Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION

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, MONDAY, FEBRUARY 25, 2008 No. 30 House of Representatives The House met at 4 p.m. I pledge allegiance to the Flag of the the way of fighting radical terrorists. The Chaplain, the Reverend Daniel P. United States of America, and to the Repub- This bill has broad bipartisan support, Coughlin, offered the following prayer: lic for which it stands, one nation under God, and refusing to allow it to come up for Lord God, in today’s world of com- indivisible, with liberty and justice for all. a vote amounts to putting the so-called puter communication and wireless f civil liberties of terrorists before the transactions, time itself may seem rel- PROTECT AMERICA ACT MUST BE safety of all Americans. ative or irrelevant. But there are those MADE PERMANENT who know, be they actors or politi- f cians, that the art of timing is the key (Ms. FOXX asked and was given permission to address the House for 1 to their success. THOU SHALT NOT FLIRT Lord, help the Members of Congress minute.) and all who work on Capitol Hill make Ms. FOXX. Madam Speaker, it has (Mr. POE asked and was given per- the most of the time given them. Some been more than a week since the House mission to address the House for 1 break new ground; others simply plant left town without voting on critical in- minute.) the seed; others only nurture the pro- telligence legislation. This bipartisan Mr. POE. Mr. Speaker, the Saudi gressive growth; and still others are legislation would have permanently Arabian religious police will arrest its there only to bind up the harvest. Yet fixed the Foreign Intelligence Surveil- citizens for a multitude of ‘‘sins.’’ Last all rejoice in the final product, even if lance Act, FISA, and enabled our intel- week, the religious police arrested 57 they only added to what others did be- ligence community to monitor effec- Arabian men in front of a mall in fore them. May everyone find satisfac- tively foreign terrorists in electronic Mecca for, get this, the crime of flirt- tion in that small portion each one is communications. ing. The 57 men were dancing to pop required to do, which contributes to A 6-month fix to FISA, the Protect music and not wearing traditional the whole. America Act, expired on February 17. clothing. The religious police arrested In the end, Lord, let all rejoice to- It had allowed our intelligence agen- them and refused to release the men gether in the common effort to protect, cies to monitor foreign terrorists’ elec- unless they can prove they did not flirt defend, and guide the establishment of tronic communications on foreign soil with women. So much for innocent till laws and policies that are best for this without time-consuming court orders. proven guilty. Nation. Then, to You, Lord God, there But the House refused to take up the This is yet another example of when will be thanks and praise because You bill that passed the Senate with broad civil governments use their state reli- glory in the work and the workers who bipartisan support by a vote of 68–29. gion of Islam to put their own citizens accomplished Your holy will for the More than 20 Democrats voted in favor in jail for religious activity. of this legislation to make the Protect moment and forever. The powerful religious police make Amen. America Act permanent. By refusing to consider this legislation, the House is sure that women are covered up, that f embarking on an act of reckless irre- they don’t wear makeup, that the sexes THE JOURNAL sponsibility. don’t mingle, and that the stores close five times a day for Muslim prayers, The SPEAKER. The Chair has exam- America cannot afford to hit pause and that men worship at the mosque. ined the Journal of the last day’s pro- on our surveillance of foreign terror- ceedings and announces to the House ists. Now that the Protect America Act Earlier this month, Saudi Arabia her approval thereof. has expired, our intelligence commu- banned the sale of red roses and other Pursuant to clause 1, rule I, the Jour- nity faces cumbersome bureaucratic symbols that marked Valentine’s Day nal stands approved. hurdles to monitoring the communica- because they are connected with a Christian holiday. Saudi Arabia cer- f tion of suspected foreign terrorists. This paper-pushing approach takes pre- tainly cannot allow any religious dis- PLEDGE OF ALLEGIANCE cious time, which could mean the dif- sension in their country. Saudi Arabia The SPEAKER. Will the gentleman ference in thwarting the terrorists’ expects other countries to be tolerant from Connecticut (Mr. COURTNEY) come plans or even protecting the lives of of Islam but is intolerant of all reli- forward and lead the House in the our troops. gions except its own. I wonder if hypoc- Pledge of Allegiance. We must pass this bill now. The votes risy is a violation of the Islam reli- Mr. COURTNEY led the Pledge of Al- are there. Not acting endangers our gion? legiance as follows: Nation’s security and puts barriers in And that’s just the way it is.

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.

H1005

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1006 CONGRESSIONAL RECORD — HOUSE February 25, 2008 COMMUNICATION FROM THE working with families, teachers, principals, demic self-concept and their feelings of CLERK OF THE HOUSE community agencies, and other entities to competence. School social workers address the emotional, physical, and envi- The SPEAKER pro tempore (Mr. help students build their confidence as ronmental needs so that students may learners. ROSS) laid before the House the fol- achieve behavioral and academic success; lowing communication from the Clerk Whereas to achieve the goals of the No In middle school, many new chal- of the House of Representatives: Child Left Behind Act of 2001 of help for all lenges arise. During this passage from children in reaching their optimal potential childhood to adolescence, middle OFFICE OF THE CLERK, and achievement, including those with seri- school students are characterized by a HOUSE OF REPRESENTATIVES, Washington, DC, February 21, 2008. ous emotional disturbances, schools must need to explore a variety of interests work to remove the emotional, behavioral, Hon. NANCY PELOSI, connecting their learning into the Speaker, House of Representatives, and academic barriers that interfere with classroom to its practical application Washington, DC. student success in school; in life. For these students, school so- Whereas fewer than 1 in 5 of the 17,500,000 DEAR MADAM SPEAKER: Pursuant to the cial workers provide proactive leader- permission granted in Clause 2(h) of Rule II children in need of mental health services actually receive these services, and the ship that engage all stakeholders in of the Rules of the U.S. House of Representa- the delivery of programs and services tives, the Clerk received the following mes- President’s New Freedom Commission on sage from the Secretary of the Senate on Mental Health indicates that school mental to help students navigate the chal- February 21, 2008, at 1:08 p.m.: health programs improve educational out- lenges and achieve success. That the Senate agreed to the conference comes by decreasing absences, decreasing And in high school, students begin report accompanying the bill: H.R. 2082. discipline referrals, and improving academic separating from parents and exploring With best wishes, I am achievement; and defining their independence. They Sincerely, Whereas school mental health programs face increased pressure regarding risk are critical to early identification of mental LORRAINE C. MILLER, behaviors involving sex, alcohol, and Clerk of the House. health problems and in the provision of appropriate services when needed; drugs, while exploring the boundaries f Whereas the national average ratio of stu- of the more acceptable behavior and dents to school social workers recommended mature, meaningful relationships. ANNOUNCEMENT BY THE SPEAKER by the School Social Work Association of School social workers help make them PRO TEMPORE America is 400 to 1; and concrete and compounded decisions. The SPEAKER pro tempore. Pursu- Whereas the celebration of ‘‘School Social On top of this, school social workers ant to clause 8 of rule XX, the Chair Work Week’’ highlights the awareness of the must be responsive to the range of will postpone further proceedings vital role school social workers play in the lives of students in the United States: Now, challenges that young people face today on motions to suspend the rules therefore, be it every day such as poverty, disability, on which a recorded vote or the yeas Resolved, That the House of Representa- discrimination, abuse, addiction, bul- and nays are ordered, or on which the tives— lying, divorce of parents, loss of a loved vote is objected to under clause 6 of (1) honors and recognizes the contributions one, and other barriers to learning. rule XX. of school social workers to the success of School social workers are also on the Record votes on postponed questions students in schools across the Nation; and front lines when disaster strikes, such will be taken after 6:30 p.m. today. (2) encourages the people of the United as the Southern California wildfires or States to observe ‘‘School Social Work f Week’’ with appropriate ceremonies and ac- Hurricane Katrina, as well as other tivities that promote awareness of the vital traumatic incidents such as the atroc- SCHOOL SOCIAL WORK WEEK role of school social workers in schools, and ities on 9/11. There is a documentation Mr. COURTNEY. Mr. Speaker, I move the community as a whole, in helping stu- of the growing need for school districts to suspend the rules and agree to the dents prepare for their future as productive to expand mental and student support resolution (H. Res. 978) expressing sup- citizens. services in schools. The numbers indi- port for the designation of the week of The SPEAKER pro tempore. Pursu- cate that only 1 in 5 of the 17,500,000 March 3–7, 2008, as ‘‘School Social ant to the rule, the gentleman from children in need of mental health actu- Work Week’’ to promote awareness of Connecticut (Mr. COURTNEY) and the ally received those services. the vital role of school social workers gentleman from Utah (Mr. BISHOP) Many students go underserved pri- in schools, and in the community as a each will control 20 minutes. marily because the national average whole, in helping students prepare for The Chair recognizes the gentleman ratio of student-to-school social work- their future as productive citizens. from Connecticut. ers is far beneath the 400–1 ratio rec- The Clerk read the title of the resolu- GENERAL LEAVE ommended by the School Social Work tion. Mr. COURTNEY. Mr. Speaker, I re- Association of America. The text of the resolution is as fol- quest 5 legislative days during which Mr. Speaker, this resolution serves to lows: Members may insert material relevant recognize the treasure that is the school social worker and acknowledge H. RES. 978 to H. Res. 978 into the RECORD. The SPEAKER pro tempore. Is there the priceless role that they play in Whereas the School Social Work Associa- tion of America declared the week of March objection to the request of the gen- guiding our students’ success in the 3–7, 2008, ‘‘School Social Work Week’’; tleman from Connecticut? ever-changing world of the 21st cen- Whereas the House of Representatives rec- There was no objection. tury. ognized the importance of school social work Mr. COURTNEY. Mr. Speaker, I yield I urge my colleagues to resoundingly through the inclusion of school social work myself such time as I may consume. pass this resolution. programs in the current authorization of the (Mr. COURTNEY asked and was Mr. Speaker, I reserve the balance of Elementary and Secondary Education Act of given permission to revise and extend my time. 1965 and the Individuals with Disabilities his remarks.) Mr. BISHOP of Utah. Mr. Speaker, I Education Act; Mr. COURTNEY. Mr. Speaker, I rise yield myself such time as I may con- Whereas school social workers serve as vital members of a school’s educational today in support of H. Res. 978, a reso- sume. team, playing a central role in creating part- lution to recognize the week of March I rise today to support H. Res. 978, nerships between the home, school, and com- 3–7 as National School Social Worker which expresses the support for the munity, to ensure student academic success; Week. designation of the week of March 3–7 of Whereas school social workers are espe- School social workers have long this year as the School Social Work cially skilled in providing services to stu- played a critical role in schools in the Week. And it will promote the aware- dents who face serious challenges to school community as a whole. They are pro- ness of the vital role of school social success, including poverty, disability, dis- fessionals with training in social men- workers in schools, and in the commu- crimination, abuse, addiction, bullying, di- tal health intervention who work with nity as the whole, where they help stu- vorce of parents, loss of a loved one, and other barriers to learning; youth to address their emotional, so- dents to prepare for their future as pro- Whereas there is a growing need for school cial, and developmental needs. For ex- ductive citizens. districts to offer the mental health services ample, students in elementary school From time to time, students face cer- that school social workers provide when are just beginning to develop their aca- tain challenges to achieving academic

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1007 success. The emotional, social, and be- improve their parenting skills, understand spe- The Texas School Social Worker of the havioral problems can be serious im- cial education services, and access school Year Award went to James Montoya of pediments to learning and can have a and community services related to their child’s Nacogdoches Independent School District. Mr. deleterious effect not just on the indi- needs. Montoya has been a social worker for over 30 vidual student, but on others in the Services provided by school social workers years, with the last 8 as a school social work- school setting. Schools, families, com- strengthen the ability of children to learn and er. For the past 5 years, he has produced and munities must work collaboratively to to improve their futures. hosted a local television show, ‘‘La Conexion assist students to achieve the positive It is a shame that fewer than 1 in 5 of the Hispana.’’ This production highlights resources academic and behavioral outcomes. 17 million children in need of mental health in the community, features school personnel School social work service provides a services actually receive them. Improved and and Hispanic leaders who model and encour- comprehensive approach to meeting expanded school mental health programs age students to stay in school, and provides the needs of students through early would help to provide these services. The Mr. Montoya with an opportunity to reach out identification, prevention, interven- kinds of services that so many students des- and ‘‘touch’’ many families throughout the re- tion, counseling, as well as support. perately need are precisely the type of serv- gion. He is the first social worker to serve in And school social workers are trained, ices that school social workers can provide. this capacity and this is the first Spanish pro- qualified professionals who meet the That is why I am proud to be the sponsor gram of its kind to be offered in the region. In State requirements to practice social of this resolution. I would like to thank the August 2005, following Hurricane Katrina, Mr. work specifically in a school setting. chairman and ranking member of the House Montoya was instrumental in registering over They provide direct services to stu- Education and Labor Committee for allowing 800 displaced students into the school district. dents who experience academic and so- this resolution to come to the floor, and I urge His efforts included working in the shelters cial difficulties. They develop relation- all of my colleagues to support it. and providing translation services to those in ships that bolster self-esteem, reward Ms. JACKSON-LEE of Texas. Mr. Speaker, need. I would like to congratulate him and the positive behavior. School social work- I rise today to express my support of House many school social workers like him, for all the ers support teachers by offering op- Resolution 978, designating March 3–7, 2008, work they have done and continue to do for tions for addressing student needs and as ‘‘School Social Work Week’’ introduced by our children, our communities, and our coun- by participating in the student support my distinguished colleague from Rhode Island, try. team. School social workers work with Representative PATRICK KENNEDY. This impor- As a member of the Children’s Caucus, I families and communities, coordinate tant legislation recognizes and celebrates the am proud to support House Resolution 978 services to the students as well as to many contributions of school social workers in and I urge my colleagues to join me in sup- the family. our schools, communities, and government porting this important piece of legislation. According to the National Mental agencies. Mr. COURTNEY. Mr. Speaker, I yield Health Association, there are between Social work is a relatively young profession back the balance of my time. 17 and 18 million children who are in with roots in the social reform movements, The SPEAKER pro tempore. The need of mental health services, and self-help societies, and social service organi- question is on the motion offered by those are just the ones I taught in my zations which formed in the latter half of the the gentleman from Connecticut (Mr. classes. These workers address those 19th century to provide assistance to the COURTNEY) that the House suspend the particular needs. School social workers needy and oppressed. Today, social workers rules and agree to the resolution, H. help students who otherwise might not are committed to serving culturally diverse Res. 978. receive services due to inaccessibility populations and the oppressed, promoting so- The question was taken. or lack of availability of services. cial justice, providing leadership in social pol- The SPEAKER pro tempore. In the So I commend these dedicated profes- icy formulation and implementation, and ad- opinion of the Chair, two-thirds being sionals for the service they provide, vancing the knowledge base of the profession. in the affirmative, the ayes have it. and I ask my colleagues also to support School social work is a specialized area of Mr. COURTNEY. Mr. Speaker, on this resolution which would identify practice within the broad field of the social that I demand the yeas and nays. School Social Work Week this coming work profession that works directly with chil- The yeas and nays were ordered. March. dren, families, schools, and the community at- The SPEAKER pro tempore. Pursu- With that, Mr. Speaker, I yield back large. ant to clause 8 of rule XX and the the balance of my time. School social workers bring unique knowl- Chair’s prior announcement, further Mr. COURTNEY. I would just say in edge and skills to the school system and the proceedings on this motion will be conclusion, Mr. Speaker, I would join student services team. School social workers postponed. the gentleman from Utah in support of enhance the school district’s ability to meet its this resolution which recognizes an im- academic mission, especially where home, f portant group in our country and sa- school and community collaboration is the key b 1615 lutes the work that they perform. And to achieving that mission. CAREER AND TECHNICAL I would urge all Members to support The position of school social workers in EDUCATION MONTH this resolution. local school systems has grown rapidly in the Mr. KENNEDY. Mr. Speaker, I rise today in last few years. As schools look at preparing Mr. COURTNEY. Mr. Speaker, I move support of House Resolution 978, supporting students both academically and socially, the to suspend the rules and agree to the ‘‘School Social Work Week.’’ role of the professionals working with students resolution (H. Res. 930) supporting the I introduced this resolution in order to recog- has expanded. Effective school social work goals and ideals of ‘‘Career and Tech- nize and support the critical, unsung work per- services contribute not only to a healthy nical Education Month,’’ as amended. formed by social workers in schools across school environment, but benefit society as a The Clerk read the title of the resolu- our country. whole. They provide crisis intervention, coun- tion. Each day across the country, school social seling services, and support; they link students The text of the resolution is as fol- workers can be found assisting educators to and families with school and community re- lows: understand family, cultural, and community sources; and they work with all school per- H. RES. 930 factors affecting students and meet the de- sonnel to help students succeed. Whereas there are over 15,000,000 secondary mands of providing quality educations for stu- Working one-on-one with a student or de- and postsecondary career and technical edu- dents of diverse backgrounds. signing group activities that reinforce success- cation students in the United States; Each day they can be found working with ful learning skills, school social workers create Whereas nationwide, there are over 10,000 administrators to design and implement effec- a team environment where everyone works for secondary high schools and career tech cen- tive prevention programs and policies that ad- the betterment of their students. Student suc- ters and over 9,000 postsecondary institu- dress school attendance, teen pregnancy, cess is heightened when families, teachers, tions offering career and technical education programs; school violence and school safety, child abuse and school social workers work collaboratively Whereas a competitive global economy re- and neglect, special education, and more. to provide positive school-home communica- quires workers trained in skilled professions; Each day school social workers can be tion. Earlier this month, Texas held its Seven- Whereas career and technical education found working with parents so that they may teenth Annual School of Social Work Con- plays a crucial role in preparing a well-edu- effectively participate in their child’s education, ference. cated and skilled workforce in America;

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1008 CONGRESSIONAL RECORD — HOUSE February 25, 2008 Whereas career and technical education Fairfax, Virginia, high school strives and ideals of Career and Technical prepares students for all of the 20 fastest to expose students to various career Education Month. growing occupations identified by the U.S. paths through a full line of technical Eighty-five years after the passage of Department of Labor; and professional courses. Classes in the first piece of Federal vocational Whereas according to the U.S. Chamber of Commerce, nearly 75 percent of employers business management, auto services, education legislation, career and tech- report severe conditions when trying to hire criminal justice, and culinary arts are nical education continues to evolve qualified workers and 40 percent say that ap- bolstered through business partner- from its original and sole focus of pre- plicants are poorly skilled; ships with companies such as Micro- paring students for work immediately Whereas students taking career and tech- soft, Sheridan Hotels, and Ford Motor following high school. nical education courses have higher grade Company. Career and technical pro- Today, the goal of career and tech- point averages in college, are less likely to grams like these are responsive to the nical education is to empower students drop out in high school and college, and have business needs of the community and to participate effectively in an inter- better employment and earnings outcomes set students on a successful path for national economy. Career and tech- than other students; Whereas, in 2006, Congress reauthorized the future. These programs can be nical education programs contribute to with bipartisan support the Carl D. Perkins found throughout communities across broad educational achievements of stu- Career and Technical Education Act, which the country and are integral to ensur- dents. These programs may include provides states with Federal resources to ing America’s place in the global econ- classes in basic skills, but also higher support career and technical education pro- omy through the integration of level skills, such as the ability to uti- grams; and science, math, and literacy in tech- lize technology, the ability to think Whereas the Association for Career and nical course work. creatively, solve problems, and the Technical Education has designated Feb- The success of CTE can be seen in the ability to work independently and as ruary as ‘‘Career and Technical Education data that we have in students who par- part of a team. Month’’ to celebrate career and technical ticipate in CTE courses. We know that education across the country: Now, there- Career and technical education is of- fore, be it students who take career and technical fered in middle school, high school, 2- Resolved, That the United States House of education courses are more likely to year community and technical col- Representatives— stay in school and, while there, obtain leges, as well as other post-secondary (1) supports the goals and ideals of Career higher grade point averages than their schools. And career and technical edu- and Technical Education month; peers. And we also know that when a cation is designed to prepare high (2) recognizes the importance of career and course combines rigorous academic technical education in preparing a well-edu- school students to transition success- content with technical subject matter, fully to post-secondary education. It is cated and skilled workforce in America; and students are encouraged to actively en- (3) encourages educators, counselors, and also designed to help college students administrators to promote career and tech- gage with their studies. acquire the skills and knowledge that nical education as an option to students. Additionally, career and technical are needed to find gainful employment. The SPEAKER pro tempore. Pursu- education programs are an effective And it is designed to help workers ac- ant to the rule, the gentleman from means of linking high schools with quire job skills in new fields or to re- community colleges. These links intro- Connecticut (Mr. COURTNEY) and the fresh skills in their existing career duce students to future learning oppor- gentleman from Utah (Mr. BISHOP) path. each will control 20 minutes. tunities and ease the transition to a According to the U.S. Bureau of The Chair recognizes the gentleman post-secondary education. Labor Statistics, 18 of the 20 fastest Lastly, programs such as these help from Connecticut. growing occupations within the next foster a highly educated and skilled GENERAL LEAVE decade will require career and tech- workforce through internships, job Mr. COURTNEY. Mr. Speaker, I re- nical education. And according to the shadowing, and other cooperative work quest 5 legislative days during which U.S. Chamber of Commerce, 40 percent experiences. These courses provide a Members may insert material relevant of employers report that job applicants foundation of skills that prepare stu- to H. Res. 930 into the RECORD. need better skills in this area. dents for gainful employment in the The SPEAKER pro tempore. Is there Career and technical education pro- United States. objection to the request of the gen- grams are an integral part of the public tleman from Connecticut? Studies have shown that students who participate in career and technical education system and are designed to There was no objection. educate for careers. Career and tech- Mr. COURTNEY. Mr. Speaker, I yield education programs have better employment opportunities and earn more nical education prepares students for myself such time as I may consume. more than just a good-paying job; it is (Mr. COURTNEY asked and was than their general education counter- the beginning of a career path. And in given permission to revise and extend parts. today’s workforce and economy, it is his remarks.) I am encouraged by the many gains Mr. COURTNEY. Mr. Speaker, I rise students have made through career and essential that students and workers re- today in support of House Resolution technical education programs and be- main life-long learners because the 930, which will designate February 2008 lieve that a skilled workforce is para- cutting edge skills don’t remain cut- as ‘‘Career and Technical Education mount when competing in a global ting edge for long. Access to formal Month’’ and recognize the important economy. In my district, there are four and informal training opportunities is role career and technical education CTE school programs and I think like critical to remain competitive. Career plays in the instruction of America’s all Members across the country, they and technical education programs are students. are extremely impressive institutions the solution for securing this type of Today, over 15 million students par- with great committed faculty and stu- training. ticipate in career and technical edu- dents who are totally motivated and Today’s career and technical education programs. Career and technical engaged in the special skills that they cation programs are increasingly in- education programs offer diverse have the opportunity to get a head corporating rigorous and challenging courses in subject areas that support start in terms of their future job academic content standards. They pro- the development of a competitive econ- growth and their job opportunities. vide a non-duplicative sequence of omy, and the courses are constantly Mr. Speaker, once again, I express courses leading to an industry-recog- evolving to meet the needs of the glob- my support for Career and Technical nized credential or certificate, or an al market. For example, the Cisco Net- Education Month, and I urge my col- associate or baccalaureate degree. working Academy has focused on giv- leagues to support this resolution. The programs of study offered ing students across the Nation hands- Mr. Speaker, I reserve the balance of through career and technical education on activities within its 18 programs to my time. are essential for our students and our prepare students for career opportuni- Mr. BISHOP of Utah. Mr. Speaker, I workforce. For these reasons I stand in ties in telecommunications and con- yield myself such time as I may con- support of Career and Technical Edu- tinuing their education. sume. cation Month. Another such institution is Marshall I rise today in support of House Reso- With that, I also thank the gen- Academy. This CTE program at this lution 930, which supports the goals tleman from Washington (Mr. BAIRD)

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1009 for introducing this bill. At some time tech courses, and they’re motivated, also like to thank my good colleagues I would hope he would answer whether enlightened and enthused. Indeed, I who spoke on this issue today. I look skiing is considered part of career and could well imagine a young person say- forward to working with them on technical education in his bill. And I ing they have no concern at all for issues relating to career and tech edu- ask my colleagues, in the bipartisan what the Pythagorean Theorem is; A cation, and I urge passage of this reso- spirit that permeates our committee, squared plus B squared equals C lution. to support this bill as well. squared doesn’t mean anything to Mr. BISHOP of Utah. Mr. Speaker, I Mr. Speaker, I reserve the balance of them until they realize that’s how you yield back the balance of my time. my time. frame a roof, and that suddenly has rel- Mr. SOUDER. Mr. Speaker, I rise today in Mr. COURTNEY. Mr. Speaker, I yield evance. support of H. Res. 930, and especially in sup- to the gentleman from Washington I believe the Federal Government port of Indiana Tech in Fort Wayne, Indiana. (Mr. BAIRD) as much time as he shall needs to focus more attention and re- In my district, Mr. Speaker, there is a huge consume. sources on career and technical edu- need for high-skilled workers, and Indiana Mr. BAIRD. I thank my friends and cation. The Federal Government funds Tech plays a critical role in helping our region colleagues from Connecticut and Utah. career and tech ed through the Perkins meet this demand. Each year Indiana Tech The reference was I had the privilege of Act, which is the primary source of provides thousands of students opportunities graduating from the University of Utah funding for career and technical edu- to ‘‘skill up,’’ so that they can better contribute where, to some degree, I majored in cation at the local level. Unfortu- to local employers and better provide for their skiing, and for me it was a career and nately, as we debate this resolution on families. technical path. the House floor, the administration has According to the U.S. Department of Labor, I am pleased to be here today to once again proposed eliminating fund- the top 20 fastest-growing occupations in our speak in support of H. Res. 930, a reso- ing for these programs. In fact, the country are supplied by career and technical lution introduced by myself and my Perkins grant program has not re- education. The U.S. Chamber of Commerce good friend from Pennsylvania, PHIL ceived a substantial increase in funding reports that nearly three-quarters of employers ENGLISH. since 2002. I am hopeful we will not The resolution supports the goals and struggle to hire qualified workers. Clearly the only honor career and technical edu- need for career and technical education is se- ideals of Career and Technical Edu- cation today, but work in the months cation Month, which we are celebrating vere, and we in Congress must do what we ahead to restore funding for these very can to encourage its growth. this month of February. This resolu- important programs. In northeast Indiana—as in the rest of the tion expresses the support of the House I want to applaud the Association for country—a high quality education is critical to of Representatives for the goals and Career and Technical Education for its obtaining a good, well-paying job. While north- ideals of Career and Technical Edu- efforts. I also want to recognize the east Indiana is still a manufacturing center of cation Month, recognizes the impor- more than 15 million students cur- the country, these jobs are becoming increas- tance of career and technical education rently involved in career and technical ingly more high-tech and require higher levels in preparing a well-educated and education in this country, and the of skills and training. Schools like Indiana skilled workforce, and encourages edu- more than 19,000 institutions that are Tech are helping prepare students for these cators, counselors, and administrators presently offering career and technical changes. to promote career and technical edu- education programs nationwide. cation as an option to students. Those folks who are studying and Mr. Speaker, as competition in our global Our country is currently facing a teaching in career and tech programs economy continues to grow more fierce, ca- growing problem of not having enough should know that they have friends and reer and technical education is essential to qualified workers to fill high-demand allies here in the Congress. In fact, last preparing a well-educated, skilled workforce. I jobs. Across the Nation, employers are year I joined my colleague from Penn- ask that my colleagues join with me in ex- facing difficulties in finding skilled sylvania in creating the Congressional pressing support for Indiana Tech and schools employees. Indeed, one survey showed Career and Technical Education Cau- like it. They are critical to the future of north- that nearly 75 percent of employers re- cus. This bipartisan group is working east Indiana, and they are critical to the future port severe difficulties trying to hire to raise awareness of the benefits of ca- of our country. qualified workers. Career and technical reer and technical education in Con- Ms. JACKSON-LEE of Texas. Mr. Speaker, education provides students with the gress and to support funding and poli- I rise today in support of H. Res. 930, sup- skills they need to find employment in cies to benefit career and technical porting the goals and ideas of Career and skilled professions and to compete in a education. Technical Education Month, introduced by my growing and competitive global econ- I would urge my fellow Members to distinguished colleague from Washington, omy. join the caucus and work with us to ex- Representative BAIRD. This important piece of Career and technical education also pand and strengthen career and tech- legislation expands the pathways to social and helps students receive and complete nical education in this country. economic mobility, for more people in this their education. Those who participate Finally, I would just offer a sugges- country. in these programs have higher grade tion to my friends and colleagues in Career and technical education is a sub- point averages in college and are less this institution and those colleagues stantial enterprise in this country. Thousands likely to drop out. In fact, according to who happen to be running for Presi- of comprehensive high schools, vocational and the Department of Labor, career and dent. We often, in our political speech- technical high schools, area vocational cen- technical education prepares students es, say things like, we want to make ters, and community colleges offer career and for all of the 20 fastest growing occupa- college education more affordable. technical education programs. Virtually every tions in our Nation today. Well, as a former college instructor high school student takes at least one career Career and technical education is and a chair of the department, I believe and technical education course, and one in also unique in the way it engages stu- we ought to make college education four students takes three or more courses in dents in their learning. I visited skill more affordable, but I would encourage a single program area. One-third of college centers in my district, including the all of us to insert the words ‘‘career students are involved in career and technical Clark County Skills Center and the and technical education’’ when we talk programs, and as many as 40 million adults New Market Skills Center in Thurston about supporting education in this engage in short-term postsecondary occupa- County last year, and I found students country. We should make career and tional training. genuinely interested and involved in technical education every bit as high a Eighty-five years after the passage of the the classroom and in their education. priority, as high in prestige, and as first piece of Federal vocational education leg- Indeed, in my school visits, it is not at fully supported financially as we en- islation, career and technical education is all uncommon to go to one, apparently, deavor to do with college education. evolving from its original and sole focus on academic class, where students seem With that, I would like to close by preparing students for work immediately fol- disinterested or maybe bored with thanking again the chairman of the lowing high school. Today’s career and tech- their course of study. You encounter committee, Chairman MILLER, and nical education programs increasingly incor- them somewhat later in the career and Ranking Member MCKEON. And I would porate rigorous and challenging academic

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Whereas Lieutenant General Honore´ grad- have 5 legislative days within which to In my district, we have several vocational uated from Southern University and A&M revise and extend their remarks on the and technical schools and programs such as College in 1971 with a bachelor’s degree in resolution under consideration. the Bradford School, ITT Technical Institute, vocational agriculture and, upon graduation, was commissioned as a Second Lieutenant in The SPEAKER pro tempore. Is there Everest Institute, Remington College at Hous- the United States Army; objection to the request of the gen- ton, and American Intercontinental University Whereas Lieutenant General Honore´ grad- tleman from Connecticut? in Houston. Each of these schools and pro- uated from Troy State University with a There was no objection. grams is committed to providing the skills and master’s degree in human resources, received b 1630 technical knowledge necessary for entry-level an honorary doctorate in public administra- employment positions in business and indus- tion from Southern University and A&M Col- Mr. COURTNEY. Mr. Speaker, I yield try. lege, and received an honorary doctorate in myself such time as I may consume. Career and technical education is about law from Stillman College; I rise today in support of H. Res. 944, ´ helping students, workers, and lifelong learn- Whereas Lieutenant General Honore served honoring the service and accomplish- in a number of infantry command positions ments of Lieutenant General Russel L. ers of all ages fulfill their working potential. in the Army, including overseas tours in First and foremost it’s about high school and Germany and as a commanding officer in the Honore, United States Army, for his 37 college education that provides students with: Second Infantry Division in Korea; years of service on behalf of the United (1) academic subject matter taught with rel- Whereas Lieutenant General Honore´ saw States. evance to the real world, often called contex- action in Iraq and Kuwait during Operation And let me first take a moment to tual learning, (2) second-chance education Desert Storm; thank Representative David Scott of and training for the unemployed and those Whereas Lieutenant General Honore´ served Georgia for helping us to recognize seeking to upgrade their employability skills, as vice director for operations for the Joint General Honore and getting this reso- Chiefs of Staff, Washington, District of Co- lution to the floor here today. And I and (3) corporate training, continuing edu- lumbia, deputy commanding general and as- cation, skills upgrades and refresher courses sistant commandant of the United States want to certainly allow him the spot- for those already in the workplace. Army Infantry Center and School at Fort light in terms of talking about this ex- I join Congressman BAIRD in raising aware- Benning, Georgia, and assistant division traordinary gentleman. ness about the increased need for career and commander, maneuver/support for the First Very briefly, he is a native of Lake- tech programs that will better prepare and Calvary Division at Fort Hood, Texas; land, Louisiana, graduated from South- train America’s growing workforce. I have long Whereas Lieutenant General Honore´ com- ern University and A&M College in supported education initiatives that not only manded the Joint Force Headquarters for 1971. Upon graduation, he was commis- Homeland Security; sioned as a second lieutenant in the seek to educate, but to also inspire entrepre- Whereas Lieutenant General Honore´ com- neurship. I support this legislation and I urge manded the First United States Army, which United States Army. my colleagues to join me in supporting this is responsible for the training and deploy- During his career, General Honore legislation. ment of 500,000 National Guard and Reserve has served a number of infantry com- Mr. COURTNEY. Just to close, Mr. members. mand positions in the Army, including Speaker, again, Congressman BAIRD, Whereas the awards and decorations of tours in Germany and as commanding who is a passionate advocate on this Lieutenant General Honore´ include the De- officer of the Second Infantry Division issue, I think said it all. For all the fense Distinguished Service Medal with Oak in Korea. He had also seen action in Leaf Cluster, the Distinguished Service reasons that he stated and Mr. BISHOP Iraq and Kuwait during Operation from Utah, I would urge all Members to Medal with Oak Leaf Cluster, the Defense Superior Service Medal, the Legion of Merit Desert Storm and served as Vice Direc- support this resolution and its passage. with four Oak Leaf Clusters, the Bronze Star tor for Operations for the Joint Chiefs Mr. Speaker, I yield back the balance Medal, the Defense Meritorious Service of Staff here in Washington, DC. of my time. Medal, the Meritorious Service Medal with Through his efforts and command, he The SPEAKER pro tempore. The three Oak Leaf Clusters, and the Army Com- was responsible for the training and de- question is on the motion offered by mendation Medal with three Oak Leaf clus- ployment of a half million National the gentleman from Connecticut (Mr. ters; Guard and Reserve members. In addi- COURTNEY) that the House suspend the Whereas Lieutenant General Honore´ led tion, he led the Joint Task Force the Joint Task Force Katrina following the rules and agree to the resolution, H. Katrina following the hurricane’s de- Res. 930, as amended. hurricane’s destruction of the Gulf Coast in 2005, where he commanded all active-duty struction of the gulf coast in 2005, The question was taken. where he commanded all active duty The SPEAKER pro tempore. In the troops from all military branches dedicated to the storm recovery operations; and troops from all branches dedicated to opinion of the Chair, two-thirds being Whereas Lieutenant General Honore´ and storm recovery operations. in the affirmative, the ayes have it. his wife Beverly raised four children, Steph- This Nation owes a debt of gratitude Mr. COURTNEY. Mr. Speaker, on anie, Kimberly, Stephen, and Michael, and to General Honore for his commitment that I demand the yeas and nays. their son Michael has served in Iraq as an to the defense of our great Nation. The yeas and nays were ordered. Army sergeant: Now, therefore, be it The SPEAKER pro tempore. Pursu- Resolved, That the House of Representa- Mr. Speaker, I reserve the balance of ant to clause 8 of rule XX and the tives— my time. Chair’s prior announcement, further (1) honors Lieutenant General Honore´ for Mr. BISHOP of Utah. Mr. Speaker, I proceedings on this motion will be his 37 years of service on behalf of the United yield myself such time as I may con- postponed. States; sume. (2) commends Lieutenant General Honore´ Mr. Speaker, I rise today in support f for his dedication and commitment to the of H. Res. 944, which honors the distin- HONORING LIEUTENANT GENERAL Army and his leadership in the post-Katrina guished career of Army Lieutenant RUSSEL L. HONORE recovery effort; and (3) recognizes Lieutenant General Honore´ General Russel Honore, who is retiring, Mr. COURTNEY. Mr. Speaker, I move as a soldier, commander, and leader and for as has been said, after 37 years of serv- to suspend the rules and agree to the displaying throughout his distinguished ice to this great Nation. resolution (H. Res. 944) honoring the military service the highest levels of leader- The United States Army is known for service and accomplishments of Lieu- ship, professional competence, integrity, and its tradition, strength, and valor, and tenant General Russel L. Honore, courage. Lieutenant General Honore exemplifies United States Army, for his 37 years of The SPEAKER pro tempore. Pursu- what it means to be a soldier. The gen- service on behalf of the United States, ant to the rule, the gentleman from eral has had a career that young sol- as amended. Connecticut (Mr. COURTNEY) and the diers dream about. He saw action in The Clerk read the title of the resolu- gentleman from Utah (Mr. BISHOP) both Iraq and Kuwait during the first tion. each will control 20 minutes. Gulf War. He has earned 15 awards and The text of the resolution is as fol- The Chair recognizes the gentleman decorations and has served overseas in lows: from Connecticut. both Germany and Korea. But perhaps

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And so much has been said Mr. Speaker, it was my honor to go the worst natural disasters that our about the great soldiering of this great with my committee to the City of New country has ever experienced. He was American. The hallmark word is ‘‘dis- Orleans in October of that year to try working not only to help repair his na- cipline,’’ ‘‘focus.’’ He endured hardness to help with the restoration of some of tive State of Louisiana, but he was and toughness as a good soldier, and the medical care of the City of New Or- working to repair his country, and he through that discipline came the loy- leans, and during that trip, I went to did so in exemplary fashion. alty, came the courage that it took to the Oschner Clinic, which is there near I wish to honor Lieutenant General fighting the wars in Iraq and Afghani- downtown New Orleans. It’s on a nat- Honore and his family, Beverly, Steph- stan but, more than that, to expound ural sort of rise between the Mis- anie, Kimberly, Stephen, and Michael, the toughness and the discipline that sissippi River and downtown New Orle- the best in what comes next for them, was needed to our fellow soldiers that ans, so it was buffeted by the winds of and I thank them for their commit- came under his care. For there is no the storm but spared from the flood- ment to this country as a family. I con- greater thing of General Honore than waters and was struggling valiantly to gratulate the general on his magnifi- the love of his soldiers, and he exempli- keep up with the stream of human in- cent career, and I urge all Members to fied that by heading up the com- jury that was coming through the support this resolution. mandant post in my district at Fort doors on a 24-hour-a-day basis. Mr. Speaker, I reserve the balance of Gillem, Georgia. For three-quarters of Specifically, I spoke with some doc- my time. the National Guard that had to be posi- tors in the emergency room at the Mr. COURTNEY. Mr. Speaker, it is tioned, had to be trained, had to be de- Oschner Clinic. The feeling at the clin- my honor to yield 5 minutes to my ployed into the war zones came ic was that they were going to be okay friend and colleague, the sponsor of through the hand of Russel Honore at from the standpoint of did they have this resolution, the gentleman from Fort Gillem in Clayton County and enough diesel fuel to run their genera- Georgia (Mr. SCOTT). Forest Park in Georgia and my con- tors, did they have enough medicines, Mr. SCOTT of Georgia. To my two gressional district. but the civil unrest, which was build- distinguished colleagues who have And, finally, that question was put to ing outside their walls, clearly contin- taken the leadership on this time on the great Messiah and prophet Jesus ued to imperil them. Again, these were the floor, I thank you for your gra- Christ when He was asked, Jesus, what individuals who had ridden out the ciousness in allowing us to bring up H. does it take to be a great man? And storm. They had stayed in the hospital Res. 944 and at the same time to recog- Jesus replied, first of all, in order to be during the storm to see the sick and nize what is arguably an extraordinary a great man, you must sacrifice your- wounded who managed to come in. and great moment in American his- self. And, oh, what a great sacrifice. They had stayed at their posts as the tory. And you must love your fellow man as floodwaters rose around them, not For this man, Lieutenant General you do yourself. And what greater ex- knowing if the floodwaters would stop Russel Honore, the only word that emplary of that was in going down into before they got to their doors, but, incomes to mind, Mr. Speaker, is that Katrina and not just soldiering, not deed, stop they did. word ‘‘great.’’ There have been some just taking the time to protect the But you can imagine the heartbreak great moments and great events in the area, but clothing the people there, of this young emergency room physi- last 7 years of this country that have finding food and shelter for them, and cian who described to me 3 days into threatened the very foundation of our taking the time to stop beside the road their turmoil, 3 days into their task, country. The 9/11 of 2001 that launched of the agony that they were experi- saved from the winds, spared from the the vicious attack on this country that encing, put an arm around them, and waters, but they could hear the civil led us into this extraordinary period of help that gulf coast to recovery. unrest boiling outside the doors. They this war on terror, and then just 4 Yes, ‘‘greatness’’ is the word for Gen- could hear the gunshots. They could years later a great catastrophe, one of eral Russel Honore. And we are so hear the shouts of the crowds. And the greatest natural disasters to have grateful for him, for the role that he they knew that their facility was clear- ever hit the United States of America has played, and for the greatness of ly going to be targeted because they and to the gulf coast of this country: this man. For he came at the most op- had seen on the news where other Hurricane Katrina. Great events, great portune time to provide the most op- health care facilities had been tar- occasions bring forth the need to rise portune service, and he is truly a great geted, because of perhaps drug-seeking up to this occasion and these great oc- American serving a great Nation. behavior, who knows why, but they casions great men. Mr. BISHOP of Utah. Mr. Speaker, I were very much at risk. We are here today to honor a great am pleased to yield such time as he This emergency room doctor had American, and we ought to pause for a may consume to the gentleman from brought his wife to the hospital be- moment and think about this word Texas (Mr. BURGESS). cause he felt she wasn’t safe at home. ‘‘great’’ that we are using to describe Mr. BURGESS. I thank the gen- He described how they had spent the this great American, Lieutenant Gen- tleman for yielding. night under his desk in their office eral Russel Honore. The word ‘‘great’’ And, Mr. Speaker, I will just tell you waiting for the end to come. They had means something of great magnifi- it’s a privilege to stand on the floor survived the winds. They had survived cence. When that question was put to here today to hear the testimony of my the water. They were not going to sur- the great philosopher Aristotle, what colleagues on both sides of the aisle in vive the riots outside the door. does it take to be a great man, Aris- tribute to this great American. And then right before dawn, he heard totle said the first thing you’ve got to Mr. Speaker, I am honored to stand a helicopter. Not unusual because there do is know thyself. here today in support of H. Res. 944, were news helicopters circling around Well, I am here to tell you, Mr. recognizing the 37 years of service of the city on an almost continual basis. Speaker, Russel Honore knew himself, Lieutenant General Russel Honore. But this was a different kind of heli- and not only did he know who he was, At a time it seemed our country’s copter. It had a much throatier roar. Russel Honore knew whose he was, that civil fabric was tearing before our very And then there was another one and he was foremost and first of all a child eyes, all of us felt we saw a Nation in another one and another one. And they of God that had been brought on this peril. The efforts of elected officials at turned on the television to see the Earth for a great need and a great oc- the local level, at the State level, at landing of Lieutenant General Russ casion. the Federal level were not up to the Honore taking command of the city, Later on in history that question was task of dealing with the aftermath of taking control back. I cannot tell you put to the great Roman general and Hurricane Katrina. It took officers of today the relief in this young man’s

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Thank nothing short of heroic, the response of the community’s response to this tragedy. you for helping that young family in federal government, especially FEMA, was In the hours, days, weeks, and months after the emergency room that day. This Na- nothing short of an embarrassment. I never the Katrina struck the gulf coast, the actions of tion will forever be in your debt. imagined that my neighbors in New Orleans Lt. General Honore´ and those like him were a Mr. COURTNEY. Mr. Speaker, I yield would be called and treated like refugees in lifeline for thousands of displaced, frightened, 2 minutes to the gentleman from Lou- war ravaged developed countries. The re- and imperiled residents. His bravery was so isiana (Mr. JEFFERSON). sponse of the Bush Administration was unac- often the difference between life and death, or Mr. JEFFERSON. I thank the gen- ceptable. between hope and despair. Those of us who tleman for yielding. However, even in the midst of tragedy and were on the ground in those days and weeks Mr. Speaker, I thank the gentleman mismanagement, many Americans throughout following the storm know just how valuable his from Georgia, Representative DAVID this country stepped up to help those affected actions were, just how vital his leadership SCOTT, for bringing this resolution to by this disaster. This demonstrated that once was, and just how much the region needed the floor today to honor General again in our darkest hour that we united as a many more leaders like him. Russel L. Honore. nation to help our brothers and sisters who I would like to commend Lieutenant General While General Honore deserves to be sought to recover and rebuild their lives. In Honore´ for his 37 years of service on behalf honored for his service to our Nation particular, a small number of extraordinary in- of the United States. Lieutenant General and by the people of Georgia for the ex- dividuals became true heroes; one of the most Honore´ has proven his dedication and commit- periences he has had in connection remarkable was Lieutenant General Russel ment to the Army and his leadership in post- with them, in truth he belongs, at his Honore´. Katrina recovery effort. I recognize his loyalty roots, to the people of Louisiana. Called by New Orleans Mayor Ray Nagin a as a soldier, commander, and leader and for General Russel Honore was born in man who can ‘‘get some stuff done,’’ Lieuten- displaying throughout his distinguished military Louisiana in the rural parish of Pointe ant General Honore´’s life is truly an American service the highest levels of leadership, pro- Coupee. I have known him for 39 years. story. Born in Lakeland, Louisiana, General fessional competence, integrity, courage. I met him when he was a brash, young Honore´ graduated from Southern University Many of those who survived this storm did so ROTC cadet at the college we both at- and A&M College in Baton Rouge, Louisiana. only because of the bravery, selflessness, and tended, Southern University and A&M After graduating with a baccalaureate degree immense leadership of Lt. General Honore´ College in Baton Rouge. In fact, we’ve in vocational agriculture, General Honore´ was and other heroes like him. often kidded that since I was a few commissioned as a Second Lieutenant in the Over two years have passed since Hurri- years ahead of him at Southern and his United States Army. General Honore´ eventu- cane Katrina struck the Gulf Coast, and we battalion commander there when he ally graduated from Troy State University with continue to mourn the at least 1,836 innocent joined our ROTC, I can take some real a master’s degree in Human Resources and victims of the storm. We also continue to ad- credit for his success as a soldier. received an honorary doctorate in public address the difficult issues raised by the storm, However that may be, Russel Honore ministration from Southern University and including the rebuilding of affordable housing showed the attributes back then that A&M College. in the area, and the restoration of local edu- led to what can only be described as a General Honore´ began his distinguished cation systems. As a proud Houstonian, a legendary career in the U.S. Army. He military career serving in a number of infantry firsthand witness to the devastation wrought was a serious student, an eager partici- command positions for the Army, including by Hurricane Katrina, and a believer in the pant in everything the ROTC had to overseas tours in Germany and as a com- power of the American people, as dem- offer outside of the classroom and in- manding officer in the Second Infantry Division onstrated by Lt. General Honore´, I strongly side, and he had a big, courageous, fun- in Korea. He saw action in Iraq and Kuwait urge my colleagues to remember those who loving heart. during Operation Desert Storm. Honore´’s ex- perished, honor those who found such bravery We who have known him for years, perience and skill made him a logical can- within themselves, and to continue to work to then, are not surprised that he led with didate to serve as vice director for operations provide for the still-suffering victims of the distinction commands in Fort Hood, for the Joint Chiefs of Staff; deputy com- storm. Texas; Washington, D.C.; Georgia; and manding general and assistant commandant In a recent media interview, Lt. General Korea; and most recently as com- of the United States Army Infantry Center and Honore´ spoke of what he hoped his legacy mander of the U.S. Southern Command School at Fort Benning, Georgia; and assist- would be. He spoke of an effort to guide civil- for Homeland Security. ant division commander, maneuver/support for ian America, encouraging a ‘‘culture of pre- Americans, however, will always re- the First Calvary Division at Fort Hood, Texas. paredness’’ in the spirit of his own cold-war member him most for the order he But more than his impressive record of mili- upbringing. He stated that despite government brought out of the chaos in the after- tary service, Lt. General Russel Honore´ is per- investment in disaster response mechanisms, math of the terrible storms Hurricanes haps best known for his strong leadership at- civic response remains weak, stating, ‘‘I’m Katrina and Rita that ripped apart the tributes. Lieutenant General Honore´ com- sure you and your wife have a plan to meet lives of our people in Louisiana. He, manded the First United States Army, respon- at Uncle Joe’s house, but does your plan in- more than anyone else, took charge of sible for the training and deployment of clude asking Mrs. Smith next door if she the urgent rescue and relief of flooding 500,000 National Guardsmen and reserve needs a ride?’’ This is a vital, and too often victims there and made the bureauc- service members. Lieutenant General Honore´ overlooked, component of disaster planning. racy bow to reason and good judgment. also led the Joint Task Force Katrina, fol- Mr. Speaker, I would again like to voice my We applaud him for that. We con- lowing the hurricane’s destruction of the Gulf support for H.R. 944, and finally give back gratulate him on a distinguished mili- Coast in 2005, where he commanded all ac- something to a man that has already given so tary career. A grateful Nation, there- tive-duty troops from all military branches much to his country. fore, wishes General Russel Honore dedicated to the storm recovery operations. Mr. BISHOP of Utah. Mr. Speaker, I God’s choicest blessings in his retire- Mr. Speaker, my home district in Houston yield back the balance of my time. ment years. has been pleased to welcome with open arms Mr. COURTNEY. Mr. Speaker, at this Ms. JACKSON-LEE of Texas. Mr. Speaker, well over 100,000 survivors fleeing the storm, time I have no further requests for I rise today in strong support of H. Res. 944, including a reported 21,000 children. I spent time. Again, I urge passage of the reso- honoring the service and accomplishments of countless hours after this immense tragedy lution, and I yield back the balance of Lieutenant General Russel L. Honore´ United with the men, women, and children who fell my time. States Army, for his 37 years of service on be- victim to this catastrophic storm; I witnessed The SPEAKER pro tempore. The half of the United States. I would like to thank first hand the terror and despair of children question is on the motion offered by my distinguished colleague Congressman separated from their parents, men and women the gentleman from Connecticut (Mr. DAVID SCOTT for introducing this important leg- who had lost their entire livelihoods, and fami- COURTNEY) that the House suspend the

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1013 rules and agree to the resolution, H. this year, such as annual proof and un- The question was taken; and (two- Res. 944, as amended. circulated sets, will not include a 2008 thirds being in the affirmative) the The question was taken. Sacagawea dollar. rules were suspended and the bill was The SPEAKER pro tempore. In the The legislation before us would cor- passed. opinion of the Chair, two-thirds being rect this oversight and immediately A motion to reconsider was laid on in the affirmative, the ayes have it. authorize the continued minting and the table. Mr. COURTNEY. Mr. Speaker, on issuance of 2008 ‘‘Sacagawea Design’’ f that I demand the yeas and nays. golden dollars for numismatic purposes The yeas and nays were ordered. only. This is an important bill for coin RECESS The SPEAKER pro tempore. Pursu- collectors nationwide and for the popu- The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX and the larity of the Sacagawea dollar coin. ant to clause 12(a) of rule I, the Chair Chair’s prior announcement, further I urge all Members to support its pas- declares the House in recess until ap- proceedings on this motion will be sage. proximately 6:30 p.m. today. postponed. I reserve the balance of my time. Accordingly (at 4 o’clock and 50 min- f Mr. BISHOP of Utah. Mr. Speaker, I utes p.m.), the House stood in recess yield myself such time as I may con- until approximately 6:30 p.m. b 1645 sume. PROVIDING FOR THE CONTINUED Mr. Speaker, this bill before us is f MINTING AND ISSUANCE OF CER- truly a technical amendment that b 1830 TAIN $1 COINS IN 2008 deals with the Native American $1 Ms. MOORE of Wisconsin. Mr. Speak- coin. It is a good bill for collectors. It AFTER RECESS er, I move to suspend the rules and does no harm to the Nation. It does not The recess having expired, the House pass the bill (H.R. 5478) to provide for cost the taxpayers a dime, or in this was called to order by the Speaker pro the continued minting and issuance of case, it doesn’t cost them a dollar. I tempore (Ms. BALDWIN) at 6 o’clock and certain $1 coins in 2008. urge its immediate passage. 30 minutes p.m. Mr. Speaker, the bill before us is a technical The Clerk read the title of the bill. f The text of the bill is as follows: amendment only. When the Native American H.R. 5478 $1 Coin Act passed the House last spring, it ANNOUNCEMENT BY THE SPEAKER was envisioned the one-dollar coins with a Be it enacted by the Senate and House of Rep- PRO TEMPORE resentatives of the United States of America in regularly changed reverse celebrating different The SPEAKER pro tempore. Pursu- Congress assembled, That clause (i) of section Native American themes would start being ant to clause 8 of rule XX, proceedings 5112(n)(1)(B) of title 31, United States Code issued by the Mint last month—January 2008. will resume on motions to suspend the (as in effect on the day before the date of the However, due to the press of other impor- rules previously postponed. enactment of Public Law 110–82) shall con- tant business, the Senate was unable to pass Votes will be taken in the following tinue in effect, notwithstanding the amend- the bill until the end of July and the minor ment made by section 3 of Public Law 110–82, order: changes made there required House approval. H. Res. 978, by the yeas and nays; until the effective date of the amendment The result was that this very laudable program made by section 2 of such Public Law. H. Res. 930, by the yeas and nays; did not get to the President’s desk until Sep- H. Res. 944, by the yeas and nays. The SPEAKER pro tempore. Pursu- tember, which triggered language in the text ant to the rule, the gentlewoman from The first electronic vote will be con- intended to ensure that the U.S. Mint had ducted as a 15-minute vote. Remaining Wisconsin (Ms. MOORE) and the gen- enough time to properly design the first coin, tleman from Utah (Mr. BISHOP) each electronic votes will be conducted as 5- and so the program wills start next January in- minute votes. will control 20 minutes. stead. The Chair recognizes the gentle- To avoid having to send the bill back to the f woman from Wisconsin. Senate again and further elongate the SCHOOL SOCIAL WORK WEEK GENERAL LEAVE timeline, no attempt was made to change lan- Ms. MOORE of Wisconsin. Mr. Speak- guage that ended the production of the then- The SPEAKER pro tempore. The un- er, I ask unanimous consent that all current design of the Sacagawea dollar coin, finished business is the vote on the mo- Members have 5 legislative days within so that there would not be two designs co-cir- tion to suspend the rules and agree to which to revise and extend their re- culating. That meant that the Sacagawea dol- the resolution, H. Res. 978, on which marks on this legislation and to insert lar by law cannot be produced this year, for the yeas and nays were ordered. extraneous material thereon. the 5–10 million U.S. Mint proof sets that oth- The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there erwise would have contained it. tion. objection to the request of the gentle- Mr. Speaker, this bill merely corrects that The SPEAKER pro tempore. The woman from Wisconsin? issue, so that collectors will be able to get the question is on the motion offered by There was no objection. last of that design of the dollar coin during the gentleman from Connecticut (Mr. Ms. MOORE of Wisconsin. Mr. Speak- 2008 in their collectible sets. Next year new COURTNEY) that the House suspend the er, I yield myself such time as I may dollar coins will start circulating alongside the rules and agree to the resolution, H. consume. Presidential dollars, still bearing the image of Res. 978. Mr. Speaker, H.R. 5478 corrects an Sacagawea on the front but once a year hav- The vote was taken by electronic de- oversight made in the Native American ing a different reverse design representing the vice, and there were—yeas 379, nays 0, $1 Coin Act which passed the House by contributions of Native Americans to our herit- not voting 49, as follows: voice vote on June 12, 2007, and became age. [Roll No. 69] public law on September 20, 2007. This bill will be good for collectors, will do YEAS—379 The Native American $1 Coin Act au- no harm and will not cost the taxpayers a Abercrombie Berkley Boucher thorized the minting of the dime—or a dollar. I urge its immediate pas- Ackerman Berman Boustany ‘‘Sacagawea Design’’ golden dollar coin sage. Akin Berry Boyd (FL) Alexander Biggert Boyda (KS) for circulation beginning in January, Mr. Speaker, I have no further speak- Altmire Bilbray Brady (PA) 2009. In that legislation, we purposely ers, and I yield back the balance of my Andrews Bilirakis Brady (TX) did not require the production of 2008 time. Arcuri Bishop (NY) Braley (IA) Sacagawea coins for circulation; how- Ms. MOORE of Wisconsin. I have no Baca Bishop (UT) Broun (GA) Bachmann Blackburn Brown (SC) ever, the act unintentionally elimi- other speakers, and I yield back the Baird Blumenauer Brown, Corrine nated the Mint’s authority to issue balance of my time. Baldwin Blunt Brown-Waite, ‘‘Sacagawea Design’’ golden dollars in The SPEAKER pro tempore. The Barrett (SC) Boehner Ginny Barrow Bonner Buchanan 2008 for coin collection purposes. question is on the motion offered by Bartlett (MD) Bono Mack Burgess As a result, many of the standard the gentlewoman from Wisconsin (Ms. Barton (TX) Boozman Burton (IN) U.S. Mint products the coin-collecting MOORE) that the House suspend the Bean Boren Butterfield public is expecting to order and receive rules and pass the bill, H.R. 5478. Becerra Boswell Buyer

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1014 CONGRESSIONAL RECORD — HOUSE February 25, 2008 Calvert Hinchey Murphy (CT) Thompson (MS) Walden (OR) Weller ANNOUNCEMENT BY THE SPEAKER Camp (MI) Hirono Murphy, Patrick Thornberry Walsh (NY) Westmoreland Campbell (CA) Hobson Murphy, Tim Tiahrt Walz (MN) Wexler PRO TEMPORE Cannon Hodes Murtha Tiberi Wamp Whitfield (KY) The SPEAKER pro tempore. Without Cantor Hoekstra Musgrave Tierney Wasserman Wilson (NM) objection, 5-minute voting will con- Capito Holden Myrick Tsongas Schultz Wilson (OH) Capps Holt Nadler Udall (NM) Waters Wilson (SC) tinue. Cardoza Honda Napolitano Upton Watson Wittman (VA) There was no objection. Carney Hooley Neugebauer Van Hollen Watt Wolf Carter Hoyer Nunes Vela´ zquez Waxman Wu f Castle Inglis (SC) Oberstar Visclosky Weiner Wynn Castor Inslee Obey Walberg Welch (VT) Yarmuth CAREER AND TECHNICAL Chabot Israel Olver NOT VOTING—49 EDUCATION MONTH Chandler Issa Ortiz Clarke Jackson (IL) Pallone Aderholt Gutierrez Platts The SPEAKER pro tempore. The un- Clay Jackson-Lee Pascrell Allen Hall (TX) Pomeroy finished business is the vote on the mo- Cleaver (TX) Pastor Bachus Hastings (WA) Pryce (OH) tion to suspend the rules and agree to Bishop (GA) Herseth Sandlin Clyburn Jefferson Paul Reynolds the resolution, H. Res. 930, as amended, Coble Johnson (GA) Payne Capuano Hinojosa Ruppersberger Cohen Johnson (IL) Pearce Carnahan Hulshof Rush on which the yeas and nays were or- Cole (OK) Johnson, E. B. Pence Doolittle Hunter Sherman dered. Conaway Johnson, Sam Perlmutter Edwards Keller Space Ellison Kingston The Clerk read the title of the resolu- Conyers Jones (NC) Peterson (MN) Spratt Farr LaTourette tion. Cooper Jones (OH) Petri Towns Ferguson Lewis (CA) Costa Jordan Pickering Turner The SPEAKER pro tempore. The Forbes Lucas Costello Kagen Pitts Udall (CO) question is on the motion offered by Courtney Kanjorski Poe Gallegly Lungren, Daniel Gerlach E. Weldon (FL) the gentleman from Connecticut (Mr. Cramer Kaptur Porter Woolsey Crenshaw Kennedy Price (GA) Gilchrest Marchant COURTNEY) that the House suspend the Young (AK) Crowley Kildee Price (NC) Graves Neal (MA) rules and agree to the resolution, H. Young (FL) Cubin Kilpatrick Putnam Grijalva Peterson (PA) Res. 930, as amended. Cuellar Kind Radanovich ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE This will be a 5-minute vote. Culberson King (IA) Rahall The SPEAKER pro tempore (during Cummings King (NY) Ramstad The vote was taken by electronic de- Davis (AL) Kirk Rangel the vote). Members are advised that vice, and there were—yeas 380, nays 0, Davis (CA) Klein (FL) Regula there are 2 minutes remaining in this not voting 48, as follows: Davis (IL) Kline (MN) Rehberg vote. Davis (KY) Knollenberg Reichert [Roll No. 70] Davis, David Kucinich Renzi b 1855 YEAS—380 Davis, Lincoln Kuhl (NY) Reyes So (two-thirds being in the affirma- Abercrombie Carney Farr Davis, Tom LaHood Richardson Ackerman Carter Fattah Lamborn tive) the rules were suspended and the Deal (GA) Rodriguez Akin Castle Feeney DeFazio Lampson Rogers (AL) resolution was agreed to. Alexander Castor Filner DeGette Langevin Rogers (KY) The result of the vote was announced Altmire Chabot Flake Delahunt Larsen (WA) Rogers (MI) as above recorded. Andrews Chandler Fortenberry DeLauro Larson (CT) Rohrabacher Arcuri Clarke Fossella Dent Latham Ros-Lehtinen A motion to reconsider was laid on the table. Baca Clay Foxx Diaz-Balart, L. Latta Roskam Bachmann Cleaver Frank (MA) Diaz-Balart, M. Lee Ross f Baird Clyburn Franks (AZ) Dicks Levin Rothman Baldwin Coble Frelinghuysen Dingell Lewis (GA) Roybal-Allard COMMEMORATING THE RECENT Barrett (SC) Cohen Garrett (NJ) Doggett Lewis (KY) Royce TRAGEDY AT NORTHERN ILLI- Barrow Cole (OK) Giffords Donnelly Linder Ryan (OH) NOIS UNIVERSITY Bartlett (MD) Conaway Gillibrand Doyle Lipinski Ryan (WI) Barton (TX) Conyers Gingrey Drake LoBiondo Salazar (Mr. MANZULLO asked and was Bean Cooper Gohmert Dreier Loebsack Sali given permission to address the House Becerra Costa Gonzalez Duncan Lofgren, Zoe Sa´ nchez, Linda for 1 minute.) Berkley Costello Goode Ehlers Lowey T. Berman Courtney Goodlatte Ellsworth Lynch Sanchez, Loretta Mr. MANZULLO. Madam Speaker, it Berry Cramer Gordon Emanuel Mack Sarbanes is with a heavy heart that I rise today Biggert Crenshaw Granger Emerson Mahoney (FL) Saxton to ask the House to observe a moment Bilbray Crowley Green, Al Engel Maloney (NY) Schakowsky of silence for the tragedy that beset Bilirakis Cubin Green, Gene English (PA) Manzullo Schiff Bishop (NY) Cuellar Hall (NY) Eshoo Markey Schmidt Northern Illinois 11 days ago. On the Bishop (UT) Culberson Hare Etheridge Marshall Schwartz afternoon of February 14, five bright, Blackburn Cummings Harman Everett Matheson Scott (GA) energetic young people, Gayle Blumenauer Davis (AL) Hastings (FL) Fallin Matsui Scott (VA) Dubowski, Juliana Gehant, Catalina Blunt Davis (CA) Hayes Fattah McCarthy (CA) Sensenbrenner Boehner Davis (IL) Heller Feeney McCarthy (NY) Serrano Garcia, Ryanne Mace, and Daniel Bonner Davis (KY) Hensarling Filner McCaul (TX) Sessions Parmenter, were killed and 16 others Bono Mack Davis, David Herger Flake McCollum (MN) Sestak injured as a deranged gunman opened Boozman Davis, Lincoln Higgins Fortenberry McCotter Shadegg fire on students at Northern Illinois Boren Davis, Tom Hill Fossella McCrery Shays Boswell Deal (GA) Hinchey Foxx McDermott Shea-Porter University in DeKalb, Illinois, before Boucher DeFazio Hirono Frank (MA) McGovern Shimkus committing suicide himself. Boustany DeGette Hobson Franks (AZ) McHenry Shuler Today, we grieve with our friends at Boyd (FL) Delahunt Hodes Frelinghuysen McHugh Shuster NIU and millions around the world as Boyda (KS) DeLauro Hoekstra Garrett (NJ) McIntyre Simpson Brady (PA) Dent Holden Giffords McKeon Sires we try to make sense of this Brady (TX) Diaz-Balart, L. Holt Gillibrand McMorris Skelton unfathomable tragedy. Let us stand Braley (IA) Diaz-Balart, M. Honda Gingrey Rodgers Slaughter with and pray for the families of the Broun (GA) Dicks Hooley Gohmert McNerney Smith (NE) victims and the 25,000 students who Brown (SC) Dingell Hoyer Gonzalez McNulty Smith (NJ) Brown, Corrine Doggett Inglis (SC) Goode Meek (FL) Smith (TX) will have to deal with the aftermath of Brown-Waite, Donnelly Inslee Goodlatte Meeks (NY) Smith (WA) this senseless violence for years to Ginny Doyle Israel Gordon Melancon Snyder Buchanan Drake Issa Granger Mica Solis come. I know others in the Illinois delega- Burgess Dreier Jackson (IL) Green, Al Michaud Souder Burton (IN) Duncan Jackson-Lee Green, Gene Miller (FL) Stark tion join me in this House in extending Butterfield Ehlers (TX) Hall (NY) Miller (MI) Stearns our condolences to all concerned and Buyer Ellsworth Jefferson Hare Miller (NC) Stupak commend the brave and noble actions Calvert Emanuel Johnson (GA) Harman Miller, Gary Sullivan Camp (MI) Emerson Johnson (IL) Hastings (FL) Miller, George Sutton of our first responders. Campbell (CA) Engel Johnson, E. B. Hayes Mitchell Tancredo We respectfully ask for a moment of Cannon English (PA) Johnson, Sam Heller Mollohan Tanner silence to be observed in this body. Cantor Eshoo Jones (NC) Hensarling Moore (KS) Tauscher The SPEAKER pro tempore. Mem- Capito Etheridge Jones (OH) Herger Moore (WI) Taylor bers will rise and observe a moment of Capps Everett Jordan Higgins Moran (KS) Terry Cardoza Fallin Kagen Hill Moran (VA) Thompson (CA) silence.

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1015 Kanjorski Moore (WI) Sensenbrenner b 1906 Johnson, E. B. Miller, George Scott (GA) Kaptur Moran (KS) Serrano Johnson, Sam Mitchell Scott (VA) Kennedy Moran (VA) Sessions So (two-thirds being in the affirma- Jones (NC) Mollohan Sensenbrenner Kildee Murphy (CT) Sestak tive) the rules were suspended and the Jones (OH) Moore (KS) Serrano Kilpatrick Murphy, Patrick Shadegg resolution, as amended, was agreed to. Jordan Moore (WI) Sessions Kagen Moran (KS) Kind Murphy, Tim Shays The result of the vote was announced Sestak King (IA) Murtha Shea-Porter Kanjorski Moran (VA) Shadegg King (NY) Musgrave Shimkus as above recorded. Kaptur Murphy (CT) Shays Kirk Myrick Shuler A motion to reconsider was laid on Kennedy Murphy, Patrick Shea-Porter Klein (FL) Nadler Shuster the table. Kildee Murphy, Tim Shimkus Kline (MN) Napolitano Simpson Kilpatrick Murtha Shuler Knollenberg Neugebauer Sires f Kind Musgrave Shuster Kucinich Nunes Skelton King (IA) Myrick Simpson Kuhl (NY) Oberstar Slaughter HONORING LIEUTENANT GENERAL King (NY) Nadler Sires LaHood Obey Smith (NE) RUSSEL L. HONORE Kirk Napolitano Skelton Klein (FL) Neugebauer Lamborn Olver Smith (NJ) Slaughter Kline (MN) Nunes Lampson Ortiz Smith (TX) The SPEAKER pro tempore. The un- Smith (NE) Knollenberg Oberstar Langevin Pallone Smith (WA) finished business is the vote on the mo- Smith (NJ) Kucinich Obey Larsen (WA) Pascrell Snyder Smith (TX) tion to suspend the rules and agree to Kuhl (NY) Olver Larson (CT) Pastor Solis the resolution, H. Res. 944, as amended, LaHood Ortiz Smith (WA) Latham Paul Souder on which the yeas and nays were or- Lamborn Pallone Snyder Latta Payne Stark Solis dered. Lampson Pascrell Lee Pearce Stearns Langevin Pastor Souder Levin Pence Stupak The Clerk read the title of the resolu- Larsen (WA) Paul Stark Lewis (GA) Perlmutter Sullivan tion. Larson (CT) Payne Stearns Lewis (KY) Peterson (MN) Sutton The SPEAKER pro tempore. The Latham Pearce Stupak Linder Petri Tancredo Latta Pence Sullivan Lipinski Pickering Tanner question is on the motion offered by Lee Perlmutter Sutton LoBiondo Pitts Tauscher the gentleman from Connecticut (Mr. Levin Peterson (MN) Tancredo Loebsack Poe Taylor COURTNEY) that the House suspend the Lewis (GA) Petri Tanner Lofgren, Zoe Porter Terry rules and agree to the resolution, H. Lewis (KY) Pickering Tauscher Lowey Price (GA) Thompson (CA) Res. 944, as amended. Linder Pitts Taylor Lynch Price (NC) Thompson (MS) Lipinski Poe Terry Mack Putnam Thornberry This will be a 5-minute vote. LoBiondo Porter Thompson (CA) Mahoney (FL) Radanovich Tiahrt The vote was taken by electronic de- Loebsack Price (GA) Thompson (MS) Maloney (NY) Rahall Tiberi vice, and there were—yeas 380, nays 0, Lofgren, Zoe Price (NC) Thornberry Lowey Putnam Manzullo Ramstad Tierney not voting 48, as follows: Tiahrt Markey Rangel Tsongas Lynch Radanovich Tiberi Marshall Regula Udall (NM) [Roll No. 71] Mack Rahall Tierney Mahoney (FL) Ramstad Matheson Rehberg Upton YEAS—380 Tsongas Maloney (NY) Rangel Matsui Reichert Van Hollen Udall (NM) Abercrombie Capps Eshoo Manzullo Regula McCarthy (CA) Renzi Vela´ zquez Upton Ackerman Cardoza Etheridge Markey Rehberg McCarthy (NY) Reyes Visclosky Van Hollen McCaul (TX) Richardson Akin Carney Everett Marshall Reichert Vela´ zquez Walberg Alexander Carter Fallin McCollum (MN) Rodriguez Matheson Renzi Visclosky Walden (OR) Altmire Castle Farr McCotter Rogers (AL) Matsui Reyes Walberg Walsh (NY) Andrews Castor Fattah McCrery Rogers (KY) McCarthy (CA) Richardson Walden (OR) Walz (MN) Arcuri Chabot Feeney McDermott Rogers (MI) McCarthy (NY) Rodriguez Walsh (NY) Wamp Baca Chandler Filner McCaul (TX) Rogers (AL) McGovern Rohrabacher Walz (MN) Wasserman Bachmann Clarke Flake McCollum (MN) Rogers (KY) McHenry Ros-Lehtinen Wamp Schultz Baird Clay Fortenberry McCotter Rogers (MI) McHugh Roskam Wasserman Waters Baldwin Cleaver Fossella McCrery Rohrabacher McIntyre Ross Schultz Watson Barrett (SC) Clyburn Foxx McDermott Ros-Lehtinen McKeon Rothman Waters Watt Barrow Coble Frank (MA) McGovern Roskam McMorris Roybal-Allard Watson Waxman Bartlett (MD) Cohen Franks (AZ) McHenry Ross Rodgers Royce Watt Weiner Barton (TX) Cole (OK) Frelinghuysen McHugh Rothman McNerney Ryan (OH) Waxman Welch (VT) Bean Conaway Garrett (NJ) McIntyre Roybal-Allard McNulty Ryan (WI) Becerra Conyers Giffords Weiner Weller McKeon Royce Meek (FL) Salazar Berkley Cooper Gillibrand Welch (VT) Westmoreland McMorris Ryan (OH) Meeks (NY) Sali Berman Costa Gingrey Weller Wexler Rodgers Ryan (WI) Melancon Sa´ nchez, Linda Berry Costello Gohmert Westmoreland Whitfield (KY) McNerney Salazar Mica T. Biggert Courtney Gonzalez Wexler Wilson (NM) McNulty Sali Michaud Sanchez, Loretta Bilbray Cramer Goode ´ Whitfield (KY) Wilson (OH) Meek (FL) Sanchez, Linda Miller (FL) Sarbanes Bilirakis Crenshaw Goodlatte Meeks (NY) T. Wilson (NM) Wilson (SC) Miller (MI) Saxton Bishop (NY) Crowley Gordon Melancon Sanchez, Loretta Wilson (OH) Wittman (VA) Miller (NC) Schakowsky Bishop (UT) Cubin Granger Mica Sarbanes Wilson (SC) Wolf Blackburn Cuellar Miller, Gary Schiff Green, Al Michaud Saxton Wittman (VA) Wu Blumenauer Culberson Green, Gene Miller, George Schmidt Miller (FL) Schakowsky Wolf Blunt Cummings Hall (NY) Mitchell Schwartz Wynn Miller (MI) Schiff Wu Boehner Davis (AL) Hare Mollohan Scott (GA) Yarmuth Miller (NC) Schmidt Wynn Bonner Davis (CA) Harman Moore (KS) Scott (VA) Miller, Gary Schwartz Yarmuth Bono Mack Davis (IL) Hastings (FL) Boozman Davis (KY) Hayes NOT VOTING—48 Boren Davis, David Heller NOT VOTING—48 Aderholt Hall (TX) Pomeroy Boswell Davis, Lincoln Hensarling Aderholt Hall (TX) Pomeroy Allen Hastings (WA) Pryce (OH) Boucher Davis, Tom Herger Allen Hastings (WA) Pryce (OH) Bachus Herseth Sandlin Reynolds Boustany Deal (GA) Higgins Bachus Herseth Sandlin Reynolds Bishop (GA) Hinojosa Ruppersberger Boyd (FL) DeFazio Hill Bishop (GA) Hinojosa Ruppersberger Capuano Hulshof Rush Boyda (KS) DeGette Hinchey Capuano Hulshof Rush Carnahan Hunter Sherman Brady (PA) Delahunt Hirono Carnahan Hunter Sherman Brady (TX) DeLauro Hobson Doolittle Keller Space Doolittle Keller Space Braley (IA) Dent Hodes Edwards Kingston Spratt Edwards Kingston Spratt Ellison LaTourette Broun (GA) Diaz-Balart, L. Hoekstra Ellison LaTourette Towns Towns Ferguson Lewis (CA) Brown (SC) Diaz-Balart, M. Holden Ferguson Lewis (CA) Turner Turner Forbes Lucas Brown, Corrine Dicks Holt Forbes Lucas Udall (CO) Udall (CO) Gallegly Lungren, Daniel Brown-Waite, Dingell Honda Gallegly Lungren, Daniel Gerlach E. Weldon (FL) Ginny Doggett Hooley Gerlach E. Weldon (FL) Gilchrest Marchant Woolsey Buchanan Donnelly Hoyer Gilchrest Marchant Woolsey Graves Neal (MA) Young (AK) Burgess Doyle Inglis (SC) Graves Neal (MA) Young (AK) Grijalva Peterson (PA) Young (FL) Burton (IN) Drake Inslee Grijalva Peterson (PA) Young (FL) Gutierrez Platts Butterfield Dreier Israel Gutierrez Platts Buyer Duncan Issa ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Calvert Ehlers Jackson (IL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp (MI) Ellsworth Jackson-Lee The SPEAKER pro tempore (during Campbell (CA) Emanuel (TX) The SPEAKER pro tempore (during Cannon Emerson Jefferson the vote). Members have 2 minutes re- Cantor Engel Johnson (GA) the vote). Members are advised 2 min- maining in this vote. Capito English (PA) Johnson (IL) utes remain in this vote.

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1016 CONGRESSIONAL RECORD — HOUSE February 25, 2008 b 1919 The late chairwoman, Juanita far the best procedure that has been de- So (two-thirds being in the affirma- Millender-McDonald, established a veloped and can help serve as a model tive) the rules were suspended and the task force to investigate this contested for future decisions of this sort. resolution, as amended, was agreed to. election in which over 18,000 ballots did I congratulate the two gentlemen be- The result of the vote was announced not show a vote cast in the United fore you, who, representing the major- as above recorded. States congressional race in Sarasota ity and the minority, did the yeoman’s A motion to reconsider was laid on County, Florida. The task force con- work on investigating the issue, decid- the table. sisted of Representative ZOE LOFGREN ing to pull in the Government Account- and Representative KEVIN MCCARTHY of ability Office, which I think was a good f California, and I had the honor of serv- addition to the entire process. A care- PERSONAL EXPLANATION ing as the Chair of the task force. ful examination has made it very clear Mr. ELLISON. Madam Speaker, on Feb- After the task force established the that there was nothing wrong with the ruary 25, 2008, if I were present, I would have need to conduct an investigation, every voting machines in this particular voted ‘‘yea’’ on rollcall Nos. 69, 70, and 71. vote by the task force to determine the election; and, therefore, the contest- scope and direction in the investiga- ant’s claims that the undervote was f tion was, in fact, unanimous. caused by faulty machines is just not DISMISSING THE ELECTION CON- I want to thank the members of the valid. TEST RELATING TO THE OFFICE task force for their dedication to the What the real reasons were, we will OF REPRESENTATIVE FROM THE investigation and the Government Ac- never know. It could have been ballot 13TH CONGRESSIONAL DISTRICT countability Office for a systematic in- design. It could be several other factors OF FLORIDA vestigation of the voting equipment. I that we have considered. Mr. GONZALEZ. Madam Speaker, I would also like to thank both the ma- But the simple fact is that Mr. BU- ask unanimous consent that it shall be jority and the minority staffs, along CHANAN did win the election, and the in order at any time to consider in the with the House recording studio. results of our vote tonight will dem- House, House Resolution 989; that the The task force authorized the GAO to onstrate that. He did, in fact, win the resolution shall be considered as read; investigate whether the voting ma- election and will remain as a Member and that the previous question shall be chines used in Sarasota County con- of the Congress. considered as ordered on the resolution tributed to the unusually high number I want to once again compliment the to its adoption without intervening of undervotes. The task force also di- individuals here. Chairman GONZALEZ motion except 10 minutes of debate rected the GAO to evaluate whether of the task force was eminently fair, equally divided and controlled by the additional testing was needed. After thorough, and complete in all his eval- chairman and the ranking minority the GAO recommended further testing uations and discussions. Mr. MCCAR- member of the Committee on House in October, the task force directed the THY, in his first time on an assignment Administration, or their designees. GAO to design and execute testing to of this sort, has carried it out very The SPEAKER pro tempore. Is there determine the reliability of the Sara- carefully, very thoroughly and contrib- objection to the request of the gen- sota voting equipment. uted a great deal to the discussions and tleman from Texas? The GAO presented its final findings the decisions. There was no objection. to the task force on February 8, 2008, I am just very proud that the House Mr. GONZALEZ. Madam Speaker, when the GAO reported the Sarasota Administration Committee has com- pursuant to the previous order, I call County voting machines did not con- pleted this task which can be, I can as- up House Resolution 989 and ask for its tribute to the large undervote in the sure you, a very onerous and difficult immediate consideration in the House. congressional race for the 13th District task; but the committee has completed The Clerk read the title of the resolu- of Florida. it very competently, thoroughly and tion. The GAO acknowledged that the fairly; and the result, I believe, is be- The text of the resolution is as fol- undervote could have been caused by yond question. This will serve as a model for future lows: other elements, such as voters who in- tentionally did not vote in the race or situations of this sort. H. RES. 989 voters who unintentionally did not Mr. GONZALEZ. Madam Speaker, I Resolved, That the election contest relating cast their ballots because of poor ballot reserve the balance of my time. to the office of Representative from the design. Mr. MCCARTHY of California. Thirteenth Congressional District of Florida Madam Speaker, I rise today in support is dismissed. However, because the contestant’s central argument claimed voting ma- of this resolution to dismiss the elec- The SPEAKER pro tempore. Pursu- chine malfunction caused the abnormal tion contest related to the results of ant to the order of the House of today, undervote, the GAO’s analysis was lim- the 13th Congressional District of Flor- the gentleman from Texas (Mr. GON- ited to the voting machine malfunction ida race in 2006. ZALEZ) and the gentleman from Cali- issue. Due to the GAO’s determination Madam Speaker, I want to congratu- fornia (Mr. MCCARTHY) each will con- with a high degree of certainty that late the chairman of this task force, trol 5 minutes. the voting machines did not cause the Mr. GONZALEZ. It was a three-member The Chair recognizes the gentleman undervote, the task force unanimously task force with Congresswoman ZOE from Texas. recommended to the full committee, LOFGREN and myself. Every bit of this GENERAL LEAVE and the full committee has unani- contest, as we went through studying Mr. GONZALEZ. Madam Speaker, I mously recommended to the House, it and spent the hours on it, was a would ask unanimous consent that all that the contest be dismissed. unanimous decision. This was a bipar- Members have 5 legislative days to re- I urge Members to vote in favor of tisan movement, a bipartisan inves- vise and extend their remarks in the this resolution. tigation; and I just want to thank the RECORD on this resolution. Madam Speaker, I reserve the bal- chairman for his professionalism, his The SPEAKER pro tempore. Is there ance of my time. respect and the ethics in which he car- objection to the request of the gen- Mr. MCCARTHY of California. ried this out. tleman from Texas? Madam Speaker, I yield 3 minutes to In my former life, I was actually a There was no objection. the ranking Republican on the full staff member to a former chairman of Mr. GONZALEZ. Madam Speaker, I committee, the gentleman from Michi- House Administration, and I was an in- yield myself as much time as I may gan (Mr. EHLERS). dividual that investigated some con- consume. Mr. EHLERS. I thank the gentleman testant elections. I will tell you this is On February 12, the Committee on for yielding. probably the most thorough investiga- House Administration unanimously Madam Speaker, this is the third tion we have seen. recommended dismissal of the election time I have served or been involved We knew after the last election that contest relating to the 13th Congres- with a task force dealing with con- there were races in this body that were sional District of Florida. tested elections, and I believe this is by even closer, within 100 votes; and we

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1017 did not contest those as they went. But Last week, the GAO presented its findings true community service of Richard we wanted to make sure, as Christine and conclusions to the task force. They found Johnson, Jr., and I proudly thank him Jennings moved this debate and this that the Sarasota County voting machines did for those he has served in his State and argument, as we were going through, not contribute to the large undervote in the in his Nation. that we looked at every single one. Congressional race for the 13th District of f I want to thank the State of Florida. Florida. The GAO acknowledged that the ATPA EXTENSION Before we even went to study it, they undervote could have been caused by voters went through analyzing all the ma- who chose not vote for that race, or by voters (Ms. ROS-LEHTINEN asked and was chines. We had the GAO look at every who did not properly cast their ballots because given permission to address the House ability of the machines, even miscalcu- of poor ballot design. In any case, the ma- for 1 minute and to revise and extend lating the machines as they came for- chines were not the culprits. Since that time, her remarks.) ward to make sure they were still cor- some groups have attacked the GAO study as Ms. ROS-LEHTINEN. Madam Speak- rect. imprecise for a host of speculative reasons. er, extending the existing Andean The American public can be very However, the Contestant’s central argument in Trade Preference Act for Colombia, proud to know that every vote in the the election contest before the committee was Peru, Bolivia, and Ecuador through 13th District was counted. The out- that voting machine malfunction caused the 2008 is a necessary measure, but one come was correct, and Congressman abnormal undervote, and GAO’s focus of anal- that only goes halfway. It cannot sub- VERN BUCHANAN was elected on that ysis was directed solely to the voting machine stitute for passage of the Colombia day and still elected today. I want to malfunction issue. Free Trade Agreement, which is of cen- congratulate the work that was done Under the Federal Contested Election Act, a tral importance in defending critical by the task force. Contestant must submit allegations that, if U.S. strategic interests in the region. Madam Speaker, I yield back the bal- proven, would have altered the election out- Colombia has been an indispensable ance of my time. come. The task force and the Committee on ally in the fight to keep drugs off Mr. GONZALEZ. Madam Speaker, I House Administration have conducted a thor- American streets, and it has success- just do want to have some parting ough investigation and believe that the find- fully battled armies of narcoterrorists words to the members of the task ings of the GAO are compelling. Therefore, even as it has consolidated its democ- force, Congresswoman ZOE LOFGREN, the Contestant’s argument that malfunctioning racy. It is a steadfast partner in an in- and, of course, my colleague from Cali- electronic voting machines caused the 18,000 creasingly unstable region where en- fornia, Congressman MCCARTHY, be- undervote in Sarasota County was not sup- emies of the United States and stra- cause they really worked very hard. As ported. For this reason, I urge members to tegic competitors are making rapid ad- I indicated, all decisions were unani- support to passage of House Resolution 989 vances. mous, which made the process go to dismiss this election contest. But the strongest argument for the smoothly. Mr. GONZALEZ. Madam Speaker, I Colombian Free Trade Agreement is I also want to recognize Congressman yield back the balance of my time. that although it would benefit Colom- DAN LUNGREN from California, who is The SPEAKER pro tempore. All time bia enormously, it would benefit the not an official member of the task for debate has expired. United States even more. Those op- force but was present during some of Pursuant to the order of the House of posed to the Colombia FTA do not un- the briefings and was very instructive. today, the resolution is considered read derstand that the existing trade pref- The last thought is, of course, that and the previous question is ordered. erences give Colombian businesses easy the task force and the full committee The question is on the resolution. access to U.S. markets but do nothing simply were acknowledging the respon- The resolution was agreed to. about giving U.S. businesses greater sibility that is laid before this body, A motion to reconsider was laid on access to Colombia’s markets. and that is to determine the qualifica- the table. Madam Speaker, only the free trade tions and who actually will sit and agreement can do that. Let us pass it take the oath and have the great privi- f soon. lege of joining us here in what is often b 1930 f referred to as the people’s House. HONORING RICHARD JOHNSON, JR. SPECIAL ORDERS Mr. BRADY of Pennsylvania. Madam Speaker, I rise in support of House Resolution (Mr. BARRETT of South Carolina The SPEAKER pro tempore. Under 989. asked and was given permission to ad- the Speaker’s announced policy of Jan- Madam Speaker, on February 12th the dress the House for 1 minute.) uary 18, 2007, and under a previous Committee on House Administration unani- Mr. BARRETT of South Carolina. order of the House, the following Mem- mously recommended dismissal of the election Madam Speaker, community volun- bers will be recognized for 5 minutes contest relating to the 13th Congressional dis- teers run our school boards, our civil each. trict of Florida. The late Chairwoman Juanita centers, help with youth programs, and f Millender-McDonald had established a task assist our hospitals. They make a dif- The SPEAKER pro tempore. Under a force to investigative this contest election in ference to so many and ask for nothing previous order of the House, the gen- which over 18,000 ballots did not show a vote more than an opportunity to give. tleman from Oregon (Mr. DEFAZIO) is cast for the U.S. Congressional race in Sara- Richard Johnson, Jr., is not your av- recognized for 5 minutes. sota County, Florida. Former judge, and our erage community volunteer, and dur- (Mr. DEFAZIO addressed the House. colleague, Representative CHARLES GONZALEZ ing Black History Month, I would like His remarks will appear hereafter in was appointed Chair, along with Representa- to honor him for his dedication to serv- the Extensions of Remarks.) tives LOFGREN and MCCARTHY as members of ice. A community activist and well- f the task force. After the task force established known civil volunteer, Richard has de- the need to investigate, every vote to deter- voted his spare time to promote edu- WRONG DIRECTION mine the scope and direction of the investiga- cation, health care, and politics around The SPEAKER pro tempore. Under a tion was unanimous. the Aiken area. previous order of the House, the gentle- The task force engaged the Government He is not only a volunteer to his re- woman from Ohio (Ms. KAPTUR) is rec- Accountability Office (GAO) to explore whether gion, he has also served his Nation in ognized for 5 minutes. the voting machines used in Sarasota County the United States Army and is a mem- Ms. KAPTUR. Madam Speaker, the contributed to the unusually high number of ber of the Korean War Veterans Asso- favorite question of political pollsters undervotes. GAO also was instructed to as- ciation. of late is the benchmark right direc- sess whether additional voting machines test- Each of the boards Richard serves, tion/wrong direction question: ‘‘Do you ing was needed. When GAO recommended councils he governs, and committees he think our country is headed in the further testing in October 2007, the task force chairs, bears the benefit of his knowl- right direction or the wrong direc- directed the GAO to design and execute test- edge, commitment, and experience. tion?’’ ing protocols to determine the reliability of the During this month, our Third Dis- This year, most people say ‘‘wrong Sarasota County voting equipment. trict of South Carolina recognizes the direction,’’ and the reason is because

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1018 CONGRESSIONAL RECORD — HOUSE February 25, 2008 our jobs are headed in the wrong direc- from everywhere in the world: China, According to the U.S. Bureau of Labor Sta- tion. There is a new report out by Mexico, Indonesia, and Malaysia. The tistics, manufacturing employment in Ohio AMTAC, the American Manufacturing U.S. imported $1.37 trillion in manufac- dropped from 1.01 million jobs at the end of Trade Action Coalition, that details tured goods in 2007 alone, and we in- 2000 to 777,200 at the end of 2007. That loss the extent of the job loss in Ohio, the curred a trade deficit in manufacturing of 236,000 manufacturing jobs represents a State I represent, just since 2000. of half a trillion dollars. This is not the 23.3 percent decline in employment. The job washout in Ohio over the hallmark of a strong economy. This is Put another way, almost a quarter of the past 7 years is the worst since the not characteristic of an independent manufacturing jobs in Ohio have disappeared Great Depression. The damage to people. And Communist China ac- in the past seven years. Ohio’s economy has been concentrated counted for more than 50 percent of Only three of Ohio’s metropolitan areas in the manufacturing sector. Our farm- that half-trillion-dollar deficit in man- added jobs over the past 3 years and none of ers are currently enjoying record high ufactured goods. them even matched the 4.3 percent overall prices for corn, soybeans, wheat, and According to AMTAC, America can’t U.S. job growth (which, by the way, is the eggs. keep running on its China credit card weakest 7-year period since the mid–1940’s But manufacturing is a different to buy foreign manufactured goods. We demobilization from World War II). story. It is the story of lost strength need to make things here. We need to Akron has the best recent record in Ohio, and of lost independence. It is the story be a production economy, not just a fi- adding 4.1 percent to its job base. Then came of one of America’s largest States tee- nance economy. We have to restart our Cincinnati and Columbus (2 percent or less). tering on the precipice. And the situa- manufacturing engine. Here are the job casualties in Ohio by Met- According to Dr. McMillion, the au- tion in Michigan is even more dire. ropolitan Statistical Area: thor of the AMTAC report, the jobs Our Nation has lost 3.4 million jobs Cleveland/Elyria/Mentor: 48,800 manufac- data tell only one important part of in manufacturing and another 700,000 turing jobs; Cincinnati/Middletown: 27,100 Ohio’s past-7-year economic story, yet in the information sector since the be- manufacturing jobs; Dayton: 25,100 manufac- these record job losses bear strong wit- ginning of the Bush administration. In turing jobs—one of the worst hit cities; Colum- ness to the depressing effects of record the past 7 years, total nonfarm employ- bus: 24,700 manufacturing jobs; Toledo: trade deficits and the loss of U.S. pro- ment in Ohio has declined by 3.7 per- 14,100 manufacturing jobs; Youngstown/War- duction that they represent. Another cent, a loss of over 209,400 jobs, accord- ren: 14,000 manufacturing jobs; Canton/ ing to Dr. Charles McMillion, author of key part of Ohio’s past-7-year economic history is the unprecedented level of Massillon: 13,200 manufacturing jobs; Akron: the report. In the manufacturing sec- 10,100 manufacturing jobs; Springfield: 6,000 tor, Ohio has lost over 236,000 jobs, household and Federal debt that even in Ohio played a vital role in moder- manufacturing jobs—the hardest hit city in most of those good-paying jobs with Ohio; Mansfield: 4,300 manufacturing jobs; good benefits. ating the effects of import competition, outsourcing, and job loss. With Lima: 3,900 manufacturing jobs; Steubenville/ According to the Bureau of Labor Weirton, West Virginia: 3,800 manufacturing Statistics, manufacturing employment the soaring engine of household debt now sputtering and debt service pay- jobs; and Sandusky: 3,500 manufacturing in Ohio dropped from 1 million jobs at jobs. the end of 2000 to 777,200 jobs at the end ments rising, strong industrial and trade policies seem urgently needed to There you have it. of 2007. That loss of 236,000 manufac- That’s why people in Ohio say the country’s turing jobs represents a 23.3 percent halt Ohio’s further decline. The candidates coming through Ohio headed in the wrong direction. drop in employment. And why is this happening? Why has Ohio Put another way, almost a quarter of keep wondering: What do Ohioans care lost more than a quarter of a million manufac- the manufacturing jobs in Ohio have about? They care about job creation in turing jobs? disappeared in the last 7 years. Only the United States of America. They The main reason, according to Auggie three of Ohio’s metropolitan areas care about exporting goods, not jobs. Tantillo, executive director of AMTAC, is the added jobs over the past 3 years, and They care about independence for Bush administration’s failed trade policies and none of them even matched the 4.3 per- America and the future of good jobs a flood of imported products from China and cent overall U.S. job growth, which, by with good wages. other low-wage countries. the way, is the weakest 7-year period The favorite question of political pollsters is The U.S. imported $1.37/trillion in manufac- since the mid-1940s demobilization the benchmark right direction/wrong direction tured goods in 2007, according to the report. after World War II. question. ‘‘Do you think the country is headed The U.S. incurred a trade deficit in manufac- Akron has the best recent record in in the right direction or wrong direction.’’ turing of $499 billion. That is not the hallmark Ohio, adding 4.1 percent to its job base. This year, most people say ‘‘wrong direc- of a strong economy. That is not the char- Then came Cincinnati and Columbus at tion,’’ and the reason is because our jobs are acteristic of an independent people. 2 percent or less. I am going to place in headed in the wrong direction. There’s a new report out by the American And Communist China accounted for more the RECORD the job casualties in Ohio Manufacturing Trade Action Coalition than 50 percent of that half-trillion-dollar deficit by metropolitan statistical area, and I (AMTAC) that details the extent of the job loss in manufactured goods. would invite all of the candidates run- in Ohio since 2000. According to AMTAC, America can’t keep ning for President to get off of their The job washout in Ohio over the past 7 running up its ‘China credit card’ to buy for- high horses and all these stage crowd years is the worst since the Great Depression. eign manufactured goods. We need to make rallies and come to us, to travel with The damage to Ohio’s economy has been things here. We need to be a production econ- the delegation from Ohio to places like concentrated in the manufacturing sector. Our omy, not just a finance economy. We have to Cleveland, Elyria, and Mentor which farmers are currently enjoying record high restart our manufacturing engine. have lost over 48,800 manufacturing prices for corn, soybeans, wheat and eggs. According to Dr. McMillion, author of the jobs. Or to Youngstown/Warren that But manufacturing is a different story. It’s AMTAC report: has lost over 14,000; or to Steubenville/ the story of lost strength and the loss of inde- Weirton, West Virginia, over 3,800 jobs; The jobs data tell only one important part pendence. It is the story of one of America’s of Ohio’s past seven year economic story. or to Sandusky, which I represent, hav- largest states, teetering on the precipice. (And Yet these record job losses bare strong wit- ing lost 3,500 manufacturing jobs. the situation in Michigan is even more dire.) ness to the depressing effects of record trade There you have it. That’s why people Our Nation has lost 3.4 million jobs in man- deficits and the loss of US production that in Ohio say the country is headed in ufacturing and another 700,000 in the informa- they represent. Another key part of Ohio’s the wrong direction. And why is this tion sector since the beginning of the Bush ad- past seven year economic history is the un- happening, why has Ohio lost more ministration. precedented levels of household and federal than a quarter of a million manufac- In the past 7 years, total non-farm employ- debt stimulus that—even in Ohio—played a turing jobs? The main reason, accord- ment in Ohio has declined by 3.7 percent, a vital role in moderating the effects of import ing to Auggie Tantillo, executive direc- competition, outsourcing and job loss. With loss of 209,400 jobs, according to Dr. Charles the soaring engine of household debt now tor of AMTAC, is the Bush administra- McMillion, author of the report. sputtering and debt service payments rising, tion’s failed trade policies, and I might In the manufacturing sector, Ohio has lost strong industrial and trade policies seem ur- say the prior administration’s as well, 236,000 jobs—many of them good paying jobs gently needed to halt Ohio’s further de- and the flood of imported products with good benefits. cline.’’

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1019 The SPEAKER pro tempore. Under a prayers are with the agents and their the first charity dance ever held at the previous order of the House, the gen- families. It is my hope that the judge’s school, and helped raise awareness, and tleman from Texas (Mr. POE) is recog- decision will rectify this gross mis- over $1,000, with over $5,000 more con- nized for 5 minutes. carriage of justice, and faith in our ju- tributed by the community. (Mr. POE addressed the House. His dicial system may be restored. Gene Marks, of Northbrook, realized remarks will appear hereafter in the Madam Speaker, before I close to- that many Latinos in the 10th Congres- Extensions of Remarks.) night, I would like to say to the fami- sional District come from only three f lies of Agents Ramos and Compean villages in Mexico: La Luz, Tonatico, that many of us here in the House of and San Jose. Last year Northbrook AGENTS RAMOS AND COMPEAN Representatives of both parties have purchased a new ambulance for the The SPEAKER pro tempore. Under a not forgotten this injustice that has Fire Department, and instead of scrap- previous order of the House, the gen- befallen your families, and we promise ping the fully operational older ambu- tleman from North Carolina (Mr. to do our best to see the injustice be- lance, Gene contacted my office and ar- JONES) is recognized for 5 minutes. come a justice for the Compean and ranged with our Latino Advisory Board Mr. JONES of North Carolina. Ramos families. member, Miguel Arizmendi, to donate Madam Speaker, today is day 404 of in- f this ambulance to Tonatico, Mexico, carceration for two former United the first ambulance they will ever States Border Patrol agents. Agents b 1945 have, where it will benefit thousands. Ramos and Compean were convicted in TEN AMERICANS SHOWING AMER- Connie Duckworth, of Lake Forest, March of 2006 for shooting a Mexican ICA’S BEST FACE FROM THE after retiring as a partner and the drug smuggler who brought 743 pounds 10TH DISTRICT managing director of Goldman Sachs, of marijuana across our border into she founded Arzu to better the lives of Texas. The SPEAKER pro tempore. Under a Afghan women. This nonprofit group These two decorated Border Patrol previous order of the House, the gen- provides sustainable incomes and ac- agents who were doing their duty to tleman from Illinois (Mr. KIRK) is rec- cess to education for many women in protect the American people from an ognized for 5 minutes. Afghanistan by selling homemade rugs illegal alien drug smuggler have now Mr. KIRK. Madam Speaker, I’d like here in the United States. served more than a year of their 11- to talk about 10 Americans showing The Fred Outa Foundation in North- and 12-year prison sentences. America’s best face from the 10th Con- brook, in 2006 Susan Vaickauski of On December 3, 2007, the Fifth United gressional district. Today I rise to Northbrook and Maryann Gibbs of States Circuit Court of Appeals in New honor 10 very special individuals from Gurnee founded this foundation to Orleans heard oral arguments for the my congressional district who are raise money for a girls school in agents’ appeal. During the hearing, one making a difference for the United Kenya. The foundation provides school of the three judges on the case, Judge States overseas. These ‘‘Ten for the supplies, food and medicines, all for E. Grady Jolly, said, ‘‘It does seem to Tenth’’ go beyond dedicating them- Fred Outa’s school in Kenya. me that the government overreacted selves to building a stronger commu- The International Sharing Ministry here. For some reason, this one got out nity here, but also show the best face in Libertyville was created by of hand.’’ A ruling on their appeal is and values of America overseas. Libertyville’s St. Joseph’s parish in now expected any day, and the Amer- Marillyn Tallman, from Highland 2005 to build an elementary school for ican people are anxiously awaiting the Park, has been working for more than the children of Mailisita in Tanzania. result. 60 years, leading the fight against anti- Additionally, the organization is now Many of us in Congress and millions Semitism. After a trip to the Soviet building a guest house in Moshi to gen- of American citizens feel that the Union in 1968, Marillyn joined Chicago erate revenue for people traveling in United States Attorney’s Office in the Action for Soviet Jewry to fight the country or climbing Mt. Kiliman- Western District of Texas was not jus- human rights violations against Jews. jaro. To date, they have raised over tified in indicting these agents. Since 1972, the Highland Park-based $100,000 and built five classrooms al- Nothing can erase the suffering these Chicago Action has been a vocal advo- ready. agents have undergone and the many cate for the third largest Jewish com- Pastor Stackhouse of Waukegan, who months they have spent in prison away munity in the world, sponsoring fact- from May 2007 to July 2007 led his from their families. However, a judg- finding missions, linking synagogues church members at Sign of the Dove ment in favor of Ramos and Compean with communities in the former Soviet Church in Waukegan and North Chi- in this appeal would be the first act of Union, and pressing for legislative ac- cago to institute a water system and justice these agents have seen since tion. clean rainwater for local residents in their arrest. Lori Dillon, from Lake Forest, works Masaka, Uganda. This is notable be- Madam Speaker, the injustice of this closely with Eric Peasah at the cause his community of South Wau- case should not go unexamined. A num- Counter Trafficking Center to support kegan and North Chicago is a lower-in- ber of days ago, I hand-delivered a let- the rescued children sold into child come community. But they are rep- ter to JOHN CONYERS, the chairman of labor in Ghana. They have been work- resenting the United States very well the House Judiciary Committee and a ing to save hundreds of trafficked chil- overseas. man I greatly respect, to request a dren. Lori started a pen pal program Wendy Abrams of Highland Park is hearing on this case. There have been where children in the Lake Forest com- one of the leaders in the fight against many letters sent to the White House munity write to rescued children in climate change. Wendy developed and by Members of Congress and the Amer- Ghana offering support. She also start- implemented Chicago’s ‘‘Cool Globes’’ ican people calling on the President to ed a child trafficking awareness initia- art and public awareness exhibit along pardon these agents. As of this time, tive at the Deerpath Middle School and the lake front. In conjunction with the the White House has not even re- Lake Forest High School where her city, 123 five-foot-tall globes were de- sponded to any of these calls from the daughter, Claire, is a sophomore. signed for artists on environmental American people. That is why it is crit- Zack Harris, of Glencoe, was a New themes to raise awareness about reduc- ical that Chairman CONYERS hold hear- Trier freshman when he learned about ing our carbon footprint. ings to examine the injustice. The and studied the conflict in Darfur, and The COVE Alliance of Indian Creek, comments by the appeals judge are jus- he became determined to help. As an in April 2005 formed a nonprofit organi- tification enough for the House Judici- 8th-grade student and president of the zation serving orphaned and vulnerable ary Committee to review this case to Central School in Glencoe, he orga- children in central Uganda. Parish- determine exactly why this case ‘‘got nized a ‘‘Dance for Darfur,’’ a fund- ioners are actively involved in fund- out of hand.’’ raiser for the Luol Deng Foundation, raising, as well as mission trips to Madam Speaker, as the American which works with the World Food Pro- Kapeeka, Uganda. people eagerly await a ruling by the gram in Darfur, to assist in food dis- Finally, an honorable mention to Dr. Fifth Circuit Court of Appeals, my tribution. The ‘‘Dance For Darfur’’ was Wayne Goldstein, who is a doctor to

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1020 CONGRESSIONAL RECORD — HOUSE February 25, 2008 doctors in Sierra Leone. These 10, with con of hope for the entire world. It is is very promising. The leading researchers in an honorable mention, 11 Americans, who we are. this field firmly believe a cure for Glanzmann’s have led the best face of the United And yet, Madam Speaker, another Thrombasthenia can be found through current States overseas from my congressional day has passed and we in this body ongoing research. With proper funding, district. have failed again to honor that Glanzmann’s could be controllable in the fore- f foundational commitment. We’ve failed seeable future, and some suggest as soon as our sworn oath and our God-given re- 10 years from now. SUNSET MEMORIAL sponsibility as we broke faith with A young constituent of mine who lives in The SPEAKER pro tempore. Under a nearly 4,000 more innocent American Augusta, Georgia, suffers from Glanzmann’s previous order of the House, the gen- babies who died today without the pro- Thrombasthenia. Julia Smith is only 9 years tleman from Arizona (Mr. FRANKS) is tection we should have given them. old and every day lives and deals with the re- recognized for 5 minutes. But perhaps tonight, Madam Speak- alities of her disorder. When Julia was born, Mr. FRANKS of Arizona. Madam er, maybe someone who hears this sun- she was covered in bruises, but blood tests Speaker, I once again stand before this set memorial will finally realize that came back normal. Doctors assured her par- body with yet another sunset memo- abortion really does kill little babies, ents that the bruising was just the result of a rial. It is February 25, 2008, in the land and that it hurts mothers in ways that difficult delivery. When Julia was 6 weeks old, of the free and the home of the brave, we can never express, and that 12,817 she got a tiny scratch on her cheek; this small and before the sun set in America, al- days spent killing nearly 50 million un- scratch bled enough to cover her entire face most 4,000 more defenseless unborn born children in America is enough, in blood and saturate her sheets. After this in- children were killed by abortion on de- and that America, that same America cident, Julia’s mother, Helen, took her to the mand just today. That is more than the that rejected human slavery and Medical College of Georgia in Augusta and number of innocent Americans lost in marched into Europe to arrest the Nazi asked that tests be run to find out what was September 11’s tragedy, only it hap- Holocaust is still courageous and com- wrong with her daughter. After countless tests pens every day. passionate enough to find a better way and consultations, the Medical College of Madam Speaker, it has now been ex- for mothers and their babies than abor- Georgia’s Children’s Medical Center physi- actly 12,817 days since the travesty tion on demand. cians diagnosed Julia with Glanzmann’s called Roe v. Wade was handed down. So tonight, Madam Speaker, may we Thrombasthenia. Since then the very foundation of this each remind ourselves that our own Frantic for information that could save her Nation has been stained by the blood of days in this sunshine of life are also daughter, Mrs. Smith attempted to research almost 50 million of its own children. numbered, and that all too soon each the disorder, and was frustrated and disheart- Some of them, Madam Speaker, cried one of us will walk from these Cham- ened by the lack of available information. She and screamed as they died, but because bers for the very last time. And if it began to put her name and information on it was amniotic fluid passing over the should be that this Congress is allowed internet registries for individuals suffering from vocal cords instead of air, we couldn’t to convene on yet another day to come, other disorders, hoping that someone who had hear them. may that be the day when we finally similar symptoms would make contact with All of them had at least four things hear the cries of the innocent unborn. her. She found numerous cases of people in common. They were each just little May that be the day when we find the equally distraught, seeking information for babies who had done nothing wrong to humanity, the courage, and the will to themselves or their loved one who was deal- anyone. Each one of them died a name- embrace together our human and our ing with the same misdiagnosed disorder. This less and lonely death. And each of their constitutional duty, to protect these, realization, along with a small contribution mothers, whether she realizes it imme- the least of our tiny little brothers and from the grandmother of a Glanzmann’s suf- diately or not, will never be the same. sisters, from this murderous scourge ferer who wanted to donate money to help And all the gifts these children might called abortion on demand. others, compelled Mrs. Smith to begin the have brought to humanity are now lost It is February 25, 2008, Madam Speak- Glanzmann’s Research Foundation in 2001. forever. er, 12,817 days since Roe v. Wade first This non-profit foundation is the focal point for Yet, even in the full glare of such stained the foundation of this Nation information to others in need and the sole tragedy, this generation clings to a with the blood of its own children. This source for funding the ongoing research ef- blind invincible ignorance while his- in the land of the free and the home of forts that will lead to a cure. Mrs. Smith is truly tory repeats itself and our own silent the brave. a mother on a mission. genocide mercilessly annihilates the f Augusta, Georgia, holds a special place in most helpless of all victims yet to date, my heart. I graduated from the Medical Col- GLANZMANN’S RESOLUTION those unborn. lege of Georgia in Augusta in 1971, and I am Madam Speaker, perhaps it’s impor- The SPEAKER pro tempore. Under a proud to have begun my medical career there. tant for those of us in this Chamber to previous order of the House, the gen- I am delighted to represent a city that con- remind ourselves again of why we are tleman from Georgia (Mr. BROUN) is tains, not only the Glanzmann’s Research really all here. Thomas Jefferson said: recognized for 5 minutes. Foundation, which is quite significant in its ‘‘The care of human life and its happi- Mr. BROUN of Georgia. Madam Speaker, I own right, but also the preeminent public med- ness and not its destruction is the chief rise today to present a resolution promoting ical college in the southeast, the Medical Col- and only object of good government.’’ awareness of Glanzmann’s Thrombasthenia, a lege of Georgia. The phrase in the 14th amendment little known, yet debilitating disorder that af- To promote awareness for Glanzmann’s capsulizes our entire Constitution. It fects numerous Americans every day. Thrombasthenia, March 1 has been rec- says: ‘‘No state shall deprive any per- Glanzmann’s Thrombasthenia is a genetic ommended as the day to establish a National son of life, liberty or property without blood disorder that is inherited, putting chil- Glanzmann’s Thrombasthenia Awareness due process of law.’’ dren and young adults at risk. Leading physi- Day. This date was chosen to coincide with Madam Speaker, protecting the lives cians report that Glanzmann’s Thrombasthenia the Glanzmann’s Research Foundation’s an- of our innocent citizens and their con- presents many symptoms that are often mis- nual fundraiser. stitutional rights is why we are all taken for other bleeding disorders. This, along f here. It is our sworn oath. with the lack of information on the disorder The bedrock foundation of this Re- itself, has caused Glanzmann’s to be fre- EXPIRATION OF THE PROTECT public is that clarion declaration of the quently misdiagnosed. People with AMERICA ACT self-evident truth that all human Glanzmann’s are missing a protein on the sur- The SPEAKER pro tempore. Under beings are created equal and endowed face of the platelet that is vital to the clotting the Speaker’s announced policy of Jan- by their Creator with the unalienable process. People suffering from this disorder uary 18, 2007, the gentlewoman from rights of life, liberty, and the pursuit have serious problems with uncontrollable New Mexico (Mrs. WILSON) is recog- of happiness. Every conflict and battle bleeding and severe, painful bruising. Their nized for 60 minutes as the designee of our Nation has ever faced can be traced activities can be strictly limited and their lives the minority leader. to our commitment to this core self- can be at stake without any warning. Currently Mrs. WILSON of New Mexico. Madam evident truth. It has made us the bea- there is no cure for this disorder, but research Speaker, I appreciate the opportunity

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1021 to talk to folks this evening about in telecommunications to uncover be impacting a U.S. person. So it was something that’s critical to our coun- what our enemies are trying to do and technology-specific for that moment in try. Ten days ago a very important law prevent another terrorist attack by time. was allowed to expire. It’s called the then using our law enforcement, our But technology has changed. Today, Protect America Act, and it made military, our financial networks to almost all international traffic goes changes to our foreign intelligence sur- shut down and arrest and, in some over a wire or a fiber-optic cable. And veillance laws. cases, eliminate these terrorist in complete reverse from 1978, there are We passed the Protect America Act threats. over 2 million cell phones in this coun- in August of this last year to close a try. So a majority now of local calls b 2000 gap in our intelligence collection actually bounce over the air. So we caused by changes in technology. Un- I want to talk a little bit about what needed to modernize the law so it was fortunately, that law had a sunset in the Foreign Intelligence Surveillance no longer technology specific. And it. It expired after 6 months. Act is for, and then one of my col- what happened over a period of 1 year The Senate passed a bill, a bipartisan leagues has joined me here from Or- or 2 was that the Foreign Intelligence bill, overwhelmingly in the Senate, and egon, and I will yield to him whenever Surveillance Court started saying no sent it over to the House. I believe that he is ready to speak. matter where a person is, if you are that bill, if it were brought up on the The Foreign Intelligence Surveil- trying to listen to somebody in Paki- floor of this House, would pass over- lance Act was put in place in 1978. It stan, talk to somebody else in Paki- whelmingly here as well. Consideration was as a result of some abuses by the stan, you needed to get a warrant if of that legislation is being blocked by intelligence community where they you sought to collect that communica- the liberal Democratic leadership in had been listening to Americans, and it tion by touching a wire in the United the House of Representatives, and it is puts in place protections for Americans States. putting all of us as Americans at very so that if you are in America and, for This created havoc with our intel- serious risk. foreign intelligence reasons, the gov- ligence collection, particularly with Ten days. Ten days we’ve been going ernment wants to listen to you, they fast-moving terrorist targets, and we without the ability to listen to for- think you are a spy, you have to go to were losing access to intelligence infor- eigners in a foreign country without a a court and get a warrant. That’s the mation from overseas. You can under- warrant because the Protect America basics of it. But we do not require war- stand why, because you know it’s kind Act has been allowed to expire. rants and we never have under, or it of hard to develop a case for probable I wanted to take this opportunity to- was never intended under the initial cause for somebody who is overseas po- night, with some of my colleagues, to law to require warrants to listen to tentially talking to somebody else explain why this matters, what the for- people overseas. overseas. I mean, it is not like you can eign intelligence surveillance laws are, America spies on its enemies. We are have the FBI go and talk to their why we should care. trying to figure out what the North Ko- neighbors. Now, I believe that the greatest ac- reans are intending to do, whether they So a problem built that was compro- complishment of the last 6 years has have developed a nuclear weapon, mising America’s security. been what has not happened. We’ve not whether they’re going to sell that ma- I would be happy to yield to my col- had another terrorist attack on our teriel to someone. Likewise, we are league from Oregon. soil since the morning of 9/11. And they trying to figure out what is going on in Mr. WALDEN of Oregon. I appreciate have tried. Venezuela or in Iran or Syria or any my colleague’s comments. I think you The first line of defense against ter- hotspot around the world. We seek, have laid out very clearly the problems rorism is good intelligence. The intel- through our intelligence agencies, to that we face, and I couldn’t agree ligence problem has changed since the know the plans and capabilities and in- more. You know, I will always remem- Cold War when I served in the military. tentions of other countries and groups ber being on these grounds of the In the Cold War, our biggest enemy was around the world who may harm us. We United States Capitol on the morning the Soviet Union, and we had no doubt spy. of 9/11, September 11, 2001, and the at- about where they were. In some ways The Foreign Intelligence Surveil- tacks that occurred on our country, they were a very convenient enemy. lance Act says that you cannot do that and I will always remember going back They had exercises from the same bar- on a U.S. person in the United States to the apartment I lived in at the time, racks every year at the same time without going to a special court set up three blocks from the Pentagon, and using the same ray of lines and the for that purpose and getting a warrant the smoke from the burning roof of the same radio frequencies. They were very saying you have probable cause to be- Pentagon wafted in all day because the easy to find. Had they ever attacked lieve that this American is an agent of air-conditioning was on. us, they would have been very difficult a foreign power or this person is in I swore then, and I have kept that to defeat; but we know where they America. pledge and promise, that I would never were. We know what their capabilities But the problem is technology forget what happened to this country. were. changed. In 1978, that was the year that And like you and many of my col- Today, the problem has completely I graduated from high school, the tele- leagues on this floor and in this Con- changed. We have terrorist networks phone was something that was on the gress, we said, How could this happen? that are hiding in the midst of civil so- wall in the kitchen. The word ‘‘Inter- What went wrong? What was the fail- ciety using commercial telecommuni- net’’ didn’t exist. There were no such ure? How did we miss seeing this com- cations. If we can find out what they’re things as cell phones. I mean, that was ing? doing, we can stop them and prevent Buck Rogers stuff. Technology As my colleague from New Mexico another terrorist attack. It’s almost changed, but the law did not change to knows all too well, because you are on like it’s a Where’s Waldo problem. You keep pace with technology. the Intelligence Committee and I’m have to find Waldo who’s hiding in the Under the original Foreign Intel- not, there are lots of investigations. midst of regular, everyday confusion. If ligence Surveillance Act, they made a And we said we will never let this hap- we can find him, we can stop him. The distinction among technology. It said, pen. We brought in the outside experts, hard part is the intelligence problem. if it bounces over the air, you don’t the best people in the land: tactical ex- It is finding him. It’s uncovering what need a warrant no matter where you perts, policy experts. We did reviews, their plans and capabilities and inten- are listening. That’s because at that we second-guessed everybody in every tions are. And so that’s why these laws time almost all international calls position, and we changed the law. We make so much difference. bounced over the air over satellites. At changed the law to protect the lives of We need to be able to listen to com- the time in 1978, almost all local calls Americans and to prevent attack. munications among foreigners in for- were over a wire. And so the law was It is sad today to be here on this floor eign countries, do so very quickly, so written that said if you touch a wire in 10 days after the Protect America Act that we can act on tips as soon as we the United States, you have got to has expired and know that the only get them, and use our great strengths have a warrant. You are presumed to people who are gleeful about that are

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And I dare say to looking at us saying, What fools, and thorities in the Protect America Act my colleague and to my fellow col- thank you, thank you for opening the would plunge critical intelligence pro- leagues, that if we were, God forbid, to door and closing your eyes and your grams into a state of uncertainty get attacked again, that every com- ears to our communications because which could cause us to delay the gath- mittee will grab jurisdiction around you won’t modernize a law that is an- ering of or simply miss critical foreign here to do an oversight hearing to find chored back in the 1970s. intelligence information. Underlining out who failed. They need to pick up a Technology, as you have clearly for emphasis, they write: That is ex- mirror and look in it before it happens pointed out, has changed. You think actly what has happened since the Pro- and ask that question. Will we fail about these kids who buy these cell tect America Act expired 6 days ago America’s security? Or will we take a phones that are throw-away. Or if you without enactment of the bipartisan bill that passed by two-thirds majority are on the Internet, how do you know Senate bill. We have lost intelligence plus 2 in the Senate and put it on this where somebody is or where they’re information this past week as a direct floor today, tomorrow, as soon as pos- downloading or wherever? Technology result of the uncertainty created by sible? There is nothing even scheduled has changed; the law hasn’t. And the Congress’s failure to act. for Thursday of this week, I see. There people who seek to do our country and Mrs. WILSON of New Mexico. Madam are no bills scheduled. We have plenty our people and our allies harm, they Speaker, one of the things that bothers of time. It is available. Why? For the understand technology. That’s one of me about this is that one of the frus- life of me, I don’t understand why we the lessons we learned coming out of 9/ trations is that we can’t talk about take this risk. 11. specific instances, but the Director of Mrs. WILSON of New Mexico. Re- And so many people on both sides of National Intelligence, Admiral McCon- claiming my time, there are a number the aisle changed a lot of Federal laws nell, has said very clearly, and now of things that bother me most about to try to leap forward so that we would publicly, we’ve lost intelligence. this, but here in this House, I believe be protected, so that our professionals, On one of my visits to one of our in- that if this bill were brought up for a the intelligence community, would telligence agencies where I was there vote on the floor of the House, it would have every tool and asset to make sure to oversee a particular program and pass with the same overwhelming bi- it never happened again. How many get briefed on it, but when we started partisan majority that it passed the people on this floor, how many Ameri- out the briefing, the director of that Senate and it would be signed by the cans pledged after 9/11 to say we will do agency said, Congresswoman, I just President, and we would close the gap whatever it takes to make sure inno- want you to get a flavor for our highest that is putting Americans at risk. cent American lives are never taken priority threads we are following And we have a small number of peo- down by terrorists again? We all said today, and he passed a sheet across the ple who are liberal Democrats in the that. I was in briefings on this floor, table for me to look at what exactly elected leadership who are blocking the closed door, open door, where there was they were trying to, you know, the tips will of this House. They are preventing that unified feeling that we’ve just got that they had, the leads that they had this bill from coming to the floor that to get with it. We’ve got to figure it that day that they were trying to lis- would pass overwhelmingly if we had out. ten in to disrupt attacks on this coun- the opportunity to vote. And the will It’s terrible tonight to be here know- try. of the country is that we fix this prob- ing this law has expired and that there It is a very dynamic situation where lem, and they are standing in the way is a bipartisan fix. Senator ROCKE- you get a tip today, do we have 12 ter- of the will of the country. FELLER, who chairs the Intelligence rorists that are transiting Spain, that We are joined by my colleague from Committee in the Senate, wrote the bi- are coming from Pakistan, where are Georgia (Mr. GINGREY), and I would be partisan measure that passed with 68 they going? They picked up cell happy to yield to him if he would like votes. More than two-thirds of the phones. We think we have the numbers. to join us. United States Senate supported this bi- Can we listen to them before they Mr. GINGREY. Madam Speaker, I partisan fix that provides Americans move to someplace else and before they know that as we go through our time more protection than the existing law, move to another number? Can we be as in the Congress, each of us wants to be or certainly the bill that the House fast as they are, because if we are not, remembered for some signature accom- had. the consequences are devastating. plishment, and Madam Speaker, I want Now, I dare say on some matters Mr. And all of us remember where we to commend the gentlewoman from ROCKEFELLER is no friend of President were the morning of 9/11. Almost no New Mexico. I would say that maybe Bush’s, as he would probably tell you American remembers where you were she’s got many signature issues that that. He certainly said it publicly. But the morning that the British Govern- she brought before the membership of he knows in the crafting of this bill ment arrested 16 people who were with- this body, but certainly this issue of that America has got to come first, our in 48 hours of walking onto airliners at intelligence and national security is a intelligence gathering has to come Heathrow and blowing them up simul- signature issue. I commend her for her first. There are privacy protections, taneously over the Atlantic, within 48 will and determination in trying to ex- but we don’t close the eyes and ears of hours of killing thousands of Ameri- plain to her colleagues on both sides of our intelligence community listening cans who were just flying from the aisle an issue that may be some- overseas to see who’s plotting to do us Heathrow to JFK or La Guardia. We what difficult to understand. harm. That bill, I dare say, if brought don’t remember it because it didn’t There is a lot of arcaneness about to this floor, would pass in a heartbeat. happen. And it didn’t happen because this issue when you try to get into the Pass in a heartbeat. of the expertise of our intelligence weeds of it. So it’s important to have And if I might just quote from a let- agencies and cooperation with the Brit- Members like Representative HEATHER ter to the chairman of the House Per- ish and Pakistani Governments. We WILSON and PETER HOEKSTRA, ranking manent Select Committee on Intel- figured it out before they walked member on the House Select Com- ligence from both the Attorney Gen- through security at Heathrow, and peo- mittee on Intelligence, to help frame eral and Admiral McConnell, the Direc- ple didn’t die. this issue for us. tor of National Intelligence, said, I yield to my colleague from Oregon. among other things, this is a letter Mr. WALDEN of Oregon. Madam b 2015 dated February 22: Our experience Speaker, the thing that strikes me is, But I think it’s important to under- since Congress allowed the Protect before we went out for the President’s stand, as my neighbor, my colleague America Act to expire without passing district work period, this Congress had and friend from Oregon, Representative the bipartisan Senate bill dem- time to spend a full day trying to fig- WALDEN, just pointed out, the bottom onstrates why the Nation is now more ure out whether Roger Clemens was on line, when you cut right to the chase, vulnerable to terrorist attack and steroids, used steroids, used human is that last Thursday we left this place

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But we’re dealing Do you want to do everything in your trict the whole time hoping, literally with highly trained, sophisticated ter- power in this Congress to safeguard hoping every day that I would get that rorist organizations who show no alle- America, not only here at home, but call to come back to Washington to fix giance to any country or rules or con- our allies overseas, and probably our this because, as my colleagues have ventions, who have proven their will to men and women whose lives are on the pointed out, this is just so important use whatever force they can muster to line in the battlefields across the to let something like this lapse. attack innocent civilians in America world? Because, you see, they’re being I would like to have our colleague and elsewhere. And we’re now covering threatened by terrorists, too. It is leading the hour, Representative WIL- the eyes and ears of our intelligence those communications we’re trying to SON, maybe explain to the membership professionals and reducing their ability also find out where they plan the next here so they can get a better under- to try to prevent another attack. car bomb attack. Where do they plan standing of why we need to modernize One of the issues that has come up in to take down one of our men and this 30-year-old FISA, Foreign Intel- this debate, of course, is the participa- women in uniform whom we hold so ligence Surveillance Act, passed in tion of the private companies. And I high? What if their communication 1978, why it is so important to be able would like to share some information happens through the United States? Do to bring it into the 21st century. And from, again, a letter from the United we have to spend 72 hours before a maybe she could explain to our col- States Attorney General and the Na- court and a judge, and maybe some leagues on both sides of the aisle the tional Intelligence Director where they trial lawyers to boot, to figure out importance of data mining, of being take on this issue. Because you have to what we can listen in to and how we able to get the cooperation of tele- remember that all this stuff is can act on it? communication companies, if she has networked. The government doesn’t Mrs. WILSON of New Mexico. If the not already done that, why it is impor- control every phone line and every gentleman will yield. tant to get that information and look Internet connection and all of that. Mr. WALDEN of Oregon. I will be at patterns of communication so that You have to have a partnership. And I happy to yield. we can understand what these terror- know after 9/11 the intelligence com- Mrs. WILSON of New Mexico. It was ists and what these foreign intelligence munity and the President said, what do actually a situation like that which agents are doing, and why it’s such a we need to do to work together to caused me to say enough is enough, we tremendous threat to this country. make sure we don’t get attacked have to get this fixed. It was last May, I yield back to my colleague. And I again? Are we going to get attacked and at the time we couldn’t talk about will remain here during this hour and again? You remember those days right it, but it’s been talked about publicly hopefully engage her in more colloquy, after 9/11, we had the anthrax attack since then. and with the gentleman from Oregon, again here at the Capitol they never We had soldiers who were kidnapped but I would like to hear some discus- have solved. People lost their lives in Iraq. We had, we thought, a tip on sion on that. around America. We were really con- who might have done it. And there was Mrs. WILSON of New Mexico. The cerned, and rightfully so, that we had an army of lawyers here in Washington key change in the Protect America missed the big one, and it should never and over a 24-hour delay in listening to Act, and also in the Senate bill that is happen again. So they involved the communications because they had to now being blocked here on the floor of telecommunications companies, be- touch a wire in the United States. I the House, is to allow American intel- cause you can’t do it without them. mean, you think about it, it’s your kid, ligence to listen to foreigners in for- Now, the Senate looked at this issue. it’s your kid that’s been kidnapped. All eign countries without a warrant, even The Attorney General and the head of of us are familiar here in America with if the point of access to that commu- National Intelligence wrote back to the the AMBER alerts. Speed matters nication is a wire here in the United chairman of the House Select Com- when someone’s been kidnapped, and States. That’s really the fundamental mittee on Intelligence and said: ‘‘Pri- you want to get information out as change. It has very strong privacy pro- vate party assistance is necessary and quickly as possible to try to save some- tections for Americans. Americans, critical to ensuring that the intel- body. If it was your kid who was in a wherever they may be, whether you’re ligence community can collect the in- combat zone who has been kidnapped off in Germany on vacation with your formation needed to protect our coun- by insurgents, and we’ve got a room family, you’re an American, you have try from attack.’’ Pretty strong words. full of lawyers in Washington trying to protections and rights under our Con- In its report on S. 2248, that’s the get a warrant to listen to the commu- stitution. Foreigners in foreign coun- Senate bill, the Intelligence Com- nications of the insurgents that took tries do not have those rights under mittee stated that, and this is from the him? That’s not good enough. It’s not our Constitution, and we are seeking to Senate Select Committee on Intel- good enough. And we should expect gather information on terrorist targets ligence: ‘‘The intelligence community more of our government than that. And overseas. cannot obtain the intelligence it needs the responsibility for fixing it rests So it’s foreigners in foreign coun- without assistance’’ from electronic right here in this body. tries. And it just has to do with touch- communication service providers. We’ve got this odd situation with sol- ing a wire in the United States to gath- The committee also concluded that diers overseas in Afghanistan and Iraq er that information. And it says if the ‘‘without retroactive immunity, the and the Philippines in dangerous situa- point of access happens to be a wire in private sector might be unwilling to tions where they’ve got the authority the United States, that doesn’t matter. cooperate with lawful government re- to shoot an insurgent, but they can’t What matters is you reasonably believe quests in the future without unneces- listen to him without a warrant. Where they are a foreigner in a foreign coun- sary court involvement and protracted is the sense in that? try. litigation. The possible reduction in in- Mr. WALDEN of Oregon. You’re kid- I yield to my colleague from Oregon. telligence that might result in this ding. Is that actually the case? So they Mr. WALDEN of Oregon. I appreciate delay is simply unacceptable for the can shoot them, but they can’t listen that because I think you’ve summed it safety of our Nation.’’ That’s not Presi- to their cell phone? up quite well. dent Bush and his people saying that. Mrs. WILSON of New Mexico. That’s And once again, for our colleagues That’s the Senate Select Committee on right. who have just joined us, this is all Intelligence, Permanent Select Com- I yield to my colleague from Pennsyl- about a 30-year-old law that needs to mittee on Intelligence headed by J. vania. be updated, because in the last 30 min- ROCKEFELLER, a Democrat from West Mr. DENT. I thank the gentlelady. utes technology has probably changed Virginia. And I thank you for your leadership as

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But to just States; Provide enhanced oversight by Con- here several times tonight, Madam follow up on what you said, if there are gress of surveillance laws and procedures; Speaker, Admiral Mike McConnell, the two insurgents or two terrorists in Iraq Compel compliance by private sector part- Director of National Intelligence, after ners; Review by FISA Court of minimization talking to each other by cell phones, procedures; Targeted immunity for carriers all, it was the Democratic majority what appears to be a wireless commu- that participated in anti-terrorism surveil- that wanted a Director of National In- nication, one to the other, it’s likely lance programs. telligence, it was the 9/11 families that that that call will be routed through The Rockefeller-Bond FISA legislation wanted a Director of National Intel- the United States, hit a wire, and then contains satisfactory language addressing all ligence. And here he says to us: ‘‘Some that would pretty much trigger the these issues and we would fully support that have claimed that expiration of the Wire Act. And that’s what caused the measure should it reach the House floor Protect America Act would not signifi- without substantial change. We believe these intervention of all the lawyers. cantly affect our operations. Such components will ensure a strong national se- claims are not supported by the facts. So we’re talking about the denial of curity apparatus that can thwart terrorism tactical intelligence to our men and across the globe and save American lives Without the act in place, vital pro- women who are on the ground, soldiers here in our country. grams would be plunged into uncer- on the ground and marines on the It is also critical that we update the FISA tainty and delay, and capabilities ground not being able to pursue a hot laws in a timely manner. To pass a long- would continue to decline.’’ tip or a hot bit of information because term extension of the Protect America Act, I yield back to my colleague from of the inadequacy of current law. as some may suggest, would leave in place a New Mexico, but it’s clear, it’s so clear. limited, stopgap measure that does not fully Mrs. WILSON of New Mexico. And Mrs. WILSON of New Mexico. I yield address critical surveillance issues. We have to my colleague from Oregon. it’s even worse than that. You’ve got it within our ability to replace the expiring your two cell phones there. If the sol- Mr. WALDEN of Oregon. I just want Protect America Act by passing strong, bi- to pick up in the timeline where you diers were able to intercept between partisan FISA modernization legislation left off, because then Attorney General that insurgent’s cell phone and the that can be signed into law and we should do Mike Mukasey and the Director of Na- tower that it’s going to, that’s all fine; so—the consequences of not passing such a tional Intelligence, Mike McConnell, you don’t need a warrant for that. It’s measure could place our national security at the admiral you referenced, head of our only if it happens to route through the undue risk. Sincerely, national intelligence wrote: ‘‘Our expe- United States and you touch the wire Leonard L. Boswell, ———, Mike Ross, rience in the past few days, since the where it’s actually easier to listen to it Bud Cramer, Heath Shuler, Allen Boyd, expiration of the act, demonstrates that you need a warrant. So it depends Dan Boren, Jim Matheson, Lincoln that these concerns are neither specu- on the point of collection. This is stu- Davis, Tim Holden, Dennis Moore, Earl lative, nor theoretical. Allowing the pid. Pomeroy, Melissa L. Bean, John Bar- I yield back to my colleague from row, Joe Baca, John Tanner, Jim Coo- act to expire without passing the bipar- Pennsylvania. per, Zachary T. Space, Brad Ellsworth, tisan Senate bill has had real and nega- Mr. DENT. I’ve been following this Charlie Melancon, Christopher P. Car- tive consequences for our national se- dialogue very carefully, and I commend ney. curity. Indeed, this has led directly to you all for your leadership on this, but Mrs. WILSON of New Mexico. I yield a degraded intelligence capability.’’ You know, if he testified to that be- I want to say something. You know, to the gentleman from Georgia. fore the 9/11 Commission or any of the American people, I think, they be- Mr. GINGREY. And I appreciate my these commissions that occurred after lieve that Washington is broken, and colleague from Pennsylvania bringing 9/11, this House and the Senate would they get sick and tired of the mindless that out. In fact, I will use some of the have said, my gosh, we’ve got to make partisan bickering. But as has been quotes. And I think this is important sure we fix that problem. But for some stated here already, we have a strong that my colleagues understand this, reason, here we are in 2008 and there bipartisan consensus, veto proof major- Madam Speaker, because this was a de- are some in the leadership who act like ity in the Senate. Senator ROCKE- cision that the Democratic leadership we’ll just go about our merry way, ev- FELLER, and I won’t read his quote just made, almost 9 days ago now, to leave erything’s fine, there won’t be a prob- now, but we have people who are pre- this place without reauthorizing and lem. And hopefully there won’t be a pared to vote for this. giving that liability protection to the problem. But, to me, when the Director In the House, we have 20 Members telecommunications industry that is so of National Intelligence says our intel- who signed the letter, 20 Democratic important and that has made this pro- ligence capabilities are degraded, we Members who signed the letter saying gram work ever since 9/11. This is basi- are losing intelligence-gathering abili- they support this bill as it passed the cally what the majority leader of this ties, we are at risk, et cetera, et cetera, Senate, our friends and our colleagues. House said, and I quote from Rep- it is time to act. We stand ready to work with them in a resentative STENY HOYER: ‘‘I don’t bipartisan manner to pass this bill. think anything is going to erode.’’ And FEBRUARY 22, 2008. that’s basically what he said when he Hon. SILVESTRE REYES, You know, sometimes I think the Chairman, House Permanent Select Committee Speaker of the House has to take ‘‘yes’’ left here. But the truth is, and my colleague from Pennsylvania alluded to on Intelligence, House of Representatives, for an answer. It’s time to get the job Washington, DC. done. The time for debate is over. It’s comments made by the chairman of the DEAR CHAIRMAN REYES: The President time to get the job done. And, again, Senate Select Committee on Intel- asked us to respond to your letter of Feb- our failure to act on this legislation is ligence, J. ROCKEFELLER, the Democrat ruary 14, 2008, concerning the urgent need to tantamount to dereliction of duty. And from West Virginia, and basically he modernize the Foreign Intelligence Surveil- I think all of us have had enough. Let’s said, clearly, what people have to un- lance Act of 1978 (FISA). Your assertion that there is no harm in allowing the temporary get it done. The consensus has been derstand around here that the quality of the intelligence that we are going to authorities provided by the Protect America reached. It’s time to move forward. Act to expire without enacting the Senate’s be receiving is going to be degraded, it DEAR MADAM SPEAKER: Legislation reform- FISA reform bill is inaccurate and based on ing the Foreign Intelligence Surveillance is going to be degraded, it is already a number of misunderstandings concerning Act (FISA) is currently being considered by going to be degraded. And he said that our intelligence capabilities. We address the Senate. Following the Senate’s passage on the Senate floor on Valentine’s Day, those misunderstandings below. We hope of a FISA bill, it will be necessary for the 2/14. that you find this letter helpful and that you House to quickly consider FISA legislation Here is what 21 Blue Dog House will reconsider your opposition to the bill to get a bill to the President before the Pro- Democrats said when they wrote a let- passed last week by a strong bipartisan ma- tect America Act expires in February. ter to Speaker PELOSI: ‘‘We have it jority in the Senate and, when Congress re- It is our belief that such legislation should within our ability to replace the expir- turns from its recess, support immediately include the following provisions: Require in- bringing the Senate bill to the floor, where it dividualized warrants for surveillance of U.S. ing Protect America Act by passing enjoys the support of a majority of your fel- citizens living or traveling abroad; Clarify strong, bipartisan FISA modernization low members. It is critical to our national that no court order is required to conduct legislation that can be signed into law, security that Congress acts as soon as pos- surveillance of foreign-to-foreign commu- and we should do so.’’ sible to pass the Senate bill.

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INTELLIGENCE COLLECTION efforts by terrorists to obtain guns and am- ‘‘probable cause’’ before such surveillance Our experience since Congress allowed the munition, and terrorists transferring money. can begin. This standard makes sense in the Protect America Act to expire without pass- Other information obtained using the au- context of targeting persons in the United ing the bipartisan Senate bill demonstrates thorities provided by the Protect America States for surveillance, where the Fourth why the Nation is now more vulnerable to Act has led to the disruption of planned ter- Amendment itself often requires probable terrorist attack and other foreign threats. In rorist attacks. The bipartisan Senate bill cause and where the civil liberties of Ameri- our letter to Senator Reid on February 5, would preserve these core authorities and cans are most implicated. But it makes no 2008, we explained that: ‘‘the expiration of improve on the Protect America Act in cer- sense to require a showing of probable cause for surveillance of overseas foreign targets the authorities in the Protect America Act tain critical ways, including by providing li- who are not entitled to the Fourth Amend- would plunge critical intelligence programs ability protection to companies that assisted ment protections guaranteed by our Con- into a state of uncertainty which could cause in defending the country after September 11. In your letter, you assert that the Intel- stitution. Put simply, imposing this require- us to delay the gathering of, or simply miss, ligence Community’s ability to protect the ment in the context of surveillance of for- critical foreign intelligence information.’’ Nation has not been weakened, because the eign targets located overseas results in the That is exactly what has happened since the Intelligence Community continues to have loss of potentially vital intelligence by, for Protect America Act expired six days ago the ability to conduct surveillance abroad in example, delaying intelligence collection without enactment of the bipartisan Senate accordance with Executive Order 12333. We and thereby losing some intelligence forever. bill. We have lost intelligence information respectfully disagree. Surveillance con- In addition, the requirement to make such a this past week as a direct result of the un- ducted under Executive Order 12333 in a man- showing requires us to divert our linguists certainty created by Congress’s failure to ner that does not implicate FISA or the Pro- and analysts covering al-Qa’ida and other act. Because of this uncertainty, some part- tect America Act is not always as effective, foreign threats from their core role—pro- ners have reduced cooperation. In particular, efficient, or safe for our intelligence profes- tecting the Nation—to the task of providing they have delayed or refused compliance sionals as acquisitions conducted under the detailed facts for FISA Court applications with our requests to initiate new surveil- Protect America Act. And, in any event, sur- related to surveillance of such foreign tar- lances of terrorist and other foreign intel- veillance under the Protect America Act gets. Our intelligence professionals need to ligence targets under existing directives served as an essential adjunct to our other be able to obtain foreign intelligence from issued pursuant to the Protect America Act. intelligence tools. This is particularly true foreign targets with speed and agility. If we Although most partners intend to cooperate in light of the changes since 1978 in the man- revert to a legal framework in which the In- for the time being, they have expressed deep ner in which communications are trans- telligence Community needs to make prob- misgivings about doing so in light of the un- mitted. As a result of these changes, the able cause showings for foreign terrorists certainty and have indicated that they may Government often has been required to ob- and other national security threats located well cease to cooperate if the uncertainty tain a FISA Court order prior to surveillance overseas, we are certain to experience more persists. We are working to mitigate these of foreign terrorists and other national secu- intelligence gaps and miss collecting infor- problems and are hopeful that our efforts rity threats located outside the United mation. will be successful. Nevertheless, the broader States. This hampered our intelligence col- You imply that the emergency authoriza- uncertainty caused by the Act’s expiration lection targeting these individuals overseas tion process under FISA is an adequate sub- will persist unless and until the bipartisan in a way that Congress never intended, and it stitute for the legislative authorities that Senate bill is passed. This uncertainty may is what led to the dangerous intelligence have lapsed. This assertion reflects a basic well continue to cause us to miss informa- gaps last summer. Congress addressed this misunderstanding about FISA’s emergency tion that we otherwise would be collecting. issue temporarily by passing the Protect authorization provisions. Specifically, you Thus, although it is correct that we can America Act but long-term FISA reform is assert that the National Security Agency (NSA) or the Federal Bureau of Investigation continue to conduct certain activities au- critical to the national security. thorized by the Protect America Act for a We have provided Congress with examples (FBI) ‘‘may begin surveillance immediately’’ period of one year from the time they were in which difficulties with collections under in an emergency situation. FISA requires far first authorized, the Act’s expiration has and the Executive Order resulted in the Intel- more, and it would be illegal to proceed as you suggest. Before surveillance begins the may well continue to adversely affect such ligence Community missing crucial informa- Attorney General must determine that there activities. Any adverse effects will result in tion. For instance, one of the September 11th is probable cause that the target of the sur- a weakening of critical tools necessary to hijackers communicated with a known over- veillance is a foreign power or an agent of a protect the Nation. As we explained in our seas terrorist facility while he was living in foreign power and that FISA’s other require- letter to Senator Reid, expiration would cre- the United States. Because that collection ate uncertainty concerning: ments are met. As explained above, the proc- was conducted under Executive Order 12333, ess of compiling the facts necessary for such The ability to modify certifications and the Intelligence Community could not iden- procedures issued under the Protect America a determination and preparing applications tify the domestic end of the communication for emergency authorizations takes time and Act to reflect operational needs and the im- prior to September 11, 2001, when it could results in delays. Again, it makes no sense to plementation of procedures to ensure that have stopped that attack. The failure to col- impose this requirement in the context of agencies are fully integrated protecting the lect such communications was one of the foreign intelligence surveillance of targets Nation; the continuing validity of liability central criticisms of the Congressional Joint located overseas. Because of the hurdles protection for those who assist us according Inquiry that looked into intelligence failures under FISA’s emergency authorization pro- to the procedures under the Protect America associated with the attacks of September 11. visions and the requirement to go to the Act; the continuing validity of the judicial The bipartisan bill passed by the Senate FISA Court within 72 hours, our resource mechanism for compelling the assistance of would address such flaws in our capabilities constraints limit our use of emergency au- private parties needed to protect our na- that existed before the enactment of the Pro- thorizations to certain high-priority cir- tional security; the ability to cover intel- tect America Act and that are now resur- cumstances and cannot simply be employed ligence gaps created by new communication facing. We have provided Congress with addi- for every foreign intelligence target. paths or technologies. tional and detailed examples of how the Pro- It is also inaccurate to state that because Our experience in the past few days since tect America Act temporarily fixed this Congress has amended FISA several times, the expiration of the Act demonstrates that problem and have demonstrated the oper- there is no need to modernize FISA. This these concerns are neither speculative nor ational need to provide a long-term legisla- statement runs counter to the very basis for theoretical: allowing the Act to expire with- tive foundation for these authorities by pass- Congress’s passage last August of the Pro- out passing the bipartisan Senate bill has ing the bipartisan Senate bill. tect America Act. It was not until the pas- had real and negative consequences for our In your letter, you also posit that our in- sage of this Act that Congress amended national security. Indeed, this has led di- telligence capabilities have not been weak- those provisions of FISA that had become rectly to a degraded intelligence capability. ened, because the Government can employ outdated due to the communications revolu- It is imperative that our intelligence agen- the outdated provisions of FISA as they ex- tion we have experienced since 1978. As we cies retain the tools they need to collect isted before the Protect America Act. We re- explained, those outdated provisions resulted vital intelligence information. As we have spectfully disagree. It was that very frame- in dangerous intelligence gaps by causing explained before, the core authorities pro- work that created dangerous intelligence constitutional protections to be extended to vided by the Protect America Act have gaps in the past and that led Congress to foreign terrorists overseas. It is critical that helped us to obtain exactly the type of infor- pass the Protect America Act last summer. Congress enact long-term FISA moderniza- mation we need to keep America safe, and it As we have explained in letters, briefings tion to ensure that the Intelligence Commu- is essential that Congress reauthorize the and hearings, FISA’s requirements, unlike nity can collect effectively the foreign intel- Act’s core authorities while also extending those of the Protect America Act and the bi- ligence information it needs to protect the liability protection to those companies who partisan Senate bill, impair our ability to Nation. The bill passed by the Senate would assisted our Nation following the attacks of collect information on foreign intelligence achieve this goal, while safeguarding the pri- September 11, 2001. Using the authorities targets located overseas. Most importantly, vacy interests of Americans. provided in the Protect America Act, we FISA was designed to govern foreign intel- LIABILITY PROTECTION have obtained information about efforts of ligence surveillance of persons in the United Your assertion that the failure to provide an individual to become a suicide operative, States and therefore requires a showing of liability protection for those private-sector

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1026 CONGRESSIONAL RECORD — HOUSE February 25, 2008 firms that helped defend the Nation after the that the privacy protections for Americans of the most litigious members of our September 11 attacks does not affect our in- in the Senate bill exceed the protections society at the expense of the security telligence collection capability is inaccurate contained in both the Protect America Act of the American people. And that is and contrary to the experience of intel- and the House bill. wrong. ligence professionals and to the conclusions The Department of Justice and the Intel- And, again, I believe many of us the Senate Select Committee on Intelligence ligence Community are taking the steps we reached after careful study of the matter. It can to try to keep the country safe during standing here, I know I have tried to also ignores that providing liability protec- this current period of uncertainty. These work in a bipartisan manner on a num- tion to those companies sued for answering measures are remedial at best, however, and ber of issues in this Congress. I have their country’s call for assistance in the do not provide the tools our intelligence pro- reached out on a number of issues from aftermath of September 11 is simply the fessionals need to protect the Nation or the SCHIP to stem cell research to others. right thing to do. Through briefings and doc- certainty needed by our intelligence profes- We’re doing it again today on intel- uments, we have provided the members of sionals and our private partners. The Senate ligence, and we are being brushed your committee with access to the informa- passed a strong and balanced bill by an over- aside, and I think it’s simply disgrace- tion that shows that immunity is the fair whelming and bipartisan margin. That bill ful. and just result. would modernize FISA, ensure the future co- And I also want to read a comment, Private party assistance is necessary and operation of the private sector, and guard if I may. The Veterans of Foreign Wars critical to ensuring that the Intelligence the civil liberties we value. We hope that you Community can collect the information will support giving your fellow members the has weighed in on this issue, and their needed to protect our country from attack. chance to vote on this bill. commander, Commander George In its report on S. 2248, the Intelligence Com- Sincerely, Lisicki said, ‘‘Americans are protected mittee stated that ‘‘the intelligence commu- J.M. MCCONNELL, from illegal search and seizures by the nity cannot obtain the intelligence it needs Director of National Intelligence. fourth amendment, but critical legisla- without assistance’’ from electronic commu- Mrs. WILSON of New Mexico. And tion is now being delayed because some nication service providers. The Committee one of the things that baffles me is to would extend these same constitu- also concluded that ‘‘without retroactive im- tional protections to those who want munity, the private sector might be unwill- be able to hear the Director of National ing to cooperate with lawful Government re- Intelligence, Admiral McConnell, say to harm America, people who kill with- quests in the future without unnecessary those things, to have very clear testi- out conscience, who represent no coun- court involvement and protracted litigation. mony both publicly and privately that try, and who have no agenda other The possible reduction in intelligence that the problems they predicted are actu- than the total destruction of our coun- might result from this delay is simply unac- ally taking place, and yet the Demo- try.’’ That’s not me. That’s from the ceptable for the safety of our Nation.’’ Sen- cratic leadership in the House is still in VFW. ior intelligence officials also have testified It’s been pointed out that Senator regarding the importance of providing liabil- a state of denial, just hoping that we don’t miss something important. ROCKEFELLER, the Democratic Chair of ity protection to such companies for this the Senate Intelligence Committee, very reason. Now, you kind of wonder, why on Even prior to the expiration of the Protect Earth are they willing to take this has said that our intelligence capac- America Act, we experienced significant dif- risk? Why are they willing to put the ities are being degraded. The Attorney ficulties in working with the private sector rest of us at risk? And I have difficulty General and National Intelligence Di- because of the continued failure to provide understanding that. And I listened to rector McConnell have said, and I liability protection for such companies. some of my colleagues on the floor of quote, that that is exactly what has These difficulties have only grown since ex- the House here in the debate last week happened since the Protect America piration of the Act without passage of the bi- Act expired 6 days ago without enact- when one of my Democratic colleagues partisan Senate bill, which would provide ment of the bipartisan Senate bill. ‘‘We actually said that he thought that lis- fair and just liability protection. Exposing have lost intelligence information this the private sector to the continued risk of tening to foreigners in foreign coun- past week as a direct result of the un- billion-dollar class action suits for assisting tries without a warrant was suspicious certainty created by Congress’s failure in efforts to defend the country understand- and disrespectful. to act. Because of this uncertainty, ably makes the private sector much more re- Mr. WALDEN of Oregon. He said some partners have reduced coopera- luctant to cooperate. Without their coopera- what? tion, our efforts to protect the country can- tion. In particular, they have delayed Mrs. WILSON of New Mexico. He said not succeed. or refused compliance with our re- it was suspicious and disrespectful to PENDING LEGISLATION quests to initiate new surveillance of listen to foreigners in foreign countries Finally, as you note, the House passed a terrorists and other foreign intel- without a warrant. bill in November to amend FISA, but we im- ligence targets under existing direc- mediately made clear that the bill is un- b 2030 tives issued pursuant to the Protect workable and unacceptable. Over three America Act.’’ months ago, the Administration issued a And I couldn’t believe he said it. I What they are saying is that those Statement of Administration Policy (SAP) just couldn’t believe it. As if this is people who were partnering with us, that stated that the House bill ‘‘falls far about America being polite to terror- helping us to protect America, are now short of providing the Intelligence Commu- ists. nity with the tools it needs to collect effec- afraid to do so out of fear of lawsuit. Mr. GINGREY. If the gentlewoman They’ll have to be compelled to cooper- tively the foreign intelligence information would yield, I would say the ultimate vital for the security of the Nation’’ and that ate. And that’s really the tragedy here, ‘‘the Director of National Intelligence and disrespect was 9/11. in addition to saving American lives. the President’s other senior advisers would Mrs. WILSON of New Mexico. I yield Mrs. WILSON of New Mexico. One of recommend that the President veto the bill.’’ to my colleague from Pennsylvania. the things that I think we need to dis- We adhere to that view today. Mr. DENT. Thank you. I’d like to try pel is a couple of myths, and they are The House bill has several grave defi- to answer the question you just raised. myths being promulgated by the Demo- ciencies. First, although numerous senior in- Why wouldn’t we pass this bill, given cratic leadership that is blocking the telligence officials have testified regarding the comments by Senator ROCKE- the importance of affording liability protec- will of the majority in this House from FELLER, who said on three separate oc- tion for companies that assisted the Govern- passing this legislation. And one of ment in the aftermath of September 11, the casions, as the gentleman from Georgia them is that, oh, well, we can start House bill does not address the critical issue pointed out, that our intelligence ca- emergency surveillance, emergency of liability protection. Second, the House bill pacities had been degraded? And the wiretaps in a matter of minutes. It’s contains certain provisions and serious tech- Director of Intelligence, Director really just not that big a deal, when, in nical flaws that would fatally undermine our McConnell, he has made similar state- fact, that’s not true. ability to collect effectively the intelligence ments. So the question is why aren’t The requirement under the existing needed to protect the Nation. In contrast, we dealing with this. law is that the Attorney General can the Senate bill deals with the issue of liabil- I think the answer is this: that there ity protection in a way that is fair and that start a wiretap without going to the protects the national security. In addition, are people in this body who are pre- court in an emergency, but he has to the Senate bill is carefully drafted and has pared to put the special interests ahead stand in the shoes of the court. He has been amended to avoid technical flaws simi- of the national interests. And it’s quite to certify that all the elements of prob- lar to the ones in the House bill. We note clear they are protecting the interests able cause to get a warrant are already

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That’s not enough to get prob- for Americans are stronger than the for probable cause. And some of my able cause for a warrant. So you’ve got Protect America Act and stronger than colleagues said, well, you know, you to be able to amass why is it that you current law under the Foreign Intel- should have just gone ahead and done think this is the person. What relation- ligence Surveillance Act because the it and we would have just taken care of ships do they have? You have to build Foreign Intelligence Surveillance Act it after the fact. We had testimony in up this whole case. And unlike some- really focused on technology. It was front of the Intelligence Committee thing in America where it would be the technology specific and assumed that where the chairman actually said that. gang unit in the Albuquerque Police things that were on a wire were local And I looked at the young man who Department or the Washington Police calls in the United States. Well, we was there who was a member of the in- Department, we’re talking about peo- have said that’s changed. The bill that telligence community, and I said, Is it ple in foreign countries. It’s not as we want to bring up and pass in the true that initiating a wiretap without though you can send the FBI out to House has very strict protections for authority is a felony? talk to their neighbors to build a case Americans wherever they are and for And he said, Yes, ma’am, it is. for probable cause to get a warrant to anyone reasonably believed to be in the I said, Would you be willing to risk a believe that this person is affiliated United States. felony, hoping that this body would with a terrorist organization. So in Now, there are some folks who think somehow cut you some slack or the many cases you cannot even reach that if somebody’s not a citizen or if they prosecutor wouldn’t go after you? standard to get a wiretap in an emer- are here in the country illegally, you And he said, I’m an officer of the gency situation because the probable should be able to listen to them. This court. I’m a lawyer. I can’t knowingly cause standard was set up to protect bill doesn’t even authorize that. It has commit a felony. I can’t do that. Americans who have rights under our very strict protections for Americans Mr. DENT. Madam Speaker, will the Constitution with respect to law en- in the United States or for Americans gentlewoman yield? forcement investigations. This is ap- wherever they happen to be. Mrs. WILSON of New Mexico. I yield plying a whole body of law to some- Now, we collect intelligence. We spy to my colleague from Pennsylvania. thing it was never really intended to be overseas. When I was an officer sta- Mr. DENT. Along those very same applied to. tioned overseas, one of my jobs at one lines about protecting our intelligence Mr. GINGREY. Madam Speaker, will post was to negotiate with the Soviets agents and our counterterrorism offi- the gentlewoman yield? back when the Soviets existed. We cials, it’s my understanding that be- Mrs. WILSON of New Mexico. I yield knew who the KGB guy was in their cause of this legalistic approach to in- to my colleague from Georgia. delegation. If we happened to intercept telligence gathering, this approach to Mr. GINGREY. I appreciate so much his report back to Moscow and it men- national security, that has forced in- the gentlewoman’s yielding. tioned me, there were already proce- telligence officers to take out liability Madam Speaker, I think one of the dures in place to mask or so-called insurance for fear of investigations or most important aspects of this hour, minimize the existence of an American prosecutions for taking the kinds of and I know we are running short on that we may have picked up intel- liberties that someone suggested they time and I want to yield back to the ligence overseas. This law actually take but knowing they are committing gentlewoman from New Mexico, but strengthens that. The bipartisan bill a felony. Is that your understanding one of the most important things for that we’d like to see passed here too, that these intelligence officials people to understand, Members of this strengthens it even further so that if I are actually having to take out liabil- body on both sides of the aisle, is the am an American businessperson living ity insurance to protect themselves not telecommunications companies volun- in Germany, they’d have to actually from al Qaeda, not from the enemy, but tarily but yet under the law, under the get a warrant to listen to me in Ger- from prosecution or congressional in- PATRIOT Act, were required to pro- many, which is a stronger protection quiry? vide information of their records, their than we have ever had before. Mrs. WILSON of New Mexico. The sad phone records, under the threat of I yield to my colleague from Pennsyl- thing in this city is that we have peo- criminal and civil penalties from our vania. ple taking tremendous risks on our be- own Justice Department. So that’s why Mr. DENT. I thank the gentlewoman half under complete orders to do so, it’s so important that they have retro- from New Mexico for yielding. that we’re certified, we’re lawful and active immunity in regard to this And to follow up on your very valid everything else, and they are so afraid issue. And these records are so impor- point about how this law does provide of the kind of after-the-fact inquiries tant, and I will quickly say this, what protection for American citizens, in that this body can levy on them that people are doing today that’s part of the letter that was signed by about 20 they have taken out liability insurance the modernization, they are not using of our Democratic House colleagues in so that they are not bankrupted by the hard lines. My colleague from Pennsyl- support of the Protect America Act, actions of this Congress. vania held up those two cell phones. and the legislation that we’d all like to I yield to my colleague from Oregon. They’re buying these throw-away $49.95 have considered, they have said that Mr. WALDEN of Oregon. You raised cell phones and burn cards, and the this legislation should include the fol- an interesting point about this sort of only way you can develop a pattern is lowing provisions: smoke-and-mirrors argument of how if our intelligence experts have access First, require individualized warrants quickly the FISA Court can act on a to the records of the telecommuni- for surveillance of U.S. citizens living surveillance order. The Speaker of the cations companies so they can look at or traveling abroad. So there is protec- House, Ms. PELOSI, was quoted as say- it and develop a pattern. So that’s why tion in there for American citizens who ing in a statement on FISA negotia- that’s so important. are living or traveling abroad. tions on February 22, ‘‘The FISA Court Mrs. WILSON of New Mexico. I yield It clarifies that no court order is re- can approve surveillance orders quick- to my colleague from Oregon. quired to conduct surveillance of for- ly.’’ But I think what I learned tonight Mr. WALDEN of Oregon. I think, eign-to-foreign communications that from you is that while that may be the though, it’s important for us, too, to are routed through the United States. case, they don’t get that request until talk about the safeguards for American It provides enhanced oversight by somebody’s built up the whole probable citizens on American soil because I Congress of surveillance laws and pro- cause work; right? hear that when I go home: Are they lis- cedures; compels compliance by pri- Mrs. WILSON of New Mexico. If my tening in when I call my aunt or some- vate-sector partners; review by the colleague would think about that for a body across the street? This FISA Court of minimization procedures

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1028 CONGRESSIONAL RECORD — HOUSE February 25, 2008 that I believe you have just alluded to; warrants while I was there. This stat- be listening to what al Qaeda is saying and targeted immunity for carriers ute was never intended to apply to overseas? Don’t you think most Ameri- that participated in antiterrorist sur- overseas intelligence. It was solely in- cans want to hear the conversations veillance programs. tended to apply to agents of a foreign that we know they are having, because So I think that there are plenty of power who were in the United States. this is a long-term struggle, and we protections in place stronger than cur- This is a very dangerous game, and know that they are planning to attack rent law. And I think there is one other it’s probably the most important de- us again? Don’t the American people issue that needs to be addressed here bate that I’ve seen since I have been want us to be listening to that? And and now, immediately. Some have sug- elected to the Congress. By allowing yet by failing to make this Protect gested, that I think they have irrespon- the Protect America Act to expire, by America Act permanent, we are deny- sibly suggested, that the PAA’s, Pro- walking away from this Chamber 10 ing that opportunity. tect America Act’s, existing certifi- days ago and doing nothing about that, If I can just by saying that if, God cations will cover all potentially need- we see what the consequences are. We forbid, something happens between now ed surveillance, and I think it’s quite have heard the letters from the Direc- and the time we can finally get this clear that in the event that it expired, tor of Intelligence, from the Attorney body together to pass this act, and which it has, it’s unclear whether a General, and the failure now to be able American blood is spilled, that blood court would find any directives under to capture critical intelligence over- will be on the hands of all Members of the PAA enforceable once the act ex- seas. Congress. We need to get this act pires. And it’s my understanding too, if passed. b 2045 a previously unknown group were to Mrs. WILSON of New Mexico. I yield attack or kidnap American soldiers In fact, some estimates are as high as to my colleague from Pennsylvania. after the act expires, it would not be 66 percent. In other words, we are going Mr. DENT. The gentleman from covered under the certifications of the dark now in parts of the world where Texas made a very eloquent point. It is Protect America Act. And I think we we should be paying attention. This is well stated. His op-ed is worth reading. should talk about that. a dangerous game of politics; in my I would recommend anybody to read And there is another thing that I view it is partisan politics at its worst. this. It states all the points. But to follow up, we did have an inci- think we have to be concerned about We are literally putting Americans dent in this country where there were too is that I guess within 48 hours after at risk. The most solemn obligation we two suspected terrorists in the United the act expired, around February 14, have as Members of Congress is to pro- States, and in August of 2001, I believe there were at least a few incidents that tect the American people. And there is this was written about in the 9/11 Com- occurred around the world where we a reason why since September 11 we mission Report, there were two sus- have seen threats from radical haven’t seen a September 11. pected terrorists, and I know there was jihadists or radical extremists. In Den- Intelligence is the best weapon we have, as the gentlewoman has men- an individual whose name I can’t recall mark 2 days after February 14, we saw at the moment, but I believe he was in three jihadists that were arrested in a tioned, in this war on terror. And the idea that somehow when American sol- the counterterrorism division of the plot to murder a cartoonist for drawing FBI who was very concerned about two an editorial cartoon years ago that diers are kidnapped in Iraq overseas by al Qaeda and yet we are denied the op- individuals who he thought were in they found objectionable. We’ve all this country, and he wanted a nation- heard about that case. In the Phil- portunity to listen in because we have to get lawyered up, and we have to go wide manhunt. ippines it’s my understanding that And he had written a memo in Au- through the FISA Court to get that there were two jihadists associated gust of 2001 saying, some day someone emergency warrant, and in the mean- with al Qaeda who were said to be plot- is going to care about this, that all the time one soldier is killed and two we ting the assassination of the Filipino protections are being provided to al have not heard from since, really sad- President and bombing western embas- Qaeda and bin Laden at the expense of dens my heart as an American. And I sies. And, of course, there were re- the security of the American people. believe, as the gentleman from Penn- peated threats against Israel that we Those two people he was concerned sylvania said, we are derelict in our re- have all heard about, including one about were the two who crashed the sponsibilities. from Mr. Nasralla, the chief of plane into the Pentagon on September I want to share with the gentle- Hezbollah, who raised a prospect of a 11. I believe it was sometime in the woman an editorial, an op-ed that I war with Israel. He even said, ‘‘Zion- afternoon of September 11 he received ists, if you want this kind of open war, wrote with Admiral Bobby Inman. Why his request to go engage in that nation- let the whole world listen. Let this war is Admiral Inman important? He was wide manhunt for those two individ- be open.’’ And this was all said within the Director of National Intelligence, uals. So this is a very real issue. 48 hours after the expiration, I believe, the Deputy Director of the CIA under And I think we should try to con- of the act. both Democrat and Republican admin- clude this program in the way it began, Mrs. WILSON of New Mexico. Madam istrations. Admiral Inman was one of in talking about the need for biparti- Speaker, we have been joined by my the principal authors of the FISA stat- sanship, particularly when it comes to colleague from Texas, who is one of the ute. And in this editorial he says, to national security issues. And it can’t few Members of this House who has di- apply FISA to monitoring foreign com- be stated enough that our friends on rect experience in working with the munications, a suspected terrorist op- the other side of the aisle in the Senate Foreign Intelligence Surveillance Act erating overseas such as Osama bin and many in this House are waiting to when he worked for the Justice Depart- Laden and other key al Qaeda leaders, vote for this bill. We just want to have ment. turns the original intent of FISA on its the opportunity. As I said earlier, I I would be happy to yield to him. head. Turns the original intent of FISA think it is almost tantamount to a Mr. MCCAUL of Texas. I thank the on its head. dereliction of duty that the Speaker gentlewoman from New Mexico for That is what a few key leaders on the has not allowed a vote on this issue. your great leadership on this very im- other side of the aisle have done. By Sometimes, we have to take ‘‘yes’’ portant issue and for having this de- not allowing us to vote, they know for an answer. We have the solution. It bate tonight. that it would pass. It passed over- is in our reach. It is time to get the job I think we are denying democracy its whelmingly in the Senate in a bipar- done. And maybe if we do that, the voice by not allowing the Members who tisan way. And he goes on to say, con- American people will look more favor- represent the American people the op- trary to some of the rhetoric coming ably upon Congress. portunity to vote on the Protect Amer- from the Democrats, it is the members Mrs. WILSON of New Mexico. We are ica Act and to make that act perma- of al Qaeda, not American citizens, who very close to the time being up in the nent. are the target of these intelligence- hour that we have had this evening. As the gentlewoman mentioned, I do gathering activities. But I think it is important to summa- have experience in the Justice Depart- I submit the question, don’t you rize some of the things we have talked ment in this area. I applied for FISA think that most Americans want us to about here tonight.

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — HOUSE H1029 The Foreign Intelligence Surveil- gap this week. We have nine suspen- EXECUTIVE COMMUNICATIONS, lance Act was intended to protect the sions on the floor. We are naming post ETC. civil liberties of Americans while also offices tomorrow. Pull it up tomorrow. Under clause 8 of rule XII, executive allowing our intelligence agencies to And I will stand here shoulder to shoul- communications were taken from the collect the intelligence information der with them on the floor of this Speaker’s table and referred as follows: that can protect us. That is all it was House, we will overwhelmingly pass it, 5440. A letter from the Under Secretary for intended to do. But it has become out- and we can walk down to the White Acquisition, Technology and Logistics, De- dated because of changes in tech- House tomorrow afternoon so that the partment of Defense, transmitting notice of nology. President can sign it and protect this the completion of a public-private competi- We have a bill that has been passed country. tion at the Defense Logistics Agency, pursu- in the Senate by 68 votes. There has I yield the balance of our time. ant to 10 U.S.C. 2462(a); to the Committee on Armed Services. been a letter from 20 Democrats to f their own leadership saying, please, 5441. A letter from the Chief, Programs and LEAVE OF ABSENCE Legislation Division, Office of Legislative take up this bill because we want to Liaison, Department of the Air Force, De- vote for it. We all know here that if we By unanimous consent, leave of ab- partment of Defense, transmitting notice of were allowed to vote on this bill, it sence was granted to: a public-private competition of the Com- would pass overwhelmingly in the Mr. BISHOP of Georgia (at the request mander of Headquarters Air Combat Com- House, and the President has already of Mr. HOYER) for today. mand (HQ ACC), 57th Maintenance Group, said that he would sign it. Instead, we Mr. EDWARDS (at the request of Mr. Nellis Air Force Base, Nevada, pursuant to 10 are here tonight, 10 days after a law ex- HOYER) for today on account of death U.S.C. 2462; to the Committee on Armed in the family. Services. pired, that our Director of National In- 5442. A letter from the Comptroller, De- telligence, Admiral Mike McConnell, Mr. ELLISON (at the request of Mr. partment of Defense, transmitting the De- has said has already degraded our abil- HOYER) for today on account of official partment’s quarterly report as of December ity to gather intelligence on the people business. 31, 2007, entitled, ‘‘Acceptance of contribu- who are trying to kill Americans. I Mr. RUPPERSBERGER (at the request tions for defense programs, projects and ac- think that is inexcusable. of Mr. HOYER) for today on account of tivities; Defense Cooperation Account,’’ pur- I think we made a decision as a coun- medical reasons. suant to 10 U.S.C. 2608; to the Committee on try on the morning of 9/11. We made a Mr. SHERMAN (at the request of Mr. Armed Services. 5443. A letter from the Assistant Legal Ad- decision that we were going to go on HOYER) for today. viser for Treaty Affairs, Department of offense. We were going to play away Ms. WOOLSEY (at the request of Mr. State, transmitting Copies of international games because the home games cost HOYER) for today and for the balance of agreements, other than treaties, entered into too much. the week on account of medical rea- by the United States, pursuant to 1 U.S.C. I want the leaders of al Qaeda hiding sons. 112b; to the Committee on Foreign Affairs. in a hole in the mountains between Mr. LUCAS (at the request of Mr. 5444. A letter from the District of Columbia Pakistan and Afghanistan wondering BOEHNER) for today on account of a Auditor, Office of the District of Columbia whether they can use their cell phones family commitment. Auditor, transmitting a report entitled, ‘‘Letter Report: Certification of the Fiscal without being detected by American f Year 2008 Total Non-Dedicated Local Source Special Forces, rather than Americans SPECIAL ORDERS GRANTED Revenues in Support of the District’s using their cell phones to call home $333,840,000 General Obligation Bonds one last time. That is the difference. By unanimous consent, permission to (2007C),’’ pursuant to D.C. Code section 47- As my colleagues from Texas and address the House, following the legis- 117(d); to the Committee on Oversight and Pennsylvania said, God forbid, God for- lative program and any special orders Government Reform. bid that we have to have another 9/11 heretofore entered, was granted to: 5445. A letter from the Secretary, Depart- Commission, that we have another ter- (The following Members (at the re- ment of Education, transmitting the Depart- ment’s 2007 Annual Report on Grants rorist attack. I believe that the great- quest of Ms. KAPTUR) to revise and ex- Streamlining, pursuant to Public Law 106- est accomplishment of the last 6 years tend their remarks and include extra- 107, section 5; to the Committee on Oversight has been what has not happened. There neous material:) and Government Reform. has not been another terrorist attack Mr. DEFAZIO, for 5 minutes, today. 5446. A letter from the Assistant Secretary on our soil, and they have tried. Our Ms. KAPTUR, for 5 minutes, today. for Administration and Mgmt., Department first line of defense in preventing an- (The following Members (at the re- of Labor, transmitting a report pursuant to other terrorist attack is good intel- quest of Mr. KIRK) to revise and extend the Federal Vacancies Reform Act of 1998; to ligence. And because this law expired their remarks and include extraneous the Committee on Oversight and Govern- ment Reform. 10 days ago, we are tying the hands of material:) 5447. A letter from the Assistant Secretary the intelligence agencies who are Mr. POE, for 5 minutes, today and for Administration and Mgmt., Department sworn to protect us. We are making it February 26, 27, and 28. of Labor, transmitting a report pursuant to harder for them. We are making them Mr. JONES of North Carolina, for 5 the Federal Vacancies Reform Act of 1998; to jump through hoops that in some cases minutes, today and February 26, 27, and the Committee on Oversight and Govern- are too high and taking tremendous 28. ment Reform. 5448. A letter from the Assistant Secretary risks for the American people. Why? Mr. KIRK, for 5 minutes, today. for Administration and Mgmt., Department Because a minority of Democrats, in- Mr. FRANKS of Arizona, for 5 minutes, of Labor, transmitting a report pursuant to cluding their leadership, refuse to today and February 26, 27, and 28. the Federal Vacancies Reform Act of 1998; to allow a bipartisan bill to be brought up Mr. BROUN of Georgia, for 5 minutes, the Committee on Oversight and Govern- on the floor of this House. Shame on today. ment Reform. them. Shame on them for not putting Mr. GARRETT of New Jersey, for 5 5449. A letter from the Attorney Advisor, the security of this country first. minutes, February 28. Department of Transportation, transmitting If we have that other commission a report pursuant to the Federal Vacancies f Reform Act of 1998; to the Committee on after another terrorist attack, they are ADJOURNMENT Oversight and Government Reform. going to be saying, why didn’t you pro- 5450. A letter from the Secretary, Mis- tect us? What you are seeing tonight is The SPEAKER pro tempore. Without sissippi River Commission, Department of why. You can’t connect the dots unless objection, the House stands adjourned the Army, Department of the Army, trans- you can collect the dots in the first until 10:30 a.m. tomorrow for morning- mitting a copy of the annual report in com- place. This is about allowing our intel- hour debate. pliance with the Government in the Sun- ligence agencies to collect the dots There was no objection. shine Act covering the calendar year 2007, that can protect us. Accordingly (at 8 o’clock and 55 min- pursuant to 5 U.S.C. 552b(j); to the Com- mittee on Oversight and Government Re- I would urge the Democratic leader- utes p.m.), under its previous order, the form. ship, as my colleague from Pennsyl- House adjourned until tomorrow, Tues- 5451. A letter from the Associate Deputy vania said, to take ‘‘yes’’ for an an- day, February 26, 2008, at 10:30 a.m., for Secretary, Department of the Interior, trans- swer, to fix this problem, to close this morning-hour debate. mitting the Department’s Annual Report on

VerDate Aug 31 2005 00:42 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD08\RECFILES\H25FE8.REC H25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE H1030 CONGRESSIONAL RECORD — HOUSE February 25, 2008 grants streamlining and standardization, 5461. A letter from the Program Analyst, transmitting the Service’s final rule — covering the period from September 2006 to Department of Transportation, transmitting Qualifying Advanced Coal Project--Special November 2007, pursuant to Public Law 106- the Department’s final rule — Airworthiness Allocation Round [Notice 2008-26] received 107, section 5; to the Committee on Oversight Directives; Hawker Beechcraft Model 400A February 19, 2008, pursuant to 5 U.S.C. and Government Reform. Series Airplanes [Docket No. FAA-2007-28883; 801(a)(1)(A); to the Committee on Ways and 5452. A letter from the Acting Assistant Directorate Identifier 2007-NM-106-AD; Means. Administrator for Legislative and Intergov- Amendment 39-15267; AD 2007-24-01] (RIN: 5470. A letter from the Chief, Publications ernmental Affairs, National Aeronautics and 2120-AA64) received February 15, 2008, pursu- and Regulations, Internal Revenue Service, Space Administration, transmitting a report ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Service’s final rule — 26 on the Administration’s category rating sys- on Transportation and Infrastructure. C.F.R. 702.9037-2T: Payments from the Presi- tem covering the period from November 2006 5462. A letter from the Program Analyst, dential Primary Matching Payment Account through November 2007, pursuant to 5 U.S.C. Department of Transportation, transmitting (temporary). (Rev. Proc. 2008-15) received 3319(d); to the Committee on Oversight and the Department’s final rule — Airworthiness February 19, 2008, pursuant to 5 U.S.C. Government Reform. Directives; Rolls-Royce Corporation AE 801(a)(1)(A); to the Committee on Ways and 5453. A letter from the Chairman, Nuclear 3007A and AE 3007C Series Turbofan Engines Means. Regulatory Commission, transmitting a copy [Docket No. FAA-2007-26966; Directorate 5471. A letter from the Branch Chief, Publi- of the annual report in compliance with the Identifier 99-NE-01-AD; Amendment 39-15271; cations and Regulations, Internal Revenue Government in the Sunshine Act during the AD 2007-24-05] (RIN: 2120-AA64) received Feb- Service, transmitting the Service’s final rule calendar year 2007, pursuant to 5 U.S.C. ruary 15, 2008, pursuant to 5 U.S.C. — Payments from the Presidential Primary 552b(j); to the Committee on Oversight and 801(a)(1)(A); to the Committee on Transpor- Matching Payment Account [TD 9382] (RIN: Government Reform. tation and Infrastructure. 1545-BH41) received February 19, 2008, pursu- 5454. A letter from the Assistant Secretary 5463. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee for Fish, Wildlife and Parks, Department of Department of Transportation, transmitting on Ways and Means. the Interior, transmitting the Department’s the Department’s final rule — Airworthiness 5472. A letter from the Chief, Publications Directives; Cirrus Design Corporation Model final rule — Endangered and Threatened and Regulations, Internal Revenue Service, SR22 Airplanes [Docket No. FAA-2007-0250; Wildlife and Plants; Revised Designation of transmitting the Service’s final rule — Directorate Identifier 2007-CE-091-AD; Critical Habitat for Astragalus magdalenae TIPRA Amendments to Section 199 [TD 9381] Amendment 39-15279; AD 2007-24-13] (RIN: var. peirsonii (Peirson’s Milk-Vetch) [[FWS- (RIN: 1545-BF79) received February 19, 2008, 2120-AA64) received February 15, 2008, pursu- R8-ES-2008-0019] [92210-117-0000-B4]] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1018-AU98) received February 15, 2008, pursu- mittee on Ways and Means. ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. 5464. A letter from the Program Analyst, 5473. A letter from the Under Secretary for on Natural Resources. Policy, Department of Defense, transmitting 5455. A letter from the Assistant Secretary Department of Transportation, transmitting the Department’s final rule — Airworthiness the Department’s notification of the inten- for Fish, Wildlife and Parks, Department of tion to obligate FY 2008 funds under the Co- the Interior, transmitting the Department’s Directives; Hartzell Propeller Inc. Model HC- E5N-3(), HC-E5N-3()(L), and HC-E5B-5() Pro- operative Threat Reduction Program, pursu- final rule — Endangered and Threatened ant to Public Law 104-106, section 1205; joint- Wildlife and Plants; Designation of Critical pellers [Docket No. FAA-2007-28656; Direc- torate Identifier 2007-NE-31-AD; Amendment ly to the Committees on Armed Services and Habitat for Berberis nevinii (Nevin’s bar- Foreign Affairs. berry) [[FWS-R8-ES-2008-0011][92210-1117-0000- 39-15280; AD 2007-24-14] (RIN: 2120-AA64) received February 15, 2008, pursuant to 5 U.S.C. 5474. A letter from the Inspector General, B4]] (RIN: 1018-AU84) received February 15, Special Inspector General for Iraq Recon- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. struction, transmitting the January 2008 Committee on Natural Resources. Quarterly Report pursuant to Section 3001(i) 5456. A letter from the Assistant Secretary 5465. A letter from the Program Analyst, Department of Transportation, transmitting of Title III of the 2004 Emergency Supple- for Legislative Affairs, Department of State, the Department’s final rule — Airworthiness mental Appropriations for Defense and for transmitting the designation as ‘‘foreign ter- Directives; GROB-WERKE GMBH & CO KG the Reconstruction of Iraq and Afghanistan rorist organization’’ pursuant to Section 219 Models G102 CLUB ASTIR III, G102 CLUB (Pub. L. 108-106) as amended by Pub. L. 108- of the Immigration and Nationality Act, pur- ASTIR IIIb, and G102 STANDARD ASTIR III 375, Pub. L. 109-102, Pub. L. 109-364, Pub. L. suant to 8 U.S.C. 1189; to the Committee on Gliders [Docket No. FAA-2007-28670 Direc- 109-440, and Pub. L. 110-28; jointly to the the Judiciary. Committees on Foreign Affairs and Appro- 5457. A letter from the Chief, Regulations torate Identifier 2007-CE-060-AD; Amendment 39-15277; AD 2007-24-11] (RIN: 2120-AA64) re- priations. and Administrative Law, Department of ceived February 15, 2008, pursuant to 5 U.S.C. Homeland Security, transmitting the De- f 801(a)(1)(A); to the Committee on Transpor- partment’s final rule — Regulated Naviga- tation and Infrastructure. REPORTS OF COMMITTEES ON tion Area; Buzzards Bay, Massachusetts; 5466. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS Navigable Waterways within the First Coast Department of Transportation, transmitting Under clause 2 of rule XIII, reports of Guard District [CGD01-04-133] (RIN: 1625- the Department’s final rule — Airworthiness AB17) received February 12, 2008, pursuant to Directives; Societe de Motorisations committees were delivered to the Clerk 5 U.S.C. 801(a)(1)(A); to the Committee on Aeronautiques (SMA) SR305-230 and SR305- for printing and reference to the proper Transportation and Infrastructure. 230-1 Reciprocating Engines [Docket No. calendar, as follows: 5458. A letter from the Chief, Regulations FAA-2006-26102; Directorate Identifier 2006- and Administrative Law, Department of Mr. RANGEL: Committee on Ways and NE-36-AD; Amendment 39-15272; AD 2007-24- Means. H.R. 5264. A bill to extend certain Homeland Security, transmitting the De- 06] (RIN: 2120-AA64) received February 15, partment’s final rule — Drawbridge Oper- trade preference programs, and for other pur- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the poses; with amendments (Rept. 110–529). Re- ation Regulation; Milhomme Bayou, Committee on Transportation and Infra- Stephensville, LA. [Docket No. USCG-2007- ferred to the Committee of the Whole House structure. on the State of the Union. 0146] (RIN: 1625-AA09) received February 12, 5467. A letter from the Program Analyst, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting DISCHARGE OF COMMITTEE Committee on Transportation and Infra- the Department’s final rule — Airworthiness [The following action occurred on February 22, structure. Directives; Turbomeca Arriel 2S1 and 2S2 2008] 5459. A letter from the Chief, Regulations Turboshaft Engines [Docket No. FAA-2007- Pursuant to clause 2 of rule XII, the and Administrative Law, Department of 28125; Directorate Identifier 2007-NE-17-AD; Homeland Security, transmitting the De- Committees on Energy and Commerce Amendment 39-15276; AD 2007-24-10] (RIN: and the Judiciary discharged from fur- partment’s final rule — Drawbridge Oper- 2120-AA64) received February 15, 2008, pursu- ation Regulations; Chelsea River, Chelsea ant to 5 U.S.C. 801(a)(1)(A); to the Committee ther consideration. H.R. 275 referred to and East Boston, MA [USCG-2007-186] re- on Transportation and Infrastructure. the Committee of the Whole House on ceived February 12, 2008, pursuant to 5 U.S.C. 5468. A letter from the Program Analyst, the State of the Union. 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting f tation and Infrastructure. the Department’s final rule — Airworthiness 5460. A letter from the Chief, Regulations Directives; Rolls-Royce plc RB211 Trent 768- PUBLIC BILLS AND RESOLUTIONS and Administrative Law, Department of 60, 772-60, and 772B-60 Turbofan Engines Under clause 2 of rule XII, public Homeland Security, transmitting the De- [Docket No. FAA-2006-26052; Directorate bills and resolutions were introduced partment’s final rule — Drawbridge Oper- Identifier 2006-NE-30-AD; Amendment 39- ation Regulation; Gulf Intracoastal Water- 15275; AD 2007-24-09] (RIN: 2120-AA64) received and severally referred, as follows: way, Mile 131.8, Clearwater, FL [Docket No. February 15, 2008, pursuant to 5 U.S.C. By Mr. GUTIERREZ (for himself, Mr. CGD07-07-107] (RIN: 1625-AA09) received Feb- 801(a)(1)(A); to the Committee on Transpor- BACHUS, Mr. FRANK of Massachusetts, ruary 12, 2008, pursuant to 5 U.S.C. tation and Infrastructure. and Mr. PAUL): 801(a)(1)(A); to the Committee on Transpor- 5469. A letter from the Publications and H.R. 5478. A bill to provide for the contin- tation and Infrastructure. Regulations Unit, Internal Revenue Service, ued minting and issuance of certain $1 coins

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in 2008; to the Committee on Financial Serv- autism and to improve training and support H.R. 351: Mr. GRIJALVA. ices. considered and passed. for individuals with autism and those who H.R. 583: Mrs. MYRICK. By Mr. EHLERS (for himself, Mr. care for individuals with autism; to the Com- H.R. 636: Mr. CAMP of Michigan. WALBERG, Mr. UPTON, Mrs. MILLER of mittee on Energy and Commerce, and in ad- H.R. 643: Mr. ROSS. Michigan, Mr. HOEKSTRA, Mr. LEVIN, dition to the Committees on Education and H.R. 661: Mr. TOWNS. Mr. DINGELL, Mr. ROGERS of Michi- Labor, and Foreign Affairs, for a period to be H.R. 685: Mr. GONZALEZ. gan, Mr. CAMP of Michigan, Mr. KIL- subsequently determined by the Speaker, in H.R. 687: Mr. MCDERMOTT. DEE, Ms. KILPATRICK, Mr. MCCOTTER, each case for consideration of such provi- H.R. 697: Mrs. WILSON of New Mexico and Mr. STUPAK, Mr. KNOLLENBERG, and sions as fall within the jurisdiction of the Mr. BROUN of Georgia. Mr. CONYERS): committee concerned. H.R. 758: Ms. HERSETH SANDLIN, Ms. H.R. 5479. A bill to designate the facility of By Mr. BROUN of Georgia (for himself, CLARKE, Mr. BECERRA, Ms. WATSON, Mr. the United States Postal Service located at Mr. BURGESS, Mr. BOUSTANY, Mr. BUTTERFIELD, Mr. WELCH of Vermont, and 117 North Kidd Street in Ionia, Michigan, as PRICE of Georgia, Mr. PAUL, Mr. Ms. SUTTON. the ‘‘Alonzo Woodruff Post Office Building’’; WESTMORELAND, Mr. SNYDER, Mr. H.R. 849: Mr. LAMPSON. to the Committee on Oversight and Govern- LINDER, Mr. GINGREY, Mrs. H.R. 850: Mr. LAMPSON. ment Reform. CHRISTENSEN, Mr. DEAL of Georgia, H.R. 938: Mr. BROUN of Georgia. By Mr. HOYER (for himself and Mr. and Mr. KAGEN): H.R. 1014: Ms. TSONGAS. BOEHNER) (both by request): H. Res. 994. A resolution expressing support H.R. 1043: Mr. SIRES. H.R. 5480. A bill to respond to a Medicare for designation of a National Glanzmann’s H.R. 1078: Mr. LOBIONDO. funding warning; to the Committee on En- Thrombasthenia Awareness Day; to the Com- H.R. 1110: Mr. HALL of Texas. ergy and Commerce, and in addition to the mittee on Oversight and Government Re- H.R. 1245: Mr. SAXTON. Committees on the Judiciary, and Ways and form. H.R. 1342: Mr. BROUN of Georgia. Means, for a period to be subsequently deter- By Mr. MARIO DIAZ-BALART of Flor- H.R. 1436: Mr. FORTUN˜ O and Mr. ENGLISH of mined by the Speaker, in each case for con- ida (for himself, Mr. SIRES, Ms. ROS- Pennsylvania. sideration of such provisions as fall within LEHTINEN, Ms. WASSERMAN SCHULTZ, H.R. 1439: Mr. BERRY and Mr. SALI. the jurisdiction of the committee concerned. Mr. LINCOLN DIAZ-BALART of Florida, H.R. 1518: Mr. TOWNS. By Mr. BILIRAKIS: Mr. MACK, Mr. FORTUN˜ O, Mr. ROHR- H.R. 1541: Mr. GORDON. H.R. 5481. A bill to provide an additional 0.5 ABACHER, Mr. BURTON of Indiana, Mr. H.R. 1586: Mr. BROUN of Georgia. percent increase in the rates of military WILSON of South Carolina, Mr. KLEIN H.R. 1621: Mr. PLATTS, Mrs. MALONEY of basic pay for members of the uniformed serv- of Florida, Mr. ENGEL, Mr. MICA, Mr. New York, and Mr. MARKEY. ices above the pay increase proposed by the WEXLER, Mr. LOBIONDO, Mr. KING- H.R. 1653: Ms. SCHWARTZ. Department of Defense so as to ensure at STON, Mr. HASTINGS of Florida, Mr. H.R. 1738: Ms. Baldwin least a minimum pay increase of 3.9 percent SAM JOHNSON of Texas, Mr. CHABOT, H.R. 1783: Ms. DEGETTE, Mr. GUTIERREZ, for members and to further narrow the pay Mr. SMITH of New Jersey, Mr. and Mr. GONZALEZ. gap that exists between the military and pri- MCCOTTER, Mr. KING of Iowa, Mrs. H.R. 1926: Mr. CLAY. vate sector pay scales; to the Committee on SCHMIDT, Mr. BROUN of Georgia, Mr. H.R. 1937: Mr. SALI and Mrs. MUSGRAVE. Armed Services. GARRETT of New Jersey, Mr. TIM H.R. 1983: Mr. HOLT. By Mr. BROWN of South Carolina: MURPHY of Pennsylvania, Mr. BU- H.R. 2020: Mr. BOSWELL and Mr. ROSS. H.R. 5482. A bill to extend the duty suspen- CHANAN, Ms. CORRINE BROWN of Flor- H.R. 2040: Mr. ALTMIRE, Mr. CRAMER, Mr. sion on Allyl isosulfocynate; to the Com- ida, and Mr. BOYD of Florida): ANDREWS, Mrs. BOYDA of Kansas, Mrs. mittee on Ways and Means. H. Res. 995. A resolution commemorating TAUSCHER, Ms. BERKLEY, Mr. MCGOVERN, Mr. By Mr. TOM DAVIS of Virginia: the 12th anniversary of the 1996 shooting KILDEE, Mr. RANGEL, Mr. LEVIN, Mr. H.R. 5483. A bill to designate the facility of down of 2 unarmed Brothers to the Rescue TIERNEY, Ms. WASSERMAN SCHULTZ, Mr. the United States Postal Service located at civilian aircraft, licensed by the United LANGEVIN, Mr. HODES, Mr. BECERRA, Ms. 10449 White Granite Drive in Oakton, Vir- States, by the Cuban regime; to the Com- HOOLEY, Mr. BRALEY of Iowa, Mr. FARR, Mr. ginia, as the ‘‘Private First Class David H. mittee on Foreign Affairs. SKELTON, Mr. KAGEN, Mr. BAIRD, Mr. Sharrett II Post Office Building’’; to the By Mrs. JONES of Ohio (for herself, BLUMENAUER, Ms. SCHAKOWSKY, Mr. Committee on Oversight and Government Mr. TIBERI, Mr. BECERRA, Mr. BISHOP MCNERNEY, Mr. OLVER, Mrs. CAPPS, Ms. Reform. of Georgia, Ms. CORRINE BROWN of SOLIS, Mr. BISHOP of New York, Mr. LARSON By Mr. FRANK of Massachusetts: Florida, Ms. CLARKE, Mr. DAVIS of Il- of Connecticut, Mr. RODRIGUEZ, and Mr. VAN H.R. 5484. A bill to amend the Internal Rev- linois, Mr. ENGLISH of Pennsylvania, HOLLEN. enue Code of 1986 to exclude from income and Mr. HINOJOSA, Mr. SAM JOHNSON of H. R. 2188: Mr. RENZI. employment taxes real property tax abate- Texas, Mr. MCNULTY, Ms. MOORE of H. R. 2189: Mr. WEINER. ments for seniors and disabled individuals in Wisconsin, Mr. PAYNE, Mr. RANGEL, H. R. 2193: Mr. COHEN. exchange for services; to the Committee on Ms. SUTTON, Mrs. BIGGERT, Mr. H. R. 2221: Ms. MCCOLLUM of Minnesota. Ways and Means. BLUMENAUER, Mrs. CHRISTENSEN, Mr. H. R. 2493: Mr. PLATTS. By Mr. MILLER of North Carolina: CLAY, Mr. EMANUEL, Mr. HASTINGS of H. R. 2578: Ms. DELAURO and Mrs. CAPITO. H.R. 5485. A bill to establish a program to Florida, Ms. EDDIE BERNICE JOHNSON H. R. 2588: Mr. PAUL and Mr. BARTLETT of evaluate HIV/AIDS programs in order to im- of Texas, Mr. MCCOTTER, Mr. MEEK of Maryland. AHALL prove accountability, increase transparency, Florida, Ms. NORTON, Mr. POMEROY, H. R. 2676: Mr. R . H. R. 2702: Mr. PATRICK MURPHY of Penn- and ensure the delivery of evidence-based Ms. SCHAKOWSKY, Mr. THOMPSON of sylvania. services; to the Committee on Foreign Af- Mississippi, Ms. WATSON, Mr. JEFFER- H. R. 2712: Mr. FRANKS of Arizona. fairs. SON, and Mr. COOPER): By Mr. ROGERS of Alabama (for him- H. Res. 996. A resolution expressing support H. R. 2802: Mr. CARDOZA. self and Mr. ADERHOLT): for the second annual America Saves Week H. R. 2812: Mr. PAUL. H.R. 5486. A bill to expand the boundaries 2008 from February 24, 2008 through March 2, H. R. 2933: Mrs. EMERSON. of the Little River Canyon National Preserve 2008; to the Committee on Financial Serv- H. R. 2991: Mr. HALL of New York and Mr. in the State of Alabama; to the Committee ices. PERLMUTTER. on Natural Resources. By Mr. WEXLER (for himself, Mr. H. R. 3036: Mr. ETHERIDGE. H. R. 3080: Mr. SHAYS. By Ms. LORETTA SANCHEZ of Cali- GALLEGLY, and Ms. SCHWARTZ): fornia: H. Res. 997. A resolution expressing the H. R. 3088: Mr. BURTON of Indiana and Mr. H.R. 5487. A bill to establish the Affordable strong support of the House of Representa- ENGLISH of Pennsylvania. Homeownership Preservation Fund of the tives for the North Atlantic Treaty Organi- H. R. 3114 Mr. DAVIS of Illinois, Mr. VAN Neighborhood Reinvestment Corporation; to zation to enter into a Membership Action HOLLEN, Mr. BOSWELL, Mr. MICHAUD, Mr. the Committee on Financial Services. Plan with Georgia and Ukraine; to the Com- SCOTT of Virginia, Mr. LEWIS of Georgia, Mr. By Ms. GRANGER (for herself, Mr. mittee on Foreign Affairs. GONZALEZ, Mr. BERMAN, Mr. HARE, and Mr. KENNEDY, and Mr. WYNN): YARMUTH. H. Con. Res. 302. Concurrent resolution f H.R. 3197: Mr. SIRES, Mr. TOWNS, and Mr. supporting the observance of Colorectal Can- ADDITIONAL SPONSORS MEEKs of New York. cer Awareness Month, and for other pur- H.R. 3212: Mr. DELAHUNT. poses; to the Committee on Energy and Com- Under clause 7 of rule XII, sponsors H.R. 3219: Mr. TOWNS. merce. were added to public bills and resolu- H.R. 3327: Mr. TOWNS. By Mr. DOYLE (for himself and Mr. tions as follows: H.R. 3404: Ms. SCHWARTZ. SMITH of New Jersey): H.R. 136: Mr. LAMPSON. H.R. 3429: Mr. GORDON. H. Con. Res. 303. Concurrent resolution rec- H.R. 303: Ms. SLAUGHTER. H.R. 3457: Mr. FARR. ognizing the importance of autism aware- H.R. 333: Mr. SCOTT of Georgia, Mr. PAT- H.R. 3533: Mr. STARK, Mr. ELLSWORTH, and ness, supporting efforts to increase funding RICK MURPHY of Pennsylvania, Mr. FARR, and Mr. ALEXANDER. for research into the causes and treatment of Mr. MICA. H.R. 3543: Mr. KUCINICH.

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H.R. 3652: Mr. HARE, Mr. LIPINSKI, Ms. H.R. 5161: Mr. GORDON of Tennessee and Mr. H. Res. 163: Mr. NEAL of Massachusetts. MCCOLLUM of Minnesota, Mr. RYAN of Ohio, BAIRD. H. Res. 265: Mr. BRADY of Pennsylvania, Mr. MCGOVERN, Mr. HIGGINS, and Mr. HILL. H.R. 5167: Mr. GRIJALVA. Ms. SUTTON, Mr. REYES, and Mr. ORTIZ. H.R. 3689: Mr. VAN HOLLEN and Mr. H.R. 5173: Ms. SLAUGHTER, Mr. WU, Mr. H. Res. 339: Mr. PLATTS. YARMUTH. GILCHREST, and Mr. TOWNS. H. Res. 356: Mr. ROYCE and Mr. GARRETT of H.R. 3748: Mr. GORDON. H.R. 5180: Mr. PASTOR, Ms. ZOE LOFGREN of New Jersey. H.R. 3750: Mr. RYAN of Ohio. California, Ms. SCHAKOWSKY, Mr. LYNCH, Mr. H. Res. 672: Mr. FERGUSON and Mr. ROSS. MCGOVERN, Ms. TSONGAS, Mr. DEFAZIO, Mr. H.R. 3797: Mr. LARSON of Connecticut, Mr. H. Res. 792: Ms. BALDWIN. ´ HIGGINS, Ms. HIRONO, Mr. WEXLER, Mr. GER- HINOJOSA, Ms. LINDA T. SANCHEZ of Cali- H. Res. 795: Ms. SHEA-PORTER and Mr. LACH, Ms. MATSUI, Mr. ORTIZ, Mr. PLATTS, fornia, and Mr. WU. BLUMENAUER. H.R. 3819: Mr. LOBIONDO and Mr. BOUCHER. Mr. FATTAH, Mr. CARDOZA, Mr. LAMPSON, Mr. H. Res. 858: Mr. MCDERMOTT, Mr. MCGOV- H.R. 3852: Mr. WILSON of Ohio and Mr. AL- WU, Ms. MOORE of Wisconsin, Mr. FILNER, ERN, Mr. KILDEE, Mr. HINOJOSA, Mr. CARNEY, EXANDER. Mr. RAHALL, Mr. MOORE of Kansas, Mr. HALL Ms. NORTON, and Mr. MCNULTY. H.R. 3865: Ms. WOOLSEY and Mrs. BOYDA of of New York, and Mr. ENGEL. H. Res. 883: Mr. LEWIS of Georgia, Mr. Kansas. H.R. 5223: Mr. MCINTYRE, Mrs. TAUSCHER, WEINER, Mr. HINCHEY, and Ms. CORRINE H.R. 3934: Mr. NUNES, Mr. TERRY, and Mr. Mr. GRIJALVA, and Mr. SMITH of Washington. BROWN of Florida. JOHNSON of Georgia. H.R. 5233: Mr. FEENEY. H. Res. 887: Mr. ELLSWORTH. H.R. 4044: Mr. MILLER of Florida. H.R. 5235: Mr. CALVERT. H. Res. 888: Mr. TERRY, Mr. BROWN of H.R. 4054: Mr. SCOTT of Virginia and Mr. H.R. 5244: Mr. CONYERS, Ms. MCCOLLUM of South Carolina, and Mr. CONAWAY. HODES. Minnesota, Mr. WU, Mr. RODRIGUEZ, Mr. KEN- H.R. 4088: Mr. KLEIN of Florida. NEDY, Mr. CLAY, and Ms. WOOLSEY. H. Res. 900: Mr. HASTINGS of Florida, Mr. H.R. 4089: Mr. FRANK of Massachusetts, Mr. H.R. 5265: Mr. ALLEN, Ms. MCCOLLUM of JEFFERSON, Mr. MEEKS of New York, Mrs. FARR, Mr. BRALEY of Iowa, and Mr. DOYLE. Minnesota, Mr. PASTOR, Ms. SHEA-PORTER, CHRISTENSEN, Mr. BRADY of Texas, Mr. H.R. 4102: Mr. RANGEL, Mr. BRADY of Penn- Mr. MICHAUD, Mr. HINCHEY, Mr. PLATTS, Mr. CUMMINGS, Mr. BRADY of Pennsylvania, Mr. sylvania, Mr. HOLT, Mr. GEORGE MILLER of GOODE, Mr. MCDERMOTT, Mr. RODRIGUEZ, Mr. CLEAVER, Mrs. JONES of Ohio, Mr. CLAY, Mr. California, and Mr. WU. WELCH of Vermont, Mr. MURPHY of Con- CONYERS, and Ms. LEE. H.R. 4105: Mr. ETHERIDGE and Mr. DAVIS of necticut, and Mrs. CAPPS. H. Res. 924: Mr. HARE, Mr. CARNEY, and Mr. Illinois. H.R. 5351: Mr. LOEBSACK and Mr. WELCH of Vermont. H.R. 4138: Mr. TIBERI. FALEOMAVAEGA. H. Res. 934: Mr. NEUGEBAUER. H.R. 4139: Mr. OBERSTAR, Mr. WALDEN of H.R. 5401: Mr. HOLT. H. Res. 939: Mr. SALI and Mr. FRANKS of Ar- Oregon, Mr. RODRIGUEZ, Mr. HINCHEY, Mr. H.R. 5428: Ms. WOOLSEY. izona. H.R. 5440: Mr. TERRY, Mr. FEENEY, Mr. THOMPSON of California, and Mr. THOMPSON H. Res. 951: Mr. BACA, Mr. BARTON of of Mississippi. ROHRABACHER, Mr. WALBERG, Mr. PRICE of Texas, Mr. SHIMKUS, Mr. KIND, Mr. COBLE, Georgia, Mr. KUHL of New York, Mr. H.R. 4236: Mr. MCDERMOTT, Ms. WOOLSEY, Mr. COSTELLO, Mr. GORDON, Mr. MEEK of MCCOTTER, Mr. THORNBERRY, Mr. SHUSTER, Mr. CUMMINGS, Mrs. MCCARTHY of New York, Florida, Ms. GIFFORDS, Mr. STEARNS, Mr. Mr. HUNTER, Mr. GINGREY, Mr. WILSON of Mr. JOHNSON of Georgia, Mr. KUCINICH, Mr. MILLER of Florida, Mr. RANGEL, Mr. HODES, South Carolina, and Mr. PLATTS. COSTELLO, and Mr. HODES. Mr. HIGGINS, Mr. SULLIVAN, Mr. BARROW, Ms. H.R. 5441: Mr. PATRICK MURPHY of Pennsyl- H.R. 4237: Ms. SHEA-PORTER. ROS-LEHTINEN, Mr. DAVIS of Illinois, Mr. vania. H.R. 4266: Mr. PRICE of North Carolina and CHANDLER, Mr. JOHNSON of Georgia, Mr. ED- H.R. 5445: Mr. BOEHNER. Mr. MOORE of Kansas. WARDS, Mr. SESTAK, Mr. GALLEGLY, Mr. H.R. 5450: Mr. MCCRERY, Mr. EMANUEL, Mr. H.R. 4280: Mr. ELLSWORTH. BARTLETT of Maryland, Mr. SOUDER, Mr. SAM ENGLISH of Pennsylvania, Mrs. MYRICK, Mr. H.R. 4294: Mr. DOGGETT. JOHNSON of Texas, Mr. LINCOLN DIAZ-BALART KLINE of Minnesota, and Mrs. BLACKBURN. H.R. 4296: Mr. TOWNS. of Florida, Mr. LINDER, Ms. SCHAKOWSKY, and H.R. 5462: Ms. FOXX. H.R. 4307: Mr. UPTON, Mr. HENSARLING, and Mr. SMITH of Texas. H.R. 5465: Mr. ELLISON and Mrs. TAUSCHER. Mr. PAUL. H.R. 5469: Mr. WU and Mr. BRADY of Penn- H. Res. 962: Ms. MOORE of Wisconsin, Mr. H.R. 4308: Mr. Fortun˜ o. sylvania. FATTAH, Mr. DAVIS of Illinois, Mrs. DAVIS of H.R. 4318: Mr. SALI. H. Con. Res. 69: Mr. SERRANO, Mr. BROUN of California, Mr. HONDA, Mr. LEWIS of Cali- H.R. 4335: Mr. BRADY of Pennsylvania and Georgia, and Mr. BURTON of Indiana. fornia, and Mr. CUMMINGS. Mr. WEINER. H. Con. Res. 81: Mr. BOUCHER. H. Res. 968: Mr. HUNTER, Mr. LEWIS of Cali- H.R. 4449: Mr. SCOTT of Georgia and Mr. H. Con. Res. 232: Mr. AKIN. fornia, and Mr. TOM DAVIS of Virginia. ROSS. H. Con. Res. 244: Mr. WITTMAN of Virginia, H. Res. 977: Ms. SCHAKOWSKY, Mr. H.R. 4461: Mr. WILSON of Ohio. Mr. HASTINGS of Washington, and Mr. HOB- CUMMINGS, and Mr. GORDON. H.R. 4833: Mr. GRIJALVA. SON. H. Res. 978: Mrs. BOYDA of Kansas, Mr. H.R. 4915: Mr. LOBIONDO and Mr. HASTINGS H. Con. Res. 268: Mr. MURTHA. YARMUTH, Ms. MATSUI, Mr. WALZ of Min- of Washington. H. Con. Res. 280: Mr. WEINER and Mr. BAR- nesota, Mr. RAMSTAD, Mr. DAVIS of Illinois, H.R. 4926: Mr. PAYNE, Mrs. DAVIS of Cali- ROW. and Mr. HALL of Texas. fornia, Ms. HIRONO, Mr. ISRAEL, Mr. HARE, H. Con. Res. 290: Mr. ISSA. H. Res. 981: Mrs. CAPPS, Mr. ROSS, Mr. Mr. SCOTT of Virginia, Mrs. MCCARTHY of H. Con. Res. 292: Mr. ALLEN, Mr. BACA, Mr. GENE GREEN of Texas, Mr. MCHUGH, Ms. New York, Mr. GOODE, and Mr. SESTAK. BARROW, Mr. BERMAN, Mr. BLUNT, Ms. CORRINE BROWN of Florida, Mr. SMITH of New H.R. 4930: Mr. PENCE and Mr. SOUDER. BORDALLO, Mr. BRADY of Pennsylvania, Mr. Jersey, Mr. RUSH, Mr. MCDERMOTT, Mr. H.R. 4987: Mr. BUYER, Mr. HELLER of Ne- CARNAHAN, Mr. CLYBURN, Mr. CROWLEY, Mr. DOYLE, Mr. TOWNS, Mr. LOEBSACK, Mr. vada, and Mr. PLATTS. CUMMINGS, Mr. ELLSWORTH, Mr. ETHERIDGE, GRIJALVA, and Mr. ENGEL. H.R. 4992: Ms. HIRONO. Mr. FALEOMAVAEGA, Mr. FARR, Mr. H.R. 5028: Mr. MCNULTY. FOSSELLA, Ms. GIFFORDS, Mr. GUTIERREZ, Mr. H.R. 5031: Mr. GOODLATTE. HALL of New York, Mr. HIGGINS, Mr. ISRAEL, f H.R. 5036: Ms. DEGETTE, Mr. BRALEY of Mr. LOEBSACK, Mrs. LOWEY, Mr. MCDERMOTT, Iowa, Mr. ENGEL, and Mr. PAYNE. Mr. MCGOVERN, Mrs. MALONEY of New York, CONGRESSIONAL EARMARKS, LIM- H.R. 5057: Mr. ARCURI, Ms. SUTTON, Mr. Mr. MEEK of Florida, Ms. MOORE of Wis- ITED TAX BENEFITS, OR LIM- DEFAZIO, Mr. SESTAK, Mr. CHABOT, Mr. VAN consin, Mr. PATRICK MURPHY of Pennsyl- ITED TARIFF BENEFITS HOLLEN, and Ms. MATSUI. vania, Mr. ORTIZ, Mr. PAYNE, Mr. RANGEL, H.R. 5058: Mr. WEINER and Mr. ROTHMAN. Mr. REYES, Mr. SERRANO, Mr. SNYDER, Mrs. Under clause 9 of rule XXI, lists or H.R. 5087: Mr. UDALL of Colorado, Mr. TAUSCHER, Mr. UDALL of Colorado, Mr. VAN statements on congressional earmarks, GOODE, and Mr. GRAVES. HOLLEN, Ms. VELA´ ZQUEZ, Mr. WAXMAN, Mr. limited tax benefits, or limited tariff H.R. 5110: Mr. VAN HOLLEN and Mr. BRALEY WEINER, Mr. WU, Ms. SCHAKOWSKY, and Mr. benefits were submitted as follows: of Iowa. SESTAK. H.R. 5134: Mr. SMITH of Nebraska. H. Con. Res. 295: Mr. FORTUN˜ O, Mr. JONES OFFERED BY MR. RANGEL H.R. 5148: Mr. SESTAK, Mr. PORTER, Mr. of North Carolina, Mr. BRADY of Pennsyl- ‘‘H.R. 5351, the Renewable Energy and En- SALI, Mrs. CAPITO, Ms. JACKSON-LEE of vania, Mr. FOSSELLA, Mr. TOWNS, and Mr. ergy Conservation Tax Act of 2008, does not Texas, Mrs. LOWEY, Mr. LOBIONDO, Mrs. BONO MILLER of Florida. contain any congressional earmarks, limited MACK, and Mr. SMITH of New Jersey. H. Res. 102: Mr. KILDEE and Mr. DAVIS of Il- tax benefits, or limited tariff benefits as de- H.R. 5152: Mr. WEINER. linois. fined in clause 9(d), 9(e), or 9(f) of Rule XXI.’’

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Vol. 154 WASHINGTON, MONDAY, FEBRUARY 25, 2008 No. 30 Senate U.S. SENATE, appertaining to the relation which The Senate met at 3 p.m. and was PRESIDENT PRO TEMPORE, binds a dutiful citizen to his country— called to order by the Honorable JIM Washington, DC, February 25, 2008. and that, in withdrawing the tender of To the Senate: WEBB, a Senator from the State of Vir- service which silence in my situation Under the provisions of rule I, paragraph 3, ginia. of the Standing Rules of the Senate, I hereby might imply, I am influenced by no appoint the Honorable JIM WEBB, a Senator diminution of zeal for your future in- PRAYER from the Commonwealth of Virginia, to per- terest, no deficiency of grateful respect The Chaplain, Dr. Barry C. Black, of- form the duties of the Chair. for your past kindness, but am sup- fered the following prayer: ROBERT C. BYRD, ported by a full conviction that the Let us pray. President pro tempore. step is compatible with both. Almighty God, unto whom all hearts Mr. WEBB thereupon assumed the The acceptance of, and continuance are open, all desires known, and from chair as Acting President pro tempore. hitherto in the office to which your whom no secrets are hidden, cleanse f suffrages have twice called me have been a uniform sacrifice of inclination the thoughts of our hearts by the inspi- RESERVATION OF LEADER TIME ration of Your presence. to the opinion of duty, and to a def- Lead our Senators, Your chosen serv- The ACTING PRESIDENT pro tem- erence for what appeared to be your de- ants, as they face their daily respon- pore. Under the previous order, the sire. I constantly hoped that it would sibilities. Help them to maintain an leadership time is reserved. have been much earlier in my power, unsullied integrity. May they regard f consistently with motives which I was their public office as a sacred trust, al- READING OF WASHINGTON’S not at liberty to disregard, to return to ways striving to please You. Guide and FAREWELL ADDRESS that retirement from which I had been guard them through the storms of reluctantly drawn. The strength of my The ACTING PRESIDENT pro tem- these challenging times. inclination to do this, previous to the pore. Under the order of the Senate of Today, as George Washington’s words last election, had even led to the prepa- January 24, 1901, as modified on Feb- reverberate in this Chamber, remind ration of an address to declare it to ruary 4, 2008, the Senator from Arkan- our lawmakers that leaders must be you; but mature reflection on the then sas, Mr. PRYOR, having been appointed just and good. Then they will be like perplexed and critical posture of our by the Vice President, will now read the light of the morning when the Sun affairs with foreign nations, and the Washington’s Farewell Address, as fol- rises. They will be like the tender grass unanimous advice of persons entitled lows: springing from the Earth, like sunshine to my confidence, impelled me to aban- Mr. PRYOR, at the rostrum, read the after the rain. We pray in the Name of don the idea. Farewell Address, as follows: Him who is the light of the world. I rejoice that the state of your con- Amen. To the people of the United States: cerns external as well as internal, no FRIENDS AND FELLOW CITIZENS: The longer renders the pursuit of inclina- f period for a new election of a citizen to tion incompatible with the sentiment PLEDGE OF ALLEGIANCE administer the executive government of duty or propriety; and am persuaded, The Honorable JIM WEBB led the of the United States being not far dis- whatever partiality may be retained Pledge of Allegiance, as follows: tant, and the time actually arrived for my services, that in the present cir- I pledge allegiance to the Flag of the when your thoughts must be employed cumstances of our country you will not United States of America, and to the Repub- in designating the person who is to be disapprove my determination to retire. lic for which it stands, one nation under God, clothed with that important trust, it The impressions with which I first indivisible, with liberty and justice for all. appears to me proper, especially as it undertook the arduous trust were ex- f may conduce to a more distinct expres- plained on the proper occasion. In the sion of the public voice, that I should discharge of this trust, I will only say APPOINTMENT OF ACTING now apprise you of the resolution I that I have, with good intentions, con- PRESIDENT PRO TEMPORE have formed, to decline being consid- tributed towards the organization and The PRESIDING OFFICER. The ered among the number of those out of administration of the government the clerk will please read a communication whom a choice is to be made. best exertions of which a very fallible to the Senate from the President pro I beg you at the same time to do me judgment was capable. Not unconscious tempore (Mr. BYRD). the justice to be assured, that this res- in the outset of the inferiority of my The legislative clerk read the fol- olution has not been taken without qualifications, experience, in my own lowing letter: strict regard to all the considerations eyes, perhaps still more in the eyes of

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

S1093

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Satisfied that if with every ligament of your hearts, no Turning partly into its own channels any circumstances have given peculiar recommendation of mine is necessary the seamen of the North, it finds its value to my services, they were tem- to fortify or confirm the attachment. particular navigation invigorated; and porary, I have the consolation to be- The unity of government which con- while it contributes, in different ways, lieve that, while choice and prudence stitutes you one people is also now to nourish and increase the general invite me to quit the political scene, dear to you. It is justly so; for it is a mass of the national navigation, it patriotism does not forbid it. main pillar in the edifice of your real looks forward to the protection of a In looking forward to the moment independence, the support of your tran- maritime strength to which itself is which is intended to terminate the ca- quility at home, your peace abroad, of unequally adapted. The East, in a like reer of my political life, my feelings do your safety, of your prosperity, of that intercourse with the West, already not permit me to suspend the deep ac- very liberty which you so highly prize. finds, and in the progressive improve- knowledgment of that debt of gratitude But as it is easy to foresee that, from ment of interior communications by which I owe to my beloved country for different causes and from different land and water will more and more find the many honors it has conferred upon quarters, much pains will be taken, a valuable vent for the commodities me, still more for the steadfast con- many artifices employed, to weaken in which it brings from abroad or manu- fidence with which it has supported me your minds the conviction of this factures at home. The West derives and for the opportunities I have thence truth; as this is the point in your polit- from the East supplies requisite to its enjoyed of manifesting my inviolable ical fortress against which the bat- growth and comfort—and what is per- attachment by services faithful and teries of internal and external enemies haps of still greater consequence, it persevering, though in usefulness unwill be most constantly and actively must of necessity owe the secure enjoy- equal to my zeal. If benefits have re- (though often covertly and insidiously) ment of indispensable outlets for its sulted to our country from these serv- directed, it is of infinite movement own productions to the weight, influ- ices, let it always be remembered to that you should properly estimate the ence, and the future maritime strength your praise and as an instructive exam- immense value of your national Union of the Atlantic side of the Union, di- ple in our annals, that, under cir- to your collective and individual happi- rected by an indissoluble community of cumstances in which the passions agi- ness; that you should cherish a cordial, interest as one nation. Any other ten- tated in every direction were liable to habitual, and immovable attachment ure by which the West can hold this es- mislead, amidst appearances some- to it; accustoming yourselves to think sential advantage, whether derived times dubious, vicissitudes of fortune and speak of it as of the palladium of from its own separate strength or from often discouraging, in situations in your political safety and prosperity; an apostate and unnatural connection which not unfrequently, want of suc- watching for its preservation with jeal- with any foreign power, must be intrin- cess has countenanced the spirit of ous anxiety; discountenancing what- sically precarious. criticism, the constancy of your sup- ever may suggest even a suspicion that While then every part of our country port was the essential prop of the ef- it can, in any event, be abandoned; and thus feels an immediate and particular forts and a guarantee of the plans by indignantly frowning upon the first interest in union, all the parts com- which they were effected. Profoundly dawning of every attempt to alienate bined cannot fail to find in the united penetrated with this idea, I shall carry any portion of our country from the mass of means and efforts greater it with me to my grave as a strong in- rest, or to enfeeble the sacred ties strength, greater resource, proportion- citement to unceasing vows that Heav- which now link together the various ably greater security from external en may continue to you the choicest parts. danger, a less frequent interruption of tokens of its beneficence; that your For this you have every inducement their peace by foreign nations; and, union and brotherly affection may be of sympathy and interest. Citizens by what is of inestimable value! they must perpetual; that the free constitution, birth or choice of a common country, derive from union an exemption from which is the work of your hands, may that country has a right to concentrate those broils and wars between them- be sacredly maintained; that its admin- your affections. The name of American, selves which so frequently afflict istration in every department may be which belongs to you in your national neighboring countries not tied together stamped with wisdom and virtue; that, capacity, must always exalt the just by the same government, which their in fine, the happiness of the people of pride of patriotism more than any ap- own rivalships alone would be suffi- these states, under the auspices of lib- pellation derived from local discrimi- cient to produce, but which opposite erty, may be made complete by so care- nations. With slight shades of dif- foreign alliances, attachments, and in- ful a preservation and so prudent a use ference, you have the same religion, trigues would stimulate and embitter. of this blessing as will acquire to them manners, habits, and political prin- Hence likewise, they will avoid the ne- the glory of recommending it to the ap- ciples. You have in a common cause cessity of those overgrown military es- plause, the affection, and adoption of fought and triumphed together. The tablishments, which under any form of every nation which is yet a stranger to independence and liberty you possess, government are inauspicious to liberty, it. are the work of joint councils and joint and which are to be regarded as par- Here, perhaps, I ought to stop. But a efforts—of common dangers, sufferings ticularly hostile to republican liberty. solicitude for your welfare, which can- and successes. In this sense it is, that your Union not end but with my life, and the ap- But these considerations, however ought to be considered as a main prop prehension of danger natural to that powerfully they address themselves to of your liberty, and that the love of the solicitude, urge me on an occasion like your sensibility, are greatly out- one ought to endear to you the preser- the present to offer to your solemn weighed by those which apply more im- vation of the other. contemplation, and to recommend to mediately to your interest. Here every These considerations speak a persua- your frequent review, some sentiments portion of our country finds the most sive language to every reflecting and which are the result of much reflec- commanding motives for carefully virtuous mind, and exhibit the continu- tion, of no inconsiderable observation, guarding and preserving the Union of ance of the Union as a primary object and which appear to me all important the whole. of patriotic desire. Is there a doubt to the permanency of your felicity as a The North, in an unrestrained inter- whether a common government can people. These will be offered to you course with the South, protected by embrace so large a sphere? Let experi- with the more freedom as you can only the equal laws of a common govern- ence solve it. To listen to mere specu- see in them the disinterested warnings ment, finds in the productions of the lation in such a case were criminal. We of a parting friend, who can possibly latter, great additional resources of are authorized to hope that a proper have no personal motive to bias his maritime and commercial enterprise, organization of the whole, with the

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Re- your common interests in a country so With such powerful and obvious mo- spect for its authority, compliance extensive as ours, a government of as tives to union, affecting all parts of our with its laws, acquiescence in its meas- much vigor as is consistent with the country, while experience shall not ures, are duties enjoined by the funda- perfect security of liberty is indispen- have demonstrated its imprac- mental maxims of true liberty. The sable; liberty itself will find in such a ticability, there will always be reason basis of our political systems is the government, with powers properly dis- to distrust the patriotism of those who right of the people to make and to tributed and adjusted, its surest guard- in any quarter may endeavor to weak- alter their constitutions of govern- ian. It is indeed little else than a name, en its bands. ment.—But the Constitution which at where the government is too feeble to In contemplating the causes which any time exists, until changed by an withstand the enterprises of fraction, may disturb our Union, it occurs as explicit and authentic act of the whole to confine each member of the society matter of serious concern, that any people, is sacredly obligatory upon all. within the limits prescribed by the ground should have been furnished for The very idea of the power, and the laws, and to maintain all in the secure characterizing parties by geographical right of the people to establish govern- and tranquil enjoyment of the rights of discriminations—northern and south- ment, presupposes the duty of every in- person and property. ern—Atlantic and western; whence de- dividual to obey the established gov- I have already intimated to you the signing men may endeavor to excite a ernment. danger of parties in the state, with par- belief that there is a real difference of All obstructions to the execution of ticular reference to the founding of local interests and views. One of the the laws, all combinations and associa- them on geographical discriminations. expedients of party to acquire influ- tions under whatever plausible char- Let me now take a more comprehen- ence within particular districts, is to acter, with the real design to direct, sive view and warn you in the most sol- misrepresent the opinions and aims of control, counteract, or awe the regular emn manner against the baneful effects other districts. You cannot shield deliberation and action of the con- of the spirit of party, generally. yourself too much against the stituted authorities, are destructive of This spirit, unfortunately, is insepa- jealousies and heart burnings which this fundamental principle, and of fatal rable from our nature, having its root spring from these misrepresentations. tendency. They serve to organize fac- in the strongest passions of the human They tend to render alien to each other tion; to give it an artificial and ex- mind. It exists under different shapes those who ought to be bound together traordinary force; to put in the place of in all governments, more or less sti- by fraternal affection. The inhabitants the delegated will of the nation the fled, controlled, or repressed; but in of our western country have lately had will of a party, often a small but artful those of the popular form it is seen in a useful lesson on this head. They have and enterprising minority of the com- its greatest rankness, and is truly their seen, in the negotiation by the execu- munity; and, according to the alter- worst enemy. tive—and in the unanimous ratifica- nate triumphs of different parties, to tion by the Senate—of the treaty with make the public administration the The alternate domination of one fac- Spain, and in the universal satisfaction mirror of the ill concerted and incon- tion over another, sharpened by the at that event throughout the United gruous projects of faction, rather than spirit of revenge natural to party dis- States, a decisive proof how unfounded the organ of consistent and wholesome sension, which in different ages and were the suspicions propagated among plans digested by common councils, countries has perpetrated the most them of a policy in the general govern- and modified by mutual interests. How- horrid enormities, is itself a frightful ment and in the Atlantic states, un- ever combinations or associations of despotism. But this leads at length to a friendly to their interests in regard to the above description may now and more formal and permanent despotism. the Mississippi. They have been wit- then answer popular ends, they are The disorders and miseries which re- nesses to the formation of two treaties, likely, in the course of time and sult gradually incline the minds of men that with Great Britain and that with things, to become potent engines, by to seek security and repose in the abso- Spain, which secure to them every- which cunning, ambitious, and unprin- lute power of an individual; and, sooner thing they could desire, in respect to cipled men will be enabled to subvert or later, the chief of some prevailing our foreign relations, towards con- the power of the people, and to usurp faction, more able or more fortunate firming their prosperity. Will it not be for themselves the reins of govern- than his competitors, turns this dis- their wisdom to rely for the preserva- ment; destroying afterwards the very position to the purpose of his own ele- tion of these advantages on the Union engines which have lifted them to un- vation on the ruins of public liberty. by which they were procured? Will they just dominion. Without looking forward to an ex- not henceforth be deaf to those advis- Towards the preservation of your tremity of this kind, (which neverthe- ers, if such they are, who would sever government and the permanency of less ought not to be entirely out of them from their brethren and connect your present happy state, it is req- sight) the common and continual mis- them with aliens? uisite, not only that you steadily dis- chiefs of the spirit of party are suffi- To the efficacy and permanency of countenance irregular opposition to its cient to make it in the interest and your Union, a government for the acknowledged authority but also that duty of a wise people to discourage and whole is indispensable. No alliances, you resist with care the spirit of inno- restrain it. however strict, between the parts can vation upon its principles, however spe- It serves always to distract the pub- be an adequate substitute. They must cious the pretext. One method of as- lic councils, and enfeeble the public ad- inevitably experience the infractions sault may be to effect, in the forms of ministration. It agitates the commu- and interruptions which all alliances, the Constitution, alterations which nity with ill founded jealousies and in all times, have experienced. Sensible will impair the energy of the system false alarms, kindles the animosity of of this momentous truth, you have im- and thus to undermine what cannot be one part against another, forments oc- proved upon your first essay, by the directly overthrown. In all the changes casional riot and insurrection. It opens adoption of a Constitution of govern- to which you may be invited, remem- the door to foreign influence and cor- ment, better calculated than your ber that time and habit are at least as ruption, which finds a facilitated ac- former, for an intimate Union and for necessary to fix the true character of cess to the government itself through the efficacious management of your governments as of other human insti- the channels of party passions. Thus common concerns. This government, tutions, that experience is the surest the policy and the will of one country the offspring of our own choice, standard by which to test the real are subjected to the policy and will of uninfluenced and unawed, adopted tendency of the existing constitution another. upon full investigation and mature de- of a country, that facility in changes There is an opinion that parties in liberation, completely free in its prin- upon the credit of mere hypotheses and free countries are useful checks upon ciples, in the distribution of its powers, opinion exposes to perpetual change the administration of the government,

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But in those of expect that national morality can pre- nent, inveterate antipathies against the popular character, in governments vail in exclusion of religious principle. particular nations and passionate at- purely elective, it is a spirit not to be It is substantially true, that virtue tachment for others should be excluded encouraged. From their natural tend- or morality is a necessary spring of and that in place of them just and ami- ency, it is certain there will always be popular government. The rule, indeed, cable feelings towards all should be enough of that spirit for every salutary extends with more or less force to cultivated. The nation which indulges purpose. And there being constant dan- every species of free government. Who towards another an habitual hatred, or ger of excess, the effort ought to be by that is a sincere friend to it can look an habitual fondness, is in some degree force of public opinion to mitigate and with indifference upon attempts to a slave. It is a slave to its animosity, assuage it. A fire not to be quenched, it shake the foundation of the fabric? or to its affection, either of which is demands a uniform vigilance to pre- Promote, then, as an object of pri- sufficient to lead it astray from its vent it bursting into a flame, lest in- mary importance, institutions for the duty and its interest. Antipathy in one stead of warming, it should consume. general diffusion of knowledge. In pro- nation against another disposes each It is important likewise, that the portion as the structure of a govern- more readily to offer insult and injury, habits of thinking in a free country ment gives force to public opinion, it is to lay hold of slight causes of umbrage, should inspire caution in those en- essential that the public opinion and to be haughty and intractable trusted with its administration to con- should be enlightened. when accidental or trifling occasions fine themselves within their respective As a very important source of of dispute occur. Hence frequent colli- constitutional spheres, avoiding in the strength and security, cherish public sions, obstinate, envenomed, and exercise of the powers of one depart- credit. One method of preserving it is bloody contests. The nation, prompted ment to encroach upon another. The to use it as sparingly as possible, by ill will and resentment, sometimes spirit of encroachment tends to con- avoiding occasions of expense by culti- impels to war the government, con- solidate the powers of all the depart- vating peace, but remembering, also, trary to the best calculations of policy. ments in one, and thus to create, what- that timely disbursements, to prepare The government sometimes partici- ever the form of government, a real for danger, frequently prevent much pates in the national propensity and despotism. A just estimate of that love greater disbursements to repel it; adopts through passion what reason of power and proneness to abuse it avoiding likewise the accumulation of would reject; at other times, it makes which predominates in the human debt, not only by shunning occasions of the animosity of the nation’s subser- heart is sufficient to satisfy us of the expense, but by vigorous exertions in vient to projects of hostility, insti- truth of this position. The necessity of time of peace to discharge the debts gated by pride, ambition and other sin- reciprocal checks in the exercise of po- which unavoidable wars may have oc- ister and pernicious motives. The peace litical power, by dividing and distrib- casioned, not ungenerously throwing often, sometimes perhaps the liberty of uting it into different depositories, and upon posterity the burden which we nations, has been the victim. constituting each the guardian of the ourselves ought to bear. The execution So likewise, a passionate attachment public weal against invasions of the of these maxims belongs to your rep- of one nation for another produces a others, has been evinced by experi- resentatives, but it is necessary that variety of evils. Sympathy for the fa- ments ancient and modern, some of public opinion should cooperate. To favorite nation, facilitating the illusion them in our country and under our own cilitate to them the performance of of an imaginary common interest in eyes. To preserve them must be as nec- their duty, it is essential that you cases where no real common interest essary as to institute them. If, in the should practically bear in mind that exists and infusing into one the enmi- opinion of the people, the distribution towards the payment of debts there ties of the other, betrays the former or modification of the constitutional must be revenue; that to have revenue into a participation in the quarrels and powers be in any particular wrong, let there must be taxes; that no taxes can wars of the latter, without adequate in- it be corrected by an amendment in the be devised which are not more or less ducements or justifications. It leads way which the Constitution designates. inconvenient and unpleasant; that the also to concessions, to the favorite na- But let there be no change by usurpa- intrinsic embarrassment inseparable tion of privileges denied to others, tion; for though this, in one instance, from the selection of the proper objects which is apt doubly to injure the na- may be the instrument of good, it is (which is always a choice of difficul- tion making the concessions, by unnec- the customary weapon by which free ties) ought to be a decisive motive for essarily parting with what ought to governments are destroyed. The prece- a candid construction of the conduct of have been retained and by exciting dent must always greatly overbalance the government in making it, and for a jealously, ill will, and a disposition to in permanent evil any partial or tran- spirit of acquiescence in the measures retaliate in the parties from whom sient benefit which the use can at any for obtaining revenue, which the public equal privileges are withheld. And it time yield. exigencies may at any time dictate. gives to ambitious, corrupted or de- Of all the dispositions and habits Observe good faith and justice to- luded citizens (who devote themselves which lead to political prosperity, reli- wards all nations; cultivate peace and to the favorite nation) facility to be- gion and morality are indispensable harmony with all; religion and moral- tray or sacrifice the interests of their supports. In vain would that man claim ity enjoin this conduct, and can it be own country, without odium, some- the tribute of patriotism, who should that good policy does not equally en- times even with popularity gilding labor to subvert these great pillars of join it? It will be worthy of a free, en- with the appearances of virtuous sense human happiness, these firmest props lightened, and, at no distant period, a of obligation, a commendable deference of the duties of men and citizens. The great nation, to give to mankind the for public opinion, or a laudable zeal mere politician, equally with the pious magnanimous and too novel example of for public good, the base or foolish man, ought to respect and to cherish a people always guided by an exalted compliances of ambition, corruption, them. A volume could not trace all justice and benevolence. Who can doubt or infatuation. their connections with private and pub- but, in the course of time and things As avenues to foreign influence in in- lic felicity. Let it simply be asked the fruits of such a plan would richly numerable ways, such attachments are where is the security for property, for repay any temporary advantages which particularly alarming to the truly en- reputation, for life, if the sense of reli- might be lost by a steady adherence to lightened and independent patriot. How gious obligation desert the oaths, it? Can it be that Providence has not many opportunities do they afford to which are the instruments of investiga- connected the permanent felicity of a tamper with domestic factions, to prac- tion in courts of justice? And let us nation with its virtue? The experiment, tice the arts of seduction, to mislead with caution indulge the supposition at least, is recommended by every sen- public opinion, to influence or awe the

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But in my opinion, it is un- and by that of your representatives in be the satellite of the latter. necessary, and would be unwise to ex- both houses of Congress, the spirit of Against the insidious wiles of foreign tend them. that measure has continually governed influence (I conjure you to believe me, Taking care always to keep our- me, uninfuenced by any attempts to fellow citizens) the jealousy of a free selves, by suitable establishments, on a deter or divert me from it. people ought to be constantly awake, respectable defensive posture, we may After deliberate examination with since history and experience prove, safely trust to temporary alliances for the aid of the best lights I could ob- that foreign influence is one of the extraordinary emergencies. tain, I was well satisfied that our coun- most baneful foes of republican govern- Harmony, liberal intercourse with all try, under all the circumstances of the ment. But that jealously to be useful nations, are recommended by policy, case, had a right to take, and was must be impartial; else it becomes the humanity, and interest. But even our bound in duty and interest to take—a instrument of the very influence to be commercial policy should hold an neutral position. Having taken it, I de- avoided, instead of a defense against it. equal and impartial hand: neither seek- termined, as far as should depend upon Excessive partiality for one foreign na- ing nor granting exclusive favors or me, to maintain it with moderation, tion and excessive dislike for another preferences; consulting the natural perseverance and firmness. cause those whom they actuate to see course of things; diffusing and diversi- The considerations which respect the danger only on one side, and serve to fying by gentle means the streams of right to hold this conduct it is not nec- veil and even second the arts of influ- commerce but forcing nothing; estab- essary on this occasion to detail. I will ence on the other. Real patriots, who lishing with powers so disposed, in only observe that, according to my un- may resist the intrigues of the favor- order to give trade a stable course—in derstanding of the matter, that right, ite, are liable to become suspected and order to give to trade a stable course, so far from being denied by any of the odious, while its tools and dupes usurp to define the rights of our merchants, belligerent powers, has been virtually the applause and confidence of the peo- and to enable the government to sup- admitted by all. ple to surrender their interests. port them, conventional rules of inter- The duty of holding a neutral con- The great rule of conduct for us in re- course, the best that present cir- duct may be inferred, without anything gard to foreign nations is, in extending cumstances and mutual opinion will more, from the obligation which jus- our commercial relations, to have with permit, but temporary, and liable to be tice and humanity impose on every na- them as little political connection as from time to time abandoned or varied tion, in cases in which it is free to act, possible. So far as we have already as experience and circumstances shall to maintain inviolate the relations of formed engagements, let them be ful- dictate; constantly keeping in view, peace and amity towards other nations. filled with perfect good faith. Here let that it is folly in one nation to look for The inducements of interest for ob- us stop. disinterested favors from another— serving that conduct will best be re- Europe has a set of primary inter- that is must pay with a portion of its ferred to your own reflections and ex- ests, which to us have none or a very independence for whatever it may ac- perience. With me, a predominant mo- remote relation. Hence, she must be cept under that character—that by tive has been to endeavor to gain time engaged in frequent controversies, the such acceptance, it may place itself in to our country to settle and mature its causes of which are essentially foreign the condition of having given equiva- yet recent institutions and to progress, to our concerns. Hence therefore it lents for nominal favors and yet of without interruption to that degree of must be unwise in us to implicate our- being reproached with ingratitude for strength and consistency which is nec- selves, by artificial ties, in the ordi- not giving more. There can be no great- essary to give it, humanly speaking, nary vicissitudes of her politics or the er error than to expect or calculate the command of its own fortunes. ordinary combinations and collisions of upon real favors from nation to nation. Though in reviewing the incidents of her friendships or enmities. It is an illusion which experience must my administration I am unconscious of Our detached and distant situation cure, which a just pride ought to dis- intentional error, I am nevertheless invites and enables us to pursue a dif- card. too sensible of my defects not to think ferent course. If we remain one people, In offering to you, my countrymen, it probable that I may have committed under an efficient government, the pe- these counsels of an old and affec- many errors. Whatever they may be, I riod is not far off when we may defy tionate friend, I dare not hope they fervently beseech the Almighty to material injury from external annoy- will make the strong and lasting im- avert or mitigate the evils to which ance; when we may take such an atti- pression I could wish—that they will they may tend. I shall also carry with tude as will cause the neutrality we control the usual current of the pas- me the hope that my country will may at any time resolve upon to be sions or prevent our nation from run- never cease to view them with indul- scrupulously respected; when bellig- ning the course which has hitherto gence and that, after forty-five years of erent nations, under the impossibility marked the destiny of nations. But if I my life dedicated to its service with an of making acquisitions upon us, will may even flatter myself that they may upright zeal, the faults of incompetent not lightly hazard the giving us provo- be productive of some partial benefit, abilities will be consigned to oblivion, cation, when we may choose peace or some occasional good, that they may as myself must soon be to the man- war, as our interest guided by justice now and then recur to moderate the sions of rest. shall counsel. fury of party spirit, to warn against Relying on its kindness in this as in Why forgo the advantages of so pecu- the mischiefs of foreign intrigue, to other things, and actuated by that fer- liar a situation? Why quit our own to guard against the impostures of prevent love towards it which is so nat- stand upon foreign ground? Why, by tended patriotism—this hope will be a ural to a man who views in it the na- interweaving our destiny with that of full recompense for the solicitude for tive soil of himself and his progenitors any part of Europe, entangle our peace your welfare by which they have been for several generations, I anticipate and prosperity in the toils of European dictated. with pleasing expectation that retreat, ambition, rivalship, interest, humor, or How far in the discharge of my offi- in which I promise myself to realize caprice? cial duties, I have been guided by the without alloy the sweet enjoyment of It is our true policy to steer clear of principles which have been delineated, partaking in the midst of my fellow permanent alliance with any portion of the public records and other evidences citizens the benign influence of good the foreign world—so far, I mean, as we of my conduct must witness to you and laws under a free government—the ever are now at liberty to do it, for let me to the world. To myself, the assurance favorite object of my heart, and the not be understood as capable of patron- of my own conscience is, that I have, at happy reward, as I trust, of our mutual izing infidelity to existing engage- least, believed myself to be guided by cares, labors and dangers. ments. (I hold the maxim no less appli- them. GEO. WASHINGTON. cable to public than private affairs, In relation to the still subsisting war The ACTING PRESIDENT pro tem- that honesty is always the best pol- in Europe, my proclamation of the 22d pore. The Senator from Illinois.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1098 CONGRESSIONAL RECORD — SENATE February 25, 2008 Mr. DURBIN. Mr. President, I sug- ents can participate more fully in So- per person, on Federal prisoners than gest the absence of a quorum. cial Security and the benefits that re- on Native Americans. Senator DORGAN The ACTING PRESIDENT pro tem- late to health in Social Security. Sen- has said that many times. This bill is pore. The clerk will call the roll. ators KENNEDY, BINGAMAN, KYL, and only part of the solution, but it is a The legislative clerk proceeded to ENZI spent years working on this legis- critical first step. I urge all my col- call the roll. lation. Because of their efforts and leagues to finish work and approve this Mr. REID. Mr. President, I ask unan- those of countless tribal leaders and bill in the same spirit of bipartisan co- imous consent that the order for the Federal agency staff, this is legislation operation it has seen from the begin- quorum call be rescinded. that Democrats and Republicans can ning. The ACTING PRESIDENT pro tem- all support now. Millions of our first Americans await pore. Without objection, it is so or- A final word of praise is due to the our action. Let’s quickly pass this bill dered. tribal advocates who stood behind this and send it to the President for his sig- cause from the beginning: The National f nature. We must let our country’s Na- Congress of American Indians, the Na- tive Americans know they are not for- RECOGNITION OF THE MAJORITY tional Indian Health Board, the Na- gotten and that we will deliver them LEADER tional Council of Urban Indian Health, the care they have earned. The ACTING PRESIDENT pro tem- the Indian Health Board of Nevada, and The ACTING PRESIDENT pro tempore. The majority leader is recog- other State tribal organizations which pore. The Republican leader is recognized. have played crucial roles in this legis- nized. lation. I say with confidence that this f f bill reflects their priorities, their var- FISA UNANIMOUS-CONSENT ied interests, and their solutions to the AGREEMENT—S. 1200 problems that plague the health care Mr. MCCONNELL. Mr. President, this system upon which Native Americans is going to be a very busy few weeks Mr. REID. Mr. President, I ask unan- rely. and a very important few weeks. First, imous consent that the previous order I was glad to be an original cosponsor we have to complete the Indian health with respect to H.R. 1328 be vitiated of this initiative. Over the past 8 years, bill. Then we will have a debate on and that the Senate vote on passage of my staff and I have had countless progress in Iraq. After the Iraq debate, S. 1200, as amended; further, that any meetings with tribal leaders. Now trib- we will turn to the economy and home order that would have occurred on pas- al leaders are making clear how this ownership, and then the annual budget sage of H.R. 1328 now be effective on legislation is needed all over the coun- debate when the two parties put their passage of S. 1200, and that all other try. It is needed for 30,000 Native Amer- priorities on the table. provisions of previous orders remain in icans living in Nevada and millions liv- So in the midst of an extremely con- effect. ing throughout the United States. sequential Presidential race, the Sen- The ACTING PRESIDENT pro tem- Right now, our Native American ate will debate some of the most im- pore. Is there objection? communities have access to the least portant issues of the day, including Without objection, it is so ordered. adequate health care in America. Far terrorism and the economy. f too many Native children are diag- But the debate over FISA—the Ter- SCHEDULE nosed with diabetes, suffer from abuse rorist Surveillance Act—should be and neglect or die prematurely because over. A bipartisan majority in the Sen- Mr. REID. Mr. President, today we of accidents or illness that could have ate has already voted to revise and ex- have heard the Farewell Address of been prevented or cured with basic tend our Nation’s foreign intelligence General Washington. health care. Far too many adult Indi- surveillance program. A majority in Today we will debate the remaining ans get lost in a sea of bureaucracy and the House, we know—a bipartisan ma- pending amendments to the Indian fail to receive preventive care and jority—supports the Senate bill, and Health Care Improvement Act. At 5:30 other health benefits they need and de- the Director of National Intelligence this evening, we will have a cloture serve. We can and must do better, and says our ability to track terrorists was vote on the substitute amendment and this legislative initiative will help Fed- weakened by the House leadership’s votes in relation to two of the pending eral and tribal health professionals de- failure to act. germane amendments by Senator liver quality care to Native Americans This failure to act on FISA has weak- DEMINT. of all ages. It supports the recruitment ened our ability to track terrorists. f and retention of doctors, nurses, phar- For the safety of the American people, macists, and other health professionals the House needs to take up the Senate INDIAN HEALTH CARE for Indian health programs. It bill that got 68 votes in the Senate, and Mr. REID. Mr. President, in the strengthens and expands health serv- it should do so without further delay. month since this year’s congressional ices to American Indians. For the first Two competing plans for moving session has opened, we have had the time, tribes will be allowed to use Fed- America forward will be on vivid disability to focus on some of the domes- eral funds to provide hospice, long- play over the next few weeks. The two tic priorities our country faces. term care and home-based and commu- parties will make their case on the Today we turn to the Indian Health nity-based care for elders and the most issues that matter most. Republicans Care Improvement Act. Although we vulnerable tribal members. It increases are ready and eager for the debate. often have legitimate disagreements on individual access to health services by I yield the floor. matters of policy, Senator MCCONNELL facilitating third-party reimburse- The ACTING PRESIDENT pro tem- and members of the Republican Caucus ments from private insurance, Med- pore. The Senator from Illinois is rec- have worked with us in a bipartisan icaid, Medicare, and other Federal ognized. manner on what we believe is a critical health benefit programs. It expressly Mr. DURBIN. Mr. President, I thank piece of legislation that does so much addresses behavioral health needs of the minority leader of the Senate, Sen- for the Native American community. I adults and children by authorizing pro- ator MCCONNELL, for making that appreciate their efforts. grams to address suicide, substance statement, but I would like to amend Chairman DORGAN and Senator MUR- abuse, sexual abuse, and domestic vio- it. I would like to add something he KOWSKI deserve our thanks for their lence programs affecting some commu- failed to add and failed to advise the leadership and hard work in managing nities and households. It furthers tribal Senate. this legislation. self-determination sovereignty by au- We offered to extend the terrorist Chairman BAUCUS and Senator thorizing consultation and rulemaking surveillance law. We said there GRASSLEY followed suit, working on a on important programs affecting shouldn’t be any gap in terms of the ef- bipartisan basis on provisions to im- health delivery and access. forts of the United States to monitor prove the way by which the Indian Chairman DORGAN has often said these conversations. We made a re- health care system and tribal recipi- America spends more on health care, peated effort on the floor of the Senate

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1099 to extend the law. Each and every time man stood before them, repeatedly fir- not be forgotten. We wish them a we offered to extend the law, an objec- ing handguns and a shotgun, killing speedy recovery. But we also com- tion was heard from either Senator their fellow students. Within minutes, mended the emergency responders, the MCCONNELL or another person on the the campus police were there. No one law enforcement officers, the health Republican side. It appears this is not has questioned the response to this care providers. They were there on about the security advantage of the tragedy, nor should they. There was a February 14, and they did what they United States in fighting terrorism but good plan in place to deal with it. They promised they would do: Everything about some political advantage that if executed the plan, but when they ar- they could to save lives and heal the this law appears to lapse, they believe rived, it was too late. Students had al- wounded. They were trained, they were they can make some political gain, I ready been shot and wounded. Five stu- prepared, and they responded with guess. That is the only thing I can de- dents died and seventeen were wound- courage. The toll from this shooting duce is their reason; otherwise, they ed. We mourn their loss. could have been worse if it wasn’t for would have extended this important It is interesting, because in a cir- their efforts. law, but the decision was made by the cumstance such as this, we come to I wish to also acknowledge President Republican leadership not to extend know the victims and their families. John Peters of Northern Illinois Uni- the law. I don’t know why. We tried. Gayle Dubowski of Carol Stream, IL. versity and the entire administration. We will continue to try, and we will She was a devout member of her The program last night was a beautiful continue to try to work out an agree- church. She sang in the church choir. program which they organized, but ment between the House and the Sen- She worked as a camp counselor and even more important was the work ate to make certain America is safe. volunteer in rural Kentucky. When her they have done since February 14 to f parents went to her dorm room after bring that campus back together. she had been killed, they found the Today, classes resumed at Northern TRAGEDY AT NORTHERN ILLINOIS Bible open on her bed. Her faith was Illinois University. Lessons were being UNIVERSITY very important to her life. taught. But last night, we gathered at Mr. DURBIN. Mr. President, about 60 Catalina Garcia, of Cicero, a first- the memorial service to reflect on the miles west of the city of Chicago is the generation American. Her parents are lessons of life we have learned from city of DeKalb, IL. DeKalb is a town of from Mexico. She wanted to make February 14. First, we thanked all great historic importance not only in them proud. She was her family’s prin- those across America who have joined our State but to our Nation. Many cess, her family said, and their inspira- us in expressing sympathy for our loss years ago in DeKalb, they invented tion. She wanted to be a teacher. She and solidarity of purpose for our fu- barbed wire. It sounds like a small always had a smile on her face. If you ture. From the moment that news matter, but it turned out to be a major saw the photograph they used in most spread about this tragedy in DeKalb, part of the settling of the Western part of the newspapers, you saw her beau- IL, America has been standing with the of the United States. The town of tiful smile. Northern Illinois University commu- DeKalb grew up around the farms that Julianna Gehant of Mendota, IL. nity. provided not only produce but jobs, and What a great story. She spent 12 years This tragedy is a terrible reminder eventually gave birth to a great uni- of her life in the U.S. Army, serving that we in Congress have work to do to versity: Northern Illinois University. overseas and serving her Nation. She make our campuses and our country Last night I was at that university. I was in the Army Reserves. She went on safer. We need to do all that we can to went into the convocation hall there, to Northern Illinois to become a teach- make schools a safe place. When we to a gathering that was called together er. grew up, we always thought school was to memorialize a terrible tragedy. Ryanne Mace, of Carpentersville, a the safest place one could be. Now look On February 14, as this Senate was much-loved only child who was rarely what we face. leaving Washington, we heard word without a smile, and her dream was to Last April, Senator OBAMA and I in- that a shooter had come on campus, be a counselor, to help those in need. troduced campus safety legislation in gone into a lecture hall and opened Daniel Parmenter of Westchester, response to the Virginia Tech shoot- fire, wounding a score of students and known as ‘‘Danny,’’ a 6-foot-5-inch ings. The Presiding Officer certainly killing five. It is hard to imagine. It is rugby player, known as the gentle knows the pain and sorrow and the hard to imagine that a tragedy would giant by all of his friends. He was a grief that were associated with that take place at that great university. man who was sitting in that lecture tragedy. Key parts of that legislation Today, Senator OBAMA and I are intro- hall next to his new girlfriend. He was will reach the President’s desk soon as ducing a resolution expressing our con- going to give her a silver necklace the part of the Higher Education Act reau- dolences and the condolences of the day after this shooting. It never hap- thorization. I hope these new measures Senate to all those affected by this pened. He died trying to protect his Senator OBAMA and I are supporting tragedy. girlfriend from the gunfire, and she was will allow campuses and universities to If my colleagues have ever been to able to survive. think of ways to make those environ- that campus, they know that under On February 14, five beautiful lives ments safer for students and everyone normal circumstances, it is the pic- ended in Cole Hall, a lecture hall at who visits in the future. ture-perfect American university cam- Northern Illinois University. Last But we also need to take a look at pus. On any day, you are going to find night at the gathering there were 10,000 two controversial issues. We need to thousands of students and faculty in people filling the university center. take a look at gun violence. There is their classrooms and research labs, on Senator OBAMA was there. We had four an epidemic of gun violence in our Na- athletic fields and in the dorms, eating Members of our House delegation from tion. We have reached the point in Con- pizza, studying, stuck in front of their Illinois. I was glad they came: Con- gress where we don’t talk about it, or if computers, going through the happiest gressman DON MANZULLO, Congressman we do, it is in hushed tones. There is moments of their lives. I look back, as PETER ROSKAM, Congresswoman ME- almost a feeling of inevitability that many of us do, on my college days, and LISSA BEAN, and Congressman RAHM because there are 300 million guns in realize what a good time it was, meet- EMANUEL. The Governor of our State America, there is nothing we can do ing all those wonderful new people, was there and many other State offi- about it. We get tied up in political being challenged, learning so many im- cials. knots, every time we discuss it, about portant things, and making friendships What struck me as touching was that whether we are going too far, infring- that last a lifetime. as soon as we entered this hall, it was ing on constitutional rights, or wheth- Tragically, for many of those stu- to silence; 10,000 people sitting in si- er we are going far enough to spare in- dents on the campus of Northern Illi- lence at this memorial tribute. Prayers nocent victims such as these five col- nois University on February 14, that were offered, as they should be, for the lege students. atmosphere and that environment families of those who died and for the In America, every day, we lose 81 changed. They were literally running families of those who were wounded people who die from gun violence. for the exits of that lecture hall as this and are still recovering. They should 30,000 Americans die every year from

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1100 CONGRESSIONAL RECORD — SENATE February 25, 2008 gun violence, which is more than twice In times gone by, in worst-case sce- In the days and weeks to come, the as many as die from HIV/AIDS. That narios, many students took their lives. victims of the shooting will be in our doesn’t count the 176 people who are The suicide rate on college campuses is thoughts and prayers. We stand in soli- wounded every day in this country by higher than people talk about. darity with the Huskies of Northern Il- gunfire. It is of epidemic proportions. Now there is a new element. I spoke linois University, the students, faculty, No matter where you are, where you to the president of a major university the staff, and the members of the fami- live, or how safe you think you are, in Illinois about mental illness among lies as they mourn their losses and re- any of us could be among the dozens of the college population. He said that, in cover from this tragic incident. years gone by, a student would take his victims each day who end up on the f wrong side of a gun. life and it was a tragedy for the school Just a few months ago, I was invited and their family. But now this is a new EXPRESSING THE CONDOLENCES to speak at a memorial service for a era, where that student buys a firearm OF THE SENATE TO THOSE AF- little girl who was killed near Logan and wants to take others with him. FECTED BY THE DEVASTATING Square in Chicago. She was playing on This university president said, ‘‘I don’t SHOOTING INCIDENT OF FEB- a playground and got caught in the understand. I don’t know if it is the RUARY 14, 2008, AT NORTHERN crossfire of gang violence. The gangs video games or the movies or whatever ILLINOIS UNIVERSITY IN started shooting at one another, and it is; but this idea that you will shoot DEKALB, ILLINOIS this little girl was killed. Her mother innocent people before you kill your- Mr. DURBIN. Mr. President, I ask could hardly stand, as she was sobbing self, as this gunman did at Northern Il- unanimous consent that the Senate uncontrollably, even days after it oc- linois University—this is a challenge proceed to the immediate consider- curred. As I went up to say a few for all of us.’’ ation of S. Res. 458, which was sub- words, the minister said to me, ‘‘Don’t We have to first understand that mitted earlier today by myself and bring up the gun control issue, it’s too mental illness is an illness and not a Senator OBAMA. controversial.’’ I reflected on that for a curse. It can be treated successfully in The ACTING PRESIDENT pro tem- long time, and I abided by his wishes the vast majority of cases. We need to pore. The clerk will state the resolu- and the wishes of the family not to enact the Mental Health Parity Act so tion by title. bring it up. But that is an indication of that more people have mental health The assistant legislative clerk read the fact that we cannot even talk protection as part of their health as follows: about it. We cannot talk about reason- plans. We have to offer counseling for A resolution (S. Res. 458) expressing the able ways so that guns don’t get in the students and people who need a helping condolences of the Senate to those affected hands of people who will misuse them. hand in this circumstance. We have to by the devastating shooting incident of Feb- The vast majority of people who own understand that the college campus ruary 14, 2008, at Northern Illinois University guns in America obtain them legally can be an especially important place to in DeKalb, Illinois. and use them legally and responsibly. focus our resources. We have to encour- There being no objection, the Senate We should do everything we can to pro- age students to move into those re- proceeded to consider the resolution. tect their rights under our laws to con- sources and get help. We cannot penal- Mr. DURBIN. Mr. President, I ask tinue to use guns in a safe and legal ize or stigmatize them for fear that unanimous consent that the resolution manner, for sporting purposes or self- they won’t seek help. But we also have be agreed to, the preamble be agreed defense. But we know—even gun own- to be protective of the innocent people to, the motions to reconsider be laid ers know—there are people buying guns around them and to understand that at upon the table, with no intervening ac- at this very minute who have an intent some point you have to draw a line and tion or debate, and that any state- say this person is now in an unstable or in mind of killing innocent people. ments related to the resolution be dangerous situation, should never be This great Nation has to do a better printed in the RECORD at the appro- allowed a firearm, and needs to be at job of keeping those guns out of the priate place as if read. least monitored carefully, if not some The ACTING PRESIDENT pro tem- hands of those who would misuse them. The second issue is equally chal- other action taken. pore. Without objection, it is so or- This is a difficult issue because for lenging; it is the issue of mental ill- dered. many years we didn’t talk honestly The resolution (S. Res. 458) was ness. It is ironic that 30 years ago a and responsibly about mental health. agreed to. young boy whom I knew in my home- We should. The shooter of these inno- The preamble was agreed to. town of East St. Louis, IL—and I had cent students at Northern Illinois Uni- The resolution, with its preamble, known him since he was a 2-year old— versity obviously was suffering from reads as follows: grew up, graduated high school, and some form of mental illness. I don’t S. RES. 458 went away to Northern Illinois Univer- know if it could have been traced ahead Whereas, on Thursday, February 14, 2008, a sity. He was gone 5 weeks, and he was of time and acted upon, but we have to gunman entered a lecture hall on the campus sent home. We started asking, ‘‘Why think about the future and what we of Northern Illinois University and opened did Gary come back? What happened?’’ can do. fire on the students assembled there; We never got the full story until a few After the shootings at NIU, a group Whereas the gunman took the lives of 5 months later. When Gary went up to of parents whose children died at Vir- students and wounded 17 more; Northern Illinois University, for the ginia Tech wrote to the newly bereaved Whereas the 5 students who lost their lives that day were— first time in his life, he exhibited prob- parents at NIU to offer their support. lems with mental illness, serious men- (1) Gayle Dubowski, age 20, of Carol Those parents are now joined together Stream, Illinois, a devout member of her tal illness. They decided it was in his by a bond that no parent ever wants to church who sang in the church choir and best interest for him to go home. And share. The letter from the Virginia worked as a camp counselor and volunteer in he did. He had a serious problem. Un- Tech parents is posted on the Web site rural Kentucky; fortunately, it troubled him for his en- of Northern Illinois University. The (2) Catalina ‘‘Cati’’ Garcia, age 20, of Cic- tire life before he died. It first exhib- question facing us now is, how much ero, Illinois, a first-generation American who had hoped to be a teacher, was her fam- ited itself on that college campus. That larger will we allow the circle of grief is not unusual. Many people who leave ily’s ‘‘princess’’ and inspiration, and was to become? How many more support rarely seen without a beaming smile; their homes for the first time—leave groups will be formed by those who (3) Julianna Gehant, age 32, of Mendota, Il- the shelter and comfort of the home lose someone they love in school and linois, who dreamed of becoming a teacher, environment and head out to a new on a campus? and who had spent more than 12 years in the place, like a new campus or university, We know guns and mental illness are United States Army and Army Reserve serv- move into a dorm room—have a prob- controversial issues, but we also know ing our Nation and saving money for college; lem that exhibits itself for the first that five of the finest young men and (4) Ryanne Mace, age 19, of Carpentersville, time. When we talk to those who are Illinois, a much-loved only child who was women you could ever ask for were rarely without a warm smile and hoped to be leaders of universities, they say they taken from us on February 14. If there a counselor so she could help others; and offer counseling and try to find the stu- is any way we could have prevented (5) Daniel Parmenter, age 20, of West- dents who need help. their loss, we need to find it. chester, Illinois, ‘‘Danny’’ to his friends, a 6-

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1101 foot, 5-inch rugby player with a gentle spirit Senate will resume consideration of S. Mr. KYL. Mr. President, first of all, I and a bright future, who died trying to pro- 1200, which the clerk will state by title. will address an amendment to the un- tect his girlfriend from gunfire; A bill (S. 1200) to amend the Indian Health derlying Indian health bill. It is Whereas the Northern Illinois University Care Improvement Act to revise and extend amendment No. 3897, offered by my Police Department, the Police Departments that act. of DeKalb, Sycamore, Aurora, Batavia, friend from Oregon. It is an amend- Cortland, Galesburg, Genoa, Geneva, Pending: ment which I hope my colleagues will Mendota, St. Charles, Rockford, and the Vil- Vitter amendment No. 3896 (to amendment reject. lage of Winnebago, the Conservation Police, No. 3899), to modify a section relating to lim- This is an amendment that deals the Sheriff’s Offices of DeKalb County, Win- itation on use of funds appropriated to the with the way in which moneys are dis- nebago County, and Kane County, the Kane Service. bursed for health facility construction County Bomb Squad, the Illinois State Po- Dorgan amendment No. 3899, in the nature on Indian reservations. For those of us of a substitute. lice, the Federal Bureau of Investigation, the who represent the majority of our Na- Bureau of Alcohol, Tobacco, Firearms, and Smith amendment No. 3897 (to amendment Explosives, Reach/Air Angel, Flight for Life, No. 3899), to modify a provision relating to tive American population in the United Life Line, the Salvation Army, and the Fire development of innovative approaches. States, this is a very important propo- and Emergency Medical Services Depart- Murkowski (for DeMint) amendment No. sition because most of the construc- ments of DeKalb, Sycamore, Cortland, 4015 (to amendment No. 3899), to authorize tion, as you could imagine, is on the Malta, Maple Park, Rochelle, Hampshire, the Secretary of Health and Human Services Indian reservations in the Southwest— to establish an Indian health savings ac- Burlington, Shabbona, Hinckley, Genoa- in particular, Arizona, New Mexico, Kingston, Waterman, Elburn, St. Charles, count demonstration project. Murkowski (for DeMint) amendment No. and, to a lesser extent, some of the Ogle-Lee, Kaneville, Sugar Grove, North Au- 4066 (to amendment No. 3899), of a perfecting other States. It is wrong, therefore, to rora, and Somonauk responded to the emer- nature. try to change the formula by which gency promptly and assisted capably in the Murkowski (for DeMint) amendment No. initial crisis and the subsequent investiga- funding is allocated for construction of 4070 (to amendment No. 3899), of a perfecting these facilities to a broader based tion; nature. Whereas the emergency responders and the Murkowski (for DeMint) amendment No. around-the-country formula rather doctors, nurses, and other health care pro- 4073 (to amendment No. 3899), of a perfecting than based upon the population we are viders at Kishwaukee Community Hospital, nature. trying to serve. As a result, I think my Saint Anthony Medical Center, Good Samar- DeMint amendment No. 4080 (to amend- colleagues should oppose the amend- itan Hospital, Rockford Memorial Hospital, ment No. 4070), to rescind funds appropriated ment. and Northwestern Memorial Hospital pro- by the Consolidated Appropriations Act, It is helpful that the amendment is vided professional and dedicated care to the 2008, for the city of Berkeley, CA, and any victims; not mandatory but, rather, provides entities located in such city, and to provide that the Secretary can use what is Whereas hundreds of volunteer counselors that such funds shall be transferred to the from Illinois and across the Nation have Operations and Maintenance, Marine Corps called an ‘‘innovative approach’’ and come to Northern Illinois University to as- account of the Department of Defense for the distribute funding equally among the sist the campus community; purposes of recruiting. Indian health care regions rather than Whereas the students, faculty, staff, and The ACTING PRESIDENT pro tem- target funding to areas where the administration of Northern Illinois Univer- pore. The Senator from North Dakota health care services are needed the sity, the people of the city of DeKalb and the most. But it still doesn’t make sense to State of Illinois, and all Americans have is recognized. mourned the victims of this tragedy and Mr. DORGAN. Mr. President, my un- try to use this Indian construction have offered support to the victims’ friends derstanding is that we have a cloture funding as kind of a honey pot of and families and to the greater Northern Illi- vote that will begin at 5:30 this money for everybody to share in equal- nois University community; evening. I know Senator DEMINT has ly when certain key areas have the Whereas Northern Illinois University has two amendments he intends to offer bulk of the need based upon their popu- established a scholarship fund to honor the this evening. We expect to have votes lation. I think this priority based upon memory of the students slain in the Feb- on those amendments. I have an open- need is a much more sensible way to ruary 14 tragedy; and ing statement I wish to give for a short serve our Indian population. Whereas the Northern Illinois University I disagree that the area distribution community is determined to move ‘‘forward, period, and I will defer on that. Sen- together forward’’, in the words of the ator KYL wishes 10 minutes to speak, fund is the answer. It will turn the cur- Huskie fight song, and to persevere through with 5 minutes on the bill and 5 min- rent process upside down. It would dis- this tragedy with heavy hearts but unbroken utes, I believe, in morning business. I rupt pending projects. While it may be spirits: Now, therefore, be it don’t want to disadvantage either of well intentioned, the amendment Resolved, That the Senate— my colleagues. I want to comment doesn’t ensure that Federal dollars will (1) expresses its sincere condolences to the about the legislation. be appropriately allocated based upon families, friends, and loved ones of those who the greatest health care needs of the were killed in the tragic shooting on Feb- We are finally, at long last, going to ruary 14, 2008, at Northern Illinois University pass an Indian Health Care Improve- individual members of the tribes. in DeKalb, Illinois: Gayle Dubowski, Cat- ment Act. It has been 8 long years. It is Therefore, I urge my colleagues to op- alina Garcia, Julianna Gehant, Ryanne long past due. By tomorrow midday, we pose that amendment. Mace, and Daniel Parmenter; will have disposed of all of the amend- THE FISA LEGISLATION (2) extends its support and prayers to those ments, and having succeeded in invok- Mr. President, I wish to take 2 min- who were wounded and wishes them a speedy ing cloture, we will have finally done utes to address the matter dealt with recovery; something that will give cause for mil- by my counterpart on the majority (3) commends the emergency responders, law enforcement officers, healthcare pro- lions of Americans to celebrate in this side a little while ago, legislation we viders, and counselors who performed their country for the first time in a long will presumably have to deal with duties with professionalism and dedication time—an improvement in Indian health again—certainly the House of Rep- in response to the tragedy; and Indian health care. resentatives will—and that is the FISA (4) reaffirms its commitment to helping Mr. President, Senator KYL has Act legislation. I wish to put a couple ensure that schools, colleges, and univer- asked that he be allowed to speak for 5 of things in the RECORD. I will explain sities in the United States are safe and se- minutes at this point. I ask unanimous what they are, and then I will ask con- cure environments for learning; and consent that Senator KYL be recog- sent to do that. (5) expresses its solidarity with Northern As you know, the Senate has passed Illinois University and its students, faculty, nized, following which I would like to staff, and administration as they mourn speak—and I will make it short—and this important FISA legislation. The their losses and as they recover from this then Senator DEMINT will be recog- legislation will enable us to continue tragic incident. nized. I notice that the ranking mem- to collect foreign intelligence on our f ber, Senator MURKOWSKI, is on the floor terrorist enemies. We are waiting for as well. the House of Representatives to act on INDIAN HEALTH CARE IMPROVE- I yield the floor. that legislation so that it can be sent MENT ACT AMENDMENTS OF 2007 The ACTING PRESIDENT pro tem- to the President for signature. The ACTING PRESIDENT pro tempore. The Senator from Arizona is rec- There has been some confusion about pore. Under the previous order, the ognized. what the effect of the failure of the

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Any adverse effects will result in more, and it would be illegal to proceed as in writing a letter to the chairman of a weakening of critical tools necessary to you suggest. Before surveillance begins the the House Permanent Select Com- protect the Nation. As we explained in our Attorney General must determine that there mittee on Intelligence, dated February letter to Senator Reid, expiration would cre- is probable cause that the target of the sur- 22, in which he addressed the signifi- ate uncertainty concerning: The ability to veillance is a foreign power or an agent of a cant concerns we have, given the fact modify certifications and procedures issued foreign power and that FISA’s other require- that there is no current law that en- under the Protect America Act to reflect ments are met. As explained above, the proc- operational needs and the implementation of ess of compiling the facts necessary for such ables us to appropriately collect this procedures to ensure that agencies are fully a determination and preparing applications intelligence. integrated protecting the Nation; The con- for emergency authorizations takes time and I ask unanimous consent that this tinuing validity of liability of protection for results in delays. Again, it makes no sense to letter be printed in the RECORD. those who assist us according to the proce- impose this requirement in the context of There being no objection, the mate- dures under the Protect America Act; The foreign intelligence surveillance of targets rial was ordered to be printed in the continuing validity of the judicial mecha- located overseas. Because of the hurdles RECORD, as follows: nism for compelling the assistance of private under FISA’s emergency authorization pro- FEBRUARY 22, 2008. parties needed to protect our national secu- visions and the requirement to go to the Hon. SILVESTRE REYES, rity; The ability to cover intelligence gaps FISA Court within 72 hours, our resource Chairman, House Permanent Select Committee created by new communication paths or constraints limit our use of emergency au- on Intelligence, House of Representatives, technologies. thorizations to certain high-priority cir- Washington, DC. Our experience in the past few days since cumstances and cannot simply be employed DEAR CHAIRMAN REYES: The President the expiration of the Act demonstrates that for every foreign intelligence target. asked us to respond to your letter of Feb- these concerns are neither speculative nor It is also inaccurate to state that because ruary 14, 2008, concerning the urgent need to theoretical: allowing the Act to expire with- Congress has amended FISA several times, modernize the Foreign Intelligence Surveil- out passing the bipartisan Senate bill has there is no need to modernize FISA. This lance Act of 1978 (FISA). Your assertion that had real and negative consequences for our statement runs counter to the very basis for there is no harm, in allowing the temporary national security. Indeed, this has led di- Congress’s passage last August of the Pro- authorities provided by the Protect America rectly to a degraded intelligence capability. tect America Act. It was not until the passage of this Act that Congress amended Act to expire without enacting the Senate’s It is imperative that our intelligence agen- those provisions of FISA that had become FISA reform bill is inaccurate and based on cies retain the tools they need to collect outdated due to the communications revolu- a number of misunderstandings concerning vital intelligence information. As we have tion we have experienced since 1978. As we our intelligence capabilities. We address explained before, the core authorities pro- explained, those outdated provisions resulted those misunderstandings below. We hope vided by the Protect America Act have in dangerous intelligence gaps by causing that you find this letter helpful and that you helped us to obtain exactly the type of infor- constitutional protections to be extended to will reconsider your opposition to the bill mation we need to keep America safe, and it foreign terrorists overseas. It is critical that passed last week by a strong bipartisan ma- is essential that Congress reauthorize the Congress enact long-term FISA moderniza- jority in the Senate and, when Congress re- Act’s core authorities while also extending liability protection to those companies who tion to ensure that the Intelligence Commu- turns from its recess, support immediately nity can collect effectively the foreign intel- bringing the Senate bill to the floor, where it assisted our Nation following the attacks of September 11, 2001. Using the authorities ligence information it needs to protect the enjoys the support of a majority of your fel- provided in the Protect America Act, we Nation. The bill passed by the Senate would low members. It is critical to our national have obtained information about efforts of achieve this goal, while safeguarding the pri- security that Congress acts as soon as pos- an individual to become a suicide operative, vacy interests of Americans. sible to pass the Senate bill. efforts by terrorists to obtain guns and am- LIABILITY PROTECTION INTELLIGENCE COLLECTION munition, and terrorists transferring money. Your assertion that the failure to provide Our experience since Congress allowed the Other information obtained using the au- liability protection for those private-sector Protect America Act to expire without pass- thorities provided by the Protect America firms that helped defend the Nation after the ing the bipartisan Senate bill demonstrates Act has led to the disruption of planned ter- September 11 attacks does not affect our in- why the Nation is now more vulnerable to rorist attacks. The bipartisan Senate bill telligence collection capability is inaccurate terrorist attack and other foreign threats. In would preserve these core authorities and and contrary to the experience of intel- our letter to Senator Reid on February 5, improve on the Protect America Act in cer- ligence professionals and to the conclusions 2008, we explained that: ‘‘the expiration of tain critical ways, including by providing li- the Senate Select Committee on Intelligence the authorities in the Protect America Act ability protection to companies that assisted reached after careful study of the matter. It would plunge critical intelligence programs in defending the country after September 11. also ignores that providing liability protec- into a state of uncertainty which could cause In your letter, you assert that the Intel- tion to those companies sued for answering us to delay the gathering of, or simply miss, ligence Community’s ability to protect the their country’s call for assistance in the critical foreign intelligence information.’’ Nation has not been weakened, because the aftermath of September 11 is simply the That is exactly what has happened since the Intelligence Community continues to have right thing to do. Through briefings and doc- Protect America Act expired six days ago the ability to conduct surveillance abroad in uments, we have provided the members of without enactment of the bipartisan Senate accordance with Executive Order 12333. We your committee with access to the informa- bill. We have lost intelligence information respectfully disagree. Surveillance con- tion that shows that immunity is the fair this past week as a direct result of the un- ducted under Executive Order 12333 in a man- and just result. certainty created by Congress’ failure to act. ner that does not implicate FISA or the Pro- Private party assistance is necessary and Because of this uncertainty, some partners tect America Act is not always as effective, critical to ensuring that the Intelligence have reduced cooperation. In particular, they efficient, or safe for our intelligence profes- Community can collect the information have delayed or refused compliance with our sionals as acquisitions conducted under the needed to protect our country from attack. requests to initiate new surveillances of ter- Protect America Act. And, in any event, sur- In its report on S. 2248, the Intelligence Com- rorist and other foreign intelligence targets veillance under the Protect America Act mittee stated that ‘‘the intelligence commu- under existing directives issued pursuant to served as an essential adjunct to our other nity cannot obtain the intelligence it needs the Protect America Act. Although most intelligence tools. This is particularly true without assistance’’ from electronic commu- partners intend to cooperate for the time in light of the changes since 1978 in the man- nication service providers. The Committee being, they have expressed deep misgivings ner in foreign targets with speed and agility. also concluded that ‘‘without retroactive im- about doing so in light of the uncertainty If we revert to a legal framework in which munity, the private sector might be unwill- and have indicated that they may well cease the Intelligence Community needs to make ing to cooperate with lawful Government re- to cooperate if the uncertainty persists. We probable cause showings for foreign terror- quests in the future without unnecessary are working to mitigate these problems and ists and other national security threats lo- court involvement and protracted litigation. are hopeful that our efforts will be success- cated overseas, we are certain to experience The possible reduction in intelligence that ful. Nevertheless, the broader uncertainty more intelligence gaps and miss collecting might result from this delay is simply unac- caused by the Act’s expiration will persist information. ceptable for the safety of our Nation.’’ Sen- unless and until the bipartisan Senate bill is You imply that the emergency authoriza- ior intelligence officials also have testified passed. This uncertainty may well continue tion process under FISA is an adequate sub- regarding the importance of providing liabil- to cause us to miss information that we oth- stitute for the legislative authorities that ity protection to such companies for this erwise would be collecting. have lapsed. This assertion reflects a basic very reason.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1103 Even prior to the expiration of the Protect communications companies that are The point he is making is, we are in America Act, we experienced significant dif- assisting the U.S. Government in the a situation right now of grave vulnera- ficulties in working with the private sector absence of a law which properly pro- bility. Intelligence is not being col- because of the continued failure to provide vides for liability protection for them liability protection for such companies. lected, so there is no law under which These difficulties have only grown since ex- and sets out the ground rules for their it can be collected. The private parties piration of the Act without passage of the bi- intelligence collection. with whom we must work to collect partisan Senate bill, which would provide I ask unanimous consent to have that intelligence are in a position of fair and just liability protection. Exposing printed in the RECORD the statement to great vulnerability because of lack of the private sector to the continued risk of which I just referred. liability protection, as a result of billion-dollar class action suits for assisting There being no objection, the mate- which there can undoubtedly arise a in efforts to defend the country understand- rial was ordered to be printed in the question as to whether they will con- ably makes the private sector much more re- RECORD, as follows: luctant to cooperate. Without their coopera- tinue to be able to perform this service STATEMENT BY THE DEPARTMENT OF JUSTICE tion, our efforts to protect the country can- for us. That is why we ask the House of AND THE OFFICE OF THE DIRECTOR OF NA- not succeed. Representatives to take up the Senate- TIONAL INTELLIGENCE REGARDING COOPERA- PENDING LEGISLATION passed legislation and to pass it as TION WITH PRIVATE PARTNERS soon as possible and send it to the Finally, as you note, the House passed a As stated in the joint letter from the At- bill in November to amend FISA, but we im- torney General and the Director of National President so this vulnerability of mediately made clear that the bill is un- Intelligence dated February 22, the Depart- which the Director has spoken can workable and unacceptable. Over three ment of Justice and the Intelligence Commu- come to an end and we can resume col- months ago, the Administration issued a nity have been working assiduously to miti- lection of intelligence on our terrorist Statement of Administration Policy (SAP) gate the effects of the uncertainty caused by that stated that the House bill ‘‘falls far enemies. the failure to enact long-term modernization The PRESIDING OFFICER (Mr. short of providing the Intelligence Commu- of the Foreign Intelligence Surveillance Act nity with the tools it needs to collect effec- MENENDEZ). The Senator from North of 1978. We learned last night after sending Dakota. tively the foreign intelligence information this letter that, as a result of these efforts, vital for the security of the Nation’’ and that new surveillances under existing directives Mr. DORGAN. Mr. President, I will ‘‘the Director of National Intelligence and issued pursuant to the Protect America Act make a few comments, and then Sen- the President’s other senior advisers would will resume, at least for now. We appreciate ator DEMINT, by unanimous consent, recommend that the President veto the bill.’’ the willingness of our private partners to co- will be recognized. He will have the We adhere to that view today. operate despite the uncertainty. Unfortu- time that he desires to speak about his The House bill has several grave defi- nately, the delay resulting from this discus- two amendments that we will vote on ciencies. First, although numerous senior in- sion impaired our ability to cover foreign intelligence officials have testified regarding this evening. telligence targets, which resulted in missed I begin quickly by saying that we the importance of affording liability protec- intelligence information. In addition, al- tion for companies that assisted the Govern- though our private partners are cooperating have had a lot of help to get this bill ment in the aftermath of September 11, the for the time being, they have expressed un- this far: Senator REID, first of all, for House bill does not address the critical issue derstandable misgivings about doing so in allowing us and being persistent in get- of liability protection. Second, the House light of the on-going uncertainty and have ting this bill to the floor and to keep it bill contains certain provisions and serious indicated that they may well discontinue co- here. Senator KYL has worked closely technical flaws that would fatally undermine operation if the uncertainty persists. Even with us. Senator MURKOWSKI, the rank- our ability to collect effectively the intel- with the cooperation of these private parting member, has worked very hard to ligence needed to protect the Nation. In con- ners under existing directives, our ability to trast, the Senate bill deals with the issue of gather information concerning the inten- help me get this bill from our com- liability protection in a way that is fair and tions and planning of terrorists and other mittee to the floor. Senator KENNEDY that protects the national security. In addi- foreign intelligence targets will continue to and Senator ENZI and so many others tion, the Senate bill is carefully drafted and degrade because we have lost tools provided have worked with us to try to make a has been amended to avoid technical flaws by the Protect America Act that enable us difference on this legislation. similar to the ones in the House bill. We note to adjust to changing circumstances. Other Let me describe why there is an ur- that the privacy protections for Americans intelligence tools simply cannot replace gency. We have a trust responsibility in the Senate bill exceed the protections these Protect America Act authorities. The contained in both the Protect America Act for Indian health care. That is different bipartisan Senate bill contains these au- from other responsibilities. A trust re- and the House bill. thorities, as well as liability protection for The Department of Justice and the Intel- those companies who answered their coun- sponsibility means we took the land ligence Community are taking the steps we try’s call in the aftermath of September 11. from the indigenous Americans, from can to try to keep the country safe during We hope that the House will pass this bill the first Americans. We took their land this current period of uncertainty. These soon and end the continuing problems the In- but signed treaties and said: Tell you measures are remedial at best, however, and telligence Community faces in carrying out what, we will give you a deal. Here is do not provide the tools our intelligence pro- its mission to protect the country. fessionals need to protect the Nation or the our responsibility: We will provide certainty needed by our intelligence profes- Mr. KYL. Finally, Mr. President, the health care for you. That was inter- sionals and our private partners. The Senate Director of National Intelligence, Ad- preted much later as a trust responsi- passed a strong and balanced bill by an over- miral McConnell, was on a television bility. whelming and bipartisan margin. That bill program in which he made some points Let me show what we do on Indian would modernize FISA, ensure the future co- related to this issue. Among other health care compared to other respon- operation of the private sector, and guard things, he said: sibilities we have. This describes how the civil liberties we value. We hope that you We cannot do this mission, we cannot do much we spend per person on Medicare, will support giving your fellow members the this activity without the help of the private veterans, Medicaid, and so on. We actu- chance to vote on this bill. sector. Sincerely, ally spend twice as much money to pro- MICHAEL B. MUKASEY, Upon expiration of the Protect Amer- vide health care for Federal prisoners, Attorney General. ica Act ‘‘the private sector partner those incarcerated in Federal prisons, J.M. MCCONNELL, said, ‘Well, wait a minute, are we now as we do to meet our responsibility for Director of National protected?’ So we went through a dis- health care for American Indians. We Intelligence. cussion for the entire week. Now, this have a responsibility for both, but we Mr. KYL. Mr. President, in addition is the problem. We may have the au- spend twice as much for Federal pris- to that, the Department of Justice has thority to conduct surveillance, and we oners’ health care as we do for Amer- issued a news release dated February 23 do, for example, on al-Qaida, but you ican Indians. that is titled ‘‘Statement by the De- can’t make that actionable if you don’t It is not as if there is not a need. partment of Justice and the Office of have something specific to load in our American Indians have a 600 percent the Director of National Intelligence systems to target. So when we wanted higher rate of tuberculosis, a 510 per- Regarding Cooperation with Private to load new information, the private cent rate of alcoholism, and diabetes is Partners,’’ which press release makes partners said, ‘We’re not prepared to do off the charts. There are about one- it very clear that we are having a very that.’ So we negotiated all week to be third of doctors for Indians versus difficult time in dealing with the tele- able to come to closure.’’ other populations, and one-fourth of

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1104 CONGRESSIONAL RECORD — SENATE February 25, 2008 nurses for Indians as other populations. ing. It is not working the way we would than that amount. Yet we are pro- There is a much higher rate of sudden expect it to work for us and for our viding free health care for these tribes. infant death syndrome. Cervical cancer families, and it does not work for Na- This amendment would exclude from is four times higher. The suicide rate tive Americans, the first Americans, the new programs in the underlying among Indian teens is 10 times higher for whom we have a trust responsi- bill those tribes with casino gambling, in the northern Great Plains, and it is bility and to whom we made a promise. class III gambling, which would take triple in the rest of the country. The That is why we must get this bill done. the money that is provided in the bill statistics are endless. We have a full- We will have a cloture vote at 5:30 p.m. and allocate it to the poorer tribes, scale health care crisis. We will have two amendments this which uses just basic common sense. If This bill in itself will not fix all that evening by Senator DEMINT, a couple we have a limited amount of money to is wrong, but it is the first time in 8 of amendments tomorrow morning, and go around, let’s target those tribes years we are finally getting this bill re- final passage, and there will be a cele- with the greatest poverty and the authorized. It should have been done 8 bration by people who have waited a greatest need and allow those tribes years ago. It is now being done, and it long time for this legislation to move with the highest incomes to participate is important. through the Senate. in purchasing their own health care. I have described this bill through the Mr. President, I know my colleague, That is amendment No. 4073. We will eyes of two girls—one age 5, the other Senator DEMINT, has been waiting pa- vote on that amendment today. age 14, both dead. Let me describe tiently. I yield the floor, and my guess them. Their relatives and parents have is that Senator MURKOWSKI, the rank- Let me address another amendment allowed me to use their names so that ing member, will wish to be recognized that will be voted on today; that is, we understand what this is about and following Senator DEMINT. amendment No. 4070 which recognizes what this urgency is. The PRESIDING OFFICER. The Sen- that some of the programs in the bill First, I will explain Ta’Shon Rain ator from South Carolina. that are designed for injury prevention Littlelight, a beautiful 5-year-old In- Mr. DEMINT. Mr. President, I appre- or safety have actually been used in dian girl from the Crow Reservation in ciate the words of the chairman on the the past by Government agencies to Montana. Ta’Shon Rain Littlelight need to improve Indian health care. It promote antifirearm programs, gun died, and the last 3 months of her life is clear from the Government Account- buyback programs, or programs that was in unmedicated pain. This little ing Office study that there is no doubt generally stigmatize the ownership of girl went to an Indian health clinic Indian health is suffering and there are guns for collecting, hunting, or self-de- again and again to be diagnosed as hav- many reforms that are desperately fense. ing a condition of depression, and she needed. I wish to talk about several This amendment provides that none was treated for depression. It turns out amendments we proposed that we of the funds in the bill may be used to she had terminal cancer. She was fi- think will help the bill. One is related fund antifirearm programs, gun nally rushed to Billings, MT, then to what Senator DORGAN was just talk- buyback programs, or programs aimed rushed to Denver, CO, and diagnosed as ing about and the fact that there is at discouraging or stigmatizing the pri- having terminal cancer when it was just not enough money currently to vate ownership of firearms for col- undiagnosed many months before, and provide the health care that is needed lecting, hunting, or self-defense. That it may well have been able to be treat- for many Indians across the country is basically the language in the bill. ed. today. We know from programs we have When they finally diagnosed this 5- Unlike a lot of other Federal support looked at before—we have legislation, year-old girl, who loved to dance the for health care, Indian health care pro- for instance, that we passed that would Indian dances, as having terminal can- vides 100 percent coverage to all mem- prohibit the Centers for Disease Con- cer, she asked her mom if she could go bers of tribes across the country, re- trol from doing exactly the same thing; to Disney World and see Cinderella’s gardless of income level. The problem that is, using money that is supposed castle and the Make-a-Wish Founda- that creates at a time when we are of- to be used for safety programs or other tion allowed her to go to Orlando, FL, fering new programs and reforms is we injury prevention and actually use it to see Cinderella’s castle. are not offering enough money to actu- to promote a political agenda which is They got there and checked into a ally support all the programs that are an anti-second-amendment agenda. motel, and that evening, in her moth- in this new bill. This is another amendment we will er’s arms, Ta’Shon Rain Littlelight My amendment No. 4073, which we vote on today. said: Mommy, I’m sorry I’m sick. I will call the Indian gaming amendment, try to be better. She died that night in would allocate the scarce resources to So two amendments we will be voting her mother’s arms. She never got to the poorer tribes by excluding some of on today after the cloture motion vote see Cinderella’s castle. the richer tribes that benefit from is the Indian gaming amendment that This little girl deserved health treat- class III or casino-style gambling. would exclude those tribes that have ment, deserved a health system that Many of us have looked at the statis- the revenue from casinos, as well as we would expect for our children, a tics. Revenues from Indian casino gam- the other amendment which would pro- good diagnosis, first-class health treat- bling have surpassed $12 billion, and hibit funds from being used to stig- ment. She did not get it, and she is many members of these tribes will re- matize the ownership of guns. dead. ceive income from these casinos from Mr. President, I wish to address an- So is Avis Littlewind. Avis was 14. $30,000 to over $300,000. There are clear other amendment which is pending to Avis Littlewind committed suicide. discrepancies in the income in the this bill, which is what we call the She lay in her bed for 90 days in a fetal tribes across the country, and in de- health savings account choice. This position, missing school, missing ev- signing Indian health care reform, it is amendment would simply make an- erything. Her sister had committed important that we recognize that fact. other choice available to Indians in the suicide. Her dad took his own life. This In 2001, there were 290 Indian casinos purchase of their health care. Right young girl age 14 was lying in a fetal across 28 States that brought in more now, they have most of the options position for 3 months and somehow no- than $12.5 billion with more than $5 bil- that we have at the Federal level in body missed her. No mental health lion in profit. To put this in context, our Federal employees plan, but they treatment was available. Nobody the average family in South Carolina do not yet have a health savings ac- seemed to identify this little girl was makes around $50,000 a year. These count option which we have added to in trouble. And then she hung herself. families, sometimes on their own, our Federal programs. This simply She felt hopeless and helpless and took sometimes through their employers, would allow Indians the same choice her life. have to pay and help pay for their that we have. They could purchase a A 14-year-old girl is gone. A 5-year- health care and many times PPO or other plans—managed care, old girl is gone. But it is thousands, deductibles and copays. The average in- HMO, or with this amendment, they thousands of people suffering with a come in the tribes that have casino could also have a health savings ac- health care system that is not work- gambling is generally much higher count with a high-deductible plan.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1105 I encourage my colleagues to support against traditional Americans and the Again, I emphasize that anyone who this amendment. I am actually work- marines who have fought for our free- wants to speak out in protest against ing with the chairman on the possi- dom of speech. marine recruiters, against the Iraq bility that this amendment could be My amendment got a fair amount of war, or anything, it is their free right. accepted and avoid a vote on the attention and a lot of supporters here But when government, whether it is a amendment tomorrow; otherwise, we in the Senate, which I appreciate. The local government or a State govern- will be voting on it tomorrow before same bill was also introduced in the ment, takes a position against our Fed- final passage. House by a number of Republicans. I eral constitutional amendment to de- I wish to make a few comments on a have been surprised at the response we fend this country, which requires the second-degree amendment that I added have gotten—literally thousands of recruitment of marines, soldiers, air- to one of these amendments the week phone calls and e-mails and letters. men, and Coast Guard, that is part of before we left last week which we call What this has exposed to me is it is not our job. It is not freedom of speech the Semper Fi amendment. This is an only a single event, but it has exposed when a local government takes a posi- amendment that is not germane and a raw wound not only of our marines tion against what we are charged to do will fall after cloture but still deserves but everyone serving in uniform, and here at the Federal level. some comment. The Semper Fi amend- their families. I encourage all those parents, all ment is named in honor of the marine I have heard it when I have been in those in uniform, that the majority of motto, which means ‘‘always faithful,’’ Iraq, more than once, when I ask our those here in the Senate, in the House, and it is a bill which I introduced after soldiers, marines, and airmen what and across this country respect and ap- the Berkeley, CA, city council voted to they need, and the response has often preciate what you are doing every day. refer to our marines as unwelcome in- been: Don’t forget us. The letters and I got back from Iraq last week, with 2 truders and had proposed that they e-mails I have gotten have indicated days on the ground, and I know I speak leave town—that their recruiting office the same thing, that finally some are for all my colleagues when I say I was actually leave town. When I heard of standing up for those who are fighting never prouder of my country and what this, it immediately angered me and we for our freedoms. I do here than when I stood with those developed this bill which would simply I was surprised by the response. I in uniform who are sacrificing, in take away about $2 million of wasteful have gotten letters at home from many instances, more than a year Federal earmarks, which were not mothers who have sent me pictures of away from their family, and some on voted on in the Senate or the House, their marines, thanking those of us second and third tours. They are fight- but were added as what we call report who have stood up for their marines. I ing for us and we need to stand up for language. We are not trying to take have agonized over the fact that they them. I am going to continue to persist away all their Federal funding but sim- need someone to stand up for them. until my colleagues give me a chance ply to say, if they are not going to re- But when I go back and see what was to stand with our marines and to sup- spect our marines or their mission, said in this Chamber and the House port the Semper Fi bill. which part of it is recruiting, then cer- Chamber, and what governments such Mr. President, I yield the floor, and I tainly they should not be the bene- as the city of Berkeley have done, it reserve the remainder of my time. ficiary of taxpayer-funded earmarks, should come as no surprise to us that The PRESIDING OFFICER (Mr. and certainly those that aren’t nec- there are doubts in the minds of those WHITEHOUSE). The Senator from Alas- essary. who put on the uniform that we sup- ka. Ms. MURKOWSKI. Mr. President, at When I first introduced this bill, it port them, that we believe in what this time I yield 7 minutes to the Sen- was more to make a point and maybe they do, and that we support their con- rattle the cages of the city council, be- ator from Wyoming. stitutional mission to recruit and to The PRESIDING OFFICER. Without cause I know all the people in Berkeley talk about what we offer in our serv- objection, it is so ordered. The Senator don’t feel this way. If anyone looked at ices. People—Americans—are con- from Wyoming is recognized. the video—and it was one of the most cerned about this. Mr. ENZI. Mr. President, I thank the watched videos on YouTube—you could We have tried to get the Semper Fi Senator from Alaska. see person after person stepping up and act on the floor for an up-or-down vote, I rise in support of renewing and re- maligning our marines and the job and we have not been able to do so. We invigorating the Indian health care they are doing, not only in Iraq but tried to pass it by unanimous consent, programs. For too long we have ne- throughout history, and referring to which got 100 percent Republican sup- glected our duty to review this pro- them as murderers and thugs, unthink- port but was blocked on the Demo- gram and ensure that it continues to able things being said about the same cratic side. I added it to an amendment efficiently deliver high-quality health marines who provided them their free- to this bill, to try to get a vote, but it care. As part of that effort in the last dom of speech. will fall after we vote for cloture. Congress, Senator MCCAIN and I and Some have said by my introducing I promise the marines and all those Senator DORGAN and Senator MUR- this bill I am against freedom of in uniform that I am going to continue KOWSKI introduced comprehensive leg- speech, and that is not it at all. In fact, to persist until we get a vote on this, islation that would do that, and I am the anti-American group Code Pink because it is not just about this amend- pleased that a great portion of the bill had been demonstrating for months in ment, it is not just about those who we are discussing today includes provi- front of the marine recruitment office support it, it is about letting those who sions of that bill, which was S. 4122. there in Berkeley, and I have no prob- put on the uniform and who are willing In crafting that legislation last Con- lem with that. They have every right. to fight for our freedoms know we gress, we kept in mind the 80/20 rule in But they wanted more than freedom of stand behind them. When any govern- working between the Health, Edu- speech, they wanted the power of the ment, at any level, takes a position cation, Labor and Pensions Committee local government behind them, to give against them, it is our responsibility and the Indian Affairs Committee. We them an advantage over those who sup- here in the Congress to stand up for used this 80/20 rule—or the 80-percent ported the marines, supported their those marines and those fighting men rule—which is that 80 percent of the mission, and supported our country. So and women and not to allow them to be time we are going to agree on a topic the city council voted to give Code taken advantage of and intimidated and it is only 20 percent of the time Pink a free parking place in front of and bullied by some local government that we disagree. So to gain broad sup- the marine recruitment office, and also such as we saw in Berkeley. port we focused on that 80 percent to voted to give them a permit to use a I have been happy to see some local ensure it was a strong bipartisan piece bullhorn, a megaphone, to shout down governments across the country actu- of legislation. It is a piece that is long any who would want to come into that ally pass resolutions in support of the overdue. This should have been reau- recruitment office. That is not free marine recruiters, and I appreciate any thorized years ago. It leaves out some speech. That is a government-spon- across this country who stand and important things that are necessary sored political agenda that took the make a statement on behalf of those for the tribes in administering Indian side of a few liberal demonstrators who are fighting for our freedom. health.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1106 CONGRESSIONAL RECORD — SENATE February 25, 2008 A few weeks ago, I did mention a few it for a good 10 years. It has been a col- what seemed to be insurmountable ob- remaining concerns I had with the un- laborative effort of many leaders in the stacles in their quest for excellence. derlying Indian health care bill, and Senate. Senator MCCAIN has been men- My focus now on these examples from thankfully, due to the work of many in tioned, as the former chairman of the Alaska is not intended to imply we are this Chamber, and particularly Senator Indian Affairs Committee. Prior to his not seeing innovation in Indian health DORGAN and Senator MURKOWSKI, I no chairing that committee, it was Sen- care delivery in other places of Indian longer have concerns with the under- ator Ben Nighthorse Campbell who was Country, but I have chosen to speak lying legislation. The improvements to leading the effort to move forward with about these programs because I know the bill required minimal language this very important reauthorization. them, I believe in them. changes, but they do have huge policy I had the opportunity to go home to In the State of Alaska, we have Na- implications. I am glad we are better Alaska over this past recess, and it was tive people who have lived in more able to clarify the scope of Federal li- a busy recess for me, as it was for, I than 200 traditional villages along the ability coverage. By doing so, we no know, many of my colleagues. I had an rivers and coasts for thousands of longer imply that the Federal Govern- opportunity to visit Galena, which is years, and Natives continue to occupy ment could be telling Americans how the Athabascan Indian village on the those villages today. But those are to practice their own religious beliefs. Yukon River. I was in Fairbanks, Sew- places, many of them are places where For this and the issue of urban Indians, ard, Anchorage, and my hometown of doctors and nurses and physicians as- we were able to find a third way, a mid- Girdwood. I had a chance to visit with sistants or the PAs, where they did not dle ground, on the appropriate role for seven or eight Alaskan natives who are live, and they will not live. providing services to urban Indians. training under the dental health aide But that does not mean Alaska’s Na- I am also pleased to hear that at therapist program in Anchorage. This tive people lack access to basic medical least two outstanding issues within the is a very unique partnership with the care. If one gets sick or injured in a Finance Committee’s title of this bill University of Washington School of Native village which may be hundreds have also been resolved. I thank Sen- Medicine. What we are doing in Alaska of miles from the nearest hospital, you ator KYL for all his efforts in the area now is training Alaska natives as mid- need to know you are not alone. In our to create better Medicaid copays and level professional dental health aide State, we faced up to the challenge of better citizenship documentation. I re- therapists to go out and provide for the providing access to medical care in realize others may not see these com- dental health needs of so many in our mote places by training Native people promises as the perfect solution. How- rural communities, in our villages to serve as community health aide ever, they are moving us in the right around the State where they simply do practitioners. This is a program that direction on these key topics. As I re- not have any level of dental health originated during the tuberculosis mind people around here a lot, there is care. I am not talking about a dentist epidemics back in the 1950s. They had no such thing as a perfect piece of leg- who comes every other week. I am say- volunteer chemotherapy aides who islation. ing we don’t have a dentist every other gave out oral medicine in the village The 80 percent this bill contains will year practically in some of these vil- under the remote supervision of a phy- solve immense problems for tribes lages. So we are providing a training sician. throughout the United States. It will opportunity that is unique to Alaska In the 1960s, a structured training move health care forward for all who and is very important. program was created to train Native are involved, and it will make a huge So even though it is tough to leave people residing in the villages to func- difference. It is past due. We still can home and come back here to work, it is tion as the eyes and ears, the hands of work on other issues that are out- good to be back here knowing that we medical personnel who may be hun- standing that we hear mentioned are working on the Indian Health Care dreds of miles away. around the Chamber in the debate, but Improvement Act, working to finish At one point in time, this link be- this piece of legislation needs to pass. this very important legislation. tween the village health aide and the It needs to pass now. It should have We have had many of our colleagues doctor in the regional hospitals was passed a year and a half ago. speak about the challenges of deliv- carried out by a single-sideband radio We almost passed it at the end of ering quality health care to America’s similar to what the ham operators use. that session, until we got the scoring, Native people and the funding environ- Then later it was carried out by tele- and the scoring used the wrong bill. ment that all have admitted is inad- phone, subsequently e-mail. Now we They did not use the bill Senator equate to support those needs. have a state-of-the-art telemedicine MCCAIN and I and Senators MURKOWSKI Those challenges are not limited to backbone that connects the health and DORGAN put together. They used a the lack of funding, they also include aides and the supervising physicians. different bill, and the cost came in ex- the lack of trained personnel who are Alaska’s Community Health Aide/ tremely high. And it would, under that willing to live in some of the most re- Practitioner Program was first recog- bill. It wasn’t this bill. It wasn’t what mote places in which Indian health nized and funded by the Congress in we worked on. care is delivered. So that is one side of 1968 and is 40 years old this year. It has It has taken us another year and a the coin. But there is also some very earned the respect of the medical pro- half to get to the point where we can real innovation that is going on within fession and has tremendously improved pass a bill that will solve the problems the Indian health care delivery system. the health condition of Alaska’s Native for the tribes and keep this program As I listened to the debate that went people. I mentioned earlier I had a moving forward in a very positive way. on on the Senate floor in the past sev- chance to view those young people who I am glad we will be able to pass this eral weeks, it dawned on me that we are currently in the Dental Health legislation out of the Senate, and I saw a lot of focus, a lot of attention on Aide Therapist Program. This is an ex- look forward to working with others to some of the inadequacies but that we tension of this concept to improve the get this bill signed into law. did not spend any time during that de- oral health condition of Native people Mr. President, I yield the floor. bate to recognize the people, the tribal who live in places where the dentists The PRESIDING OFFICER. The Sen- leaders, the health care professionals may visit once a year if they visit at ator from Alaska. who are unwilling to let the lack of all. Ms. MURKOWSKI. Mr. President, I funding stand in the way of excellence These are a few examples from my appreciate the comments of my col- in health care delivery. State of the kind of innovation we have league from Wyoming, speaking to es- So as we move to conclude our debate seen going on in Indian health care de- sentially the urgency of where we are, on this very important piece of legisla- livery for some time. I wish to give you and the recognition that we have been tion for the health of our Native peo- a more recent example. This is the working on this legislation, the Indian ple, I wish to take a few moments this Southcentral Foundation’s patient- Health Care Improvement Act and its evening to focus on some of the ways, centered primary care initiative. reauthorization—and as he mentioned, in my home State, our Native leaders The initiative has transformed the it should have passed a year and a half and our Indian health care profes- quality of health care delivered to Na- ago—but that we have been working on sionals have partnered to overcome tive people residing in a service area of

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1107 150,000 square miles within south- mination and Education Assistance The PRESIDING OFFICER. Without central Alaska. The Southcentral Act. objection, it is so ordered. Foundation is a tribal health provider These self-governance provisions al- Mr. DORGAN. Mr. President, I ask which delivers health care under a self- lowed tribes to take over the respon- unanimous consent that the votes fol- governance compact with the IHS. sibilities for the delivery of health care lowing the first vote be 10-minute Our CEO of the Southcentral Founda- from the Federal Government. The bill votes, with 2 minutes equally divided tion is Katherine Gottlieb, an Aleut. that is before us today, the Indian for debate. She was the first Alaskan ever to win Health Care Improvement Act, will The PRESIDING OFFICER. Without the MacArthur Foundation Genius provide self-governance providers, such objection, it is so ordered. Award. She won that award for the pa- as Southcentral Foundation, with the Mr. DORGAN. Let me explain that tient-centered primary care initiative I tools and the flexibilities they need to the legislation, the Indian Health Care will describe for you. further expand these innovations. Improvement Act, does a number of The initiative itself has been dis- We know the bill, S. 1200, was not things. We have talked about the ur- cussed in professional journals ranging written in an ivory tower; it was writ- gency for it, but it expands cancer from the Journal of the American Med- ten primarily by Indian health care screenings, for example; it expands ical Association, the Family Practice providers, tribal leaders who know the monitoring and prevention programs Magazine published by the American challenges we face in improving the for communicable and infectious dis- Association of Family Physicians. It is health conditions of our Native people. eases; it expands recruitment and the subject of a case study published by The leaders of our Alaska Native de- scholarship programs for those nurses the Institute for Health Care Improve- livery system were key players in the and doctors who serve American Indi- ment in Boston, which is one of our Na- process of formulating this legislation. ans; it seeks to address the epidemic of tion’s foremost think tanks on health For me, it is truly an honor and a teenage suicides on some Indian res- care quality. privilege to be able to give voice to ervations; it enhances and expands the In 1977, when Southcentral Founda- their ideas in the Senate. It is my sin- current diabetes screening efforts; it tion began to take over primary care cere hope our colleagues today will tries to address the shortage of health delivery from the IHS, the average vote to bring the debate on this impor- care professionals; provides for home- delay to schedule a routine appoint- tant legislation to a close. and community-based services and hos- ment ranged from 4 weeks to several The process, as has been mentioned, pice care; also authorizes convenient months. The no-show rate was about 25 of drafting this legislation began back care services; and authorizes programs percent for appointments, and patients in 1999. It has moved through the In- to address domestic violence and sex- did not have any idea who their pri- dian Affairs Committee in so many dif- ual abuse. mary care provider was. In 1999, ferent years—I mentioned, under the In short, it is a piece of legislation Southcentral Foundation embarked on leadership of Senator Nighthorse that attempts to modernize the Indian a massive effort to redesign their sys- Campbell, Senator MCCAIN, Senator health care system that has been wait- tem. Thomas before his death, Senator DOR- ing to be reauthorized now for 8 years. Today, patients are guaranteed same- GAN, so many who have put so much So this is a piece of legislation that I day access to their own primary care time and effort into this very impor- think is going to make a difference in provider if they call by a certain point tant legislation. the lives of Americans who have ex- in the afternoon; they get to choose It is long time that Congress mod- pected and have been promised good their own primary care provider. They ernize the legislation which governs health care and have, for a long time, get to change their provider if they do the Indian health care delivery system not received it. not like the one they have chosen. Use in a way that promotes exactly this While we are waiting for colleagues of the emergency room and urgent care type of innovation I have spoken to who may wish to speak prior to 5:30, I for primary care is down 50 percent. that we have seen in Alaska. It is long ask unanimous consent to speak for 3 Use of specialists is down 50 percent. time that we give our Indian health minutes in morning business. Wait times have decreased across the care providers the tools they need in The PRESIDING OFFICER. Without system. their quest for excellence. objection, it is so ordered. I anticipate we will move this legis- Customer satisfaction, 91 percent of STRATEGIC PETROLEUM RESERVE customers rate their overall care favor- lation to final passage. It is something Mr. DORGAN. Tomorrow, we have a ably. That is pretty impressive. Staff that as I speak to my constituents hearing in the Senate Energy Com- satisfaction has improved immeas- back home and as we talk about those mittee that deals with the issue of the urably. This is a system where you issues that are most important to Strategic Petroleum Reserve, called have members of the medical team, the them, so much seems to come back to SPR, and the Administration’s oil fill doctors, the nurses, the physicians as- health care and how we are providing policies. In the 1970s, we have created a sistants, their technicians, and they all health care within the State of Alaska Strategic Petroleum Reserve to put oil come together, they all rely on one an- or around the Nation. underground to save it in case of a na- So passage of the Indian Health Care other. Everyone is expected to work at tional security concern. It would be for Improvement Act is long overdue. I the highest level allowed by their pro- an emergency so we would have some look forward to seeing the day the fessional license. that is saved and would be available to President will be able to enact these What we saw with this trans- take out of the underground caverns changes into law. formation of Southcentral Foundation and use it in these circumstances. This I yield the floor, and I suggest the ab- was it was not just achieved by throw- is the basis of our strategic petroleum sence of a quorum. ing more money at the problem, it was The PRESIDING OFFICER. The reserve. It is now almost 97 percent achieved by changing the values of the clerk will call the roll. filled. Over its 30-year lifetime, the system, from a staff-centered system The bill clerk proceeded to call the barrels that have been put into the to a patient-centered system that basi- roll. Strategic Petroleum Reserve have cally went from kind of a big and im- Mr. DORGAN. Mr. President, I ask averaged about a $27 a barrel. Yet, personable crank-them-through-the- unanimous consent that the order for right now, when oil is trading at $100 a process place—and these are the words the quorum call be rescinded. barrel and gasoline prices are going of the medical director, Doug Eby—to a The PRESIDING OFFICER. Without through the roof, we are putting 50,000 customer-owned-and-directed system objection, it is so ordered. to 60,000 barrels a day underground into which operates in accordance with Na- Mr. DORGAN. I ask unanimous con- the Strategic Petroleum Reserve that tive values, not necessarily bureau- sent that the vote sequence beginning is already almost 97 percent full. cratic principles. at 5:30 today be as follows: How are we doing that? Our Govern- That transformation began with the Cloture on the Dorgan-Murkowski ment carries that out through royalty- decision of Native leaders to exercise substitute amendment; DeMint amend- in-kind transfers. This oil is primarily their rights of self-governance under ment No. 4070; and DeMint amendment coming from the Gulf of Mexico the provisions of the Indian Self-Deter- No. 4073. through the drilling and the production

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1108 CONGRESSIONAL RECORD — SENATE February 25, 2008 that occurs there. We are receiving this wise would be 50,000 or 60,000 additional was a 62.3-percent increase in the num- oil in kind in lieu of royalties paid to barrels in the supply, you put upward ber of patients diagnosed with diabetes. the government for its production. So pressure on gasoline prices. That is es- Statistics for other tribes are simi- rather than put that oil into the supply pecially true if you take the subset of lar. Some include alarming incidences system, get the money for it, and re- sweet light crude coming from the Gulf of suicide, high infant mortality rates duce the Federal deficit, we are effec- of Mexico and stick it underground at and practically nonexistent mental tively sticking that money under- exactly the time it ought be to be in health care. ground in a hole. At a time when oil is the supply pipeline. Some in the Senate have suggested $100 a barrel and gas is $3 to $3.50 a gal- Tomorrow, we will have the oppor- that those tribes that have made lon, we are taking 50,000 to 60,000 bar- tunity to have a public discussion with progress with economic development rels a day and sticking it underground. the Department of Energy and rep- initiatives, specifically through gam- Is somebody missing a few tubes here? resentatives with other opinions. If ing, ought not be eligible for Indian I don’t understand it. The wiring must they don’t do what is, in my judgment, Health Care Services. I don’t agree. be wrong for people who think that is obvious, I intend to move my legisla- The tribe in my State should not be pe- the right thing to do. This is exactly tion forward. I have introduced this nalized for its modest economic suc- the wrong time to be sticking oil un- bill with about six cosponsors. I cer- cess. derground when oil is $100 a barrel. Yet tainly hope many others will join me The tribe is responsible for the safety I have tried very hard to get this to put the brakes on what the Depart- of not only its members but those who changed, and I have been unable to do ment of Energy is now doing. visit. It maintains roads, schools, so. It is completely counterintuitive to courts, law enforcement, fire fighting, We have a hearing tomorrow where anything one would expect that should housing, and other services we expect we have representatives coming from be done at a time when oil is bouncing from local and State governments. the Department of Energy as well as around at $100 a barrel and you have to It has a poverty rate of approxi- other witnesses. I will have an oppor- get a loan to gas up your car these mately 30 percent. Forty years ago tunity, if I am not here on the floor— days. My hope is we can get the De- there was a near 100 percent unemploy- and I hope I am not—to question them. partment of Energy to think straight ment rate of tribal members. I have recently introduced legisla- about this issue of putting oil under- There is no health care system near tion—S. 2598, the Strategic Petroleum ground in the SPR. the tribe that has the capacity to serve Reserve Fill Suspension and Consumer It felt good to say that because I tribal members. Even now, treatment Protection Act of 2008. I will try very have been thinking about it all week- facilities for dialysis, heart patients, hard to move this bill on anything that end. There is so much we need to do and serious medical conditions are 80 moves, especially a supplemental ap- that just represents a deep reservoir of miles away. propriations bill, to make sure we stop common sense. This is one of those I urge the Senate to support the In- this as soon as possible. steps. My hope is we will make some dian Health Care Improvement Act. I chair the Senate Energy and Water progress on it. I suggest the absence of a quorum. Appropriations Subcommittee that Mr. COCHRAN. Mr. President, I am The PRESIDING OFFICER. The funds the Department of Energy. When pleased to be a cosponsor of the Indian clerk will call the roll. I write my bill this spring, I will be Health Care Improvement Act. The bill clerk proceeded to call the able to put a provision that stops fill- Under the terms of many treaties and roll. ing the SPR in my bill. But that bill agreements, the U.S. Government has Mr. DORGAN. Mr. President, I ask likely won’t be effective until towards the responsibility to provide health unanimous consent that the order for the end of the year. By that time, they care and other benefits to Native the quorum call be rescinded. Americans. will have continued to put all of this The PRESIDING OFFICER. Without The Indian Health Care Service esti- oil underground to its full capacity and objection, it is so ordered. also boost the gas prices for the Amer- mates that it provides only about 60 ican driver. I don’t understand what percent of the health care that is need- CLOTURE MOTION they could be thinking. ed in Indian Country: an amount that The PRESIDING OFFICER. Under As a part of this fill policy, they are is less than half of what we spend on the previous order, pursuant to rule putting underground a dispropor- the health care needs of Federal pris- XXII, the Chair lays before the Senate tionate amount of sweet light crude. oners. Tribes with the resources, at- the pending cloture motion, which the That is a subset of the oil produced in tempt to make up the difference. In clerk will state. the U.S. We had testimony before a most cases, the result is inadequate to The legislative clerk read as follows: joint Energy and Government Affairs/ meet the needs of our Native American CLOTURE MOTION Homeland Committee hearing last year population. We, the undersigned Senators, in accord- by an expert, Dr. Phillip Verleger, who In my State, the Mississippi Band of ance with the provisions of rule XXII of the said that even the small amount of Choctaw Indians has made progress in Standing Rules of the Senate, hereby move sweet light crude they are putting un- improving its health care, and the to bring to a close debate on the Dorgan sub- derground is having a disproportionate overall health of its population, over stitute amendment No. 3899 to S. 1200, the In- the last 30 years. But, the sad fact is dian Health Care Improvement Act Amend- impact on the markets and may be in- ments. creasing the price of gasoline by 10 per- that health care on the reservation is Harry Reid, Russell D. Feingold, Kent cent. not adequate. Conrad, Richard Durbin, Amy If there are some wires crossed some- There are 9,600 members of the tribe Klobuchar, Patty Murray, Maria Cant- place, I urge the Department of Energy and there are only 4 doctors. Their well, Jon Tester, Jeff Bingaman, Carl to track those wires down and get small hospital has only 14 beds. Levin, Max Baucus, Byron L. Dorgan, them squared away. Let’s start think- Over the last 5 years, there has been Barbara Boxer, Dianne Feinstein, ing straight. Do not be sticking oil un- a 30.4-percent increase in the number of Debbie Stabenow, Ken Salazar, Daniel derground when oil is $100 a barrel. patients from the Mississippi Band of K. Akaka. That takes oil out of our supply. It Choctaw Indians who accessed the The PRESIDING OFFICER. By unan- means supply is diminished, even if it health care system. During that same imous consent, the mandatory quorum is a seemingly small amount as DOE time period there was a 41.4-percent in- call is waived. contends. It means the price goes up. crease in the number of ambulatory The question is, Is it the sense of the This is a classic supply-demand ques- visits. Senate that debate on amendment No. tion. All of us have studied economics. According to the Centers for Disease 3899, offered by the Senator from North I taught economics in college ever so Control, 7 percent of Americans have Dakota, Mr. DORGAN, to S. 1200, shall briefly. I was able to overcome that ex- diabetes. By comparison, 20.5 percent be brought to a close? perience, nonetheless. But we all un- of Choctaws have diabetes, one of the The yeas and nays are mandatory derstand the supply-demand relation- highest percentages of any tribe in the under the rule. ship. If you take oil out of what other- country. Over the last 5 years, there The clerk will call the roll.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1109 The bill clerk called the roll. amendment No. 4080 is not germane Bingaman Ensign McConnell Mr. DURBIN. I announce that the Bond Enzi Murkowski postcloture. Brown Feingold Murray Senator from Maryland (Mr. CARDIN), The PRESIDING OFFICER. The Brownback Graham Nelson (FL) the Senator from New York (Mrs. CLIN- point of order is sustained. The amend- Bunning Grassley Nelson (NE) TON), the Senator from Hawaii (Mr. ment falls. Burr Gregg Pryor Byrd Hagel Reid INOUYE), the Senator from Massachu- AMENDMENT NO. 4070 TO AMENDMENT NO. 3899 Cantwell Harkin Roberts setts (Mr. KERRY), the Senator from The PRESIDING OFFICER. Under Carper Hatch Rockefeller Louisiana (Ms. LANDRIEU), the Senator the previous order, there will now be 2 Casey Hutchison Salazar from Illinois (Mr. OBAMA), and the Sen- Chambliss Inhofe Sanders minutes of debate equally divided prior Coburn Isakson Sessions ator from Michigan (Ms. STABENOW) to a vote on amendment No. 4070 of- Cochran Johnson Shelby are necessarily absent. fered by the Senator from South Caro- Coleman Kerry Smith I further announce that, if present Collins Klobuchar Snowe lina, Mr. DEMINT. and voting, the Senator from Maryland Conrad Kohl Specter Who yields time? Corker Kyl Stevens (Mr. CARDIN) would vote ‘‘yea.’’ Mr. DEMINT. Mr. President, the un- Craig Leahy Sununu Mr. KYL. The following Senators are Crapo Levin Tester derlying Indian health care bill allows necessarily absent: the Senator from DeMint Lieberman Thune Federal funds to be used for certain Dodd Lincoln Vitter Tennessee (Mr. ALEXANDER), the Sen- health promotion activities which in- Dole Lugar Voinovich ator from North Carolina (Mr. BURR), clude injury prevention, personal safe- Domenici Martinez Webb the Senator from Texas (Mr. CORNYN), Dorgan McCaskill Wyden ty, and violence prevention. My amend- the Senator from Arizona (Mr. ment would simply say that none of NAYS—11 MCCAIN), the Senator from Virginia these funds in the bill may be used to Biden Kennedy Reed (Mr. WARNER), and the Senator from fund any firearm programs, gun Boxer Lautenberg Schumer Mississippi (Mr. WICKER). Durbin Menendez Whitehouse Further, if present and voting, the buyback programs, or programs aimed Feinstein Mikulski at discouraging or stigmatizing the pri- Senator from Tennessee (Mr. ALEX- NOT VOTING—11 vate ownership of firearms for col- ANDER) and the Senator from Texas lecting, hunting, or self-defense pur- Alexander Inouye Stabenow (Mr. CORNYN) would have voted ‘‘yea.’’ Cardin Landrieu Warner The PRESIDING OFFICER. Are there poses, which are important to the In- Clinton McCain Wicker any other Senators in the Chamber de- dian community. So that is my amend- Cornyn Obama siring to vote? ment. The amendment (No. 4070) was agreed The yeas and nays resulted—yeas 85, The PRESIDING OFFICER. The Sen- to. nays 2, as follows: ator from North Dakota is recognized. Mr. DORGAN. Mr. President, I move [Rollcall Vote No. 28 Leg.] Mr. DORGAN. Mr. President, I have to reconsider the vote, and I move to YEAS—85 no objection to the amendment. I know lay that motion on the table. of no cases in which Indian health Akaka Dorgan Menendez The motion to lay on the table was Allard Durbin Mikulski funds have been used for firearms pro- agreed to. Barrasso Ensign Murkowski grams. So I have no objection to the AMENDMENT NO. 4073 WITHDRAWN Baucus Enzi Murray amendment and intend to vote for it. The PRESIDING OFFICER. Under Bayh Feingold Nelson (FL) The PRESIDING OFFICER. The Bennett Feinstein Nelson (NE) the previous order, there will be 2 min- Biden Graham Pryor question is on agreeing to the amend- utes of debate equally divided prior to Bingaman Grassley Reed ment. Bond Gregg a vote in relation to amendment No. Reid Mr. DEMINT. Mr. President, I ask for Boxer Hagel 4073 offered by the Senator from South Roberts Brown Harkin the yeas and nays. Carolina, Mr. DEMINT. Brownback Hatch Rockefeller The PRESIDING OFFICER. Is there a Salazar Mr. DORGAN. Mr. President, on be- Bunning Hutchison sufficient second? There appears to be Byrd Inhofe Sanders half of the sponsor, I ask unanimous Cantwell Isakson Schumer a sufficient second. consent that amendment No. 4073 be Carper Johnson Sessions The clerk will call the roll. withdrawn. Casey Kennedy Shelby The legislative clerk called the roll. Chambliss Klobuchar Smith The PRESIDING OFFICER. Is there Coburn Kohl Snowe Mr. DURBIN. I announce that the objection? Cochran Kyl Specter Senator from Maryland (Mr. CARDIN), Without objection, it is so ordered. Coleman Lautenberg Stevens the Senator from New York (Mrs. CLIN- Mr. DORGAN. Mr. President, I sug- Collins Leahy Sununu TON), the Senator from Hawaii (Mr. Conrad Levin Tester gest the absence of a quorum. INOUYE), the Senator from Louisiana Corker Lieberman Thune The PRESIDING OFFICER. The Craig Lincoln Voinovich (Ms. LANDRIEU), the Senator from Illi- clerk will call the roll. Crapo Lugar Webb nois (Mr. OBAMA), and the Senator Dodd The assistant legislative clerk pro- Martinez Whitehouse Dole McCaskill from Michigan (Ms. STABENOW) are nec- ceeded to call the roll. Wyden Domenici McConnell essarily absent. Mr. DORGAN. Mr. President, I ask NAYS—2 Mr. KYL. The following Senators are unanimous consent that the order for necessarily absent: the Senator from DeMint Vitter the quorum call be rescinded. Tennessee (Mr. ALEXANDER), the Sen- The PRESIDING OFFICER. Without NOT VOTING—13 ator from Texas (Mr. CORNYN), the Sen- objection, it is so ordered. Alexander Inouye Stabenow ator from Arizona (Mr. MCCAIN), the Mr. DORGAN. Mr. President, with Burr Kerry Warner Senator from Virginia (Mr. WARNER), Cardin Landrieu Wicker the withdrawal of the last amendment, Clinton McCain and the Senator from Mississippi (Mr. there will be no further votes tonight. Cornyn Obama WICKER). My understanding is the next vote The PRESIDING OFFICER. On this Further, if present and voting, the starts at 10 tomorrow morning. The vote, the yeas are 85, the nays are 2. Senator from Tennessee (Mr. ALEX- withdrawal of the second amendment Three-fifths of the Senators duly cho- ANDER) and the Senator from Texas on which we were going to have a re- sen and sworn having voted in the af- (Mr. CORNYN) would have voted ‘‘yea.’’ corded vote means there will be no fur- firmative, the motion is agreed to. The PRESIDING OFFICER (Mr. ther recorded votes necessary this Mr. DORGAN. Mr. President, I move SANDERS). Are there any other Sen- evening. to reconsider the vote, and I move to ators in the Chamber desiring to vote? Mr. REID. Mr. President, the only lay that motion on the table. The result was announced—yeas 78, question is, I have not had a chance to The motion to lay on the table was nays 11, as follows: confer with my distinguished Repub- agreed to. [Rollcall Vote No. 29 Leg.] lican colleague, Senator MCCONNELL. AMENDMENT NO. 4080 YEAS—78 We will make a decision as to what Mr. DORGAN. Mr. President, I make Akaka Barrasso Bayh time we should start in the morning. a point of order that the DeMint Allard Baucus Bennett There is a lot of committee business

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1110 CONGRESSIONAL RECORD — SENATE February 25, 2008 going on, and I want to visit with Sen- of work and compromise by the Indian to grow and to flow to every area that ator MCCONNELL first. Health Services and tribes after Con- needs them. But then again, that is an Mr. DORGAN. Mr. President, I sug- gress recognized the need to create a appropriations issue and not an author- gest the absence of a quorum. more equitable facilities construction ization issue, the business before us. The PRESIDING OFFICER. The system. I have already written to the admin- clerk will call the roll. This approach is supported by tribes istration in support of increased IHS The assistant legislative clerk pro- and area health boards that cover IHS funding, and I intend to follow up on ceeded to call the roll. areas representing over 400 of the 562 that request with the Appropriations Mr. SMITH. Mr. President, I ask federally recognized tribes that are Committee. I am hopeful that request unanimous consent that the order for based in 39 States. For Members and will be met and that some of those the quorum call be rescinded. staff currently listening to my floor funds would make their way to the 43 The PRESIDING OFFICER. Without statement, allow me to read a list of tribes in the Pacific Northwest or to objection, it is so ordered. the States where IHS areas want the the 25 tribes in the Nashville IHS area AMENDMENT NO. 3897 type of flexibility provided by my or the 40 tribes in the Oklahoma IHS Mr. SMITH. Mr. President, I rise amendment. To my colleagues in the area or the 109 tribes in the California today to speak in favor of my amend- Senate, if they have the privilege of IHS area, among others across the Na- ment No. 3897. The amendment is co- representing Native Americans, I hope tion. My amendment preserves that sponsored by Senators CANTWELL, MUR- they will listen to find out if their possibility for every State and every RAY, CRAPO, and WYDEN. It clarifies State is mentioned because, right now, Native American in Indian Country. section 301(F) of the Indian health bill if they are mentioned, they are not On numerous occasions, Chairman regarding innovative approaches to getting any construction dollars. It is DORGAN has invoked the words of Chief funding Indian Health Services facili- that simple. Joseph, who said: ‘‘Good words do not ties construction. The Nashville area, which serves 28 last long unless they amount to some- The amendment would allow those States, includes these States: Maine, thing.’’ Chief Joseph said those words innovative approaches to include an Pennsylvania, Virginia, West Virginia, after being chased by the U.S. Cavalry area distribution fund. Such a fund New Hampshire, Vermont, Maryland, out of the Wallowa Valley of Oregon, would allow the IHS to take a portion Ohio, Massachusetts, Rhode Island, through the States of Washington, of facility construction dollars and Connecticut, North Carolina, South Idaho, Wyoming, and Montana toward cede that money to all 12 IHS areas Carolina, New York, New Jersey, Dela- Canada. Chief Joseph also rightfully throughout the country. ware, Kentucky, Indiana, Tennessee, said: ‘‘I am tired of talk that comes to To be clear, my amendment neither Georgia, Florida, Alabama, Illinois, nothing.’’ creates an area distribution fund nor Missouri, Arkansas, Louisiana, Texas, I feel the same way. Eight years ago, does it require the IHS to do so; rather, and Mississippi. Then the Bemidji area Congress asked IHS and the tribes to we are simply giving IHS the authority which serves three States: Minnesota, revise the failed system for allocating to do what is needed to bring equity to Wisconsin, and Michigan; the Alaska- facilities funding. The compromise the system. California areas which serve those they reached may amount to nothing Currently, the vast majority of Fed- States; the Oklahoma area which without my amendment. That is why I eral funding for construction and mod- serves Oklahoma and Kansas; the Port- feel so strongly about this issue. It is ernization of tribal health care facili- land area which serves Oregon, Wash- not just about one region or a group of ties goes to tribes in less than 10 ington, and Idaho. Additionally, many regions, this amendment is about hold- States. In fact, my home State of Or- tribes in Nevada also support this ing true to the government-to-govern- egon, among many other States, has amendment. ment relationship the United States never received funds to build an Indian The State of the Presiding Officer holds with all tribes. Health Services hospital. This is a was mentioned, and so was mine. Mr. I ask my fellow colleagues to support function of the current flawed con- President, you are getting no construc- this amendment to ensure that all Na- struction formula and of the regret- tion dollars because of the way this is tive American Indians receive the tably low levels of funding for IHS, par- managed. health care they need—the health care ticularly its facilities construction Last May, during an Indian Affairs they deserve. budget. Committee meeting, we were doing a I yield the floor. These two wrongs, however, do not markup on the Indian Health Care Im- The PRESIDING OFFICER. The Sen- make a right. To correct this, it will provement Act. I filed a much more ator from North Dakota. take a two-part process: one part to in- prescriptive amendment which would Mr. DORGAN. Mr. President, let me crease funding for IHS and its con- have mandated funds for the area dis- very briefly say that I understand the struction budget, but this is an appro- tribution fund. I withdrew that amend- point Senator SMITH is making. There priations issue. Another is to amend ment in good faith because I wanted to is not enough money for the facilities the language in the Indian health bill work with the chairman and the vice in these programs. There is a $3 billion to create some level of parity in the chair and my other colleagues to find a backlog for facilities. I am not able to way IHS funds construction projects, win-win compromise on this issue. support his amendment, however, and and that is an authorizing issue. Since then tribes have put in hundreds the difficulty is to create an area-wide As we debate today about the author- of hours of work to find a compromise distribution fund right this moment, at ization of health care funding, I stand that could benefit all of Indian coun- a time when we have a priority list and here to represent all the tribes that do try. I have since scaled back my origi- some tribes have been waiting on that not have access to funding to improve nal amendment to reflect and recog- priority list for a long period of time or build health care facilities because nize this compromise between the ma- for the construction that was to begin of an archaic formula. If tribes do not jority of the IHS areas. in their area. I think that would be the have access, no amount of appropria- Unfortunately, my efforts to reach a wrong approach. tions will make a difference. We have compromise before floor action were But I do think we ought to, in a more to create the access, and my amend- not successful. Yet I believe this issue comprehensive way, on the Indian Af- ment would do just that. Again, it is better left to the Indian Health Serv- fairs Committee, with the help of Sen- would authorize, not require, the IHS ices than Members of Congress. That is ator SMITH and Senator MURKOWSKI to use an area distribution fund. why my amendment would simply give and my colleagues, we ought to try to The amendment would not rob one them the flexibility to work this out work through this to figure out how we IHS area to pay for another. It simply on their own in consultation with the do a better job of getting the funding allows other tribes across the Nation tribes. Opposition to my amendment is for the construction that is necessary. to also be eligible for funding. This based on the notion that IHS funds will I have been to so many facilities that area distribution fund is not the idea of remain at the slow drip they are now are terrible facilities in terrible dis- a single Senator or a single region of for the foreseeable future. I wish to repair, and they are desperately in the country. It is the product of years change that. I want IHS facility funds need of reform and change and new

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1111 construction, and we have to get about Mr. REED. Mr. President, I ask unan- Now, Boey Byers was, in her words, a the business of doing it. But I regret I imous consent to speak as in morning warrior against cancer, and I was very can’t support this amendment. He is business and also to engage in a col- saddened to learn she has recently raising the right question, just pro- loquy with my colleague from Oregon. passed way. A few months ago, I had viding the wrong solution, in my judg- The PRESIDING OFFICER. Without the privilege of speaking with Boey ment. objection, it is so ordered. over the phone. She was full of life and The PRESIDING OFFICER. The Sen- CHILDHOOD CANCER spirit and struck me as very polite, ator from Alaska. Mr. REED. Mr. President, I initially poised, and wise beyond her years. I Ms. MURKOWSKI. Mr. President, wish to make a few comments, and wanted to thank Boey for all she was while we are waiting, I wish to make a then I will yield to my colleague from doing to try to help other kids with few brief comments in reference to the Oregon. Today, I rise to honor two cancer. Her passion in life was to find amendment Senator SMITH has intro- young heroes and their families. Ben a cure for her warrior friends, as she duced regarding the area distribution Haight of Rhode Island and Boey Byers called them, so they didn’t have to suf- fund. of Oregon were two remarkable young fer anymore and so they could live out Coming from the State of Alaska, I people whose lives were cut short by their dreams and contribute to this do support Senator SMITH’s amend- cancer, but whose hopes were not. great country. ment, as we believe it will enable more Of course, when a child has cancer, it We must remember there are thou- Indian tribes to build the facilities and deeply affects the parents, siblings, sands of children like Ben and Boey to address the inequities currently in friends, and extended family. In fact, a across the country. Each year, there the system. We recognize it has been pediatric illness affects the entire fam- are about 9,500 new cases of pediatric under review, having been looked at for ily. Even those who don’t bear the cancer, the leading cause of death by revision for years, but I think it is damage of the illness bear the pres- disease among children in the United time to do something to create im- sures, the strains, and the frustrations States. While the incidence of cancer provements to the system to get more over dealing with the serious illness of in children is increasing, the causes are facilities for the tribes. a child. These two young children were largely unknown. Now, we recognize that funding is at extraordinary. We mourn their loss and The National Cancer Institute—the the crux of this, but Senator SMITH’s at the same time we celebrate their NCI—currently spends about $170 mil- amendment does not mandate that the lives. lion a year on pediatric cancer re- Secretary create this system. It says if Ben Haight was only 4 years old when search, but most of the money goes to- funding is available, that opportunity he was diagnosed with neuroblastoma. ward laboratory research and pre- exists. Furthermore—and I think this He fought valiantly, enduring chemo- clinical testing. While it is important goes to the concern many have—that therapy, two bone marrow transplants, to test treatments in a test tube, Petri within the current priority system, if and total body radiation. Ben did not dish, or on animals, it is equally impor- there is a change, somehow or other let cancer stop him from living life. I tant to test treatments on humans in those who have made their way up to am told he would dictate his treatment clinical trials. the top will somehow be displaced. We schedules to his doctors: ‘‘No treat- For example, a recent clinical trial understand it doesn’t impact the cur- ments during science class; have to be found that for children with neuro- rent health care facilities priority sys- out by 3 to go to Cub Scouts, baseball blastoma, less intensive chemotherapy tem. What we are attempting to do or soccer.’’ is as effective as more intensive and with this amendment is to enhance Even at a young age, Ben knew a lot toxic chemotherapy. that system. about what was important in life. He In 2002, an NCI peer review group of I appreciate Senator SMITH working cared about others and wanted to help. scientists recommended about $50 mil- with the committee, with the tribes, He held a bandaid drive at school to do- lion in funding for pediatric cancer and with our colleagues on this issue. nate colorful bandaids to the hospital, clinical trials. That level was never It is a very important issue, as Senator which used plain bandaids to save funded, and since then it has been cut, DORGAN has noted. So I do stand in sup- money. Ben knew that patients en- despite biomedical inflation and the in- port of Senator SMITH. joyed picking out a ‘‘cool’’ bandaid and creasing incidence of childhood cancer. With that, I yield the floor. that this simple pleasure offered them Unfortunately, declining funding has The PRESIDING OFFICER. The Sen- a brief respite from the rigors of their stopped promising clinical trials. Pedi- ator from North Dakota. disease. atric cancer researchers expect only Mr. DORGAN. Mr. President, we were Ben’s cancer went into remission, but flat funding for clinical trials this expecting to clear two unanimous con- after 2 years it came back. The doctors year. sent requests, but I am told that, at gave him 3 months to live, but he was We can do better. The Conquer Child- the moment, the minority side has yet tough. He fought for 2 more years. Ben hood Cancer Act invests $30 million a to clear them. If we are not able to was 9 years old when he died. year to expand pediatric cancer re- clear them at the moment, perhaps we I never had a chance to meet Ben, search and develop pediatric cancer will be able to clear them first thing in but I have had the honor of meeting his clinical investigators. The bill also cre- the morning before we go to the votes wonderful family. His family has ates a national childhood cancer reg- that will be scheduled tomorrow. turned the tragedy of losing their son istry to track pediatric cancer. Re- I think we are at a point where we into a message of hope for other fami- searchers would be able to contact pa- have about two or three votes remain- lies. tients within weeks, enroll them in re- ing and then final passage tomorrow. Just before Ben died, he and his fam- search studies, and follow up with And that should occur probably close ily enjoyed a special activity to- them over time. Similar registries are to midday, which will be a pretty gether—swimming with dolphins. Now, already in place in Europe. If Europe happy occasion for a lot of folks who the Haight family’s mission is to do all can do it, we can do it, and we should have waited a long time for this legis- they can to fight cancer and to provide do it. lation to pass the Senate. one child a year with the opportunity This bill awaits action by the full I know a couple of my colleagues are to swim with dolphins. Senate. It recently reached a signifi- waiting to do a colloquy, so if we are I think there is a sort of symbolic cant milestone, garnering its 51st co- not yet cleared, I think we will try to link here between his family and these sponsor. So even before any vote, we clear both these unanimous consent re- dolphins. His father was a career en- know for sure a majority of the Senate quests tomorrow morning. Our col- listed man in the U.S. Navy, a chief in supports the bill. It has broad bipar- leagues, I believe, are not on this sub- our submarine service. Of course, sub- tisan support, with 14 Republican co- ject, so at this point I will defer and we marines use the dolphins as the symbol sponsors and the support of both the will come back to this tomorrow morn- of their service branch. This is a family majority and minority leaders. ing. who has served the Nation in uniform Regrettably, a small minority is I yield the floor. and who continues to serve the Nation blocking this bill, and I call on the The PRESIDING OFFICER. The Sen- by fighting hard for other families who Senate to carry out the will of the ma- ator from Rhode Island. are afflicted by childhood cancer. jority and pass the bill. It is my hope

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1112 CONGRESSIONAL RECORD — SENATE February 25, 2008 that in doing so we will intensify our For purposes of this evening, I want- is one day the President in the White fight against childhood cancer, so that ed to get a sense from my colleague of House is going to sign this bill. She one day the hopes of Ben and Boey, and what else he felt we ought to be trying will be there, and Ben will be there in thousands of children like them, will to do to pass this important legislation spirit because they are the warriors, be realized. and get it on its way to the President. and the young men and women who are Mr. President, I yield now for the Mr. REED. I thank the Senator. One helping us in our mission. purpose of a colloquy with my col- of the things we are doing this evening So that is my hope. I think we can do league from Oregon. is once again highlighting the critical that. We are going to try. If it is be- The PRESIDING OFFICER. The Sen- importance of this legislation, the im- cause we have not been as explicit or as ator from Oregon. pact it would make in the lives of chil- communicative as we should have been Mr. WYDEN. Mr. President, first, I dren and families across the country. with all of our colleagues, that is some- wish to commend my friend from And your voice is a strong voice for not thing we will correct very quickly. Rhode Island for persistently and ener- only this legislation but for issues af- Mr. WYDEN. I will do everything I getically prosecuting this cause, be- fecting health care and children in this can to help. I think the Senator has cause having gotten to know Boey at country. said it well. In a sense, his work ac- home and visiting her in the hospital, I I think we are picking up speed, but knowledges something we all see every think all of us will understand it is we need the cooperation of virtually all time we are home, and that is that hard to conceive of anything more of our colleagues, not to pass the bill— health care has always been the biggest tragic than seeing a young person’s life we have 51 votes—but to get it on the issue here at home. claimed by cancer. floor. That is not something unusual The Senator from Rhode Island is Senator REED has been educating the here in the Senate. But I think this is someone I admire in so many areas, re- Senate on this issue of importance, of the type of legislation that should not lating to international affairs, with research of this disease. I got to know be caught up in the kind of procedural great expertise, and obviously there Boey, and that is why I am glad he re- rules that we all use. are many pressing concerns around the ferred to her as a warrior. I would just I am going to try to reach out and ex- world. But the reality is, here at home, tell my colleagues that if Boey had plain personally what is at stake, how if our loved ones and our families do been an elected official, she would have we have tried to make changes, how we not have their health, it is hard to do been the chair of the Warrior Caucus have pursued a bipartisan approach. I anything else. I know in the case of because this very young child really hope we can be persuasive enough to Boey and the wonderful family, Rob did not know how to rest in the effort get this legislation on the floor for a and Rachel and her brothers, they were to try to get this legislation passed and vote. I do not think the opposition, consumed by this. They all threw ev- to help our youngsters. erything they had into trying to be When she was taken from us, she had frankly, is the concept and the mechanisms we are talking about. Certainly there to comfort Boey, to get her the battled cancer not once but twice. The treatment she needed. So we ought to first time, she had beaten her cancer it is not opposition to helping families and children who have cancer. I think do this for the kids, and we ought to do into remission. She lost her second bat- this for the families. There are a lot of tle, but she simply never rested. The it is caught up in other issues. We would like to disentangle those issues other issues we will be tackling both in day that I saw her last in the hospital, health care and around the Senate what we spent our time on was Boey and focus on what we can for children who have cancer. schedule. This is something we ought and I walking down the halls with Boey to do now. trying to cheer up the other youngsters I think that is one of Boey’s works. Mr. WYDEN. One of her many, and Mr. REED. I agree. I think it is some- who were at the hospital. She put aside thing we can do. The effort is to bring her own pain and fear that cancer you can see her enthusiasm literally popping out of the drawing. She was an people together and move from 51 to 61 would claim her life because she want- to 71 to 100. I think we can. ed to be, as Senator REED has noted so incredibly passionate woman. You have stated it well. I know of no Members of Mr. WYDEN. Well said. eloquently, a warrior for all of the Mr. REED. We have begun in earnest the Senate who get up in the morning other children who have been suffering. months ago, and we are picking up the and say they want to be hostile to chil- I am pleased to be out here with Sen- pace. I thank the Senator for his wise dren who are suffering this way. I ator REED. I think this is another ex- and kind words. ample of the entire country coming to- think a piece of legislation such as this I yield the floor. gether to try to stand up for these kids. gets lost in the clutter of the Senate The PRESIDING OFFICER. The Sen- As Senator REED has noted, when can- calendar and the business of the Sen- ator from Kansas. cer strikes, it strikes a whole family. ate. Mr. BROWNBACK. Mr. President, I That was the certainly the case with All of us have staffers who handle ask consent to speak for 10 minutes in Boey. Her loving parents, Rob and Ra- health legislation and staffers who are support of the Vitter amendment. I be- chel, her older brothers, Chris and serving as legislative directors. I think lieve there is a time agreement for 30 Joe—all of us have continued to think for purposes of tonight, particularly minutes on each side of the Vitter about Boey and all she did to brighten given your eloquent remarks, I hope amendment. our lives and particularly stand up for the phone will ring off the hook in your The PRESIDING OFFICER. Without our children. office tomorrow with Senators and objection, it is so ordered. So for purposes of this evening, I sim- staffers calling and making clear they Mr. BROWNBACK. Mr. President, if ply wanted to ask my friend one ques- want to know more about this legisla- my colleagues need to interrupt, I tion. This Senate can certainly have tion and hopefully be cosponsors so we would be happy to yield to them. spirited debates about a lot of issues. can get it passed. I yield to the Senator from North Da- Senators can have differences of opin- Mr. REED. I am encouraged also. It kota. ion on a variety of questions, and we is incumbent upon supporters like my- Mr. DORGAN. I ask unanimous con- come from different parts of the land. self and yourself to begin to reach out, sent that the vote sequence with re- The Senator from Rhode Island rep- which I think we are both committed spect to S. 1200 tomorrow be as follows: resents a State 3,000 miles from mine to doing, and doing it personally to try Vitter amendment No. 3896, Smith where Boey lives. But I am still trou- to get through. I think my sense is a amendment No. 3897, DeMint amend- bled why the Senate cannot come to- lot like yours. It is not an issue that ment No. 4015, DeMint amendment gether and pass this legislation. I think people are objecting to; it is caught up 4066, and final passage of S. 1200; fur- Senator REED has made the case and in bigger issues. And sometimes we ther, that the cloture motion with re- made it well. He has clearly reached just have to step back and understand spect to S. 1200 be withdrawn, with no out to colleagues on both sides of the that the big issues will still be there debate time in order except for 2 min- aisle. Surely, there should be nothing and the points can still be made, but utes prior to each vote; that after the partisan about legislation such as this we can get this bill done. first vote, vote time be limited to 10 that will be so meaningful to children I noticed the warriors in Boey’s minutes each; all other provisions of and their families. drawing at the White House. My hope the previous order remaining in effect.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1113 The PRESIDING OFFICER. Without partment of Justice, in consultation with In- cause while we have a contentious de- objection, it is so ordered. dian Tribes and Tribal Organizations, and in bate about abortion in the United Mr. DORGAN. Mr. President, I fur- conference with Urban Indian Organizations, States, the level of the contention of ther ask unanimous consent that on shall develop standardized sexual assault the debate is much lower regarding policies and protocol for the facilities of the taxpayer funding of abortion when it Tuesday, February 26, upon disposition Service. of S. 1200, there be a period of morning involves anything other than rape, in- AMENDMENT NO. 4021 business until 12:30 p.m., with Senators cest, life of the mother. That has gen- permitted to speak therein, with the (Purpose: To require a study of tribal justice erally been agreed to in this body, that systems) time equally divided and controlled be- we should not use taxpayer money in tween the two leaders or their des- On page 347, after line 24, add the fol- those particular situations. lowing: ignees, with Senator FEINGOLD control- What the Vitter amendment does is SEC. 104. GAO STUDY OF TRIBAL JUSTICE SYS- take that particular provision and puts ling 20 minutes of the majority time, if TEMS. available; that at 2:30 p.m., there be 20 it in the Indian health care bill and (a) IN GENERAL.—Not later than 1 year says that we should not fund abortions minutes of debate prior to a vote on after the date of enactment of this Act, the the motion to invoke cloture on the Comptroller General of the United States through the Indian health care provi- motion to proceed to S. 2633, with the shall conduct, and submit to Congress a re- sions or Indian health care facilities time divided and controlled between port describing the results of, a study of the other than in cases of rape, incest, or the leaders, with the majority leader tribal justice systems of Indian tribes lo- the health of the mother. Federal tax- controlling the final 10 minutes prior cated in the States of North Dakota and payer dollars should not be used. Most South Dakota. to the vote; that upon the use of that people agree. They may be pro-choice, (b) INCLUSIONS.—The study under sub- they may be pro-life, but they are say- time, the Senate then vote on the mo- section (a) shall include, with respect to the tion to invoke cloture on the motion to ing still—most people in this country tribal system of each Indian tribe described do not want their Federal taxpayer dol- proceed to S. 2633, with other provi- in subsection (a) and the tribal justice sys- sions of the previous order remaining tem as a whole— lars used for this purpose. And what we are doing in this particular provision is in effect. (1)(A) a description of how the tribal jus- My understanding is that this has tice systems function, or are supposed to codifying within the Indian Health been cleared on both sides. function; and Care Improvement Act this provision. The PRESIDING OFFICER. Without (B) a description of the components of the The Hyde amendment is normally put tribal justice systems, such as tribal trial in the Labor-HHS appropriations bill. objection, it is so ordered. courts, courts of appeal, applicable tribal Mr. DORGAN. Mr. President, let me It has typically not been put within law, judges, qualifications of judges, the se- the Interior appropriations bill where do one small piece of business with the lection and removal of judges, turnover of bill before the Senator from Kansas judges, the creation of precedent, the record- Indian health care is normally funded. Indian health care legislation being proceeds. ing of precedent, the jurisdictional authority of the tribal court system, and the separa- an authorizing piece of legislation, I AMENDMENTS NOS. 4019, AS MODIFIED, AND 4021 think it is important that we codify TO AMENDMENT NO. 3899 tion of powers between the tribal court system, the tribal council, and the head of the this particular provision. This will be a Senator MURKOWSKI and I wish to tribal government; key vote. It will be a key vote on peo- have considered two unanimous con- (2) a review of the origins of the tribal jus- ple’s views toward taxpayer funding of sent requests that were originally to tice systems, such as the development of the these types of abortions other than in have been included in the previous systems pursuant to the Act of June 18, 1934 cases of rape, incest and the life of the unanimous consent by which we con- (25 U.S.C. 461 et seq.) (commonly known as mother. I would hope that most of our the ‘‘Indian Reorganization Act’’), which ducted business today. One is amend- colleagues would say, even if they are ment No. 4021, and one is amendment promoted tribal constitutions and addressed the tribal court system; pro-choice: Well, I do not think that is No. 4019, as modified. something we should be doing with I send both amendments to the desk (3) an analysis of the weaknesses of the tribal justice systems, including the ade- Federal taxpayer dollars. I would hope and ask that they be considered en bloc quacy of law enforcement personnel and de- a number of people would look and say: and agreed to. tention facilities, in particular in relation to This is such a contentious debate and The PRESIDING OFFICER. Without crime rates; and so many people in the country do not objection, it is so ordered. (4) an analysis of the measures that tribal agree with abortion and particularly do The amendments (No. 4019, as modi- officials suggest could be carried out to im- not want their dollars, their taxpayer fied, and 4021) were agreed to, as fol- prove the tribal justice systems, including dollars used to fund selective abor- lows: an analysis of how Federal law could improve and stabilize the tribal court system. tions, that people say: Okay, you are AMENDMENT NO. 4019, AS MODIFIED The PRESIDING OFFICER. The Sen- right, an individual may be pro-choice, On page 298, after line 25, insert the fol- ator from Kansas. but I do not think we ought to do that lowing: in this particular situation, and would AMENDMENT NO. 3896 ‘‘SEC. 71l. TESTIMONY BY SERVICE EMPLOYEES then vote for the Vitter amendment. IN CASES OF RAPE AND SEXUAL AS- Mr. BROWNBACK. I rise to discuss SAULT. It is very carefully drafted. It is nar- the Vitter amendment to the Indian rowly cast. It is a policy issue where ‘‘(a) APPROVAL BY DIRECTOR.— Health Care Improvement Act No. 3896. ‘‘(1) IN GENERAL.—The Director shall ap- there has been agreement between the prove or disapprove, in writing, any request It is an important amendment. I am a House, the Senate, and the President. or subpoena for a sexual assault nurse exam- cosponsor. There has been agreement on the Hyde iner employed by the Service to provide tes- I want to give a bit of outline on this amendment provision for over 20 years, timony in a deposition, trial, or other simi- provision. This codified within the In- particularly cast on this contentious lar proceeding regarding information ob- dian Health Care Improvement Act a issue. tained in carrying out the official duties of provision that is referred to as the the nurse examiner. That is why I hope colleagues will Hyde amendment that has been public look at this carefully and say: I have ‘‘(2) REQUIREMENT.—The Director shall ap- law for some 25 years. Congressman prove a request or subpoena under paragraph supported Hyde amendment-type lan- (1) if the request or subpoena does not vio- Henry Hyde, whom both the Presiding guage in the past. This makes sense. It late the policy of the Department to main- Officer and myself served with in the is a commonsense provision. tain strict impartiality with respect to pri- House of Representatives, who passed I hope my colleagues will support the vate causes of action. away last year, was a giant on the Vitter amendment because of this par- ‘‘(3) TREATMENT.—If the Director fails to issue, bringing the issue of life to the ticular provision and will agree that it approve or disapprove a request or subpoena Congress, to the country. makes sense to them as well. by the date that is 30 days after the date of The so-called Hyde amendment pro- Overall, it is a contentious issue, but receipt of the request or subpoena, the re- hibits taxpayer funding for abortions this particular provision should not be. quest or subpoena shall be considered to be approved for purposes of this subsection. other than in case of rape, incest, and I urge my colleagues to look at it care- ‘‘(b) POLICIES AND PROTOCOL.—The Direc- the life of the mother. This is a provi- fully and see if they could not support tor, in coordination with the Director of the sion which has really not been con- the Vitter amendment. I strongly urge Office on Violence Against Women of the De- tested for some period of the time be- its passage.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1114 CONGRESSIONAL RECORD — SENATE February 25, 2008 I ask unanimous consent that any future HHS appropriations bills de- ‘‘Negro History Week’’ later evolved time I did not use be kept on the Vitter pends upon a host of political and legis- into Black History Month, a celebra- amendment. lative contingencies which can shift tion of the people, history, culture, and I yield the floor and suggest the ab- suddenly and unpredictably. contributions of persons with African sence of a quorum. This amendment would extend and heritage. The PRESIDING OFFICER. Without codify good policy—policy that pro- In part because of Black History objection, it is so ordered. tects the vulnerable rather than re- Month, many are familiar with promi- The clerk will call the roll. stricting rights. The Federal Register nent African Americans who have The assistant legislative clerk pro- contains scores of national policies changed the course of history: Martin ceeded to call the roll. that are in place to protect women, Luther King, Jr., and Rosa Parks were Mr. THUNE. Mr. President, I ask young children, and citizens of minor- at the forefront of the civil rights unanimous consent that the order for ity status from harm. movement, Shirley Chisholm was the the quorum call be rescinded. Abortion is a practice that can harm first African-American woman elected The PRESIDING OFFICER. Without women physically, emotionally, and to Congress, and Jackie Robinson was objection, it is so ordered. spiritually. Statistics clearly dem- the first African American to play Mr. THUNE. Mr. President, I am onstrate that abortion in this country major league baseball. But let’s not pleased we are making headway and falls disproportionately on minority overlook people such as the Golden are approaching finality and conclu- populations, including Native Ameri- Thirteen, the first African Americans sion in regard to the Indian Health cans. to receive officer’s training by the U.S. Care Improvement Act. I give great By supporting this amendment, we Navy. credit to Senator DORGAN from North affirm life. As a nation we have come a At the Great Lakes Naval Training Dakota and Senator MURKOWSKI from long way in protecting the unborn Station in my home State of Illinois, Alaska for their persistence in working since the Supreme Court’s decision in these young men worked and studied with the leaders on both sides to get Roe v. Wade. However, we still have a together for the comprehensive exam this legislation moved and ultimately long way to go in the fight to protect that would allow them entry into Offi- adopted. life in this country. I believe there is cer Candidate School. Not only did It has been a long time since we have an essential human dignity attached to they pass the exam and go on to be- had the Indian Health Care Improve- all persons, including the unborn, and I come commissioned officers in the ment Act reauthorized. I think it goes will continue working with my col- Navy, they earned the highest grades ever recorded in Navy history. In fact, back to about 2001. So this is a long leagues in the Congress to promote a their record has yet to be broken. overdue step toward attempting to im- culture of life in this Nation. Though they were often denied the prove health care throughout Indian As a cosponsor of this amendment, I privilege and respect afforded White Country, and I applaud the work that offer my strong support of amendment naval officers, they served with distinc- has been done. I hope tomorrow we can No. 3896, and I urge my colleagues to tion in World War II and knocked down dispose of the final amendments that support it. the walls of Jim Crow in the process. remain and get to a final vote on this I hope when the vote comes up to- legislation so we can begin to address Illinois, in fact, has produced some of morrow, we will have a good, strong bi- the greatest contributors to Black his- what are some very serious needs re- partisan vote in support of this amend- garding Indian Country and health tory, including jazz musician Miles ment. Davis, Olympic track and field runner care. Mr. President, I see the majority I wish to specifically acknowledge a Jackie Joyner Kersee, famed composer leader has come on the floor. I yield to Quincy Jones, and countless others. Il- couple of amendments—one that is still him at this time. I assume he has some pending and one that has been adopted. linois also has the unique distinction of business to dispose of. electing two of the five African Ameri- AMENDMENT NO. 3896 The PRESIDING OFFICER. The ma- cans who have served in the U.S. Sen- First, Mr. President, I wish to speak jority leader is recognized. ate: our very own Senator BARACK to the Vitter amendment, which is Mr. REID. Mr. President, I very OBAMA and former Senator Carol going to be voted on tomorrow. If much thank my distinguished friend Moseley-Braun. adopted, this amendment would codify from the State of South Dakota who During the past 400 years, against all longstanding policy against the fund- has, certainly, intimate knowledge of odds and in spite of numerous road- ing of abortions with Federal Indian Native Americans. His State, I think, blocks, African Americans have woven Health Service funds. has one of the largest reservations in themselves into the fabric of this coun- Senator VITTER’s amendment would the country and one of the poorest all try. Through academics, government, permanently apply to the IHS the pol- at the same time. music, art, food, sports, America would icy set forth by the Hyde amendment, f not be what she is without the con- which prohibits the Federal funding of MORNING BUSINESS tributions of her African-American abortions and has been national policy population. since 1976. For over 30 years, Demo- Mr. REID. Mr. President, I ask unan- f cratic and Republican administrations, imous consent that the Senate proceed the U.S. Supreme Court, and bipartisan to a period of morning business, with HONORING OUR ARMED FORCES Congresses have all upheld and af- Senators allowed to speak for not more SPECIALIST CHAD D. GROEPPER firmed this essential policy. In addi- than 10 minutes each. Mr. GRASSLEY. Mr. President, tion to maintaining this legislative The PRESIDING OFFICER. Without today I pay tribute to an American precedent, amendment No. 3896 in- objection, it is so ordered. hero who was killed on February 17, cludes important exceptions to save f 2008, in Diyala Province, Iraq, while the life of the mother or in cases of supporting Operation Iraqi Freedom. BLACK HISTORY MONTH rape or incest. His bravery and selflessness will not be Now, some of my colleagues may ask Mr. DURBIN. Mr. President, I rise forgotten. I extend my thoughts and why statutory codification of this pol- today in recognition and support of one prayers to his wife Stephanie, his icy is necessary. Let me assure them it of the most important months of the daughter Clarissa, and all his family is necessary to ensure this decades- year that should be celebrated year and friends. long legislative precedent does not fall round: Black History Month. Chad Groepper was raised in Kings- needlessly through procedural and po- Dr. Carter G. Woodson, a prominent ley, IA, and graduated from Kingsley- litical cracks. African-American historian, author, Pierson Community High School in Without this amendment, there is no and journalist, founded ‘‘Negro History 2004. He enlisted shortly after his grad- true assurance that Federal IHS funds Week’’ in 1926 to establish a sense of uation. Chad was known for his ability will not be used to pay for abortions on pride in African Americans who had to put smiles on faces, make people demand in the future. As everyone in been ignored or misrepresented in tra- laugh, and for being involved with out- this Chamber knows, the language of ditional American History lessons. side sports such as dirt biking and

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1115 four-wheeling. He met his wife while crimes legislation. Each Congress, Sen- CSTC provides ranges, training areas, stationed at Fort Lewis, WA, and their ator KENNEDY and I introduce hate and facilities to prepare and train daughter is only 4 months old. crimes legislation that would strength- Army Reserve soldiers and encom- Specialist Groepper was assigned to en and add new categories to current passes four geographically separated Headquarters and Headquarters Com- hate crimes law, sending a signal that installations throughout northern and pany, 2nd Battalion, 23rd Infantry violence of any kind is unacceptable in central California: Moffett Field in the Regiment, 2nd Infantry Division out of our society. Likewise, each Congress I city of Mountain View, B.T. Collins Fort Lewis, WA. He will be remem- have come to the floor to highlight a Army Reserve Center in the city of bered for his courageous sacrifice and separate hate crime that has occurred Sacramento, Camp Parks in the city of energetic personality. Kingsley mayor in our country. Dublin, and Fort Hunter Liggett in Wayne Plendl describes Groepper as ‘‘a On February 12, 2008, Lawrence King, southern Monterey County. nice, nice young man who was highly an eighth grader in Ventura County, Until 1993, Camp Parks and Fort thought of.’’ He will be greatly missed. CA, was shot at school allegedly for Hunter Liggett were separate installa- I ask my colleagues here in the Senate being gay. He was known by classmates tions under the control of the U.S. and all Americans to remember with as an outcast who often came to school Army Reserve Command, USARC. gratitude and appreciation a heroic sol- in high heels, jewelry, and makeup. He However, in 1995, USARC placed these dier, SPC Chad D. Groepper. had come out just weeks before the two posts under Fort McCoy, WI, which f shooting. King was working in a com- in turn developed the original CSTC ASSURED FUNDING FOR puter lab along with 20 other students concept. With headquarters at Camp VETERANS HEALTH CARE ACT that day when, witnesses say, 14-year- Parks, which oversees the base oper- old classmate Brandon McInerney ap- ations, training facilities, and housing Mr. JOHNSON. Mr. President, on proached Lawrence and shot him in the assets of Fort Hunter Liggett and February 14, 2008, I was pleased to in- head with a handgun. King was rushed Camp Parks, the CSTC also provides troduce the Assured Funding for Vet- to a local hospital where he was later military housing at Moffett Field and erans Health Care Act, along with my declared brain dead. Once the victim lodging and dining facilities at the B.T. colleague Senator SNOWE. This legisla- died, prosecutors charged McInerney Collins Army Reserve Center. tion is the companion bill to legisla- with murder as a premeditated hate I commend the CSTC for its success tion introduced in the House by Rep- crime and gun possession. He will be in providing the training grounds, fa- resentative Phil Hare, with a number tried as an adult. cilities, and support to Army Reserve of cosponsors. I believe that the Government’s first soldiers. The world-class support and This bill will make spending for the duty is to defend its citizens, to defend training reservists receive at CSTC is VA health care system mandatory, them against the harms that come out worthy of the utmost praise. I com- rather than discretionary. Under this legislation, the base-line funding year of hate. Federal laws intended to pro- mend the U.S. Army Reserve for 100 would be 130 percent of the fiscal year tect individuals from heinous and vio- years of stellar service to our State 2006 VA health care budget. This lent crimes motivated by hate are woe- and Nation. I will continue to support amount would be adjusted annually to fully inadequate. This legislation the Army Reserve as a vital component reflect the total number of veterans would better equip the Government to of America’s national defense. participating in the VA health care fulfill its most important obligation by f protecting new groups of people as well system and would account for the an- HONORING THE PEACE CORPS as better protecting citizens already nual rise in the cost of providing Mr. PRYOR. Mr. President, today I health care services. covered under deficient laws. I believe wish to honor National Peace Corps From 1996 to 2003, the enrolled VA pa- that by passing this legislation and Week and the 47th anniversary of the tient population increased 134 percent. changing current law, we can change Appropriated funding, however, only hearts and minds as well. Peace Corps. I add my voice to celebrate the hard working men and increased 44 percent. These discrep- f women who volunteer for Peace Corps ancies are intolerable. We must give 100TH ANNIVERSARY OF THE U.S. the VA the funding it needs to provide service. ARMY RESERVE As an Arkansan and a believer in our service men and women with the quality health care they deserve and Mrs. BOXER. Mr. President, I take Senator J. William Fulbright’s legacy, were promised. this opportunity to observe the 100th I consider this program to be one of the As chairman of the Military Con- anniversary of the U.S. Army Reserve most important mechanisms we have struction and Veterans Affairs Appro- and to recognize its installations in to encourage international coopera- priations Subcommittee, I was pleased California that comprise the U.S. Army tion, peace, and security. I believe we to help secure full funding for the VA Combat Support Training Center, are morally obliged to help those in for the first time in 21 years. The As- CSTC. need around the world and work to re- sured Funding for Veterans Health Initially established by Congress in duce poverty in order to fight global Care Act is needed, however, to ensure 1908 to provide a reserve force of med- epidemics, to enhance education, and that this is a regular occurrence. Our ical officers, today’s Army Reserve is a to reduce hunger. veterans deserve to know that Con- vital operational component in the I am continually heartened by the gress will provide for their health care world’s most powerful and sophisti- good works of Arkansans in the State, needs and will not subject them to the cated Army. The Army Reserve pro- Nation, and abroad. Our State has a whims of the annual appropriations vides the specialized skills and man- storied history of service, and I am process. power the Army depends on and cur- pleased that there are 36 Arkansans This legislation enjoys the support of rently assists the Army in locations currently serving as Peace Corps vol- every major military and veterans as- worldwide, including Iraq, Afghanistan, unteers in Africa, Eastern Europe, sociation, including the American Le- the Horn of Africa, the Philippines, and Asia, and Latin America. I am proud to gion, the Disabled American Veterans, Latin America. As a result of their ex- say that Arkansas is also home to one the Paralyzed Veterans of American, tensive peacetime and wartime accom- of the pioneering families of the Peace and the Veterans of Foreign Wars. I plishments over the last 100 years, the Corps, Carolyn and the late Bob commend this legislation to the atten- men and women who have served and Moffett. Inspired by President Ken- tion of my colleagues and urge them to continue to volunteer to serve in the nedy’s challenge to the American peo- lend their support by cosponsoring this U.S. Army Reserve deserve the great- ple, Bob entered into service as a vol- bill. est respect and admiration. unteer in the summer of 1962. Carolyn f Established in June 2005, CSTC is the was with Bob every step of the way and Army’s newest training center and the devoted her life to taking care of her THE MATTHEW SHEPARD ACT first of its kind to serve as a premier family and the other volunteers; Mr. SMITH. Mr. President, I rise training center for Army Reserve sol- hosting holidays, weddings, and even today to speak about the need for hate diers in the Western United States. funerals.

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They ronment, youth, agriculture, informa- Even though he received additional have learned the vital connection be- tion technology, and business develop- treatment and therapy, and he ap- tween oral research and advanced ment, 190,000 brave men and women, peared to be recovering, medical inter- treatments like gene therapy, which serving in 139 countries, have dedicated vention had come too late. Deamonte can help patients with chronic renal over 2 years of their lives to make sig- passed away on Sunday, February 25, failure. They determined that a preg- nificant achievements, enriching the 2007. nant woman who has periodontal dis- lives of others and serving their coun- At the end, the total cost of his ease can be as much as seven times try. treatment exceeded a quarter of a mil- more likely to give birth to a pre- In these uncertain times, Peace lion dollars—more than three thousand mature or low-birthweight baby. Corps volunteers remain committed to times the $80 it would have cost for a We heard the call to action in the the goals of international peace, tooth extraction. 110th Congress, and demonstrated friendship, and understanding by shar- When his case was brought to light, I strong support for efforts to improve ing their unparalleled experience to believe that it served as a wake-up call dental care for children in our Nation. those back home. I pray that the good for our Nation. Many of my colleagues One year ago, I said that I hoped that work of these and other Peace Corps also came to the Senate floor to speak Congress would include a dental guar- volunteers will raise awareness and about the lessons of this case. Senators antee in the CHIP reauthorization bill. that others will be called to follow BINGAMAN, COLLINS, SNOWE, and SAND- We did that in a fiscally responsible ERS, and many others, have been out- their good example. way with bipartisan support. We also For the record, I would like to sub- spoken about these issues for years, added provisions to improve the avail- and I want to acknowledge and thank mit the names of the 36 Arkansans cur- ability of information about dental them for their efforts. rently serving in the Peace Corps. They coverage and participating dentists. We talked about the realities of ac- But the President chose to veto that are John Armstrong, Amanda Barker, cess to dental care in this country. Anthony Barnum, Melanie Berman, bill. We will keep trying because we Here are some basic facts: know how important these provisions Susan Boswell Pierce, Robert Bryant, According to the American Academy Allyson Carr, Adam Carson, Garrard are to the overall health of our Na- of Pediatric Dentistry, dental decay is tion’s children. Conley, Erin Gibbs, Jared Gillis, Laurel the most common chronic childhood We will also continue to work to in- Gladish, Allison Green, Rebecca disease among children in the United crease funding for grants to States and Hedges, Cameron Highsmith, Brian States. It affects one in five children expand training opportunities for pedi- Hilburn, Joseph Hill, James Hollins, aged 2 to 4, half of those aged 6 to 8, atric dentists. We do not have enough Jenny Hurst, Julia Jones, Adelia and nearly three-fifths of 15-year-olds. professionals who are trained and Kittrell, Nicholas Klinger, Theodis Tooth decay is five times more com- available to treat children with dental Lever, Tara Loftis, Stanley Luker, mon than asthma among school-age problems, and it is a Federal responsi- Jennifer Lusk, Daniel McGinley, Josh- children. Children living in poverty bility to fix that. And we must improve ua Mosley, Danielle Rinke, Mary suffer twice as much tooth decay as public reimbursements to dental pro- Rinnert, Rebecca Robinson, Deborah middle- and upper-income children; 39 viders in offices and clinics so that no Romes, Christin Spradley, Kristen percent of Black children have un- child who needs treatment will be Straw, Jackson Taylor, Nikolette Wil- treated tooth decay in their permanent turned away. liams. I thank them all for their de- teeth; 11 percent of the Nation’s rural February is National Children’s Den- voted service to their country and population have never visited a dentist; tal Health Month. And so, this is a sad steadfast dedication to improving the and an estimated 25 million people live anniversary, but it is also our oppor- lives of the disadvantaged. in areas that lack adequate dental care tunity to recommit ourselves to ad- f services. dressing one of the most pressing Today the Senate is moving toward ADDITIONAL STATEMENTS health care issues facing our children. completion of the Indian Health Care It is our duty to do so. We will never Amendments Act of 2007, a bill that I forget Deamonte Driver and we will (At the request of Mr. REID, the fol- support. According to a study released never forget our responsibility to im- lowing statement was ordered to be this week in the Journal of the Amer- proving dental care for America’s chil- printed in the RECORD.) ican Academy of Pediatrics, of all dren.∑ REMEMBERING DEAMONTE groups in this country, Native Amer- f DRIVER ican children had the worst access to dental care, and double the odds of IN MEMORY OF OFFICER RANDAL ∑ Mr. CARDIN. Mr. President, today I White children of having their dental SIMMONS come to the floor to mark the 1-year needs unmet. ∑ Mrs. BOXER. Mr. President, the city anniversary of Deamonte Driver’s At the end of January, a survey from of Los Angeles and the nationwide law death. the Maryland Department of Health enforcement community has lost an ex- Deamonte was a 12-year-old from and Mental Hygiene showed that fewer emplary leader. Officer Randal Sim- Prince George’s County, MD. He died than one-third of Maryland kinder- mons, a 27-year veteran of the Los An- at Children’s Hospital here in Wash- garten and third grade students have geles Police Department and 20-year ington as the result of a brain infection dental sealants. This report also shows member of the department’s elite Spe- brought on by an untreated tooth ab- that a third of these students also have cial Weapons and Tactics Team, scess. untreated dental disease. These results SWAT, is the first officer in the team’s The Driver family, like many other correspond with the findings of a Den- four-decade history to die in the line of families across the country, lacked tal Action Committee that our Health duty. I would like to take a few mo- dental insurance. At one point his fam- Secretary convened last year. ments to recognize Officer Randal Sim- ily had Medicaid coverage, but they As we move forward, I want to em- mons’ many important accomplish- lost it because they had moved into a phasize that this is not just about den- ments and the tremendous impact he temporary shelter and their paperwork tal care. This is a question of whether made as a leader in both his personal fell through the cracks. When advo- we are truly committed to improving and professional life. cates for the family tried to help, it the overall health of our children. Our Originally from New York City, Sim- took more than 20 calls just to find a former Surgeon General C. Everett mons’ family moved to southern Cali- dentist who would treat him. Koop, once said, ‘‘There is no health fornia early in his life. He graduated Deamonte began to complain about a without oral health.’’ from Fairfax High School in 1974 and headache on January 11. But an evalua- Medical researchers have discovered then attended Washington State Uni- tion at Children’s Hospital led beyond the important linkage between plaque versity where he studied criminology

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1117 and was a member of the University’s come. North Central Arkansas did not ever, as a result of their countless football team. have much to offer as a means of col- hours of hard work and dedication, the After college, Simmons returned to lege education prior to the work of Bulldogs have shown to the Nation the city of Los Angeles and became a Vada. During her tenure, she intro- their outstanding athletic talent and member of the Los Angeles Police De- duced a measure that established the determination by winning the 2008 partment. During his career, Simmons North Arkansas Community College in State Championship and clinching the served in many high-crime areas where Harrison and was a key factor to the national record. he worked to not only protect the local creation of the Arkansas State Univer- Not only did the Lady Bulldogs top community but also to combat gang sity at Mountain Home. the national record for most consecu- activity. His dedication to serving the Vada and my father, David Pryor, tive State wins, they also beat their residents of Los Angeles was well rec- were dear friends and had a close rela- State-best score from last year. Madi- ognized when he earned the distinction tionship during their many years of son had four of the top scores in the of becoming a member of the depart- public service in Arkansas. I had the vault, the top three in the balance ment’s elite SWAT Team. privilege of serving with her in the Ar- beam, three of the top five in the un- Simmons was not only a leader to his kansas House of Representatives. She even bars, and two of the top three in fellow officers but also a highly re- had this calming influence about her the floor exercise. This is evidence of spected leader in his community. Serv- that led her to become a mentor to the team’s ability to perform well and ing as an ordained minister, he was an many of us. Given her reputation, she work together in all of the categories active member of his church and helped was trusted as a sounding board across of the championship. to build a community gymnasium. He the State on key issues and new ideas. The Lady Bulldogs sealed their 14th volunteered much of his time to lead a There is not really a story I could tell win with a final score of 141.896 points. group ministry that served nearly 1,500 about Vada Sheid to encompass the I would like to congratulate all the children and also found time to serve person she was. Her story was filled young women who have worked so hard as coach for his son’s football team. with a lifetime of integrity and a this year to win the State champion- His presence in the community will steadfast passion for public service. ship. The gymnasts of the Lady Bull- truly be missed. Her accomplishments and passion for dogs for the 2007–2008 season, in alpha- I invite all of my colleagues to join public service continue to be an inspi- betical order, are as follows: Laura me in recognizing and honoring Officer ration to me. I recognize the value and Blom, Danielle Bloom, Katie Breuer, Randal Simmons for his guidance and impact of her work in Arkansas, and Kassie Finck, Lexi Finck, Theresa leadership in fighting to improve the during my time in the Senate, I have Knapp, Katie Mackenzie, Heidi Mogck, lives of all Angelinos. He is survived by worked to secure Federal funding for Mara Riedel, Sara Rogers, Jessica his wife Lisa and their two children, to the Vada Sheid Community Center on Strom, Kaitlyn Walker, and Heather whom I send my heartfelt condolence. the Arkansas State University at Williams. Officer Simmons leaves a lasting leg- Mountain Home campus. With the This remarkable accomplishment acy of caring and compassion that groundbreaking set for April 11, I am would not have been possible without serves as a model to us all.∑ committed, now more than ever, to the guidance and encouragement of the f working with stakeholders to complete team’s excellent coaching staff, head this project as a tribute to Mrs. Sheid. coach Maridee Dossett and assistant REMEMBERING VADA SHEID Arkansas has a rich heritage of pow- coach Kindra Wiese. Coach Dossett has ∑ Mr. PRYOR. Mr. President, today I erful, groundbreaking women. Vada been a Lady Bulldog since 1995, first as wish to celebrate the life and accom- Sheid’s accomplishments place her in an athlete and now as a coach. She was plishments of a great Arkansan, Mrs. the ranks of historic greats like Hattie part of the team when they won their Vada Webb Sheid. Mrs. Sheid was a Caraway, Judge Elsijane Trimble Roy, first State title in 1995. Upon gradua- civil servant; she was an entrepreneur; my dear colleague, Senator Blanche tion, she has continued to contribute she was an inspiration. After a long Lambert Lincoln, and my grand- to the team and spur them on to con- battle with Alzheimer’s, Vada Sheid mother, Susie Newton Pryor. This tinued success. passed away on February 11, 2008, at woman rose above the times and Bud Postma, the athletic director of the age of 91. She will be sorely missed. crossed milestones in so many of her the Lady Bulldogs, said the streak was Born and raised in rural Arkansas endeavors. She was the first woman to a testament to past gymnasts and near Calico Rock in the north central be elected in her own right to the Ar- coaches at Madison. Linda Collignon part of the State, she became known as kansas Senate, and the first woman to was the coach who started the record- one of the Twin Lakes area’s biggest serve in both Chambers of the Arkan- breaking streak 14 years ago. This na- movers and shakers. She came from a sas General Assembly. tional record was made possible by the rare breed of politicians, one marked My heart goes out to her family, dedication of the gymnasts and coach- with sincere intentions and a sense of friends, and Arkansans alike as we ing staff of the Madison High School duty. Starting as the Izard County mourn this loss. Vada left Arkansas gymnastics team throughout the years. Welfare Director at the young age of and the world a better place than when I would also like to acknowledge the 19, her public service career stretched she found it and her legacy will con- support and devotion of the families of across five decades. Her love of public tinue to live on for generations to the Madison Gymnastics team mem- service, the area, and the people of her come.∑ bers and the community of Madison. area was apparent in her work. f Without the encouragement and sac- She understood the needs of her con- rifice from the gymnasts’ families and RECOGNIZING THE LADY stituents and committed her time and the dedicated support of the Madison BULLDOGS efforts to addressing them. From the community, this amazing accomplish- time she was first elected in 1966, she ∑ Mr. THUNE. Mr. President today I ment would not have been possible. set out to replace the ferry system on wish to honor the Madison High School On behalf of the State of South Da- Norfork Lake by building bridges gymnastics team for winning their 14th kota, I am pleased to congratulate the across it. After nearly 20 years of un- consecutive South Dakota State Gym- Lady Bulldogs Gymnastics team on wavering pursuit, the Norfork Lake nastics title and breaking the national their recordbreaking national accom- bridges were constructed, an act cred- record for most consecutive State gym- plishment and wish them the best of ited as her crowning achievement. nastics team titles. This is truly an im- luck for their continued success.∑ Education was another cornerstone pressive accomplishment, and I am f of her tenure. As a supporter of the Ar- proud to have such fine athletes rep- kansas Freedom of Information Act, resenting the State of South Dakota. MESSAGES FROM THE PRESIDENT Mrs. Sheid donated her papers to the Last year, the Madison High School Messages from the President of the University of Arkansas Special Collec- Bulldogs were tied with Sehome High United States were communicated to tions in 1989 so that they may be School from Bellingham, WA, for most the Senate by Mrs. Neiman, one of his shared and studied for generations to consecutive championship wins. How- secretaries.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1118 CONGRESSIONAL RECORD — SENATE February 25, 2008 EXECUTIVE MESSAGES REFERRED MESSAGE FROM THE HOUSE Plant Health Inspection Service, Department RECEIVED DURING RECESS of Agriculture, transmitting, pursuant to As in executive session the Presiding law, the report of a rule entitled ‘‘Add Mau- Officer laid before the Senate messages ritius to the List of Regions Where African from the President of the United ENROLLED BILLS SIGNED Swine Fever Exists’’ (Docket No. APHIS- States submitting sundry nominations 2007-0151) received on February 20, 2008; to which were referred to the appropriate Under the authority of the order of the Committee on Agriculture, Nutrition, and Forestry. committees. the Senate of January 4, 2007, the Sec- retary of the Senate, on February 19, EC–5118. A communication from the Con- (The nominations received today are 2008, during the recess of the Senate, gressional Review Coordinator, Animal and printed at the end of the Senate pro- Plant Health Inspection Service, Department received a message from the House of ceedings.) of Agriculture, transmitting, pursuant to Representatives announcing that the law, the report of a rule entitled ‘‘Mediterra- Speaker pro tempore (Mr. HOYER) had nean Fruit Fly; Add Portion of Los Angeles f signed the following enrolled bills:) County, CA, to the List of Quarantined H.R. 1216. An act to direct the Secretary of Areas’’ (Docket No. APHIS-2008-0004) re- MESSAGES FROM THE HOUSE Transportation to issue regulations to received on February 20, 2008; to the Com- duce the incidence of child injury and death mittee on Agriculture, Nutrition, and For- estry. occurring inside or outside of light motor ve- EC–5119. A communication from the Con- hicles, and for other purposes. gressional Review Coordinator, Animal and ENROLLED BILLS SIGNED H.R. 5270. An act to amend the Internal Plant Health Inspection Service, Department Revenue Code of 1986 to extend the funding The PRESIDENT pro tempore (Mr. of Agriculture, transmitting, pursuant to and expenditure authority of the Airport and law, the report of a rule entitled ‘‘Mexican BYRD) reported that he had signed the Airway Trust Fund, and for other purposes. Fruit Fly; Designation of Portion of San following enrolled bills, which were f Diego County, CA, as a Quarantined Area’’ previously signed by the Speaker pro (Docket No. APHIS-2008-0005) received on tempore (Mr. HOYER) of the House: MEASURES REFERRED February 20, 2008; to the Committee on Agri- H.R. 1216. An act to direct the Secretary of The following bills were read the first culture, Nutrition, and Forestry. EC–5120. A communication from the Chair- Transportation to issue regulations to re- and the second times by unanimous consent, and referred as indicated: man and Chief Executive Officer, Farm Cred- duce the incidence of child injury and death it Administration, transmitting, pursuant to occurring inside or outside of light motor ve- H.R. 4137. An act to amend and extend the law, a report relative to the Administra- hicles, and for other purposes. Higher Education Act of 1965, and for other tion’s 2008 compensation program adjust- H.R. 5270. An act to amend the Internal purposes; to the Committee on Health, Edu- ments; to the Committee on Agriculture, Nu- Revenue Code of 1986 to extend the funding cation, Labor, and Pensions. trition, and Forestry. and expenditure authority of the Airport and H.R. 5478. An act to provide for the contin- EC–5121. A communication from the Direc- Airway Trust Fund, and for her purposes. ued minting and issuance of certain $1 coins tor, Regulatory Management Division, Envi- in 2008. ronmental Protection Agency, transmitting, At 3:03 p.m., a message from the The following concurrent resolution pursuant to law, the report of a rule entitled House of Representatives, delivered by ‘‘Carfentrazone-ethyl; Pesticide Tolerance’’ was read, and referred as indicated: (FRL No. 8349-4) received on February 15, Ms. Niland, one of its reading clerks, H. Con. Res. 289. Concurrent resolution 2008; to the Committee on Agriculture, Nu- announced that the House has passed honoring and praising the National Associa- trition, and Forestry. the following bill, without amendment: tion for the Advancement of Colored People EC–5122. A communication from the Direc- on the occasion of its 99th anniversary; to tor, Regulatory Management Division, Envi- S. 2570. An act to make technical correc- the Committee on the Judiciary. ronmental Protection Agency, transmitting, tions to the Federal Insecticide, Fungicide, pursuant to law, the report of a rule entitled and Rodenticide Act. f ‘‘Mesotrione; Pesticide Tolerance’’ (FRL No. The message also announced that the MEASURES PLACED ON THE 8349-7) received on February 15, 2008; to the House has passed the following bills, in CALENDAR Committee on Agriculture, Nutrition, and which it requests the concurrence of Forestry. The following bill was read the first EC–5123. A communication from the Direc- the Senate: and second times by unanimous con- tor, Regulatory Management Division, Envi- H.R. 1834. An act to authorize the national sent, and placed on the calendar: ronmental Protection Agency, transmitting, ocean exploration program and the national H.R. 1834. An act to authorize the national pursuant to law, the report of a rule entitled undersea research program within the Na- ocean exploration program and the national ‘‘Formetanate Hydrochloride; Pesticide Tol- tional Oceanic and Atmospheric Administra- undersea research program within the Na- erances for Emergency Exemptions’’ (FRL tion. tional Oceanic and Atmospheric Administra- No. 8343-6) received on February 15, 2008; to H.R. 4169. An act to authorize the place- tion. the Committee on Agriculture, Nutrition, ment in Arlington National Cemetery of an and Forestry. f EC–5124. A communication from the Under American Braille tactile flag in Arlington Secretary of Defense (Acquisition, Tech- National Cemetery honoring blind members MEASURES READ THE FIRST TIME nology and Logistics), transmitting, pursu- of the Armed Forces, veterans, and other The following bills were read the first ant to law, a report relative to a public-pri- Americans. time: vate competition that was completed at the The message further announced that S. 2665. A bill to extend the provisions of Defense Logistics Agency on July 26, 2007; to the House has agreed to the following the Protect America Act of 2007 until July 1, the Committee on Armed Services. EC–5125. A communication from the Chief concurrent resolution, in which it re- 2009. of the Programs and Legislation Division, S. 2664. A bill to extend the provisions of quests the concurrence of the Senate: Department of the Air Force, transmitting, the Protect America Act of 2007. pursuant to law, a report relative to a pub- H. Con. Res. 289. Concurrent resolution S. 2663. A bill to reform the Consumer lic-private competition that was conducted honoring and praising the National Associa- Product Safety Commission to provide at Nellis Air Force Base in Nevada; to the tion for the Advancement of Colored People greater protection for children’s products, to on the occasion of its 99th anniversary. Committee on Armed Services. improve the screening of noncompliant con- EC–5126. A communication from the Coun- sumer products, to improve the effectiveness sel for Legislation and Regulations, Office of At 6:25 p.m., a message from the of consumer product recall programs, and for Housing, Department of Housing and Urban House of Representatives, delivered by other purposes. Development, transmitting, pursuant to law, Mrs. Cole, one of its reading clerks, an- f the report of a rule entitled ‘‘Home Equity nounced that the House has passed the Conversion Mortgages: Determination of EXECUTIVE AND OTHER following bills, in which it requests the Maximum Claim Amount; and Eligibility for COMMUNICATIONS concurrence of the Senate: Discounted Mortgage Insurance Premium for The following communications were Certain Refinanced HECM Loans’’ (RIN2502– H.R. 4137. An act to amend and extend the AI49) received on February 15, 2008; to the Higher Education Act of 1965, and for other laid before the Senate, together with accompanying papers, reports, and doc- Committee on Banking, Housing, and Urban purposes. Affairs. H.R. 5478. An act to provide for the contin- uments, and were referred as indicated: EC–5127. A communication from the Sec- ued minting and issuance of certain $1 coins EC–5117. A communication from the Con- retary of the Commerce, transmitting, pur- in 2008. gressional Review Coordinator, Animal and suant to law, an annual report relative to

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1119 the Emergency Oil and Gas Guaranteed Loan 07–AEA–11)) received on February 15, 2008; to entitled ‘‘Airworthiness Directives; Hawker Program; to the Committee on Banking, the Committee on Commerce, Science, and Beechcraft Model400A Series Airplanes’’ Housing, and Urban Affairs. Transportation. ((RIN2120–AA64) (Docket No. 2007–NM–106)) EC–5128. A communication from the Sec- EC–5138. A communication from the Pro- received on February 15, 2008; to the Com- retary of Commerce, transmitting, pursuant gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- to law, an annual report relative to the tion, Department of Transportation, trans- tation. Emergency Steel Loan Guarantee Program; mitting, pursuant to law, the report of a rule EC–5148. A communication from the Pro- to the Committee on Banking, Housing, and entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- Urban Affairs. Honesdale, PA’’ ((RIN2120–AA66) (Docket No. tion, Department of Transportation, trans- EC–5129. A communication from the Pro- 07–AEA–12)) received on February 15, 2008; to mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Rolls- tion, Department of Transportation, trans- Transportation. Royce Corporation AE 3007A and AE 3007C mitting, pursuant to law, the report of a rule EC–5139. A communication from the Pro- Series Turbofan Engines’’ ((RIN2120–AA64) entitled ‘‘Modification of Class D Airspace; gram Analyst, Federal Aviation Administra- (Docket No. 99–NE–01)) received on February Atwater, CA’’ ((RIN2120–AA66) (Docket No. tion, Department of Transportation, trans- 15, 2008; to the Committee on Commerce, 07–AWP–3)) received on February 15, 2008; to mitting, pursuant to law, the report of a rule Science, and Transportation. the Committee on Commerce, Science, and entitled ‘‘Revision of Class E Airspace; EC–5149. A communication from the Pro- Transportation. McGrath, AK’’ ((RIN2120–AA66) (Docket No. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–5130. A communication from the Pro- 07–AAL–15)) received on February 15, 2008; to mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Cirrus tion, Department of Transportation, trans- Transportation. Design Corporation Model SR22 Airplanes’’ mitting, pursuant to law, the report of a rule EC–5140. A communication from the Pro- ((RIN2120–AA64) (Docket No. 2007–CE–091)) entitled ‘‘Modification of Class D Airspace; gram Analyst, Federal Aviation Administra- received on February 15, 2008; to the Com- Castle Airport, Atwater, CA’’ ((RIN2120– tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- AA66) (Docket No. 07–AWP–3)) received on mitting, pursuant to law, the report of a rule tation. February 15, 2008; to the Committee on Com- entitled ‘‘Revision of Class E Airspace; EC–5150. A communication from the Pro- merce, Science, and Transportation. Soldotna, AK’’ ((RIN2120–AA66) (Docket No. gram Analyst, Federal Aviation Administra- EC–5131. A communication from the Pro- 07–AAL–16)) received on February 15, 2008; to tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Transportation. entitled ‘‘Airworthiness Directives; Hartzell mitting, pursuant to law, the report of a rule EC–5141. A communication from the Pro- Propeller Inc. Model HC–E5N–3(), HC–E5N– entitled ‘‘Establishment of Class E Airspace; gram Analyst, Federal Aviation Administra- 3()(L), and HC–E5B–5() Propellers’’ ((RIN2120– Springfield, CO’’ ((RIN2120–AA66) (Docket tion, Department of Transportation, trans- AA64) (Docket No. 2007–NE–31)) received on No. 07–ANM–4)) received on February 15, 2008; mitting, pursuant to law, the report of a rule February 15, 2008; to the Committee on Com- to the Committee on Commerce, Science, entitled ‘‘Establishment of Class E Airspace; merce, Science, and Transportation. and Transportation. Lewiston, ME’’ ((RIN2120–AA66) (Docket No. EC–5151. A communication from the Pro- EC–5132. A communication from the Pro- 07–ANE–95)) received on February 15, 2008; to gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and tion, Department of Transportation, trans- tion, Department of Transportation, trans- Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–5142. A communication from the Pro- entitled ‘‘Airworthiness Directives; GROB– entitled ‘‘Revision of VOR Federal Airway gram Analyst, Federal Aviation Administra- WERKE GMBH AND CO KG Models G102 363, CA’’ ((RIN2120–AA66) (Docket No. 04– tion, Department of Transportation, trans- CLUB ASTIR III, G102 CLUB ASTIR IIIb, and AWP–08)) received on February 15, 2008; to mitting, pursuant to law, the report of a rule G102 STANDARD ASTIR III Gliders’’ the Committee on Commerce, Science, and entitled ‘‘Establishment of Class E Airspace; ((RIN2120–AA64) (Docket No. 2007–CE–060)) Transportation. Farmington, ME’’ ((RIN2120–AA66) (Docket received on February 15, 2008; to the Com- EC–5133. A communication from the Pro- No. 07–ANE–93)) received on February 15,2008; mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, tation. tion, Department of Transportation, trans- and Transportation. EC–5152. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–5143. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Helena, MT’’ ((RIN2120–AA66) (Docket No. tion, Department of Transportation, transmitting, pursuant to law, the report of a rule 07–ANM–11)) received on February 15, 2008; to mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Societe the Committee on Commerce, Science, and entitled ‘‘Revision of Class E Airspace; de Motorisations Aeronautiques SR305–230 Transportation. Selawik, AK’’ ((RIN2120–AA66) (Docket No. and SR305–230–1 Reciprocating Engines’’ EC–5134. A communication from the Pro- 07–AAL–05)) received on February 15, 2008; to ((RIN2120–AA64) (Docket No. 2006–NE–36)) re- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and ceived on February 15, 2008; to the Com- tion, Department of Transportation, trans- Transportation. mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule EC–5144. A communication from the Pro- tation. entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- EC–5153. A communication from the Pro- Mooresville, NC’’ ((RIN2120–AA66) (Docket tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- No. 07–ASO–11)) received on February 15, mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule 2008; to the Committee on Commerce, entitled ‘‘Revision of Class E Airspace; entitled ‘‘Airworthiness Directives; Science, and Transportation. Buckland, AK’’ ((RIN2120–AA66) (Docket No. Turbomeca Arriel 2S1 and 2S2 Turboshaft EC–5135. A communication from the Pro- 07–AAL–12)) received on February 15, 2008; to Engines’’ ((RIN2120–AA64) (Docket No. 2007– gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and NE–17)) received on February 15, 2008; to the tion, Department of Transportation, trans- Transportation. Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule EC–5145. A communication from the Pro- Transportation. entitled ‘‘Modification of Class E Airspace; gram Analyst, Federal Aviation Administra- EC–5154. A communication from the Pro- Poplar Bluff, MO’’ ((RIN2120–AA66) (Docket tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- No. 07–ACE–9)) received on February 15, 2008; mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- to the Committee on Commerce, Science, entitled ‘‘Revision of Class E Airspace; mitting, pursuant to law, the report of a rule and Transportation. Chevak, AK’’ ((RIN2120–AA66) (Docket No. entitled ‘‘Airworthiness Directives; Rolls- EC–5136. A communication from the Pro- 07–AAL–13)) received on February 15, 2008; to Royce plc RB211 Trent 768–60, 772–60, and gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and 772B–60 Turbofan Engines’’ ((RIN2120–AA64) tion, Department of Transportation, trans- Transportation. (Docket No. 2006–NE–30)) received on Feb- mitting, pursyant to law, the report of a rule EC–5146. A communication from the Pro- ruary 15, 2008; to the Committee on Com- entitled ‘‘Establishment and Amendment of gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. Class D and E Airspace; Easton, MD’’ tion, Department of Transportation, trans- EC–5155. A communication from the Pro- ((RIN2120–AA66) (Docket No. 07–AEA–02)) re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ceived on February 15, 2008; to the Com- entitled ‘‘Revision of Class E Airspace; tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- Kenai, AK’’ ((RIN2120–AA66) (Docket No. 07– mitting, pursuant to law, the report of a rule tation. AAL–14)) received on February 15, 2008; to entitled ‘‘Airworthiness Directives; Airbus EC–5137. A communication from the Pro- the Committee on Commerce, Science, and Model A330–200, A330–300, A340–200, A340–300, gram Analyst, Federal Aviation Administra- Transportation. A340–500, and A340–600 Series Airplanes’’ tion, Department of Transportation, trans- EC–5147. A communication from the Pro- ((RIN2120–AA64) (Docket No. 2007–NM–241)) mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- received on February 15, 2008; to the Com- entitled ‘‘Establishment of Class E Airspace; tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- Montrose, PA’’ ((RIN2120–AA66) (Docket No. mitting, pursuant to law, the report of a rule tation.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1120 CONGRESSIONAL RECORD — SENATE February 25, 2008 EC–5156. A communication from the Pro- Off Alaska; Pollock in Statistical Area 630 in AU98) received on February 15, 2008; to the gram Analyst, National Highway Traffic the Gulf of Alaska’’ (RIN0648–XF21) received Committee on Environment and Public Safety Administration, Department of on February 21, 2008; to the Committee on Works. Transportation, transmitting, pursuant to Commerce, Science, and Transportation. EC–5175. A communication from the Assist- law, the report of a rule entitled ‘‘Confiden- EC–5165. A communication from the Acting ant Secretary for Fish, Wildlife and Parks, tial Business Information’’ (RIN2127–AJ95) Director, Office of Sustainable Fisheries, De- Fish and Wildlife Service, Department of the received on February 20, 2008; to the Com- partment of Commerce, transmitting, pursu- Interior, transmitting, pursuant to law, the mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled report of a rule entitled ‘‘Endangered and tation. ‘‘Fisheries of the Exclusive Economic Zone Threatened Wildlife and Plants; Designation EC–5157. A communication from the Pro- Off Alaska; Pollock in Statistical Area 630 of of Critical Habitat for Berberis nevinii’’ gram Analyst, National Highway Traffic the Gulf of Alaska’’ (RIN0648–XF34) received (RIN1018–AU84) received on February 15, 2008; Safety Administration, Department of on February 21, 2008; to the Committee on to the Committee on Environment and Pub- Transportation, transmitting, pursuant to Commerce, Science, and Transportation. lic Works. law, the report of a rule entitled ‘‘Federal EC–5166. A communication from the Acting EC–5176. A communication from the Direc- Motor Vehicle Theft Prevention Standard Director, Office of Sustainable Fisheries, De- tor, Regulatory Management Division, Envi- Update to Appendix A’’ (RIN2127–AJ97) re- partment of Commerce, transmitting, pursu- ronmental Protection Agency, transmitting, ceived on February 20, 2008; to the Com- ant to law, the report of a rule entitled pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- ‘‘Fisheries of the Exclusive Economic Zone ‘‘Vitamin E, d-alpha tocopherol, dl-alpha to- tation. Off Alaska; Pollock in Statistical Area 610 in copherol, d-alpha tocopheryl acetate, and dl- EC–5158. A communication from the Pro- the Gulf of Alaska’’ (MB Docket No. 07–143) alpha tocopheryl acetate; Inert Ingredients; gram Analyst, National Highway Traffic received on February 21, 2008; to the Com- Exemption from the Requirement of a Toler- Safety Administration, Department of mittee on Commerce, Science, and Transpor- ance’’ (FRL No. 8347–8) received on February Transportation, transmitting, pursuant to tation. 15, 2008; to the Committee on Environment law, the report of a rule entitled ‘‘Response EC–5167. A communication from the Acting and Public Works. to Petitions for Reconsideration on 5th Per- Director, Office of Sustainable Fisheries, De- EC–5177. A communication from the Direc- centile Dummy Belted Barrier Crash Test partment of Commerce, transmitting, pursu- tor, Regulatory Management Division, Envi- Procedures’’ (RIN2127–AK03) received on Feb- ant to law, the report of a rule entitled ‘‘No- ronmental Protection Agency, transmitting, ruary 20, 2008; to the Committee on Com- tification of 2008 No-Harvest Guideline for pursuant to law, the report of a rule entitled merce, Science, and Transportation. the Northwestern Hawaiian Islands Crusta- ‘‘Approval and Promulgation of Air Quality EC–5159. A communication from the Dep- ceans Fishery’’ (RIN0648–XF19) received on Implementation Plans; Indiana; VOC Emis- uty Assistant Administrator for Regulatory February 21, 2008; to the Committee on Com- sions from Fuel Grade Ethanol Production Programs, National Marine Fisheries Serv- merce, Science, and Transportation. Operations’’ (FRL No. 8529–8) received on ice, Department of Commerce, transmitting, EC–5168. A communication from the Sec- February 15, 2008; to the Committee on Envi- pursuant to law, the report of a rule entitled retary of Commerce, transmitting, pursuant ronment and Public Works. ‘‘Final Rule to Implement Joint Amendment to law, a report relative to a statistical pro- EC–5178. A communication from the Direc- 27 to the Fishery Management Plan for the gram on trade in services; to the Committee tor, Regulatory Management Division, Envi- Reef Fish Fishery of the Gulf of Mexico and on Commerce, Science, and Transportation. ronmental Protection Agency, transmitting, Amendment 14 to the FMP for the Shrimp EC–5169. A communication from the Pro- pursuant to law, the report of a rule entitled Fishery of the Gulf of Mexico’’ (RIN0648– gram Analyst, National Highway Traffic ‘‘1-Propanesulfonic acid, 2-methyl-2-[(1-oxo- AT87) received on February 21, 2008; to the Safety Administration, Department of 2-propenyl)amino]-monosodium salt, poly- Committee on Commerce, Science, and Transportation, transmitting, pursuant to mer with ethenol and ethenyl acetate; Ex- Transportation. law, the report of a rule entitled ‘‘Adminis- emption from the Requirement of a Toler- EC–5160. A communication from the Dep- trative Rewrite of FMVSS No. 108; Lamps, ance’’ (FRL No. 8344–7) received on February uty Assistant Administrator for Regulatory Reflective Devices, and Associated Equip- 15, 2008; to the Committee on Environment Programs, National Marine Fisheries Serv- ment’’ (RIN2127–AJ75) received on February and Public Works. ice, Department of Commerce, transmitting, 20, 2008; to the Committee on Commerce, EC–5179. A communication from the Sec- pursuant to law, the report of a rule entitled Science, and Transportation. retary of Health and Human Services, trans- ‘‘Correction to the Final Rule for Expansion EC–5170. A communication from the Dep- mitting, proposed legislation to respond to of the Pacific Coast Groundfish Fishery Ves- uty General Counsel, National Aeronautics the warning that was issued in April 2007 rel- sel Monitoring System’’ (RIN0648–AU08) re- and Space Administration, transmitting, ative to Medicare funding; to the Committee ceived on February 21, 2008; to the Com- pursuant to law, the report of a rule entitled on Finance. mittee on Commerce, Science, and Transpor- ‘‘Cross-Waiver of Liability’’ (RIN2700–AB51) EC–5180. A communication from the Chief tation. received on February 21, 2008; to the Com- of the Publications and Regulations Branch, EC–5161. A communication from the Dep- mittee on Commerce, Science, and Transpor- Internal Revenue Service, Department of the uty Assistant Administrator for Regulatory tation. Treasury, transmitting, pursuant to law, the Programs, National Marine Fisheries Serv- EC–5171. A communication from the Chair- report of a rule entitled ‘‘Payments from the ice, Department of Commerce, transmitting, man, Federal Energy Regulatory Commis- Primary Matching Payment Account’’ pursuant to law, the report of a rule entitled sion, transmitting, pursuant to law, a report ((RIN1545–BH41)(TD9382)) received on Feb- ‘‘Fisheries of the Economic Exclusive Zone relative to progress made in licensing and ruary 20, 2008; to the Committee on Finance. Off Alaska; Shallow-Water Species Fishery constructing the Alaska natural gas pipe- EC–5181. A communication from the Chief by Amendment 80 Vessels Subject to line; to the Committee on Energy and Nat- of the Publications and Regulations Branch, Sideboard Limits in the Gulf of Alaska’’ ural Resources. Internal Revenue Service, Department of the (RIN0648–XF23) received on February 21, 2008; EC–5172. A communication from the Direc- Treasury, transmitting, pursuant to law, the to the Committee on Commerce, Science, tor, Office of Congressional Affairs, Nuclear report of a rule entitled ‘‘Payments from the and Transportation. Regulatory Commission, transmitting, pur- Presidential Primary Matching Payment Ac- EC–5162. A communication from the Acting suant to law, the report of a rule entitled count’’ (Rev. Proc. 2008–15) received on Feb- Director, Office of Sustainable Fisheries, De- ‘‘Clarification of NRC Civil Penalty Author- ruary 20, 2008; to the Committee on Finance. partment of Commerce, transmitting, pursu- ity over Contractors and Subcontractors EC–5182. A communication from the Chief ant to law, the report of a rule entitled Who Discriminate Against Employees for of the Publications and Regulations Branch, ‘‘Georges Bank Yellowtail Flounder Posses- Engaging in Protected Activities’’ (RIN3150– Internal Revenue Service, Department of the sion Prohibition’’ (RIN0648–XF04) received on AH59) received on February 21, 2008; to the Treasury, transmitting, pursuant to law, the February 21, 2008; to the Committee on Com- Committee on Environment and Public report of a rule entitled ‘‘Qualifying Ad- merce, Science, and Transportation. Works. vanced Coal Project Program—Special Allo- EC–5163. A communication from the Acting EC–5173. A communication from the Execu- cation Round’’ (Notice 2008–26) received on Director, Office of Sustainable Fisheries, De- tive Director, National Surface Transpor- February 20, 2008; to the Committee on Fi- partment of Commerce, transmitting, pursu- tation Policy and Revenue Study Commis- nance. ant to law, the report of a rule entitled sion, transmitting, pursuant to law, a report EC–5183. A communication from the Chief ‘‘Fisheries of the Exclusive Economic Zone entitled ‘‘Transportation for Tomorrow’’; to of the Publications and Regulations Branch, Off Alaska; Atka Mackerel in the Bering Sea the Committee on Environment and Public Internal Revenue Service, Department of the and Aleutian Islands Management Area’’ Works. Treasury, transmitting, pursuant to law, the (RIN0648–XF21) received on February 21, 2008; EC–5174. A communication from the Acting report of a rule entitled ‘‘TIPRA Amend- to the Committee on Commerce, Science, Assistant Secretary for Fish, Wildlife and ments to Section 199’’ ((RIN1545–BF79)(TD and Transportation. Parks, Fish and Wildlife Service, Depart- 9381)) received on February 20, 2008; to the EC–5164. A communication from the Acting ment of the Interior, transmitting, pursuant Committee on Finance. Director, Office of Sustainable Fisheries, De- to law, the report of a rule entitled ‘‘Endan- EC–5184. A communication from the Chief partment of Commerce, transmitting, pursu- gered and Threatened Wildlife and Plants; of the Publications and Regulations Branch, ant to law, the report of a rule entitled Designation of Critical Habitat for Astrag- Internal Revenue Service, Department of the ‘‘Fisheries of the Exclusive Economic Zone alus Magdalenae var. peirsonii’’ (RIN1018– Treasury, transmitting, pursuant to law, the

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1121 report of a rule entitled ‘‘GO Zone Bonus De- February 14, 2008, the following bills S. 2663. A bill to reform the Consumer preciation Recapture’’ (Notice 2008–25) re- and joint resolutions were introduced, Product Safety Commission to provide ceived on February 15, 2008; to the Com- read the first and second times by greater protection for children’s products, to mittee on Finance. unanimous consent, and referred as in- improve the screening of noncompliant con- EC–5185. A communication from the Chief sumer products, to improve the effectiveness of the Publications and Regulations Branch, dicated: of consumer product recall programs, and for Internal Revenue Service, Department of the By Mr. MARTINEZ: other purposes; read the first time. Treasury, transmitting, pursuant to law, the S. 2655. A bill to provide relief for veterans By Mr. REID: report of a rule entitled ‘‘Time and Manner with a disability rated as total; to the Com- S. 2664. A bill to extend the provisions of for Electing Capital Asset Treatment for mittee on Finance under authority of the the Protect America Act of 2007; read the Certain Self-Created Musical Works’’ order of the Senate of 02/14/2008. first time. ((RIN1545–BG35)(TD 9379)) received on Feb- By Mr. SALAZAR: By Mr. REID: ruary 15, 2008; to the Committee on Finance. S. 2656. A bill to prohibit the transport of S. 2665. A bill to extend the provisions of EC–5186. A communication from the Assist- hydrolysate from the Pueblo Chemical the Protect America Act of 2007 until July 1, ant Secretary, Office of Legislative Affairs, Depot, Colorado, to an off-site location; to 2009; read the first time. Department of State, transmitting, pursuant the Committee on Armed Services under au- By Ms. CANTWELL (for herself, Mr. to law, the certification of a proposed tech- thority of the order of the Senate of 02/14/ SMITH, Mr. KERRY, Mr. COLEMAN, and nical assistance agreement for the export of 2008. Mr. SALAZAR): technical data in support of the sale of Si- By Mr, KERRY: S. 2666. A bill to amend the Internal Rev- korsky Model S–70A Helicopters for the S. 2657. A bill to require the Secretary of enue Code of 1986 to encourage investment in United Arab Emirates Armed Forces; to the Commerce to prescribe regulations to reduce affordable housing, and for other purposes; Committee on Foreign Relations. the incidence of vessels colliding with North to the Committee on Finance. Atlantic right whales by limiting the speed EC–5187. A communication from the Assist- f ant Legal Adviser for Treaty Affairs, Depart- of vessels, and for other purposes; to the ment of State, transmitting, pursuant to the Committee on Commerce, Science, and SUBMISSION OF CONCURRENT AND Case-Zablocki Act, 1 U.S.C. 112b, as amended, Transportation under authority of the order SENATE RESOLUTIONS the report of the texts and background state- of the Senate of 02/14/2008. The following concurrent resolutions ments of international agreements, other f than treaties (List 2008–10—2008–17); to the and Senate resolutions were read, and Committee on Foreign Relations. INTRODUCTION OF BILLS AND referred (or acted upon), as indicated: f JOINT RESOLUTIONS By Mr. DURBIN (for himself, Mr. OBAMA, and Mr. HATCH): REPORTS OF COMMITTEES The following bills and joint resolu- S. Res. 458. A resolution expressing the RECEIVED DURING ADJOURNMENT tions were introduced, read the first condolences of the Senate to those affected and second times by unanimous con- Under the authority of the order of by the devastating shooting incident of Feb- sent, and referred as indicated: ruary 14, 2008, at Northern Illinois University the Senate of February 14, 2008, the fol- By Mr. KERRY: in DeKalb, Illinois; considered and agreed to. lowing reports of committees were sub- By Mr. LUGAR (for himself and Mr. mitted on February 22, 2008: S. 2658. A bill to amend the Servicemembers Civil Relief Act to extend VOINOVICH): By Mr. LIEBERMAN, from the Committee from 90 days to one year the period after re- S. Res. 459. A resolution expressing the on Homeland Security and Governmental Af- lease of a member from the Armed Forces strong support of the Senate for the North fairs, with amendments: from active duty during which the member is Atlantic Treaty Organization to extend invi- S. 2324. A bill to amend the Inspector Gen- protected from mortgage foreclosure; to the tations for membership to Albania, Croatia, eral Act of 1978 (5 U.S.C. App.) to enhance Committee on Veterans’ Affairs. and Macedonia at the April 2008 Bucharest the Offices of the Inspectors General, to cre- By Mr. REID (for Mrs. CLINTON): Summit, and for other purposes; to the Com- ate a Council of the Inspectors General on S. 2659. A bill to amend the Robert T. Staf- mittee on Foreign Relations. Integrity and Efficiency, and for other pur- ford Disaster Relief and Emergency Assist- By Mr. REID (for himself and Mr. poses (Rept. No. 110–262). ance Act to ensure that all trailers or mobile MCCONNELL): f homes purchased by the Federal Emergency S. Res. 460. A resolution to authorize rep- Management Agency meet the safety stand- resentation by the Senate Legal Counsel in REPORTS OF COMMITTEES ards established by the Secretary of Housing the case of National Association of Manufac- The following reports of committees and Urban Development for housing used in turers v. Taylor, et al; considered and agreed were submitted: programs of the Department of Housing and to. By Mr. AKAKA, from the Committee on Urban Development; to the Committee on f Homeland Security and Governmental Af- Veterans’ Affairs, with amendments: ADDITIONAL COSPONSORS S. 2142. A bill to amend title 38, United fairs. States Code, to require the Secretary of Vet- By Mr. SANDERS (for himself, Ms. S. 22 erans Affairs to reimburse veterans receiving SNOWE, Mr. KERRY, Ms. COLLINS, Mr. At the request of Mr. WEBB, the name emergency treatment in non-Department of KENNEDY, and Mr. LEAHY): of the Senator from West Virginia (Mr. S. 2660. A bill to amend the Federal Power Veterans Affairs facilities for such treat- ROCKEFELLER) was added as a cospon- ment until such veterans are transferred to Act to ensure that the mission and functions of Regional Transmission Organizations and sor of S. 22, a bill to amend title 38, Department facilities, and for other purposes United States Code, to establish a pro- (Rept. No. 110–263). Independent System Operators include keep- By Mr. LEAHY, from the Committee on ing energy costs as low as reasonably pos- gram of educational assistance for the Judiciary, without amendment: sible for consumers, and for other purposes; members of the Armed Forces who S. 2450. A bill to amend the Federal Rules to the Committee on Energy and Natural Re- serve in the Armed Forces after Sep- of Evidence to address the waiver of the at- sources. tember 11, 2001, and for other purposes. By Ms. SNOWE (for herself, Mr. NEL- torney-client privilege and the work product S. 211 doctrine (Rept. No. 110–264). SON of Florida, and Mr. STEVENS): By Mr. INOUYE, from the Committee on S. 2661. A bill to prohibit the collection of At the request of Mrs. CLINTON, the Commerce, Science, and Transportation: identifying information of individuals by name of the Senator from Maryland Report to accompany S. 2045, a bill to re- false, fraudulent, or deceptive means (Mr. CARDIN) was added as a cosponsor form the Consumer Product Safety Commis- through the Internet, a practice known as of S. 211, a bill to facilitate nationwide sion to provide greater protection for chil- ‘‘phishing’’, to provide the Federal Trade availability of 2-1-1 telephone service dren’s products, to improve the screening of Commission the necessary authority to en- for information and referral on human noncompliant consumer products, to im- force such prohibition, and for other purposes; to the Committee on Commerce, services, volunteer services, and for prove the effectiveness of consumer product other purposes. recall programs, and for other purposes Science, and Transportation. (Rept. No. 110–265). By Mr. BAUCUS (for himself and Mr. S. 243 GREGG) (by request): f At the request of Mr. ENSIGN, the S. 2662. A bill to respond to a medicare name of the Senator from Tennessee funding warning; to the Committee on Fi- INTRODUCTION OF BILLS AND (Mr. CORKER) was added as a cosponsor nance. JOINT RESOLUTIONS RECEIVED of S. 243, a bill to improve patient ac- DURING RECESS By Mr. PRYOR (for himself, Mr. STE- VENS, Mr. INOUYE, Ms. COLLINS, Mr. cess to health care services and provide On February 15, 2008, under the au- NELSON of Florida, and Ms. improved medical care by reducing the thority of the order of the Senate of KLOBUCHAR): excessive burden the liability system

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1122 CONGRESSIONAL RECORD — SENATE February 25, 2008 places on the health care delivery sys- (Ms. KLOBUCHAR) was added as a co- Exploitation Prevention and Interdic- tem. sponsor of S. 1287, a bill to amend the tion within the Office of the Deputy S. 367 Internal Revenue Code of 1986 to allow Attorney General, to improve the At the request of Mr. DORGAN, the an offset against income tax refunds to Internet Crimes Against Children Task name of the Senator from Vermont pay for State judicial debts that are Force, to increase resources for re- (Mr. LEAHY) was added as a cosponsor past-due. gional computer forensic labs, and to of S. 367, a bill to amend the Tariff Act S. 1373 make other improvements to increase of 1930 to prohibit the import, export, At the request of Mr. PRYOR, the the ability of law enforcement agencies and sale of goods made with sweatshop name of the Senator from Delaware to investigate and prosecute predators. labor, and for other purposes. (Mr. CARPER) was added as a cosponsor S. 1901 S. 548 of S. 1373, a bill to provide grants and At the request of Mr. THUNE, the At the request of Mr. LEAHY, the loan guarantees for the development name of the Senator from South name of the Senator from Illinois (Mr. and construction of science parks to Dakota (Mr. JOHNSON) was added as a OBAMA) was added as a cosponsor of S. promote the clustering of innovation cosponsor of S. 1901, a bill to amend 548, a bill to amend the Internal Rev- through high technology activities. Public Law 98–513 to provide for the enue Code of 1986 to provide that a de- S. 1375 inheritance of small fractional inter- duction equal to fair market value At the request of Mr. MENENDEZ, the ests within the Lake Traverse Indian shall be allowed for charitable con- name of the Senator from New York Reservation. tributions of literary, musical, artistic, (Mrs. CLINTON) was added as a cospon- S. 1921 or scholarly compositions created by sor of S. 1375, a bill to ensure that new At the request of Mr. WEBB, the name the donor. mothers and their families are edu- of the Senator from Illinois (Mr. S. 718 cated about postpartum depression, OBAMA) was added as a cosponsor of S. At the request of Mr. DURBIN, the screened for symptoms, and provided 1921, a bill to amend the American Bat- name of the Senator from Rhode Island with essential services, and to increase tlefield Protection Act of 1996 to ex- (Mr. WHITEHOUSE) was added as a co- research at the National Institutes of tend the authorization for that Act, sponsor of S. 718, a bill to optimize the Health on postpartum depression. and for other purposes. delivery of critical care medicine and S. 1376 S. 2064 expand the critical care workforce. At the request of Mr. BINGAMAN, the At the request of Mr. DURBIN, the S. 950 name of the Senator from Michigan name of the Senator from California At the request of Ms. SNOWE, the (Ms. STABENOW) was added as a cospon- (Mrs. BOXER) was added as a cosponsor name of the Senator from Louisiana sor of S. 1376, a bill to amend the Pub- of S. 2064, a bill to fund comprehensive (Ms. LANDRIEU) was added as a cospon- lic Health Service Act to revise and ex- programs to ensure an adequate supply sor of S. 950, a bill to develop and main- pand the drug discount program under of nurses. tain an integrated system of coastal section 340B of such Act to improve the S. 2119 and ocean observations for the Nation’s provision of discounts on drug pur- At the request of Mr. JOHNSON, the coasts, oceans, and Great Lakes, to im- chases for certain safety net provides. names of the Senator from Arizona prove warnings of tsunami, hurricanes, (Mr. MCCAIN), the Senator from Illinois S. 1390 El Nino events, and other natural haz- (Mr. OBAMA) and the Senator from At the request of Mrs. CLINTON, the ards, to enhance homeland security, to Michigan (Mr. LEVIN) were added as co- name of the Senator from California support maritime operations, to im- sponsors of S. 2119, a bill to require the (Mrs. BOXER) was added as a cosponsor prove management of coastal and ma- Secretary of the Treasury to mint of S. 1390, a bill to provide for the rine resources, and for other purposes. coins in commemoration of veterans issuance of a ‘‘forever stamp’’ to honor S. 1001 who became disabled for life while the sacrifices of the brave men and At the request of Mrs. HUTCHISON, the serving in the Armed Forces of the women of the armed forces who have name of the Senator from West Vir- United States. been awarded the Purple Heart. ginia (Mr. BYRD) was added as a co- S. 2144 S. 1494 sponsor of S. 1001, a bill to restore Sec- At the request of Mr. COLEMAN, the ond Amendment rights in the District At the request of Mr. DORGAN, the name of the Senator from Pennsyl- name of the Senator from New York of Columbia. vania (Mr. SPECTER) was added as a co- (Mrs. CLINTON) was added as a cospon- S. 1125 sponsor of S. 2144, a bill to require the sor of S. 1494, a bill to amend the Pub- At the request of Mr. CONRAD, the Secretary of Energy to conduct a study name of the Senator from Pennsyl- lic Health Service Act to reauthorize of feasibility relating to the construc- the special diabetes programs for Type vania (Mr. SPECTER) was added as a co- tion and operation of pipelines and car- sponsor of S. 1125, a bill to amend the I diabetes and Indians under that Act. bon dioxide sequestration facilities, Internal Revenue Code of 1986 to pro- S. 1572 and for other purposes. vide incentives to encourage invest- At the request of Mr. BINGAMAN, the S. 2166 ment in the expansion of freight rail name of the Senator from Connecticut At the request of Mr. CASEY, the infrastructure capacity and to enhance (Mr. LIEBERMAN) was added as a co- name of the Senator from Missouri modal tax equity. sponsor of S. 1572, a bill to increase the (Mrs. MCCASKILL) was added as a co- S. 1161 number of well-trained mental health sponsor of S. 2166, a bill to provide for At the request of Mr. BINGAMAN, the service professionals (including those greater responsibility in lending and name of the Senator from Ohio (Mr. based in schools) providing clinical expanded cancellation of debts owed to BROWN) was added as a cosponsor of S. mental health care to children and ado- the United States and the inter- 1161, a bill to amend title XVIII of the lescents, and for other purposes. national financial institutions by low- Social Security Act to authorize the S. 1707 income countries, and for other pur- expansion of medicare coverage of med- At the request of Mrs. FEINSTEIN, the poses. ical nutrition therapy services. name of the Senator from Massachu- S. 2279 S. 1181 setts (Mr. KERRY) was added as a co- At the request of Mr. BIDEN, the At the request of Mr. REED, his name sponsor of S. 1707, a bill to reduce the names of the Senator from Delaware was added as a cosponsor of S. 1181, a duty on certain golf club components. (Mr. CARPER) and the Senator from bill to amend the Securities Exchange S. 1738 Rhode Island (Mr. WHITEHOUSE) were Act of 1934 to provide shareholders At the request of Mr. BIDEN, the added as cosponsors of S. 2279, a bill to with an advisory vote on executive names of the Senator from North Da- combat international violence against compensation. kota (Mr. DORGAN) and the Senator women and girls. S. 1287 from Alaska (Ms. MURKOWSKI) were S. 2314 At the request of Mr. SMITH, the added as cosponsors of S. 1738, a bill to At the request of Mr. SALAZAR, the name of the Senator from Minnesota establish a Special Counsel for Child name of the Senator from Maine (Ms.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1123 COLLINS) was added as a cosponsor of S. nalization of the outpatient Medicaid COLLINS) and the Senator from Hawaii 2314, a bill to amend the Internal Rev- rule making similar changes. (Mr. AKAKA) were added as cosponsors enue Code of 1986 to make geothermal S. 2510 of S. 2579, a bill to require the Sec- heat pump systems eligible for the en- At the request of Ms. LANDRIEU, the retary of the Treasury to mint coins in ergy credit and the residential energy name of the Senator from Michigan recognition and celebration of the es- efficient property credit, and for other (Mr. LEVIN) was added as a cosponsor of tablishment of the United States Army purposes. S. 2510, a bill to amend the Public in 1775, to honor the American soldier S. 2323 Health Service Act to provide revised of both today and yesterday, in war- At the request of Mr. KERRY, the standards for quality assurance in time and in peace, and to commemo- name of the Senator from Pennsyl- screening and evaluation of rate the traditions, history, and herit- vania (Mr. SPECTER) was added as a co- gynecologic cytology preparations, and age of the United States Army and its sponsor of S. 2323, a bill to provide for for other purposes. role in American society, from the co- the conduct of carbon capture and stor- S. 2523 lonial period to today. age technology research, development, At the request of Mr. KERRY, the S. 2595 and demonstration projects, and for names of the Senator from Illinois (Mr. At the request of Mrs. FEINSTEIN, the other purposes. DURBIN) and the Senator from Ohio name of the Senator from Colorado S. 2372 (Mr. BROWN) were added as cosponsors (Mr. SALAZAR) was added as a cospon- At the request of Mr. SMITH, the of S. 2523, a bill to establish the Na- sor of S. 2595, a bill to create a national name of the Senator from Florida (Mr. tional Affordable Housing Trust Fund licensing system for residential mort- NELSON) was added as a cosponsor of S. in the Treasury of the United States to gage loan originators, to develop min- 2372, a bill to amend the Harmonized provide for the construction, rehabili- imum standards of conduct to be en- Tariff Schedule of the United States to tation, and preservation of decent, forced by State regulators, and for modify the tariffs on certain footwear. safe, and affordable housing for low-in- other purposes. S. 2433 come families. S. 2596 At the request of Ms. SNOWE, her S. 2555 At the request of Mr. DEMINT, the name was added as a cosponsor of S. At the request of Mrs. BOXER, the name of the Senator from Nevada (Mr. 2433, a bill to require the President to name of the Senator from Illinois (Mr. ENSIGN) was added as a cosponsor of S. develop and implement a comprehen- DURBIN) was added as a cosponsor of S. 2596, a bill to rescind funds appro- sive strategy to further the United 2555, a bill to permit California and priated by the Consolidated Appropria- States foreign policy objective of pro- other States to effectively control tions Act, 2008, for the City of Berke- moting the reduction of global poverty, greenhouse gas emissions from motor ley, California, and any entities lo- the elimination of extreme global pov- vehicles, and for other purposes. cated in such city, and to provide that erty, and the achievement of the Mil- such funds shall be transferred to the S. 2560 lennium Development Goal of reducing Operation and Maintenance, Marine At the request of Mr. KERRY, the by one-half the proportion of people Corps account of the Department of name of the Senator from California worldwide, between 1990 and 2015, who Defense for the purposes of recruiting. (Mrs. BOXER) was added as a cosponsor live on less than $1 per day. S. 2618 of S. 2560, a bill to create the income S. 2439 security conditions and family sup- At the request of Ms. KLOBUCHAR, the At the request of Mr. MENENDEZ, the ports needed to ensure permanency for names of the Senator from Washington names of the Senator from Maine (Ms. the Nation’s unaccompanied youth, (Mrs. MURRAY) and the Senator from SNOWE) and the Senator from Illinois and for other purposes. California (Mrs. BOXER) were added as (Mr. OBAMA) were added as cosponsors cosponsors of S. 2618, a bill to amend S. 2569 of S. 2439, a bill to require the National the Public Health Service Act to pro- Incident Based Reporting System, the At the request of Mrs. BOXER, the vide for research with respect to var- Uniform Crime Reporting Program, names of the Senator from New York ious forms of muscular dystrophy, in- and the Law Enforcement National (Mrs. CLINTON) and the Senator from cluding Becker, congenital, distal, Data Exchange Program to list cruelty New Jersey (Mr. MENENDEZ) were added Duchenne, Emery-Dreifuss to animals as a separate offense cat- as cosponsors of S. 2569, a bill to amend Facioscapulohumeral, limb-girdle, egory. the Public Health Service Act to au- myotonic, and oculopharyngeal mus- thorize the Director of the National S. 2444 cular dystrophies. Cancer Institute to make grants for At the request of Mrs. MURRAY, the S. 2631 the discovery and validation of bio- name of the Senator from Maryland At the request of Mrs. FEINSTEIN, the markers for use in risk stratification (Ms. MIKULSKI) was added as a cospon- name of the Senator from Florida (Mr. for, and the early detection and screen- sor of S. 2444, a bill to direct the Sec- NELSON) was added as a cosponsor of S. ing of, ovarian cancer. retary of Education to provide grants 2631, a bill to award a congressional to establish and evaluate sustain- S. 2575 gold medal to Daw Aung San Suu Kyi ability programs, charged with devel- At the request of Mrs. HUTCHISON, the in recognition of her courageous and oping and implementing integrated en- name of the Senator from North Da- unwavering commitment to peace, non- vironmental, economic, and social sus- kota (Mr. DORGAN) was added as a co- violence, human rights, and democracy tainability initiatives, and to direct sponsor of S. 2575, a bill to amend title in Burma. the Secretary of Education to convene 38, United States Code, to remove cer- At the request of Mr. MCCONNELL, a summit of higher education experts tain limitations on the transfer of enti- the name of the Senator from Mis- in the area of sustainability. tlement to basic educational assistance sissippi (Mr. WICKER) was added as a S. 2460 under Montgomery GI Bill, and for cosponsor of S. 2631, supra. other purposes. At the request of Mr. BINGAMAN, the S. 2633 names of the Senator from Louisiana S. 2578 At the request of Mr. FEINGOLD, the (Ms. LANDRIEU) and the Senator from At the request of Mr. COLEMAN, the names of the Senator from Vermont New Mexico (Mr. DOMENICI) were added name of the Senator from Iowa (Mr. (Mr. LEAHY), the Senator from West as cosponsors of S. 2460, a bill to extend HARKIN) was added as a cosponsor of S. Virginia (Mr. BYRD), the Senator from by one year the moratorium on imple- 2578, a bill to temporarily delay appli- Ohio (Mr. BROWN), the Senator from mentation of a rule relating to the cation of proposed changes to Medicaid Iowa (Mr. HARKIN), the Senator from Il- Federal-State financial partnership payment rules for case management linois (Mr. DURBIN), the Senator from under Medicaid and the State Chil- and targeted case management serv- Oregon (Mr. WYDEN), the Senator from dren’s Health Insurance Program and ices. Rhode Island (Mr. WHITEHOUSE), the on finalization of a rule regarding grad- S. 2579 Senator from Vermont (Mr. SANDERS), uate medical education under Medicaid At the request of Mr. INOUYE, the the Senator from Connecticut (Mr. and to include a moratorium on the fi- names of the Senator from Maine (Ms. DODD), the Senator from New York

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1124 CONGRESSIONAL RECORD — SENATE February 25, 2008 (Mrs. CLINTON) and the Senator from STATEMENTS ON INTRODUCED fail to put adequate resources behind a California (Mrs. BOXER) were added as BILLS AND JOINT RESOLUTIONS program. But the law we passed last cosponsors of S. 2633, a bill to provide RECEIVED DURING RECESS year says that even if they miss the for the safe redeployment of United By Mr. SALAZAR: 2012 deadline, the Department of De- States troops from Iraq. S. 2656. A bill to prohibit the trans- fense shall complete work on the destruction of the entire stockpile of le- S. 2634 port of hydrolysate from the Pueblo Chemical Depot, Colorado, to an off- thal chemical agents and munitions ab- At the request of Mr. FEINGOLD, the site location; to the Committee on solutely no later than 2017. Every six names of the Senator from Iowa (Mr. Armed Services under authority of the months, the department has to report HARKIN), the Senator from Vermont order of the Senate of 02/14/2008. to Congress on the progress they are (Mr. LEAHY), the Senator from West Mr. SALAZAR. Mr. President, I rise making, what resources are needed, Virginia (Mr. BYRD), the Senator from today to introduce legislation that will and how much funding is programmed Ohio (Mr. BROWN), the Senator from Il- help us achieve swift and safe destruc- to fulfill this requirement. linois (Mr. OBAMA), the Senator from tion of the chemical weapons stored at For those of us who have been fight- California (Mrs. BOXER) and the Sen- the Pueblo Chemical Depot in Colo- ing this fight for the Pueblo site, the ator from New York (Mrs. CLINTON) rado. Congressman JOHN SALAZAR and hard deadline of 2017 is a dramatic im- were added as cosponsors of S. 2634, a Congressman MARK UDALL are intro- provement. At the pace that we were bill to require a report setting forth ducing similar legislation today in the moving under administration’s funding the global strategy of the United House. projections last year, destruction ac- States to combat and defeat al Qaeda The Pueblo Chemical Depot is home tivities there were expected to be com- and its affiliates. to 780,000 munitions filled with over pleted sometime in 2021. 2021. This is absurd, especially with DOD’s S. 2636 2,600 tons of liquid mustard agent— around 8.5 percent of the original U.S. own admission that with higher fund- At the request of Mr. REID, the chemical stockpile. The munitions sit ing levels they could complete destruc- names of the Senator from New Jersey in 96 high security igloos as they await tion at Pueblo a full five years earlier (Mr. LAUTENBERG), the Senator from disassembly and destruction. than that. Colorado (Mr. SALAZAR), the Senator The congressionally ratified Chem- I am proud that this 2017 deadline has from Illinois (Mr. DURBIN), the Senator ical Weapons Convention mandates been signed into law and I look forward from Washington (Mrs. MURRAY), the that these munitions be destroyed by to working with the Department of De- Senator from New York (Mr. SCHUMER), 2012. Unfortunately, the Department of fense to ensure that the U.S. Govern- the Senator from Connecticut (Mr. Defense is woefully behind in fulfilling ment meets this legal obligation. Unfortunately, we still have more DODD), the Senator from Massachusetts its responsibilities because it consist- work to do to see that these chemical (Mr. KERRY), the Senator from Cali- ently underfunds a program that is es- weapons are destroyed as swiftly and fornia (Mrs. BOXER), the Senator from sential to our national security and to safely as possible. For one thing, we Rhode Island (Mr. REED), the Senator the safety of nearby communities. from Illinois (Mr. OBAMA), the Senator Every year we have to fight to put will have to continue to hold DOD’s feet to the fire to ensure that they are from Maryland (Mr. CARDIN), the Sen- money back into the Assembled Chem- devoting adequate resources to chem- ator from California (Mrs. FEINSTEIN), ical Weapons Alternatives, ACWA, pro- the Senator from Massachusetts (Mr. ical weapons destruction. gram, the authority that is overseeing We will also have to work to help KENNEDY), the Senator from Con- the destruction operation at Pueblo necticut (Mr. LIEBERMAN), the Senator make the chemical weapons destruc- and at the Blue Grass Army Depot, in tion process proceed as smoothly, safe- from New York (Mrs. CLINTON), the Kentucky. But, thanks to Congres- Senator from New Jersey (Mr. MENEN- ly, and expeditiously as possible. This sional intervention, we have succeeded means watching to make sure that DEZ), the Senator from Rhode Island in getting the program moving. Last (Mr. WHITEHOUSE), the Senator from DOD does not get bogged down in bu- year Congress allocated over $400 mil- reaucracy or red tape that could cause Maryland (Ms. MIKULSKI) and the Sen- lion for weapons destruction at the ator from Minnesota (Ms. KLOBUCHAR) delays. Pueblo Chemical Depot and the Blue There is a real danger of this at the were added as cosponsors of S. 2636, a Grass Army Depot. I want to thank bill to provide needed housing reform. Pueblo Site, where the Department of Chairman LEVIN and Ranking Member Defense is yet again studying whether S. 2643 MCCAIN of the Armed Services Com- it should ship hydrolysate, a byproduct mittee, Chairman INOUYE and Ranking At the request of Mr. SUNUNU, his of neutralizing mustard agent, to an name was added as a cosponsor of S. Member STEVENS of the Defense Appro- off-site location for destruction. Hy- 2643, a bill to amend the Clean Air Act priations Subcommittee, and Chairman drolysate is a hazardous waste that to require the Administrator of the En- DORGAN and Ranking Member must be subjected to a biotreatment vironmental Protection Agency to pro- HUTCHISON of the Military Construc- process to make it non-hazardous. mulgate regulations to control haz- tion and Veterans Affairs Appropria- At Pueblo, they have already begun ardous air pollutant emissions from tions Subcommittee for all their help. construction of an on site biotreatment If you visit the Pueblo Chemical electric utility steam generating units. facility to neutralize the hydrolysate. Depot today, you will see that contrac- This is great news. It is the simplest S. 2650 tors have begun to lay the utilities and solution and, according to two recent At the request of Mr. SPECTER, the foundations for the processing facility studies, the fastest way to treat all the name of the Senator from New Mexico that will treat the agent. And you will hydrolysate. (Mr. DOMENICI) was added as a cospon- see that they have begun construction These two studies, completed in 2007, sor of S. 2650, a bill to provide for a 5- of the biotreatment facility, which will both concluded that shipping hydroly- year carryback of certain net operating treat the hydrolysate that is the by- sate off-site would yield few, if any, losses and to suspend the 90 percent al- product of the mustard neutralization cost-savings and would likely result in ternative minimum tax limit on cer- process. It is a welcome sight to finally litigation, strong public opposition, tain net operating losses. see earth moving. In addition to the and potential delays to chemical weap- funding that Congress restored in fiscal ons destruction. An analysis conducted S. RES. 454 year 2008 for chemical weapons destruc- by Mitretek found that ‘‘a decision for At the request of Mr. DURBIN, the tion, we also passed legislation to set a off-site treatment will probably result names of the Senator from Pennsyl- hard deadline of 2017 for the Depart- in litigation of the CD at Pueblo, re- vania (Mr. CASEY) and the Senator ment of Defense to complete all chem- sulting in extensive delays. Every from Rhode Island (Mr. WHITEHOUSE) ical weapons destruction activities. month of delay costs roughly $15–$16 were added as cosponsors of S. Res. 454, It is no secret that DOD is going to million. Any delay over 6 months, re- a resolution designating the month of miss the 2012 treaty deadline for weap- gardless of cause, would be expected to March 2008 as ‘‘MRSA Awareness ons destruction at Pueblo. That’s what erase all possible savings, even under Month’’. happens when you drag your feet and the most optimistic assumptions.’’

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1125 The report by Lean Six Sigma con- that, for example, in 2006, the unem- is protected from foreclosure. By excluded that off-site destruction would ployment rate for young veterans of tending the deadline to 1 year, I hope actually cost more and could result in the wars in Iraq and Afghanistan was we can take one small step to prevent as much as a five-year delay in chem- 15 percent, more than triple the na- future homelessness throughout the ical weapons destruction at Pueblo. tional average back then. We know veteran’s community. Given the conclusions of these recent that too many unemployed veterans If America’s leaders truly support studies on hydrolysate destruction, I are National Guard or Reserve troops our troops, we owe them more than a am perplexed that the Department is who were called to duty but found polite thank you and best wishes. We conducting yet another study on the when they came home that their old owe them action. We cannot tolerate a potential cost savings of hydrolysate jobs were gone, that they’d lost their pattern in Washington that has per- destruction. It is unclear to me what place in line in the local economy, or sisted for too long—provide lip service questions remain unanswered. These that the small businesses they’d left about supporting the troops but not studies clearly show that shipping hy- behind to serve overseas were in dire the lifesaving body armor they need; drolysate off-site raises risks of per- straits when they came home. talk a good game about veterans but mitting delays or litigation. With a We know these two challenges—the cut funding for their healthcare. It is 2017 deadline to meet, the Department homeless rates for veterans and the un- wrong, and it is time for it to end. We of Defense can’t afford a permitting employment numbers for veterans—de- should act now to ensure that those delay that sets the project off course. mand big solutions, and we are work- saddled with the burden of the mort- The bill I am introducing today is ing to provide them. gage crisis are not those who have car- very simple. It prohibits the Secretary But we should also know by now that ried the greatest responsibility for of Defense from shipping hydrolysate the least we can do is stop these prob- America overseas in the fight for free- at the Pueblo Chemical Depot off-site lems from becoming worse. We have dom. I urge my colleagues to support for treatment. This will ensure that seen a wave of foreclosures send a rip- this legislation. DOD can continue to proceed on its ple effect across the economy. By late Mr. President, I ask unanimous concurrent path toward treating hydroly- 2007, 2.5 million mortgages were in de- sent that the text of the bill be printed sate on-site. It will help the U.S. Gov- fault—a 40 percent increase from just 2 in the RECORD. ernment meet its legal obligation to years earlier. Last month, foreclosures There being no objection, the text of complete chemical weapons destruc- in Massachusetts alone were up 128 per- the bill was ordered to be printed in tion by 2017. And it will provide some cent from the previous January. In the RECORD, as follows: certainty to the communities that fact, in 2007 alone 1.6 million Ameri- S. 2658 have waited so long for these chemical cans defaulted on their home loans, Be it enacted by the Senate and House of Rep- weapons to be safely destroyed. and as many as 3.5 million more are ex- resentatives of the United States of America in We need to put this potentially cost- pected to do the same by mid–2010. Congress assembled, ly and dilatory issue behind us and pro- Every U.S. Senator would agree that SECTION 1. EXTENSION OF MORTGAGE FORE- CLOSURE PROTECTION PERIOD FOR ceed with the safe and swift destruc- the thought of our men and women in SERVICEMEMBERS. tion of our Nation’s stockpile of chem- uniform being thrown out of their (a) EXTENSION OF PROTECTION PERIOD.— ical weapons. homes because of mortgage fore- Subsection (c) of section 303 of the f closures is miles beyond unacceptable. Servicemembers Civil Relief Act (50 U.S.C. The question is, in the middle of a na- App. 533(c)) is amended by striking ‘‘90 days’’ STATEMENTS ON INTRODUCED tional housing crisis and a subprime and inserting ‘‘one year’’. BILLS AND JOINT RESOLUTIONS mortgage collapse, what can be done— (b) EXTENSION OF STAY OF PROCEEDINGS PE- RIOD.—Subsection (b) of such section (50 By Mr. KERRY: done at a minimum—to ensure that U.S.C. App. 533(b)) is amended by striking S. 2658. A bill to amend the Washington acts to shield veterans ‘‘90 days’’ and inserting ‘‘one year’’. Servicemembers Civil Relief Act to ex- from becoming the faces of the fore- (c) EFFECTIVE DATE.—The amendments tend from 90 days to one year the pe- closure crisis, and from making today’s made by this section shall apply with respect riod after release of a member from the Iraq and Afghanistan veterans the to individuals performing a period of mili- Armed Forces from active duty during faces of tomorrows’ homeless and job- tary service (as that term is defined in sec- which the member is protected from less populations. tion 101(3) of the Servicemembers Civil Re- We know that the soaring and stag- lief Act (50 U.S.C. App. 511(3))) that begins on mortgage foreclosure; to the Com- or after October 7, 2001. mittee on Veterans’ Affairs. gering foreclosure statistics are di- Mr. KERRY. Mr. President, in the rectly affecting Americans from all By Mr. SANDERS (for himself, Congress and in Washington these last walks of life, and our military is not Ms. SNOWE, Mr. KERRY, Ms. years, there has been a tragic dis- exempt from the pain. The least we can COLLINS, Mr. KENNEDY, and Mr. connect between the words spoken do today is make it clear that we will LEAHY): about keeping faith with those who pay some small measure of respect to S. 2660. A bill to amend the Federal wear the uniform of our country, and veterans by helping them avoid fore- Power Act to ensure that the mission the actions actually taken to make closure. They need more time and and functions of Regional Trans- those words count. greater flexibility as they return to ci- mission Organizations and Independent From the tragic conditions at Walter vilian life. The Commission on the Na- System Operators include keeping en- Reed to the backlog of claims at the tional Guard and Reserves has urged us ergy costs as low as reasonably pos- Veterans Administration, there has to take preventative action. The Com- sible for consumers, and for other pur- been a long list of problems mission found that the transition from poses; to the Committee on Energy and unaddressed—and of problems that military to civilian life extends well Natural Resources. arose because someone, somewhere beyond the current timelines which Mr. SANDERS. Mr. President, today didn’t plan ahead to prevent problems forces many service members to focus I am introducing legislation to help for those who sacrifice for all of us. their attention on imminent fore- protect consumers from high elec- Today we know from VA estimates closure instead of first locating a com- tricity prices that have followed de- that nearly 200,000 veterans are home- petitive job or addressing any mental regulation of electricity markets. I am less on any given night and that nearly or physical health concerns that they honored to have many of my colleagues 400,000 veterans experience homeless- may be facing. joining me in offering this legislation— ness over the course of a year—a na- That is why today I am introducing Senator SNOWE, Senator KERRY, Sen- tional disgrace to consider that in the commonsense legislation that would ator COLLINS, Senator KENNEDY, and richest country on the planet perhaps protect servicemembers and veterans Senator LEAHY. one out of every three homeless men involved in the wars in Iraq and Af- Market pricing of electricity prom- sleeping in a doorway, alley or box ghanistan by securing a longer grace ised to bring lower costs to consumers. once wore the uniform of our country. period for payment. My bill would ex- Unfortunately, consumers in organized We also know from the Bush adminis- tend the time from 90 days to 1 year market regions—those that have a Re- tration’s own U.S. Labor Department, the time period that a servicemember gional Transmission Organization or

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1126 CONGRESSIONAL RECORD — SENATE February 25, 2008 Independent System Operator, RTOs or sence of similar requirements with re- costs to consumers, as demonstrated by a ISOs as they are called—are experi- spect to other public utilities regulated cost-benefit analysis to be submitted by the encing just the opposite: substantial, by FERC. Transmission Organization to the Commis- across-the-board problems with spi- I believe these simple, commonsense sion; or ‘‘(B) have only a de minimus impact on the raling costs, unaccountable govern- issues, when posed by FERC to an RTO/ total delivered costs to consumer. ance, and a chronic lack of oversight. ISO that is seeking approval for a rate, ‘‘(4) BIENNIAL AUDITS.—The Commission Increasingly, RTOs/ISOs are adopting charge, or rule, will instill a much shall ensure that each Transmission Organi- questionable, unproven, and expensive stronger sense of cost accountability. zation is subject to biennial, independent au- market mechanisms, and there seems The bottom line, as I see it, is that this dits that— to be little interest at the Federal En- simple bill will likely yield substantial ‘‘(A) include— ergy Regulatory Commission, FERC, or benefits for consumers and for many ‘‘(i) an assessment of the performance of the RTOs/ISOs to question any of the regional economies. the Transmission Organization; and economic theories behind these mecha- I urge my colleagues to join me in ‘‘(ii) recommendations to lower the costs and improve the performance of the Trans- nisms. I note that on February 21, 2008, pushing for adoption of the Consumer mission Organization; and FERC finally took a step toward ac- Protection and Cost Accountability ‘‘(B) are made available to the public.’’. knowledging that the markets are not Act. (c) ANNUAL REPORTS.—Not later than 1 working by issuing a proposed rule Mr. President, I ask unanimous con- year after the date of enactment of this Act, that would address some concerns. I be- sent that the text of the bill be printed and annually thereafter, the Commission lieve, however, that the legislation I in the RECORD. shall submit to the appropriate committees am introducing today will focus FERC There being no objection, the text of of Congress a report describing each determination of the Commission with respect to on consumer issues, which were not the bill was ordered to be printed in whether each Transmission Organization adequately addressed in the proposed the RECORD, as follows: provides, or facilitates the provision of, reli- rule. S. 2660 able service at the lowest reasonable cost to The goal of lowering costs to con- consumers. Be it enacted by the Senate and House of Rep- sumers has been lost in the race to cre- resentatives of the United States of America in By Ms. SNOWE (for herself, Mr. ate competitive electricity markets. In Congress assembled, NELSON of Florida, and Mr. STE- fact, something as simple as keeping SECTION 1. SHORT TITLE. costs to consumers as low as reason- This Act may be cited as the ‘‘Consumer VENS): ably possible is not even part of the Protection and Cost Accountability Act’’. S. 2661. A bill to prohibit the collection of identifying information on indi- mandate, or mission statement, of any SEC. 2. REQUIREMENTS RELATING TO TRANS- of the Nation’s ISOs or RTOs! In New MISSION ORGANIZATIONS. viduals by false, fraudulent, or decep- England, we have seen what can hap- (a) DEFINITIONS.—In this Act: tive means through the Internet, a pen—there have been several instances (1) COMMISSION.—The term ‘‘Commission’’ practice known as ‘‘phishing’’, to pro- means the Federal Energy Regulatory Com- vide the Federal Trade Commission the in which ISO-New England has imple- mission. necessary authority to enforce such mented expensive market mechanisms, (2) LOWEST REASONABLE COST.—The term prohibition, and for other purposes; to over the objection of significant seg- ‘‘lowest reasonable cost’’ means the lowest the Committee on Commerce, Science, ments of electric stakeholders, without total delivered cost to consumers consistent with the provision of reliable service. and Transportation. either conducting a cost-benefit anal- Ms. SNOWE. Mr. President, I rise (3) TRANSMISSION ORGANIZATION.—The term ysis or comparing the costs of the pro- today to introduce legislation that fo- posed initiative with alternative means ‘‘Transmission Organization’’ has the meaning given the term in section 3 of the Federal cuses on eliminating online fraud and of achieving the desired results. identity theft that is facilitated Showing the strong interest in this Power Act (16 U.S.C. 796). (b) RATE AND CHARGES; SCHEDULES; SUS- through the use of phishing schemes, issue in the New England region, the PENSION OF NEW RATES.—Section 205 of the as well as deceptive and misleading do- legislation is supported by the North- Federal Power Act (16 U.S.C. 824d) is amend- main names. Phishing is a method of east Public Power Association, the ed by adding at the end the following: online identity theft that takes the ‘‘(g) REQUIREMENTS RELATING TO TRANS- Vermont Public Power Supply Author- form of fraudulent e-mails or fake Web ity, the Burlington Electric Depart- MISSION ORGANIZATIONS.— ‘‘(1) DEFINITION OF LOWEST REASONABLE sites in order to deceive the recipient ment, Kennebunk Light & Power Dis- into giving personal or financial ac- trict, the Massachusetts Municipal COST.—In this subsection, the term ‘lowest reasonable cost’ means the lowest total de- count information. In addition to vic- Wholesale Electric Company, Con- livered cost to consumers consistent with timizing unsuspecting consumers, necticut Municipal Electric Energy Co- the provision of reliable service. phishing scams maliciously exploit the operative, the Connecticut Office of ‘‘(2) CONSIDERATION OF TRANSMISSION ORGA- trust that legitimate businesses have Consumer Counsel, and the Pascoag NIZATION RATES.—With respect to deter- worked so hard to establish with con- Utility District. The Ohio Consumers’ mining whether a rate or charge made, de- sumers. Counsel, the Maryland Office of Peo- manded, or received (including any rule or The Anti-Phishing Consumer Protec- regulation promulgated by a Transmission ple’s Counsel, Electricity Consumers tion Act of 2008 would prohibit the Resource Council, and the Utility Con- Organization relating to a rate or charge made, demanded, or received) is consistent practice of phishing—the deceptive so- sumers’ Action Network support the with each requirement described in sub- licitation of a consumer’s personal in- legislation as well. section (a) or section 206, as applicable, the formation through the use of e-mails, The legislation I am introducing Commission shall consider whether the rate instant messages, and misleading Web today would refocus FERC on the con- or charge (including each rule or regulation sites that trick recipients into divulg- sumer cost impacts of RTO/ISO ac- relating to the rate or charge) would enable ing their information to identity tions. Consistent with existing law, the the Transmission Organization to provide, or thieves. The legislation would also pro- bill makes explicit that, when FERC facilitate the provision of, reliable service to hibit related abuses, such as the prac- consumers at the lowest reasonable cost. considers the lawfulness of RTO/ISO tice of using fraudulent or misleading rates, it must assess whether those ‘‘(3) CONSIDERATION OF TRANSMISSION ORGA- NIZATION RATE CHANGES.—In determining domain names, by defining them as de- rates will ensure that consumer costs whether any filing by a Transmission Orga- ceptive practices under the FTC Act. are as low as reasonably possible con- nization to establish or change a rate or Additionally, the legislation seeks to sistent with the provision of reliable charge made, demanded, or received (includ- solidify the integrity of domain name service. Also, in recognition of the ing any rule or regulation promulgated by a registration, a longtime goal for the uniquely important roles played by Transmission Organization relating to a rate Federal Trade Commission, by making RTOs and ISOs, this bill requires FERC or charge made, demanded, or received) is it illegal for a domain name registrant to make both goals—cost minimization consistent with each requirement described to provide false or misleading identi- and reliability—a part of each RTO or in subsection (a), the Commission shall consider whether the rate or charge (including fying contact information in a WHOIS ISO’s mission. These changes clarify each rule or regulation relating to the rate database when registering a domain and amplify existing law as applied to or charge) would— name. Too often law enforcement offi- these important organizations, but do ‘‘(A) provide consumer benefits that out- cials have been hindered in their pur- not alter, diminish, or imply an ab- weigh any anticipated direct or indirect suit of phishers and other online scams

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1127 because the person responsible is hid- targets of numerous phishing schemes as overpayments in the Medicare Ad- ing behind the anonymity of false reg- between now and then. Many of these vantage program—that exacerbate the istration information—this legislation scams involve official-looking e-mail problem. would put an end to that practice by messages that try to trick the recipi- While I am statutorily required to in- requiring accurate registration infor- ent into entering their personal infor- troduce the President’s Medicare bill mation about those that own Web sites mation at a fake IRS Web site by stat- at this time, I still fully intend to pur- and domain names that are used to ing in the e-mail that they are eligible sue real Medicare reform legislation in harm consumers. for a refund check. This is not the first the coming weeks. That bill will in- The reason it is imperative to ad- time the IRS identity has been misused crease access to preventive benefits dress this through legislation is be- for phishing scams, and it will continue and primary care, and will improve the cause online fraud and, more specifi- if we don’t do more to go after quality of care delivered under the pro- cally, phishing scams are running phishers. gram. I will also seek to help low-in- rampant. A December 2007 New York And this is what the Anti-Phishing come seniors with the costs of rising Times article reported that more than Consumer Protection Act of 2008 does. Medicare premiums, and to offer time- 3.5 million Americans lost money to It looks to make the Internet safer and ly, appropriate improvements for the phishing schemes and online identity more reliable. It also facilitates the prescription drug benefit. theft over a 12-month period ending in restoration of trust and consumer con- Beyond advancing a more realistic August 2007—this is a 57-percent in- fidence that has been eroded by the Medicare reform bill this year, I also crease over the previous year. The prevalence of deceptive e-mails and intend for the Finance Committee to total amount lost by the victims, $3.2 Web sites, which has, in part, mired the launch an aggressive look at com- billion dollars. The Anti-Phishing Internet from achieving its full poten- prehensive health care reform. Work- Working Group found, in November tial. That is why I sincerely hope that ing together, my colleagues and I will 2007, that 178 corporate identities and my colleagues join Senators BILL NEL- examine the underlying causes of ris- brands were hijacked and used for SON, STEVENS, and me in supporting the ing health care costs in the entire phishing scams, which is the highest critical legislation. health care system and explore solu- number ever reported. All of these fig- tions that can be the foundation for ures are very disconcerting and will By Mr. BAUCUS (for himself and system-wide reform—the only way only increase if we don’t put greater ef- Mr. GREGG) (by request): truly to control costs in the Medicare fort on curtailing this online fraud. S. 2662. a bill to respond to a Medi- program. Phishing and other forms of identity care funding warning; to the Com- I am required by law to introduce the theft continue to have a detrimental mittee on Finance. White House’s legislation on Medicare effect on e-commerce by eroding con- Mr. BAUCUS. Mr. President, under a today, but I am compelled by my com- sumers’ confidence in online trans- provision of the 2003 Medicare bill, the mitment to America’s seniors to insist actions. According to a 2007 Javelin Medicare trustees are required to de- on better solutions. Where the Presi- Strategy & Research study, 80 percent termine the point at which general rev- dent’s bill cobbles together ill-con- of Internet users are concerned about enues will finance at least 45 percent of ceived or premature proposals to check being victims of online identity theft. Medicare’s total outlays. If for 2 con- the box on curbing Medicare costs, I in- What is more, a 2006 Zogby Interactive secutive years, the trustees predict tend for the Senate to consider a care- poll found that 78 percent of small that this 45 percent threshold will be fully crafted, thoughtful package of business owners polled stated that a exceeded in the next 6 years, they are real improvements to the Medicare less reliable Internet would damage required to issue a ‘‘Medicare Funding program overall—and to spend the rest their business. While consumer con- Warning,’’ which they did last April. of this year preparing for a time when fidence is critical in any commerce ac- As a result, the law requires the Presi- real health reform is within our grasp. tivity, it is paramount for online trans- dent to submit and Congress to receive Working together, we can do better by actions. Phishing and other online a legislative proposal to reduce general America’s seniors. fraud activities directly undermine revenues as a share of total Medicare that vital trust. spending. By Mr. PRYOR (for himself, Mr. Phishing schemes aren’t just isolated The President has now submitted STEVENS, Mr. INOUYE, Ms. COL- to individuals and e-commerce. Compa- proposed legislation to Congress in re- LINS, Mr. NELSON of Florida, nies, organizations, and government sponse to the funding warning, and I and Ms. KLOBUCHAR): agencies are also targets. A form of am therefore required to introduce the S. 2663. A bill to reform the Con- phishing known as spear phishing tar- President’s proposal. So today, Senator sumer Product Safety Commission to gets these entities to gain unauthor- GREGG and I will introduce a bill to re- provide greater protection for chil- ized access to the organization’s com- spond to a Medicare funding warning. dren’s products, to improve the screen- puter system in order to steal financial But I do so while emphasizing that the ing of noncompliant consumer prod- information, trade secrets, or even top- President’s proposal, contained in this ucts, to improve the effectiveness of secret military information. The secu- very bill, is not the answer to the consumer product recall programs, and rity risks that phishing poses in the Medicare program’s problems. for other purposes; read the first time. world of cyberterrorism is very signifi- Everyone agrees that Medicare faces Mr. PRYOR. Mr. President, I ask cant. a serious long-term financing problem unanimous consent that the text of the But one doesn’t have to look to some that must be addressed. But the chal- bill be printed in the RECORD. distant country to find the origin of lenge facing Medicare is not what share There being no objection, the text of traditional phishing schemes. The of its funding comes from general reve- the bill was ordered to be placed in the United States only until recently was nues—the problem is rising health care RECORD, as follows: consistently the top country that costs in the health care system as a S. 2663 hosted the most phishing Web sites. whole. Medicare’s costs are increasing Be it enacted by the Senate and House of While China now holds that claim, the because costs throughout the health Representatives of the United States of America United States is a very close second— care system are skyrocketing. Address- in Congress assembled, hosting approximately 24 percent of ing the causes of these system-wide SECTION 1. SHORT TITLE; TABLE OF CONTENTS. phishing Web sites. So we can defini- costs will be the key to addressing (a) SHORT TITLE.—This Act may be cited tively do more within our borders to Medicare’s long-term financing. as the ‘‘CPSC Reform Act’’. make the Internet notably safer. With health care costs increasing (b) TABLE OF CONTENTS.—The table of Since President Bush signed the much faster than wages and inflation, contents for this Act is as follows: stimulus package into law earlier this Congress must find ways to control Sec. 1. Short title; table of contents. month, millions of Americans will be these rising costs in order to ensure Sec. 2. Amendment of Consumer Product expecting to receive tax rebate checks the long-term financial viability of the Safety Act. this May. But before those checks ar- Medicare program. We must also ad- Sec. 3. Reauthorization. rive, taxpayers should also expect to be dress current Medicare policies—such Sec. 4. Personnel.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0655 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1128 CONGRESSIONAL RECORD — SENATE February 25, 2008 Sec. 5. Full Commission requirement; in- ‘‘(a) There are authorized to be appro- the transaction of business for the 9-month terim quorum. priated to the Commission for the purpose of period beginning on the date of enactment of Sec. 6. Submission of copy of certain docu- carrying out the provisions of this Act and this Act. ments to congress. any other provision of law the Commission is SEC. 6. SUBMISSION OF COPY OF CERTAIN DOCU- Sec. 7. Public disclosure of information. authorized or directed to carry out— MENTS TO CONGRESS. Sec. 8. Rulemaking. ‘‘(1) $88,500,000 for fiscal year 2009; (a) IN GENERAL.—Notwithstanding any Sec. 9. Prohibition on stockpiling under ‘‘(2) $96,800,000 for fiscal year 2010; rule, regulation, or order to the contrary, other Commission-enforced ‘‘(3) $106,480,000 for fiscal year 2011; the Commission shall comply with the re- statutes. ‘‘(4) $117,128,000 for fiscal year 2012; quirements of section 27(k) of the Consumer Sec. 10. Third party certification of chil- ‘‘(5) $128,841,000 for fiscal year 2013; Product Safety Act (15 U.S.C. 2076(k)) with dren’s products. ‘‘(6) $141,725,000 for fiscal year 2014. respect to budget recommendations, legisla- Sec. 11. Tracking labels for products for ‘‘(7) $155,900,000 for fiscal year 2015. tive recommendations, testimony, and com- children. ‘‘(b) There are authorized to be appro- ments on legislation submitted by the Com- Sec. 12. Substantial product hazard report- priated to the Commission for the Office of mission to the President or the Office of ing requirement. Inspector General— Management and Budget after the date of en- Sec. 13. Corrective action plans. ‘‘(1) $1,600,000 for fiscal year 2009; actment of this Act. (b) REINSTATEMENT OF REQUIREMENT.— Sec. 14. Identification of manufacturer by ‘‘(2) $1,770,000 for fiscal year 2010; Section 3003(d) of Public Law 104–66 (31 importers, retailers, and dis- ‘‘(3) $1,936,000 for fiscal year 2011; U.S.C. 1113 note) is amended— tributors. ‘‘(4) $2,129,600 for fiscal year 2012; (1) by striking ‘‘or’’ after the semicolon Sec. 15. Prohibited acts. ‘‘(5) $2,342,560 for fiscal year 2013; in paragraph (31); Sec. 16. Penalties. ‘‘(6) $2,576,820 for fiscal year 2014; and (2) by redesignating paragraph (32) as Sec. 17. Preemption. ‘‘(7) $2,834,500 for fiscal year 2015. Sec. 18. Sharing of information with Fed- (33); and ‘‘(c) There are authorized to be appro- eral, State, local, and foreign (3) by inserting after paragraph (31) the priated to the Commission for the purpose of government agencies. following: renovation, repair, construction, equipping, Sec. 19. Financial responsibility. ‘‘(32) section 27(k) of the Consumer Prod- and making other necessary capital improve- Sec. 20. Enforcement by State attorneys uct Safety Act (15 U.S.C. 2076(k)); or’’. ments to the Commission’s research, devel- general. opment, and testing facility (including SEC. 7. PUBLIC DISCLOSURE OF INFORMATION. Sec. 21. Whistleblower protections. Section 6 (15 U.S.C. 2055) is amended— bringing the facility into compliance with Sec. 22. Ban on children’s products con- (1) by inserting ‘‘A manufacturer or pri- applicable environmental, safety, and acces- taining lead; lead paint rule. vate labeler shall submit any such mark sibility standards), $40,000,000 for fiscal years Sec. 23. Alternative measures of lead con- within 15 calendar days after the date on 2009 and 2010. tent. which it receives the Commission’s offer.’’ Sec. 24. Study of preventable injuries and ‘‘(d) There are authorized to be appropriated to the Commission for research, in after ‘‘paragraph (2).’’ in subsection (a)(3); deaths of minority children re- (2) by striking ‘‘30 days’’ in subsection lated to certain consumer prod- cooperation with the National Institute of Science and Technology, the Food and Drug (b)(1) and inserting ‘‘15 days’’; ucts. (3) by striking ‘‘finds that the public’’ in Sec. 25. Cost–benefit analysis under the Poi- Administration, and other relevant Federal agencies into safety issues related to the use subsection (b)(1) and inserting ‘‘publishes a son Prevention Packaging Act finding that the public’’; of 1970. of nanotechnology in consumer products, $1,000,000 for fiscal years 2009 and 2010.’’. (4) by striking ‘‘notice and publishes Sec. 26. Inspector general reports. such a finding in the Federal Register),’’ in Sec. 27. Public internet website links. SEC. 4. PERSONNEL. subsection (b)(1) and inserting ‘‘notice),’’; Sec. 28. Child-resistant portable gasoline (a) PROFESSIONAL STAFF.— (5) by striking ‘‘10 days’’ in subsection containers. (1) IN GENERAL.—The Consumer Product (b)(2) and inserting ‘‘5 days’’; Sec. 29. Toy safety standard. Safety Commission shall increase the num- (6) by striking ‘‘finds that the public’’ in Sec. 30. All-terrain vehicle safety standard. ber of fulltime personnel employed by the subsection (b)(2) and inserting ‘‘publishes a Sec. 31. Garage door opener standard. Commission to at least 500 by October 1, 2013, finding that the public’’; Sec. 32. Reducing deaths and injuries from subject to the availability of appropriations. (7) by striking ‘‘notice and publishes carbon monoxide poisoning. (2) PORTS OF ENTRY; OVERSEAS INSPEC- such a finding in the Federal Register.’’ in Sec. 33. Completion of cigarette lighter rule- TORS.—The Consumer Product Safety Com- subsection (b)(2) and inserting ‘‘notice.’’; making. mission shall hire at least 50 additional per- (8) in subsection (b)— Sec. 34. Consumer product registration sonnel to be assigned to duty stations at (A) by striking ‘‘(3)’’ and inserting forms. United States ports of entry, or to inspect ‘‘(3)(A)’’; and Sec. 35. Repeal. overseas production facilities, by October 1, (B) by adding at the end thereof the fol- Sec. 36. Consumer Product Safety Commis- 2010, subject to the availability of appropria- lowing: sion presence at National Tar- tions. ‘‘(B) If the Commission determines that geting Center of U.S. Customs (b) PROFESSIONAL CAREER PATH.—The the public health and safety requires expe- and Border Protection. Commission shall develop and implement a dited consideration of an action brought Sec. 37. Development of risk assessment professional career development program for under subparagraph (A), the Commission methodology to identify ship- professional staff to encourage retention of may file a request with the District Court ments of consumer products career personnel and provide professional de- for such expedited consideration. If the Com- that are likely to contain con- velopment opportunities for Commission em- mission files such a request, the District sumer products in violation of ployees. Court shall— safety standards. SEC. 5. FULL COMMISSION REQUIREMENT; IN- ‘‘(i) assign the matter for hearing at the Sec. 38. Seizure and destruction of imported TERIM QUORUM. earliest possible date; products in violation of con- (a) NUMBER OF COMMISSIONERS.— ‘‘(ii) give precedence to the matter, to sumer product safety standards. (1) IN GENERAL.—The Congress finds that the greatest extent practicable, over all Sec. 39. Database of manufacturing facilities it is necessary, in order for the Consumer other matters pending on the docket of the and suppliers involved in viola- Product Safety Commission to function ef- court at the time; tions of consumer product safe- fectively and carry out the purposes for ‘‘(iii) expedite consideration of the mat- ty standards. which the Consumer Product Safety Act was ter to the greatest extent practicable; and SEC. 2. AMENDMENT OF CONSUMER PRODUCT enacted, for the full complement of 5 mem- ‘‘(iv) grant or deny the requested injunc- SAFETY ACT. bers of the Commission to serve and partici- tion within 30 days after the date on which Except as otherwise expressly provided, pate in the business of the Commission and the Commission’s request was filed with the whenever in this Act an amendment or re- urges the President to nominate members to court.’’; peal is expressed in terms of an amendment fill any vacancy in the membership of the (9) by striking ‘‘section 19 (related to to, or repeal of, a section or other provision, Commission as expeditiously as practicable. prohibited acts);’’ in subsection (b)(4) and in- the reference shall be considered to be made (2) REPEAL OF LIMITATION.—Title III of serting ‘‘any consumer product safety rule or to a section or other provision of the Con- Public Law 102–389 is amended by striking provision of this Act or similar rule or provi- sumer Product Safety Act (15 U.S.C. 2051 et the first proviso in the item captioned ‘‘CON- sion of any other Act enforced by the Com- seq.). SUMER PRODUCT SAFETY COMMISSION, SALA- mission;’’; SEC. 3. REAUTHORIZATION. RIES AND EXPENSES’’ (15 U.S.C. 2053 note). (10) by striking ‘‘or’’ after the semicolon (a) IN GENERAL.—Section 32 (15 U.S.C. (b) TEMPORARY QUORUM.—Notwith- in subsection (b)(5)(B); 2081) is amended— standing section 4(d) of the Consumer Prod- (11) by striking ‘‘disclosure.’’ in sub- (1) by redesignating subsection (c) as sub- uct Safety Act (15 U.S.C. 2053(d)), 2 members section (b)(5)(C) and inserting ‘‘disclosure; section (e); and of the Consumer Product Safety Commis- or’’; (2) by striking subsections (a) and (b) and sion, if they are not affiliated with the same (12) by inserting in subsection (b)(5) after inserting the following: political party, shall constitute a quorum for subparagraph (C) the following:

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1129 ‘‘(D) the Commission publishes a finding (B) by striking ‘‘in the notice’’ in sub- 14(b) (15 U.S.C. 1264(c)(6)(D)(i) and 1273(b)) , that the public health and safety requires section (b) and inserting ‘‘in a notice’’; and inserting ‘‘Commission’’; public disclosure with a lesser period of no- (C) by striking ‘‘unless, not less than 60 (D) by striking ‘‘he’’ and ‘‘his’’ each tice than is required under paragraph (1).’’; days after publication of the notice required place they appear in reference to the Sec- (13) in the matter following subparagraph in subsection (a), the’’ in subsection (c) and retary and inserting ‘‘it’’ and ‘‘its’’, respec- (D) of subsection (b)(5) (as added by para- inserting ‘‘unless the’’; tively; graph (12) of this section), by striking ‘‘sec- (D) by striking ‘‘an advance notice of (E) by striking ‘‘Secretary of Health, tion 19(a),’’ and inserting ‘‘any consumer proposed rulemaking under subsection (a) re- Education, and Welfare’’ each place it ap- product safety rule or provision under this lating to the product involved,’’ in the third pears in section 10(b) (15 U.S.C. 1269(b)) and Act or similar rule or provision of any other sentence of subsection (c) and inserting ‘‘the inserting ‘‘Commission’’; Act enforced by the Commission,’’; and notice,’’; and (F) by striking ‘‘Secretary of Health, (14) by adding at the end of subsection (b) (E) by striking ‘‘Register.’’ in the matter Education, and Welfare’’ each place it ap- the following: following paragraph (4) of subsection (c) and pears in section 14 (15 U.S.C. 1273) and insert- ‘‘(9) PUBLICLY AVAILABLE DATABASE OF inserting ‘‘Register. Nothing in this sub- ing ‘‘Commission’’; REPORTED DEATHS, INJURIES, ILLNESS, AND section shall preclude any person from sub- (G) by striking ‘‘Department of Health, RISK OF SUCH INCIDENTS.— mitting an existing standard or portion of a Education, and Welfare’’ in section 14(b) (15 ‘‘(A) IN GENERAL.—Not later than 1 year standard as a proposed consumer product U.S.C. 1273(b)) and inserting ‘‘Commission’’; after the date of enactment of the CPSC Re- safety standard.’’. (H) by striking ‘‘Consumer Product Safe- form Act, the Commission shall establish (2) CONFORMING AMENDMENT.—Section ty Commission’’ each place it appears and in- and maintain a publicly available searchable 5(a)(3) (15 U.S.C. 2054(a)(3)) is amended by serting ‘‘Commission’’; database accessible on the Commission’s web striking ‘‘an advance notice of proposed rule- (I) by striking ‘‘(hereinafter in this sec- site. The database shall include any reports making or’’. tion referred to as the ‘Commission’)’’ in sec- of injuries, illness, death, or risk of such in- (b) RULEMAKING UNDER FEDERAL HAZ- tion 14(d) (15 U.S.C. 1273(d)) and section jury, illness, or death related to the use of ARDOUS SUBSTANCES ACT.— 20(a)(1) (15 U.S.C. 1275(a)(1)); and consumer products received by the Commis- (1) IN GENERAL.—Section 3(a) of the Fed- (J) by striking paragraph (5) of section sion from— eral Hazardous Substances Act (15 U.S.C. 18(b) (15 U.S.C. 1261 note). ‘‘(i) consumers; 1262(a)) is amended to read as follows: (c) RULEMAKING UNDER FLAMMABLE FAB- ‘‘(ii) local, State, or Federal government RICS ACT.— agencies; ‘‘(a) RULEMAKING.— (1) IN GENERAL.—Section 4 of the Flam- ‘‘(iii) health care professionals, including ‘‘(1) IN GENERAL.—Whenever in the judg- mable Fabrics Act (15 U.S.C. 1193) is amend- physicians, hospitals, and coroners; ment of the Commission such action will ed— ‘‘(iv) child service providers; promote the objectives of this Act by avoid- ‘‘(v) public safety entities, including po- ing or resolving uncertainty as to its appli- (A) by striking ‘‘shall be commenced’’ in lice and fire fighters; and cation, the Commission may by regulation subsection (g) and inserting ‘‘may be com- ‘‘(vi) other non-governmental sources, declare to be a hazardous substance, for the menced by a notice of proposed rulemaking other than information provided to the Com- purposes of this Act, any substance or mix- or’’; and mission by retailers, manufacturers, or pri- ture of substances, which it finds meets the (B) by striking ‘‘unless, not less than 60 vate labelers pursuant to a voluntary or re- requirements of section 2(f)(1)(A). days after publication of the notice required quired submission under section 15 or other ‘‘(2) PROCEDURE.—Proceedings for the in subsection (g), the’’ in subsection (i) and mandatory or voluntary program. issuance, amendment, or repeal of regula- inserting ‘‘unless the’’. ‘‘(B) ADDITIONAL CONTENTS.—In addition tions under this subsection and the admissi- (2) OTHER CONFORMING AMENDMENTS.— to the reports described in subparagraph (A), bility of the record of such proceedings in The Flammable Fabrics Act (15 U.S.C. 1193) the Commission may include in the database other proceedings, shall be governed by the is amended— any additional information it determines to provisions of subsections (f) through (i) of (A) by striking paragraph (i) of section 2 be in the public interest. this section.’’. (15 U.S.C. 1191(i)) and inserting the following: ‘‘(C) ORGANIZATION OF DATABASE.—The (2) PROCEDURE.—Section 2(q)(2) of the ‘‘(i) The term ‘Commission’ means the Commission shall categorize the information Federal Hazardous Substances Act (15 U.S.C. Consumer Product Safety Commission.’’; available on the database by date, product, 1261(q)(2)) is amended by striking ‘‘Pro- (B) by striking ‘‘Secretary of Commerce’’ manufacturer, the model of the product, and ceedings for the issuance, amendment, or re- each place it appears and inserting ‘‘Com- any other category the Commission deter- peal of regulations pursuant to clause (B) of mission’’; mines to be in the public interest. subparagraph (1) of this paragraph shall be (C) by striking ‘‘Secretary’’ each place it ‘‘(D) TIMING.—The Commission shall governed by the provisions of sections 701(e), appears and inserting ‘‘Commission’’, except make such reports available on the Commis- (f), and (g) of the Federal Food, Drug, and in sections 9 and 14 (15 U.S.C. 1198 and 1201); sion website no later than 15 days after the Cosmetic Act: Provided, That if’’ and insert- (D) by striking ‘‘he’’ and ‘‘his’’ each date on which they are received. ing ‘‘Proceedings for the issuance, amend- place they appear in reference to the Sec- ‘‘(E) REMOVAL OF INACCURATE OR INCOR- ment, or repeal of regulations pursuant to retary and inserting ‘‘it’’ and ‘‘its’’, respec- RECT INFORMATION.—If the Commission deter- clause (B) of subparagraph (1) of this para- tively; mines, after investigation, that information graph shall be governed by the provisions of (E) by striking paragraph (5) of section made available on the database is incorrect subsections (f) through (i) of section 3 of this 4(e) (15 U.S.C. 1193(e)) and redesignating the Commission shall promptly remove it Act, except that if’’. paragraph (6) as paragraph (5); from the database. (3) ANPR REQUIREMENT.—Section 3 of the (F) by striking ‘‘Consumer Product Safe- ‘‘(F) MANUFACTURER COMMENTS.—A man- Federal Hazardous Substances Act (15 U.S.C. ty Commission (hereinafter in this section ufacturer, private labeler, or retailer shall be 1262) is amended— referred to as the ‘Commission’)’’ in section given an opportunity to comment on any in- (A) by striking ‘‘shall be commenced’’ in 15 (15 U.S.C. 1202) and inserting ‘‘Commis- formation involving a product manufactured subsection (f) and inserting ‘‘may be com- sion’’; by that manufacturer, or distributed by that menced’’; (G) by striking section 16(d) (15 U.S.C. private labeler or retailer, as the case may (B) by striking ‘‘in the notice’’ in sub- 1203(d)) and inserting the following: be. Any such comments may be included in section (g)(1) and inserting ‘‘in a notice’’; ‘‘(d) In this section, a reference to a the database alongside the information in- and flammability standard or other regulation volving such product if requested by the (C) by striking ‘‘unless, not less than 60 for a fabric, related material, or product in manufacturer, private labeler, or retailer. days after publication of the notice required effect under this Act includes a standard of ‘‘(G) DISCLOSURE.—The Commission may in subsection (f), the’’ in subsection (h) and flammability continued in effect by section not disclose the names or addresses of con- inserting ‘‘unless the’’. 11 of the Act of December 14, 1967 (Public sumers pursuant to its authority under this (4) OTHER CONFORMING AMENDMENTS.— Law 90–189).’’; and subsection. The Federal Hazardous Substances Act (15 (H) by striking ‘‘Consumer Product Safe- ‘‘(H) APPLICATION WITH OTHER PROVI- U.S.C. 1261 et seq.) is amended— ty Commission’’ in section 17 (15 U.S.C. 1204) SIONS.—Subsection (a) and the preceding (A) by striking paragraphs (c) and (d) of and inserting ‘‘Commission’’. paragraphs of this subsection do not apply to section 2 and inserting the following: SEC. 9. PROHIBITION ON STOCKPILING UNDER the public disclosure of information received ‘‘(c) The term ‘Commission’ means the OTHER COMMISSION-ENFORCED by the Commission under subparagraph (A) Consumer Product Safety Commission.’’; STATUTES. of this paragraph.’’. (B) by striking ‘‘Secretary’’ each place it Section 9(g)(2) (15 U.S.C. 2058(g)(2)) is SEC. 8. RULEMAKING. appears and inserting ‘‘Commission’’ ex- amended— (a) ANPR REQUIREMENT.— cept— (1) by inserting ‘‘or to which a rule under (1) IN GENERAL.—Section 9 (15 U.S.C. 2058) (i) in section 10(b) (15 U.S.C. 1269(b)); any other law enforced by the Commission is amended— (ii) in section 14 (15 U.S.C. 1273); and applies,’’ after ‘‘applies,’’; and (A) by striking ‘‘shall be commenced’’ in (iii) in section 21(a) (15 U.S.C. 1276(a)); (2) by striking ‘‘consumer product safe- subsection (a) and inserting ‘‘may be com- (C) by striking ‘‘Department’’ each place ty’’ the second, third, and fourth places it menced’’; it appears, except in sections 5(c)(6)(D)(i) and appears.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1130 CONGRESSIONAL RECORD — SENATE February 25, 2008 SEC. 10. THIRD PARTY CERTIFICATION OF CHIL- to determine whether they meet the require- or controlled by the manufacturer or private DREN’S PRODUCTS. ments for certification; labeler as a third party laboratory if the (a) IN GENERAL.—Section 14(a) (15 U.S.C. ‘‘(iv) establish requirements for periodic Commission— 2063(a)) is amended— audits of third party laboratories by an inde- ‘‘(i) finds that certification of the labora- (1) by redesignating paragraph (2) as pendent standard-setting organization as a tory would provide equal or greater con- paragraph (5); condition for accreditation of such labora- sumer safety protection than the manufac- (2) by striking ‘‘Every manufacturer’’ in tories under this section; and turer’s use of an independent third party lab- paragraph (1) and inserting ‘‘Except as pro- ‘‘(v) establish a program by which manu- oratory; vided in paragraph (2), every manufacturer’’; facturers may label products as compliant ‘‘(ii) establishes procedures to ensure (3) by designating the second and third with the certification requirements of sub- that the laboratory is protected from undue sentences of subsection (a) as paragraphs (3) section (a)(2); and influence, including pressure to modify or and (4), respectively; ‘‘(B) may by rule extend the certification hide test results, by the manufacturer or pri- (4) by inserting after paragraph (1) the requirements of subsection (a)(2) to other vate labeler; and following: consumer products or to classes or cat- ‘‘(iii) establishes procedures for confiden- ‘‘(2) Beginning 60 days after the date on egories of consumer products. tial reporting of allegations of undue influ- which the Commission publishes notice of an ‘‘(2) INTERIM PROCEDURE.—Within 30 days ence to the Commission. interim procedure designated under sub- after the date of enactment of the CPSC Re- ‘‘(D) PROVISIONAL CERTIFICATION.— section (d)(2) of this section, every manufac- form Act, the Commission shall— ‘‘(i) IN GENERAL.—Upon application made turer, or its designee, of a children’s product ‘‘(A) consider existing laboratory testing to the Commission less than 1 year after the (and the private labeler, or its designee, of certification procedures established by inde- date of enactment of the CPSC Reform Act, such product if it bears a private label) man- pendent standard-setting organizations; and the Commission may provide provisional cer- ufactured or imported after such 60th day ‘‘(B) designate an existing procedure, or tification of a laboratory described in sub- that is subject to a children’s product safety existing procedures, for manufacturers of paragraph (C) of this paragraph, or a labora- standard shall— children’s products to follow until the Com- tory described in subparagraph (A) of this ‘‘(A) have the product tested by a third mission issues a final rule under paragraph paragraph, upon a showing that the labora- party laboratory qualified to perform such (1)(A). tory— tests or testing programs; and ‘‘(e) DEFINITIONS.—In this section: ‘‘(I) is certified under laboratory testing ‘‘(B) issue a certification which shall— ‘‘(1) CHILDREN’S PRODUCT.—The term certification procedures established by an ‘‘(i) certify that such product meets that ‘children’s product’ means a product (other independent standard-setting organization; standard; and than a medication, drug, or food) designed or or ‘‘(ii) specify the applicable children’s intended for use by, or care of, a child 7 ‘‘(II) provides consumer safety protection product safety standard.’’; years of age or younger that is introduced that is equal to or greater than that which (5) by striking ‘‘Such certificate shall’’ in into the interstate stream of commerce. In would be provided by use of an independent paragraph (3) as redesignated by paragraph determining whether a product is intended third party laboratory. (1) and inserting ‘‘A certificate required for use by a child 7 years of age or younger, ‘‘(ii) DEADLINE.—The Commission shall under this subsection shall’’; and the following factors shall be considered: grant or deny any such application within 45 (6) in paragraph (5), as redesignated by ‘‘(A) A statement by a manufacturer days after receiving the completed applica- paragraph (1)— about the intended use of such product, in- tion. (A) by striking ‘‘required by paragraph cluding a label on such product, if such ‘‘(iii) EXPIRATION.—Any such certifi- (1) of this subsection,’’ and inserting ‘‘re- statement is reasonable. cation shall expire 90 days after the date on quired by paragraph (1) or (2) (as the case ‘‘(B) Whether the product is represented which the Commission publishes final rules may be),’’; and in its packaging, display, promotion, or ad- under subsections (a)(2) and (d). vertising as appropriate for children 7 years (B) by striking ‘‘requirement under para- ‘‘(iv) ANTI-GAP PROVISION.—Within 45 graph (1)’’ and inserting ‘‘requirement under of age or younger. days after receiving a complete application paragraph (1) or (2) (as the case may be)’’. ‘‘(C) Whether the product is commonly for certification under the final rule pre- (b) TESTING PROGRAMS.—Section 14(b) (15 recognized by consumers as being intended scribed under subsections (a)(2) and (d) of U.S.C. 2063(b)) is amended— for use by a child 7 years of age or younger. this section from a laboratory provisionally ‘‘(D) The Age Determination Guidelines (1) by inserting ‘‘(1)’’ before the first sen- certified under this subparagraph, the Com- issued by the Commission in September 2002 tence; mission shall grant or deny the application if and any subsequent version of such Guide- (2) by designating the second sentence as the application is received by the Commis- line. paragraph (2); and sion no later than 45 days after the date on ‘‘(2) CHILDREN’S PRODUCT SAFETY STAND- (3) in paragraph (2), as so designated, by which the Commission publishes such final ARD.—The term ‘children’s product safety striking ‘‘Any test or’’ and inserting ‘‘Except rule. standard’ means a consumer product safety as provided in subsection (a)(2), any test or’’. ‘‘(E) DECERTIFICATION.—The Commission, rule or standard under this Act or any other (c) CHILDREN’S PRODUCTS; TESTING BY or an independent standard-setting organiza- Act enforced by the Commission, or a rule or INDEPENDENT THIRD LABORATORIES; CERTIFI- tion to which the Commission has delegated classification under this Act or any other CATION.—Section 14 (15 U.S.C. 2063) is amend- such authority, may decertify a third party Act enforced by the Commission declaring a ed by adding at the end the following: laboratory (including a laboratory certified ‘‘(d) APPLICATION TO OTHER CONSUMER consumer product to be a banned hazardous as a third party laboratory under subpara- PRODUCTS; CERTIFIER STANDARDS; AUDIT.— product or substance. graph (B) of this paragraph) if it finds, after ‘‘(1) IN GENERAL.—The Commission— ‘‘(3) THIRD PARTY LABORATORY.— notice and investigation, that a manufac- ‘‘(A) within 1 year after the date of en- ‘‘(A) IN GENERAL.—The term ‘third party turer or private labeler has exerted undue in- actment of the CPSC Reform Act shall by laboratory’ means a testing entity that— fluence on the laboratory.’’. rule— ‘‘(i) is designated by the Commission, or (d) CONFORMING AMENDMENTS.—Section ‘‘(i) establish protocols and standards— by an independent standard-setting organiza- 14(b) (15 U.S.C. 2063(b)) is amended— ‘‘(I) for acceptance of certification or tion to which the Commission qualifies as (1) by striking ‘‘consumer products which continuing guarantees of compliance by capable of making such a designation, as a are subject to consumer product safety manufacturers under this section; and testing laboratory that is competent to test standards’’ and inserting ‘‘a consumer prod- ‘‘(II) for verifying that products tested products for compliance with applicable safe- uct that is subject to a consumer product by third party laboratories comply with ap- ty standards under this Act and other Acts safety standard, a children’s product that is plicable standards under this Act and other enforced by the Commission; and subject to a children’s product safety stand- Acts enforced by the Commission; ‘‘(ii) except as provided in subparagraph ard, or either such product that is subject to ‘‘(ii) prescribe standards for accredita- (C), is a non-governmental entity that is not any other rule under this Act (or a similar tion of third party laboratories, either by owned, managed, or controlled by the manu- rule under any other Act enforced by the the Commission or by 1 or more independent facturer or private labeler. Commission)’’; and standard-setting organizations to which the ‘‘(B) TESTING AND CERTIFICATION OF ART MA- (2) by striking ‘‘, at the option of the per- Commission delegates authority, to engage TERIALS AND PRODUCTS.—A certifying organi- son required to certify the product,’’ and in- in certifying compliance under subsection zation (as defined in appendix A to section serting ‘‘be required by the Commission to’’. (a)(2) for children’s products or products to 1500.14(b)(8) of title 16, Code of Federal Regu- (e) LABEL AND CERTIFICATION.—Not later which the Commission extends the certifi- lations) meets the requirements of subpara- than 1 year after the date of enactment of cation requirements of that subsection; graph (A)(ii) with respect to the certification this Act, the Consumer Product Safety Com- ‘‘(iii) establish requirements, or delegate of art material and art products required mission shall prescribe a rule in accordance authority to 1 or more independent standard- under this section or by regulations issued with section 14(a)(5) and (d) of the Consumer setting organizations, for third party labora- under the Federal Hazardous Substances Product Safety Act (15 U.S.C. 2063(a)(5) and tory testing, as the Commission determines Act. (d)) for children’s products (as defined in sub- to be necessary to ensure compliance with ‘‘(C) FIREWALLED PROPRIETARY LABORA- section (e) of such section). any applicable rule or order, of random sam- TORIES.—Upon request, the Commission may (f) PROHIBITION ON IMPORTS OF CHIL- ples of products certified under this section certify a laboratory that is owned, managed, DREN’S PRODUCTS WITHOUT THIRD PARTY

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TESTING CERTIFICATION.—Section 17(a) (15 liar to consumer products, including any per- is directed elects:’’ and inserting ‘‘any one or U.S.C. 2066(a)) is amended— son who is in the business of manufacturing, more of the following actions it determines (1) by striking ‘‘or’’ at the end of para- selling, distributing, labeling, licensing, or to be in the public interest:’’; graph (4); otherwise placing in the stream of commerce (6) by indenting the sentence beginning (2) by striking ‘‘(g).’’ in paragraph (5) and consumer products; but ‘‘An order’’ and inserting ‘‘(2)’’ before ‘‘An inserting a ‘‘(g); or’’; and ‘‘(ii) do not include an individual whose order’’; (3) by adding at the end the following: selling activity is intermittent and does not (7) by striking ‘‘satisfactory to the Com- ‘‘(6) is a children’s product, as that term constitute a trade or business. mission,’’ and inserting ‘‘for approval by the is defined in section 14(e), or a product for ‘‘(2) ENFORCEMENT.—The requirement Commission,’’; which the Commission, under section under paragraph (1) shall be treated as a con- (8) by striking ‘‘described in paragraph 14(d)(1), has required certification under sec- sumer product safety standard promulgated (3).’’ and inserting ‘‘described in paragraph tion 14(a)(2), that is not accompanied by a under section 7 of the Consumer Product (1)(C).’’; and certificate from a third party as required by Safety Act (15 U.S.C. 2056). The publication (9) by adding at the end the following: section 14(a)(2).’’. or distribution of any advertisement that is ‘‘(3)(A) If the Commission approves an (g) CPSC CONSIDERATION OF EXISTING RE- not in compliance with paragraph (1) shall be action plan, it shall indicate its approval in QUIREMENTS.—In establishing standards for treated as a prohibited act under section 19 writing. laboratories certified to perform testing of such Act (15 U.S.C. 2068).’’. ‘‘(B) If the Commission finds that an ap- under section 14 of the Consumer Product (b) TRACKING LABELS FOR PRODUCTS FOR proved action plan is not effective, or that Safety Act, as amended by this section, the CHILDREN.—Section 14(a) of the Consumer the manufacturer, retailer, or distributor is Consumer Product Safety Commission may Product Safety Act (15 U.S.C. 2063(a)), as not executing an approved action plan effec- consider standards and protocols for certifi- amended by section 10(a) of this Act, is fur- tively, the Commission may by order amend, cation of such laboratories by independent ther amended by adding at the end thereof or require amendment of, the action plan. standard-setting organizations that are in ef- the following: ‘‘(C) If the Commission determines, after fect on the date of enactment of this Act, ‘‘(6) Effective 1 year after the date of en- notice and opportunity for comment, that a but shall ensure that the final rule pre- actment of the CPSC Reform Act, the manu- manufacturer, retailer, or distributor has scribed under subsections (a)(2) and (d) of facturer of a children’s product or other con- failed to comply substantially with its obli- that section incorporates, as the standard sumer product (as may be required by the gations under its action plan, the Commis- for certification, the most current scientific Commission in its discretion after a rule- sion may revoke its approval of the action and technological standards and techniques making proceeding) shall place distin- plan. The manufacturer, retailer, or dis- available. guishing marks on the product and its pack- tributor to which the action plan applies SEC. 11. TRACKING LABELS FOR PRODUCTS FOR aging, to the extent practicable, that will en- may not distribute the product to which the CHILDREN. able the ultimate purchaser to ascertain the action plan relates in commerce after receipt (a) LABELING REQUIREMENT FOR INTERNET manufacturer, production time period, and of notice of a revocation of the action plan.’’. AND CATALOGUE ADVERTISING OF CERTAIN cohort (including the batch, run number, or SEC. 14. IDENTIFICATION OF MANUFACTURER BY TOYS AND GAMES.—Section 24 of the Federal other identifying characteristic) of produc- IMPORTERS, RETAILERS, AND DIS- Hazardous Substances Act (15 U.S.C. 1278) is tion of the product by reference to those TRIBUTORS. amended— marks.’’. Section 16 (15 U.S.C. 2065) is amended by (1) by redesignating subsections (c) and (c) ADVERTISING, LABELING, AND PACK- adding at the end thereof the following: (d) as subsections (d) and (e), respectively; AGING REPRESENTATION.—Section 14(c) (15 ‘‘(c) Upon request by an officer or em- and U.S.C. 2063(c)) is amended— ployee duly designated by the Commission— (2) by inserting after subsection (b) the (1) by striking ‘‘(c) The’’ and inserting ‘‘(1) every importer, retailer, or dis- following: ‘‘(c)(1) The’’; tributor of a consumer product (or other ‘‘(c) INTERNET, CATALOGUE, AND OTHER (2) by striking ‘‘rule)—’’ and inserting product or substance over which the Com- ADVERTISING.— ‘‘rule):’’; mission has jurisdiction under this or any ‘‘(1) REQUIREMENT.— (3) by redesignating paragraphs (1), (2), other Act) shall identify the manufacturer of ‘‘(A) CAUTIONARY STATEMENT.—Any ad- and (3) as subparagraphs (A), (B), and (C), re- that product by name, address, or such other vertisement posted by a manufacturer, respectively; identifying information as the officer or em- tailer, distributor, private labeler, or licen- (4) by indenting the sentence beginning ployee may request to the extent that the in- sor for any toy, game, balloon, small ball, or ‘‘Such labels’’ and inserting ‘‘(2)’’ before formation is known, or can be determined, marble that requires a cautionary statement ‘‘Such labels’’; and by the importer, retailer, or distributor; and under subsections (a) and (b), including any (5) by adding at the end thereof the fol- ‘‘(2) every manufacturer shall identify by advertisement on Internet websites or in lowing: name, address, or such other identifying in- catalogues or other distributed materials, ‘‘(4) If an advertisement, label, or pack- formation as the officer or employee may re- shall include the appropriate cautionary age contains a reference to a consumer prod- quest— statement required under such subsections uct safety standard, a statement with re- ‘‘(A) each retailer or distributor to which in its entirety displayed on or immediately spect to whether the product meets all appli- it directly supplied a given consumer prod- adjacent to such advertisement. A manufac- cable requirements of that standard.’’. uct (or other product or substance over turer, distributor, private labeler, or licensor SEC. 12. SUBSTANTIAL PRODUCT HAZARD RE- which the Commission has jurisdiction under that uses a retailer to advertise a product PORTING REQUIREMENT. this or any other Act); shall inform the retailer of any cautionary Section 15(b) (15 U.S.C. 2064(b)) is amend- ‘‘(B) each subcontractor involved in the statement that may apply to such products ed— production or fabrication of such product or in any communication to the retailer that (1) by striking ‘‘consumer product dis- substance; and contains information about the products to tributed in commerce,’’ and inserting ‘‘con- ‘‘(C) each subcontractor from which it be advertised. The requirement imposed by sumer product (or other product or sub- obtained a component thereof.’’. the preceding sentence shall only apply to stance over which the Commission has juris- SEC. 15. PROHIBITED ACTS. advertisements by the retailer if the manu- diction under this or any other Act) distrib- (a) SALE OF RECALLED PRODUCTS.—Sec- facturer, importer, distributor, private label- uted in commerce,’’; tion 19(a) (15 U.S.C. 2068(a)) is amended— er, or licensor affirmatively informs the re- (2) by redesignating paragraphs (2) and (1) by striking paragraph (1) and insert- tailer that such cautionary statement is re- (3) as paragraphs (3) and (4), respectively; ing the following: quired for the product. and ‘‘(1) sell, offer for sale, manufacture for ‘‘(B) DISPLAY.—The cautionary state- (3) by inserting after paragraph (1) the sale, distribute in commerce, or import into ment described in subparagraph (A) shall be following: the United States any consumer product, or prominently displayed— ‘‘(2) fails to comply with any rule or other product or substance that is regulated ‘‘(i) in the primary language used in the standard promulgated by the Commission under this Act or any other Act enforced by advertisement, catalogue, or Internet under this or any other Act;’’. the Commission, that is— website; SEC. 13. CORRECTIVE ACTION PLANS. ‘‘(A) not in conformity with an applica- ‘‘(ii) in conspicuous and legible type in Section 15(d) (15 U.S.C. 2064(d)) is amend- ble consumer product safety standard under contrast by typography, layout, or color ed— this Act, or any similar rule under any such with other material printed or displayed in (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; other Act; such advertisement; and (2) by redesignating paragraphs (1), (2), ‘‘(B) subject to voluntary corrective ac- ‘‘(iii) in a manner consistent with part and (3) as subparagraphs (A), (B), and (C); tion taken by the manufacturer, in consulta- 1500 of title 16, Code of Federal Regulations. (3) by striking ‘‘more (A)’’ in subpara- tion with the Commission, of which action ‘‘(C) DEFINITIONS.—In this paragraph, the graph (C), as redesignated, and inserting the Commission has notified the public, but terms ‘manufacturer, retailer, distributor, ‘‘more (i)’’; only if the seller, distributor, or manufac- private labeler, and licensor’— (4) by striking ‘‘or (B)’’ in subparagraph turer knew or should have known of such ‘‘(i) mean any individual who, by such in- (C), as redesignated, and inserting ‘‘or (ii)’’; voluntary corrective action; or dividual’s occupation holds himself or her- (5) by striking ‘‘whichever of the fol- ‘‘(C) subject to an order issued under sec- self out as having knowledge or skill pecu- lowing actions the person to whom the order tion 12 or 15 of this Act, designated a banned

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1132 CONGRESSIONAL RECORD — SENATE February 25, 2008 hazardous substance under the Federal Haz- ardous Substances Act (15 U.S.C. 1261 et (A) by striking ‘‘$5,000’’ and inserting ardous Substances Act (15 U.S.C. 1261 et seq.); or ‘‘$250,000’’; seq.);’’; ‘‘(C) is subject to voluntary corrective (B) by striking ‘‘$1,250,000’’ each place it (2) by striking ‘‘or’’ after the semicolon action taken by the manufacturer, in con- appears and inserting ‘‘$20,000,000’’; and in paragraph (7); sultation with the Commission, of which ac- (C) by striking ‘‘December 1, 1994,’’ in (3) by striking ‘‘and’’ after the semicolon tion the Commission has notified the public paragraph (3)(B) and inserting ‘‘December 1, in paragraph (8); and that would have been subject to manda- 2011,’’. (4) by striking ‘‘insulation).’’ in para- tory corrective action under this or another (2) FEDERAL HAZARDOUS SUBSTANCES graph (9) and inserting ‘‘insulation);’’; and Act enforced by the Commission if voluntary ACT.—Section 5(c) of the Federal Hazardous (5) by striking ‘‘18(b).’’ in paragraph (10) corrective action had not been taken by the Substances Act (15 U.S.C. 1264(c)) is amend- and inserting ‘‘18(b); or’’. manufacturer. ed— (b) EXPORT OF RECALLED PRODUCTS.— ‘‘(2) The Commmission may permit the (A) by striking ‘‘$5,000’’ in paragraph (1) (1) IN GENERAL.—Section 18 (15 U.S.C. exportation of a fabric, related material, or and inserting ‘‘$250,000’’; 2067) is amended by adding at the end thereof product described in paragraph (1) if it meets (B) by striking ‘‘$1,250,000’’ each place it the following: applicable safety standards of the country to appears in paragraph (1) and inserting ‘‘(c) Notwithstanding any other provision which it is being exported.’’. ‘‘$20,000,000’’; and (c) FALSE CERTIFICATION OF COMPLIANCE of law, the Commission may prohibit a per- (C) by striking ‘‘December 1, 1994,’’ in WITH TESTING LABORATORY STANDARD.—Sec- son from exporting from the United States paragraph (6)(B) and inserting ‘‘December 1, tion 19(a) (15 U.S.C. 2068(a)), as amended by for purpose of sale any consumer product, or 2011,’’. subsection (b)(2) of this section, is further (3) FLAMMABLE FABRICS ACT.—Section other product or substance that is regulated amended— under this Act of any other Act enforced by 5(e) of the Flammable Fabrics Act (15 U.S.C. (1) by striking ‘‘or’’ after the semicolon 1194(e)) is amended— the Commission, that the Commission deter- in paragraph (11); (A) by striking ‘‘$5,000’’ in paragraph (1) mines, after notice to the manufacturer— (2) by striking ‘‘18(c).’’ in paragraph (12) and inserting ‘‘$250,000’’; ‘‘(1) is not in conformity with an applica- and inserting ‘‘18(c); or’’; and (B) by striking ‘‘$1,250,000’’ in paragraph ble consumer product safety standard under (3) by adding at the end thereof the fol- (1) and inserting ‘‘$20,000,000’’; and this Act or with a similar rule under any lowing: (C) by striking ‘‘December 1, 1994,’’ in such other Act and does not violate applica- ‘‘(13) sell, offer for sale, distribute in paragraph (5)(B) and inserting ‘‘December 1, ble safety standards established by the im- commerce, or import into the United States 2011,’’. porting country; any consumer product bearing a registered (4) MAXIMUM PENALTY FOR CERTAIN VIOLA- ‘‘(2) is subject to an order issued under safety certification mark owned by an ac- TIONS.—Section 20(a)(1) (15 U.S.C. 2069(a)), section 12 or 15 of this Act or designated as credited conformity assessment body, which section 5(c)(1) of the Federal Hazardous Sub- a banned hazardous substance under the Fed- mark is known, or should have been known, stances Act (15 U.S.C. 1264(c)), and section eral Hazardous Substances Act (15 U.S.C. 1261 by such person to be used in a manner unau- 5(e)(1) of the Flammable Fabrics Act (15 et seq.); or thorized by the owner of that certification U.S.C. 1194(e)) are each amended by inserting ‘‘(3) is subject to voluntary corrective ac- mark.’’. ‘‘The Commission shall impose civil pen- tion taken by the manufacturer, in consulta- (d) MISREPRESENTATION OF INFORMATION alties exceeding $10,000,000 under this para- tion with the Commission, of which action IN INVESTIGATION.—Section 19(a) (15 U.S.C. graph only when issuing a finding of aggra- the Commission has notified the public and 2068(a)), as amended by subsection (c) of this vated circumstances.’’ after ‘‘violations.’’. that would have been subject to mandatory section, is further amended— (b) CRIMINAL PENALTIES.— corrective action under this Act or any other (1) by striking ‘‘or’’ after the semicolon (1) IN GENERAL.—Section 21(a) (15 U.S.C. Act enforced by the Commission if voluntary in paragraph (12); 2070(a)) is amended to read as follows: corrective action had not been taken by the (2) by striking ‘‘false.’’ in paragraph (13) ‘‘(a) Violation of section 19 of this Act is manufacturer, except that the Commission and inserting ‘‘false; or’’; and punishable by— may permit such a product to be exported if (3) by adding at the end thereof the fol- ‘‘(1) imprisonment for not more than 5 it meets applicable safety standards estab- lowing: years for a knowing and willful violation of lished by the importing country.’’. ‘‘(14) misrepresent to any officer or em- that section; (2) PENALTY.—Section 19(a) (15 U.S.C. ployee of the Commission the scope of con- ‘‘(2) a fine determined under section 3571 of 2068(a)), as amended by subsection (a) of this sumer products subject to an action required title 18, United States Code; or section, is further amended— under section 12 or 15, or to make a material ‘‘(3) both.’’. (A) by striking ‘‘or’’ after the semicolon misrepresentation to such an officer or em- (2) DIRECTORS, OFFICERS, AND AGENTS.—Sec- in paragraph (10); ployee in the course of an investigation tion 21(b) (15 U.S.C. 2070(b)) is amended by (B) by striking ‘‘37.’’ in paragraph (11) under this Act or any other Act enforced by striking ‘‘19, and who has knowledge of no- and inserting ‘‘37; or’’; and the Commission.’’. tice of noncompliance received by the cor- (C) by adding at the end thereof the fol- (e) CERTIFICATES OF COMPLIANCE WITH poration from the Commission,’’ and insert- lowing: MANDATORY STANDARDS.—Section 19(a)(6) (15 ing ‘‘19’’. ‘‘(12) violate an order of the Commission U.S.C. 2068(a)(6)) is amended to read as fol- (3) UNDER THE FEDERAL HAZARDOUS SUB- under section 18(c).’’. lows: STANCES ACT.—Section 5(a) of the Federal (3) CONFORMING AMENDMENTS TO OTHER ‘‘(6) fail to furnish a certificate required Hazardous Substances Act (15 U.S.C. 1264(a)) ACTS.— by this Act or any other Act enforced by the is amended by striking ‘‘one year, or a fine (A) FEDERAL HAZARDOUS SUBSTANCES Commission, or to issue a false certificate if of not more than $3,000, or both such impris- ACT.—Section 5(b)(3) of the Federal Haz- such person in the exercise of due care has onment and fine.’’ and inserting ‘‘5 years, a ardous Substances Act (15 U.S.C. 1264(b)(3)) is reason to know that the certificate is false fine determined under section 3571 of title 18, amended by striking ‘‘substance presents an or misleading in any material respect; or to United States Code, or both.’’. unreasonable risk of injury to persons resid- fail to comply with any rule under section (4) UNDER THE FLAMMABLE FABRICS ACT.— ing in the United States,’’ and inserting 14(c);’’. Section 7 of the Flammable Fabrics Act (15 ‘‘substance is prohibited under section 18(c) (f) UNDUE INFLUENCE ON THIRD PARTY U.S.C. 1196) is amended to read as follows: of the Consumer Product Safety Act,’’. LABORATORIES.—Section 19(a) (15 U.S.C. ‘‘PENALTIES (B) FLAMMABLE FABRICS ACT.—Section 15 2068(a)), as amended by subsection (d) of this ‘‘SEC. 7. Violation of section 3 or 8(b) of of the Flammable Fabrics Act (15 U.S.C. 1202) section, is further amended— this Act, or failure to comply with section is amended by adding at the end thereof the (1) by striking ‘‘or’’ after the semicolon 15(c) of this Act, is punishable by— following: in paragraph (13); ‘‘(1) imprisonment for not more than 5 ‘‘(d)(1) Notwithstanding any other provi- (2) by striking ‘‘Commission.’’ in para- years for a knowing and willful violation of sion of law, except as provided in paragraph graph (14) and inserting ‘‘Commission; or’’; that section; (2), the Consumer Product Safety Commis- and ‘‘(2) a fine determined under section 3571 of sion may prohibit a person from exporting (3) by adding at the end thereof the fol- title 18, United States Code; or from the United States for purpose of sale lowing: ‘‘(3) both.’’. any fabric, related material, or product that ‘‘(15) exercise, or attempt to exercise, (c) CIVIL PENALTY CRITERIA.—Within 1 year the Commission determines, after notice to undue influence on a third party laboratory after the date of enactment of this Act, the the manufacturer— (as defined in section 14(e)(2)) with respect to Consumer Product Safety Commission shall ‘‘(A) is not in conformity with an appli- the testing, or reporting of the results of initiate a rulemaking in accordance with cable consumer product safety standard testing, of any product for compliance with a section 553 of title 5, United States Code, to under the Consumer Product Safety Act or standard under this Act or any other Act en- establish criteria for the imposition of civil with a rule under this Act; forced by the Commission.’’. penalties under section 20 of the Consumer ‘‘(B) is subject to an order issued under SEC. 16. PENALTIES. Product Safety Act (15 U.S.C. 2069) and any section 12 or 15 of the Consumer Product (a) CIVIL PENALTIES.— other Act enforced by the Commission, in- Safety Act or designated as a banned haz- (1) IN GENERAL.—Section 20(a) (15 U.S.C. cluding factors to be considered in estab- ardous substance under the Federal Haz- 2069(a)) is amended— lishing the amount of such penalties, such as

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1133 repeat violations, the precedential value of of 1979 (50 U.S.C. App. 2405(j)), has repeatedly (1) The table of contents is amended by prior adjudicated penalties, the factors de- provided support for acts of international striking the item relating to section 10 and scribed in section 20(b) of the Consumer terrorism, unless and until such determina- inserting the following: Product Safety Act (15 U.S.C. 2069(b)), and tion is rescinded pursuant to section 6(j)(4) of ‘‘Sec. 10. [Repealed].’’. other circumstances. that Act (50 U.S.C. App. 2405(j)(4)). (2) The table of contents is amended by in- (d) CRIMINAL PENALTIES TO INCLUDE ASSET ‘‘(2) Except as provided in paragraph (3) of serting after the item relating to section 34 FORFEITURE.—Section 21 (15 U.S.C. 2070) is this subsection, the Commission shall not be the following: amended by adding at the end thereof the required to disclose under section 552 of title ‘‘Sec. 35. Interim cellulose insulation safety following: 5, United States Code, or any other provision standard. ‘‘(c)(1) In addition to the penalties proof law— ‘‘Sec. 36. Congressional veto of consumer vided by subsection (a), the penalty for a ‘‘(A) any material obtained from a foreign product safety rules. criminal violation of this Act or any other government agency, if the foreign govern- ‘‘Sec. 37. Information reporting. Act enforced by the Commission may include ment agency has requested confidential ‘‘Sec. 38. Low-speed electric bicycles. the forfeiture of assets associated with the treatment, or has precluded such disclosure ‘‘Sec. 39. Financial responsibility.’’. violation. under other use limitations, as a condition of SEC. 20. ENFORCEMENT BY STATE ATTORNEYS ‘‘(2) In this subsection, the term ‘criminal providing the material; GENERAL. violation’ means a violation of this Act or ‘‘(B) any material reflecting a consumer (a) IN GENERAL.—The Act (15 U.S.C. 2051 et any other Act enforced by the Commission complaint obtained from any other foreign seq.) is amended by inserting after section 26 for which the violator is sentenced to pay a source, if the foreign source supplying the the following: fine, be imprisoned, or both.’’. material has requested confidential treat- ‘‘ENFORCEMENT BY STATE ATTORNEYS GENERAL SEC. 17. PREEMPTION. ment as a condition of providing the mate- ‘‘SEC. 26A. (a) Except as provided in sub- The provisions of sections 25 and 26 of the rial; or section (f), whenever the attorney general of Consumer Product Safety Act (15 U.S.C. 2074 ‘‘(C) any material reflecting a consumer a State has reason to believe that the inter- and 2075, respectively)), section 18 of the Fed- complaint submitted to a Commission re- ests of the residents of that State have been, eral Hazardous Substances Act (15 U.S.C. 1261 porting mechanism sponsored in part by for- or are being, threatened or adversely af- note), section 16 of the Flammable Fabrics eign government agencies. fected by a violation of any consumer prod- Act (15 U.S.C. 1203), and section 7 of the Poi- ‘‘(3) Nothing in this subsection shall au- uct safety rule, regulation, standard, certifi- son Packaging Prevention Act of 1970 (15 thorize the Commission to withhold informa- cation or labeling requirement, or order pre- U.S.C. 1476) establishing the extent to which tion from the Congress or prevent the Com- scribed under this Act or any other Act en- those Acts preempt, limit, or otherwise af- mission from complying with an order of a forced by the Commission (including the sale fect any other Federal, State, or local law, court of the United States in an action com- of a voluntarily or mandatorily recalled any rule, procedure, or regulation, or any menced by the United States or the Commis- product or of a banned hazardous substance cause of action under State or local law may sion. or product), the State, as parens patriae, may not be expanded or contracted in scope, or ‘‘(4) The Commission may terminate a bring a civil action on behalf of its residents limited, modified or extended in application, memorandum of understanding or other in an appropriate district court of the United by any rule or regulation thereunder, or by agreement with another agency if it deter- States to obtain injunctive relief provided reference in any preamble, statement of pol- mines that the other agency has not handled under such Act. icy, executive branch statements, or other information made available by the Commis- ‘‘(b) The State shall serve written notice to matter associated with the publication of sion under paragraph (1) or has failed to the Commission of any civil action under any such rule or regulation. maintain confidentiality with respect to the subsection (a) at least 60 days prior to initi- SEC. 18. SHARING OF INFORMATION WITH FED- information. ating such civil action. The notice shall in- ERAL, STATE, LOCAL, AND FOREIGN ‘‘(5) In this subsection, the term ‘foreign clude a copy of the complaint to be filed to GOVERNMENT AGENCIES. government agency’ means— initiate such civil action, except that if it is Section 29 (15 U.S.C. 2078) is amended by ‘‘(A) any agency or judicial authority of a not feasible for the State to provide such adding at the end thereof the following: foreign government, including a foreign prior notice, the State shall provide notice ‘‘(f)(1) The Commission may make infor- state, a political subdivision of a foreign immediately upon instituting such civil ac- mation obtained by the Commission under state, or a multinational organization con- tion. section 6 available to any Federal, State, stituted by and comprised of foreign states, ‘‘(c) Upon receiving the notice required by local, or foreign government agency upon that is vested with law enforcement or inves- subsection (b), the Commission may inter- the prior certification of an appropriate offi- tigative authority in civil, criminal, or ad- vene in such civil action and upon inter- cial of any such agency, either by a prior ministrative matters; and vening— agreement or memorandum of understanding ‘‘(B) any multinational organization, to ‘‘(1) be heard on all matters arising in such with the Commission or by other written the extent that it is acting on behalf of an civil action; and certification, that such material will be entity described in subparagraph (A).’’. ‘‘(2) file petitions for appeal of a decision maintained in confidence and will be used in such civil action. only for official law enforcement or con- SEC. 19. FINANCIAL RESPONSIBILITY. ‘‘(d) Nothing in this section shall prevent sumer protection purposes, if— (a) IN GENERAL.—The Act (15 U.S.C. 2051 et the attorney general of a State from exer- ‘‘(A) the agency has set forth a bona fide seq.) is amended by adding at the end thereof cising the powers conferred on the attorney legal basis for its authority to maintain the the following: general, or other authorized State officer, by material in confidence; ‘‘FINANCIAL RESPONSIBILITY the laws of such State. Nothing in this sec- ‘‘(B) the materials are to be used for pur- tion shall prohibit the attorney general of a poses of investigating, or engaging in en- ‘‘SEC. 39. (a) The Commission, in a rule- State, or other authorized State officer, from forcement proceedings related to, possible making proceeding, may establish proce- proceeding in State or Federal court on the violations of— dures to require the posting of an escrow, basis of an alleged violation of any civil or ‘‘(i) laws regulating the manufacture, im- proof of insurance, or security acceptable to criminal statute of that State. portation, distribution, or sale of defective the Commission by— ‘‘(e) In a civil action brought under sub- or unsafe consumer products, or other prac- ‘‘(1) a person that has committed multiple section (a)— tices substantially similar to practices pro- significant violations of this Act or any rule ‘‘(1) the venue shall be a judicial district in hibited by any law administered by the Com- or Act enforced by the Commission; which— mission; ‘‘(2) the manufacturer or distributor of a ‘‘(A) the manufacturer, distributor, or re- ‘‘(ii) a law administered by the Commis- category or class of consumer products; or tailer operates; or sion, if disclosure of the material would fur- ‘‘(3) the manufacturer or distributor of any ‘‘(B) the manufacturer, distributor, or re- ther a Commission investigation or enforce- consumer product or any product or sub- tailer is authorized to do business; ment proceeding; or stance regulated under any other Act en- ‘‘(2) process may be served without regard ‘‘(iii) with respect to a foreign law enforce- forced by the Commission. to the territorial limits of the district or of ment agency, with the approval of the Attor- ‘‘(b) AMOUNT.—The escrow, proof of insur- the State in which the civil action is insti- ney General, other foreign criminal laws, if ance, or security required by the Commis- tuted; and such foreign criminal laws are offenses de- sion under subsection (a) shall be in an ‘‘(3) a person who participated with a man- fined in or covered by a criminal mutual amount sufficient— ufacturer, distributor, or retailer in an al- legal assistance treaty in force between the ‘‘(1) to cover the costs of an effective recall leged violation that is being litigated in the government of the United States and the for- of the product or substance; or civil action may be joined in the civil action eign law enforcement agency’s government; ‘‘(2) to cover the costs of holding the prod- without regard to the residence of the per- and uct and the destruction of the product son. ‘‘(C) the foreign government agency is not should such action be required by the Com- ‘‘(f) If the Commission has instituted a from a foreign state that the Secretary of mission under this Act or any other act en- civil action or an administrative action for State has determined, in accordance with forced by the Commission.’’. violation of this Act or any other Act en- section 6(j) of the Export Administration Act (b) CONFORMING AMENDMENTS.— forced by the Commission, no State attorney

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Not later than 30 days after the the complaint, or within 90 days after receiv- against any defendant named in the com- date of notification of findings under this ing a written determination, the complain- plaint of the Commission for any violation of paragraph, either the person alleged to have ant may bring an action at law or equity for this Act alleged in the complaint. committed the violation or the complainant review in the appropriate district court of ‘‘(g) If the attorney general of the State may file objections to the findings or pre- the United States with jurisdiction, which prevails in any civil action under subsection liminary order, or both, and request a hear- shall have jurisdiction over such an action (a), it can recover reasonable costs and ating on the record. The filing of such objec- without regard to the amount in con- torney fees from the manufacturer, dis- tions shall not operate to stay any reinstate- troversy, and which action shall, at the re- tributor, or retailer.’’. ment remedy contained in the preliminary quest of either party to such action, be tried (b) CONFORMING AMENDMENT.—The table of order. Any such hearing shall be conducted by the court with a jury. The proceedings contents is amended by inserting after the expeditiously. If a hearing is not requested shall be governed by the same legal burdens item relating to section 26 the following: in such 30-day period, the preliminary order of proof specified in paragraph (2)(B). The ‘‘Sec. 26A. Enforcement by state attorneys shall be deemed a final order that is not sub- court shall have jurisdiction to grant all ap- general.’’. ject to judicial review. propriate relief to the employee available by SEC. 21. WHISTLEBLOWER PROTECTIONS. ‘‘(B)(i) The Secretary shall dismiss a com- law or equity, including injunctive relief, compensatory and consequential damages, (a) IN GENERAL.—The Act (15 U.S.C. 2051 et plaint filed under this subsection and shall seq.), as amended by section 19, is further not conduct an investigation otherwise re- reasonable attorneys and expert witness fees, amended by adding at the end the following: quired under subparagraph (A) unless the court costs, and punitive damages up to complainant makes a prima facie showing $250,000. ‘‘WHISTLEBLOWER PROTECTION that any behavior described in paragraphs (1) ‘‘(5)(A) Any person adversely affected or ‘‘SEC. 40. (a) No manufacturer, private la- through (4) of subsection (a) was a contrib- aggrieved by a final order issued under para- beler, distributor, or retailer, nor any Fed- uting factor in the unfavorable personnel ac- graph (3) may obtain review of the order in eral, State, or local government agency, may tion alleged in the complaint. the United States Court of Appeals for the discharge an employee or otherwise discrimi- ‘‘(ii) Notwithstanding a finding by the Sec- circuit in which the violation, with respect nate against an employee with respect to retary that the complainant has made the to which the order was issued, allegedly oc- compensation, terms, conditions, or privi- showing required under clause (i), no inves- curred or the circuit in which the complain- leges of employment because the employee, tigation otherwise required under subpara- ant resided on the date of such violation. whether at the employee’s initiative or in graph (A) shall be conducted if the employer The petition for review must be filed not the ordinary course of the employee’s duties demonstrates, by clear and convincing evi- later than 60 days after the date of the (or any person acting pursuant to a request dence, that the employer would have taken issuance of the final order of the Secretary. of the employee)— the same unfavorable personnel action in the Review shall conform to chapter 7 of title 5, ‘‘(1) provided, caused to be provided, or is absence of that behavior. United States Code. The commencement of about to provide or cause to be provided to ‘‘(iii) The Secretary may determine that a proceedings under this subparagraph shall the employer, the Federal Government, or violation of subsection (a) has occurred only not, unless ordered by the court, operate as the attorney general of a State information if the complainant demonstrates that any a stay of the order. relating to any violation of, or any act or behavior described in paragraphs (1) through ‘‘(B) An order of the Secretary with respect omission the employee reasonably believes (4) of subsection (a) was a contributing fac- to which review could have been obtained to be a violation of an order, regulation, tor in the unfavorable personnel action al- under subparagraph (A) shall not be subject rule, or other provision of this Act or any leged in the complaint. to judicial review in any criminal or other other Act enforced by the Commission; ‘‘(iv) Relief may not be ordered under sub- civil proceeding. ‘‘(2) testified or is about to testify in a pro- paragraph (A) if the employer demonstrates ‘‘(6) Whenever any person has failed to ceeding concerning such violation; by clear and convincing evidence that the comply with an order issued under paragraph ‘‘(3) assisted or participated or is about to employer would have taken the same unfa- (3), the Secretary may file a civil action in assist or participate in such a proceeding; or vorable personnel action in the absence of the United States district court for the dis- ‘‘(4) objected to, or refused to participate that behavior. trict in which the violation was found to in, any activity, policy, practice, or assigned ‘‘(3)(A) Not later than 120 days after the occur, or in the United States district court task that the employee (or other such per- date of conclusion of any hearing under para- for the District of Columbia, to enforce such son) reasonably believed to be in violation of graph (2), the Secretary shall issue a final order. In actions brought under this para- an order, regulation, rule, or other provision order providing the relief prescribed by this graph, the district courts shall have jurisdic- of this Act or any other Act enforced by the paragraph or denying the complaint. At any tion to grant all appropriate relief including, Commission. time before issuance of a final order, a pro- but not limited to, injunctive relief and com- ‘‘(b)(1) A person who believes that he or she ceeding under this subsection may be termi- pensatory damages. ‘‘(7)(A) A person on whose behalf an order has been discharged or otherwise discrimi- nated on the basis of a settlement agreement was issued under paragraph (3) may com- nated against by any person in violation of entered into by the Secretary, the complain- mence a civil action against the person to subsection (a) may, not later than 180 days ant, and the person alleged to have com- whom such order was issued to require com- after the date on which such violation oc- mitted the violation. pliance with such order. The appropriate curs, file (or have any person file on his or ‘‘(B) If, in response to a complaint filed United States district court shall have juris- her behalf) a complaint with the Secretary of under paragraph (1), the Secretary deter- diction, without regard to the amount in Labor alleging such discharge or discrimina- mines that a violation of subsection (a) has controversy or the citizenship of the parties, tion and identifying the person responsible occurred, the Secretary shall order the person who committed such violation— to enforce such order. for such act. Upon receipt of such a com- ‘‘(B) The court, in issuing any final order ‘‘(i) to take affirmative action to abate the plaint, the Secretary shall notify, in writing, under this paragraph, may award costs of violation; the person named in the complaint of the fil- litigation (including reasonable attorneys’ ing of the complaint, of the allegations con- ‘‘(ii) to reinstate the complainant to his or and expert witness fees) to any party when- tained in the complaint, of the substance of her former position together with compensa- ever the court determines such award is ap- evidence supporting the complaint, and of tion (including back pay) and restore the propriate. the opportunities that will be afforded to terms, conditions, and privileges associated ‘‘(c) Any nondiscretionary duty imposed by such person under paragraph (2). with his or her employment; and this section shall be enforceable in a man- ‘‘(2)(A) Not later than 60 days after the ‘‘(iii) to provide compensatory damages to damus proceeding brought under section 1361 date of receipt of a complaint filed under the complainant. of title 28, United States Code. paragraph (1) and after affording the com- If such an order is issued under this para- ‘‘(d) Subsection (a) shall not apply with re- plainant and the person named in the com- graph, the Secretary, at the request of the spect to an employee of a manufacturer, pri- plaint an opportunity to submit to the Sec- complainant, shall assess against the person vate labeler, distributor, or retailer who, retary a written response to the complaint against whom the order is issued a sum equal acting without direction from such manufac- and an opportunity to meet with a represent- to the aggregate amount of all costs and ex- turer, private labeler, distributor, or retailer ative of the Secretary to present statements penses (including attorneys’ and expert wit- (or such person’s agent), deliberately causes from witnesses, the Secretary shall initiate ness fees) reasonably incurred, as determined a violation of any requirement relating to an investigation and determine whether by the Secretary, by the complainant for, or any violation or alleged violation of any there is reasonable cause to believe that the in connection with, the bringing of the com- order, regulation, or consumer product safe- complaint has merit and notify, in writing, plaint upon which the order was issued. ty standard under this Act or any other law the complainant and the person alleged to ‘‘(C) If the Secretary finds that a com- enforced by the Commission.’’. have committed a violation of subsection (a) plaint under paragraph (1) is frivolous or has (b) CONFORMING AMENDMENT.—The table of of the Secretary’s findings. If the Secretary been brought in bad faith, the Secretary may contents, as amended by section 19 of this concludes that there is reasonable cause to award to the prevailing employer a reason- Act, is further amended by inserting after believe that a violation of subsection (a) has able attorneys’ fee, not exceeding $1,000, to the item relating to section 39 the following: occurred, the Secretary shall accompany the be paid by the complainant. ‘‘Sec. 40. Whistleblower protection.’’.

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SEC. 22. BAN ON CHILDREN’S PRODUCTS CON- section 1303.1 of its regulations (16 C.F.R. (1) IN GENERAL.—The Inspector General of TAINING LEAD; LEAD PAINT RULE. 1303.1) by substituting ‘‘0.009 percent’’ for the Consumer Product Safety Commission (a) IN GENERAL.—Beginning on the date ‘‘0.06 percent’’ in subsection (a) of that sec- shall conduct reviews and audits of imple- that is 1 year after the date of enactment of tion. mentation of the Consumer Product Safety this Act, any children’s product (as defined (f) APPLICATION WITH ASTM F963.—To the Act by the Commission, including— in section 14(e) of the Consumer Product extent that any standard or rule promul- (A) an assessment of the ability of the Safety Act (15 U.S.C. 2063(e))) that contains gated by the Consumer Product Safety Com- Commission to enforce subsections (a)(2) and lead shall be treated as a banned hazardous mission under this section (or any section of (d) of section 14 of the Act (15 U.S.C. 2063), as substance under the Federal Hazardous Sub- the Consumer Product Safety Act or any amended by section 10 of this Act, including stances Act (15 U.S.C. 1261 et seq.). other Act enforced by the Commission, as the ability of the Commission to enforce the (b) TRACE AMOUNTS OF LEAD.— such Acts are affected by this section) is in- prohibition on imports of children’s products (1) INITIAL STANDARD.—For purposes of sub- consistent with the ASTM F963 standard, without third party testing certification section (a), a children’s product shall be con- such promulgated standard or rule shall su- under section 17(a)(6) of the Act (15 U.S.C. sidered to contain lead if any part of the persede the ASTM F963 standard to the ex- 2066)(a)(6), as added by section 10 of this Act; product contains lead or lead compounds and tent of the inconsistency. (B) an assessment of the ability of the the lead content of such part (calculated as SEC. 23. ALTERNATIVE MEASURES OF LEAD CON- Commission to enforce section 14(a)(6) of the lead metal) is greater than 0.03 percent by TENT. Act (15 U.S.C. 2063(a)(6)), as added by section weight of the total weight of such part (or The Consumer Product Safety Commis- 11 of this Act, and section 16(c) of the Act, as such lesser amount as may be established by sion, in cooperation with the National Acad- added by section 14 of this Act; and the Commission by regulation). emy of Sciences and the National Institute (C) an audit of the Commission’s capital (2) REDUCED THRESHOLD.— of Standards and Technology, shall study the improvement efforts, including construction (A) IN GENERAL.—Beginning on the date feasibility of establishing a measurement of a new testing facility. standard based on a units-of-mass-per-area that is 3 years after the date of enactment of (2) ANNUAL REPORT.—The Inspector General this Act, paragraph (1) shall be applied by standard (similar to existing measurement shall submit an annual report, setting forth substituting ‘‘0.01 percent’’ for ‘‘0.03 percent’’ standards used by the Department of Hous- the Inspector General’s findings, conclu- unless the Consumer Product Safety Com- ing and Urban Development and the Environ- sions, and recommendations from the re- mental Protection Agency to measure for mission determines that a standard of 0.01 views and audits under paragraph (1), for metals in household paint and soil, respec- percent is not technologically feasible. The each of fiscal years 2009 through 2015 to the tively) that is statistically comparable to Commission may make such a determination Commission, the Senate Committee on Com- the parts-per-million measurement standard only after notice and a hearing and after merce, Science, and Transportation, and the currently used in laboratory analysis. analyzing the public health protections asso- House of Representatives Committee on En- ciated with substantially reducing lead in SEC. 24. STUDY OF PREVENTABLE INJURIES AND ergy and Commerce. children’s products. DEATHS OF MINORITY CHILDREN RELATED TO CERTAIN CONSUMER (b) EMPLOYEE COMPLAINTS.— (B) ALTERNATIVE REDUCTION.—If the Com- (1) IN GENERAL.—Within 1 year after the mission determines under subparagraph (A) PRODUCTS. (a) IN GENERAL.—Within 90 days after the date of enactment of this Act, the Inspector that the 0.01 percent standard is not techno- date of enactment of this Act, the Govern- General shall conduct a review of— logically feasible, the Commission shall, by ment Accountability Office shall initiate a (A) complaints received by the Inspector regulation, establish a lesser amount that is study to assess disparities in the risks and General from employees of the Commission the lowest amount of lead, lower than 0.03 incidence of preventable injuries and deaths about violations of rules or regulations of percent by weight, the Commission deter- among children of minority populations, in- the Consumer Product Safety Act or any mines to be technologically feasible to cluding Black, Hispanic, American Indian, other Act enforced by the Commission; and achieve. The amount of lead established by Alaskan Native, and Asian/Pacific Islander (B) the process by which corrective action the Commission under the preceding sen- children in the United States. plans are negotiated with such employees by tence shall be substituted for the 0.03 percent (b) REQUIREMENTS.—The study shall exam- the Commission, including an assessment of standard under paragraph (1) beginning on ine the racial disparities of the rates of pre- the length of time for these negotiations and the date that is 3 years after the date of en- ventable injuries and deaths related to suffo- the effectiveness of the plans. actment of this Act. cation, poisonings, and drowning including (2) REPORT.—The Inspector General shall (c) EXCEPTIONS.— those associated with the use of cribs, mat- submit a report, setting forth the Inspector (1) INACCESSIBLE COMPONENTS.—After no- tresses and bedding materials, swimming General’s findings, conclusions, and rec- tice and a hearing, the Commission may de- pools and spas, and toys and other products ommendations, to the Commission, the Sen- termine that subsection (a) does not apply to intended for use by children. ate Committee on Commerce, Science, and a component of a children’s product that is (c) REPORT.—Not later than 1 year after Transportation, and the House of Represent- not accessible to a child because it is not the date of enactment of this Act, the Com- atives Committee on Energy and Commerce. physically exposed by reason of a sealed cov- mission shall report its findings to the Sen- (c) LEAKS.— ering or casing and will not become phys- ate Commerce, Science, and Transportation (1) IN GENERAL.—Within 1 year after the ically exposed through normal and reason- Committee and the House of Representatives date of enactment of this Act, the Inspector ably foreseeable use and abuse of the prod- Energy and Commerce Committee. The re- General shall— uct. In making its determination under this port shall include— (A) conduct a review of whether, and to paragraph, the Commission may not consider (1) the Commission’s findings on the inci- what extent, there have been unauthorized paint, coatings, or electroplating to be a bar- dence of preventable risks of injury and and unlawful disclosures of information by rier that would render lead in the substrate death among children of minority popu- Members, officers, or employees of the Com- inaccessible to a child through normal and lations and recommendations for minimizing mission to persons not authorized to receive reasonably foreseeable use and abuse of the such increased risks; such information; and product. (2) recommendations for public outreach, (B) to the extent that such unauthorized (2) ELECTRONICS.—If the Commission deter- awareness, and prevention campaigns spe- and unlawful disclosures have occurred, de- mines that it is not feasible for certain elec- cifically aimed at racial minority popu- termine— tronic devices, including batteries, to com- lations; and (i) what class or kind of information was ply with subsection (a) at the time the regu- (3) recommendations for education initia- most frequently involved in such disclosures; lations take effect, the Commission shall, by tives that may reduce current statistical dis- and regulation— parities. (ii) how frequently such disclosures have (A) issue standards to reduce the exposure (d) AUTHORIZATION.—There are authorized occurred. of and accessibility to lead in such electronic to be appropriated to the Commission (2) REPORT.—The Inspector General shall devices; and $500,000 for purposes of carrying out this sec- submit a report, setting forth the Inspector (B) establish a schedule by which such tion for fiscal year 2009. General’s findings, conclusions, and rec- electronic devices shall be in full compliance SEC. 25. COST–BENEFIT ANALYSIS UNDER THE ommendations, to the Commission, the Sen- with the regulations prescribed under sub- POISON PREVENTION PACKAGING ate Committee on Commerce, Science, and section (a). ACT OF 1970. (d) REGULATIONS.—Notwithstanding the Section 3 of the Poison Prevention Pack- Transportation, and the House of Represent- provisions of subsection (b), the Commission aging Act of 1970 (15 U.S.C. 1472) is amended atives Committee on Energy and Commerce. may by regulation establish such lower by adding at the end thereof the following: SEC. 27. PUBLIC INTERNET WEBSITE LINKS. thresholds for lead content in children’s ‘‘(e) Nothing in this Act shall be construed Not later than 30 days after the date of en- products than those set forth in subsection to require the Secretary, in establishing a actment of this Act, the Consumer Product (b) as the Commission finds to be techno- standard under this section, to prepare a Safety Commission shall establish and main- logically feasible. comparison of the costs that would be in- tain— (e) PAINT STANDARD FOR ALL PRODUCTS.— curred in complying with such standard with (1) a direct link on the homepage of its Effective on the date that is 1 year after the the benefits of such standard.’’. Internet website to the Internet website of date of enactment of this Act, the Consumer SEC. 26. INSPECTOR GENERAL REPORTS. the Commission’s Office of Inspector Gen- Product Safety Commission shall modify (a) IMPLEMENTATION BY THE COMMISSION.— eral; and

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(2) a mechanism on the homepage of the (b) REVISIONS.—If more than 60 days after through the applicable consensus standards Office of Inspector General’s Internet the date of enactment of this Act, ASTM– development process after the date on which website by which individuals may anony- International proposes to revise Standard the product safety standard for all-terrain mously report cases of waste, fraud, or abuse F963–07, Consumer Safety Specifications for vehicles is published in the Federal Register, with respect to the Commission. Toy Safety, or a successor standard, it shall the American National Standards Institute SEC. 28. CHILD-RESISTANT PORTABLE GASOLINE notify the Commission of the proposed revi- shall notify the Commission of the revision. CONTAINERS. sion and the proposed revision shall be incor- ‘‘(2) COMMISSION ACTION.—Within 120 days (a) CONSUMER PRODUCT SAFETY RULE.— porated in the consumer product safety rule. after it receives notice of such a revision by (1) ESTABLISHMENT.—There is established, The revised standard shall be considered to the American National Standards Institute, as a consumer product safety rule promul- be a consumer product safety rule issued by the Commission shall issue a notice of pro- gated by the Commission in accordance with the Consumer Product Safety Commission posed rulemaking in accordance with section section 9 of the Consumer Product Safety under section 9 of the Consumer Product 553 of title 5, United States Code, to amend Act (15 U.S.C. 2058), a requirement that each Safety Act (15 U.S.C. 2058), effective 30 days the product safety standard for all-terrain portable gasoline container for sale in the after the date on which ASTM–International vehicles to include any such revision that United States shall conform to the child-re- notifies the Commission of the revision un- the Commission determines is reasonably resistance requirements for closures on port- less, within 60 days after receiving that no- lated to the safe performance of all-terrain able gasoline containers specified in the tice, the Commission notifies ASTM–Inter- vehicles, and notify the Institute of any pro- standard ASTM F2517-05, issued by ASTM national that it has determined that the provision it has determined not to be so related. International. posed revision does not improve the safety of The Commission shall promulgate an amend- (b) REVISION OF RULE.— the consumer product covered by the stand- ment to the standard for all-terrain vehicles (1) IN GENERAL.—Except as provided in ard. If the Commission so notifies ASTM– within 180 days after the date on which the paragraph (2), if, after the date of the enact- International with respect to a proposed re- notice of proposed rulemaking for the ment of this Act, ASTM International provision of the standard, the existing standard amendment is published in the Federal Reg- poses to revise the child resistance require- shall continue to be considered to be a con- ister. ments of ASTM F2517-05— sumer product safety rule without regard to ‘‘(3) UNREASONABLE RISK OF INJURY.—Not- (A) ASTM International shall notify the the proposed revision. withstanding any other provision of this Act, Commission of the proposed revision; and SEC. 30. ALL-TERRAIN VEHICLE SAFETY STAND- the Commission may, pursuant to sections 7 (B) the proposed revision shall be incor- ARD. and 9 of this Act, amend the product safety porated in the consumer product safety rule (a) IN GENERAL.—The Act (15 U.S.C. 2051 et standard for all-terrain vehicles to include established by subsection (a). seq.), as amended by section 21 of this Act, is any additional provision that the Commis- (2) EXCEPTION.—If, not later than 60 days further amended by adding at the end there- sion determines is reasonably necessary to after the date of the notice described in para- of the following: reduce an unreasonable risk of injury associ- graph (1)(A), the Commission notifies ASTM ‘‘ALL-TERRAIN VEHICLE SAFETY STANDARD ated with the performance of all-terrain vehicles. International that the Commission has de- ‘‘SEC. 41. (a) IN GENERAL.— ‘‘(4) CERTAIN PROVISIONS NOT APPLICABLE.— termined that such revision is inconsistent ‘‘(1) MANDATORY STANDARD.—Notwith- Sections 7, 9, 11, and 30(d) of this Act shall with subsection (a), the requirement of para- standing any other provision of law, within not apply to promulgation of any amend- graph (1)(B) shall not apply. 90 days after the date of enactment of the ment of the product safety standard under (c) IMPLEMENTING REGULATIONS.—With re- CPSC Reform Act the Commission shall pub- paragraph (2). Judicial review of any amend- spect to the promulgation of any regulations lish in the Federal Register as a mandatory ment of the standard under paragraph (2) by the Commission to implement the re- consumer product safety standard the Amer- shall be in accordance with chapter 7 of title quirements of this section— ican National Standard for Four Wheel All- 5, United States Code. (1) section 553 of title 5, United States Terrain Vehicles Equipment Configuration, Code, shall apply; and ‘‘(c) REQUIREMENTS FOR 3-WHEELED ALL- and Performance Requirements developed by TERRAIN VEHICLES.—Until a mandatory con- (2) sections 7 and 9 of the Consumer Prod- the Specialty Vehicle Institute of America uct Safety Act (15 U.S.C. 2056 and 2058) shall sumer product safety rule applicable to 3- (American National Standard ANSI/SVIA–1– wheeled all-terrain vehicles promulgated not apply. 2007). The standard shall take effect 150 days pursuant to this Act is in effect, new 3- (d) REPORT.—Not later than 2 years after after it is published. wheeled all-terrain vehicles may not be im- the date of enactment of this Act, the Com- ‘‘(2) COMPLIANCE WITH STANDARD.—After ported into or distributed in commerce in mission shall submit to the Senate Com- the standard takes effect, it shall be unlaw- the United States. Any violation of this sub- mittee on Commerce, Science, and Transpor- ful for any manufacturer or distributor to section shall be considered to be a violation tation and the House of Representatives import into or distribute in commerce in the of section 19(a)(1) of this Act and may also be Committee on Energy and Commerce a re- United States any new assembled or unas- enforced under section 17 of this Act. port on— sembled all-terrain vehicle unless— ‘‘(d) FURTHER PROCEEDINGS.— (1) the degree of industry compliance with ‘‘(A) the vehicle complies with each appli- ‘‘(1) DEADLINE.—The Commission shall the consumer product safety rule established cable provision of the standard; issue a final rule in its proceeding entitled by subsection (a); ‘‘(B) the vehicle is subject to an ATV ac- ‘Standards for All Terrain Vehicles and Ban (2) any enforcement actions brought by the tion plan filed with the Commission before of Three-wheeled All Terrain Vehicles’. Commission to enforce such rule; and the date of enactment of the CPSC Reform ‘‘(2) CATEGORIES OF YOUTH ATVS.—In the (3) incidents involving children interacting Act, or subsequently filed with and approved final rule, the Commission may provide for a with portable gasoline containers (including by the Commission, and bears a label certi- multiple factor method of categorization both those that are and are not in compli- fying such compliance and identifying the that, at a minimum, takes into account— ance with the rule established by subsection manufacturer, importer or private labeler ‘‘(A) the weight of the vehicle; (a)). and the ATV action plan to which it is sub- ‘‘(B) the maximum speed of the vehicle; (e) DEFINITIONS.—In this section: ject; and ‘‘(C) the velocity at which a vehicle of a (1) COMMISSION.—The term ‘‘Commission’’ ‘‘(C) the manufacturer or distributor is in given weight is traveling at the maximum means the Consumer Product Safety Com- compliance with all provisions of the appli- speed of the vehicle; mission. cable ATV action plan. ‘‘(D) the age of children for whose oper- (2) PORTABLE GASOLINE CONTAINER.—The ‘‘(3) VIOLATION.—The failure to comply ation the vehicle is designed or who may rea- term ‘‘portable gasoline container’’ means with any requirement of paragraph (2) shall sonably be expected to operate the vehicle; any portable gasoline container intended for be deemed to be a failure to comply with a and use by consumers. consumer product safety rule under this Act ‘‘(E) the average weight of children for (f) EFFECTIVE DATE.—The rule established and subject to all of the penalties and rem- whose operation the vehicle is designed or by subsection (a) shall apply to portable gas- edies available under this Act. who may reasonably be expected to operate oline containers manufactured on or after ‘‘(4) COMPLIANT MODELS WITH ADDITIONAL the vehicle. the date that is 6 months after the date of FEATURES.—Paragraph (2) shall not be con- ‘‘(e) DEFINITIONS.—In this section: enactment of this Act. strued to prohibit the distribution in inter- ‘‘(1) ALL-TERRAIN VEHICLE OR ATV.—The SEC. 29. TOY SAFETY STANDARD. state commerce of new all-terrain vehicles term ‘all-terrain vehicle’ or ‘ATV’ means— (a) IN GENERAL.—Beginning 60 days after that comply with the requirements of that ‘‘(A) any motorized, off-highway vehicle the date of enactment of this Act, ASTM– paragraph but also incorporate characteris- designed to travel on 3 or 4 wheels, having a International Standard F963–07, Consumer tics or components that are not covered by seat designed to be straddled by the operator Safety Specifications for Toy Safety, as it those requirements. Any such characteris- and handlebars for steering control; but exists on the date of enactment of this Act tics or components shall be subject to the re- ‘‘(B) does not include a prototype of a mo- shall be considered to be a consumer product quirements of section 15 of this Act. torized, off-highway, all-terrain vehicle or safety rule issued by the Consumer Product ‘‘(b) MODIFICATION OF ALL-TERRAIN VEHI- other motorized, off-highway, all-terrain ve- Safety Commission under section 9 of the CLE SAFETY STANDARD.— hicle that is intended exclusively for re- Consumer Product Safety Act (15 U.S.C. ‘‘(1) ANSI REVISIONS.—If the American Na- search and development purposes unless the 2058). tional Standard ANSI/SVIA–1–2007 is revised vehicle is offered for sale.

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‘‘(2) ATV ACTION PLAN.—The term ‘ATV ac- (1) IN GENERAL.—Not later than 1 year after (B) PERIOD OF MAINTENANCE.—Such rules tion plan’ means a written plan or letter of the date of enactment of this Act, the Com- shall require such manufacturers of durable undertaking that describes actions the man- mission shall, pursuant to its authority infant or toddler products to maintain the ufacturer or distributor agrees to take to under section 16(b) of the Consumer Product records described in subparagraph (A)(i) for a promote ATV safety, including rider train- Safety Act (15 U.S.C. 2065(b)), promulgate period of not less than 6 years after the date ing, dissemination of safety information, age final consumer product safety rules that re- of manufacture of the product concerned. recommendations, other policies governing quire manufacturers of durable infant or tod- (C) LIMITATION ON USE OF INFORMATION COL- marketing and sale of the vehicles, the mon- dler products— LECTED.—The rules promulgated under para- itoring of such sales, and other safety re- (A) in accordance with paragraph (2), to graph (1) shall prohibit manufacturers from lated measures, and that is substantially provide consumers with postage-paid con- using or disseminating to any other party similar to the plans described under the sumer registration forms with each such the information collected by the manufac- heading The Undertakings of the Companies product; turer under this subsection for any purpose in the Commission Notice published in the (B) in accordance with paragraph (5), to other than notification to the consumer con- Federal Register on September 9, 1998 (63 FR maintain a record of the names, addresses, e- cerned in the event of a product recall or 48199-48204).’’. mail addresses, and other contact informa- safety alert regarding the product concerned. (b) GAO STUDY.—The Comptroller General tion of consumers who register their owner- (D) RESERVATION.—Nothing in this section shall conduct a study of the utility, rec- ship of such products with the manufacturer requires a manufacturer to collect, retain, or reational, and other benefits of all-terrain in order to improve the effectiveness of man- use any information unless it is provided by vehicles to which section 38 of the Consumer ufacturer campaigns to recall such products; the consumer. Product Safety Act (15 U.S.C. 2085) applies, and (b) REPORT AND STUDY.—Not later than 4 and the costs associated with all-terrain ve- (C) to place permanently the manufacturer years after the date of enactment of this hicle-related accidents and injuries. name and contact information, model name Act, the Commission shall— (c) CONFORMING AMENDMENT.—The table of and number, and the date of manufacture on (1) conduct a study on the effectiveness of contents, as amended by section 21 of this each durable infant or toddler product. the rules promulgated under subsection (a) in facilitating product recalls; and Act, is further amended by inserting after (2) REQUIREMENTS FOR REGISTRATION (2) submit to Congress a report on the find- the item relating to section 40 the following: FORMS.— ings of the Commission with respect to the ‘‘Sec. 41. All-terrain vehicle safety stand- (A) IN GENERAL.—The registration forms ard.’’. required by paragraph (1)(A) shall provide study required by paragraph (1). (c) DEFINITIONS.—In this section: (d) EFFECTIVE DATE.—The amendment space sufficiently large to permit easy, leg- (1) COMMISSION.—The term ‘‘Commission’’ made by subsection (a) shall take effect 90 ible recording of the information specified in means the Consumer Product Safety Com- days after the date of enactment of this Act. subparagraph (B)(i). mission. SEC. 31. GARAGE DOOR OPENER STANDARD. (B) ELEMENTS.—Such forms shall include (2) DURABLE INFANT OR TODDLER PRODUCT.— Notwithstanding section 203(b) of the Con- the following: The term ‘‘durable infant or toddler prod- sumer Product Safety Improvement Act of (i) Spaces for a consumer to provide the uct’’ means a durable product intended for 1990 (15 U.S.C. 2056 note) or any amendment following: use by, or that may be reasonably expected by the American National Standards Insti- (I) The consumer’s name. to be used by, children younger than the age tute and Underwriters Laboratories, Inc. of (II) The consumer’s postal address. of 5 years, including the following: its Standards for Safety–UL 325, all auto- (III) The consumer’s telephone number. (A) Full-size cribs and nonfull-size cribs. matic garage door openers that directly (IV) The consumer’s e-mail address. (B) Toddler beds. drive the door in the closing direction that (ii) The manufacturer’s name. (C) High chairs, booster chairs, and hook- are manufactured more than 6 months after (iii) The model name and number for the on chairs. the date of enactment of this Act shall in- product. (D) Bath seats. clude an external secondary entrapment pro- (iv) The date of manufacture of the prod- (E) Gates and other enclosures for con- tection device that does not require contact uct. fining a child. with a person or object for the garage door (v) A message that— (F) Play yards. to reverse. (I) explains the purpose of the registration; (G) Stationary activity centers. and SEC. 32. REDUCING DEATHS AND INJURIES FROM (H) Infant carriers. CARBON MONOXIDE POISONING. (II) is designed to encourage consumers to (I) Strollers. (a) IN GENERAL.—The Consumer Product complete the registration. (J) Walkers. Safety Commission shall issue a final rule in (vi) A statement that information provided (K) Swings. its proceeding entitled ‘‘Portable Genera- by the consumer shall not be used for any (L) Bassinets and cradles. tors’’ for which the Commission issued an purpose other than to facilitate a recall of or advance notice of proposed rulemaking on safety alert regarding that product. SEC. 35. REPEAL. December 12, 2006 (71 Fed. Reg. 74472), no (vii) A message that explains the option to Section 30 (15 U.S.C. 2079) is amended by striking subsection (d) and redesignating later than 18 months after the date of enact- register via the Internet, as required by subsections (e) and (f) as subsections (d) and ment of this Act. paragraph (4). (e), respectively. (b) REPORT.—Not later than 120 days after (C) PLACEMENT.—Such form shall be at- the date of enactment of this Act, the Con- tached to the surface of each durable infant SEC. 36. CONSUMER PRODUCT SAFETY COMMIS- sumer Product Safety Commission shall sub- SION PRESENCE AT NATIONAL TAR- or toddler product so that, as a practical GETING CENTER OF U.S. CUSTOMS mit a report to the Senate Committee on matter, the consumer will notice and handle AND BORDER PROTECTION. Commerce, Science, and Transportation the form after purchasing the product. (a) IN GENERAL.—Except as provided in that— (3) TEXT AND FORMAT OF REGISTRATION subsection (c), not later than 6 months after (1) reviews the effectiveness of its labeling FORMS.—In promulgating regulations under the date of the enactment of this Act, the requirements for charcoal briquettes (16 paragraph (1), the Commission may prescribe Consumer Product Safety Commission shall C.F.R. 1500.14(b)(6)) during the windstorm the exact text and format of such form. enter into a memorandum of understanding that struck the Pacific Northwest beginning (4) INTERNET REGISTRATION.—In promul- with the Secretary of Homeland Security for on December 14, 2006; gating regulations under paragraph (1), the the assignment by the Commission of not (2) identifies any specific challenges faced Commission shall require manufacturers of less than 1 full-time equivalent personnel to by non-English speaking populations with durable infant or toddler products to provide work at the National Targeting Center of use of the current standards; and a mechanism for consumers to submit to the U.S. Customs and Border Protection. (3) contains recommendations for improv- manufacturer via the Internet electronic (b) RESPONSIBILITIES.—Any personnel as- ing the labels on charcoal briquettes. versions of the registration forms required signed under subsection (a) shall, in coopera- SEC. 33. COMPLETION OF CIGARETTE LIGHTER by paragraph (1)(A). tion with other personnel working at the Na- RULEMAKING. (5) RECORD KEEPING AND NOTIFICATION RE- tional Targeting Center, identify products, The Consumer Product Safety Commission QUIREMENTS.— before such products are imported into the shall issue a final rule mandating general (A) IN GENERAL.—The rules promulgated customs territory of the United States, safety standards for cigarette lighters in its under paragraph (1) shall require each manu- that— proceedings entitled ‘‘Safety Standard for facturer of a durable infant or toddler prod- (1) are intended for importation into such cigarette Lighters’’ for which the Commis- uct— customs territory; and sion issued an advance notice of proposed (i) to maintain a record of consumers who (2) pose a high risk to consumer safety. rulemaking on April 11, 2005 (68 Fed. Reg. register for such product that includes all of (c) WAIVER.—The Consumer Product Safety 11339) no later than 24 months after the date the information provided by such consumers; Commission may waive the requirement of of enactment of this Act. and subsection (a) if the Commission determines SEC. 34. CONSUMER PRODUCT REGISTRATION (ii) to use such information to notify such that an assignment under subsection (a) FORMS. consumers in the event of a voluntary or in- would not improve the effectiveness of the (a) CONSUMER PRODUCT REGISTRATION voluntary recall of, or safety alert regarding, Commission in identifying products de- FORMS.— such product. scribed in subsection (b) before such products

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are imported into the customs territory of (f) CONFORMING AMENDMENTS.—Such section in the database for purposes of sub- the United States. tion 17 is further amended— sections (g) and (h). SEC. 37. DEVELOPMENT OF RISK ASSESSMENT (1) in subsection (a), by striking ‘‘Any con- (e) AVAILABILITY OF DATABASE TO U.S. CUS- METHODOLOGY TO IDENTIFY SHIP- sumer’’ and inserting ‘‘REFUSAL OF ADMIS- TOMS AND BORDER PROTECTION.—The Con- MENTS OF CONSUMER PRODUCTS SION.—Any consumer’’; sumer Product Safety Commission shall THAT ARE LIKELY TO CONTAIN CON- (2) in subsection (b), by striking ‘‘The’’ in make the database established under sub- SUMER PRODUCTS IN VIOLATION OF the first sentence and inserting ‘‘SAMPLES.— section (b) available on a real-time basis to SAFETY STANDARDS. The’’; the Commissioner responsible for the U.S. (a) IN GENERAL.—Not later than 1 year Customs and Border Protection of the De- after the date of the enactment of this Act, (3) in subsection (c), by striking ‘‘If’’ and inserting ‘‘MODIFICATION.—If’’; partment of Homeland Security. the Consumer Product Safety Commission (f) USE OF DATABASE BY U.S. CUSTOMS AND shall develop a risk assessment methodology (4) in subsection (d), by striking ‘‘All actions’’ in the first sentence and inserting BORDER PROTECTION.—The Commissioner re- for identification of shipments of consumer sponsible for the U.S. Customs and Border ‘‘SUPERVISION OF MODIFICATIONS.—All ac- products that are— Protection of the Department of Homeland tions’’; (1) intended for import into the customs Security shall use the information stored in (5) in subsection (f), by striking ‘‘All ex- territory of the United States; and the database required by subsection (b) in de- penses’’ in the first sentence and inserting (2) are likely to include consumer products termining— AYMENT OF EXPENSES OCCASIONED BY RE- that would be refused admission into such ‘‘P (1) whether a container being imported customs territory under section 17(a) of the FUSAL OF ADMISSION.—All expenses’’; into the United States contains consumer Consumer Product Safety Act (15 U.S.C. (6) in subsection (g), by striking ‘‘The Com- products that are in violation of a consumer 2066(a)). mission’’ and inserting ‘‘IMPORTATION CONDI- product safety standard of the Commission; (b) USE OF INTERNATIONAL TRADE DATA TIONED UPON MANUFACTURER’S COMPLIANCE.— and SYSTEM.—The methodology developed under The Commission’’; (2) whether action should be taken with re- subsection (a) shall, as far as practicable, use (7) in subsection (h), by striking ‘‘(h)(1) spect to any consumer products in such con- the International Trade Data System (ITDS) The Commission’’ and inserting ‘‘(h) PROD- tainer under section 17 of the Consumer established under section 411(d) of the Tariff UCT SURVEILLANCE PROGRAM.—(1) The Com- Product Safety Act (15 U.S.C. 2066). Act of 1930 (19 U.S.C. 1411) to evaluate and as- mission’’. (g) LIMITATION ON DISCLOSURE OF INFORMA- sess information about shipments of con- (g) TECHNICAL AMENDMENTS.—Such section TION IN DATABASE.— sumer products intended for import into the 17 is further amended— (1) IN GENERAL.—The Consumer Product customs territory of the United States be- (1) by striking ‘‘Secretary of the Treasury’’ Safety Commission and the Commissioner fore such shipments enter such customs ter- each place it occurs and inserting ‘‘Secretary responsible for the U.S. Customs and Border ritory. of Homeland Security’’; and Protection of the Department of Homeland (c) AUTHORIZATION OF APPROPRIATIONS.— (2) by striking ‘‘Department of the Treas- Security shall not disclose any information There are authorized to be appropriated such ury’’ each place it occurs and inserting ‘‘De- contained in or provide access to the data- sums as may be necessary to carry out this partment of Homeland Security’’. base required by subsection (b) to any person section. SEC. 39. DATABASE OF MANUFACTURING FACILI- except as provided in paragraph (2), provided TIES AND SUPPLIERS INVOLVED IN SEC. 38. SEIZURE AND DESTRUCTION OF IM- that this limitation does not apply to the VIOLATIONS OF CONSUMER PROD- PORTED PRODUCTS IN VIOLATION disclosure of information that was collected, UCT SAFETY STANDARDS. OF CONSUMER PRODUCT SAFETY received, or maintained by the Commission (a) DOCUMENTATION OF ACTS AND OMIS- STANDARDS. for purpose other than inclusion in the data- SIONS.—If the Consumer Product Safety (a) LIST OF PRODUCT DEFECTS THAT CON- base. Commission discovers evidence that a viola- STITUTE A SUBSTANTIAL PRODUCT HAZARD.— (2) EXCEPTION FOR LAW ENFORCEMENT AND tion of a consumer product safety rule was (1) IN GENERAL.—Not later than 6 months NATIONAL SECURITY.—The Consumer Product after the date of the enactment of this Act, the result of an act or omission by a manu- Safety Commission and the Commissioner the Consumer Product Safety Commission facturing facility or supplier, the Commis- responsible for the U.S. Customs and Border shall publish a list of product defects that sion shall document the following: Protection of the Department of Homeland constitute a substantial product hazard (as (1) The date on which the violation oc- Security may disclose information contained defined in section 15 of the Consumer Prod- curred. in and provide access to the database re- uct Safety Act (15 U.S.C. 2064)). (2) A description of the violation and the quired by subsection (b) to a law enforce- (2) UPDATES.—The Consumer Product Safe- circumstances that led to the violation. ment agency or an intelligence agency of the ty Commission shall, as the Commission con- (3) Details of the act or omission and the United States if the Commission or the Com- siders appropriate— relation of such act or omission to the viola- missioner determine that such disclosure is (A) update the list required by paragraph tion. necessary— (1); and (4) Identifying information about the man- (A) to prevent a crime; or (B) provide a copy of the updated list to ufacturing facility or supplier, including the (B) to detect, prevent, or respond to a the Secretary of Homeland Security. name and address of such manufacturing fa- threat to national security. (b) DESTRUCTION OF NONCOMPLIANT IM- cility or supplier. (3) EXEMPTION FROM FREEDOM OF INFORMA- PORTED PRODUCTS.—Section 17(e) (15 U.S.C. (b) DATABASE.—The Consumer Product TION ACT DISCLOSURE REQUIREMENTS.—The 2066(e)) is amended to read as follows: Safety Commission shall establish and main- database required by subsection (b) shall not ‘‘(e) PRODUCT DESTRUCTION.—The Sec- tain a database that contains the following: be subject to the disclosure requirements of retary of Homeland Security shall ensure the (1) All of the information documented section 552 or 552A of title 5, United States destruction of any product refused admission under subsection (a). Code. into the customs territory of the United (2) Any information submitted under sub- (h) LIMITATION ON USE OF INFORMATION IN States under this section unless such prod- section (d). DATABASE FOR CERTAIN CIVIL OR CRIMINAL uct is exported, under regulations prescribed (c) NOTICE.—The Commission shall take PENALTIES.— by the Secretary or the Commission, as ap- reasonable steps to provide notice to each (1) PROHIBITION ON IMPOSITION BY CONSUMER propriate, within 90 days of the date of no- manufacturing facility or supplier docu- PRODUCT SAFETY COMMISSION OF PENALTIES tice of such refusal or within such additional mented in the database required by sub- SOLELY ON BASIS OF DATABASE.—The Con- time as may be permitted pursuant to such section (b) of the inclusion of such manufac- sumer Product Safety Commission may not regulations.’’. turing facility or supplier in such database impose any penalty under section 20 or 21 of (c) INSPECTION AND RECORDKEEPING RE- and the reasons for such inclusion. the Consumer Product Safety Act (15 U.S.C. QUIREMENTS AS CONDITIONS ON IMPORTA- (d) COMMENTS.—The Commission shall es- 2069, 2070) on any person solely on the inclu- TION.—Section 17(g) (15 U.S.C. 2066(g)) is tablish a process by which a manufacturing sion of information on a person in the data- amended by striking ‘‘Commission may’’ and facility or supplier included in the database base required by subsection (b). inserting ‘‘Commission shall’’. required by subsection (b) for an act or omis- (2) PROHIBITION ON IMPOSITION BY U.S. CUS- (d) PROVISION OF INFORMATION TO COOPER- sion described in subsection (a) may submit TOMS AND BORDER PROTECTION OF PENALTIES ATING AGENCIES.—Section 17(h)(2) (15 U.S.C. information to the Commission for inclusion SOLELY ON BASIS OF DATABASE.—Notwith- 2066(h)(2)) is amended by striking ‘‘Commis- in the database. Such information may con- standing any other provision of law, the sion may’’ and inserting ‘‘Commission sist of— Commissioner responsible for the U.S. Cus- shall’’. (1) evidence refuting evidence contained in toms and Border Protection of the Depart- (e) CONSTRUCTION.—Section 17 (15 U.S.C. the database that a violation described in ment of Homeland Security may not impose 2066) is amended by adding at the end the fol- subsection (a) was the result of an act or any civil or criminal penalty on any person lowing: omission by such manufacturing facility or solely on the inclusion of information on a ‘‘(i) CONSTRUCTION.—Nothing in this sec- supplier; and person in the database required by sub- tion shall be construed to prevent the Sec- (2) evidence of remedial measures taken by section (b). retary of Homeland Security from prohib- such manufacturing facility or supplier to (i) AUTHORIZATION OF APPROPRIATIONS.— iting entry or directing the destruction or correct such act or omission. There are authorized to be appropriated such export of a consumer product under any Information submitted under this sub- sums as may be necessary to carry out this other provision of law.’’. section shall be treated the same as informa- section.

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1139 By Mr. REID: their own home; they dream simply of credits only if housing is built on time S. 2664. A bill to extend the provi- having access to safe, affordable rental and on budget, operates successfully sions of the Protect America Act of housing in our communities. within local housing markets, and is 2007; read the first time. Today, I am pleased to introduce the well maintained over time. The annual Mr. REID. Mr. President, I ask unan- Affordable Housing Investment Act, a failure rate for housing credit prop- imous consent that the text of the bill bill that will update and modernize the erties is 0.02 percent annually, well be printed in the RECORD. low-income housing tax credit pro- below that for other housing or com- There being no objection, the text of gram—a program that we all know has mercial real estate. the bill was ordered to be placed in the been tremendously successful in help- As successful as the housing tax cred- RECORD, as follows: ing construct needed affordable hous- it program is, it could benefit signifi- S. 2664 ing in communities across our country. cantly from updating. Be it enacted by the Senate and House of Rep- We often find ourselves reacting to The Affordable Housing Investment resentatives of the United States of America in Government programs that are broken; Act of 2008, which I am introducing Congress assembled, this bill is about a Government pro- with Senators SMITH, KERRY, COLEMAN SECTION 1. SHORT TITLE. gram that works but can be improved and SALAZAR, modernizes the tax credit This Act may be cited as the ‘‘Protect upon. The low-income housing tax rules in order to make it even more America Short-term Extension Act’’. credit program was created as part of useful. SEC. 2. EXTENSION OF THE PROTECT AMERICA the Tax Reform Act of 1986 and made First, it eliminates the penalties for ACT OF 2007. permanent in 1993. Designed as a pub- combining housing credits with other Subsection (c) of section 6 of the Protect lic/private funding partnership, largely Federal housing programs. The bill America Act of 2007 (Public Law 110–55; 121 proposes to remove various restrictions Stat. 557; 50 U.S.C. 1803 note), as amended by administered by the States, this pro- section 1 of the Act to Extend the Protect gram has become the most successful that make it hard to coordinate hous- America Act of 2007 for 15 Days (Public Law housing production program in existing credits with other Federal policies 110–182), is amended by striking ‘‘195 days ence. and programs. These restrictions frus- after the date of the enactment of this Act’’ These tax credits make it attractive trate efforts to address local needs and and inserting ‘‘on the date that is 30 days for investors to forego highly profit- add unnecessary legal and accounting after the date of the enactment of the Pro- able luxury residences, in order to pro- costs. In some cases, these restrictions tect America Short-term Extension Act’’. vide housing for those most in need. were set many years ago to prevent SEC. 3. EFFECTIVE DATE. Without affordable housing, many low- properties from receiving excessive The amendment made by section 2 shall income Americans would find them- subsidies. Such restrictions are no take effect as if enacted on February 15, 2008. selves on the street. Instead, these longer needed because States examine By Mr. REID: families can provide shelter to their each project at three points to ensure S. 2665. A bill to extend the provi- children and have a secure place to live that it needs the amount of housing sions of the Protect America Act of near where they work and go to school. credits allocated to it. In addition, the 2007 until July 1, 2009; read the first State agencies award housing tax high demand for housing credits and time. credits to housing developers, who turn other subsidies motivates all subsidy Mr. REID. Mr. President, I ask unan- the credits into construction funds by providers to limit subsidies to the min- imous consent that the text of the bill selling them to investors. There funds imum amount necessary. be printed in the RECORD. allow developers to borrow less money Second, the bill helps foster low-in- There being no objection, the text of and pass through the savings in lower come community revitalization by fa- the bill was ordered to be placed in the rental rates for low-income tenants. In- cilitating the construction of child RECORD, as follows: vestors, in turn, receive a 10–year tax care, primary health care, recreation S. 2665 credit based on the cost of constructing and other community service facilities or rehabilitating apartments that can- and aiding with the specific needs for Be it enacted by the Senate and House of Rep- resentatives of the United States of America in not be rented to anyone whose median housing in rural areas. Congress assembled, income is higher than 60 percent of the Third, the bill preserves existing af- SECTION 1. SHORT TITLE. median income in the area. fordable housing by easing restrictions This Act may be cited as the ‘‘Protect Each State’s annual housing credit on rehabilitation of older properties. America Long-term Extension Act’’. allocation is capped. In 2007, the cap is Finally, the bill eliminates unneeded SEC. 2. EXTENSION OF THE PROTECT AMERICA $1.95 per capita, with a minimum of inefficiencies in the tax laws that serve ACT OF 2007. $2.275 million. States put each develop- no public policy purpose. Subsection (c) of section 6 of the Protect ment through three separate, rigorous The legislation has been endorsed by America Act of 2007 (Public Law 110–55; 121 evaluations to make sure it receives the National Council of State Housing Stat. 557; 50 U.S.C. 1803 note), as amended by only enough housing credits to make it Agencies, the Affordable Housing Tax section 1 of the Act to Extend the Protect viable as low-income housing for the Credit Coalition, the Housing Develop- America Act of 2007 for 15 Days (Public Law ment Consortium, Local Initiatives 110–182), is amended by striking ‘‘195 days long term. after the date of the enactment of this Act’’ Since its inception, this program has Support Corporation and Impact Cap- and inserting ‘‘on July 1, 2009’’. created nearly 2 million homes for low- ital, National Association of State and SEC. 3. EFFECTIVE DATE. income families at restricted rents for Local Equity Funds, Seattle Housing The amendment made by section 2 shall terms of at least 30 years—housing that Authority, and the Washington State take effect as if enacted on February 15, 2008. would not have occurred without the Housing Finance Commission. tax credit. The tax credit program may be invis- By Ms. CANTWELL (for herself, The credit is responsive to the needs ible to the people that now have a roof Mr. SMITH, Mr. KERRY, Mr. of local communities. It works for new over their head, but it is indispensable COLEMAN, and Mr. SALAZAR): construction, rehabilitation, and pres- to our ability to meet the growing de- S. 2666. A bill to amend the Internal ervation of affordable housing. It mand—and diminishing supply—for af- Revenue Code of 1986 to encourage in- works in cities, suburbs, and rural fordable housing. vestment in affordable housing, and for areas. It revitalizes low-income com- For example, Port Orchard Vista—a other purposes; to the Committee on munities. It serves families, the elder- 42-unit apartment building for low-in- Finance. ly, the disabled, and the homeless. come seniors—would not have been Ms. CANTWELL. Mr. President, the Each State sets its own housing prior- built without the tax credit program. issues of housing are very much on the ities, and developers compete aggres- One resident, a 62-year-old grand- minds of the American people and sively to meet these priorities. mother named Jackie, would be home- those of us in Congress. While we focus The program is cost efficient and has less if this project had not been built. on the challenges that homeowners a high compliance rate. The market- Jackie’s Social Security check is $600 currently are facing, we must not fail place imposes discipline on the proper month. Her rent was $605, not in- to recognize that there are a lot of gram so that taxpayers’ dollars are cluding utilities—or groceries! She was families that dare not dream of owning well-spent. Investors receive their tax selling her furniture and her mom’s old

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(b) AMENDMENT OF 1986 CODE.—Except as amended by striking ‘‘low-income’’ and insert- She was just a few months away from otherwise expressly provided, whenever in ing ‘‘affordable’’. being homeless. this Act an amendment or repeal is ex- (b) CONFORMING AMENDMENTS.— (1) Sections 38(b)(5), 42(a), 772(a)(7), and Thanks to the tax credits, the Kitsap pressed in terms of an amendment to, or repeal of, a section or other provision, the ref- 772(d)(5) are each amended by striking ‘‘low- County Consolidated Housing Author- erence shall be considered to be made to a income’’ and inserting ‘‘affordable’’. ity was able to get this project built section or other provision of the Internal (2) The headings of subparagraphs (3)(D) and keep Jackie off the street. Today, Revenue Code of 1986. and (6)(B) of section 469(i) are each amended Jackie’s rent is $200—including utili- (c) TABLE OF CONTENTS.—The table of con- by striking ‘‘LOW-INCOME’’ and inserting ‘‘AF- ties. tents for this Act is as follows: FORDABLE’’. The Village at Overlake Station in Sec. 1. Short title, etc. (3) The table of sections for subpart D of Redmond, Washington, was built in part IV of subchapter A of chapter 1 is TITLE I—FACILITATE DEVELOPMENT OF amended by striking the item relating to 2001 and offers beautiful public spaces HOUSING CREDIT PROPERTY section 42 and inserting the following: and apartment homes. Sarah, a single Sec. 101. Renaming the low-income housing ‘‘Sec. 42. Affordable housing credit.’’. mother, came to Overlake Station in credit as the affordable housing (c) EFFECTIVE DATE.—The amendments late 2005 after spending that summer credit. made by this section shall take effect on the and fall living out of her vehicle with Sec. 102. Modification of rules for deter- date of the enactment of this Act. mining applicable percentage. SEC. 102. MODIFICATION OF RULES FOR DETER- her two children. She was extremely Sec. 103. Increase in credit for buildings in grateful to find a suitable, affordable MINING APPLICABLE PERCENTAGE. State designated areas. (a) IN GENERAL.—Subsection (b) of section apartment before the cold weather Sec. 104. Modification of scattered site rule. 42 is amended— came. She and her children were forced Sec. 105. Treatment of rural projects. (1) by striking the semicolon and all that to huddle together in the backseat of Sec. 106. Expansion of allowable basis for follows to the period in the heading, her car to stay warm as they slept and community service facilities. (2) by striking paragraph (1) and inserting she was concerned about their safety. TITLE II—IMPROVE COORDINATION WITH the following new paragraph: Though she tried to be cautious, she OTHER FEDERAL HOUSING PROGRAMS ‘‘(1) IN GENERAL.—For purposes of this sec- just knew she should find a better way Sec. 201. Affordable housing credits allowed tion, the term ‘applicable percentage’ means the greater of the alternative applicable per- to take care of her children. for section 8 moderate rehabilitation developments. centage determined under paragraph (2) or— Sarah and her children have proudly Sec. 202. Modification to low-income hous- ‘‘(A) 9 percent in the case of any building lived at Overlake for 2 years. Soon they ing credit rules for reduction of to which subparagraph (B) does not apply, will move into a new house, thanks to eligible basis by grants re- and Habitat for Humanity. In two years, ceived. ‘‘(B) 4 percent in the case of— Sarah has gone from homelessness to TITLE III—FACILITATE PRIVATE IN- ‘‘(i) any existing building, and homeownership—thanks to the Low-In- VESTMENT CAPITAL TO INCREASE THE ‘‘(ii) any new building if, at any time dur- come Housing Tax Credit program. EFFICIENCY OF AFFORDABLE HOUSING ing the taxable year or any prior taxable INVESTMENT year, there is or was outstanding any obliga- These stories can be replicated in tion— every community in my State and Sec. 301. Repeal of recapture bond rule. ‘‘(I) not taken into account under section across the country. Sec. 302. Affordable housing credit allowed 146, In 2002, the Millennial Housing Com- against alternative minimum ‘‘(II) which is exempt from tax under sec- tax. tion 103, and mission said in its final report to the Sec. 303. Interest on qualified mortgage Congress: ‘‘(III) the proceeds of which are or were bonds, qualified veterans’ mort- used (directly or indirectly) with respect to Securing access to decent, affordable hous- gage bonds, and qualified resi- such building or the operation thereof.’’, ing is fundamental to the American Dream. dential rental project exempt (3) by striking ‘‘BUILDINGS PLACED IN SERV- All Americans want to live in good-quality facility bonds exempt from al- ICE AFTER 1987’’ in the heading for paragraph homes they can afford without sacrificing ternative minimum tax. (2) and inserting ‘‘ALTERNATIVE APPLICABLE other basic needs. All Americans want to TITLE IV—HELP PRESERVE EXISTING PERCENTAGE’’, and live in safe communities with ready access AFFORDABLE HOUSING (4) by striking ‘‘In the case of any qualified to job opportunities, good schools, and amen- Sec. 401. Repeal of 10-year rule for acquisi- low-income building placed in service by the ities. All parents want their children to grow tion housing credits. taxpayer after 1987, the term ‘applicable per- up with positive role models and peer influ- Sec. 402. Modification of related person rule centage’ means’’ in paragraph (2)(A) and in- ences nearby. And the overwhelming major- for affordable housing credit. serting ‘‘For purposes of paragraph (1), the ity of Americans want to purchase a home as term ‘alternative applicable percentage’ a way to build wealth. TITLE V—SIMPLIFY ADMINISTRATION OF THE HOUSING CREDIT PROGRAM means’’. By leveraging private capital to build (b) MODIFICATION OF RULES RELATED TO Sec. 501. Elimination of certain annual re- affordable housing units, we are also FEDERAL SUBSIDIES.— certifications of tenant in- (1) IN GENERAL.—Paragraph (2) of section helping our local communities. People comes. left with no affordable housing options 42(i) (relating to determination of whether TITLE VI—CONFORM MULTIFAMILY building is Federally subsidized) is amended join the ranks of the homeless and then HOUSING BOND RULES TO HOUSING become the responsibility of our cash- to read as follows: CREDIT RULES ‘‘(2) EXCEPTIONS FOR CERTAIN NEW BUILD- strapped communities. We can allevi- Sec. 601. Coordination of certain rules appli- INGS OTHERWISE SUBJECT TO 4 PERCENT CREDIT ate some of the community respon- cable to affordable housing LIMITATION.— sibilities of caring for the homeless, credit and qualified residential ‘‘(A) ELECTION TO REDUCE ELIGIBLE BASIS BY the disabled, and other vulnerable low- rental project exempt facility PROCEEDS OF OBLIGATIONS.—A tax-exempt ob- income families by helping to provide bonds. ligation shall not be taken into account these people an affordable place to call TITLE VII—IMPROVE THE MORTGAGE under subsection (b)(1)(B)(ii) if the taxpayer home. I encourage my colleagues to REVENUE BOND PROGRAM elects to exclude the proceeds of such obliga- join me in this effort. Sec. 701. Special rule for use of mortgage tion from the eligible basis of the building for purposes of subsection (d). Mr. President, I ask unanimous con- bonds for disaster victims, sin- ‘‘(B) SPECIAL RULE FOR SUBSIDIZED CON- sent that the text of the bill be printed gle parents, and homemakers. Sec. 702. Repeal of required use of certain STRUCTION FINANCING.—A tax-exempt obliga- in the RECORD. principal repayments on quali- tion used to provide construction financing There being no objection, the text of fied mortgage issues to redeem for any building shall not be taken into ac- the bill was ordered to be printed in bonds. count under subsection (b)(1)(B)(ii) if— ‘‘(i) such obligation (when issued) identi- the RECORD, as follows: TITLE VIII—EFFECTIVE DATE fied the building for which the proceeds of S. 2666 Sec. 801. Effective date. such obligation would be used, and Be it enacted by the Senate and House of Rep- TITLE I—FACILITATE DEVELOPMENT OF ‘‘(ii) such obligation is redeemed before resentatives of the United States of America in HOUSING CREDIT PROPERTY such building is placed in service.’’. Congress assembled, SEC. 101. RENAMING THE LOW-INCOME HOUSING (2) CONFORMING AMENDMENT.—Section SECTION 1. SHORT TITLE, ETC. CREDIT AS THE AFFORDABLE HOUS- 1400N(c)(6) is amended by striking ‘‘Decem- (a) SHORT TITLE.—This Act may be cited as ING CREDIT. ber 31, 2010’’ and inserting ‘‘the date of the the ‘‘Affordable Housing Investment Act of (a) IN GENERAL.—The heading of section 42 enactment of the Affordable Housing Invest- 2008’’. (relating to low-income housing credit) is ment Act of 2008’’.

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SEC. 103. INCREASE IN CREDIT FOR BUILDINGS SEC. 202. MODIFICATION TO LOW-INCOME HOUS- ‘‘(ii) ASSESSMENT.—Such deficiency may be IN STATE DESIGNATED AREAS. ING CREDIT RULES FOR REDUCTION assessed before the expiration of the 3-year (a) IN GENERAL.—Clause (i) of section OF ELIGIBLE BASIS BY GRANTS RE- period referred to in clause (i) notwith- 42(d)(5)(C) (relating to increase in credit for CEIVED. standing the provisions of any other law or (a) IN GENERAL.—The Secretary of the buildings in high cost areas) is amended by rule of law which would otherwise prevent Treasury shall modify Treasury Regulations striking ‘‘or difficult development area’’ and such assessment.’’. section 1.42–16(b) to provide that none of the inserting ‘‘, difficult development area, or following shall be considered a grant made (b) INFORMATION REPORTING.— State designated project’’. with respect to a building or its operation (1) IN GENERAL.—Subpart B of part III of (b) STATE DESIGNATED PROJECT.—Subpara- for purposes of section 42(d)(5)(A) of the In- subchapter A of chapter 61 (relating to infor- graph (C) of section 42(d)(5) is amended by ternal Revenue Code of 1986: mation concerning transactions with other adding at the end the following new clause: (1) Rental assistance under section 521 of persons) is amended by inserting after sec- ‘‘(v) STATE DESIGNATED PROJECT.—For pur- the Housing Act of 1949 (42 U.S.C. 1490a). tion 6050V the following new section: poses of this subparagraph, the term ‘State (2) Assistance under section 538(f)(5) of the ‘‘SEC. 6050W. RETURNS RELATING TO PAYMENT designated project’ means any project pub- Housing Act of 1949 (42 U.S.C. 1490p–2(f)(5)). OF LOW-INCOME HOUSING CREDIT lished as part of a State’s qualified alloca- (3) Interest reduction payments under sec- REPAYMENT AMOUNT. tion plan (as defined in subsection (m)(1)(B)) tion 236 of the National Housing Act (12 ‘‘(a) REQUIREMENT OF REPORTING.—Every and designated by the housing credit agency U.S.C. 1715z–1). person who, at any time during the taxable as meeting such criteria for designation (4) Rental assistance under section 202 of year, is an owner of a building (or an interest under this clause as the State in which such the Housing Act of 1959 (12 U.S.C. 1701q). therein)— project is located may specify. The rules of (5) Rental assistance under section 811 of ‘‘(1) which is in the compliance period at clauses (ii)(II) and (iii)(II) shall not apply for the Cranston-Gonzalez National Affordable any time during such year, and purposes designations made under this Housing Act (42 U.S.C. 8013). ‘‘(2) with respect to which recapture is re- clause.’’. (6) Modernization, operating, and rental as- quired by section 42(j), ONFORMING AMENDMENT.—The heading (c) C sistance pursuant to section 202 of the Na- shall, at such time as the Secretary may pre- of subparagraph (C) of section 42(d)(5) is tive American Housing Assistance and Self- scribe, make the return described in sub- amended by striking ‘‘BUILDINGS IN HIGH COST Determination Act of 1996 (25 U.S.C. 4132). section (b). AREAS’’ and inserting ‘‘CERTAIN BUILDINGS’’. (7) Assistance under title IV of the Stewart ‘‘(b) FORM AND MANNER OF RETURNS.—A re- SEC. 104. MODIFICATION OF SCATTERED SITE B. McKinney Homeless Assistance Act (42 turn is described in this subsection if such RULE. U.S.C. 11361 et seq.). return— Paragraph (7) of section 42(g) (relating to (8) Tenant-based rental assistance under ‘‘(1) is in such form as the Secretary may scattered site projects) is amended to read as section 212 of the Cranston-Gonzalez Na- prescribe, and follows: tional Affordable Housing Act (42 U.S.C. ‘‘(2) contains— ‘‘(7) SCATTERED SITE PROJECTS.—Buildings 12742). ‘‘(A) the name, address, and TIN of each which would (but for their lack of proximity) (9) Assistance under the AIDS Housing Op- person who, with respect to such building or be treated as a project for purposes of this portunity Act (42 U.S.C. 12901 et seq.). interest, was formerly an investor in such section shall be so treated if the rent-re- (10) Per diem payments under section 2012 owner at any time during the compliance pe- stricted (within the meaning of paragraph of title 38, United States Code. riod, (2)) residential units of such project are dis- (11) Rent supplements under section 101 of ‘‘(B) the amount (if any) of any credit re- tributed among such buildings in proportion the Housing and Urban Development Act of capture amount required under section 42(j), to the number of residential units in each 1965 (12 U.S.C. 1701s). and building.’’. (12) Assistance under section 542 of the ‘‘(C) such other information as the Sec- Housing Act of 1949 (42 U.S.C. 1490r). SEC. 105. TREATMENT OF RURAL PROJECTS. retary may prescribe. (13) Any other ongoing payment used to ‘‘(c) STATEMENTS TO BE FURNISHED TO PER- Section 42(i) (relating to definitions and enable the property to be rented to low-in- SONS WITH RESPECT TO WHOM INFORMATION IS special rules) is amended by adding at the come tenants. REQUIRED.—Every person required to make a end the following new paragraph: (b) EFFECTIVE DATE.—The modifications ‘‘(8) TREATMENT OF RURAL PROJECTS.—For required by this section shall take effect on return under subsection (a) shall furnish to purposes of this section, in the case of any the date of the enactment of this Act. each person whose name is required to be set project for residential rental property lo- (c) NO INFERENCE.—Nothing contained in forth in such return a written statement cated in a rural area (as defined in section subsection (a) may be construed to create showing— 520 of the Housing Act of 1949), any income any inference with respect to the consider- ‘‘(1) the name and address of the person re- limitation measured by reference to area ation of any program specified under sub- quired to make such return and the phone median gross income shall be measured by section (a) as a grant made with respect to a number of the information contact for such reference to the greater of area median gross building or its operation for purposes of sec- person, and income or national non-metropolitan median tion 42(d)(5)(A) of the Internal Revenue Code ‘‘(2) the information required to be shown income.’’. of 1986 as in effect on the day before such on the return with respect to such person. SEC. 106. EXPANSION OF ALLOWABLE BASIS FOR date of enactment. The written statement required under the COMMUNITY SERVICE FACILITIES. TITLE III—FACILITATE PRIVATE INVEST- preceding sentence shall be furnished on or Section 42(d)(4)(C) (relating to inclusion of MENT CAPITAL TO INCREASE THE EFFI- before March 31 of the year following the cal- basis of property used to provide services for CIENCY OF AFFORDABLE HOUSING IN- endar year for which the return under sub- certain nontenants) is amended— VESTMENT section (a) is required to be made. (1) by striking ‘‘10 percent of the eligible SEC. 301. REPEAL OF RECAPTURE BOND RULE. ‘‘(d) COMPLIANCE PERIOD.—For purposes of basis’’ in clause (ii)and inserting ‘‘20 percent (a) IN GENERAL.—Paragraph (6) of section this section, the term ‘compliance period’ of the first $5,000,000 in eligible basis plus 10 42(j) (relating to recapture of credit) is has the meaning given such term by section percent of the remaining eligible basis’’, and amended to read as follows: 42(i).’’. (2) by adding at the end the following new ‘‘(6) NO RECAPTURE ON DISPOSITION OF (2) ASSESSABLE PENALTIES.— flush sentences: BUILDING (OR INTEREST THEREIN) REASONABLY (A) Subparagraph (B) of section 6724(d)(1) ‘‘For each calendar year beginning after 2008, EXPECTED TO CONTINUE AS A QUALIFIED LOW- (relating to definitions) is amended by in- the dollar amount in clause (ii) shall be in- INCOME BUILDING.— serting after clause (xxi) the following new creased by an amount equal to such dollar ‘‘(A) IN GENERAL.—In the case of a disposi- clause: amount multiplied by the cost-of-living ad- tion of a building or an interest therein, the ‘‘(xxii) section 6050W (relating to returns justment determined under section 1(f)(3), taxpayer shall be discharged from liability relating to payment of low-income housing determined by substituting ‘calendar year for any additional tax under this subsection credit repayment amount),’’. 2007’ for ‘calendar year 1992’ in subparagraph by reason of such disposition if it is reason- (B) Paragraph (2) of section 6724(d) is (B) thereof. If any amount adjusted under ably expected that such building will con- amended by striking ‘‘or’’ at the end of sub- the preceding sentence is not a multiple of tinue to be operated as a qualified low-in- paragraph (BB), by striking the period at the $100,000, such amount shall be rounded to the come building for the remaining compliance end of subparagraph (CC) and inserting ‘‘, next lowest multiple of $100,000.’’. period with respect to such building. or’’, and by adding after subparagraph (CC) ‘‘(B) STATUTE OF LIMITATIONS.— the following new subparagraph: TITLE II—IMPROVE COORDINATION WITH ‘‘(i) EXTENSION OF PERIOD.—The period for ‘‘(DD) section 6050W (relating to returns OTHER FEDERAL HOUSING PROGRAMS assessing a deficiency attributable to the ap- relating to payment of low-income housing SEC. 201. AFFORDABLE HOUSING CREDITS AL- plication of subparagraph (A) with respect to credit repayment amount).’’. LOWED FOR SECTION 8 MODERATE a building (or interest therein) during the (3) CLERICAL AMENDMENT.—The table of REHABILITATION DEVELOPMENTS. compliance period with respect to such sections for subpart B of part III of sub- Paragraph (2) of section 42(c) (relating to building shall not expire before the expira- chapter A of chapter 61 is amended by insert- qualified low-income building) is amended by tion of 3 years after the end of such compli- ing after the item relating to section 6050V striking the last sentence. ance period. the following new item:

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‘‘Sec. 6050W. Returns relating to payment of ‘‘(iii) RELATED PERSON.—For purposes of ‘‘(i) is located in an area with respect to low-income housing credit re- subparagraph (B)(iii), a person (hereinafter which a major disaster has been declared by payment amount.’’. in this subclause referred to as the ‘related the President under section 401 of the Robert (c) EFFECTIVE DATE.— person’) is related to any person if the re- T. Stafford Disaster Relief and Emergency (1) IN GENERAL.—The amendments made by lated person bears a relationship to such per- Assistance Act, and this section shall apply with respect to any son specified in section 267(b) or 707(b)(1), or ‘‘(ii) has been rendered uninhabitable by liability for the credit recapture amount the related person and such person are en- reason of the major disaster, under section 42(j) of the Internal Revenue gaged in trades or businesses under common ‘‘(F) financing of residences for individuals Code of 1986 that arises after the date of the control (within the meaning of subsections who— enactment of this Act. (a) and (b) of section 52.’’. ‘‘(i) are not married, and (2) SPECIAL RULE FOR LOW-INCOME HOUSING (b) EFFECTIVE DATE.—The amendment ‘‘(ii) have one or more qualifying children BUILDINGS SOLD BEFORE DATE OF ENACTMENT made by this subsection shall take effect on (within the meaning of section 152), and OF THIS ACT.—In the case of a building dis- the date of the enactment of this Act. ‘‘(G) financing of residences for displaced posed of before the date of the enactment of TITLE V—SIMPLIFY ADMINISTRATION OF homemakers,’’. this Act with respect to which the taxpayer THE HOUSING CREDIT PROGRAM (b) DISPLACED HOMEMAKERS.—Section posted a bond (or alternative form of secu- SEC. 501. ELIMINATION OF CERTAIN ANNUAL RE- 143(d) is amended by adding at the end the rity) under section 42(j) of the Internal Rev- CERTIFICATIONS OF TENANT IN- following new paragraph: enue Code of 1986 (as in effect before such COMES. ‘‘(4) DISPLACED HOMEMAKER.—For purposes date of enactment), the taxpayer may elect Paragraph (8) of section 42(g) (relating to of paragraph (2)(G), the term ‘displaced (by notifying the Secretary of the Treasury qualified low-income housing project) is homemaker’ means any individual who is— in writing)— amended— ‘‘(A) over 18 years of age, (A) to cease to be subject to the bond re- (1) by striking ‘‘may waive’’ in the mater ‘‘(B) is not employed or underemployed and quirements under section 42(j)(6) of such preceding subparagraph (A); is experiencing difficulty in obtaining or up- Code, as in effect before such date of enact- (2) by inserting ‘‘may waive’’ before ‘‘any grading employment, and ment, and recapture’’ in subparagraph (A); and ‘‘(C) has not worked full-time full-year in (B) to be subject to the requirements of (3) by inserting ‘‘shall waive’’ before ‘‘any the labor force for a number of years before section 42(j) of such Code, as amended by this annual recertification’’ in subparagraph (B). the date on which financing for a residence is section. TITLE VI—CONFORM MULTIFAMILY HOUS- supplied, but has, during such years, worked SEC. 302. AFFORDABLE HOUSING CREDIT AL- ING BOND RULES TO HOUSING CREDIT primarily without remuneration to care for LOWED AGAINST ALTERNATIVE MIN- RULES the home and family.’’. IMUM TAX. (c) EFFECTIVE DATE.—The amendments SEC. 601. COORDINATION OF CERTAIN RULES AP- (a) IN GENERAL.—Subparagraph (B) of sec- PLICABLE TO AFFORDABLE HOUS- made by this section shall apply to bonds tion 38(c)(4) (relating to special rules for ING CREDIT AND QUALIFIED RESI- issued after the date of the enactment of this specified credits) is amended by redesig- DENTIAL RENTAL PROJECT EXEMPT Act. nating clauses (ii), (iii), and (iv) as clauses FACILITY BONDS. SEC. 702. REPEAL OF REQUIRED USE OF CERTAIN (iii), (iv), and (v), respectively, and by insert- (a) DETERMINATION OF NEXT AVAILABLE PRINCIPAL REPAYMENTS ON QUALI- ing after clause (i) the following new clause: UNIT.—Paragraph (3) of section 142(d) (relat- FIED MORTGAGE ISSUES TO RE- ‘‘(ii) the credit determined under section ing to current income determinations) is DEEM BONDS. 42(a),’’. amended by adding at the end the following (a) IN GENERAL.—Subparagraph (A) of sec- (b) EFFECTIVE DATE.—The amendments new subparagraph: tion 143(a)(2) (relating to qualified mortgage made by this subsection shall apply to tax- ‘‘(C) EXCEPTION FOR PROJECTS WITH RESPECT issue defined) is amended by inserting ‘‘and’’ able years beginning after the date of the en- TO WHICH AFFORDABLE HOUSING CREDIT IS AL- at the end of clause (ii), by striking ‘‘, and’’ actment of this Act. LOWED.—In the case of a project with respect at the end of clause (iii) and inserting a pe- SEC. 303. INTEREST ON QUALIFIED MORTGAGE to which credit is allowed under section 42, riod, and by striking clause (iv) and the last BONDS, QUALIFIED VETERANS’ the second sentence of subparagraph (B) sentence. MORTGAGE BONDS, AND QUALIFIED (b) CONFORMING AMENDMENT.—Clause (ii) of shall be applied by substituting ‘building RESIDENTIAL RENTAL PROJECT EX- section 143(a)(2)(D) is amended by striking (within the meaning of section 42)’ for EMPT FACILITY BONDS EXEMPT ‘‘(and clause (iv) of subparagraph (A))’’. ‘project’.’’. FROM ALTERNATIVE MINIMUM TAX. (c) EFFECTIVE DATE.—The amendments (b) STUDENTS.—Paragraph (2) of section (a) IN GENERAL.—Clause (ii) of section made by this section shall apply to repay- 142(d) (relating to definitions and special 57(a)(5)(C) (relating to exception for qualified ments received after the date of the enact- rules) is amended by adding at the end the 501(c)(3) bonds) is amended to read as follows: ment of this Act. ‘‘(ii) EXCEPTION FOR CERTAIN BONDS.—For following new subparagraph: TITLE VIII—EFFECTIVE DATE purposes of clause (i), the term ‘private ac- ‘‘(C) STUDENTS.—Students (as defined in tivity bond’ shall not include— section 152(f)(2)) shall not be treated as satis- SEC. 801. EFFECTIVE DATE. ‘‘(I) any qualified 501(c)(3) bond (as defined fying the requirements of subparagraph (A) Except as otherwise provided in this Act, in section 145); or (B) of paragraph (1) except under rules the amendments made by this Act shall ‘‘(II) any qualified mortgage bond (as de- similar to the rules of 42(i)(3)(D).’’. apply to— fined in section 143(a)); (c) SINGLE-ROOM OCCUPANCY UNITS.—Para- (1) housing credit dollar amounts allocated ‘‘(III) any qualified veterans’ mortgage graph (2) of section 142(d) (relating to defini- after the date of the enactment of this Act, bond (as defined in section 143(b)); and tions and special rules), as amended by this and ‘‘(IV) any exempt facility bond (as defined Act, is further amended by adding at the end (2) buildings placed in service after such in section 142(a)) issued as part of an issue 95 the following new subparagraph: date to the extent paragraph (1) of section percent or more of the net proceeds of which ‘‘(D) SINGLE-ROOM OCCUPANCY UNITS.—A 42(h) of the Internal Revenue Code of 1986 are to be used to provide qualified residen- unit shall not fail to be treated as a residen- does not apply to such building by reason of tial rental projects (as defined in section tial unit merely because such unit is a sin- paragraph (4) thereof, but only with respect 142(d)).’’. gle-room occupancy unit (within the mean- to bonds issued after such date. (b) EFFECTIVE DATE.—The amendment ing of section 42).’’. f made by this section shall apply to bonds (d) EFFECTIVE DATE.—The amendments originally issued after the date of the enact- made by this section shall apply to deter- SUBMITTED RESOLUTIONS ment of this Act. minations of the status of qualified residential rental projects for periods beginning TITLE IV—HELP PRESERVE EXISTING after the date of the enactment of this Act, SENATE RESOLUTION 458—EX- AFFORDABLE HOUSING with respect to bonds issued before, on, or PRESSING THE CONDOLENCES OF SEC. 401. REPEAL OF 10-YEAR RULE FOR ACQUI- after such date. SITION HOUSING CREDITS. THE SENATE TO THOSE AF- (a) IN GENERAL.—Subparagraph (B) of sec- TITLE VII—IMPROVE THE MORTGAGE FECTED BY THE DEVASTATING tion 42(d)(2) (relating to existing buildings) REVENUE BOND PROGRAM SHOOTING INCIDENT OF FEB- is amended by striking clause (ii) and by re- SEC. 701. SPECIAL RULE FOR USE OF MORTGAGE RUARY 14, 2008, AT NORTHERN designating clauses (iii) and (iv) as clauses BONDS FOR DISASTER VICTIMS, SIN- ILLINOIS UNIVERSITY IN (ii) and (iii), respectively. GLE PARENTS, AND HOMEMAKERS. DEKALB, ILLINOIS (b) CONFORMING AMENDMENT.—Section 42(d) (a) IN GENERAL.—Paragraph (2) of section is amended by striking paragraph (6) and by 143(d) (relating to exceptions to 3-year re- Mr. DURBIN (for himself, Mr. OBAMA, redesignating paragraph (7) as paragraph (6). quirement) is amended by striking ‘‘and’’ at and Mr. HATCH) submitted the fol- SEC. 402. MODIFICATION OF RELATED PERSON the end of subparagraph (C) and by inserting lowing resolution; which was consid- after subparagraph (D) the following new RULE FOR AFFORDABLE HOUSING ered and agreed to: CREDIT. subparagraphs: (a) IN GENERAL.—Clause (iii) of section ‘‘(E) financing of residences for individuals S. RES. 458 42(d)(2)(D) (related to related person, etc.) is with an ownership interest in a principal res- Whereas, on Thursday, February 14, 2008, a amended to read as follows: idence which— gunman entered a lecture hall on the campus

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1143 of Northern Illinois University and opened in DeKalb, Illinois: Gayle Dubowski, Cat- economic, and political integration of fire on the students assembled there; alina Garcia, Julianna Gehant, Ryanne emerging democracies into existing Euro- Whereas the gunman took the lives of 5 Mace, and Daniel Parmenter; pean structures; students and wounded 17 more; (2) extends its support and prayers to those Whereas Albania, Croatia, and Macedonia Whereas the 5 students who lost their lives who were wounded and wishes them a speedy can play important roles in NATO activities that day were— recovery; in Southeastern Europe, through their (1) Gayle Dubowski, age 20, of Carol (3) commends the emergency responders, unique geostrategic position and by deter- Stream, Illinois, a devout member of her law enforcement officers, healthcare pro- ring and disrupting any efforts by any party church who sang in the church choir and viders, and counselors who performed their to destabilize the region through violence; worked as a camp counselor and volunteer in duties with professionalism and dedication Whereas Article 10 of the North Atlantic rural Kentucky; in response to the tragedy; Treaty, done in Washington on April 4, 1949, (2) Catalina ‘‘Cati’’ Garcia, age 20, of Cic- (4) reaffirms its commitment to helping states: ‘‘any other European state in a posi- ero, Illinois, a first-generation American ensure that schools, colleges, and univer- tion to further the principles of this Treaty who had hoped to be a teacher, was her fam- sities in the United States are safe and se- and to contribute to the security of the ily’s ‘‘princess’’ and inspiration, and was cure environments for learning; and North Atlantic area’’ may be granted NATO rarely seen without a beaming smile; (5) expresses its solidarity with Northern membership; and (3) Julianna Gehant, age 32, of Mendota, Il- Illinois University and its students, faculty, Whereas the Riga Summit Declaration, linois, who dreamed of becoming a teacher, staff, and administration as they mourn issued by NATO in November 2006, reaffirms and who had spent more than 12 years in the their losses and as they recover from this that ‘‘NATO remains open to new European United States Army and Army Reserve serv- tragic incident. members’’: Now, therefore, be it ing our Nation and saving money for college; Resolved, That it is the sense of the Senate (4) Ryanne Mace, age 19, of Carpentersville, f that— Illinois, a much-loved only child who was SENATE RESOLUTION 459—EX- (1) the political independence and terri- rarely without a warm smile and hoped to be PRESSING THE STRONG SUP- torial integrity of the emerging democracies a counselor so she could help others; and in Southeastern Europe are vital to Euro- (5) Daniel Parmenter, age 20, of West- PORT OF THE SENATE FOR THE NORTH ATLANTIC TREATY OR- pean peace and security and to the interests chester, Illinois, ‘‘Danny’’ to his friends, a 6- of the United States; foot, 5-inch rugby player with a gentle spirit GANIZATION TO EXTEND INVITA- (2) the expansion of NATO contributes to and a bright future, who died trying to pro- TIONS FOR MEMBERSHIP TO AL- the Alliance’s continued effectiveness and tect his girlfriend from gunfire; BANIA, CROATIA, AND MAC- relevance; Whereas the Northern Illinois University EDONIA AT THE APRIL 2008 BU- (3) the Senate reaffirms its support for con- Police Department, the Police Departments CHAREST SUMMIT, AND FOR tinued enlargement of NATO to include of DeKalb, Sycamore, Aurora, Batavia, OTHER PURPOSES qualified candidates; and Cortland, Galesburg, Genoa, Geneva, (4) the United States should take the lead Mendota, St. Charles, Rockford, and the Vil- Mr. LUGAR (for himself and Mr. in supporting the awarding of invitations to lage of Winnebago, the Conservation Police, VOINOVICH) submitted the following Albania, Croatia, and Macedonia to join the the Sheriff’s Offices of DeKalb County, Win- resolution; which was referred to the Alliance at the NATO Summit at Bucharest, nebago County, and Kane County, the Kane Committee on Foreign Relations: Romania in April 2008. County Bomb Squad, the Illinois State Po- lice, the Federal Bureau of Investigation, the S. RES. 459 Mr. LUGAR. Mr. President, I rise Bureau of Alcohol, Tobacco, Firearms, and Whereas the North Atlantic Treaty Organi- today to introduce a resolution ex- Explosives, Reach/Air Angel, Flight for Life, zation (NATO) will hold a Heads of State and pressing the strong support of the Sen- Life Line, the Salvation Army, and the Fire Government summit at Bucharest, Romania ate for the North Atlantic Treaty Or- and Emergency Medical Services Depart- in April 2008; ganization to extend invitations for ments of DeKalb, Sycamore, Cortland, Whereas NATO has successfully defended membership to Albania, Croatia, and Malta, Maple Park, Rochelle, Hampshire, the territory and interests of its members Macedonia at the April 2008 Bucharest Burlington, Shabbona, Hinckley, Genoa- for more than 50 years and contributed to Summit. Kingston, Waterman, Elburn, St. Charles, the spread of freedom, democracy, stability, The goal of this legislation is to reaf- Ogle-Lee, Kaneville, Sugar Grove, North Au- and peace throughout Europe; firm United States support for contin- rora, and Somonauk responded to the emer- Whereas Albania, Croatia, and Macedonia gency promptly and assisted capably in the have been preparing for NATO membership ued enlargement of NATO to democ- initial crisis and the subsequent investiga- for more than 8 years and are undergoing a racies that are able and willing to meet tion; historic process of democratic and free mar- the responsibilities of membership. In Whereas the emergency responders and the ket transformation after emerging from dec- addition, it represents a call to the ad- doctors, nurses, and other health care pro- ades of occupation; ministration to provide leadership at viders at Kishwaukee Community Hospital, Whereas Albania, Croatia, and Macedonia the upcoming summit to secure this Saint Anthony Medical Center, Good Samar- have made important progress toward estab- important step in the development of itan Hospital, Rockford Memorial Hospital, lishing civilian control of their militaries the NATO Alliance. Albania, Croatia, and Northwestern Memorial Hospital pro- and demonstrating their ability to operate and Macedonia have clearly stated vided professional and dedicated care to the with the military forces of NATO nations at their desire to join NATO and are victims; Alliance standards; Whereas hundreds of volunteer counselors Whereas Albania, Croatia, and Macedonia working hard to meet the specified re- from Illinois and across the Nation have continue to make important contributions quirements for membership. come to Northern Illinois University to as- to the United Nations-mandated Inter- The Governments in Tirana, Zagreb, sist the campus community; national Security Assistance Force, oper- and Skopje have been preparing for Whereas the students, faculty, staff, and ating under NATO leadership to assist the NATO membership for more then 8 administration of Northern Illinois Univer- Government of Afghanistan in extending and years. Each of them is undergoing a sity, the people of the city of DeKalb and the exercising its authority and influence historic process of democratic and free State of Illinois, and all Americans have throughout Afghanistan, creating the condi- market transformation after emerging mourned the victims of this tragedy and tions for stabilization and reconstruction; from decades of occupation. They have have offered support to the victims’ friends Whereas Albania, Croatia, and Macedonia made important progress in estab- have made important improvements in their and families and to the greater Northern Illi- lishing civilian control of their mili- nois University community; democratic processes, including— Whereas Northern Illinois University has (1) embracing ethnic diversity; taries and demonstrating their ability established a scholarship fund to honor the (2) respecting human rights; to operate with the military forces of memory of the students slain in the Feb- (3) building a free market economy; and NATO nations at alliance standards. ruary 14 tragedy; and (4) promoting good neighborly relations; Albania, Croatia, and Macedonia con- Whereas the Northern Illinois University Whereas NATO conducted military oper- tinue to make important contributions community is determined to move ‘‘forward, ations against the Federal Republic of Yugo- to the United Nations-mandated Inter- together forward’’, in the words of the slavia to further the objective of a lasting national Security Assistance Force, Huskie fight song, and to persevere through peace in Kosovo; ISAF, operating under NATO leader- this tragedy with heavy hearts but unbroken Whereas the United States has diplomati- ship to assist the Government of Af- spirits: Now, therefore, be it cally recognized the independence of Kosovo Resolved, That the Senate— and should support the integration of Kosovo ghanistan in extending and exercising (1) expresses its sincere condolences to the into international and Euro-Atlantic institu- its authority and influence across the families, friends, and loved ones of those who tions; country and creating the conditions for were killed in the tragic shooting on Feb- Whereas lasting stability and security in stabilization and reconstruction. In ad- ruary 14, 2008, at Northern Illinois University Southeastern Europe requires the military, dition the three candidates have made

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE S1144 CONGRESSIONAL RECORD — SENATE February 25, 2008 important improvements in their nation. We now have a chance to bring Whereas, pursuant to sections 703(a) and democratic processes; toleration of Catholic Croatia, secular-Islamic Alba- 704(a)(1) of the Ethics in Government Act of ethnic diversity; respect for human nia and multi-ethnic, Orthodox Mac- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the rights; building a free market econ- edonia into the Euro-Atlantic commu- Senate may direct its counsel to defend officers of the Senate in civil actions relating to omy; and promotion of good neighborly nity of democracies. Not bad.’’ their official responsibilities: Now therefore, relations. Mr. Jackson concludes by asking an be it On February 18, 2008, the United important question. ‘‘Imagine if [the Resolved, That the Senate Legal Counsel is States and many of our European allies Alliance] had waited until Greece and authorized to represent the Secretary of the diplomatically recognized the inde- Turkey had completed their internal Senate in the case of National Association of pendence of Kosovo. This was an im- debates before inviting them to join Manufacturers v. Taylor, et al. portant step in putting the bloody his- NATO. Any further delay on the can- f tory of the Balkans in the past, but our didacies of Albania, Croatia and Mac- work there is not done. The United edonia will diminish regional stability NOTICES OF HEARINGS States and our allies must support the just as Kosovo begins its extended pe- COMMITTEE ON INDIAN AFFAIRS integration of Kosovo into inter- riod of supervised independence, and Mr. DORGAN. Mr. President, I would national and Euro-Atlantic institu- will confuse and undercut the Euro- like to announce that the Committee tions. We must also be prepared to pean Union as it takes over chief secu- on Indian Affairs will meet on Wednes- work closely with Serbia and assist rity responsibilities from the United day, February 27, at 9:30 a.m., in room with their goals of joining the Euro- States and NATO throughout the re- 485 of the Russell Senate Office Build- pean Union and engaging European in- gion. An inability to close this chapter ing in order to conduct a hearing on S. stitutions. In my view, lasting sta- in the Balkans would also dangerously 2232, the Foreign Aid Lessons for Do- bility and security in southeastern Eu- slow our engagement with Europe’s mestic Economic Assistance Act of rope requires the military, economic, East.’’ 2007. and political integration of emerging Now is the time for NATO to invite Those wishing additional information democracies into existing European these three important Balkan leaders may contact the Indian Affairs Com- structures. to join the alliance. If NATO is to con- mittee at 224–2251. tinue to be the preeminent security al- Albania, Croatia, and Macedonia can COMMITTEE ON SMALL BUSINESS AND liance and serve the defense interests play important roles in NATO efforts ENTREPRENEURSHIP of its membership, it must continue to in Southeastern Europe. These three Mr. KERRY. Mr. President, I would evolve and that evolution must include countries occupy critical geostrategic like to inform Members that the Com- enlargement. Potential NATO member- locations and are best situated to deter mittee on Small Business and Entre- ship motivates emerging democracies and disrupt any efforts by any party to preneurship will hold a hearing enti- to make important advances in areas destabilize the region through vio- tled ‘‘The President’s FY2009 Budget such as the rule of law and civil soci- lence. NATO membership for these Request for the Small Business Admin- ety. A closer relationship with NATO countries would be a success for Eu- istration,’’ on Wednesday, February 27, will promote these values in Albania, rope, NATO, and the United States by 2008, at 10 a.m., in room 428A of the Croatia, and Macedonia and contribute continuing to extend the zone of peace Russell Senate Office Building. and security into a region that pro- to our mutual security. COMMITTEE ON RULES AND ADMINISTRATION duced a world war and numerous re- Five years ago, the U.S. Senate Mrs. FEINSTEIN. Mr. President, I gional conflicts that have cost the lives unanimously voted to invite seven wish to announce that the Committee of hundreds of thousands, including countries to join NATO. Today, Bul- on Rules and Administration will meet Americans. garia, Estonia, Latvia, Lithuania, Ro- Bruce Jackson, president of the mania, Slovakia, and Slovenia are on Wednesday, February 27, 2008, at 10 Project on Transitional Democracies, making significant contributions to a.m. to hear testimony on Protecting wrote in the Washington Post on Feb- NATO and are among our closest allies Voters at Home and at the Polls: Lim- ruary 4 that ‘‘the transatlantic allies in the global war on terrorism. It is iting Abusive Robocalls and Vote Cag- face two critical questions when they time again for the United States to ing Practices. gather for their summit in Bucharest take the lead in urging its allies to For further information regarding in April. The first is whether to invite bring in new members and to offer this hearing, please contact Howard Albania, Croatia and Macedonia to join timely admission of Albania, Croatia, Gantman at the Rules and Administra- NATO, a decision that is the culmina- and Macedonia to NATO. tion Committee, 224–6352. tion of a 15-year effort to end the wars f f that followed the breakup of Yugo- SENATE RESOLUTION 460—TO AU- PRIVILEGES OF THE FLOOR slavia.’’ Mr. Jackson points out that THORIZE REPRESENTATION BY ‘‘critics say that Albania, Croatia and Mr. SMITH. Mr. President, I ask THE SENATE LEGAL COUNSEL IN unanimous consent that David Macedonia are not ready for NATO THE CASE OF NATIONAL ASSO- membership . . . But the fact is that Al- Harrelson, an intern in my office and a CIATION OF MANUFACTURERS V. member of the Confederated Tribes of bania, Croatia and Macedonia have TAYLOR, ET AL spent more than eight years in rig- the Grand Ronde in Oregon, be granted orous preparation for NATO member- Mr. REID (for himself and Mr. the privilege of the floor for the re- ship.’’ MCCONNELL) submitted the following mainder of the debate on the Indian Albania, Croatia, and Macedonia are resolution; which was considered and Health Care Improvement Act. not perfect, and there is more each of agreed to: The PRESIDING OFFICER. Without them needs to do economically and po- S. RES. 460 objection, it is so ordered. litically. Nevertheless, all three coun- Whereas, in the case of National Associa- f tries bring important backgrounds to tion of Manufacturers v. Taylor, et al., Case No. 08–CV–208–CKK (D.D.C.), pending in the PROVIDING FOR THE SAFE REDE- the table: ‘‘Croatia has the most im- United States District Court for the District PLOYMENT OF UNITED STATES pressive economic performance, and of Columbia, the plaintiff is asserting that TROOPS FROM IRAQ—MOTION TO real estate prices, of any country in the reporting requirements of section 4(b)(3) PROCEED southern Europe. In recent years, Alba- of the Lobbying Disclosure Act of 1995, 2 nia has contributed more soldiers to U.S.C. § 1603(b)(3), as amended by section 207 CLOTURE MOTION missions in Iraq, Afghanistan and of the Honest Leadership and Open Govern- Mr. REID. Mr. President, pursuant to international peacekeeping than most ment Act of 2007, Pub. L. No. 110–81, 121 Stat. the order of February 14, I now move to NATO allies. And since the end of the 735, 747, are unconstitutional; proceed to Calendar No. 575, S. 2633, Whereas, the plaintiff has named the Sec- Balkan wars in 1999, Macedonia has retary of the Senate, Nancy Erickson, as a and I have a cloture motion at the covered more ground in building an in- defendant in her capacity as the officer of desk. tegrated, multi-ethnic society in a the Senate responsible for the receipt of lob- The PRESIDING OFFICER. The clo- short time than any other European bying disclosure registrations and reports; ture motion having been presented

VerDate Aug 31 2005 00:47 Mar 27, 2008 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S25FE8.REC S25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — SENATE S1145 under rule XXII, the Chair directs the Mr. REID. Mr. President, I ask unan- Mr. President, tonight I am intro- clerk to read the motion. imous consent that the resolution be ducing and beginning the rule XIV The legislative clerk read as follows: agreed to, the preamble be agreed to, process on two bills related to the For- CLOTURE MOTION the motions to reconsider be laid upon eign Intelligence Surveillance Act. One We, the undersigned Senators, in accord- the table, en bloc, with no intervening bill would extend the Protect America ance with the provisions of rule XXII of the action or debate, and that any state- Act, the PAA, for 30 days, while the Standing Rules of the Senate, hereby move ments relating to this matter be print- other would extend that law until July to bring to a close debate on the motion to ed in the RECORD. 1, 2009. proceed to Calendar No. 575, S. 2633, safe re- The PRESIDING OFFICER. Without Earlier this year I introduced S. 2556 deployment of U.S. troops. objection, it is so ordered. which would have extended the PAA Russell D. Feingold, Edward M. Kennedy, for 30 days, and S. 2257, which would Patrick J. Leahy, Robert Menendez, The resolution (S. Res. 460) was Ron Wyden, Sherrod Brown, Richard agreed to. have extended the PAA until July 1, Durbin, Bernard Sanders, Patty Mur- The preamble was agreed to. 2009. The bills I am introducing tonight ray, Frank R. Lautenberg, Christopher The resolution, with its preamble, would extend the PAA for the same pe- J. Dodd, John D. Rockefeller, IV, Amy reads as follows: riods of time, but they are drafted to Klobuchar, Charles E. Schumer, Tom take account of the fact that the PAA S. RES. 460 Harkin, Barbara Boxer. has expired. In addition, they contain a Whereas, in the case of National Associa- Mr. REID. Mr. President, I now with- tion of Manufacturers v. Taylor, et al., Case post hoc effective date that is intended draw the motion pursuant to the pre- No. 08–CV–208–CKK (D.D.C.), pending in the to eliminate any potentially adverse vious order. United States District Court for the District legal effect resulting from the expira- The PRESIDING OFFICER. The mo- of Columbia, the plaintiff is asserting that tion of the PAA. tion is withdrawn. the reporting requirements of section 4(b)(3) My purpose in introducing bills with f of the Lobbying Disclosure Act of 1995, 2 two different extension lengths is to U.S.C. 1603(b)(3), as amended by section 207 of demonstrate once again that I am will- REQUIRING A REPORT SETTING the Honest Leadership and Open Government ing to extend the PAA for as long a FORTH THE GLOBAL STRATEGY Act of 2007, Pub. L. No. 110–81, 121 Stat. 735, time, or as short a time, as is needed to OF THE UNITED STATES TO 747, are unconstitutional; finalize a strong final bill. COMBAT AND DEFEAT AL QAEDA Whereas, the plaintiff has named the Sec- Now that the House and Senate have retary of the Senate, Nancy Erickson, as a AND ITS AFFILIATES—MOTION both passed bills—H.R. 3773 and S. TO PROCEED defendant in her capacity as the officer of the Senate responsible for the receipt of lob- 2248—to strengthen the PAA, the right CLOTURE MOTION bying disclosure registrations and reports; way to get to a final bill is through bi- Mr. REID. Mr. President, pursuant to Whereas, pursuant to sections 703(a) and partisan negotiations. Unfortunately, the order of February 14, I now move to 704(a)(1) of the Ethics in Government Act of my Republican friends appear unwill- proceed to Calendar No. 576, S. 2634, 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(1), the ing to negotiate. We convened two ne- and I have a cloture motion at the Senate may direct its counsel to defend offi- gotiating sessions last week, but Re- cers of the Senate in civil actions relating to desk. publican staff members and adminis- their official responsibilities: Now therefore, tration lawyers declined to attend. The PRESIDING OFFICER. The clo- be it ture motion having been presented Resolved, That the Senate Legal Counsel is Meanwhile, President Bush says that under rule XXII, the Chair directs the authorized to represent the Secretary of the the expiration of the Protect America clerk to read the motion. Senate in the case of National Association of Act has made America less safe, but he The legislative clerk read as follows: Manufacturers v. Taylor, et al. threatened to veto a bill extending CLOTURE MOTION f that law while negotiators work on a final bill. The President’s position is We, the undesigned Senators, in accord- MEASURES READ THE FIRST ance with the provisions of rule XXII of the inexplicable and reckless. Standing Rules of the Senate, hereby move TIME—S. 2663, S. 2664, AND S. 2665 The bottom line for Senate Demo- to bring to a close debate on the motion to Mr. REID. Mr. President, there are crats is clear: We want to give our in- proceed to Calendar No. 576, S. 2634, global three bills at the desk, and I ask for telligence professionals all needed strategy report. their first reading en bloc. tools while protecting the privacy of Russell D. Feingold, Edward M. Kennedy, The PRESIDING OFFICER. The law-abiding Americans. We are willing Patrick J. Leahy, Robert Menendez, to extend the Protect America Act for Ron Wyden, Sherrod Brown, Richard clerk will report the bills by title. Durbin, Bernard Sanders, Patty Mur- The assistant legislative clerk read as long as it takes to get a final bill. ray, Joseph R. Biden, Jr., Frank R. as follows: f Lautenberg, Christopher J. Dodd, John A bill (S. 2663) to reform the Consumer ORDERS FOR TUESDAY, D. Rockefeller, IV, Amy Klobuchar, Product Safety Commission to provide FEBRUARY 26, 2008 Charles E. Schumer, Tom Harkin, Bar- greater protection for children’s products, to bara Boxer. improve the effectiveness of consumer prod- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I now with- uct recall programs, and for other purposes. imous consent that when the Senate draw the motion pursuant to the pre- A bill (S. 2664) to extend the provisions of completes its business today, it stand vious order. the Protect America Act of 2007. adjourned until 10 a.m. tomorrow, The PRESIDING OFFICER. The mo- A bill (S. 2665) to extend the provisions of Tuesday, February 26; that following the Protect America Act of 2007 until July 1, the prayer and the pledge, the Journal tion is withdrawn. 2009. f of proceedings be agreed to, the morn- Mr. REID. Mr. President, I now ask ing hour be deemed expired, the time AUTHORIZING LEGAL for the second reading en bloc and ob- for the two leaders be reserved for their REPRESENTATION ject to my own request en bloc. use later in the day, and the Senate re- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Objec- sume consideration of S. 1200, the In- imous consent that the Senate proceed tion is heard. dian Health Care Improvement Act, as to the consideration of S. Res. 460. Mr. REID. Mr. President, I would say under the previous order. Further, I The PRESIDING OFFICER. The that S. 2663 is a bipartisan piece of leg- ask that the Senate stand in recess clerk will report the resolution by islation, the Consumer Product Safety from 12:30 p.m. until 2:30 p.m. to allow title. Act. We have been working for months for the weekly caucus luncheons. The assistant legislative clerk read to get this going. It is my under- The PRESIDING OFFICER. Without as follows: standing now that Senators PRYOR and objection, it is so ordered. A resolution (S. Res. 460) to authorize rep- STEVENS asked that this matter move f resentation by the Senate Legal Counsel in forward. the case of National Association of Manufac- The other matter related to the FISA PROGRAM turers v. Taylor, et al. bill, we are trying to work something Mr. REID. Mr. President, there could There being no objection, the Senate out with the House, and hopefully we be as many as five rollcall votes begin- proceeded to consider the resolution. can get something done on that soon. ning as early as 10 tomorrow morning.

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Mr. President, I ask unan- the tribal justice systems; five, an security. imous consent that we return to the In- analysis of tribal leader suggestions to We are talking about the Indian dian Health Care Improvement Act, the current problems. Health Care Improvement Act. This is and that the Senator from South Da- This is where I think it is important a health and public safety issue. If you kota be allowed to speak for whatever that we listen to the elected leadership don’t have that, you cannot have eco- time he may consume, and that fol- on the reservations. Last week during nomic development; you cannot have lowing his remarks, the Senate stand the congressional break, I happened to kids learning in a safe and secure envi- adjourned under the previous order. have had the opportunity to travel ronment. They are not going to be able The PRESIDING OFFICER. Without across my State. I stopped at a couple to learn at the very fastest rate pos- objection, it is so ordered. different reservations. I was up on the sible if they are worried about their se- f Standing Rock Sioux Tribe’s reserva- curity. This is an important issue, one tion and also at the Sisseton-Wahpeton that I think needs to be addressed. INDIAN HEALTH CARE IMPROVE- Oyate reservation with the tribal Again, I appreciate the willingness MENT ACT AMENDMENTS OF chairmen. The chairman of the Stand- on behalf of the managers of the bill to 2007—Continued ing Rock Sioux Tribe is Ron His Horse accept this amendment. I hope as the Mr. THUNE. Mr. President, I want to Is Thunder, and the chairman of the process moves forward, we will see ac- pick up where I left off regarding the Sisseton-Wahpeton Oyate tribe is Mi- tion by the House of Representatives Indian Health Care Improvement Act, chael Selvage. that will allow us to get a bill passed which is the pending business before One of the issues that came up in the through the Congress and on the Presi- the Senate. As I stated earlier, we will meetings was this issue of law enforce- dent’s desk, signed into law, which will be having a series of votes tomorrow on ment. There is, of course, in the Stand- address the serious health care needs a number of amendments. One, I think, ing Rock Sioux Tribe a good example on the reservations, but also this im- improves this bill and addresses an of what I am talking about in terms of portant amendment, the GAO study, issue which is important to me and a the dimensions of this problem. You will allow us to take a close look—for number of my colleagues. The amend- have 2.4 million acres of land on the the first time, a sort of outside objec- ment is offered by our colleague from Standing Rock Sioux Tribe reserva- tive third-party look at tribal justice Louisiana, Senator VITTER, amend- tion. Yet you have about 10,000 people in the Dakotas. ment No. 3896. and you only have about 9 policemen, As I mentioned, it is a very serious If the amendment is adopted, it law enforcement personnel out there, need and challenge we face. I got lots would codify Federal Indian health who are committed to that large geo- of good information during my visit care service funds. I hope that is an graphic area. At any given time, you last week from members of the tribal amendment that will be adopted to the are only going to have a couple of them council and the chairmen regarding bill. I think that is important to have. on duty. So you have all kinds of issues that subject. I think they are all anx- Also, as we consider these final that come up relating to being able to ious to get the study under way and amendments, I hope we can also see ac- respond in a timely way to calls and to anxious to get the results so we can tion in the other body, the House of make arrests. I think it is a very dif- move forward with policies that make Representatives, because the Senate ficult challenge that we face on the sense and that will keep our reserva- acting on this is long overdue. It is reservations partly because of the ge- tions safe for young people to learn and critically important to the tribes I rep- ography but also because of the spar- for those who want to come there and resent that we get an Indian Health sity that we have today of law enforce- start businesses and have a safe envi- Care Improvement Act reauthorization ment personnel. ronment in which to do that. in place. But the fact that the Senate I think the GAO study will look at a With that, I yield back the remainder has acted won’t amount to much if in lot of issues and that will be one com- of my time. fact the other body doesn’t also take ponent. It will look at the tribal court f up this legislation and pass it and en- system, which is also something we ADJOURNMENT UNTIL 10 A.M. able us to go into conference and get a need to look at and determine what, if TOMORROW bill we can put on the President’s desk anything, can be done to improve the The PRESIDING OFFICER. Under that he can sign into law. workings of the system. We clearly the previous order, the Senate stands I wish to speak specifically to one have a problem that, if you look at the adjourned until 10 a.m. tomorrow. amendment that was adopted. Again, I data, needs to be addressed. Thereupon, the Senate, at 7:35 p.m., thank my colleagues Senators MUR- If you don’t contemplate or under- adjourned until Tuesday, February 26, KOWSKI and DORGAN for working with stand the need for this amendment, let 2008, at 10 a.m. me to have it adopted. It has to do with me give you a couple of pieces of infor- f tribal justice in the Dakotas. mation. Studies show that one out of One of the amendments I offered to every three Native American women NOMINATIONS this bill, No. 4021, goes a long way to- will be raped in their lifetime. The De- Executive nominations received by ward attempting to improve the issue partment of Justice has found that the Senate: 1 that, in my view, is at the core fun- American Indian women are 2 ⁄2 times DEPARTMENT OF STATE damentally to a lot of issues we are more likely to be raped or sexually as- SCOT A. MARCIEL, OF CALIFORNIA, FOR THE RANK OF having in Indian country, and that is saulted than women throughout the AMBASSADOR DURING HIS TENURE OF SERVICE AS DEP- UTY ASSISTANT SECRETARY OF STATE FOR EAST ASIAN law enforcement. The amendment sim- rest of the country. Remote reserva- AND ASSOCIATION OF SOUTHEAST ASIAN NATIONS ply attempts to help with the process, tions in North Dakota and South Da- (ASEAN) AFFAIRS. DONALD E. BOOTH, OF VIRGINIA, A CAREER MEMBER the analysis of what is happening with kota have an average of 10 times as OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- regard to justice and law enforcement much crime as the rest of the Nation. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND What this GAO study would do is it PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA in Indian Country by having the GAO TO THE REPUBLIC OF ZAMBIA. complete a study within 1 year of the would assist the tribes not only in NANCY E. MCELDOWNEY, OF FLORIDA, A CAREER MEM- North Dakota and South Dakota but I BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- tribal justice systems within North Da- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- kota and South Dakota, two States think assist policymakers in Congress DINARY AND PLENIPOTENTIARY OF THE UNITED STATES concerning possible solutions that OF AMERICA TO THE REPUBLIC OF BULGARIA. that have a high incidence of crime on STEPHEN GEORGE MCFARLAND, OF TEXAS, A CAREER our reservations. could be used to reduce the higher MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF Specifically, I am asking the study to rates of crime on reservations. Having MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES focus, one, on how tribal courts cur- met numerous times with members of OF AMERICA TO THE REPUBLIC OF GUATEMALA.

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GILLIAN ARLETTE MILOVANOVIC, OF PENNSYLVANIA, IN THE ARMY IN THE NAVY A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EXTRAORDINARY AND PLENIPOTENTIARY OF THE IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNITED STATES OF AMERICA TO THE REPUBLIC OF WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MALI. RESPONSIBILITY UNDER TITLE 10, U.S.C. SECTION 601: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be lieutenant general SMALL BUSINESS ADMINISTRATION To be vice admiral LT. GEN. STANLEY A. MCCHRYSTAL CAROL DILLON KISSAL, OF MARYLAND, TO BE INSPEC- IN THE MARINE CORPS REAR ADM. WILLIAM H. MCRAVEN TOR GENERAL, SMALL BUSINESS ADMINISTRATION, VICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC M. THORSON. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE GRADE OF LIEUTENANT GENEARL IN THE UNITED WHILE ASSIGNED TO A POSTIION OF IMPORTANCE AND STATES MARINE CORPS WHILE ASSIGNED TO A POSITION DEPARTMENT OF DEFENSE RESPONSIBILITY UNDER TITLE 10. U.S.C., SECTION 601: OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, JOSEPH A. BENKERT, OF VIRGINIA, TO BE AN ASSIST- U.S.C. SECTION 601: To be vice admiral ANT SECRETARY OF DEFENSE, VICE PETER CYRIL To be lieuenant general WYCHE FLORY, RESIGNED. REAR ADM. MICHAEL C. VITALE BRIG. GEN. JOSEPH F. DUNFORD, JR.

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RECOGNIZING MR. SCOTT STOREY tance our nation places on service to others, HONORING THELMA TRAYLOR and to encourage all young Americans to con- SEALE HON. THOMAS G. TANCREDO tribute to their communities. OF COLORADO A junior at Corona del Sol High School, HON. BARBARA LEE OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Grace leads two tutoring programs in her community that help immigrants learn English. IN THE HOUSE OF REPRESENTATIVES Monday, February 25, 2008 Grace, who used to struggle with English be- Monday, February 25, 2008 Mr. TANCREDO. Madam Speaker, I rise cause she spoke Mandarin Chinese at home, Ms. LEE. Madam Speaker, I rise today to today to congratulate Mr. Scott Storey, District is now co-director of the Chinese Immigrant honor the extraordinary life of Mrs. Thelma Attorney for the First Judicial District of Colo- Tutoring Center at her church, where she has Traylor Seale of Oakland, California. A caring rado, including Jefferson and Gilpin counties, volunteered for five years. In addition, she co- friend, mentor, mother, and grandmother, for his recent distinction as Elected Official of founded a similar tutoring program at a local Thelma was an extraordinary presence in our the Year by the West Chamber. A native son library three years ago. community. Mrs. Seale passed on January 25, of Colorado, Mr. Storey’s recognition is just a Grace should be proud of her accomplish- 2008. small display of appreciation for his commit- ments. Again, I congratulate Grace on her She was the loving mother of Mr. Bobby ment towards upholding justice and integrity in award and thank her for a job well done. Seale, co-founder of the Black Panther Party, the legal realm. Ms. Bettye Seale-Williams, and Mr. John Mr. Storey is a veteran prosecutor who has f Henry Seale. With eight grandchildren and spent the last 20 years in public service. three great grandchildren, Thelma understood Madam Speaker, I proudly ask you to join A TRIBUTE TO THE ROTARY CLUB the value of family and the importance of to- me in congratulating Mr. Storey for his dedi- OF PASADENA SUNRISE getherness. With Thelma’s passing, we look to cated work and promise for Coloradans. her family to remind us of her extraordinary f life and her unwavering strength of character. Mrs. Seale was 37 days shy of her 100th HONORING JOHN PETE MICHAEL HON. ADAM B. SCHIFF birthday at the time of her passing. The shear OF CALIFORNIA breadth and substance of such a long life at- HON. SAM GRAVES IN THE HOUSE OF REPRESENTATIVES tests to Thelma’s vitality and energy. She ex- OF MISSOURI perienced first-hand the most important and IN THE HOUSE OF REPRESENTATIVES Monday, February 25, 2008 dynamic moments in the struggles of African- Monday, February 25, 2008 Mr. SCHIFF. Madam Speaker, I rise today Americans in our country throughout the last century. More than a witness, Thelma Traylor Mr. GRAVES. Madam Speaker, I proudly to honor the Rotary Club of Pasadena Sunrise upon the occasion of its seventieth anniver- Seale was on the frontlines of history through pause to recognize the outstanding achieve- the African-American community’s resilient ment of John P. ‘‘Pete’’ Michael of Kansas sary. The Rotary Club of Pasadena Sunrise is a group whose members are active contribu- pursuit of equality and justice. City, Missouri. Pete has been awarded the Mrs. Seale was born in Jasper, Texas on tors to the community, both locally and nation- President’s Volunteer Service Lifetime March 3, 1908. She was the fifteenth of six- ally. Achievement Award. This prestigious recogni- teen children born to her family, and she lived tion requires more than four thousand hours of Over the past seventy years, the Rotary to be the oldest. During World War II, Mrs. volunteer service over a lifetime. Club of Pasadena Sunrise has exemplified the Seale was an employee of Kelly Air Force Madam Speaker, Pete Michael has worked Rotary motto: ‘‘Service Above Self.’’ The Base in San Antonio, Texas. She arrived in tirelessly on behalf of the children of the great club’s nonprofit foundation has raised several Berkeley, California in 1943, where she re- state of Missouri for nearly all 74 years of his hundred thousand dollars to benefit the com- sided in the Codornices Village housing life. Pete has served as a police officer and munity. projects. In the 1950’s Mrs. Seale moved to Squadron Commander of the Civil Air Patrol. For over a decade, the Rotary Club of Oakland, where she remained as an involved As a pilot, he has devoted countless hours to Pasadena Sunrise has ‘‘adopted’’ Field Ele- and dedicated member of the community for flying sick children to Shriners Hospitals to re- mentary School in Pasadena and has donated the remainder of her life. ceive emergency care. to the school’s library and landscaping. Annu- In spite of the many challenges Mrs. Seale Madam Speaker, I ask that you join me in ally, the club also recognizes outstanding Field faced in her life, the injustices she witnessed, applauding Pete Michael’s selfless acts of Elementary School students. Minigrants are and the hardships she overcame, she was generosity through volunteerism and his ex- awarded annually to Pasadena Unified School known first and foremost for her sweet and ample which inspires all walks of life through- District school teachers to meet needs that are caring personality. Mrs. Seale’s love for others out our great Nation to help one another. not funded by the district. and the joy she spread through laughter and good humor are what her family remembers f Internationally, the club has done much vol- most about her. MS. GRACE DO DISTINGUISHED FI- unteer service in Mexico, including building A survivor, a loving matriarch, and a pillar in NALIST PRUDENTIAL SPIRIT OF houses for the homeless, donating a fire truck our community, Thelma will be sorely missed. COMMUNITY AWARD and emergency vans to small towns, and However, we are thankful for the opportunities sending medical supplies to villages. The club she gave us to come together and celebrate HON. HARRY E. MITCHELL also provides funding for overseas projects in the hope and love in our lives. As we say nations such as Uganda, Nigeria, and Liberia. OF ARIZONA goodbye to her, we have been given yet an- In addition, the club is sponsoring a project in IN THE HOUSE OF REPRESENTATIVES other opportunity to reflect on the rich past of India, where a child care center and a com- our community and the century Thelma lived Monday, February 25, 2008 puter/vocational center will be created in the to see. Mr. MITCHELL. Madam Speaker, I rise village of Chahalka, India. Today, California’s 9th Congressional Dis- today to congratulate Ms. Grace Do, who has For their extraordinary commitment to mak- trict salutes and honors a great human being, been selected as a Distinguished Finalist for ing both the local and the international com- our beloved Thelma Traylor Seale. We extend the Prudential Spirit of Community Award, munity a better place, I ask all members of our deepest condolences to Thelma’s family which honors young people for outstanding Congress to join me in congratulating the and to her children. Thank you for sharing her acts of volunteerism. The Prudential program members of the Rotary Club of Pasadena rise great spirit with us. May her soul rest in was created in 1995 to emphasize the impor- upon their seventieth anniversary. peace.

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

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K25FE8.001 E25FEPT1 ccoleman on PRODPC75 with REMARKS E220 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 RECOGNIZING THE SERVICE AND Guam Territorial Band Society, non-profit or- MARKING THE 47TH ANNIVERSARY ACHIEVEMENTS OF THE GUAM ganization that supports the band. Mr. Toal’s OF THE PEACE CORPS TERRITORIAL BAND successors are Mr. Dave Poblete, Ms. Cheryl Bay, Mr. Charles Hardy, Mr. Brad McNeal, Dr. HON. CHRIS VAN HOLLEN HON. MADELEINE Z. BORDALLO Milton Crotts, and Mr. Delfin Damian. The OF MARYLAND OF GUAM band’s current director, Mr. Maximo Ronquillo, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Jr., founded the Tumon Bay Music Festival in Monday, February 25, 2008 Monday, February 25, 2008 2005. Organized with the help of Dr. Robert Halseth, professor of music at California State Mr. VAN HOLLEN. Madam Speaker, I rise Ms. BORDALLO. Madam Speaker, for University, Sacramento, the festival has be- to pay tribute to the Peace Corps, one of the more than 30 years now, the Guam Territorial most important and worthy institutions our come the band’s signature event and will be in Band has served the community of Guam by country has ever established. More than its fourth year in March 2008. providing music for official events and activi- 190,000 Americans have served as Peace ties, and more importantly, by helping young We are proud of our territorial band and en- Corps Volunteers since its inception in 1961 musicians in my district to hone and refine courage its continued growth and success. We by President John F. Kennedy, who inspired their musical talent. also commend Mr. Ronquillo, his prede- Americans to serve their country in the cause With fond memories of the Navy Band’s cessors, and all the members of the band, of peace by living and working in developing Sunday concerts in our Plaza de Espana prior both past and present. Thank you all for the countries. I am proud that 34 of my constitu- to World War II, Governor Ricardo J. Bordallo, wonderful music you bring into our lives. ents are currently serving as Volunteers in a my late husband, established the Governor’s number of countries around the world, and I Youth Band in 1976 to encourage young musi- f wish them well in their worthwhile endeavors. cians to perform for the public outside the The Peace Corps brings out the best of the school setting. Interest and participation was IN HONOR OF PHILLIP MOSES American character. It demonstrates to the immediate, and under the direction of Mr. rest of the world, where misconceptions of the Peter Leon Guerrero, the first Governor’s United States are too often prevalent, that we Youth Band performed for the inauguration of HON. STEPHANIE TUBBS JONES are a caring people, interested in the well- Saipan’s Governor Carlos S. Camacho. With being of mankind. The Volunteers live in the OF OHIO funds raised entirely by community donations, communities in which they serve by working the Governor’s Youth Band traveled to Wash- IN THE HOUSE OF REPRESENTATIVES as teachers and development experts, and ington, DC and represented Guam in the pa- they assist in post-conflict relief and recon- rade for the inauguration of President Jimmy Monday, February 25, 2008 struction efforts and health care crises, such Carter in January 1977. With that auspicious Mrs. JONES of Ohio. Madam Speaker, as the HIV/AIDS pandemic. start, the band evolved to fulfill Governor With the break-up of the former Soviet today I rise to honor Phillip Moses, a good Bordallo’s expectations, with one exception: Union and the emergence of many new states friend and a great constituent of the Eleventh the musicians remained unpaid volunteers. around the world, Peace Corps Volunteers are Congressional District of Ohio. Governor Bordallo’s successor, Governor serving in more countries than ever before. Paul Calvo, changed the band’s name to the Phillip Moses is characterized by many as Volunteers learn more than 250 languages Guam Youth Band. The name was later an ‘‘affable and altruistic man.’’ Phillip Moses and dialects, and they receive extensive changed again to the Guam Territorial Band joined the staff of the Case Western Reserve cross-cultural training that enables them to and membership was opened to all ages. University law school on October 4, 1971, as work effectively. In many remote places, they Today, supported entirely by private dona- building superintendent when the law school are often the only contact that villagers have tions, the Guam Territorial Band continues its was located on Adelbert Road in Cleveland, with Americans. Our country owes the Peace service to the people of Guam by performing Ohio. Since then he has worked tirelessly pro- Corps Volunteers, who often work under very at village fiestas, graduations, military change viding support for over one hundred faculty difficult circumstances, a debt of gratitude for of command ceremonies, our annual Veteran’s and staff, over six hundred students, and to their service that has improved the image of Day and Memorial Day commemorations, and keep the facilities of the building running our country overseas and improved the lives other various public and private ceremonies. smoothly. of millions of people around the globe. Although severe cold weather in 1985 f forced the cancellation of President Ronald Phillip’s calm demeanor and great sense of Reagan’s inaugural parade and precluded the humor have become an invaluable presence HONORING SERGEANT JOSEPH band’s performance at another presidential in- at the law school as well as his ability to pre- CHRISTOPHER GENTILE augural, the Guam Territorial Band continues pare the building for classes and special to share its talent beyond Guam’s shores. The events. Phillip has also been described by HON. ELEANOR HOLMES NORTON band performed at the Republic of Palau’s 5th some as, ‘‘The ultimate handyman’’. When OF THE DISTRICT OF COLUMBIA Constitutional Anniversary in 1997; in Australia Phillip is not working in the law school, he can IN THE HOUSE OF REPRESENTATIVES and New Zealand in 1993 and 2005; in South be found working on carpentry and construc- Monday, February 25, 2008 Korea in 1995; in the United Kingdom in 1998; tion projects at his home. in Japan in1999 and 2003; in Hawaii’s 19th Ms. NORTON. Madam Speaker, I rise today Pacific Basin Music Festival in 2004; for Presi- In 2004, Phillip Moses was chosen as one to congratulate Joseph Christopher Gentile on dent Bill Clinton’s historic visit to Guam in of three recipients of the President’s Award for his retirement from the Metropolitan Police De- 1998 and for Philippines President Fidel Distinguished Service at Case Western Re- partment. With devotion, professionalism, and Ramos in 2002; and most recently, at the New serve University. This is the highest award expertise, from October 9, 1967, until October York’s Carnegie Hall as part of the New York that the University confers on its staff per- 21, 2007, Sergeant Gentile, or the ‘‘godfather’’ Band and Orchestra Festival on April 21, sonnel. The award recognizes an individual’s as his friends and colleagues call him, fulfilled 2007. The Guam Territorial Band is also ex- dedication to provide outstanding service to the mission of the Metropolitan Police Depart- pected to perform at the opening ceremonies the Case Western Reserve University commu- ment to safeguard the District of Columbia and of the 2008 Olympics in Beijing. nity. protect its residents and visitors by providing The Guam Territorial Band is a recipient of Phillip Moses retired from his work on Feb- the highest quality of police service with integ- the Australian International Music Festival’s ruary 1, 2008. Phillip and his wife will enjoy re- rity, compassion, and a commitment to innova- Gold Award (2005) and Bronze Award (1993). tirement in their newly purchased home in the tion that integrates people, technology, and progressive business systems. It is also the second place winner of the Inter- suburbs of Nashville, Tennessee. national Lions Parade (Marching Unit) Com- Upon completion of recruit training, Ser- petition (1998). On behalf of the Eleventh Congressional geant Gentile was assigned to the First District These accolades over the years are the re- District of Ohio it gives me great pleasure to as a patrol officer. In September of 1969, he sult of the devotion of the volunteer musicians congratulate my friend, Phillip Moses, for his was assigned to the Community Relations Di- and from inspired and enthusiastic leadership. service to Case Western Reserve University, vision, Public Information Branch. In 1977, The band’s first official director, Mr. George and the Eleventh Congressional District of then-Public Information Officer Gentile, Toal, also was a founding member of the Ohio. emerged as a national television presence

VerDate Aug 31 2005 06:21 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.003 E25FEPT1 ccoleman on PRODPC75 with REMARKS February 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E221 when a Hanafi Muslim group stormed three and earned a bachelor’s degree in geology cumstance, the Government must look at all DC buildings. This act resulted in the killing of and a master’s degree in geophysics. After options and alternatives to seizing someone’s a radio reporter, and a security guard and marrying Donna Lee, the two moved to Mary- home, business and livelihood. We must en- then-DC Councilman, Marion Barry, were both land to raise their new family. sure proper compensation to private property shot and wounded. This was the first of many When their oldest son Greg joined the Cub owners, and not force our citizens into unten- local, national, and international incidents that Scouts as a Tiger, the Goldsteins became ac- able situations. would thrust Public Information Officer Gentile tive members in Maryland’s Pack 880. Donna What was truly upsetting about our debate into the limelight. These incidents include, but Lee served as the Pack’s Den Leader and was the other side of the aisle throwing out are not limited to, the 1982 shooting of Presi- Song Mistress, while Abe took on the respon- this term, getting the American people in an dent Ronald Reagan, the 1994 fatal shootings sibility of being the Committee Chair. Even uproar, with no factual basis that eminent do- of a Metropolitan Police Department, MPD, after their oldest son, Greg, had bridged out main would be used. It would seem that the sergeant and two FBI agents inside police from the Cub Scouts and 3 years before their Minority’s only goal is to further divide this headquarters, and hundreds of homicides dur- youngest son, Max, could become a Tiger in country and make the passage of legislation ing the 1990s when the District of Columbia the Pack, Abe and Donna Lee continued their impossible. We have seen this time and time was the Nation’s murder capital. involvement, opening their personal workshop again. The Minority would rather sit in their Public Information Officer Gentile was pro- for the scouts’ Pinewood Derby clinics and as- corner making baseless attacks against good moted to the rank of sergeant on November sisting with the building of the new race track. legislation when they should be fulfilling their 15, 1982, and remained assigned as the Pub- For his years of consistent dedication to the constitutional role as Representatives, as lead- lic Information Officer because of his invalu- program, Abe was recently named Cub Master ers, and work with my colleagues to do what able knowledge and years of experience. Ser- of Pack 880. is best for the country. geant Gentile proudly served as the MPD The Cub Scout program gives adults the op- I was pleased to see both sides coming to- spokesman for 34 years, during the tenure of portunity to have a positive influence on chil- gether to quickly pass an important economic eleven chiefs of police. He also participated in dren’s lives. People like the Goldsteins have stimulus package, but more cooperation is ten Presidential inaugurations and served dur- helped sustain the Cub Scout program needed for children’s health insurance, the ing the 1968 riots, the 1972 May Day dem- throughout its history, encouraging more fami- Farm Bill and this year’s upcoming appropria- onstrations, the 1982 Air Florida crash and lies to become involved. By donating their tion process. I hope in this new session we subsequent fatal Metrorail crash, the 1991 time, resources, and talent to this worthwhile see more of what we saw during the passage Mount Pleasant Riots, and the 2000 IMF dem- program, the Goldsteins have enriched the of the economic stimulus bill, and not a return onstrations. lives of countless children in the Cockeysville to the same old politics that plagued our In December of 2006, then-Chief Charles H. community. Chamber last year. Ramsey awarded Sergeant Gentile with a Madam Speaker, I ask that you join with me medal and dedicated the public information of- today to honor Abe and Donna Lee Goldstein. f Their commitment and dedication to the scout- fice in his name. In October of 2007, Chief MS. KAITLYN MULHOLLAN TOP ing program through the years is truly com- Cathy L. Lanier presented Sergeant Gentile YOUTH VOLUNTEER OF ARIZONA mendable. The impact of the Goldsteins’ con- with a Distinguished Service Award for 40 PRUDENTIAL SPIRIT OF COMMU- tributions will affect the youth of their commu- years of dedicated and loyal service. NITY AWARD A tireless performer and distinguished law nity for years to come. It is with great pride enforcement professional, Sergeant Gentile that I congratulate Abe and Donna Lee Gold- deserves the admiration of all who come into stein on their exemplary involvement in the HON. HARRY E. MITCHELL contact with him. Thank you, Sergeant Gen- Cub Scout program. OF ARIZONA tile, for your exceptional service to the Metro- f IN THE HOUSE OF REPRESENTATIVES politan Police Department, the Congress, the Monday, February 25, 2008 District of Columbia, and the American people, H.R. 1528: NEW ENGLAND NA- and congratulations on achieving this impor- TIONAL SCENIC TRAIL DESIGNA- Mr. MITCHELL. Madam Speaker, I rise tant milestone. TION ACT today to congratulate Ms. Kaitlyn Mulhollan, who has been selected to receive the Pruden- f HON. NANCY E. BOYDA tial Spirit of Community Award as Arizona’s PERSONAL EXPLANATION OF KANSAS Top Youth Volunteer. The Prudential Spirit of IN THE HOUSE OF REPRESENTATIVES Community Award, which honors young peo- HON. PAUL W. HODES ple for outstanding acts of volunteerism, was Monday, February 25, 2008 created in 1995 to emphasize the importance OF NEW HAMPSHIRE Mrs. BOYDA of Kansas. Madam Speaker, our nation places on service to others, and to IN THE HOUSE OF REPRESENTATIVES we heard a lot of debate recently that focused encourage all young Americans to contribute Monday, February 25, 2008 on the threat of passing the New England Na- to their communities. Mr. HODES. Madam Speaker, due to a mis- tional Scenic Trail Designation Act. The other A senior at Corona del Sol High School, understanding on the floor I missed one vote side of the aisle attacked the bill with the proc- Kaitlyn has helped build 10 houses for needy in a series of votes on Thursday, February 14, lamation that private property owners would families over the past five years as a volunteer 2008. As a co-sponsor of the bill, I would have have their land seized by the Federal govern- with Habitat for Humanity, and now serves as voted ‘‘yes’’ for the following vote: H. Res. ment. This clearly wasn’t the case. As stated a team leader for the local Habitat chapter. 963—Supporting the goals and ideals of Na- before, the bill only allowed the National Park After working on her first house when she was tional Salute to Hospitalized Veterans Week, Service to purchase land from willing sellers. only 13 years old, Kaitlyn has shown up early and for other purposes. But in the spirit of that debate, I’d like to take every Saturday morning when projects are f a moment and discuss eminent domain. under way. As a team leader, Kaitlyn has the I know that myself, the constituents of the responsibility of guiding and assisting many A TRIBUTE TO ABE AND DONNA Second District of Kansas, nearly every Amer- small groups of volunteers on the construction LEE GOLDSTEIN ican has the same feelings towards eminent site. In addition, Kaitlyn has worked tirelessly domain. No one wants a federal official knock- to educate others about Habitat for Humanity’s HON. C.A. DUTCH RUPPERSBERGER ing on their door asking for their keys and tell- mission, even recruiting friends and class- OF MARYLAND ing them to ‘‘pack up and move.’’ Our found- mates to join the effort. She has also per- IN THE HOUSE OF REPRESENTATIVES ing fathers created this country to throw off suaded her employer, California Pizza Kitch- such tyrannical uses of power by the Govern- en, to provide meals for construction volun- Monday, February 25, 2008 ment, and we must continue that legacy today. teers. Mr. RUPPERSBERGER. Madam Speaker, I State, local and Federal Government has a As a state honoree, Kaitlyn will join youth rise before you today to honor Abe and Donna duty to its citizens to preserve their right to pri- from across the country here in Washington Lee Goldstein for their contributions to the vate property and use eminent domain only in DC in May. Kaitlyn should be proud of her ac- Cub Scout program. Growing up in Wil- the rarest of circumstances when it is abso- complishments. Again, I congratulate Kaitlyn mington, DE, Abe belonged to the Civil Air Pa- lutely necessary. Those occasions should be on her award and thank her for a job well trol. He attended the University of Delaware few and far in between. And in every cir- done.

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.006 E25FEPT1 ccoleman on PRODPC75 with REMARKS E222 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 EXPRESSING THE CONDOLENCES IN MEMORY OF GEORGE EARL community dutifully and honorably. When OF THE HOUSE OF REPRESENTA- MCNEELY called upon, the firefighters of the Lower TIVES ON THE DEATH OF THE Southampton Fire Department have not been HONORABLE TOM LANTOS. A HON. MIKE ROSS daunted by even the most dangerous of chal- REPRESENTATIVE OF THE OF ARKANSAS lenges. Their daily efforts to ensure the safety of the people of Lower Southampton are in- STATE OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES spiring, and that is why I am proud to recog- Monday, February 25, 2008 nize them on this important anniversary. SPEECH OF Mr. ROSS. Madam Speaker, I rise today to Just recently, several of these firefighters honor the memory of George Earl McNeely of once again displayed the courage and her- HON. JANICE D. SCHAKOWSKY McGehee, Arkansas, who passed away Feb- oism that has been so characteristic of their OF ILLINOIS ruary 8, 2008, at the age of 80. department. While preparing for an Advanced I will forever remember George McNeely as Swift Water Class, the firefighters observed a IN THE HOUSE OF REPRESENTATIVES a good friend, a devoted family man and man, alone and without a lifejacket, who had Tuesday, February 12, 2008 someone who cared deeply about improving flipped his kayak and appeared to be in dis- the quality of life in his community. As a nat- tress. Despite the rapid speed and low tem- Ms. SCHAKOWSKY. Madam Speaker, I rise ural born leader, he was an inspiration to all perature of the water, the firefighters acted today to mourn the loss of my friend and col- who knew him. After attending high school in quickly, with little concern for their own safety, league TOM LANTOS. Chairman LANTOS’ pass- McGehee and Tillar, he continued his edu- and performed a successful rescue. The courageous members of the Lower ing is a devastating loss both for the United cation at the University of Arkansas. Mr. Southampton Fire Department who were in- McNeely then honorably served his country in States Congress and for the Nation. volved in this rescue included: Acting Chief the United States Marine Corps during World Chairman LANTOS was a man of unwavering Steven Krippel, Assistant Chief Stephen War II. principle and commitment who worked tire- Brookes, Dive Team and Swift Water Manager After the war, George McNeely returned Lt. James W. McGuire III, Lt. Christopher lessly to improve the lives of people here at home to southeast Arkansas to pursue his home and around the world. He combined an Hawraney, Firefighter/Rescue Diver Marc true passion of agriculture. As one of the origi- Kaman, Firefighter/Swift Water Operator Nick intense knowledge of the world with an equally nal founders of catfish farming in Arkansas, he intense passion for the rights and security of Owarzani, and Firefighter/Swift Water Oper- was a true business pioneer and his contribu- ator Adam Noel. In addition, Firefighter/Swift individuals. TOM LANTOS’ elegance and elo- tions to aquaculture helped revolutionize the Water Operator William Martin, of the South- quence were examples to all of us of how to industry. In his spare time, he dearly loved the ampton Fire Company, participated in the res- conduct ourselves as Members of Congress. outdoors and the opportunity to share all of cue. Were it not for the efforts of each of In my years serving in House, I often looked the recreational opportunities it offered with his these brave men, the victim would likely not to him as an example of how to treat our col- friends and family. In addition to catfish farm- have survived. leagues with courtesy. His respect for this in- ing, he devoted his time and energy to numer- Madam Speaker, I am proud to recognize stitution was profound. ous other passions that included land clearing, the Lower Southampton Fire Department and demolition and ag-aviation. all of its members for their consistently out- As the only Holocaust survivor ever to have Along with his tremendous leadership in the standing service and their heroic acts in the served in Congress, he had an unfaltering field of agriculture, George McNeely was ac- face of danger. These fine public servants are commitment to the promotion of human rights. tive in numerous other worthwhile endeavors worthy of our commendation, and I am hon- Having survived one of the darkest chapters in throughout his community. He was a long- ored to serve as their Congressman. the history of the world, he became a cham- standing member of the Freemasonry and the f pion for oppressed people everywhere, in Shriner’s of North America. Perhaps none of every corner of the globe. And as a fellow his work or involvement as a Shriner was REMEMBERING THE TRAGEDY OF Jewish Member of Congress, I have been more important than all the time he contrib- KHOJALY proud to work with Chairman LANTOS to de- uted helping disabled and burned children at fend Israel’s right to exist and to join him in his the Shriner’s Hospital for Children. HON. VIRGINIA FOXX lifelong fight against anti-Semitism. George McNeely will always be known for OF NORTH CAROLINA his outstanding service to our country and his IN THE HOUSE OF REPRESENTATIVES One of my fondest memories of TOM was community. Above all, he will sorely be missed Monday, February 25, 2008 working with him to help Congregation Hakafa as a friend. I extend my deepest condolences in Glencoe, Illinois transport their Torah to its Ms. FOXX. Madam Speaker, while there to his wife, Mary Ann McNeely; his sons, has been considerable congressional attention original home in the Czech Republic in 2005. David Earl McNeely of McGehee, Arkansas to tragic events which took place in Somalia, The citizens of Lostice, the small town that and James Allen McNeely of Magnolia, Arkan- Rwanda, Cambodia, Bosnia, Darfur, and else- was the home of the Torah, gathered to cele- sas; and to his numerous grandchildren, great- where, very little light has shined on what hap- brate the Torah’s return when it was placed in grandchildren and friends. George McNeely pened in 1992, less than 20 years ago in the the Ark for the first time since the late 1930s. will be greatly missed in McGehee, Desha Caucasus. It was a beautiful moment that connected County, and throughout the state of Arkansas, Everything changed for the small, little Jews and non-Jews across continents and it and I am truly saddened by this loss. known Azerbaijani town of Khojaly between would not have been possible without Chair- f February 25–26, 1992. Sixteen years later, for the people of Azerbaijan and the region, the man LANTOS’ devoted work. HONORING THE LOWER SOUTH- word ‘‘Khojaly’’ stirs up memories of pain and Chairman LANTOS was a proud public serv- AMPTON FIRE DEPARTMENT ON sorrow. ant who selflessly served his constituents in ITS 77TH ANNIVERSARY In the middle of the Armenia-Azerbaijan California’s 12th District for over 30 years, and conflict, Armenian troops supported by a Rus- I know his loss will be felt deeply in his district, HON. PATRICK J. MURPHY sian infantry regiment razed Khojaly, brutally in California, and throughout the world. OF PENNSYLVANIA murdering 613 people, annihilating families, I would like to offer my deep condolences to IN THE HOUSE OF REPRESENTATIVES disabling some 1,000 civilians, capturing 1,275 TOM’s wife of 58 years, Annette; to his two Monday, February 25, 2008 persons and leaving 150 people unaccounted daughters, Annette and Katrina; and to his 18 for. Mr. PATRICK J. MURPHY of Pennsylvania. This year, as in previous years, those resi- grandchildren and his great-grandchildren, Madam Speaker, I rise today to honor the dents of Khojaly, who survived the massacre, who were by his bedside when he passed. Lower Southampton Fire Department on the are appealing to hold Armenia responsible for The Lantos family, I know, was to TOM his occasion of its 77th anniversary. The Lower this crime. ‘‘We appeal to the international greatest accomplishment. While I know no Southampton Fire Department has a long and community with pain and hope,’’ says a state- words can take away the pain of his loss, I commendable history of public service. ment by survivors of Khojaly. hope that the tributes that are pouring in from Since receiving its charter on July 31, 1931, Many human rights groups and media out- around the world provide some consolation in the Lower Southampton Fire Department has lets at the time sought to draw attention to the this difficult time. supported and protected the residents of our events and solicit international condemnation.

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.010 E25FEPT1 ccoleman on PRODPC75 with REMARKS February 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E223 Human Rights Watch called the tragedy at the Navy until 1972, Lieutenant Colonel Drum- joined together to ensure that our service men the time ‘‘the largest massacre to date in the mond is truly one of America’s heroes. and women are receiving the local recognition conflict.’’ The extent of the cruelty of this mas- At the end of 1944, Lieutenant Colonel they deserve for their heroic efforts. The mem- sacre against women, children and the elderly Drummond entered the U.S. Navy, took basic bers of the Lake Highlands Exchange Club was unfathomable. training and was sent to Treasure Island, Cali- and Lake Highlands Military Moms created Memorial, a Russian human rights group, fornia. From there he went to Okinawa and posters, similar to the posters for athletes, reported that ‘‘scores of the corpses bore Japan where he loaded a Marine expedi- cheerleaders, and band members in area high traces of profanation. Doctors on a hospital tionary force of 1,800 Marines and left for schools, featuring photographs of 54 military train in Agdam noted no less than four China. Their mission was to evacuate Ameri- men and women from Lake Highlands’ com- corpses that had been scalped and one that cans and Allied Nationals to areas where they munity in training or serving our Nation in uni- had been beheaded . . . . and one case of live could be transported to Guam and Hong form. With already 250 posters on display in scalping:’’ Kong. Lake Highlands area schools, churches, librar- According to the British newspaper The In 1949, Lieutenant Colonel Drummond re- ies, and businesses, the Exchange Club is try- Independent (February 29, 1992), ‘‘Elif Kaban, joined the U.S. Army and took basic training at ing to fulfill the high demand by printing addi- a Reuters correspondent in Aghdam, reported Fort Jackson, South Carolina. Upon comple- tional copies. that after a massacre, Azeris were burying tion of basic training he was awarded the I would like to specifically recognize two in- scores of people who died when Armenians grade of Corporal and assigned to the 41st dividuals that had a key role in this project: Bill overran the town of Khojaly, the second-big- Field Artillery. He and his fellow troops then Duhman, for designing the posters, and gest Azeri settlement in the area. ‘The world received orders for assignment as part of the Rhonda Russell, the Exchange Club’s publicity is turning its back on what’s happening here. first American Division to arrive in support of director and founder of Lake Highlands Military We are dying and you are just watching,’ one South Korea. Moms. In 2005, Ms. Russell began collecting mourner shouted at a group of journalists.’’ During his service in Korea, Lieutenant the names of military mothers and formed the Nearly one month later, TIME magazine Colonel Drummond was wounded three times support group known as Military Moms. (March 16, 1992) wrote ‘‘While the details are by the enemy. Following his third injury, he re- Today, Military Moms meets once a month to argued, this much is plain: something grim turned to the U.S. and joined the U.S. Army exchange stories, updates and photographs of and unconscionable happened in the Azer- Artillery School at Fort Sill, Oklahoma. During their children overseas. Ms. Russell’s son, Lee baijani town of Khojaly two weeks ago. So far, the rest of his long and distinguished career, Russell, returned from service in Iraq in 2005 some 200 dead Azerbaijanis, many of them Lieutenant Colonel Drummond took command and is currently working in military intelligence. mutilated, have been transported out of the of Headquarters Battery 18th Airborne Corps America owes our service men and women town tucked inside the Armenian-dominated Artillery, was assigned to the intelligence a huge debt of gratitude. It is through their enclave of Nagorno-Karabakh for burial in school staff in Ft. Holabird, Maryland, served sacrifice and patriotism that we have the secu- neighboring Azerbaijan. The total number of as director of the Advanced Intelligence De- rity, prosperity and freedom that we enjoy deaths—the Azerbaijanis claim 1,324 civilians partment U.S. Army Intelligence Staff Officers today. have been slaughtered, most of them women Course, and had assignments with the Direc- Madam Speaker, on behalf of the Fifth Dis- and children—is unknown.’’ torate of Staff intelligence in the Office of the trict of Texas, I am honored to be able to rec- On November 29, 1993, Newsweek quoted Deputy Chief of Staff for Intelligence, U.S. ognize the Lake Highlands Exchange Club a senior U.S. Government official describing Army, at the Pentagon. and Lake Highlands Military Moms for their the aftermath of Armenia’s occupation, ‘‘What In September 1972 James was medically continued efforts in honoring the brave Ameri- we see now is a systematic destruction of retired with a total of 27 years of service in the cans that have gone into harm’s way so that every village in their way. It’s vandalism.’’ U.S. Armed Forces. He is currently rated as we could enjoy the blessings of liberty and Even in far-away Australia, The Age (March 100% combat-related disabled and upon dis- prosperity. As President Calvin Coolidge once 6, 1992) wrote ‘‘The exact number of victims charge moved to Federal, North Carolina. Dur- said, ‘‘the nation which forgets its defenders is still unclear, but there can be little doubt ing his retirement Lieutenant Colonel Drum- will itself be forgotten,’’ and these groups are that Azeri civilians were massacred by the Ar- mond was a charter member of the Lafayette working hard to ensure that America’s service menian Army in the snowy mountains of Kiwanis Club and was elected president in men and women receive the honor and rec- Nagorno Karabakh last week.’’ 1978. ognition they deserve. Every year religious leaders of Azerbaijan’s Lieutenant Colonel Drummond and his wife f Christian, Jewish, and Muslim communities of 51 years currently live in the Villages in issue appeals on the eve of the commemora- Lady Lake. They have one daughter, Brenda PERSONAL EXPLANATION tion of the massacre of Khojaly. They urge the Gail, four grandchildren and three great-grand- international community to condemn the Feb- children. Madam Speaker, veterans like HON. SUE WILKINS MYRICK ruary 26, 1992 bloodshed, facilitate liberation James Drummond should be recognized for OF NORTH CAROLINA of the occupied territories and repatriation of their service to our Nation and for their com- IN THE HOUSE OF REPRESENTATIVES the displaced communities. mitment and sacrifices in battle. I am honored Monday, February 25, 2008 Despite the efforts by many, regrettably, the to present Mr. Drummond with his long over- international community’s response has not due Purple Heart, Distinguished Service Medal Mrs. MYRICK. Madam Speaker, I was un- been adequate. That is why I urge Congress and all the other medals he earned over his able to participate in the following vote. If I to join all Azerbaijanis in commemorating the many years of service. All Floridians should had been present, I would have voted as fol- tragedy. The world should know about and re- know that we truly consider him one of Amer- lows: member Khojaly. ica’s heroes. February 14, 2008, Rollcall vote 61, on mo- f f tion to suspend the rules and agree—H. Res. 966, Honoring African-American inventors, RECOGNIZING JAMES DRUMMOND HONORING THE LAKE HIGHLANDS past and present, for their leadership, cour- OF LADY LAKE, FLORIDA EXCHANGE CLUB AND LAKE age, and significant contributions to our na- HIGHLANDS MILITARY MOMS tional competitiveness—I would have voted HON. GINNY BROWN-WAITE ‘‘aye’’. OF FLORIDA HON. JEB HENSARLING f IN THE HOUSE OF REPRESENTATIVES OF TEXAS HONORING NATIONAL TRIO DAY Monday, February 25, 2008 IN THE HOUSE OF REPRESENTATIVES Ms. GINNY BROWN-WAITE of Florida. Monday, February 25, 2008 HON. MICHAEL K. SIMPSON Madam Speaker, I rise today to honor a man Mr. HENSARLING. Madam Speaker, today I OF IDAHO who served with honor and distinction in World would like to recognize the Lake Highlands IN THE HOUSE OF REPRESENTATIVES War II. Following his enlistment in the Army in Exchange Club and Lake Highlands Military 1940, Lieutenant Colonel Drummond was hon- Moms for their dedication in honoring the men Monday, February 25, 2008 ored with the Purple Heart, Distinguished and women in uniform who defend our Nation. Mr. SIMPSON. Madam Speaker, I rise in Service Medal and the Air Medal for his ac- Recently, the Lake Highlands Exchange recognition of National TRIO Day, which was tions in battle. Serving in both the Army and Club and the Lake Highlands Military Moms on February 23, 2008, and in support of this

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.013 E25FEPT1 ccoleman on PRODPC75 with REMARKS E224 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 important program and the positive influence it western Assembly of God College in HONORING DR. ELVIS HESTER has on young people in our country. Waxahachie, Texas. He has ministered in Higher education is an important component many different capacities since 1946, moving HON. LYNN A. WESTMORELAND of success in today’s economy, as well as a from Texas to various cities around the United OF GEORGIA valuable end in itself. A college education States. IN THE HOUSE OF REPRESENTATIVES opens doors to exciting new job fields, new His ministry began in 1946 when he served experiences, and a deeper understanding of Monday, February 25, 2008 as a youth speaker, traveling around the the world. Yet many lower-income Americans Mr. WESTMORELAND. Madam Speaker, I face a multitude of obstacles when they con- United States speaking at various functions rise today to pay tribute to a man of God who sider furthering their education. Parental in- and prayer services. Shortly after marrying has dedicated the past 28 years of his life to come is one of the top predictors of whether Jacqueline Cockerell in 1950, he settled in a church in Georgia’s 3rd Congressional Dis- or not a child will succeed in college, and if he Corsicana and took a position as a full-time trict. or she is the first in the family to pursue a col- Pastor. In 1951, Reverend Johnson became Only those who have never darkened the lege education, the challenges can seem in- ordained. His ministries took him back on the door of a church hold the mistaken impression surmountable. road in 1953, as he traveled throughout Texas that preachers work 1 day a week. The writing This is why I am a strong supporter of the as an evangelist. In 1957, Reverend Johnson and delivery of the Sunday morning sermon TRIO programs, which were created to sup- moved his family to Kentucky for a year and comprises just a small portion of what a min- port Congress’s commitment to providing edu- then to Florida to serve as a Pastor. In 1961 ister does in the service of God each week. In cational opportunities for all Americans regard- Reverend Johnson took on a different role. He addition to a teacher, a great minister also less of race, ethnic background, or economic became the associate director of the Latin serves as a CEO of a nonprofit and as a circumstance. TRIO programs help students American Orphanage. In 1963, he joined Peo- shepherd of the flock, who tends to the sick, exceed societal expectations and predictions ple’s Church as the senior pastor and has the lost and those in need. by providing tutoring in college preparatory been there ever since. Dr. Elvis Hester has fulfilled all of these roles, and his leadership in the service of the classes and help in navigating through the In Reverend Johnson’s time with Peoples sometimes daunting maze of required forms Lord has blessed his flock at Eagle’s Landing Church, he has seen the church build a new and tests known as the college admission Church of God in McDonough. facility and has seen different staff members process. As CEO of a big church, a minister often is Congress enacted the National TRIO Day in come and go. More importantly, he has seen as deeply involved in management and logis- 1986 in order to increase awareness and sup- the rise of the church’s attendance and influ- tics as he is in pastoral care. Dr. Hester start- port for the programs, as well as to recognize ence. Today the Sunday morning services’ ated his career working in logistics for the Fed- the achievements of the TRIO programs and tendance averages 4,000 worshipers. This eral Government. He went on to serve a stint their important role in advancing equal oppor- service is also broadcast over the radio every as an adviser to the nation of Bahrain. There tunity in post-secondary education. Congress Sunday morning. Along with his position with in the Middle East, he helped establish a declared National TRIO Day ‘‘a day on which Peoples Church, he is also involved in a num- Church of God populated with 100 Christian the nation is asked to turn its attention to the ber of religious and civic boards and finds time converts. A colleague established a sister needs of disadvantaged youth and adults as- to teach. church in Pakistan. piring to improve their lives, to the investment Reverend Johnson has served as the chair- Upon Dr. Hester’s return to the United necessary if they are to become contributing man on many religious boards, including: As- States he went into the ministry full time, first citizens of this country, and to the talent which semblies of God Theological Seminary Devel- working at a church in Franklin, GA. In 1980, will be wasted if that investment is not made.’’ opment Committee, Fresno Christian Schools, he took the helm of the church that would be- National TRIO Day gives us an opportunity International Board of Asian Outreach based come Eagle’s Landing Church of God. Under to celebrate this investment in the lives of in Hong Kong, Asian Outreach USA, and Hester’s leadership, the church experienced young people and in the future of our nation. Northern California National Association of tremendous growth, with membership topping 1,000. It is also a National Day of Service, and on Evangelicals. Various other board member- But Dr. Hester’s church members don’t February 23’’ the TRIO programs in my State ships include: Assemblies of God Theological focus on how he has affected membership commemorated the day by doing a wide range Seminary board of directors; Vanguard Univer- numbers. They reflect on how he has touched of service projects throughout their commu- sity in Costa Mesa, California; Church Growth their lives. nities. International in Seoul, Korea; Presbyterian As co-chair of the TRIO Caucus, it is my ‘‘The pastor has led our congregation by ex- International Missionary Advance in Seoul, ample for 28 years, serving us all through goal to make people aware of this important Korea; Asian Center for Theological Studies; program and the profound impact that it is thick and thin,’’ said church member Janice and more. Outside of the church, Reverend having on the lives of students in my home Ross. ‘‘My family remembers when a life- and- Johnson serves on the Board of Sequoia State of Idaho and elsewhere. National TRIO death crisis kept us up all night and the next Council of the Boy Scouts of America, Fresno Day gives us a valuable opportunity to recog- day. After going through a horrible operation, Leadership Foundation, Police Activities nize that impact and commit ourselves to en- we were blessed by the sound of the pastor League, Clergy Advisory Council for Clovis suring that these programs can continue to in prayer. We are thankful that our pastor has change the lives of students for years to Unified School District, North Fresno Rotary stayed faithful to the Lord and the Word of come. Club, and The International Fellowship of God.’’ Christian Schools. He still finds the time to f One of his staff members, youth minister teach as an adjunct professor at California Brian Coody, said: ‘‘Our Pastor is the type HONORING REVEREND G.L. Theological Seminary and Institute for Clergy who is open for everyone to talk to, often JOHNSON Enrichment. going out of his way when you need counsel. Reverend Johnson has given himself to the He is very much filled with the spirit and he HON. GEORGE RADANOVICH church and the community. He has been in- touches the lives of all those he meets. I have OF CALIFORNIA vited to attend and speak at conferences personally seen him moved to tears when a IN THE HOUSE OF REPRESENTATIVES around the world. He has had numerous troubled soul was touched by Christ. Pastor Hester is a great man of God.’’ Monday, February 25, 2008 books and articles published and has received many professional honors and awards. Rev- Dr. Hester’s ministry has extended far be- Mr. RADANOVICH. Madam Speaker, I rise yond Henry County. He spread the Word in erend Johnson has had a positive impact and today to congratulate Rev. G.L. Johnson upon many countries throughout South America, Af- success on the many projects he has been in- his 80th birthday and his 45th anniversary with rica, Europe and Asia. volved in. Peoples Church, as well as his retirement ‘‘While they say there are no absolutes in from the church. Reverend Johnson will be Madam Speaker, I rise today to commend life, I truly believe that the one absolute that honored on Sunday, February 24, at Peoples and congratulate Rev. G.L. Johnson upon his does exist is that long after Pastor Hester and Church in Fresno, California. 80th birthday, his 45th anniversary and his re- his wife, Rita, are gone, the things that were Reverend Johnson was born in 1928 in tirement from Peoples Church. I invite my col- done and said by our once-in-a-lifetime pas- Houston, Texas. He attended Navarro Junior leagues to join me in wishing Reverend John- tors will be treasured and used by generations College in Corsicana, Texas and South- son many years of continued success. to come to spread goodwill and bring the light

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.017 E25FEPT1 ccoleman on PRODPC75 with REMARKS February 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E225 of Christ into people’s hearts and minds,’’ said was born January 18, 1938 to Felix and Maria that will remember her ability and kindness a friend in the mission field, Charles Lambert. Ortega in Jamaica, West Indies, where she long after she has left. Rio Rancho will miss Madam Speaker, I join Dr. Hester’s church was raised. She trained as a nurse in Eng- her, but we wish her well as she begins the members and friends in honoring his 28 years land, graduating as a state certified midwife. next chapter in her impressive career. of service at Eagle’s Landing Church of God In 1968, she arrived in the United States f and wish him the best in all his future endeav- and worked as head nurse in the medical/sur- ors. gical unit at United Hospital. She also ob- HONORING CARTER G. WOODSON FOR BLACK HISTORY MONTH f tained her certificate as a nurse practitioner, HIV counselor, and New York State certified CONGRATULATING SERENTO GAR- nurses aids trainer and examiner. HON. ELEANOR HOLMES NORTON DENS ALCOHOLISM AND DRUG She retired in 1992 and worked as a volun- OF THE DISTRICT OF COLUMBIA SERVICES FOR MORE THAN 30 teer at the Mount Vernon Neighborhood IN THE HOUSE OF REPRESENTATIVES YEARS OF SERVICE TO NORTH- Health Center until June 2006. During this pe- Monday, February 25, 2008 EASTERN PENNSYLVANIA riod she established a volunteer services pro- Ms. NORTON. Madam Speaker, during the gram and placed over 300 volunteers at the early years of the 20th century, a small num- HON. PAUL E. KANJORSKI center; she set up and coordinated a Reach- ber of intellectuals began to question whether OF PENNSYLVANIA Out and Read literacy program for children, the United States was simply a transplant of IN THE HOUSE OF REPRESENTATIVES which became a model program for the State; English civilization. W.E.B. Dubois, Theodore and served on all fundraising committees. Monday, February 25, 2008 Herzel, and Randolph Bourne believed that In 2006, Ms. Ortega organized and served modern America should embrace the cultural Mr. KANJORSKI. Madam Speaker, I rise as president of the Caribbean Cultural Caucus differences that newcomers brought with them today to ask you and my esteemed colleagues where she fought vigorously for an amnesty to America. Democracy, they believed, re- in the House of Representatives to pay tribute bill for the English-speaking Caribbean na- quired tolerance of difference and could sus- to Serento Gardens Alcoholism and Drug tions. In 2000, in part because of her work, I tain those differences in harmony. Services in Hazleton, PA, for more than three introduced legislation to amend the Immigra- Among those intellectuals of the Progressive decades of counseling and drug prevention tion and Nationality Act in regard to Carib- era, Carter G. Woodson did most to forge an work throughout the greater Hazleton area. bean-born immigrants. intellectual movement to educate Americans Edward Pane, president and chief executive Ms. Ortega was a member of Trinity Epis- about cultural diversity and democracy. For officer of Serento Gardens, has always main- copal Church in Mount Vernon. She is sur- the sake of African Americans and all Ameri- tained that it is their mission to provide edu- vived by a sister, Helen Graham; three broth- cans, Woodson heralded the contributions of cation, prevention, treatment, and support to ers, Francisco Ortega, Sisto Ortega, and St. African Americans and the Black tradition. In all those affected by addiction. George Walker; two aunts, Josepha, Castera 1915, he established the Association for the The gravity of the substance abuse addic- and Daisy Hernandez; a sister-in-law, Sylvia Study of Negro Life and History and by the tion problem was recently underscored when a Webb; with Carol Morris and a host of nieces, time of his death in 1950, he had laid the study committee, chaired by Mr. Pane, discov- nephews, cousins, and friends. foundation for a rethinking of American iden- ered that 93 percent of addicts began their Marina and I worked together many times in tity. use before the age of 17. Sixty-three percent helping the Caribbean community. She was The multiculturalism of our times is built on began before the age of 14. And, alarmingly, ardent and steadfast in helping people as a the intellectual and institutional labors of 80 percent of those in prison in the United nurse, as a volunteer, and as someone who Woodson and the association he established. States are there for drug-related offenses. cared deeply for her community. It is with He should be known not simply as the Father Serento Gardens is the sole provider of great sorrow that I and the entire community of Black History, but as a pioneer of drug and alcohol counseling and prevention say farewell to her. multiculturalism as well. In honor of its found- services to children, teens, and adults in the f er, the Association for the Study of African greater Hazleton area. In 2006, the agency’s HONORING TONI BEATTY American Life and History devotes the 2008 programs reached more than 22,000 individ- Annual Black History Theme to both the labors uals in Pennsylvania’s 11th Congressional of Woodson and the origins of District. In its 30-year history, the agency has HON. TOM UDALL multiculturalism. directly benefited hundreds of thousands of in- OF NEW MEXICO I ask the House to join me in carrying out dividuals in northeastern Pennsylvania. IN THE HOUSE OF REPRESENTATIVES the work of Carter G. Woodson and to cele- In 2007, Serento Gardens was named the Monday, February 25, 2008 brate his many contributions to Black History. Pennsylvania Counseling Agency of the Year f by the Pennsylvania Certification Board in Mr. UDALL of New Mexico. Madam Speak- Harrisburg. The PCB is the body which cer- er, Rio Rancho, NM, is known as the City of PROVIDING FOR ADOPTION OF H. tifies all substance abuse counselors and edu- Vision. It exists today because of the vision of RES. 979, RECOMMENDING THAT cators in the Commonwealth. countless citizens and public servants who are HARRIET MIERS AND JOSHUA Madam Speaker, please join me in con- transforming a desert into a metropolis. BOLTEN BE FOUND IN CON- gratulating Serento Gardens for the invaluable Toni Beatty had a particular kind of vision. TEMPT OF CONGRESS, AND work that is done to prevent people from suc- While others imagined homes and businesses ADOPTION OF H. RES. 980, AU- cumbing to the ravages of addiction and to and roads, she imagined a community of read- THORIZING COMMITTEE ON THE rescue those already addicted so they can re- ers and thinkers and dreamers. JUDICIARY TO INITIATE OR IN- turn to a productive life. The work being ac- When Toni moved to Rio Rancho in 1986, TERVENE IN JUDICIAL PRO- complished by Serento Gardens has improved the town had just begun to grow into a city. CEEDINGS TO ENFORCE CERTAIN the quality of life for thousands of people and She was hired to build a library system that SUBPOENAS has earned it the respect of a grateful commu- would keep pace with the area’s dramatic nity. growth. As Rio Rancho has grown over the SPEECH OF f last two decades, Toni’s libraries have grown HON. JANICE D. SCHAKOWSKY with it. They have hosted art shows and horse OF ILLINOIS HONORING MARINA E. ORTEGA fairs. They have exposed residents to ancient IN THE HOUSE OF REPRESENTATIVES cultures and current events. And they have al- HON. ELIOT L. ENGEL ways reflected Toni’s remarkable combination Thursday, February 14, 2008 OF NEW YORK of intellectual curiosity and public spirit. Ms. SCHAKOWSKY. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES Now, Toni is leaving Rio Rancho to return to today in strong support of H. Res. 982, a reso- Mexico City. She leaves behind a community lution recommending that the House find Monday, February 25, 2008 more developed in every way than the one White House Chief of Staff Joshua Bolten and Mr. ENGEL. Madam Speaker, it is with she moved to 22 years ago. She also leaves former White House Counsel Harriet Miers in great sadness that I report the passing of Ma- behind a library system that would be the envy contempt of Congress for refusing to comply rina E. Ortega, a long time resident of Mount of any city. During her time in Rio Rancho, with subpoenas properly issued by the Judici- Vernon, who died on February 7, 2008. She she recruited and trained a professional staff ary Committee.

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.019 E25FEPT1 ccoleman on PRODPC75 with REMARKS E226 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 Recommending the House cite someone for that he gave his life so that others might be HONORING JAMES RYAN JOE contempt of Congress is a significant step, free. TURNER one that I support under only the most nec- Madam Speaker, soldiers like Steven Frank essary circumstance. Regrettably, it is a step LaVallie should be recognized for their service that must be taken. Since assuming office in to our Nation and for their commitment and HON. SAM GRAVES 2001, the Bush Administration has repeatedly sacrifices in battle. I am honored to present OF MISSOURI thumbed its nose at Congress, ignored our Mr. LaVallie’s son with his long overdue Pur- IN THE HOUSE OF REPRESENTATIVES constitutional mandate as a check upon the ple Heart earned on the battlefields of France executive branch. so many years ago. All Floridians should know Monday, February 25, 2008 This resolution comes after the Judiciary that we truly consider him one of America’s Committee attempted for months to gain ac- heroes. Mr. GRAVES. Madam Speaker, I proudly pause to recognize James Ryan Joe Turner, a cess to information requested by the com- f mittee. The Congress has a responsibility to very special young man who has exemplified investigate this matter and therefore, the HONORING CARMEL REILLY the finest qualities of citizenship and leader- White House’ refusal to cooperate with the ship by taking an active part in the Boy Scouts Congress leaves us no choice. of America, Troop 215, and by earning the HON. ELIOT L. ENGEL most prestigious award of Eagle Scout. Testifying before the House Rules Com- OF NEW YORK James has been very active with his troop, mittee yesterday, my colleague JOHN CONYERS IN THE HOUSE OF REPRESENTATIVES said that he had written nine letters over more participating in many scout activities. James than 8 months trying to resolve this matter. Monday, February 25, 2008 started his journey with the Boy Scouts as a But despite properly issued subpoenas, the Mr. ENGEL. Madam Speaker, Carmel Reilly tiger cub. Over the years James has been in- White House had ‘‘determined that it has the has been a member of the Rockland County volved in scouting, he has earned 27 merit unilateral authority to prevent Mr. Bolten from Ancient Order of Hibernians for 8 years and in badges, and also completed the achievements providing us with a single piece of paper and that relatively brief time has been involved in for his Bronze Palm. For his Eagle Scout to prevent Ms. Miers from even showing up at so many activities involving AOH causes that project, James installed handrails at McMurry a committee hearing.’’ Madam Speaker, the she has been named its 2008 Hibernian of the United Methodist Church. President is wrong and we have a responsi- Year. Madam Speaker, I would be remiss if I did bility to the American people to correct him. Carmel is the daughter of Matt and Moira not mention the strong family foundation If the executive branch can disregard con- Reilly from Blauvelt where she grew up along James has supporting him. His proud parents gressional subpoenas in this way, we no with her three sisters. The family’s Irish herit- Rochelle Fee and James Kelly Turner, as well longer have a system of checks and balances. age was incorporated into everyday life and as his grandfather Robert Axtell who was the That is the cornerstone of our democracy, and Irish step-dancing lessons resulted in Carmel most influential person in James’ scouting life. it is our responsibility to protect it. That is why being a participant in Rockland County’s first Madam Speaker, I proudly ask you to join I am proud to join my colleagues today in sup- ever Feis in 1974. me in commending James Ryan Joe Turner port of the resolution. Carmel has participated in all things Irish: for his accomplishments with the Boy Scouts f St. Patrick’s Day parades, Irish festivals, and of America and for his efforts put forth in Feiseanna, to mention just a few events. achieving the highest distinction of Eagle RECOGNIZING STEVEN FRANK She joined the Ladies Ancient Order of Hi- Scout. LAVALLIE FOR SERVICE DURING bernians Division 3 in 2001 and quickly joined WORLD WAR II the Rockland County St. Patrick’s Day Parade f Committee. In 2003, she was part of the newly HON. GINNY BROWN-WAITE formed Halfway to St. Patrick’s Day com- MS. MEGAN YEE DISTINGUISHED OF FLORIDA mittee. As chairperson of the committee’s FINALIST PRUDENTIAL SPIRIT IN THE HOUSE OF REPRESENTATIVES highly successful Night at the Races, over OF COMMUNITY AWARD $20,000 was raised for the Rockland County Monday, February 25, 2008 St. Patrick’s Day Parade over the next 2 Ms. GINNY BROWN-WAITE of Florida. years. HON. HARRY E. MITCHELL Madam Speaker, I rise today to honor a man As a Ladies AOH member, Carmel was al- OF ARIZONA who served with honor and distinction in World ways ready to volunteer. She has been the IN THE HOUSE OF REPRESENTATIVES War II, and who was taken from us in battle chair of more than a dozen Christmas and St. much too soon. Following his induction into Patrick’s Day dinners. She has contributed to Monday, February 25, 2008 the Army in 1942, Steven LaVallie served out- the Rockland AOH/LAOH Feis for several side the continental United States in the cause years and was a co-chairperson, along with Mr. MITCHELL. Madam Speaker, I rise of freedom and liberty against the Axis pow- Michael O’Sullivan, of the Feis journal for 2 today to congratulate Ms. Megan Yee, who ers. While he fought bravely for the better part years. has been selected as a Distinguished Finalist of 2 years, Mr. LaVallie was sadly killed in ac- In 2004, Carmel began raising funds for the for the Prudential Spirit of Community Award, tion fighting the Germans in France on Octo- Rockland Gaelic Athletic Association, origi- which honors young people for outstanding ber 28, 1944. nating the highly successful Pub Quiz, which acts of volunteerism. The Prudential program was created in 1995 to emphasize the impor- Originally hailing from Montville, Con- is in its fifth season. tance our nation places on service to others, necticut, Mr. LaVallie eventually earned his Carmel also has the Irish love of horses and and to encourage all young Americans to con- GED certificate. In addition to his marriage to in 2006 she invested in two racehorses—one tribute to their communities. his wife Elsie and the birth of his son Steven of which, Tater Tutt, recently won his fifth race J. LaVallie, Mr. LaVallie was an active mem- from his last six starts. A senior at Desert Mountain High School in ber of the Masonic Fraternal Organization. I Carmel, a Dominican College alumna, is Scottsdale, Arizona, Megan organized a series was very honored to present his son, Mr. Ste- employed as the Treasury/Budget Manager for of computer classes to teach members of the ven J. LaVallie of Wesley Chapel, Florida with Common Ground, an organization that helps Phoenix area’s Chinese-American community his father’s posthumous Purple Heart in a the homeless find housing. how to use word-processing programs, ceremony earlier this month. Working with the Rockland AOH in assisting spreadsheets, e-mail, and the Internet. Megan While Mr. LaVallie did not make it home hurricane victims or sending a notice of a worked hard to design the curriculum, recruit from the front lines of World War II, his con- fundraiser to hundreds of supporters, Carmel volunteers to teach the classes, prepare all of tributions to world freedom and liberty will tirelessly gives her time and energy. Her en- the lesson plans, and teach classes herself. never be forgotten. He may have been taken ergy and devotion have earned her this honor, Megan should be proud of her accomplish- from his family too soon, but his son and dear- and I join in congratulating her for this recogni- ments. Again, I congratulate Megan on her ly departed widow Elsie LaVallie should know tion. award and thank her for a job well done.

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.024 E25FEPT1 ccoleman on PRODPC75 with REMARKS February 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E227 CONGRATULATING LOYOLA SA- she told her father of her dream that one day lation and other legislation that protects mi- CRED HEART SPEECH AND DE- she would run his dealership. By age 26, she norities, not necessarily based on race, but BATE was general manager, and by 29 she had a based on discrimination. controlling share of the store. Today, on the shoulders of distinguished HON. DENNIS R. REHBERG In addition to running a successful business, members and leaders such as Dr. Martin Lu- OF MONTANA Annette is also an active leader in her commu- ther King, Jr., Coretta Scott King, Rosa Parks, IN THE HOUSE OF REPRESENTATIVES nity. She is the chair of the finance committee Medgar Evers, Merlie Evers-Williams, Ben- Monday, February 25, 2008 of the First United Methodist Church of Slaton jamin Hooks, Julian Bond, Jesse Turner, Sr., and serves as board member of the Slaton Mr. REHBERG. Madam Speaker, today I Maxine Vasco Smith, and Kweisi Mfume, the Chamber of Commerce. NAACP continues to fight the good fight. rise to recognize the continued excellence of As chairwoman of the NADA, Annette wants a speech and debate program in Montana that to strive to help connect domestic dealerships Most recently, the NAACP is promoting Afri- has won 25 state championships in a row. with valuable resources that are available can American graduation and college readi- With this quarter-century milestone, the Loyola through the NADA. Car dealerships in Texas ness, protecting and advancing voting rights, Sacred Heart High School speech and debate alone bring in $55 billion of revenue and em- and identifying solutions to the subprime mort- team is building on the longest streak of such ploy more than 85,000 people. She also gage foreclosure crisis. I have the privilege of state championships in United States history. brings years of hard work and experience, as working with the association to further these Speech and debate is an activity that fosters well as a message of hope for the future of important efforts. valuable skills such as public speaking, bol- domestic dealerships in America. So, in recognizing the NAACP’s past and stering confidence and poise, and critical I, along with all the citizens of Slaton, am present, I again salute the organization on its thinking while showing an awareness of cur- proud to celebrate Annette Sykora as the first near centennial anniversary. I am confident rent events. Students compete in two debate woman to become chair of the NADA. I wish the NAACP will remain an integral part of our events—team debate and Lincoln-Douglas de- her continued success. Nation’s efforts to protect and promote civil bate—and seven individual public speaking f rights in the future and move society forward events—extemporaneous speaking, im- in a progressive manner on a wide array of promptu speaking, original oratory, memorized HONORING AND PRAISING THE issues. public address, expository speaking, serious NAACP ON ITS 99TH ANNIVERSARY I urge my colleagues to support H. Con. oral interpretation of literature, and humorous Res. 289. oral interpretation of literature. Team scores SPEECH OF are accumulated by individual performances in HON. STEVE COHEN each of these events, so just like this cham- f OF TENNESSEE pionship streak is made up of many teams, IN THE HOUSE OF REPRESENTATIVES SUPPORTING THE GOALS AND each team is made up of many talented stu- IDEALS OF NATIONAL ENGI- Wednesday, February 13, 2008 dents. NEERS WEEK This year’s championship team included five Mr. COHEN. Mr. Speaker, today I rise and individual state champions. Dan Evans won join my colleague, the Honorable AL GREEN of the state in Extemporaneous Speaking for an Texas, in honoring the National Association for SPEECH OF unprecedented third time. Nick Corn, Will the Advancement of Colored People on the HON. ADRIAN SMITH Blair, Emily Mihalic and Emilie Loran also took occasion of its 99th anniversary. As we cele- home individual gold for Loyola. They are brate Black History Month, it is only appro- OF NEBRASKA joined by the remainder of the team, Mike priate that we do so by recognizing our Na- IN THE HOUSE OF REPRESENTATIVES Tarbert, Kevin Conley, Katie Neher, Mary Cal- tion’s oldest and largest civil rights organiza- lahan-Baumstark, Matt Eddy, Myles Dauterive, tion. Wednesday, February 13, 2008 Dillon Linhart, Dan Cloninger, Nick Mihalic, The NAACP was founded on February 12, Mr. SMITH of Nebraska. Madam Speaker, I Lyle Pocha, Laura Snook, Tricia Karsky, Erik 1909, by Ida Wells-Barnett, W.E.B. Dubois, Kappelman, Mike Evans, Mariah Rys-Sikora, rise to salute the engineers, past, present, and Henry Moscowitz, Mary White Ovington, Os- future, of the United States of America. Engi- Brooke Sauro, Kyle Doyle, Justin Dart, Dylan wald Garrison Villard, and William English Hyland, Alex Hughes, Ashley Wegener, Ali neers have shaped our history, from aiding the Walling. colonists to win our independence to design- Hege, Erich Dieziger, Erik Dale, Rachel Lee, Since its inception, the NAACP has united Erik Loran, Shawnae Stanton, Griffin Woodall, ing our advanced, modern technologies. They students, laborers, professionals, scholars, of- impact our daily lives from the first ring of our Alex Ward and Matt Dollar. The team is ficials, and others of all races to advance its coached by Head Coach Matt Stergios and alarm clocks in the morning to our late-night, vision of ‘‘a society in which all individuals online shopping. Assistant Coaches Sarah Jennings, Stephanie have equal rights and there is no racial hatred Mansanti, Chuck Hansberry and Theresa or racial discrimination.’’ In my home State of Nebraska, engineers Stergios. Historically, the NAACP is probably best aid agriculture with new and more effective I am proud to recognize the achievements known for its role and that of Thurgood Mar- agricultural chemicals and better equipment of this year’s team, building on the shoulders shall in the seminal case of Brown v. Board of and technologies. Nebraska engineers help of 24 championship teams before them. Education, in which the Supreme Court held in secure our Nation’s energy independence by f 1954 that ‘‘separate educational facilities are supporting the ethanol industry. Nebraska en- inherently unequal.’’ Yet we must not forget gineers ensure our roads, bridges, water- RECOGNIZING ANNETTE SYKORA works, and other infrastructure are well de- AS CHAIRWOMAN OF THE NADA that the NAACP has been at the forefront of all efforts to secure equality and justice for signed, functional, and safe. HON. RANDY NEUGEBAUER every American throughout the 20th century Engineers are key to a prosperous and pro- and now into the 21st century. ductive future for all Nebraskans and Ameri- OF TEXAS The NAACP spoke out against lynching, cans. There are nearly 150 engineering com- IN THE HOUSE OF REPRESENTATIVES challenged racially biased Supreme Court Jus- panies in Nebraska’s Third District. Every day Monday, February 25, 2008 tice nominees as early as 1930, and pursued I hear about the need to attract talented, edu- Mr. NEUGEBAUER. Madam Speaker, I rise nondiscrimination policies in the military, war- cated young people to fill technical, engineer- to congratulate Mrs. Annette Sykora of Slaton, related industries, and the Federal Govern- ing, and science positions in small commu- Texas, on becoming chairwoman of the Na- ment during the world wars. nities and rural areas in the Third District. I tional Automobile Dealers Association. Annette At the height of the civil rights era, the have been, and continue to be, an enthusi- comes from a family of auto dealers and is the NAACP fought battles on the ground, in the astic supporter of the America COMPETES dealer principal of Smith South Plains Ford/ courtroom, and in Congress, where it lobbied act which encourages American competitive- Mercury in Slaton, Texas, and South Plains for passage of civil rights legislation, like the ness in Science, Technology, Engineering, Ford/Lincoln Mercury/Dodge/Jeep/Chrysler in Civil Rights Act of 1964 and the Voting Rights and Mathematics (STEM) education. I am opti- Levelland, Texas. Act of 1965. mistic this initiative will help Nebraska’s engi- From an early age, Annette knew her heart Since then and during our current session, neering businesses attract and maintain native was in the automobile business. At age 19, the NAACP has lobbied for hate crimes legis- talent in engineering.

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K25FE8.008 E25FEPT1 ccoleman on PRODPC75 with REMARKS E228 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 RECOGNIZING MR. GREG President pursuant to section 803(a) of the jections. Medicare and Medicaid will grow by PRESTEMON OF ST. CHARLES, Medicare Prescription Drug, Improvement and nearly five times as a share of the economy MISSOURI, AS NON-PROFIT EXEC- Modernization Act of 2003 which requires me by 2050 under current projections if the growth UTIVE OF THE YEAR to do so. of health care costs does not slow. And these The Secretary of Health and Human Serv- programs will absorb as much of our Nation’s HON. W. TODD AKIN ices submitted this proposed legislation to the economy by the late 2040s as the entire Fed- eral budget does today. OF MISSOURI House of Representatives on February 15, 2008. Turning a blind eye to our long-term chal- IN THE HOUSE OF REPRESENTATIVES The Medicare Modernization Act established lenges would not only be irresponsible, it Monday, February 25, 2008 a process requiring the President to propose would be dangerous to our Nation’s continued Mr. AKIN. Madam Speaker, I rise today in and Congress to consider a legislative re- success. Those of us who believe that the recognition of Mr. Greg Prestemon, of St. sponse to a Medicare funding warning. A American people want their government to in- Charles, Missouri, as the 2008 Non-Profit Ex- Medicare funding warning is triggered if the vest in national security, health care, edu- ecutive of the Year at the 3rd Annual Honors Medicare Board of Trustees makes a deter- cation, infrastructure, scientific research and Program organized by the Saint Charles Busi- mination in 2 consecutive years that general other priorities have a critical stake in address- ness Magazine. revenue Medicare funding is expected to ex- ing the budgetary pressures that will be created by the growth of entitlement spending. Since Greg’s arrival at the Economic Devel- ceed 45 percent of Medicare outlays for the current fiscal year or any of the next 6 fiscal Finding a politically viable, equitable and fi- opment Center, EDC, in 1993, St. Charles nancially sound solution to our fiscal chal- County’s population has grown from 232,360 years. The trustees issued a Medicare funding lenges and meeting our responsibility to future to nearly 350,000 today. In fact, St. Charles generations will require bipartisan discussions County continues to be one of the fastest warning in April 2007. Under the statute, the President is required to submit a legislative in which all options must be on the table. Un- growing counties in the State of Missouri. fortunately, the Medicare trigger is ill-suited to proposal to Congress that will lower the ratio As president and chief executive officer of such a process. Further, I am very skeptical to the 45 percent level. The statute further re- the Economic Development Center of St. that we can deal with the issue of entitlements quires the Majority and Minority Leader or Charles County, Greg has served 15 success- in a bipartisan manner in the current environ- their designees to introduce the legislation ful years at the helm of the Economic Devel- ment, especially since the current administra- opment Center, which is also celebrating its submitted by the President. Thus today, I am tion has made it clear that it is not willing to 15-year anniversary of their small business in- fulfilling my statutory obligation by introducing discuss all options. cubator facility in St. Peters, Missouri. this legislation. I believe it is critical that we begin to lay the Mr. Prestemon’s nomination highlights the Let me stress that introducing a bill ‘‘by re- foundation for bipartisan action on this issue in way that St. Charles County has grown and quest’’ should not be interpreted to imply en- the next Congress. I am encouraged that ef- prospered, particularly through his work at the dorsement of the legislation as submitted. As forts to establish a bipartisan task force with a Economic Development Center and Partners I mentioned, this introduction by me is re- broad mandate to address our fiscal chal- for Progress. quired, it is not discretionary. Furthermore, let lenges have been initiated. I believe this issue During Greg’s tenure, the accomplishments me be clear: While some of the items in the will be one of the most important that the next of the Economic Development Center include proposal deserve consideration, the proposal Congress and the administration must ad- more than $100 million of business financing, includes provisions that I oppose. For exam- dress. the creation and retention of nearly 5,300 jobs, ple, I have consistently voted against medical We must have an open, honest debate more than 150 business graduates and 500 malpractice proposals similar to the proposal about the best way to strengthen our entitle- jobs from the EDC incubation program. These included in this package. ment programs that millions of Americans accomplishments do not even include the I have strong reservations about the basic count upon. thousands who have attended EDC business approach of the trigger. The trigger estab- f lishes an arbitrary limit on general revenues training events, and Greg’s involvement in RECOGNIZING UNIVERSITY OF countless special projects such as workforce that does not provide a meaningful measure of Medicare’s fiscal health and would take some KANSAS AEROSPACE ENGINEER- housing, health care and education initiatives ING EXCELLENCE and the road tax campaign. legitimate options for strengthening Medicare I thank Greg for his service to the commu- financing off the table. The focus on general nity. He is a shining example of the great revenue spending inherently favors some op- HON. JERRY MORAN leadership we have in Missouri and I ask my tions over others. OF KANSAS colleagues to join me in congratulating him on Ironically, this process was included in the IN THE HOUSE OF REPRESENTATIVES his nomination. Medicare prescription drug legislation enacted Monday, February 25, 2008 by the then-Republican Majority and signed by f Mr. MORAN of Kansas. Madam Speaker, President Bush—legislation that increased the sports fans across the country likely know the PERSONAL EXPLANATION liabilities of the Medicare program by $8.5 tril- University of Kansas for its winning tradition in lion. In fact, we would not have exceeded the men’s basketball and recently for the success HON. KEITH ELLISON 45 percent threshold but for the prescription of its football team that won the 2008 Orange OF MINNESOTA drug benefit financed by general revenues. Bowl. While these are accomplishments Kan- In sharp contrast, the Democratic Majority in IN THE HOUSE OF REPRESENTATIVES sans are proud of, I want to draw attention this House is committed to ensuring that the Monday, February 25, 2008 today to the impressive talents and accom- Medicare program continues to function effec- plishments in the University’s aerospace engi- Mr. ELLISON. Madam Speaker, on Feb- tively for beneficiaries, providers and tax- neering program. ruary 14, 2008, I inadvertently failed to vote on payers well into the future. Remember, the Earlier this year, at the American Institute of rollcall No. 68. Had I voted I would have voted House enacted reforms to strengthen Medi- Aeronautics and Astronautics 46th Annual ‘‘aye.’’ care as part of the Children’s Health and Aerospace Sciences Meeting and Exhibit, two f Medicare Protection (CHAMP) Act of 2007. University of Kansas students and one pro- The CHAMP Act would have extended Medi- fessor were honored for excellence in aircraft INTRODUCTION OF THE MEDICARE care solvency by 2 years. The savings from design, aeronautics research and instruction. FUNDING WARNING RESPONSE reforming spending on Medicare Advantage Nobuya Nishio, an aerospace engineering ACT plans in the CHAMP Act would have met the student, won first place in the international air- requirements of the trigger. craft design competition for designing an eye- HON. STENY H. HOYER Let me say that it is imperative that we get catching two-seat airplane with a 300-mile OF MARYLAND serious about our long-term fiscal challenges. range capable of traveling 143 miles per hour. IN THE HOUSE OF REPRESENTATIVES Analysts of diverse ideological perspectives Nobuya is the eighteenth student from the and nonpartisan officials at the Congressional University of Kansas to place first in this com- Monday, February 25, 2008 Budget Office, CBO, and the Government Ac- petition since 1968. Mr. HOYER. Madam Speaker, today I intro- countability Office, GAO, have all warned that Another Kansas student, Roelof Vos reduce the Medicare Funding Warning Re- current fiscal policy is unsustainable over the ceived the Abe M. Zarem Award for Aero- sponse Act of 2008 at the request of the long term even under the most optimistic pro- nautics Research. Roelof’s groundbreaking

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.030 E25FEPT1 ccoleman on PRODPC75 with REMARKS February 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E229 work on actuators will enhance the ability of strength and determination, survivors and But to focus only on Rob’s mastery of the airplanes to fly through turbulent air while their families move forward and rebuild process would be an injustice. He is effective their lives, for a second time. maintaining smooth flight. In addition to the To start a life anew is difficult enough. To because he is compassionate and sincere as improvements this will bring to passenger do so as a U.S. congressman is nothing short well as smart. comfort, planes will benefit from the new actu- of miraculous. Only in America—as Lantos He cares about people. Low income heating ator technology by experiencing less airframe would say. assistance was not just a program, it was fatigue, which leads to less stressed aircraft, For Holocaust survivors and their families, thousands of cold seniors. National Cancer In- safer flight and ultimately lower cost air travel. Lantos was a source of pride. For those who stitute funding was not just about scientists Both of these students were under the in- searched for a voice of justice, in him they and research grants, it was millions of people found their greatest friend. struction and mentorship of Dr. Ron Barrett- Tom Lantos spoke out against genocide in suffering from diseases that he believed could Gonzalez, Associate Professor of Aerospace Darfur, at one point being arrested for pro- be helped. The Ryan White AIDS funding leg- Engineering. Professor Barrett received the testing outside the Sudanese Embassy along islation was about millions of Americans and Abe M. Zarem Educator Award in recognition with four other Democratic lawmakers, in- about people he knew personally who needed of his outstanding instruction. His research fo- cluding Bay State Reps. Jim McGovern and a cure and needed hope. cuses on flight control using adaptive John Olver. His commitment earned him the respect of One of his final acts was a resolution that his colleagues and members. He is a warm aerostructures that have been integrated in would recognize the slaughter of innocent high speed, high precision flight control sys- Armenians for what it was—genocide. As person. He takes the time to make you laugh, tems and are ideal for countermunitions. Pro- chairman of the House Foreign Affairs Com- share a piece of gossip, lift your spirits. Over fessor Barrett’s lab is the only academic facil- mittee, Lantos refused to be part of a cam- the years he has held important positions ity in the country that specializes in these paign of denial and looked beyond the poli- working for the Democratic House Leadership countermunitions that protect our Armed tics of convenience by passing the resolu- and most recently for the Majority Leader. Forces by intercepting mortars and other tion. I am grateful to Rob for his leadership, pas- During a PBS interview last October, Lan- sion, and partnership over the years. I wish weapons. tos said, ‘‘This is one of those events which American economic competitiveness is has to be settled once and for all: 1.5 million you well. I treasure our friendship. strengthened as more students study and utterly innocent Armenian men, women and Buona Fortuna! excel in the academic areas of science, tech- children were slaughtered. And the Turkish f government, until now, has intimidated the nology, engineering and mathematics. I join PERSONAL EXPLANATION Kansans in congratulating Nobuya, Roelof and Congress of the United States from taking Professor Barrett for their outstanding cre- this measure. I think it’s important, at a time when genocides are going on in Darfur ativity, insight and hard work. Jayhawks not HON. ELIJAH E. CUMMINGS and elsewhere, not to be an accomplice in OF MARYLAND only excel in athletics but fly high in the class- sweeping an important genocide under the room, as well. rug.’’ IN THE HOUSE OF REPRESENTATIVES f The resolution has yet to be acted upon by Monday, February 25, 2008 the entire House—something, no doubt, Lan- TOM LANTOS PASSES HUMANITY’S tos, would want. Mr. CUMMINGS. Madam Speaker, on Feb- TORCH Lantos understood what it meant to stand ruary 12, 2008, due to obligations in the dis- up for his fellow man, much in the same way trict, I missed the following recorded votes: someone helped him when he needed it. An Roll No. 43, on H. Res. 954—Honoring the HON. JAMES P. McGOVERN otherwise ordinary bureaucrat, Raoul life of senior Border Patrol agent Luis A. OF MASSACHUSETTS Wallenberg, chose to become an extraor- Aguilar, who lost his life in the line of duty IN THE HOUSE OF REPRESENTATIVES dinary person when, over the course of his near Yuma, Arizona, on January 19, 2008; diplomatic career, he found a way to save Monday, February 25, 2008 100,000 Hungarian Jews. Lantos was among had I been present, I would have voted ‘‘aye.’’ Roll No. 44, on H. Res. 909—Commemo- Mr. MCGOVERN. Madam Speaker, this them. rating the courage of the Haitian soldiers that House lost one of its finest Members with the As people who have inherited a legacy from our families, we have an obligation to recog- fought for American independence in the passing of Tom Lantos. He was a dear friend, nize man’s inhumanity to man regardless of ‘‘Siege of Savannah,’’ and for Haiti’s inde- who taught me a great deal about human whether it is convenient to do so. We have an pendence and renunciation of slavery; had I rights and a life dedicated to service, and I will obligation to properly recognize an injustice been present, I would have voted ‘‘aye.’’ miss him. One of my favorite memories of our by its name, regardless of the political dis- Roll No. 45, on H. Con. Res. 281—Cele- service together is the day I was arrested comfort or cost. And, like Lantos, we have an obligation to live by the words ‘‘never brating the birth of Abraham Lincoln and rec- alongside Tom in front of the Sudanese Em- ognizing the prominence the Declaration of bassy in Washington, DC, protesting the con- again’’ and to remind the world when those ominous words are back in play. Independence played in the development of tinuing genocide in Darfur. In Tom Lantos’ passing we lost the sen- Abraham Lincoln’s beliefs; had I been present, I would like to bring to the attention of my tinel on humanity’s gate. We owe it to those I would have voted ‘‘aye.’’ colleagues an article from the February 22, he protected to speak the truth, no matter 2008 edition of the Boston Herald that urges the cost. f everyone to emulate Tom’s legacy of service f IN CELEBRATION OF BLACKS WHO and devotion to human rights. Written by An- HAVE CHANGED THE COURSE OF A TRIBUTE TO ROB COGORNO thony Barsamian with the Armenian Assembly HISTORY of America and Michael Ross, the son of a Holocaust survivor, it expresses what we all HON. ROSA L. DeLAURO OF CONNECTICUT HON. CHARLES B. RANGEL feel about Tom’s commitment to ending man’s OF NEW YORK IN THE HOUSE OF REPRESENTATIVES inhumanity to man. IN THE HOUSE OF REPRESENTATIVES [From the Boston Herald, February 22, 2008] Monday, February 25, 2008 Monday, February 25, 2008 TOM LANTOS PASSES HUMANITY’S TORCH Ms. DELAURO. Madam Speaker, in 1993, I (By Anthony Barsamian and Michael Ross) was privileged to be appointed to the Appro- Mr. RANGEL. Madam Speaker, I rise today Humanity lost one of its greatest voices priations Committee. I brought to the assign- to honor Black History Month and to enter into this month. No one lived up to the promise ment my ideas and priorities and a determina- the RECORD an editorial from New York of the words ‘‘never again’’ better than Rep. tion to use the power of the purse to change CaribNews for the week ending February 19, Tom Lantos. As the only Holocaust survivor lives for the better. 2008, ‘‘Blacks Who Helped Change the to have served in Congress, he dedicated his To be effective I needed much more. I Course of History and Improved the Quality of career to working on behalf of others. needed Rob Cogorno. People’s Lives Everywhere.’’ Those who survive genocide live with com- Rob joined our staff bringing with him years This editorial makes mention of many plexities that few can understand—post-trau- of experience working on issues that had my Blacks who have contributed to American his- matic stress, feelings of guilt for having survived, a victim of man’s most diabolical in- strongest interest. It was a blessed partnership tory, with deeds that have benefited the lives carnation, a witness to history—to name a from the first day. of all Americans. Some of these pioneers few. On the one hand, a survivor must rectify Rob came with remarkable qualities. He have familiar names—other names are not as his tragic past while on another, he must knew the issues thoroughly. He was tireless. familiar, however, their contributions are im- make sense of a stunted future. With great He knew the answer or how to find it. portant all the same. They include: Oscar

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.034 E25FEPT1 ccoleman on PRODPC75 with REMARKS E230 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 DePriest, the first Black Congressman of the cians in Washington, Dr. Martin Luther King recognizes individuals who have made a sig- 20th century; Mary McLeod Bethune, educator Jr., the great humanist and civil rights lead- nificant contribution to American society and and White House advisor; A. Philip Randolph, er of the 20th and any century; Mary McLeod the Catholic Church and has been presented Bethune, the cotton-picker, educator and the trade union leader; and Dr. Charles Drew, to a deserving graduate of St. Anthony’s White House adviser; and Congressman the pioneer of blood plasma. This editorial Charles Rangel, the long serving Democrat School every year since 1993. highlights the many accomplishments of Black from Harlem and Chairman of the Ways & I applaud St. Anthony’s school for providing Americans in religion, the arts, education, and Means Committee of the House of Represent- quality education and developing knowledge- science. It would take years to complete a list atives, an eloquent voice for reason and so- able and honorable students for 90 years. of all the accomplishments Blacks have made cial justice? They are but a small sampling Also, I congratulate Dolores Loerwald Brorman in America, which have transformed our own of the voices for the multitude. on receiving the 2008 Distinguished Graduate lives, as well as those of people around the Think of the persons who helped to widen Award and making such a mark in her com- world. the entrance to education and Carter Wood- son, the father of Black History Month, Ar- munity. [From the New York Carib News, Feb. 19, thur Schomburg, the bibliophile and anti- f 2008] quarian, Alain Locke, the Rhodes Scholar BLACKS WHO HELPED TO CHANGE THE COURSE and philosopher, and John Hope Franklin, IN HONOR OF MR. ELMER D. OF HISTORY AND IMPROVED THE QUALITY OF the historian spring quickly to mind. SAXTON, SR. PEOPLE’S LIVES EVERYWHERE James Weldon Johnson, the gentleman of ‘‘Ask historians about Oliver Cromwell and letters, Gwendolyn Brooks, a Pulitzer Prize they would quickly point to the man who be- winner and Paul Lawrence Dunbar, the peo- HON. MICHAEL N. CASTLE came Lord Protector of England, Ireland and ple’s poet are among the tellers of troubled OF DELAWARE or delightful tales. Scotland between 1653–58. IN THE HOUSE OF REPRESENTATIVES But there was another Oliver Cromwell, These Black American contributors helped who was born in Burlington County in New to ease our pain, bring smiles to our faces Monday, February 25, 2008 and opened human civilization to new vistas. Jersey, exactly a century after the gen- Mr. CASTLE. Madam Speaker, I rise today tleman who essentially was a dictator turned In the process they became worthy of the down the English crown. praise being showered on them and many to recognize and pay tribute to the late Elmer While the American is often ignored by the more African-Americans during Black His- D. Saxton, Sr. Mr. Saxton passed away chroniclers of the nation’s past, the fact of tory month. peacefully at the age of 87 on Monday, Feb- the matter is that he made his presence felt f ruary 18, 2008, surrounded by his family. For- when George Washington crossed the Dela- merly, Mr. Saxton served as the State of Dela- ware River on the Windy night of December RECOGNIZING THE 90TH ANNIVER- ware Service Officer for the Veterans of For- 25, 1776 to attempt to capture the British SARY OF ST. ANTHONY’S eign Wars organization. garrison at Trenton. Actually, the Black SCHOOL IN HEREFORD, TEXAS Mr. Saxton was born in Philadelphia, Penn- man was among 2,400 hand picked troops who caught the unsuspecting mercenaries of the sylvania. He was preceded in death by his British unawares. It was a much needed vic- HON. RANDY NEUGEBAUER wife of 50 years, Agnes, in 1993. A career sol- tory that did much to lift the spirits of colo- OF TEXAS dier, Mr. Saxton proudly served our country as nists and boost people’s morale. The rest, as IN THE HOUSE OF REPRESENTATIVES a member of the United States Army in both they say, is history. George Washington and World War II and the Korean War. He was his forces eventually went on to victory in Monday, February 25, 2008 recognized for his service in various artillery the battle for independence stretched over a Mr. NEUGEBAUER. Madam Speaker, I and ordinance corps by several commendation number of years after the river Crossing. medals. Following his retirement from active This episode is important because what it proudly congratulate St. Anthony’s School on demonstrates once again is the role which the occasion of its 90th anniversary. The duty, Mr. Saxton worked for the University of Blacks played in fighting for America’s free- school’s 90th anniversary was celebrated Delaware and the United States Postal Serv- dom. They were present at the creation of along with Catholic Schools Week from Janu- ice before taking his position at the Veterans the nation and have been working assidu- ary 27–February 2, 2008. of Foreign Wars. ously ever since. In almost every major bat- St. Anthony’s began providing Catholic edu- Upon his retirement from his position as tle in America’s history, whether military or cation in 1914 with the purpose of supplying Delaware’s VFW Service Officer, Mr. Saxton civil, Blacks have shouldered their share of children with knowledge of the Catholic faith, continued to put forth tireless effort in assisting the burden and took up the challenge of defending or building the country. as well as a strong foundation for future learn- those in need. As a member of the American They persisted against all odds. ing. In 1917–1918, continuous classes were Legion and the Knights of Columbus, as well Today, their names litter the pages of his- introduced. St. Anthony’s moved to its current as an ongoing member of the VFW, he de- tory, covering everything from religion, location in 1955 where 14 classrooms, a li- voted himself to ensuring that flags were science, the arts, health, education make brary, a meeting room, a cafeteria and a gym placed on all veterans’ graves and that mem- such a long list of Black pioneers that it now make up the school. bers of the honor guard served for fallen com- would take years to complete. Throughout its history, several orders of reli- rades. In addition, Mr. Saxton was instru- Some like the Benjamin Banneker, a gious nuns have staffed the school. Presently, mental in the establishment of the Veterans mathematical wizard; Prince Hall, the fra- Memorial Cemetery and the Veterans Nursing ternal leader; Paul Cuffee, a late 18th cen- the Franciscan Sisters of Mary Immaculate tury ship builder and owner; Elijah McCoy make up the faculty. They have taught and Home in Milford, Delaware. As a founder and and Granville Wood, inventors; George Wash- maintained St. Anthony’s since the 1987–1988 faithful member of Holy Family Church for ington Carver, the savior of southern agri- school year. many years, he enthusiastically participated in culture; Daniel Hale Williams, the first suc- St. Anthony’s provides classes from pre- community outreach and service projects, in- cessful heart surgeon; and Charles Drew, the school through sixth grade. The school re- cluding the collection and distribution of food pioneer in blood plasma. In their different mains focused on teaching the Catholic faith with Val’s Needy People fund and the delivery ways these Blacks helped to transform our while also providing the opportunity for stu- of emergency and holiday groceries. Mr. lives, making them better for every one. Saxton faced all challenges with one goal in But the list doesn’t end there. Harriet Tub- dents to acquire the skills needed to achieve man, the liberator of slaves; Sojourner high honors upon entering the Hereford Inde- mind: to help another. Truth, a pilgrim of freedom; Madame C.J. pendent School District upper grades. Stu- Mr. Saxton, or ‘‘Pop’’, as he was called by Walker, the cosmetics manufacturer; Paul R. dents participate in acts of service, the Accel- his family, will be lovingly remembered by his Williams the architect, and A.G. Gaston, the erated Reading Program and after-school ac- three children, nine grandchildren, and eleven shining light for free enterprise who showed tivities such as sports or choir. The six-mem- great-grandchildren. They will remember him the way forward towards success in com- ber board of education along with Principal as a man who loved to solve crossword puz- merce are also among them. Ann Lueb and Rev. John Valdez govern the zles, loved to root for his beloved Philadelphia How about the contributions of Oscar school and determine policies. DePriest, the first Black Congressman of the Eagles and Phillies and Wilmington Blue 20th century; A. Philip Randolph, the pre- During the 90th anniversary celebration, Do- Rocks, and loved to help others. His super- eminent trade union leader; Edward W. lores Loerwald Brorman was presented with lative example of heroism, dedication, and Brooke, the U.S. Senator from Massachu- the 2008 National Catholic Education Associa- selflessness will serve as an inspiration to all setts who represented a new breed of politi- tion Distinguished Graduate Award. The award those who knew him.

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.038 E25FEPT1 ccoleman on PRODPC75 with REMARKS February 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E231 HONORING THREASA MILLER dramatically. Today, many of her students recognize Paul Rogers. Paul is an outstanding continue to thank her for teaching them their asset to the entire community and has spent HON. MARIO DIAZ-BALART reading fundamental skills. Following her ten- over 50 years sharing his passion for horti- OF FLORIDA ure at Brownsville Middle, she went on to con- culture with the people of Massachusetts. This IN THE HOUSE OF REPRESENTATIVES tinue teaching at Rockway Middle School weekend, Paul is being honored by the Stock- where she received numerous accolades, in- bridge Alumni Association with their pres- Monday, February 25, 2008 cluding a nomination for ‘‘Teacher of the tigious ‘‘S’’ Award and this year’s annual Cen- Mr. MARIO DIAZ-BALART of Florida. Year’’. Presently, she is teaching Language tral Massachusetts Flower Show Dinner has Madam Speaker, I rise today to honor the Arts and Reading at Charles R. Drew Middle been named ‘‘A Tribute to Paul Rogers.’’ dedication and tireless service of Threasa Mil- School, and is successfully meeting the chal- An alumnus of the Stockbridge School of ler. Threasa will be retiring from her position lenge of educating the needs of her commu- Agriculture at UMASS, Paul Rogers received as Executive Director of the PACE Center for nity’s young people. an associates degree in horticulture. Mr. Rog- girls in Immokalee, Florida on March 7th of This public servant has shared over 20 ers took time away from school to serve dur- this year. years of marriage bliss with Major Arnie ing the Korean War from 1951 to 1954, when Threasa has served troubled girls in Collier Weatherington, and has one daughter, he was stationed in East Africa. Upon return- County at the PACE Center for 10 years. The Argatonia. She has been a diligent and dedi- ing to the United States, Paul Rogers contin- Practical Academic Cultural Education pro- cated steward at Greater New Bethel Mis- ued his education and earned a bachelor’s de- gram initially served 20 at-risk girls and has sionary Baptist Church where she devotes gree from Clark University in Worcester. grown to reach over 75 girls each year. More countless hours to the Youth Ministry, as a Following his education, he served as a than 500 girls have completed the PACE pro- Sunday school teacher and assisting with landscape superintendent at Holy Cross Col- gram in Collier County and have become suc- other church activities and projects. lege for 20 years. He began his own green- cessful young women in our community. It is an honor to have the privilege of know- house, Stonehenge Gardens, and served as a All who know Threasa know she has a spe- ing this valued educator and leader of the horticultural consultant throughout the area. cial place in her heart for children. Before join- Miami-Dade County community and beyond. I He was nominated as the president of the ing PACE fulltime, Threasa had a career in salute Mrs. Carol P.W. Weatherington on be- Worcester Horticultural Society, the Massa- social services with the Department of Chil- half of a grateful community that she truly chusetts Horticultural Society and the Horti- dren and Families and the Department of Ju- loves and cares for. Now, in retirement, she cultural Club of Boston and was the only per- venile Justice. Her life-long commitment to embarks upon new challenges in life and I am son ever to hold all three of these positions. children has not gone unnoticed. I am very certain her legacy of greatness will only grow Currently, Mr. Rogers can be found in a grateful for her contribution to our community and develop as she enters this new phase of number of places throughout the State, teach- and honored to call her my friend. life. I wish her every happiness and success. ing horticulture and inviting others to share in f f his passion. For the past three decades he has served as the host of ‘‘Gardener’s Cal- TRIBUTE TO CAROL P.W. IN HONOR OF ONE OF AMERICA’S endar’’ on WTAG radio and as the garden WEATHERINGTON LONGEST MARRIED COUPLES writer for the Worcester Telegram & Gazette. In addition, he is a lecturer at the Landscape HON. KENDRICK B. MEEK HON. MICHELE BACHMANN Institute of Harvard at the world renowned Ar- OF FLORIDA OF MINNESOTA nold Arboretum. And he is a member of many IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES societies, including the Worcester County Hor- Monday, February 25, 2008 Monday, February 25, 2008 ticultural Society, the Massachusetts Horti- cultural Society, the American Horticultural So- Mrs. BACHMANN. Madam Speaker, I am Mr. MEEK of Florida. Madam Speaker, ciety, the Horticultural Club of Boston, Garden thrilled to rise today and congratulate an today I rise to pay tribute to Carol P.W. Writers Association of America, and a Trustee amazing Minnesota couple from White Bear Weatherington on the occasion of her retire- of Old Sturbridge. Lake. ment from the Miami-Dade County Public Madam Speaker, I am truly appreciative of School System (MDCPS) after over 30 years Clarence and Mayme Vail, ages 101 and 99, just celebrated their 83rd anniversary, the work Paul Rogers has done for the resi- of service and dedication. dents of the 3rd Congressional district. For his Mrs. Weatherington’s original ambition was making them perhaps the longest married couple in the Nation. outstanding service, I ask my colleagues in to serve her community in the healthcare field the United States House of Representatives to as a nurse. Yet, after she interned as a teach- Sixty years ago their marriage was almost cut tragically short when Clarence became se- join me in honoring Paul Rogers. er for the MDCPS she quickly realized that f she had a gift in uplifting and building positive verely ill. relationships with young people in an effort to But Mayme made a promise to God that if PAYING TRIBUTE TO ‘‘ALIPIO prepare them for a bright future. Clarence recovered she would go to Mass COCO CABRERA’’ ON HIS 25TH A native Miamian, she grew up in Coconut every single day. Sure enough, Clarence got ANNIVERSARY ‘‘ON THE AIR’’ Grove and attended George Washington well, and Mayme kept her promise. Clarence and Mayme’s marriage has Carver Senior High School. After graduating brought much joy to the world and touched HON. CHARLES B. RANGEL from high school, she decided to break her many lives—including six children, 39 grand- OF NEW YORK family’s tradition of attending Florida Agricul- children, 101 great-grandchildren, and 40 IN THE HOUSE OF REPRESENTATIVES tural & Mechanical University and matriculated great-great grandchildren. to Bethune-Cookman College. She then ob- Monday, February 25, 2008 Their amazing relationship is a profound tained her master’s degree in education from Mr. RANGEL. Madam Speaker, it is with testament to love, faith, and the cherished in- Nova Southeastern University. great honor and enthusiasm that I rise to constitution of marriage. Madam Speaker, I ask She complimented her educational achieve- gratulate Alipio ‘‘Coco’’ Cabrera in celebration that this body join me in honoring Clarence ments with her involvement in various organi- of his 25th anniversary as a radio host and and Mayme for what is truly a moving and in- zations such as Delta Sigma Theta Sorority, personality. He along with the Univision Radio spiring achievement. Incorporated, Miami Alumnae Chapter of Delta family will be celebrating this very momentous Sigma Theta Sorority, Incorporated, Edu- f and joyous occasion with a concert held on cational Excellence School Advisory Com- TRIBUTE TO PAUL ROGERS OF February 17th, 2008 at the United Palace The- mittee (EESAC), Language Arts Chairperson, CHARLTON, MASSACHUSETTS atre in my district. Eighth Grade Team Leader/Eighth Grade Ac- ‘‘Coco,’’ as he is referred to by his fans, has tivities Advisor, and President of the Miami- HON. JAMES P. McGOVERN a very rich history that has given him longevity Dade Chapter of the Bethune-Cookman Uni- OF MASSACHUSETTS in the radio industry for the past 25 years. His career began in the Dominican Republic as a versity Alumni Association. IN THE HOUSE OF REPRESENTATIVES She began her career as a Language Arts journalist and writer, for the well known news- teacher at Brownsville Middle School. During Monday, February 25, 2008 paper ‘‘El Nacional.’’ Looking for better oppor- her 15 years at Brownsville Middle, she wit- Mr. MCGOVERN. Madam Speaker, it is with tunities, in 1978 he decides to embark on a nessed her students’ reading level scores soar great pleasure and pride that I rise today to journey to New York City. As many immigrants

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.042 E25FEPT1 ccoleman on PRODPC75 with REMARKS E232 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 that come to our shores, Alipio had to earn a cation have greatly contributed to the overall Upon graduation, Dr. Redd returned to living by working tough jobs such as a cab mission success of the task force. Your ac- Northwest Missouri State to coordinate the driver, tailor, and factory worker. tions reflect great credit upon you, Task Force graduate program in Health and Physical Edu- In 1980, after he was able to enter New Panther and the United States Army.’’ cation, and eventually to serve as Director of York City’s rigid media field, his dreams finally This is Specialist Byers’ first commendation, Athletics for Northwest. In 2001, Dr. Redd re- became a reality. He was able to demonstrate and was presented to him after a one year tired from Northwest State University. How- his talent to popular radio stations such as: tour in Iraq. Duties he performed to receive ever, by May 2002 he was appointed Director WBNX, WSKQ and WKDM where for the first this high honor include being an expert on the of Athletics and Physical Education Chair at time, he gained the highest ratings for an AM Command Post of the Future (CPOF) com- William Jewel College in Liberty, Missouri, a Radio Station during 1984 to 1988. Shortly puter system, where he gathered, analyzed position he still holds. after, the largest Hispanic radio group in the and developed vital intelligence for the Task Madam Speaker, please join me in con- country, Hispanic Broadcasting Corporation Force. In addition, he gathered intelligence gratulating Dr. Jim Redd, as he will be forever (HBC) gains interest in Coco’s talents and from HUMINT, prepared summarized reports remembered for his athletic and educational hires him to work in various projects and pop- and organized data, maintaining a complex achievements as a member of the Missouri ular radio shows in prime time. database that captured all the significant Sports Hall of Fame. Coco is very well respected by those in the enemy activity within the Task Force’s combat f zone. radio industry and also by the thousands of REMEMBERING THE ANNIVERSARY In the recommendation letter for this medal, fans that listen to him on a weekly basis. He OF THE KHOJALY TRAGEDY is a regular guest in Univision Spanish Lan- Specialist Byers’ superior officer wrote, ‘‘SPC guage Television shows such as: ‘‘Despierta Byers’ ability to multi-task and present infor- America,’’ ‘‘Al Despertar,’’ and ‘‘Don Francisco mation in a clear and consistent manner is of HON. SOLOMON P. ORTIZ Presenta.’’ the highest military standards. He is extremely OF TEXAS Alipio Cabrera has received various impor- diligent and competent in accomplishing all as- IN THE HOUSE OF REPRESENTATIVES tant awards and recognitions nationally and signed tasks with little or no supervision, while Monday, February 25, 2008 producing dynamic results. SPC Byers leads internationally. After conquering the radio and Mr. ORTIZ. Madam Speaker, I rise to com- the way with a ‘can do’ attitude and an out- television industries, Mr. Cabrera decided to memorate the 16th anniversary of the Khojaly standing drive to go the distance, even when journal his triumphs in an autobiography titled tragedy, when on February 25–26, 1992, the it requires him to go above and beyond his as- ‘‘Abriendo el Coco’’ (Opening the Coconut) town of Khojaly in the Nagorno Karabagh resigned scope of duties and responsibilities. He which narrates his struggles and desire to bet- gion of Azerbaijan was brutally attacked by Ar- is well ahead of his peers in military bearing ter himself as a professional and as a human menian forces. The town of Khojaly, which and fortitude.’’ being. was home to 7,000 people, was completely I am well aware that there are thousands His greatest achievement has been his in- destroyed; a total of 613 people were killed, of upon thousands of soldiers, airmen, Marines volvement with many charitable organizations. which 106 were women and 83 were children, and sailors that earn prestigious citations such He was instrumental in the relief effort to as- and 56 of whom are purported to have been as this, but I am excited that a proud son from sist those affected by hurricane George. Again killed with extreme cruelty and torture. Addi- faced with another tragedy, Coco again be- West Texas is among them. tionally, 1275 were taken hostage, 150 went came involved in the relief efforts for the af- Congratulations SPC Russell W. Byers; you missing; 487 people became disabled (76 of fected areas of Hurricane Noel and Olga in have served your country with distinction. I whom are teenagers); 8 families were wiped the Dominican Republic and the many victims would like to express my gratitude on behalf of out; 25 children lost both of their parents, and of the earthquake in Peru. Alipio is a faithful a grateful Nation, and especially your neigh- 130 children lost one of their parents. supporter of St. Jude’s Children’s Research bors in the 19th Congressional District. We all The Khojaly massacre was not an isolated Hospital in Memphis, TN. sleep well every night, knowing dedicated peo- incident. In fact, the level of brutality and the Madam Speaker, I ask that you and my dis- ple like you are defending all we hold dear. atrocities committed at Khojaly set a pattern of tinguished colleagues join me in honoring and f destruction that Armenian troops would adhere congratulating Alipio Coco Cabrera on his his- to for the remainder of the Nagorno-Karabakh DR. JAMES REDD toric 25th Anniversary. His dedication, commit- War. ment, and joyous spirit is worthy of the highest No one has been prosecuted for the crimes commendation. As New York’s favorite Latin HON. SAM GRAVES committed in Khojaly and, unfortunately, the radio personalities, just a mere mention of his OF MISSOURI Nagorno-Karabakh conflict still remains. name brings a smile to all. IN THE HOUSE OF REPRESENTATIVES On January 21, 2008, Azerbaijan’s Foreign f Monday, February 25, 2008 Minister Elmar Mammadyarov noted in the Wall Street Journal that it has been almost 14 CONGRATULATIONS ON SPE- Mr. GRAVES. Madam Speaker, I rise today years since the Armenia-Azerbaijan war ended CIALIST BYERS RECEIVING THE in recognition for Athletic Director, Dr. James in a Russian-mediated ceasefire, but Arme- ARMY COMMENDATION MEDAL C. Redd. On February 10, 2008, Dr. Redd nian troops remain on Azerbaijan’s territory. was enshrined into the Missouri Sports Hall of Minister Mammadyarov opined: ‘‘The so- HON. RANDY NEUGEBAUER Fame. called Minsk process, an OSCE-led effort to OF TEXAS Jim excelled as a student athlete throughout find a peaceful, negotiated settlement to this IN THE HOUSE OF REPRESENTATIVES high school and college, thereby earning First conflict, has been helpful in providing the Team Defensive Lineman and Second Team Monday, February 25, 2008 framework for dialogue between Azerbaijan Offensive Tackle awards at Northwest Mis- and Armenia. It also gives an international di- Mr. NEUGEBAUER. Madam Speaker, at souri State University. After graduating with a mension to this conflict. But we need to ur- this time, I would like to recognize one of my double major in Physical Education and Social gently conclude this process. Maintaining the distinguished constituents, SPC Russell W. Science, Jim returned to the sidelines, this status quo is just too costly.’’ Byers, who has recently been honored with time as a graduate assistant at the University Foreign Minister Mammadyarov contends the Army Commendation Medal from the De- of Colorado-Boulder. Before returning to his that diplomacy is Azerbaijan’s preferred solu- partment of the Army. alma mater as head coach of the Bearcats in tion. The resolution of this issue would not SPC Russell W. Byers is attached to the 1976, Jim earned a master’s degree in Phys- only improve bilateral relations between Azer- Headquarters Battery, 1st Battalion of the ical Education and School Administration. baijan and Armenia, it could also improve Ar- 319th Airborne Field Artillery Regiment. He Within three years he was selected as the menia’s relationship with Turkey. was awarded this citation by the Secretary of MIAA Coach of the Year. The resolution of the conflict would ensure the Army for ‘‘Meritorious service during com- In 1986, Jim decided to take a sabbatical regional security and economic growth. As bat operations in support of Operation Iraqi from a 17-year coaching career and return to Azerbaijan looks forward, it is also important Freedom.’’ The award further commends Spe- school, this time completing his doctorate in to look back. While not forgetting the past, cialist Byers, stating ‘‘Your Tactical and tech- education from Oklahoma State University- Azerbaijan is ready to resolve the conflict and nical proficiency, hard work and mission dedi- Stillwater. move into the future.

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.046 E25FEPT1 ccoleman on PRODPC75 with REMARKS February 25, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E233 PERSONAL EXPLANATION Mr. Roberson is a World War II Navy vet- zation for the Huntsville-Madison County com- eran and a graduate of Paine College. In munity. HON. SPENCER BACHUS 1988, he retired to Huntsville, Alabama, after For his lifetime of inspirational service and thirty-eight years as a civilian Electronics Fire OF ALABAMA outreach with the Boy Scouts, Mr. Roberson Control Specialist with the U.S. Army at the IN THE HOUSE OF REPRESENTATIVES was one of the first recipients from North Ala- Augusta Arsenal in Augusta, Georgia, and the Monday, February 25, 2008 bama to receive the Whitney Young Service Anniston Army Depot. Mr. BACHUS. Madam Speaker, on February Award. This award is presented nationally to 25, 2008, I missed votes because my flight Mr. Roberson is most well known for his life- those nominated by their local councils who was delayed. Southwest Flight 1357, sched- long membership and continuing commitment have provided Scouting opportunities for uled to depart BHM at 1:20 p.m. and arrive at to the Boy Scouts of America. In 1944, four young men from rural and low-income urban years after joining the Boy Scouts, he became BWI at 4:10 p.m., did not depart BHM until backgrounds. 3:15 p.m. and arrived at BWI at 6 p.m. the first African-American in the Georgia-Caro- On Friday, February 22, 2008, Mr. f lina Council of Boy Scouts to receive a Scout’s highest rank, Eagle Scout. Roberson’s family and friends celebrated his TRIBUTE TO MR. VERDERY life, his contributions to the Boy Scouts, and ROBERSON Mr. Roberson has passed on his extensive scouting knowledge and beliefs to countless his selfless devotion to the positive development of numerous young men. I rise to join HON. ROBERT E. (BUD) CRAMER, JR. young men as an adult leader, mentor, and member of the Eagle Board of Review. He is them in their tribute and to thank Mr. OF ALABAMA the founder and former Cub Master for the Roberson for his many years of service to our IN THE HOUSE OF REPRESENTATIVES Cub Scout Pack 314 at the Center Grove community. Monday, February 25, 2008 United Methodist Church, as well as a found- Mr. CRAMER. Madam Speaker, I rise today ing member of the Urban Emphasis Scout to pay tribute to an outstanding individual from Leaders Council. The Council is an urban and my district, Mr. Verdery Roberson. rural Scout outreach, or Scout Reach, organi-

VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.049 E25FEPT1 ccoleman on PRODPC75 with REMARKS E234 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2008 SENATE COMMITTEE MEETINGS tive test diagnosis for Down syndrome characteristics of certain lands in and or other prenatal and postnatal diag- adjacent to the Arapaho and Roosevelt Title IV of Senate Resolution 4, nosed conditions, S. 999, to amend the agreed to by the Senate on February 4, National Forests in Colorado, S. 2601 Public Health Service Act to improve and H.R. 1285, bills to require the Sec- 1977, calls for establishment of a sys- stroke prevention, diagnosis, treat- retary of Agriculture to convey to King tem for a computerized schedule of all ment, and rehabilitation, S. 1760, to and Kittitas Counties Fire District No. meetings and hearings of Senate com- amend the Public Health Service Act 51 a certain parcel of real property for with respect to the Healthy Start Ini- mittees, subcommittees, joint commit- use as a site for a new Snoqualmie Pass tiative, H.R. 20, to provide for research tees, and committees of conference. fire and rescue station, H.R. 523, to re- on, and services for individuals with, This title requires all such committees quire the Secretary of the Interior to to notify the Office of the Senate Daily postpartum depression and psychosis, and S. 1042, to amend the Public Health convey certain public land located Digest—designated by the Rules Com- Service Act to make the provision of wholly or partially within the bound- mittee—of the time, place, and purpose technical services for medical imaging aries of the Wells Hydroelectric of the meetings, when scheduled, and examinations and radiation therapy Project of Public Utility District No. 1 any cancellations or changes in the treatments safer, more accurate, and of Douglas County, Washington, to the meetings as they occur. less costly, and any pending nomina- utility district, and H.R. 838, to provide As an additional procedure along tions. for the conveyance of the Bureau of with the computerization of this infor- SD–430 Land Management parcels known as mation, the Office of the Senate Daily Homeland Security and Governmental Af- the White Acre and Gambel Oak prop- Digest will prepare this information for fairs erties and related real property to To hold hearings to examine U.S. reli- printing in the Extensions of Remarks Park City, Utah. ance on private security firms in over- SD–366 section of the CONGRESSIONAL RECORD seas operations. Commerce, Science, and Transportation on Monday and Wednesday of each SD–342 Space, Aeronautics, and Related Agencies week. Judiciary Subcommittee Meetings scheduled for Tuesday, Feb- To hold hearings to examine S. 2041, to To hold hearings to examine the Presi- ruary 26, 2008 may be found in the amend the False Claims Act, focusing dent’s proposed budget request for fis- Daily Digest of today’s RECORD. on strengthening the government’s most effective tool against fraud for cal year 2009 for the National Space MEETINGS SCHEDULED the 21st century. and Aeronautics Administration (NASA). FEBRUARY 27 SD–226 Rules and Administration SR–253 9:30 a.m. To hold hearings to examine protecting Intelligence Armed Services voters in the United States at the Closed business meeting to consider To hold hearings to examine the current polls, focusing on limiting abusive pending calendar business. and future worldwide threats to the na- robocalls and vote caging practices. SH–219 tional security of the United States; SR–301 3 p.m. with the possibility of a closed session Small Business and Entrepreneurship Armed Services in S–407 following the open session. To hold hearings to examine the Presi- SD–106 Personnel Subcommittee dent’s proposed budget request for fis- To hold hearings to examine the defense Indian Affairs cal year 2009 for the Small Business authorization request for fiscal year To hold hearings to examine S. 2232, to Administration. 2009 for the Active component, Reserve direct the Secretary of Commerce to SR–428A establish a demonstration program to 10:30 a.m. component, civilian personnel pro- adapt the lessons of providing foreign Appropriations grams, and the future years defense aid to underdeveloped economies to the Defense Subcommittee program. provision of Federal economic develop- To hold hearings to examine proposed SR–232A ment assistance to certain similarly budget estimates for fiscal year 2009 for situated individuals. the U.S. Army, Department of Defense. FEBRUARY 28 SR–485 SD–192 9:30 a.m. Veterans’ Affairs Aging Armed Services To hold hearings to review veterans’ dis- To hold hearings to examine issues rel- To hold hearings to examine the defense ability compensation, focusing on ex- ative to surgeons, focusing on conflicts authorization request for fiscal year pert work on post-traumatic stress dis- and consultant payments in the med- 2009, for the Department of the Navy, order and other issues. ical device industry. and the future years defense program; SH–216 SD–628 9:45 a.m. 2 p.m. with the possibility of a closed session Energy and Natural Resources Judiciary in SR–222 immediately following the To hold hearings to examine the nomina- Crime and Drugs Subcommittee open session. tions of Stanley C. Suboleski, of Vir- To hold hearings to examine supporting SH–216 ginia, to be an Assistant Secretary of the front line in the fight against Armed Services Energy (Fossil Energy), and J. Gregory crime, focusing on restoring federal To hold hearings to examine the defense Copeland, of Texas, to be General funding for state and local law enforce- authorization request for fiscal year Counsel, both of the Department of En- ment. 2009 for Department of the Navy, and ergy. SD–226 the future years defense program; with SD–366 2:30 p.m. the possibility of a closed session in 10 a.m. Energy and Natural Resources SR–222 immediately following the open Environment and Public Works Public Lands and Forests Subcommittee session. To hold hearings to examine the Presi- To hold hearings to examine S. 2229, to SH–216 dent’s proposed budget request for fis- withdraw certain Federal land in the Energy and Natural Resources cal year 2009 for the Environmental Wyoming Range from leasing and pro- To hold hearings to examine the impact Protection Agency. vide an opportunity to retire certain of increased minimum wages on the SD–406 leases in the Wyoming Range, S. 2379, economies of American Samoa and the Health, Education, Labor, and Pensions to authorize the Secretary of the Inte- Commonwealth of the Northern Mar- Business meeting to consider S. 579, to rior to cancel certain grazing leases on iana Islands. amend the Public Health Service Act land in Cascade-Siskiyou National SD–366 to authorize the Director of the Na- Monument that are voluntarily waived tional Institute of Environmental by the lessees, to provide for the ex- Foreign Relations Health Sciences to make grants for the change of certain Monument land in To hold hearings to examine the policy development and operation of research exchange for private land, to designate options of the United States in post- centers regarding environmental fac- certain Monument land as wilderness, election Pakistan. tors that may be related to the eti- S. 832, to provide for the sale of ap- SD–419 ology of breast cancer, S. 1810, to proximately 25 acres of public land to Joint Economic Committee amend the Public Health Service Act the Turnabout Ranch, Escalante, Utah, To hold hearings to examine the total to increase the provision of scientif- at fair market value, S. 2508 and H.R. economic costs of the war beyond the ically sound information and support 903, bills to provide for a study of op- federal budget. services to patients receiving a positions for protecting the open space SD–106

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To hold hearings to examine the Presi- Assistance, Economic Affairs and SD–226 dent’s proposed budget request for fis- International Environmental Protec- cal year 2009 for the Department of tion Subcommittee MARCH 6 Transportation. To hold hearings to examine inter- 9:30 a.m. SR–253 national deforestation and climate Armed Services Finance change adaptation. To hold hearings to examine the defense To hold hearings to examine the real es- SD–419 authorization request for fiscal year tate market, focusing on building a Judiciary 2009 for the U.S. Southern and North- strong economy. To hold hearings to examine weaknesses ern Command, and the future years de- SD–215 in the visa waiver program, focusing on fense program. Judiciary possible safeguards needed to protect SH–216 Business meeting to consider S. 2304, to 10 a.m. amend title I of the Omnibus Crime the United States of America. SD–226 Commerce, Science, and Transportation Control and Safe Streets Act of 1968 to Oceans, Atmosphere, Fisheries, and Coast provide grants for the improved mental Intelligence Guard Subcommittee health treatment and services provided To hold closed hearings to examine cer- To hold hearings to examine the Presi- to offenders with mental illnesses, S. tain intelligence matters. dent’s proposed budget request for fis- 2449, to amend chapter 111 of title 28, SH–219 cal year 2009 for the U.S. Coast Guard United States Code, relating to protec- and conduct oversight. tive orders, sealing of cases, disclosures FEBRUARY 29 SR–253 of discovery information in civil ac- 10 a.m. tions, S. 352, to provide for media cov- Homeland Security and Governmental Af- MARCH 11 erage of Federal court proceedings, S. fairs 2136, to address the treatment of pri- 9:30 a.m. Oversight of Government Management, the mary mortgages in bankruptcy, S. 2133, Armed Services Federal Workforce, and the District of to authorize bankruptcy courts to take To hold hearings to examine the defense certain actions with respect to mort- Columbia Subcommittee authorization request for fiscal year gage loans in bankruptcy, S. 2041, to To hold hearings to examine govern- 2009 for U.S. Pacific Command and U.S. amend the False Claims Act, and the ment-wide intelligence community Forces in Korea, and the future years nominations of Kevin J. O’Connor, of management reforms, focusing on en- defense program. Connecticut, to be Associate Attorney suring effective Congressional over- SH–216 General, and Gregory G. Katsas, of sight and the role of the Government 10 a.m. Massachusetts, to be an Assistant At- Accountability Office. Environment and Public Works torney General, both of the Depart- SD–342 To hold hearings to examine the Presi- ment of Justice, Brian Stacy Miller, to dent’s proposed budget request for fis- be United States District Judge for the MARCH 4 cal year 2009 for the U.S. Army Corps of Eastern District of Arkansas, and 9:30 a.m. Engineers Civil Works Program, and James Randal Hall, to be United States Armed Services the implementation of the Water Re- District Judge for the Southern Dis- sources Development Act (WRDA) of trict of Georgia. To hold hearings to examine the defense authorization request for fiscal year 2007 (Public Law 110–114). SD–226 SD–406 2 p.m. 2009 for the United States Central Com- mand and the United States Special Commerce, Science, and Transportation Appropriations Science, Technology, and Innovation Sub- Operations Command, and the future Agriculture, Rural Development, Food and committee years defense program; with the possi- Drug Administration, and Related To hold hearings to examine the Presi- bility of a closed session in S–407 im- Agencies Subcommittee dent’s proposed budget request for fis- To hold hearings to examine the recent mediately following the open session. cal year 2009 to support U.S. basic re- Hallmark/Westland meat recall. SD–106 search. SD–192 10 a.m. SR–253 Energy and Natural Resources Commerce, Science, and Transportation 2:30 p.m. Water and Power Subcommittee To hold hearings to examine the Presi- Judiciary To hold hearings to examine S. 177 and dent’s proposed budget request for fis- To hold hearings to examine the nomina- H.R. 2085, bills to authorize the Sec- cal year 2009 for Transportation Secu- tion of Grace C. Becker, of New York, retary of the Interior to convey to the rity Administration, Department of to be Assistant Attorney General for McGee Creek Authority certain facili- Transportation. the Civil Rights Division, Department ties of the McGee Creek Project, Okla- SR–253 of Justice. homa, S. 1473 and H.R. 1855, bills to au- Appropriations thorize the Secretary of the Interior, SD–226 Homeland Security Subcommittee acting through the Bureau of Reclama- To hold hearings to examine proposed tion, to enter into a cooperative agree- MARCH 12 budget estimates for fiscal year 2009 for ment with the Madera Irrigation Dis- 9:30 an. trict for purposes of supporting the the Department of Homeland Security. Armed Services Madera Water Supply Enhancement SD–192 Readiness and Management Support Sub- Project, S. 1474 and H.R. 1139, bills to 2:30 p.m. committee authorize the Secretary of the Interior Commerce, Science, and Transportation To receive a briefing on the current read- to plan, design and construct facilities Surface Transportation and Merchant Ma- iness of the armed forces of the United to provide water for irrigation, munic- rine Infrastructure, Safety and Secu- States. ipal, domestic, and other uses from the rity Subcommittee SH–219 Bunker Hill Groundwater Basin, Santa To hold hearings to examine protecting 10 a.m. Ana River, California, S. 1929, to au- seashores from oil spills, focusing on Banking, Housing, and Urban Affairs thorize the Secretary of the Interior, operational procedures and ship de- To hold hearings to examine the Presi- acting through the Commissioner of signs. dent’s proposed budget request for fis- Reclamation, to conduct a feasibility SR–253 cal year 2009 for the Department of

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VerDate Aug 31 2005 06:06 Feb 26, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\M25FE8.000 E25FEPT1 ccoleman on PRODPC75 with REMARKS Monday, February 25, 2008 Daily Digest

HIGHLIGHTS Senator Pryor read Washington’s Farewell Address. Senate the Senate to those affected by the devastating shoot- Chamber Action ing incident of February 14, 2008, at Northern Illi- Routine Proceedings, pages S1093–S1147 nois University in DeKalb, Illinois. Pages S1100–01 Measures Introduced: On Friday, February 15, Senate Legal Representation: Senate agreed to S. 2008, under the order of the authority of the Senate Res. 460, to authorize representation by the Senate of February 14, 2008, the following three bills were Legal Counsel in the case of National Association of introduced, as follows: S. 2655–2657. On Monday, Manufacturers v. Taylor, et al. Page S1145 February 25, 2008, the following nine bills and Measures Considered: three resolutions were introduced, as follows: S. 2658–S. 2666 and S. Res. 458–460. Page S1121 Indian Health Care Improvement Act Amend- ments: Senate resumed consideration of S. 1200, to Measures Reported: amend the Indian Health Care Improvement Act to Reported on Friday, February 22, during the ad- revise and extend the Act, taking action on the fol- journment: lowing amendments proposed thereto: S. 2324, to amend the Inspector General Act of Pages S1101–14, S1146 1978 (5 U.S.C. App.) to enhance the Offices of the Adopted: Inspectors General, to create a Council of the Inspec- By 78 yeas to 11 nays (Vote No. 29), Murkowski tors General on Integrity and Efficiency, with (for DeMint) Amendment No. 4070 (to Amendment amendments. (S. Rept. No. 110–262) Page S1121 No. 3899), of a perfecting nature. Page S1109 Reported on Monday, February 25, 2008: Dorgan (for Thune) Amendment No. 4021 (to S. 2142, to amend title 38, United States Code, Amendment No. 3899), to require a study of tribal to require the Secretary of Veterans Affairs to reim- justice systems. Page S1113 burse veterans receiving emergency treatment in Dorgan (for Johnson) Modified Amendment No. non-Department of Veterans Affairs facilities for 4019 (to Amendment No. 3899), to provide for tes- such treatment until such veterans are transferred to timony by Service employees in cases of rape and Department facilities, with amendments. (S. Rept. sexual assault. Page S1113 No. 110–263) Page S1121 Withdrawn: S. 2450, to amend the Federal Rules of Evidence Murkowski (for DeMint) Amendment No. 4073 to address the waiver of the attorney-client privilege (to Amendment No. 3899), of a perfecting nature. and the work product doctrine. (S. Rept. No. Pages S1109–10 110–264) Page S1121 Pending: Report to accompany S. 2045, to reform the Con- sumer Product Safety Commission to provide greater Vitter Amendment No. 3896 (to Amendment No. protection for children’s products, to improve the 3899), to modify a section relating to limitation on screening of noncompliant consumer products, to use of funds appropriated to the Service. improve the effectiveness of consumer product recall Pages S1101, S1113–14 Dorgan Amendment No. 3899, in the nature of programs. (S. Rept. No. 110–265) Page S1121 a substitute. Page S1101 Measures Passed: Smith Amendment No. 3897 (to Amendment No. Northern Illinois University Shooting: Senate 3899), to modify a provision relating to development agreed to S. Res. 458, expressing the condolences of of innovative approaches. Pages S1101, S1110–13 D161

VerDate Aug 31 2005 07:02 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D25FE8.REC D25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D162 CONGRESSIONAL RECORD — DAILY DIGEST February 25, 2008 Murkowski (for DeMint) Amendment No. 4015 ruary 14, 2008, a vote on cloture will occur at 2:50 (to Amendment No. 3899), to authorize the Sec- p.m. on Tuesday, February 26, 2008. Pages S1144–45 retary of Health and Human Services to establish an A unanimous-consent agreement was reached pro- Indian health savings account demonstration project. viding that at 2:30 p.m. on Tuesday, February 26, Page S1101 2008, Senate continue consideration of the motion to Murkowski (for DeMint) Amendment No. 4066 proceed to consideration of S. 2663, to provide for (to Amendment No. 3899), of a perfecting nature. the safe redeployment of United States troops from Page S1101 Iraq; that there be 20 minutes of debate prior to a During consideration of this measure today, Senate vote on the motion to invoke cloture on the motion also took the following action: to proceed to consideration of the bill, the time be By 85 yeas to 2 nays (Vote No. 28), three-fifths divided and controlled between the Majority and Re- of those Senators duly chosen and sworn, having publican Leaders, and that the Majority Leader con- voted in the affirmative, Senate agreed to the motion trol the final 10 minutes prior to the vote; provided to close further debate on the Dorgan Amendment further, that the other provisions of the February 14, No. 3899 (listed above). Page S1109 2008 order of the Senate remain in effect. Chair sustained a point of order that DeMint Subsequently, the motion to proceed was with- Amendment No. 4080 (to Amendment No. 4070), drawn. Page S1145 to rescind funds appropriated by the Consolidated Appropriations Act, 2008, for the City of Berkeley, Global Strategic Report: Senate began consider- California, and any entities located in such city, and ation of the motion to proceed to consideration of S. to provide that such funds shall be transferred to the 2634, to require a report setting forth the global Operations and Maintenance, Marine Corps account strategy of the United States to combat and defeat of the Department of Defense for the purposes of real Qaeda and its affiliates. cruiting, was not germane to the bill, and the A motion was entered to close further debate on amendment thus fell. Page S1109 the motion to proceed to consideration of the bill A unanimous-consent agreement was reached pro- and, in accordance with the provisions of Rule XXII viding that Senate continue consideration of the bill of the Standing Rules of the Senate, and pursuant to at approximately 10 a.m. on Tuesday February 26, the unanimous-consent agreement of Thursday, Feb- 2008; that the Chairman and Ranking Member of ruary 14, 2008, a vote on cloture will occur at 2:30 the Committee on Indian Affairs each have 10 min- p.m. on Tuesday, February 26, 2008. utes of debate; that the voting sequence be as fol- Subsequently, the motion to proceed was with- lows: drawn. Page S1145 Vitter Amendment No. 3896, Washington’s Farewell Address: Senator Pryor Smith Amendment No. 3897, performed the traditional reading of Washington’s Murkowski (for DeMint) Amendment No. 4015, Farewell Address. Pages S1093–98 and Murkowski (for DeMint) Amendment No. 4066; Nominations Received: Senate received the fol- that upon disposition of all pending amendments, lowing nominations: Dorgan Amendment No. 3899, as amended be Scot A. Marciel, of California, for the rank of Am- agreed to, the bill as amended be read a third time, bassador during his tenure of service as Deputy As- and Senate vote on passage of the bill; provided fur- sistant Secretary of State for East Asian and Associa- ther, that the cloture motion on the bill be with- tion of Southeast Asian Nations (ASEAN) Affairs. drawn, with no debate time in order except for the Donald E. Booth, of Virginia, to be Ambassador 2 minutes prior to each vote; that after the first to the Republic of Zambia. vote, vote time be limited to 10 minutes each; that Nancy E. McEldowney, of Florida, to be Ambas- the other provisions of the February 14, 2008 order sador to the Republic of Bulgaria. of the Senate remain in effect. Pages S1112–13 Stephen George McFarland, of Texas, to be Am- Troop Redeployment: Senate began consideration bassador to the Republic of Guatemala. of the motion to proceed to consideration of S. 2633, Gillian Arlette Milovanovic, of Pennsylvania, to to provide for the safe redeployment of United States be Ambassador to the Republic of Mali. troops from Iraq. Carol Dillon Kissal, of Maryland, to be Inspector A motion was entered to close further debate on General, Small Business Administration. the motion to proceed to consideration of the bill Joseph A. Benkert, of Virginia, to be an Assistant and, in accordance with the provisions of rule XXII Secretary of Defense. of the Standing Rules of the Senate, and pursuant to 1 Army nomination in the rank of general. the unanimous-consent agreement of Thursday, Feb- 1 Marine Corps nomination in the rank of general.

VerDate Aug 31 2005 07:02 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D25FE8.REC D25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE February 25, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D163 2 Navy nominations in the rank of admiral. Subcommittee on Securities, Insurance, and Investment: Pages S1146–47 Senators Reed (RI) (Chairman), Menendez, Johnson, Messages from the House: Page S1118 Schumer, Bayh, Casey, Akaka, Tester, Allard, Enzi, Bennett, Hagel, Bunning, Crapo, and Corker; Measures Referred: Page S1118 Subcommittee on Financial Institutions: Senators Johnson Measures Placed on the Calendar: Page S1118 (Chairman), Tester, Menendez, Akaka, Reed (RI), Measures Read the First Time: Pages S1118, S1145 Schumer, Bayh, Carper, Hagel, Bennett, Allard, Executive Communications: Pages S1118–21 Bunning Crapo, Dole, and Corker; Additional Cosponsors: Pages S1121–24 Subcommittee on Housing, Transportation, and Community Statements on Introduced Bills/Resolutions: Development: Senators Schumer (Chairman), Akaka, Pages S1124–44 Casey, Reed (RI), Carper, Brown, Tester, Crapo, Dole, Martinez, Allard, Enzi, and Hagel; Additional Statements: Pages S1116–17 Subcommittee on Economic Policy: Senators Carper Notices of Hearings/Meetings: Page S1144 (Chairman), Brown, and Bunning; Privileges of the Floor: Page S1144 Subcommittee on Security and International Trade and Fi- Record Votes: Two record votes were taken today. nance: Senators Bayh (Chairman), Brown, Johnson, (Total—29) Page S1109 Casey, Dodd, Martinez, Enzi, Dole, and Bennett. Adjournment: Senate convened at 3 p.m. and adjourned at 7:35 p.m., until 10 a.m. on Tuesday, NOMINATIONS February 26, 2008. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on Committee on the Judiciary: On Thursday, February 21, pages S1145–46.) committee concluded a hearing to examine the nominations of Catharina Haynes, of Texas, to be United States Circuit Judge for the Fifth Circuit, Committee Meetings John A. Mendez, to be United States District Judge (Committees not listed did not meet) for the Eastern District of California, and Stanley Thomas Anderson, to be United States District SUBCOMMITTEE ASSIGNMENTS Judge for the Western District of Tennessee, after Committee on Banking, Housing, and Urban Affairs: On the nominees testified and answered questions in January 24, committee announced the following sub- their own behalf. committee assignments:

VerDate Aug 31 2005 07:02 Apr 16, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD08\RECFILES\D25FE8.REC D25FE8 mmaher on PROD1PC76 with CONG-REC-ONLINE D164 CONGRESSIONAL RECORD — DAILY DIGEST February 25, 2008 House of Representatives Congressional District of Florida—Order of Chamber Action Business: The House agreed by unanimous consent Public Bills and Resolutions Introduced: 10 pub- that it be in order at any time to consider H. Res. lic bills, H.R.5478–5487; and 6 resolutions, H. 989, dismissing the election contest relating to the Con. Res. 302–303; and H. Res. 994–997 were in- office of Representative from the Thirteenth Con- troduced. Pages H1030–31 gressional District of Florida; that the resolution be Additional Cosponsors: Pages H1031–32 considered as read; and that the previous question shall be considered as ordered on the resolution to Report Filed: A report was filed today as follows: its adoption without intervening motion except ten H.R. 5264, to extend certain trade preference pro- minutes of debate equally divided and controlled by grams, with amendments (H. Rept. 110–529). the Chairman and the Ranking Minority Member of Page H1030 the Committee on House Administration, or their Suspensions: The House agreed to suspend the rules designees. Pages H1016–17 and pass the following measures: Dismissing the election contest relating to the Expressing support for the designation of the office of Representative from the Thirteenth week of March 3–7, 2008, as ‘‘School Social Work Congressional District of Florida: The House Week’’: H. Res. 978, to express support for the des- agreed to H. Res. 989, dismissing the election con- ignation of the week of March 3–7, 2008, as ‘‘School test relating to the office of Representative from the Social Work Week’’ to promote awareness of the Thirteenth Congressional District of Florida, by vital role of school social workers in schools, and in voice vote. Page H1017 the community as a whole, in helping students pre- Senate Message: Message received from the Senate pare for their future as productive citizens, by a 2⁄3 yea-and-nay vote of 379 yeas with none voting by the Clerk and subsequently presented to the House today appears on page H1006. ‘‘nay’’, Roll No. 69; Pages H1006–07, H1013–14 Supporting the goals and ideals of ‘‘Career and Quorum Calls—Votes: Three yea-and-nay votes de- Technical Education Month’’: H. Res. 930, amend- veloped during the proceedings of today and appear ed, to support the goals and ideals of ‘‘Career and on pages H1013–14, H1014–15 and H1015. There were no quorum calls. Technical Education Month’’, by a 2⁄3 yea-and-nay vote of 380 yeas with none voting ‘‘nay’’, Roll No. Adjournment: The House met at 4 p.m. and ad- 70; Pages H1007–10, H1014–15 journed at 9:55 p.m. Honoring the service and accomplishments of Lieutenant General Russel L. Honore´, United Committee Meetings States Army, for his 37 years of service on behalf of the United States: H. Res. 944, amended, to RAILROAD ANTITRUST ENFORCEMENT honor the service and accomplishments of Lieutenant ACT OF 2007 General Russel L. Honore´, United States Army, for Committee on the Judiciary: Task Force on Antitrust his 37 years of service on behalf of the United States, and Competition Policy held a hearing on H.R. by a 2⁄3 yea-and-nay vote of 380 yeas with none vot- 1650, Railroad Antitrust Enforcement Act of 2007. ing ‘‘nay’’, Roll No. 71; and Pages H1010–13, H1015 Testimony was heard from Representative Baldwin; Providing for the continued minting and and public witnesses. issuance of certain $1 coins in 2008: H.R. 5478, f to provide for the continued minting and issuance of NEW PUBLIC LAWS certain $1 coins in 2008. Page H1013 Recess: The House recessed at 4:50 p.m. and recon- (For last listing of Public Laws, see DAILY DIGEST, p. D151) vened at 6:30 p.m. Page H1013 H.R. 4253, to improve and expand small business assistance programs for veterans of the armed forces Moment of Silence: The House observed a moment and military reservists, and for other purposes. of silence in honor of the victims of the shooting on Signed on February 14, 2008. (Public Law 110–186) the campus of Northern Illinois University on Feb- H.R. 3541, to eliminate the automatic removal of ruary 14, 2008. Page H1014 telephone numbers registered on the Federal ‘‘do- Dismissing the election contest relating to the not-call’’ registry. Signed on February 15, 2008. office of Representative from the Thirteenth (Public Law 110–187)

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COMMITTEE MEETINGS FOR TUESDAY, Committee on Armed Services: February 26, to hold hear- FEBRUARY 26, 2008 ings to examine the defense authorization request for fiscal year 2009 for the Department of the Army, and the (Committee meetings are open unless otherwise indicated) future years defense program, 9:30 a.m., SH–216. Senate February 27, Full Committee, to hold hearings to examine the current and future worldwide threats to the na- Committee on Appropriations: Subcommittee on Interior, tional security of the United States; with the possibility Environment, and Related Agencies, to hold oversight of a closed session in S–407 following the open session, hearings to examine the oil, gas, and mineral revenue 9:30 a.m., SD–106. programs managed by the Department of the Interior, 10 February 27, Subcommittee on Personnel, to hold hear- a.m., SD–124. ings to examine the defense authorization request for fis- Committee on Armed Services: to hold hearings to examine cal year 2009 for the Active component, Reserve compo- the defense authorization request for fiscal year 2009 for nent, civilian personnel programs, and the future years the Department of the Army, and the future years defense defense program, 3 p.m., SR–232A. program, 9:30 a.m., SH–216. February 28, Full Committee, to hold hearings to ex- Committee on Energy and Natural Resources: to hold an amine the defense authorization request for fiscal year oversight hearing to examine U.S. oil inventory policies, 2009 for Department of the Navy, and the future years focusing on the Department of Energy’s Strategic Petro- defense program; with the possibility of a closed session leum Reserve Project Management Office policies, 10 in SR–222 immediately following the open session, 9:30 a.m., SD–366. a.m., SH–216. Committee on Finance: to hold hearings to examine the February 28, Full Committee, to hold hearings to ex- economic and fiscal conditions of the States, 10 a.m., amine the defense authorization request for fiscal year SD–215. 2009, for the Department of the Navy, and the future Select Committee on Intelligence: to hold closed hearings to years defense program; with the possibility of a closed examine certain intelligence matters, 2:30 p.m., SH–219. session in SR–222 immediately following the open ses- f sion, 9:30 a.m., SH–216. Committee on Banking, Housing, and Urban Affairs: Feb- CONGRESSIONAL PROGRAM AHEAD ruary 28, to hold hearings to examine the semiannual Week of February 25 through March 1, 2008 monetary policy report to the Congress, 10 a.m., SD–538. Senate Chamber Committee on Commerce, Science, and Transportation: Feb- ruary 27, Subcommittee on Space, Aeronautics, and Re- On Tuesday, at approximately 10:00 a.m., Senate lated Agencies, to hold hearings to examine the Presi- will continue consideration of S. 1200, Indian dent’s proposed budget request for fiscal year 2009 for Health Care Improvement Act Amendments, and the National Space and Aeronautics Administration vote on the pending amendments and on passage of (NASA), 2:30 p.m., SR–253. the bill. At 2:50 p.m., Senate will vote on the mo- February 28, Full Committee, to hold hearings to ex- tion to invoke cloture on the motion to proceed to amine the President’s proposed budget request for fiscal consideration of S. 2633, Troop Redeployment, fol- year 2009 for the Department of Transportation, 10 a.m., lowing which, Senate will vote on the motion to in- SR–253. voke cloture on the motion to proceed to consider- Committee on Energy and Natural Resources: February 26, to hold an oversight hearing to examine U.S. oil inven- ation of S. 2634, Global Strategy Report. tory policies, focusing on the Department of Energy’s During the balance of the week, Senate may con- Strategic Petroleum Reserve Project Management Office sider any cleared legislative and executive business. policies, 10 a.m., SD–366. Senate Committees February 27, Full Committee, to hold hearings to examine the nominations of Stanley C. Suboleski, of Vir- (Committee meetings are open unless otherwise indicated) ginia, to be an Assistant Secretary of Energy (Fossil En- Committee on Appropriations: February 26, Subcommittee ergy), and J. Gregory Copeland, of Texas, to be General on Interior, Environment, and Related Agencies, to hold Counsel, both of the Department of Energy, 9:45 a.m., oversight hearings to examine the oil, gas, and mineral SD–366. revenue programs managed by the Department of the In- February 27, Subcommittee on Public Lands and For- terior, 10 a.m., SD–124. ests, to hold hearings to examine S. 2229, to withdraw February 27, Subcommittee on Defense, to hold hear- certain Federal land in the Wyoming Range from leasing ings to examine proposed budget estimates for fiscal year and provide an opportunity to retire certain leases in the

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Wyoming Range, S. 2379, to authorize the Secretary of Committee on Finance: February 26, to hold hearings to the Interior to cancel certain grazing leases on land in examine the economic and fiscal conditions of the States, Cascade-Siskiyou National Monument that are voluntarily 10 a.m., SD–215. waived by the lessees, to provide for the exchange of cer- February 28, Full Committee, to hold hearings to ex- tain Monument land in exchange for private land, to des- amine the real estate market, focusing on building a ignate certain Monument land as wilderness, S. 832, to strong economy, 10 a.m., SD–215. provide for the sale of approximately 25 acres of public Committee on Foreign Relations: February 28, to hold land to the Turnabout Ranch, Escalante, Utah, at fair hearings to examine the policy options of the United market value, S. 2508 and H.R. 903, bills to provide for States in post-election Pakistan, 9:30 a.m., SD–419. a study of options for protecting the open space character- February 28, Subcommittee on International Develop- istics of certain lands in and adjacent to the Arapaho and ment and Foreign Assistance, Economic Affairs and Inter- Roosevelt National Forests in Colorado, S. 2601 and H.R. national Environmental Protection, to hold hearings to 1285, bills to require the Secretary of Agriculture to con- examine international deforestation and climate change vey to King and Kittitas Counties Fire District No. 51 adaptation, 2:30 p.m., SD–419. a certain parcel of real property for use as a site for a new Committee on Health, Education, Labor, and Pensions: Feb- Snoqualmie Pass fire and rescue station, H.R. 523, to re- ruary 27, business meeting to consider S. 579, to amend quire the Secretary of the Interior to convey certain pub- the Public Health Service Act to authorize the Director lic land located wholly or partially within the boundaries of the National Institute of Environmental Health of the Wells Hydroelectric Project of Public Utility Dis- Sciences to make grants for the development and oper- trict No. 1 of DouglasCounty, Washington, to the utility ation of research centers regarding environmental factors district, and H.R. 838, to provide for the conveyance of that may be related to the etiology of breast cancer, S. the Bureau of Land Management parcels known as the 1810, to amend the Public Health Service Act to increase White Acre and Gambel Oak properties and related real the provision of scientifically sound information and sup- property to Park City, Utah, 2:30 p.m., SD–366. port services to patients receiving a positive test diagnosis February 28, Full Committee, to hold hearings to ex- for Down syndrome or other prenatal and postnatal diag- amine the impact of increased minimum wages on the nosed conditions, S. 999, to amend the Public Health economies of American Samoa and the Commonwealth of Service Act to improve stroke prevention, diagnosis, treat- the Northern Mariana Islands, 9:30 a.m., SD–366. ment, and rehabilitation, S. 1760, to amend the Public February 28, Subcommittee on Water and Power, to Health Service Act with respect to the Healthy Start Ini- hold hearings to examine S. 177 and H.R. 2085, bills to tiative, H.R. 20, to provide for research on, and services authorize the Secretary of the Interior to convey to the for individuals with, postpartum depression and psy- McGee Creek Authority certain facilities of the McGee chosis, and S. 1042, to amend the Public Health Service Creek Project, Oklahoma, S. 1473 and H.R. 1855, bills Act to make the provision of technical services for med- to authorize the Secretary of the Interior, acting through ical imaging examinations and radiation therapy treat- the Bureau of Reclamation, to enter into a cooperative ments safer, more accurate, and less costly, and any pend- agreement with the Madera Irrigation District for pur- ing nominations, 10 a.m., SD–430. poses of supporting the Madera Water Supply Enhance- Committee on Homeland Security and Governmental Affairs: ment Project, S. 1474 and H.R. 1139, bills to authorize February 27, to hold hearings to examine U.S. reliance on the Secretary of the Interior to plan, design and construct private security firms in overseas operations, 10 a.m., facilities to provide water for irrigation, municipal, do- SD–342. mestic, and other uses from the Bunker Hill Ground- February 29, Subcommittee on Oversight of Govern- water Basin, Santa Ana River, California, S. 1929, to au- ment Management, the Federal Workforce, and the Dis- thorize the Secretary of the Interior, acting through the trict of Columbia, to hold hearings to examine govern- Commissioner of Reclamation, to conduct a feasibility ment-wide intelligence community management reforms, study of water augmentation alternatives in the Sierra focusing on ensuring effective Congressional oversight and Vista Subwatershed, S. 2370, to clear title to certain real the role of the Government Accountability Office, 10 property in New Mexico associated with the Middle Rio a.m., SD–342. Grande Project, and H.R. 2381, to promote Department Committee on Indian Affairs: February 27, to hold hear- of the Interior efforts to provide a scientific basis for the ings to examine S. 2232, to direct the Secretary of Com- management of sediment and nutrient loss in the Upper merce to establish a demonstration program to adapt the Mississippi River Basin, 2 p.m., SD–366. lessons of providing foreign aid to underdeveloped econo- Committee on Environment and Public Works: February 27, mies to the provision of Federal economic development to hold hearings to examine the President’s proposed assistance to certain similarly situated individuals, 9:30 budget request for fiscal year 2009 for the Environmental a.m., SR–485. Protection Agency, 10 a.m., SD–406. Committee on the Judiciary: February 27, to hold hearings February 28, Subcommittee on Clean Air and Nuclear to examine S. 2041, to amend the False Claims Act, fo- Safety, to hold oversight hearings to examine the Nuclear cusing on strengthening the government’s most effective Regulatory Commission, focusing on the security of the tool against fraud for the 21st century, 10 a.m., SD–226. nuclear power plants in the United States, 10 a.m., February 27, Subcommittee on Crime and Drugs, to SD–406. hold hearings to examine supporting the front line in the

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fight against crime, focusing on restoring federal funding International Trade Commission, 2 p.m., B–309 Ray- for state and local law enforcement, 2 p.m., SD–226. burn. February 28, Full Committee, business meeting to con- February 26, Subcommittee on Defense, executive, on sider S. 2304, to amend title I of the Omnibus Crime Missile Defense Agency, 10 a.m., H–140 Capitol. Control and Safe Streets Act of 1968 to provide grants February 26, Subcommittee on Homeland Security, on for the improved mental health treatment and services Immigration Enforcement Issues, including Comprehen- provided to offenders with mental illnesses, S. 2449, to sive Identification and Removal of Criminal Aliens and amend chapter 111 of title 28, United States Code, relat- Students and Exchange Visitor Program fee increases— ing to protective orders, sealing of cases, disclosures of Immigration and Customs Enforcement, 10 a.m., 2359 discovery information in civil actions, S. 352, to provide Rayburn. for media coverage of Federal court proceedings, S. 2136, February 26, Subcommittee on Interior, Environment, to address the treatment of primary mortgages in bank- and Related Agencies, on Environmental Protection ruptcy, S. 2133, to authorize bankruptcy courts to take Agency, 1:30 p.m., B–308 Rayburn. certain actions with respect to mortgage loans in bank- February 26, Subcommittee on Labor, Health and ruptcy, S. 2041, to amend the False Claims Act, and the Human Services, Education and Related Agencies, on Sec- nominations of Kevin J. O’Connor, of Connecticut, to be retary of Education, 10 a.m., and an Overview hearing on Associate Attorney General, and Gregory G. Katsas, of Opportunities Lost and Costs to Society: The Social and Massachusetts, to be an Assistant Attorney General, both Economic Burden of Inadequate Education, Training and of the Department of Justice, Brian Stacy Miller, to be Workforce Development, 2 p.m., 2359 Rayburn. United States District Judge for the Eastern District of February 26, Subcommittee on Military Construction, Arkansas, and James Randal Hall, to be United States Veterans’ Affairs and Related Agencies, on American Bat- District Judge for the Southern District of Georgia, 10 tle Commission, 1:30 p.m.; on Arlington National Ceme- a.m., SD–226. tery and United States Soldiers’ and Airmen’s Home Na- February 28, Full Committee, to hold hearings to ex- tional Cemetery, 2:15 p.m., on Armed Forces Retirement amine weaknesses in the visa waiver program, focusing on Income, 2:45 p.m., and on United States Court of Ap- possible safeguards needed to protect the United States of peals for Veterans’ Claims, 3:15 p.m., H–143 Capitol. America, 2:30 p.m., SD–226. February 26, Subcommittee on State, Foreign Oper- Committee on Rules and Administration: February 27, to hold hearings to examine protecting voters in the United ations, and Related Programs, on Fiscal Year 2009 Budg- States at the polls, focusing on limiting abusive robocalls et-Millennium Challenge Account, 10 a.m., 2362–A Ray- and vote caging practices, 10 a.m., SR–301. burn. Committee on Small Business and Entrepreneurship: Feb- February 26, Subcommittee on Transportation, Hous- ruary 27, to hold hearings to examine the President’s pro- ing and Urban Development, and Related Agencies, on posed budget request for fiscal year 2009 for the Small Federal Railroad Administration and National Railroad Business Administration, 10 a.m., SR–428A. Passenger Corporation (AMTRAK), 10 a.m., 2358–A Committee on Veterans’ Affairs: February 27, to hold Rayburn. hearings to review veterans’ disability compensation, fo- February 27, Subcommittee on Agriculture, Rural De- cusing on expert work on post-traumatic stress disorder velopment, Food and Drug Administration, and Related and other issues, 9:30 a.m., SH–216. Agencies, on Drug Safety, 10 a.m., 2362–A Rayburn. Select Committee on Intelligence: February 26, to hold February 27, Subcommittee on Commerce, Justice, closed hearings to examine certain intelligence matters, Science, and Related Agencies, on National Science 2:30 p.m., SH–219. Board/National Science Foundation, 9:30 a.m., H–309 February 27, Full Committee, closed business meeting Rayburn. to consider pending calendar business, 2:30 p.m., February 27, Subcommittee on Defense, on Ship- SH–219. building, 10 a.m., H–140 Capitol. February 28, Full Committee, to hold closed hearings February 27, Subcommittee on Energy and Water De- to examine certain intelligence matters, 2:30 p.m., velopment, and Related Agencies, on Bureau of Reclama- SH–219. tion Commission, 10 a.m., 2362–B Rayburn. Special Committee on Aging: February 27, to hold hear- February 27, Subcommittee on Financial Services and ings to examine issues relative to surgeons, focusing on General Government, on Election Administration, 10 conflicts and consultant payments in the medical device a.m., 2359 Rayburn. industry, 10:30 a.m., SD–628. February 27, Subcommittee on Interior, Environment and Related Agencies, on Bureau of Land Management, House Committees 10 a.m., B–308 Rayburn. Committee on Agriculture, February 27, to consider Budg- February 27, Subcommittee on Labor, Health and et Views and Estimates for Fiscal Year 2009 for submis- Human Services, Education and Related Agencies, on De- sion to the Committee on the Budget, 12 p.m., 1300 partment of Health and Human Services, 10 a.m., Longworth. 2358–C Rayburn. Committee on Appropriations, February 26, Subcommittee February 27, Subcommittee on Military Construction, on Commerce, Justice, Science, and Related Agencies, on Veterans Affairs, and Related Agencies, on Office of In- Office of Science and Technology Policy, 10 a.m., and on spector General, 1:30 p.m., H–143 Capitol.

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February 27, Subcommittee on State, Foreign Oper- from the Department of the Army, 10 a.m., 2118 Ray- ations, and Related Agencies, on Fiscal Year 2009 Budg- burn. et, U.S. Agency for International Development, 10 a.m., February 28, Subcommittee on Readiness, hearing on 2358–A Rayburn. the Fiscal Year 2009 National Defense Authorization February 28, Subcommittee on Agriculture, Rural De- Budget Request on military construction, 1 p.m., 2118 velopment, Food and Drug Administration, and Related Rayburn. Agencies, on Inspector General, 10 a.m., 2362–A Ray- Committee on the Budget, February 27, hearing on De- burn. partment of Defense Fiscal Year 2009 Budget, 10 a.m., February 28, Subcommittee on Defense, on Defense and a hearing on Department of Health and Human Serv- Health Program, 10 a.m., and on National Guard and ices Fiscal Year 2009 Budget, 2 p.m., 210 Cannon. Reserve Issues, 1:30 p.m., H–140 Capitol. February 28, hearing on Members’ Day, 10 a.m., 210 February 28, Subcommittee on Energy and Water De- Cannon. velopment, and Related Agencies, on Department of En- Committee on Education and Labor, February 26, Sub- ergy, 9 a.m., 2362–B Rayburn. committee on Health, Employment, Labor and Pensions, February 28, Subcommittee on Financial Services and hearing on H.R. 2703, Private Security Officer Employ- General Government, on Consumer Protection in Finan- ment Authorization Act of 2007, 10:30 a.m., 2175 Ray- cial Services, 10 a.m., 2220 Rayburn. burn. February 28, Subcommittee on Homeland Security, on Committee on Energy and Commerce, February 26, Sub- Improving the Efficiency of the Aviation Security Sys- committee on Health, hearing entitled ‘‘Covering Unin- tem—TSA, GAO, American Airlines, and Washington sured Kids: Reversing Progress Already Made,’’ 9:30 Metropolitan Airport Authority, 10 a.m., 2359 Rayburn. a.m., 2123 Rayburn. February 28, Subcommittee on Interior, Environment, February 26, Subcommittee on Oversight and Inves- and Related Agencies, on U.S. Fish and Wildlife Service- tigations, hearing entitled ‘‘Contaminated Food: Private and U.S. Geological Survey, 10 a.m., B–308 Rayburn. Sector Accountability,’’ 10 a.m., 2322 Rayburn. February 28, Subcommittee on Labor, Health and February 27, Subcommittee on Commerce, Trade, and Human Services, Education and Related Agencies, on Re- Consumer Protection, entitled ‘‘Drugs in Sports: Compro- ducing the Disability Backlog at the Social Security Ad- mising the Health of Athletes and Undermining the In- ministration/Fiscal Year 2009 Budget Overview, 10 a.m., tegrity of Competition,’’ 9:30 a.m., 2123 Rayburn. 2358–C Rayburn. February 27, Subcommittee on Telecommunications February 28, Subcommittee on State, Foreign Oper- and the Internet, hearing on Wireless Consumer Protec- ations, and Related Programs, on Fiscal Year 2009 Budg- tion and Community Broadband Empowerment, 10 a.m., et-State Operations, Embassy Baghdad, 10 a.m., B–318 2322 Rayburn. February 28, full Committee, hearing entitled ‘‘A Re- Rayburn. view of the Department of Health and Human Services February 28, Subcommittee on Transportation, Hous- Fiscal Year 2009 Budget,’’ 9:30 a.m., 2123 Rayburn. ing and Urban Development, and Related Agencies, on February 28, Subcommittee on Energy and Air Qual- Housing Needs of Special Populations (Elderly; Disabled; ity, hearing entitled ‘‘Climate Change: Competitiveness Homeless; HOPWA), 10 a.m., 2358–A Rayburn. Concerns and Prospects for Engaging Developing Coun- Committee on Armed Services, February 26, Subcommittee tries,’’ 1 p.m., 2322 Rayburn. on Military Personnel, hearing on the Fiscal Year 2009 February 28, Subcommittee on Environment and Haz- National Defense Authorization Budget Request on Over- ardous Materials, hearing on S. 742, Ban Asbestos in view of Recruiting, Retention and Compensation, 10 America Act of 2007 and on other proposals to Ban As- a.m., 2212 Rayburn. bestos in Products, 1:30 p.m., 2123 Rayburn. February 26, Subcommittee on Oversight and Inves- Committee on Financial Services, February 26 and 27, tigations, and the Subcommittee on Terrorism, Uncon- hearings on Monetary Policy and the State of the Econ- ventional Threats and Capabilities, joint hearing on Irreg- omy, 10 a.m., 2128 Rayburn. ular Warfare and Stability Operations: Approaches to Committee on Foreign Affairs, February 26, Sub- Interagency Integration, 2 p.m., 2118 Rayburn. committee on International Organizations, Human Rights February 27, full Committee, hearing on Fiscal Year and Oversight and the Subcommittee on Middle East and 2009 National Defense Authorization Budget Request South Asia, joint briefing on Iraqi Refugees: Can the U.S. from the Department of the Air Force, 10 a.m., 2118 Do More to Help? 1 p.m., 2255 Rayburn. Rayburn. February 27, full Committee, to mark the following February 27, Subcommittee on Seapower and Expedi- measures: Global HIV/AIDS, Tuberculosis and Malaria tionary Forces, hearing on Fiscal Year 2009 National De- Reauthorization Act of 2008; H. Res. 185, Expressing fense Authorization Budget Request overview for the the sense of the House of Representatives regarding the United States Marine Corps, 3 p.m., 2212 Rayburn. creation of refugee populations in the Middle East, North February 27, Subcommittee on Strategic Forces, hear- Africa, and the Persian Gulf region as a result of human ing on U.S. Strategic Posture/Fiscal Year 2009 Budget rights violations; H. Res. 854, Expressing the gratitude Request for Strategic Programs, 2 p.m., 2118 Rayburn. to all member states of the International Commission of February 28, full Committee, hearing on Fiscal Year the International Tracing Service (ITS) on ratifying the 2009 National Defense Authorization Budget Request May 2006 Agreement to amend the 1955 Bonn Accords

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granting open access to vast Holocaust and other World February 26, Subcommittee on the Constitution, Civil War II related archives located in Bad Arolsen, Germany; Rights, and Civil Liberties, to consider a resolution au- H. Res. 865, Expressing the sense of the House of Rep- thorizing the Chairman of the Committee to issue a sub- resentatives that the March 2007 report of the United poena to J. Kenneth Blackwell for testimony and related Nationals Office on Drugs and Crime and the Inter- documents at a hearing before the Subcommittee regard- national Bank for Reconstruction and Development ing voter suppression; followed by an oversight hearing makes an important contribution to the understanding of on Voter Suppression, 9:25 a.m., 2141 Rayburn. the high levels of crime and violence in the Caribbean, February 26, Subcommittee on Crime, Terrorism, and and that the United States should work with Caribbean Homeland Security, hearing on Cracked Justice—Ad- countries to address crime and violence in the region; H. dressing the Unfairness in Cocaine Sentencing, 2 p.m., Con. Res. 154, Expressing the sense of Congress that the 2237 Rayburn. fatal radiation poisoning of Russian dissident and writer February 26, Subcommittee on Immigration, Citizen- Alexandria Litvinenko raises significant concerns about ship, Refugees, Border Security, and International Law, to the potential involvement of elements of the Russian meet to request Department of Homeland Security De- Government in Mr. Litvinenko’s death and about the se- partmental Reports on the beneficiaries of private relief curity and proliferation of radioactive materials; H. Con. measures, 11 a.m., 2237 Rayburn. Res. 255, Expressing the sense of Congress regarding the February 27, Subcommittee on Courts, the Internet, United States commitment to preservation of religious and Intellectual Property, oversight hearing on the U.S. and cultural sites and condemning instances where sites Patent and Trademark Office, 1:30 p.m., 2141 Rayburn. are desecrated; and H. Con. Res. 278, Supporting Tai- Committee on Natural Resources, February 26, Sub- wan’s fourth direct and democratic presidential elections committee on Fisheries, Wildlife and Oceans, oversight in March 2008, 9:30 a.m., 2175 Rayburn. hearing entitled ‘‘The fiscal year 2009 budget request for February 27, Subcommittee on Africa and Global the National Oceanic and Atmospheric Administration Health, hearing on Multidrug Resistant Tuberculosis: As- (NOAA) and the United States Fish and Wildlife Service sessing the U.S. Response to an Emerging Global Threat, (FWS), 2 p.m., 1334 Longworth. 2:30 p.m., 2255 Rayburn. February 26, Subcommittee on National Parks, Forests February 27, Subcommittee on Asia, the Pacific, and and Public Lands, hearing on H.R. 5151, Wild the Global Environment, hearing and briefing on Climate Monongahela Act: A National Legacy for West Virginia’s Change and Vulnerable Societies: A Post-Bali Overview, Special Places, 10 a.m., 1324 Longworth. 2 p.m., 340 Cannon. February 26, Subcommittee on Water and Power, over- February 28, Subcommittee on International Organiza- sight hearing on the Fiscal Year 2009 Budget Requests tions, Human Rights, and Oversight, hearing on Status for the Bureau of Reclamation, the Water Resources Di- of Forces in Agreements and UN Mandates: What Au- vision of the United States Geological Survey, and the thorities and Protections Do They Provide to U.S. Per- Federal Power Marketing Administrations, 2 p.m., 1324 sonnel? 9:30 a.m., 2175 Rayburn. Longworth. Committee on Homeland Security, February 26, hearing on February 27, full Committee, oversight hearing on the the Chemical Facility Anti-Terrorism Act of 2008, 10 Department of Interior’s recently released guidance on a.m., 311 Cannon. taking land into trust for Indian Tribes and its ramifica- February 26, Subcommittee on Intelligence, Informa- tions, 11 a.m., 1324 Longworth. tion Sharing, and Terrorism Risk Assessment, hearing en- February 27, Subcommittee on National Parks, Forests titled ‘‘Homeland Security Intelligence at a Crossroads: and Public Lands, oversight hearing on the Fiscal Year the Office of Intelligence and Analysis’ Vision for 2008,’’ 2009 Budget Requests for the National Park Service, For- 4 p.m., 311 Cannon. est Service and the Bureau of Land Management, 2 p.m., February 27, Subcommittee on Border, Maritime and 1324 Longworth. Global Counterterrorism and the Subcommittee on Man- February 28, Subcommittee on Energy and Mineral agement, Investigations and Oversight, joint hearing enti- Resources, oversight hearing on the proposed Fiscal Year tled ‘‘ Project 28: Lessons Learned and the Future of 2009 Budget for the Minerals Management Service, the SBInet,’’ 10 a.m., 311 Cannon. Bureau of Land Management, Energy and Minerals pro- February 28, full Committee, hearing entitled ‘‘The grams, the Office of Surface Mining Reclamation and En- Cyber Initiative,’’ 10 a.m., 311 Cannon. forcement, the Minerals programs, the Office of Surface Committee on the Judiciary, February 26, Subcommittee Mining Reclamation and Enforcement, the Minerals and on Commercial and Administrative Law, to consider a Geology Program of the Forest Service, and the United resolution authorizing the Chairman to issue a subpoena States Geological Survey, except for the activities and to former Attorney General John Ashcroft for testimony programs of the Water Resources Division, 10 a.m., 1324 and related documents at a hearing before the Sub- Longworth. committee regarding deferred prosecution agreements and February 28, Subcommittee on Fisheries, Wildlife and independent corporate monitors; followed by an oversight Oceans, hearing on the following bills: H.R. 3223, Keep hearing on the Implementation of the U.S. Department Our Waterfronts Working Act of 2007; H.R. 5451, of Justice’s Special Counsel Regulations, 1 p.m., 2141 Coastal Zone Reauthorization Act of 2009; H.R. 5452, Rayburn. Coastal State Renewable Energy Promotion Act of 2008;

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and H.R. 5453, Coastal State Climate Change Planning National Oceanic and Atmospheric Administration’s Fis- Act of 2008, 10 a.m., 1334 Longworth. cal Year 2009 Budget Proposal and GAO’s Report on the February 28, Subcommittee on Insular Affairs, over- Aviation Weather Service, 1 p.m., 2318 Rayburn. sight hearing on the Fiscal Year 2009 budget request for February 26, Subcommittee on Science and Education, the Department of Interior’s Office of Insular Affairs, 1 oversight hearing on the NSF, 10 a.m., 2318 Rayburn. p.m., 1324 Longworth. February 27, full Committee, to markup the following Committee on Oversight and Government Reform, February bills: H.R. 3916, To provide for the next generation of 26, hearing on Electronic Records Preservation at the border and maritime security technologies; H.R. 4847, White House; followed by consideration of the following: U.S. Fire Administration Reauthorization Act of 2008; Committee Budget Views and Estimates for Fiscal Year and H.R. 5161, Green Transportation Infrastructure Re- 2009 for submission to the Committee on the Budget; H. search and Technology Transfer Act, 10 a.m., 2318 Ray- Con. Res. 286, Expressing the sense of Congress that Earl burn. Lloyd should be recognized and honored for breaking the Committee on Small Business, February 26, hearing enti- color barrier and becoming the first African American to tled ‘‘State Strategies to Expand Health Insurance Cov- play in the National Basketball Association League 58 erage for Small Businesses,’’ 10 a.m., 2360 Rayburn. years ago; H. Con. Res. 292, Honoring Margaret Truman February 26, Subcommittee on Contracting and Tech- Daniel and her lifetime of accomplishments; H. Res. 537, nology, hearing entitled ‘‘Plain Language in Paperwork— Expressing support for the designation and goals of Na- The Benefits to Small Business,’’ 2 p.m., 2360 Rayburn. tional 9–1–1 Educational Month, and for other purposes; February 27, full Committee, to consider Committee H.R. 3196, To designate the facility of the United States Budget Views and Estimates for Fiscal Year 2009 for Postal Service located at 20 Sussex Street in Port Jervis, submission to the Committee on the Budget, 10 a.m., New York, as the ‘‘E. Arthur Gray Post Office Building’’; 2360 Rayburn. H.R. 4166, To designate the facility of the United States February 28, full Committee, hearing entitled ‘‘Im- Postal Service located at 701 East Copeland Drive in Leb- proving the Paperwork Reduction Act for Small Busi- anon, Missouri, as the ‘‘Steve W. Allee Carrier Annex’’; nesses,’’ 10 a.m., 2360 Rayburn. H.R. 4774, To designate the facility of the United States Committee on Transportation and Infrastructure, February Postal Service located at 10250 John Saunders Road in 26, Subcommittee on Coast Guard and Maritime Trans- San Antonio, Texas, as the ‘‘Cyndi Taylor Krier Post Of- portation, hearing on Fiscal Year 2009 Budget: Coast fice Building’’; H.R. 5168, To designate the facility of Guard, Federal Maritime Commission and Maritime Ad- the United States Postal Service located at 19101 Cortez ministration, 10 a.m., 2167 Rayburn. Boulevard in Brooksville, Florida, as the ‘‘Cody Crater Committee on Veterans’ Affairs, February 26, Sub- Post Office Building’’; H.R. 5220, To designate the facil- committee on Disability Assistance and Memorial Affairs, ity of the United States Postal Service located at 3800 SW. 185th Avenue in Beaverton, Oregon, as the ‘‘Major hearing on Revising the VA Schedule of Rating Disabil- Arthur Chin Post Office Building’’; and H.R. 5400, to ities, 2 p.m., 334 Cannon. designate the facility of the United States Postal Service February 27, Subcommittee on Health, hearing on VA located at 160 East Washington Street in Chagrin Falls, Construction Authorization, 10 a.m., 334 Cannon. Ohio, as the ‘‘Sgt. Michael M. Kashkoush Post Office February 28, Subcommittee on Economic Opportunity, Building,’’ 10 a.m., 2154 Rayburn. hearing on Subprime Mortgage Crisis and America’s Vet- February 27, Subcommittee on Government Manage- erans, 1 p.m., 334 Cannon. ment, Organization and Procurement, hearing on Con- February 28, Subcommittee on Health, hearing on tracting Reform: Expert Recommendations and pending Mental Health Treatment for Families: Supporting Those measures, 10 a.m., 2154 Rayburn. Who Support our Veterans, 10 a.m,. 334 Cannon. February 27, Subcommittee on National Security and Committee on Ways and Means, February 27, Sub- Foreign Affairs, hearing on One Year After Walter Reed: committee on Income Security and Family Support, hear- An Independent Assessment of the Care, Support, and ing on Improving the Child Welfare System, 10 a.m., Disability Evaluation for Wounded Soldiers, 2 p.m., 2154 B–318 Rayburn. Rayburn. February 28, Subcommittee on Health, hearing on February 28, full Committee, to continue hearings on Medicare Advantage, 10 a.m., 1100 Longworth. Executive Compensation II: CEO Pay and the Mortgage Permanent Select Committee on Intelligence, February 26, Crisis, 10 a.m., 2145 Rayburn. executive, briefing on Cyber Initiative, 11 a.m., H–405 February 28, Subcommittee on Federal Workforce, Capitol. Postal Service, and the District of Columbia, to consider February 27, Subcommittee on Intelligence Commu- pending business, and to hold a hearing on the Imple- nity Management, hearing on Security Clearances, 9:30 mentation of the Postal Accountability Enhancement Act a.m., 340 Cannon. of 2006, 2 p.m., 2237 Rayburn. February 27, Subcommittee on Terrorism, Human In- Committee on Rules, February 26, to consider H.R. 5351, telligence, Analysis and Counterintelligence, executive, Renewable Energy and Energy Conservation Tax Act of briefing on Hot Spots, 8:45 a.m., H–405 Capitol. 2008, 4 p.m., H–313 capitol. February 28, full Committee, executive, briefing on Committee on Science and Technology, February 26, Sub- FISA, 12:30 p.m., and, executive, meeting on FY 09 committee on Energy and Environment, hearing on the Budget, 2 p.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, February 26 10:30 a.m., Tuesday, February 26

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of H.R. 3521— ation of S. 1200, Indian Health Care Improvement Act Public Housing Asset Management Improvement Act of Amendments, and vote on the pending amendments and 2007 (Subject to a Rule). on passage of the bill; following which, there will be a period of morning business. (Senate will recess from 12:30 p.m. until 2:30 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Fox, Virginia, N.C., E222 Ortiz, Solomon P., Tex., E232 Graves, Sam, Mo., E219, E226, E232 Radanovich, George, Calif., E224 Akin, W. Todd, Mo., E228 Hensarling, Jeb, Tex., E223 Rangel, Charles B., N.Y., E229, E231 Bachmann, Michele, Minn., E231 Hodes, Paul W., N.H., E221 Rehberg, Dennis R., Mont., E227 Bachus, Spencer, Ala., E233 Hoyer, Steny H., Md., E228 Ross, Mike, Ark., E222 Bordallo, Madeleine Z., Guam, E220 Jones, Stephanie Tubbs, Ohio, E220 Boyda, Nancy E., Kans., E221 Kanjorski, Paul E., Pa., E225 Ruppersberger, C.A. Dutch, Md., E221 Brown-Waite, Ginny, Fla., E223, E226 Lee, Barbara, Calif., E219 Schakowsky, Janice D., Ill., E222, E225 Castle, Michael N., Del., E230 McGovern, James P., Mass., E229, E231 Schiff, Adam B., Calif., E219 Cohen, Steve, Tenn., E227 Meek, Kendrick B., Fla., E231 Simpson, Michael K., Idaho, E223 Cramer, Robert E. (Bud), Jr., Ala., E233 Mitchell, Harry E., Ariz., E219, E221, E226 Smith, Adrian, Nebr., E227 Cummings, Elijah E., Md., E229 Moran, Jerry, Kans., E228 Tancredo, Thomas G., Colo., E219 DeLauro, Rosa L., Conn., E229 Murphy, Patrick J., Pa., E222 Udall, Tom, N.M., E225 Diaz-Balart, Mario, Fla., E231 Myrick, Sue Wilkins, N.C., E223 Van Hollen, Chris, Md., E220 Ellison, Kieth, Minn., E228 Neugebauer, Randy, Tex., E227, E230, E232 Westmoreland, Lynn A., Mac, Ga., E224 Engel, Eliot L., N.Y., E225, E226 Norton, Eleanor Holmes, D.C., E220, E225

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