COLLEGE OPPORTUNITY AND ligence; and Michael V. Hayden, Director, CIA. AFFORDABILITY ACT OF 2007 Committee on Rules: Granted, by voice vote, a struc- NATIONAL DEFENSE BUDGET REQUEST tured rule providing one hour of general debate on Committee on Armed Services: Held a hearing on Fiscal H.R. 4137, College Opportunity and Affordability Year 2009 National Defense Budget Request from Act of 2007, equally divided and controlled by the the Department of Defense. Testimony was heard chairman and ranking minority member of the Com- from the following officials of the Department of mittee on Education and Labor. The rule waives all Defense: Robert M. Gates, Secretary; and ADM Mi- points of order against consideration of the bill ex- chael G. Mullen, USN, Chairman, Joint Chiefs of cept clauses 9 and 10 of rule XXI. The rule provides Staff. that the amendment in the nature of a substitute recommended by the Committee on Education and KENYA—POLITICAL CRISIS Labor now printed in the bill shall be considered as Committee on Foreign Affairs, Subcommittee on Africa an original bill for the purpose of amendment and and Global Health held a hearing on the Political shall be considered as read. The rule waives all Crisis in Kenya: A Call for Justice and Peaceful Res- points of order against the amendment in the nature olution. Testimony was heard from the following of- of a substitute except for clause 10 of rule XXI. ficials of the Department of State: James C. Sawn, The rule makes in order only those amendments Deputy Assistant Secretary, Bureau of African Af- printed in the Rules Committee report and the fairs; and Gregory Gottlieb, Deputy Assistant Ad- amendments en bloc. The amendments made in ministrator, Bureau for Democracy, Conflict, and order may be offered only in the order printed in the Humanitarian Assistance, U.S. Agency for Inter- report, may be offered only by a Member designated national Development; Mia Farrow, Goodwill Am- in the report, shall be considered as read, shall be bassador, United Nations Children’s Fund; and pub- debatable for the time specified in the report equally lic witnesses. divided and controlled by the proponent and an op- ponent, shall not be subject to amendment, and shall INDIAN LAND CLAIMS MEASURES not be subject to a demand for a division of the Committee on Natural Resources: Held a hearing on the question in the House or in the Committee of the following bills: H.R. 2176, To provide for and ap- Whole. All points of order against the amendments prove the settlement of certain land claims of the except for clauses 9 and 10 of rule XXI are waived. Bay Mills Indian Community; and H.R. 4115, To The rule also permits the chairman of the Com- provide for and approve the settlement of certain mittee on Education and Labor or his designee to land claims of the Sault Ste. Marie Tribe of Chip- offer amendments en bloc consisting of those amend- pewa Indians. Testimony was heard from Representa- ments that have been printed in this report and not tives Dingell, Stupak, Kilpatrick, Rogers of Michi- earlier disposed of. The rule provides one motion to gan, Miller of Michigan, Conyers, Berkley and recommit with or without instructions. The rule Thompson of Mississippi; Carl Artman, Assistant provides that, notwithstanding the operation of the Secretary, Bureau of Indian Affairs, Department of previous question, the Chair may postpone further the Interior; the following Mayors of Michigan: Alan consideration of the bill to a time designated by the

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NEW PUBLIC LAWS Committee on the Judiciary: to hold hearings to examine (For last listing of Public Laws, see DAILY DIGEST, p. D79) the Founding Fathers papers, focusing on ensuring public H.R. 3432, to establish the Commission on the access to our national treasures, 10 a.m., SD–226. Abolition of the Transatlantic Slave Trade. Signed on Select Committee on Intelligence: closed business meeting February 5, 2008. (Public Law 110–183) to consider pending calendar business, 2:30 p.m., H.R. 2110, to amend the Internal Revenue Code SH–219. of 1986 to provide for tax exempt qualified small House issue bonds to finance agricultural processing prop- Committee on Agriculture, Subcommittee on Livestock, erty. Signed on February 6, 2008. (Public Law Dairy, and Poultry, hearing to review the National Vet- 110–184) erinary Medical Service Act, 10:30 a.m., 1300 Long- f worth. Committee on Appropriations, Subcommittee on Defense, COMMITTEE MEETINGS FOR THURSDAY, executive, on DOD Force Health Protection, 1:30 p.m., FEBRUARY 7, 2008 and, executive, on Surgeon Generals of the Services, 2:30 (Committee meetings are open unless otherwise indicated) p.m., H–140 Capitol. Subcommittee on Interior, Environment, and Related Senate Agencies, on Department of Interior, Overview with the Committee on Armed Services: to hold hearings to examine Secretary, 10 a.m., B–308 Rayburn. the final report of the Commission on the National Subcommittee on Legislative Branch, on Capitol Vis- Guard and Reserves, 9:30 a.m., SD–106. itor Center, 10 a.m., 2362–A Rayburn. Subcommittee on Readiness and Management Support, Subcommittee on Military Construction, Veterans Af- to hold hearings to examine business transformation and fairs, and Related Agencies, on Quality of Life, 2 p.m., financial management at the Department of Defense, 2:30 H–143 Capitol. p.m., SR–222. Subcommittee on Transportation, and Housing and Committee on Banking, Housing, and Urban Affairs: to Urban Development, and Related Agencies, on Depart- hold hearings to examine ways to reform the regulation ment of Transportation Fiscal Year Budget Request, 1 of government sponsored enterprises, 10 a.m., SD–538. p.m., 2359 Rayburn. Committee on Commerce, Science, and Transportation: to Committee on Armed Services, Subcommittee on Military hold hearings to examine the nominations of Robert A. Personnel, hearing on beneficiary advocacy overview, 3 Sturgell, of Maryland, to be Administrator of the Federal p.m., 2212 Rayburn. Aviation Administration, and Simon Charles Gros, of Committee on the Budget, hearing on the President’s Fis- New Jersey, to be an Assistant Secretary for Govern- cal Year 2009 Budget, 11 a.m., 210 Cannon. mental Affairs, both of the Department of Transportation, Committee on Energy and Commerce, hearing entitled ‘‘De- 10 a.m., SR–253. partment of Energy’s Fiscal Year 2009 Budget Proposal,’’ Committee on Energy and Natural Resources: to hold an 10 a.m., 2123 Rayburn. oversight hearing to examine the energy market effects of Committee on Financial Services, hearing entitled ‘‘The the recently-passed renewable fuel standard, 9:30 a.m., Holocaust Insurance Accountability Act of 2007 (H.R. SD–366. 1746): Holocaust Era Insurance Restitution After Committee on Finance: to hold hearings to examine sell- ICHEIC, the International Commission on Holocaust Era ing to seniors, focusing on the need for accountability Insurance Claims,’’ 9:30 a.m., 2128 Rayburn. and oversight of marketing and sales by Medicare private Subcommittee on Oversight and Investigations, hearing plans, 10 a.m., SD–215. entitled ‘‘Diversity in the Financial Services Sector,’’ 2:30 Committee on Foreign Relations: Subcommittee on African p.m., 2128 Rayburn. Affairs, to hold hearings to examine the immediate and Committee on Foreign Affairs, Subcommittee on Western underlying causes and consequences of Kenya’s flawed Hemisphere, hearing on U.S. Obligations under the election, 9:30 a.m., SD–419. Merida Initiative, 10 a.m., 2212 Rayburn. Full Committee, to hold hearings to examine the Committee on Homeland Security, Subcommittee on nominations of Hector E. Morales, of Texas, to be Perma- Emerging Threats, Cybersecurity, and Science and Tech- nent Representative of the United States of America to nology, hearing entitled ‘‘Other Transaction Authority: the Organization of American States, with the rank of Flexibility at the Expense of Accountability?’’ 2 p.m., Ambassador, Department of State, Larry Woodrow 311 Cannon.

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Committee on the Judiciary, oversight hearing on the De- Subcommittee on Water Resources and Environment, partment of Justice, 11 a.m., 2141 Rayburn. hearing on Agency Budgets and Priorities for Fiscal Year Committee on Science and Technology, Subcommittee on 2009, 2 p.m., 2167 Rayburn. Research and Science Education, hearing on Visas for For- Committee on Veterans’ Affairs, hearing on the Depart- eign Scholars and Students, 2 p.m., 2318 Rayburn. ment of Veterans Affairs Budget Request for Fiscal Year Subcommittee on Technology and Innovation, to mark 2009, 1 p.m., 334 Cannon. up the following bills: H.R. 3916, To provide for the Committee on Ways and Means, hearing on President next generation of border and maritime security tech- Bush’s budget proposals for fiscal year 2009, 9:30 a.m., nologies; H.R. 4847, United States Fire Administration 1100 Longworth. Reauthorization Act of 2007; and H.R. 5161, Green Permanent Select Committee on Intelligence, hearing on Transportation Infrastructure Research and Technology World Wide Threats, 10 a.m., 2118 Rayburn. Transfer Act, 10 a.m., 2318 Rayburn. Committee on Small Business, hearing entitled ‘‘The Small Joint Meetings Business Administration’s Budget for Fiscal Year 2009, 10 a.m., 2360 Rayburn. Commission on Security and Cooperation in Europe: to Committee on Transportation and Infrastructure, Sub- continue hearings to examine anti-Semitism in the Orga- committee on Aviation, hearing on the President’s Fiscal nization for Security and Co-operation in Europe (OSCE) Year 2009 Federal Aviation Administration Budget, 10 region, 2:30 p.m., SD–406. a.m., 2167 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, February 7 10 a.m., Thursday, February 7

Senate Chamber House Chamber Program for Thursday: Senate Majority Leader will be Program for Thursday: Consideration of H.R. 4137— recognized. College Opportunity and Affordability Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E117, E119 Nunes, Devin, Calif., E122 Green, Al, Tex., E120 Reynolds, Thomas M., N.Y., E117, E119 Baca, Joe, Calif., E127 Hensarling, Jeb, Tex., E127 Roskam, Peter J., Ill., E118 Berman, Howard L., Calif., E118 Higgins, Brian, N.Y., E123 Roybal-Allard, Lucille, Calif., E129 Brady, Robert A., Pa., E121 Hill, Baron P., Ind., E121 Sessions, Pete, Tex., E123 Carter, John R., Tex., E122 Johnson, Eddie Bernice, Tex., E120 Castle, Michael N., Del., E120 Kirk, Mark Steven, Ill., E125 Sestak, Joe, Pa., E123 Coble, Howard, N.C., E129 Langevin, James R., R.I., E125 Shimkus, John, Ill., E122 Costello, Jerry F., Ill., E124 Latta, Robert E., Ohio, E123 Simpson, Michael K., Idaho, E118 Davis, David, Tenn., E127 Lee, Barbara, Calif., E117, E119 Thompson, Mike, Calif., E121 Davis, Geoff, Ky., E128 Lofgren, Zoe, Calif., E127 Udall, Mark, Colo., E126, E128 Diaz-Balart, Lincoln, Fla., E127 McCotter, Thaddeus G., Mich., E117 Udall, Tom, N.M., E122 Feeney, Tom, Fla., E117, E119 McDermott, Jim, Wash., E124 Van Hollen, Chris, Md., E121 Franks, Trent, Ariz., E128 Marchant, Kenny, Tex., E124 Whitfield, Ed, Ky., E122 Gillibrand, Kirsten E., N.Y., E118 Mitchell, Harry E., Ariz., E124

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