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, MARCH 31, 2008 No. 49 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE Athletic Director and Head Football called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the Coach, Erik Whitworth; his Assistant pore (Mrs. JONES of Ohio). gentleman from Utah (Mr. BISHOP) Coaches, Sidney Sharp, David Conti, f come forward and lead the House in the Eugene Neal, B.B. Chubb, and Shawn Self, as well as the entire Tiger foot- DESIGNATION OF THE SPEAKER Pledge of Allegiance. ball team on a great season. Four of PRO TEMPORE Mr. BISHOP of Utah led the Pledge of Allegiance as follows: the team members, Patrick Bryant, The SPEAKER pro tempore laid be- Andy Sugg, Timothy Simmons, and fore the House the following commu- I pledge allegiance to the Flag of the United States of America, and to the Repub- Andrew Henderson were all selected as nication from the Speaker: lic for which it stands, one nation under God, members of the All American Deaf WASHINGTON, DC, indivisible, with liberty and justice for all. Football Team. March 31, 2008. f Madam Speaker, all of these athletes I hereby appoint the Honorable STEPHANIE have brought much pride to Georgia, to TUBBS JONES to act as Speaker pro tempore MESSAGE FROM THE SENATE on this day. the School for the Deaf, and the entire NANCY PELOSI, A message from the Senate by Ms. State, and I ask you to join me in cele- Speaker of the House of Representatives. Curtis, one of its clerks, announced brating their accomplishment. f that the Senate has agreed to a concur- rent resolution of the following title in f PRAYER which the concurrence of the House is The Chaplain, the Reverend Daniel P. requested: ANNOUNCEMENT BY THE SPEAKER Coughlin, offered the following prayer: S. Con. Res. 70. Concurrent Resolution set- PRO TEMPORE God ever faithful to Your promises, ting forth the congressional budget for the You invite us as a Nation to place our United States government for fiscal year 2009 The SPEAKER pro tempore. Pursu- trust in You. Be present to all the and including the appropriate budgetary lev- ant to clause 8 of rule XX, the Chair Members of the House of Representa- els for fiscal years 2008 and 2010 through 2013. will postpone further proceedings tives as they gather for the spring ses- f today on motions to suspend the rules sion of the 110th Congress of the United GEORGIA SCHOOL FOR THE DEAF on which a recorded vote or the yeas States of America. FOOTBALL TEAM and nays are ordered, or on which the Spring blossoms, baseball, fair vote is objected to under clause 6 of weather, and many more young visi- (Mr. GINGREY asked and was given rule XX. tors are signs of new life in the Na- permission to address the House for 1 minute and to revise and extend his re- Record votes on postponed questions tion’s Capital. They bring surprising will be taken after 6:30 p.m. today. goodness and renewed energy; and we marks.) are grateful. May the work of this Con- Mr. GINGREY. Madam Speaker, I f gress protect and guide this Nation as rise today to congratulate the Georgia it grows in stability, in integrity, and School for the Deaf’s football team on greatness. winning the 2007 National Eight-Man GULF OF THE FARALLONES AND Lord, we truly believe that by Your Deaf Prep Football Championship. It’s CORDELL BANK NATIONAL MA- Word, You can breathe forth promise, located in the heart of Cave Spring, RINE SANCTUARIES BOUNDARY and that the barren wood can bear fruit Georgia, Floyd County, in my 11th Dis- MODIFICATION AND PROTECTION that will last now and forever. trict. The school has now won three na- ACT tional football titles since it was estab- Amen. Mr. KENNEDY. Mr. Speaker, I move lished in 1846, almost 160 years ago. f to suspend the rules and pass the bill This year’s team finished the season (H.R. 1187) to expand the boundaries of THE JOURNAL with an outstanding 7 and 1 record, and the Gulf of the Farallones National The SPEAKER pro tempore. The they defeated schools from six other Marine Sanctuary and the Cordell Chair has examined the Journal of the States. Bank National Marine Sanctuary, as last day’s proceedings and announces Madam Speaker, the Tigers exhibited amended. to the House her approval thereof. dedication, teamwork, and persever- Pursuant to clause 1, rule I, the Jour- ance all season long, and it certainly The Clerk read the title of the bill. nal stands approved. paid off. I want to congratulate their The text of the bill is as follows:

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.

H1775

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VerDate Aug 31 2005 03:59 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.000 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1776 CONGRESSIONAL RECORD — HOUSE March 31, 2008 H.R. 1187 ganisms in controlled or selected aquatic envi- Bodega Head. The boundary then turns south- Be it enacted by the Senate and House of Rep- ronments for any commercial, recreational, or eastward and continues approximately 34 nau- resentatives of the United States of America in public purpose. tical miles to 37.76687 degrees north, 123.75142 Congress assembled, (2) CORDELL BANK NMS.—The term ‘‘Cordell degrees west, and then approximately 15 nm Bank NMS’’ means the Cordell Bank National eastward to 37.76687 north, 123.42694 west at an SECTION 1. SHORT TITLE. Marine Sanctuary. intersection with the current Cordell Bank NMS This Act may be cited as the ‘‘Gulf of the (3) FARALLONES NMS.—The term ‘‘Farallones boundary. The boundary then follows the cur- Farallones and Cordell Bank National Marine NMS’’ means the Gulf of the Farallones Na- rent Cordell Bank NMS, which is coterminous Sanctuaries Boundary Modification and Protec- tional Marine Sanctuary. with the current Gulf of the Farallones bound- tion Act’’. (4) SANCTUARIES.—The term ‘‘Sanctuaries’’ ary, in a northeasterly and the northwesterly SEC. 2. FINDINGS. means the Gulf of the Farallones National Ma- direction to its commencement point at 38.26500 The Congress finds the following: rine Sanctuary and the Cordell Bank National degrees north, 123.18166 degrees west. Coordi- (1) The Gulf of the Farallones extends ap- Marine Sanctuary, as expanded by section 5. nates listed in this subparagraph are based on proximately 100 miles along the coast of Marin (5) SECRETARY.—The term ‘‘Secretary’’ means NAD83 Datum and the geographic projection. and Sonoma counties of northern California. It the Secretary of Commerce. (c) INCLUSION IN THE SYSTEM.—The areas in- includes approximately one-half of California’s SEC. 5. NATIONAL MARINE SANCTUARY BOUND- cluded in the Sanctuaries under subsections (a) nesting seabirds, rich benthic marine life on ARY ADJUSTMENTS. and (b) shall be managed as part of the Na- hard-rock substrate, prolific fisheries, and sub- (a) GULF OF THE FARALLONES.— tional Marine Sanctuary System, established by stantial concentrations of resident and season- (1) BOUNDARY ADJUSTMENT.—The areas de- section 301(c) of the National Marine Sanc- ally migratory marine mammals. scribed in paragraph (2) are added to the exist- tuaries Act (16 U.S.C. 1431(c)), in accordance (2) Cordell Bank is adjacent to the Gulf of the ing Gulf of the Farallones National Marine with that Act. Farallones and is a submerged island with spec- Sanctuary described in part 922.80 of title 15, (d) UPDATED NOAA CHARTS.—The Secretary tacular, unique, and nationally significant ma- Code of Federal Regulations. shall— rine environments. (2) AREAS INCLUDED.— (1) produce updated National Oceanic and At- (3) These marine environments have national (A) IN GENERAL.—The areas referred to in mospheric Administration nautical charts for and international significance, exceed the bio- paragraph (1) consist of the following: the areas in which the Sanctuaries are located; logical productivity of tropical rain forests, and (i) All submerged lands and waters, including and support high levels of biological diversity. living marine and other resources within and on (2) include on those nautical charts the boundaries of the Sanctuaries, as revised by this (4) These biological communities are easily those lands and waters, from the mean high Act. susceptible to damage from human activities, water line to the boundary described in sub- (e) BOUNDARY ADJUSTMENTS.—In producing and must be properly conserved for themselves paragraph (B). (ii) The submerged lands and waters, includ- revised nautical charts as directed by subsection and to protect the economic viability of their (d) and in describing the boundaries in regula- contribution to national and regional econo- ing living marine and other resources within those waters, within the approximately two- tions issued by the Secretary, the Secretary may mies. make technical modifications to the boundaries (5) The Gulf of Farallones and Cordell Bank square-nautical-mile portion of the Cordell Bank NMS (as in effect immediately before the described in this section for clarity and ease of include some of the Nation’s richest fishing identification, as appropriate. grounds, supporting important commercial and enactment of this Act) that is located south of the area that is added to Cordell Bank NMS by SEC. 6. PROHIBITION OF OIL AND GAS LEASING recreational fisheries. These fisheries are regu- AND PERMITTING. subsection (b)(2), which are transferred to the lated by State and Federal fishery agencies and No lease or permit may be issued that author- Farallones NMS from the Cordell Bank NMS. are supported and fostered through protection izes exploration, development, production, or (B) BOUNDARY DESCRIBED.—The boundary re- of the waters and habitats of Gulf of the transporting by pipeline of minerals or hydro- ferred to in subparagraph (A)(i) commences from Farallones National Marine Sanctuary and carbons within the Sanctuaries. Cordell Bank National Marine Sanctuary. the mean high water line (MHWL) at 39.00000 degrees north in a westward direction approxi- SEC. 7. MANAGEMENT PLANS AND REGULATIONS. (6) The report of the Commission on Ocean (a) INTERIM PLAN.—The Secretary shall com- mately 29 nautical miles (nm) to 39.00000 north, Policy established by Public Law 106–256 calls plete an interim supplemental management plan 124.33333 west. The boundary then extends in a for comprehensive protection for the most pro- for the Sanctuaries by not later than 24 months southeasterly direction to 38.30000 degrees ductive ocean environments and recommends after the date of enactment of this Act, that fo- north, 124.00000 degrees west, approximately 44 that they be managed as ecosystems. cuses on management in the areas added to the nm westward of Bodega Head. The boundary (7) New scientific discoveries by the National Sanctuaries under this Act. The Secretary shall then extends eastward to the most northeastern Marine Sanctuary Program support comprehen- ensure that the supplemental plan does not corner of the expanded Cordell Bank NMS at sive protection for these marine environments by weaken existing resource protections. broadening the geographic scope of the existing 38.30000 north, 123.20000 degrees west, approxi- (b) REVISED PLANS.—The Secretary shall issue Gulf of the Farallones National Marine Sanc- mately 6 nm miles westward of Bodega Head. a revised comprehensive management plan for tuary and the Cordell Bank National Marine The boundary then extends in a southeasterly the Sanctuaries during the first management re- Sanctuary. direction to 38.26500 degrees north, 123.18166 de- view initiated after the date of the enactment of (8) Cordell Bank is at the nexus of an ocean grees west at the northwestern most point of the this Act under section 304(e) of the National upwelling system, which produces the highest current Gulf of the Farallones Boundary. The Marine Sanctuaries Act (16 U.S.C. 1434(e)) for biomass concentrations on the west coast of the boundary then follows the current northern the Sanctuaries, and issue such final regula- United States. Gulf of the Farallones NMS boundary in a tions as may be necessary. northeasterly direction to the MHWL near SEC. 3. POLICY AND PURPOSE. (c) APPLICATION OF EXISTING REGULATIONS.— Bodega Head. The boundary then follows the (a) POLICY.—It is the policy of the United The regulations for the Gulf of the Farallones MHWL in a northeasterly direction to the com- States in this Act to protect and preserve living National Marine Sanctuary (15 C.F.R. 922, sub- mencement point at the intersection of the and other resources of the Gulf of the part H) and the Cordell Bank National Marine MHWL and 39.00000 north. Coordinates listed in Farallones and Cordell Bank marine environ- Sanctuary (15 C.F.R. 922, subpart K), including this subparagraph are based on the North Amer- ments. any changes made as a result of a joint manage- ican Datum 1983 and the geographic projection. ment plan review for the Sanctuaries conducted (b) PURPOSE.—The purposes of this Act are (b) CORDELL BANK.— the following: pursuant to section 304(e) of the National Ma- (1) BOUNDARY ADJUSTMENT.—The area de- (1) To extend the boundaries of the Gulf of the rine Sanctuaries Act (16 U.S.C. 1434(e)), shall scribed in paragraph (2) is added to the existing apply to the areas added to each Sanctuary, re- Farallones National Marine Sanctuary and the Cordell Bank National Marine Sanctuary de- spectively, under section 5 until the Secretary Cordell Bank National Marine Sanctuary to the scribed in part 922.80 of title 15, Code of Federal modifies such regulations in accordance with areas described in section 5. Regulations. subsection (d) of this section. (2) To strengthen the protections that apply in (2) AREA INCLUDED.— (d) REVISED REGULATIONS.— the Sanctuaries. (A) IN GENERAL.—The area referred to in (1) IN GENERAL.—The Secretary shall carry (3) To educate and interpret for the public the paragraph (1) consists of all submerged lands out an assessment of necessary revisions to the ecological value and national importance of and waters, including living marine and other regulations for the Sanctuaries in a manner those marine environments. resources within those waters, within the that ensures the protection of the resources of (4) To manage human uses of the Sanctuaries boundary described in subparagraph (B). the Sanctuaries consistent with the purposes under this Act and the National Marine Sanc- (B) BOUNDARY.—The boundary referred to in and policies of the National Marine Sanctuaries tuaries Act (16 U.S.C. 1431 et seq.). subparagraph (A) commences at the most north- Act and the goals and objectives for the new (c) EFFECT ON FISHING ACTIVITIES.—Nothing eastern point of the current Cordell Bank NMS areas added to each sanctuary under section 5 in this Act is intended to alter any existing au- boundary at 38.26500 degrees north, 123.18166 of this Act. The assessment and any cor- thorities regarding the conduct and location of degrees west and extends northwestward to responding regulatory changes shall be complete fishing activities in the Sanctuaries. 38.30000 degrees north, 123.20000 degrees west, within 24 months of the date of enactment of SEC. 4. DEFINITIONS. approximately 6 nautical miles (nm) west of this Act. In this Act: Bodega Head. The boundary then extends west- (2) REGULATION OF SPECIFIC ACTIVITIES.—In (1) MARICULTURE.—The term ‘‘mariculture’’ ward to 38.30000 degrees north, 124.00000 degrees revising the regulations for the Sanctuaries pur- means the propagation or rearing of aquatic or- west, approximately 44 nautical miles west of suant to this subsection, the Secretary shall

VerDate Aug 31 2005 04:01 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 6333 E:\CR\FM\A31MR7.009 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1777 consider appropriate regulations for the fol- (1) $3,000,000 to carry out this Act for each of fected by this legislation, will not have lowing activities: fiscal years 2009 through 2013, other than for the opportunity to comment on this (A) The deposit or release of introduced spe- construction and acquisition projects; and expansion in the normal statutory pub- cies. (2) $3,500,000 for fiscal year 2009 and such lic comment process. (B) The alteration of stream and river drain- sums as may be necessary for each of fiscal age into the Sanctuaries. years 2010 through 2013 for construction and ac- Again, I reluctantly oppose this leg- (C) Mariculture operations in the Sanctuaries. quisition projects related to the Sanctuaries. islation. (3) CONSIDERATIONS.—In revising the regula- I reserve the balance of my time. The SPEAKER pro tempore. Pursu- tions for the Sanctuaries pursuant to this sub- Mr. KENNEDY. Well, I think that we ant to the rule, the gentleman from section, the Secretary shall consider exempting should hear really from the person Rhode Island (Mr. KENNEDY) and the from further regulation under the National Ma- most knowledgeable about this legisla- gentleman from Utah (Mr. BISHOP) rine Sanctuaries Act and this Act discharges tion, the author of this, Representative that are permitted under a National Pollution each will control 20 minutes. WOOLSEY, to whom I now yield the bal- Discharge Elimination System permit in effect The Chair recognizes the gentleman ance of our time. on the date of enactment of this Act, or under from Rhode Island. a new or renewed National Pollution Discharge Ms. WOOLSEY. Thank you, Mr. GENERAL LEAVE Elimination System permit that does not in- Chairman and Mr. Ranking Member. crease pollution in the Sanctuaries and that Mr. KENNEDY. Madam Speaker, I I would like to respond quickly to originates— ask unanimous consent that all Mem- the ‘‘no public review.’’ This bill has (A) in the Russian River Watershed outside bers have 5 legislative days to revise been subject to over 3 years of public the boundaries of the Gulf of the Farallones Na- and extend their remarks and include review. It first faced public scrutiny at tional Marine Sanctuary; or extraneous material on the bill under a public hearing that I hosted in Au- (B) from the Bodega Marine Laboratory. consideration. (e) CONTENTS OF PLANS.—Revisions to each gust of 2004, in Sonoma County, was at- comprehensive management plan under this sec- The SPEAKER pro tempore. Is there tended by the Director of the Marine tion shall, in addition to matters required under objection to the request of the gen- Sanctuary Program, marine scientists, section 304(a)(2) of the Marine Protection, Re- tleman from Rhode Island? fishermen, and a standing room-only search, and Sanctuaries Act of 1972 (16 U.S.C. There was no objection. crowd of public who were interested. 1434(A)(2))— Mr. KENNEDY. Madam Speaker, I It has been reviewed and endorsed by (1) facilitate all appropriate public and pri- yield myself such time as I may con- vate uses of the national marine sanctuary to both the Sanctuary Advisory Commit- sume. tees, the bodies who initiate sanctuary which each respective plan applies consistent H.R. 1187, the Gulf of Farallones and with the primary objective of sanctuary resource regulations; the California Coastal protection; Cordell Bank National Marine Sanc- Commission, the State Lands Commis- (2) establish temporal and geographical zon- tuaries Boundary Modification and sion, and the Supervisors of Marin, ing if necessary to ensure protection of sanc- Protection Act was introduced by our Sonoma, San Francisco, and tuary resources; colleague from California (Ms. WOOL- Mendocino Counties, and many, many (3) identify priority needs for research that SEY) and is cosponsored by 51 addi- of our City Councils. All of these meet- will— tional Members. This bill would expand (A) improve management of the Sanctuaries; ings were noticed, all of them were (B) diminish threats to the health of the eco- the Gulf of Farallones and Cordell open to public comment. systems in the Sanctuaries; or Bank National Marine Sanctuaries to The bill also received a hearing be- (C) fulfill both of subparagraphs (A) and (B); protect and preserve an additional 1,739 fore the Oceans Subcommittee, and has (4) establish a long-term ecological monitoring square nautical miles to the marine en- gone through committee and sub- program and database, including the develop- vironment due north and west of the ment and implementation of a resource informa- committee markup. So thank you for existing sanctuaries. These additions bringing that up so I could clarify that, tion system to disseminate information on the would protect virtually the entire Sanctuaries’ ecosystem, history, culture, and Mr. Ranking Member. management; upwelling region, which is critical to Madam Speaker, my district, just (5) identify alternative sources of funding the ecosystem’s productivity, particu- across the Golden Gate Bridge, north of needed to fully implement the plan’s provisions larly the health of many valuable com- San Francisco, includes all of Marin and supplement appropriations under section mercial and recreational fisheries in and most of Sonoma Counties, where 313 of the Marine Protection, Research, and the area. we are blessed with many environ- Sanctuaries Act of 1972 (16 U.S.C. 1444); I ask Members on both sides to sup- (6) ensure coordination and cooperation be- mental treasures. In fact, it is one of port the passage of this important leg- the most beautiful places on earth. I tween sanctuary superintendents and other islation. Federal, State, and local authorities with juris- don’t say that just because I am the diction over areas within or adjacent to the I reserve the balance of my time. Congresswoman from that area. It is Sanctuaries to deal with issues affecting the Mr. BISHOP of Utah. I rise in opposi- beautiful. Sanctuaries, including surface water run-off, tion to this legislation. This legislation One of the reasons for this source of stream and river drainages, and navigation; would double the size of two of the ma- beauty and our great pride is our pris- (7) in the case of revisions to the plan for the rine sanctuaries off the coast of Cali- Farallones NMS, promote cooperation with tine coastline and the Pacific Ocean fornia, adding approximately 1,200 that lies beyond it. An area this unique farmers and ranchers operating in the water- square miles and almost 100 miles of sheds adjacent to the Farallones NMS and es- must be protected by the full power of tablish voluntary best management practices coastline, and with little or absolutely our conservation laws. no public comment. Moreover, this is programs; b 1415 (8) promote cooperative and educational pro- happening at the very same time that grams with fishing vessel operators and crews the management plans for the two That is why I am pleased that H.R. operating in the waters of the Sanctuaries, and, sanctuaries are being reviewed by the 1187, the Gulf of the Farallones and whenever possible, include individuals who en- National Oceanic and Atmospheric Ad- Cordell Bank National Marine Sanc- gage in fishing and their vessels in cooperative ministration, or NOAA. NOAA could tuaries Boundary Modification and research, assessment, and monitoring programs have considered this expansion during Protection Act, is here before us today. and educational programs to promote sustain- able fisheries, conservation of resources, and the ongoing process, but it did not be- H.R. 1187 will expand the boundaries navigational safety; and cause it considered the expansion to be of two existing marine sanctuaries in (9) promote education and public awareness, complicated and something that would order to more fully protect a unique among users of the Sanctuaries, about the need require effort, analysis, and public upwelling system, which is one of only for marine resource conservation and safe navi- input. This legislation ignores the need four in the world. This system provides gation and marine transportation. for public comment on a very com- a nutrient rich environment for fish (f) PUBLIC PARTICIPATION.—The Secretary plicated expansion. and all other types of marine life. shall provide for participation by the general public in the revision of the comprehensive man- The entire intent of this legislation Upwelling is a process where deep, agement plans and relevant regulations under could be accomplished through public cold, nutrient-rich waters rise into this section. process that already exists. But, unfor- warmer waters, bringing with it an SEC. 8. AUTHORIZATION OF APPROPRIATIONS. tunately, Congress can’t wait to hear abundance of food to support a variety There are authorized to be appropriated to the from the people. It is sad that the citi- of marine life. Actually this area is so Secretary— zens of California, who are most af- special and it is so productive that it

VerDate Aug 31 2005 01:34 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.009 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1778 CONGRESSIONAL RECORD — HOUSE March 31, 2008 comprises only 1 percent of the ocean, The question was taken; and (two- (3) FEDERAL ASSETS.—The term ‘‘Federal as- but produces 20 percent of the world’s thirds being in the affirmative) the sets’’ means all relevant nonclassified civilian fish. This in turn supports 36 species of rules were suspended and the bill, as coastal and ocean observations, technologies, marine mammals, including whales, amended, was passed. and related modeling, research, data manage- ment, basic and applied technology research elephant seals, sea lions and other The title was amended so as to read: and development, and public education and out- seals. ‘‘A bill to expand the boundaries of the reach programs, that are managed by member But it is not only marine mammals Gulf of the Farallones National Marine agencies of the Council. who feast on the abundance of fish. The Sanctuary and the Cordell Bank Na- (4) INTERAGENCY WORKING GROUP.—The term waters off the Sonoma and Mendocino tional Marine Sanctuary, and for other ‘‘Interagency Working Group’’ means the Inter- County coasts support fleets of fisher- purposes.’’. agency Working Group on Ocean Observations men. That is why I worked so closely A motion to reconsider was laid on as established by the U.S. Ocean Policy Com- with the Pacific Coast Federation of the table. mittee Subcommittee on Ocean Science and Fishing Associations, the PCFFA, in Technology pursuant to Executive Order 13366 f signed December 17, 2004. carefully crafting this bill. NATIONAL INTEGRATED COASTAL (5) NON-FEDERAL ASSETS.—The term ‘‘non- Fishermen have had a good relation- Federal assets’’ means all relevant coastal and ship with the Gulf of the Farallones AND OCEAN OBSERVATION ACT ocean observations, technologies, related basic and the Cordell Bank National Marine OF 2008 and applied technology research and develop- Sanctuary for over 20 years because Mr. KENNEDY. Mr. Speaker, I move ment, and public education and outreach pro- they respect that good stewardship of to suspend the rules and pass the bill grams that are integrated into the System and our oceans produces better catches. (H.R. 2342) to direct the President to are managed through States, regional organiza- H.R. 1187 will serve to strengthen this establish a National Integrated Coastal tions, universities, nongovernmental organiza- partnership for years and years to tions, or the private sector. and Ocean Observation System, and for (6) REGIONAL INFORMATION COORDINATION EN- come. other purposes, as amended. TITIES.— Madam Speaker, H.R. 1187 is a well The Clerk read the title of the bill. (A) IN GENERAL.—The term ‘‘Regional Infor- thought out, carefully crafted bill that The text of the bill is as follows: mation Coordination Entity’’, subject to sub- brings together diverse stakeholders, H.R. 2342 paragraphs (B) and (C), means an organiza- including the National Oceanic and At- tional body that is certified or established by the Be it enacted by the Senate and House of Rep- lead Federal agency designated in subsection mospheric Administration, NOAA, the resentatives of the United States of America in (d)(3)(C)(iii) and coordinating State, Federal, fishing industry, State and local gov- Congress assembled, local, and private interests at a regional level ernments, conservation groups and ma- SECTION 1. ENHANCING CLIMATE CHANGE PRE- rine scientists, all who agree that these with the responsibility of engaging the private DICTIONS. and public sectors in designing, operating, and proposed sanctuary areas are national (a) SHORT TITLE.—This section may be cited improving regional coastal and ocean observing treasures that absolutely deserve pro- as the ‘‘National Integrated Coastal and Ocean systems in order to ensure the provision of data tection. Observation Act of 2008’’. and information that meet the needs of user As a mother and a grandmother, I (b) PURPOSES.—The purposes of this section groups from the respective regions. want to see these treasures protected are the following: (B) INCLUDED ASSOCIATIONS.—Such term in- for years to come so that my kids, so (1) Establish a National Integrated Coastal cludes Regional Associations as described by the and Ocean Observation System comprised of that my grandkids, and so that their System Plan. Federal and non-Federal components, coordi- (C) LIMITATION.—Nothing in this section shall children and your children and your nated at the national level by the National grandchildren will be able to enjoy the be construed to invalidate existing certifications, Ocean Research Leadership Council and at the contracts, or agreements between Regional Asso- same unspoiled coasts and clean waters regional level by a network of Regional Infor- ciations and other elements of the System. that we enjoy today. mation Coordination Entities, that includes in (7) SYSTEM.—The term ‘‘System’’ means the Madam Speaker, I would like to situ, remote, and other coastal and ocean obser- National Integrated Coastal and Ocean Obser- thank Chairman RAHALL, Ranking vations, technologies, and data management vation System established under subsection (d). Member YOUNG and Chairwoman and communication systems, to gather specific (8) SYSTEM PLAN.—The term ‘‘System Plan’’ coastal and ocean data variables and to ensure BORDALLO for bringing my bill to the means the plan contained in the document enti- floor today. I would like to thank the timely dissemination and availability of usa- tled ‘‘Ocean.US Publication No. 9, The First In- ble observation data— tegrated Ocean Observing System (IOOS) Devel- Chairman KENNEDY and Ranking Mem- (A) to support national defense, marine com- opment Plan’’. ber BISHOP, all who have been part of merce, energy production, scientific research, (d) NATIONAL INTEGRATED COASTAL AND reviewing and bringing H.R. 1187 to the ecosystem-based marine and coastal resource OCEAN OBSERVING SYSTEM.— floor. I thank you all, and I urge my management, weather and marine forecasting, (1) ESTABLISHMENT.—The President, acting colleagues to support it. public safety and public outreach training and through the Council, shall establish a National Mr. BISHOP of Utah. Madam Speak- education; and Integrated Coastal and Ocean Observation Sys- er, it is certainly hopeful that with the (B) to promote greater public awareness and tem to fulfill the purposes set forth in subsection passage of this bill we will have faith stewardship of the Nation’s ocean, coastal, and (b) and the System plan and to fulfill the Na- in NOAA to administer this territory, Great Lakes resources and the general public tion’s international obligations to contribute to welfare. since we obviously with passage of this the global earth observation system of systems (2) Improve the Nation’s capability to meas- and the global ocean observing system. bill don’t trust them to evaluate or ure, track, explain, and predict events related (2) SUPPORT OF PURPOSES.—The head of each make recommendations. directly and indirectly to weather and climate agency that is a member of the Interagency Madam Speaker, I yield back the bal- change, natural climate variability, and inter- Working Group shall support the purposes of ance of my time. actions between the oceanic and atmospheric this section. Mr. KENNEDY. Madam Speaker, we environments, including the Great Lakes. (3) AVAILABILITY OF DATA.—The head of each don’t have any more speakers, but be- (3) Authorize activities to promote basic and Federal agency that has administrative jurisdic- fore closing I want to note that the applied research to develop, test, and deploy in- tion over a Federal asset shall make available chairwoman of the Subcommittee on novations and improvements in coastal and data that are produced by that asset and that Fisheries, Wildlife and Oceans, Chair- ocean observation technologies, modeling sys- are not otherwise restricted for integration, tems, and other scientific and technological ca- management, and dissemination by the System. woman MADELEINE BORDALLO, is pres- pabilities to improve our conceptual under- (4) ENHANCING ADMINISTRATION AND MANAGE- ently en route from Guam and standing of weather and climate, ocean atmos- MENT.—The head of each Federal agency that wouldn’t be able to be here for this, but phere dynamics, global climate change, and has administrative jurisdiction over a Federal she does support passage of this bill. I physical, chemical, and biological dynamics of asset may take appropriate actions to enhance just wanted to make note of that. the ocean and coastal and Great Lakes environ- internal agency administration and manage- Madam Speaker, I yield back the bal- ments. ment to better support, integrate, finance, and ance of my time. (c) DEFINITIONS.—In this section: utilize observation data, products, and services The SPEAKER pro tempore. The (1) COUNCIL.—The term ‘‘Council’’ means the developed under this section to further its own question is on the motion offered by National Ocean Research Leadership Council agency mission and responsibilities. referred to in section 7902 of title 10, United (5) PARTICIPATION IN REGIONAL INFORMATION the gentleman from Rhode Island (Mr. States Code. COORDINATION ENTITY.—The head of each Fed- KENNEDY) that the House suspend the (2) ADMINISTRATOR.—The term ‘‘Adminis- eral agency that has administrative jurisdiction rules and pass the bill, H.R. 1187, as trator’’ means the Administrator of the National over a Federal asset may participate in regional amended. Oceanic and Atmospheric Administration. information coordination entity activities.

VerDate Aug 31 2005 01:34 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 6333 E:\CR\FM\K31MR7.005 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1779

(6) NON-FEDERAL ASSETS.—Non-Federal assets (H) report annually to the Council through (iii) MEETINGS.—The System Advisory Com- shall be coordinated by the Interagency Work- the Interagency Working Group on the accom- mittee shall meet at least once each year, and at ing Group or by Regional Information Coordi- plishments, operational needs, and performance other times at the call of the Administrator, the nation Entities. of the System to achieve the purposes of this Interagency Working Group, or the chairperson. (e) POLICY OVERSIGHT, ADMINISTRATION, AND title and the System Plan. (iv) COMPENSATION AND EXPENSES.—Members REGIONAL COORDINATION.— (4) REGIONAL INFORMATION COORDINATION EN- of the System Advisory Committee shall not be (1) NATIONAL OCEAN RESEARCH LEADERSHIP TITY.—To be certified or established under para- compensated for service on that Committee, but COUNCIL.—The National Ocean Research Lead- graph (3)(D), a Regional Information Coordina- may be allowed travel expenses, including per ership Council shall be responsible for estab- tion Entity must be certified or established by diem in lieu of subsistence, in accordance with lishing broad coordination and long-term oper- contract or agreement by the Administrator, and subchapter I of chapter 57 of title 5, United ations plans, policies, protocols, and standards must agree to— States Code. for the System consistent with the policies, (A) gather required System observation data (v) EXPIRATION.—Section 14 of the Federal goals, and objectives contained in the System and other requirements specified under this sec- Advisory Committee Act (5 U.S.C. App.) shall Plan, and coordination of the System with other tion and the System plan; not apply to the System Advisory Committee. earth observing activities. (B) identify gaps in observation coverage or (6) CIVIL LIABILITY.—For purposes of deter- (2) INTERAGENCY WORKING GROUP.—The Inter- needs for capital improvements of Federal assets mining liability arising from the dissemination agency Working Group shall, with respect to the and non-Federal assets of the System, and and use of observation data gathered pursuant System, be responsible for— transmit such information to the Interagency to this section, any non-Federal asset or Re- (A) implementation of operations plans and Working Group via the Administrator; gional Information Coordination Entity that is policies developed by the Council; (C) demonstrate an organizational structure certified under paragraph (3)(D) and that is (B) development of and transmittal to Con- and strategic operational plan to ensure the ef- participating in the System shall be considered gress at the time of submission of the President’s ficient and effective administration of programs to be part of the National Oceanic and Atmos- annual budget request an annual coordinated, and assets to support daily data observations pheric Administration. Any employee of such a comprehensive System budget; for integration into the System; non-Federal asset or Regional Information Co- (C) identification of gaps in observation cov- (D) comply with all financial oversight re- ordination Entity, while operating within the erage or needs for capital improvements of both quirements established by the Administrator, in- scope of his or her employment in carrying out Federal assets and non-Federal assets; cluding requirements relating to audits; and the purposes of this section, with respect to tort (D) establishment of data management and (E) demonstrate a capability to work with liability, is deemed to be an employee of the communication protocols and standards; other governmental and nongovernmental enti- Federal Government. (E) establishment of required observation data ties at all levels to identify and provide informa- (f) INTERAGENCY FINANCING, GRANTS, CON- variables; tion products of the System for multiple users TRACTS, AND AGREEMENTS.— (F) development of certification standards for within the service area of the Regional Informa- (1) IN GENERAL.—The member departments all non-Federal assets or Regional Information tion Coordination Entities and otherwise. and agencies of the Council, subject to the Coordination Entities to be eligible for integra- (5) SYSTEM ADVISORY COMMITTEE.— availability of appropriations, may participate tion into the System; (A) IN GENERAL.—The Administrator shall es- in interagency financing and share, transfer, (G) subject to the availability of appropria- tablish a System Advisory Committee, which receive, obligate, and expend funds appro- tions, establish through one or more partici- shall provide advice as may be requested by the priated to any member agency for the purposes pating Federal agencies, in consultation with Administrator or the Interagency Working of carrying out any administrative or pro- the System Advisory Committee established Group. grammatic project or activity to further the pur- under paragraph (5), a competitive matching (B) PURPOSE.—The purpose of the System Ad- poses of this section, including support for the grant or other program to promote research and visory Committee is to advise the Administrator Interagency Working Group, the Interagency development of innovative observation tech- and the Interagency Working Group on— Coordinating Program Office, a common infra- nologies including testing and field trials; and (i) administration, operation, management, structure, and integration to expand or other- (H) periodically review and recommend to the and maintenance of the System, including inte- wise enhance the System. Council revisions to the System Plan. gration of Federal and non-Federal assets and (2) JOINT CENTERS AND AGREEMENTS.—Member (3) LEAD FEDERAL AGENCY.—The Adminis- data management and communication aspects of Departments and agencies of the Council shall trator shall function as the lead Federal agency the System, and fulfillment of the purposes spec- have the authority to create, support, and main- for the System. The Administrator may establish ified under subsection (b); tain joint centers, and to enter into and perform an Interagency Program Coordinating Office to (ii) expansion and periodic modernization and such contracts, leases, grants, and cooperative facilitate the Administrator’s responsibilities as upgrade of technology components of the Sys- agreements as may be necessary to carry out the the lead Federal agency for System oversight tem; and management. The Administrator shall— (iii) identification of end-user communities, purposes of this section and fulfillment of the (A) implement policies, protocols, and stand- their needs for information provided by the Sys- System Plan. ards established by the Council and delegated tem, and the System’s effectiveness in dissemi- (g) APPLICATION WITH OTHER LAWS.—Nothing by the Interagency Working Group; nating information to end-user communities and in this section supersedes or limits the authority (B) promulgate regulations to integrate the the general public; and of any agency to carry out its responsibilities participation of non-Federal assets into the Sys- (iv) any other purpose identified by the Ad- and missions under other laws. tem and enter into and oversee contracts and ministrator or the Interagency Working Group. (h) REPORT TO CONGRESS.— agreements with Regional Information Coordi- (C) MEMBERS.— (1) IN GENERAL.—Not later than two years nation Entities to effect this purpose; (i) IN GENERAL.—The System Advisory Com- after the date of enactment of this section, the (C) implement a competitive funding process mittee shall be composed of members appointed Administrator through the Council shall submit for the purpose of assigning contracts and by the Administrator. Members shall be quali- to Congress a report that describes the status of agreements to Regional Information Coordina- fied by education, training, and experience to the System and progress made to achieve the tion Entities; evaluate scientific and technical information re- purposes of this section and the goals identified (D) certify or establish Regional Information lated to the design, operation, maintenance, or under the System Plan. Coordination Entities to coordinate State, Fed- use of the System, or use of data products pro- (2) CONTENTS.—The report shall include dis- eral, local, and private interests at a regional vided through the System. cussion of the following: level with the responsibility of engaging private (ii) TERMS OF SERVICE.—Members shall be ap- (A) Identification of Federal and non-Federal and public sectors in designing, operating, and pointed for 3-year terms, renewable once. A va- assets as determined by the Council that have improving regional coastal and ocean observing cancy appointment shall be for the remainder of been integrated into the System, including as- systems in order to ensure the provision of data the unexpired term of the vacancy, and an indi- sets essential to the gathering of required obser- and information that meet the needs of user vidual so appointed may subsequently be ap- vation data variables necessary to meet the re- groups from the respective regions; pointed for 2 full 3-year terms if the remainder spective missions of Council agencies. (E) formulate a process by which gaps in ob- of the unexpired term is less than one year. (B) A review of procurements, planned or ini- servation coverage or needs for capital improve- (iii) CHAIRPERSON.—The Administrator shall tiated, by each Council agency to enhance, ex- ments of Federal assets and non-Federal assets designate a chairperson from among the mem- pand, or modernize the observation capabilities of the System can be identified by the Regional bers of the System Advisory Committee. and data products provided by the System, in- Information Coordination Entities, the Adminis- (iv) APPOINTMENT.—Members of the System cluding data management and communication trator, or other members of the System and Advisory Committee shall be appointed as spe- subsystems. transmitted to the Interagency Working Group; cial Government employees for purposes of sec- (C) An assessment regarding activities to inte- (F) be responsible for the coordination, stor- tion 202(a) of title 18, United States Code. grate Federal and non-Federal assets, nation- age, management, and dissemination of observa- (D) ADMINISTRATIVE PROVISIONS.— ally and on the regional level, and discussion of tion data gathered through the System to all (i) REPORTING.—The System Advisory Com- the performance and effectiveness of Regional end-user communities; mittee shall report to the Administrator and the Information Coordination Entities to coordinate (G) implement a program of public education Interagency Working Group, as appropriate. regional observation operations. and outreach to improve public awareness of (ii) ADMINISTRATIVE SUPPORT.—The Adminis- (D) An evaluation of progress made by the global climate change and effects on the ocean, trator shall provide administrative support to Council to achieve the purposes of this section coastal, and Great Lakes environment; and the System Advisory Committee. and the goals identified under the System Plan.

VerDate Aug 31 2005 01:34 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 6333 E:\CR\FM\A31MR7.008 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1780 CONGRESSIONAL RECORD — HOUSE March 31, 2008 (E) Recommendations for operational improve- proved fisheries management and safer With warm regards, I am ments to enhance the efficiency, accuracy, and navigation. Sincerely, overall capability of the System. Capitalizing on newer and better in- NICK J. RAHALL II, (3) BIENNIAL UPDATE.—Two years after the tegrated technologies would help ad- Chairman, Committee on Natural Resources. transmittal of the initial report prepared pursu- dress huge information gaps and sig- Madam Speaker, I reserve the bal- ant to this subsection and biennially thereafter, ance of my time. the Administrator, through the Council, shall nificantly advance our understanding submit to Congress an update of the initial re- of ocean processes. I would say coming Mr. BISHOP of Utah. Madam Speak- port. from a State called The Ocean State, er, I yield myself such time as I may (i) PUBLIC-PRIVATE USE POLICY.—The Council this is a particularly important piece consume. shall develop a policy within 6 months after the of legislation, and representing a uni- Madam Speaker, there are currently date of the enactment of this section that de- versity that is a recipient of Sea many Federal and State agencies, uni- fines processes for making decisions about the Grants, we are very interested in pass- versities and private entities collecting roles of the Federal Government, the States, Re- ing this legislation. ocean and coastal observation data. gional Information Coordination Entities, the H.R. 2342 will coordinate these efforts academic community, and the private sector in Madam Speaker, I ask colleagues on providing to end-user communities environ- both sides of the aisle to support pas- and create a national integrated coast- mental information, products, technologies, and sage of this noncontroversial bill. al and ocean observing system. The na- services related to the System. The Council shall Madam Speaker, on behalf of the tional system will provide many bene- publish the policy in the Federal Register for Committee, I submit the following ex- fits to the Nation by support weather, public comment for a period not less than 60 change of letters. marine forecasts, marine transpor- days. Nothing in this subsection shall be con- HOUSE OF REPRESENTATIVES, COM- tation, public safety, scientific re- strued to require changes in policy in effect on MITTEE ON SCIENCE AND TECH- search, and public outreach and edu- the date of the enactment of this Act. NOLOGY, cation activities. (j) INDEPENDENT COST ESTIMATE.—The Inter- Washington, DC, March 27, 2008. agency Working Group, through the Adminis- Madam Speaker, I reserve the bal- Hon. NICK J. RAHALL II, trator and the Director of the National Science ance of my time. Chairman, Committee on Natural Resources, Foundation, shall obtain within one year after Mr. KENNEDY. I would just say once House of Representatives, Washington, DC. the date of the enactment of this section an again, Madam Speaker, we are in the DEAR CHAIRMAN RAHALL: I write to you re- independent cost estimate for operations and process as a Nation of taking an assess- garding H.R. 2342, the ‘‘National Integrated maintenance of existing Federal assets of the Coastal and Ocean Observation Act.’’ This ment of our coastal zones, and in par- System, and planned or anticipated acquisition, legislation was initially referred to both the ticularly in light of our energy needs, operation, and maintenance of new Federal as- Committee on Natural Resources and the for our wind needs, for the possibility sets for the System, including operation facili- Committee on Science and Technology. of harnessing the oceans for purposes ties, observation equipment, modeling and soft- H.R. 2342 was marked up by the Committee ware, data management and communication, of energy in our oceans, and, of course, on Natural Resources on March 12, 2008. I and other essential components. The inde- tabulating the effects of global warm- recognize and appreciate your desire to bring pendent cost estimate shall be transmitted un- ing. All of these things use data, and this legislation before the House in an expe- abridged and without revision by the Adminis- ditious manner, and, accordingly, I will those data points can certainly be trator to Congress. waive further consideration of this bill in drawn from the passage of legislation (k) INTENT OF CONGRESS.—It is the intent of Committee. However, agreeing to waive con- like this that will integrate all of those Congress that funding provided to agencies of sideration of this bill should not be con- data points through a coastal and the Council to implement this section shall sup- strued as the Committee on Science and plement, and not replace, existing sources of ocean observatory system. Technology waiving its jurisdiction over funding for other programs. It is the further in- I think we owe a great debt of grati- H.R. 2342. tude to the author of this legislation, tent of Congress that agencies of the Council Further, I request your support for the ap- Representative ALLEN, for the work shall not enter into contracts or agreements for pointment of Science and Technology Com- the development or procurement of new Federal mittee conferees during any House-Senate that he put into authoring it. assets for the System that are estimated to be in conference convened on this legislation. I At this time, I would like yield such excess of $250,000,000 in life-cycle costs without also ask that a copy of this letter and your time as he may consume to the gen- first providing adequate notice to Congress and response be placed in the Congressional tleman from Maine (Mr. ALLEN). opportunity for review and comment. Record during consideration of this bill. Mr. ALLEN. I thank the gentleman The SPEAKER pro tempore. Pursu- I look forward to working with you as we for yielding. ant to the rule, the gentleman from prepare to pass this important legislation. Madam Speaker, I rise to express my Rhode Island (Mr. KENNEDY) and the Sincerely, support for H.R. 2342, the National In- gentleman from Utah (Mr. BISHOP) BART GORDON, Chairman. tegrated Coastal and Ocean Observa- each will control 20 minutes. tion Act. I commend Chairman RAHALL The Chair recognizes the gentleman HOUSE OF REPRESENTATIVES, COM- and Chairwoman BORDALLO of the Nat- from Rhode Island. MITTEE ON NATURAL RESOURCES, ural Resources Committee for their GENERAL LEAVE Washington, DC, March 27, 2008. leadership and foresight in supporting Mr. KENNEDY. Madam Speaker, I Hon. BART GORDON, this legislation to give us the tools we ask unanimous consent that all Mem- Chairman, Committee on Science and Tech- need to manage and protect our marine bers have 5 legislative days to revise nology, Washington, DC. resources and coastal communities. I DEAR MR. CHAIRMAN: Thank you for your and extend their remarks and include willingness to allow floor consideration of also want to thank Mr. BROWN and Mr. extraneous material on the bill under H.R. 2342, the National Integrated Coastal YOUNG for their work on this bill. consideration. and Ocean Observation Act, to proceed. My legislation establishes a nation- The SPEAKER pro tempore. Is there I appreciate your willingness to waive your wide integrated ocean and coastal ob- objection to the request of the gen- Committee’s right to further consideration serving system, based on the inter- tleman from Rhode Island? of H.R. 2342, even though your Committee nationally acclaimed Gulf of Maine There was no objection. shares jurisdiction over the bill and has re- Ocean Observing System, GoMOOS. Mr. KENNEDY. Madam Speaker, I ceived an additional referral. Of course, this That is the acronym, GoMOOS. waiver does not prejudice any further juris- yield myself such time as I may con- dictional claims by your Committee over GoMOOS was developed by Maine sume. this legislation or similar language. Further- oceanographers, and has improved safe- H.R. 2342, the National Integrated more, I agree to support your request for ap- ty for fishermen and boaters, increased Coastal and Ocean Observation Act of pointment of conferees from the Committee understanding of ocean weather and 2008, was introduced by our colleague on Science and Technology if a conference is helped forecast the effects of global cli- from Maine (Mr. ALLEN). This bill es- held on this matter. mate change. tablishes a National Integrated Coastal As is customary, I will insert our two let- My legislation builds on the success Ocean Observation System to gather ters in the Congressional Record as part of of regional programs like GoMOOS and the consideration of H.R. 2342 on the House real-time data on the ocean environ- floor. Thank you for the cooperative spirit in will greatly enhance our knowledge ment, to refine and enhance predictive which you have worked regarding this mat- about our oceans and their resources capabilities, and to provide other im- ter and others between our respective com- and vastly improve our ability to man- mediate societal benefits, such as im- mittees. age them properly.

VerDate Aug 31 2005 03:59 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.008 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1781 The U.S. Commission on Ocean Pol- gration of the disparate components of (1) in subsection (a)(2)— icy, Pew Oceans Commission, and the the ocean, coastal and Great Lakes ob- (A) in subparagraph (A), by inserting ‘‘or’’ Joint Ocean Commission Initiative serving activities. Legislation author- after the semicolon; izing an integrated system will ensure (B) in subparagraph (B), by striking ‘‘; or’’ have all established creation of a com- and inserting a semicolon; and prehensive ocean observing system as a the coordination and integration (C) by striking subparagraph (C); and top priority. In fact, Admiral James among all the elements of a national (2) in subsection (e)— Watkins, Chair of the U.S. Commission system, both Federal and regional, and (A) by redesignating paragraphs (2), (3), (4), on Ocean Policy and Cochair of the would provide legal authority for shar- and (5) as paragraphs (3), (4), (5), and (6) re- Joint Oceans Commission Initiative, ing funds across Federal agencies for spectively; and has testified that an oceans observing implementing IOOS. (B) by striking ‘‘(e)’’ and all that follows system, and I quote, ‘‘is probably the A national Integrated Ocean Observ- through ‘‘Subsection (a)(2)(C)’’ in paragraph ing system would enable managers at (1) and inserting the following: most important single program. I ‘‘(e) CAPTIVE WILDLIFE OFFENSES.— think if it were to be implemented all levels, local, regional and National, ‘‘(1) IN GENERAL.—It is unlawful for any properly and funded to the extent we to make informed and timely decisions person— have recommended in our report, it to manage our ocean resources and pro- ‘‘(A) to import, export, transport, sell, re- will be one of the most important tect our coastal communities. ceive, acquire, or purchase in interstate or things we can do for future decision To summarize, what we are talking foreign commerce any live animal of any about is being able to get information prohibited wildlife species; or making.’’ ‘‘(B) to attempt to commit any act de- Implementation of the Integrated about our oceans in the same way and on the same scale that today we get in- scribed in subparagraph (A). Ocean Observing System will have a ‘‘(2) NONAPPLICABILITY.—This subsection’’; myriad of positive impacts. Implemen- formation about the atmosphere, and (C) in paragraph (2) (as redesignated by tation will, one, improve predictions of because of the interconnection of what subparagraph (A))— climate change and weather and their is happening in the atmosphere and (i) by striking ‘‘a’’ before ‘‘prohibited’’ and effects on coastal communities, includ- what is happening in the oceans, this inserting ‘‘any’’; ing impacts on water and energy man- will dramatically increase and expand (ii) by striking ‘‘(3)’’ and inserting ‘‘(4)’’; agement; two, improve the safety and our understanding of both the atmos- and phere and the oceans. It is an impor- (iii) by striking ‘‘(2)’’ and inserting ‘‘(3)’’; efficiency of marine operations; three, (D) in paragraph (3) (as redesignated by improve national and homeland secu- tant piece of legislation. I urge my colleagues to support this subparagraph (A))— rity, particularly within ports and the measure. (i) in subparagraph (C)— Nation’s heavily populated coastal re- Mr. BISHOP of Utah. Madam Speak- (I) in clauses (ii) and (iii), by striking ‘‘ani- gions; and, fourth, enable the sustained mals listed in section 2(g)’’ each place it ap- er, I yield back the balance of my time. pears and inserting ‘‘prohibited wildlife spe- use of ocean and coastal resources and Mr. KENNEDY. Madam Speaker, better manage fisheries. cies’’; and with no other speakers, I would just (II) in clause (iv), by striking ‘‘animals’’ In addition to monitoring and fore- once again conclude that Rhode Island casting climate change, the Ocean Ob- and inserting ‘‘prohibited wildlife species’’; looks forward to hosting this ocean ob- and serving System would protect coastal servatory system that the Representa- (ii) in subparagraph (D)— communities and economic interests of tive from Maine has proposed, if not (I) by striking ‘‘the animal’’ the first place oceangoing industries like shipping and objected to by the gentleman from Ha- it appears and inserting ‘‘an animal of any commercial fishing by improving warn- waii, another sea-going State. prohibited wildlife species’’; and ings of tsunamis, hurricanes, coastal Madam Speaker, I yield back the bal- (II) by striking ‘‘the animal’’ the second storms and other natural hazards. place it appears and inserting ‘‘that animal’’; ance of my time. (E) in paragraph (4) (as redesignated by The Integrated Ocean Observing Sys- The SPEAKER pro tempore. The tem is not just another combination of subparagraph (A)), by striking ‘‘(2)’’ and in- question is on the motion offered by serting ‘‘(3)’’; data satellites and buoys. It has real- the gentleman from Rhode Island (Mr. (F) in paragraph (6) (as redesignated by time and real life practical applica- KENNEDY) that the House suspend the subparagraph (A))— tions. In the past, regional ocean sys- rules and pass the bill, H.R. 2342, as (i) by striking ‘‘subsection (a)(2)(C)’’ and tems have provided early warnings of amended. inserting ‘‘this subsection’’; and harmful algal blooms that can severely The question was taken; and (two- (ii) by striking ‘‘fiscal years 2004 through impact the shellfish industry. Sci- thirds being in the affirmative) the 2008’’ and inserting ‘‘fiscal years 2009 through entists use the regional system to tar- rules were suspended and the bill, as 2013’’; and get testing areas, and managers use it (G) by inserting after paragraph (6) (as re- amended, was passed. designated by subparagraph (A)) the fol- to issue timely and necessary warnings A motion to reconsider was laid on lowing: to protect public health. The Coast the table. ‘‘(7) APPLICATION.—This subsection shall Guard is another frequent user. They f apply beginning on the effective date of reg- look to the system for critical informa- ulations promulgated under this sub- 1430 tion to aid in search and rescue oper- b section.’’. ations. CAPTIVE WILDLIFE SAFETY TECH- (b) CIVIL PENALTIES.—Section 4(a) of the Fishermen have used Maine’s Ocean NICAL AMENDMENTS ACT OF 2008 Lacey Act Amendments of 1981 (16 U.S.C. Observing System for years for real 3373(a)) is amended— Mr. ABERCROMBIE. Madam Speak- (1) in paragraph (1), by striking ‘‘sub- time information on sea conditions and er, I move to suspend the rules and sections (b) and (d)’’ and inserting ‘‘sub- weather. More observations provide pass the bill (H.R. 4933) to amend the sections (b), (d), and (e)’’; and more data and allow fishermen to Lacey Act Amendments of 1981 to pro- (2) in paragraph (1), by striking ‘‘section make informed and safe decisions. I tect captive wildlife and to make tech- 3(d)’’ and inserting ‘‘subsection (d) or (e) of would just say in that context that I nical corrections, as amended. section 3’’. (c) CRIMINAL PENALTIES.—Section 4(d) of have had fishermen in Maine tell me The Clerk read the title of the bill. that whereas they used to be gambling the Lacey Act Amendments of 1981 (16 U.S.C. The text of the bill is as follows: 3373(d)) is amended— on what the weather might be 7 to 10 H.R. 4933 (1) in paragraphs (1)(A) and (1)(B) and in miles offshore, now they can look at Be it enacted by the Senate and House of Rep- the first sentence of paragraph (2), by strik- their computer, they can get real-time resentatives of the United States of America in ing ‘‘subsections (b) and (d)’’ each place it data from a buoy 7 miles offshore and Congress assembled, appears and inserting ‘‘subsections (b), (d), know whether or not it is safe to go out SECTION 1. SHORT TITLE. and (e)’’; and that distance. This Act may be cited as the ‘‘Captive (2) in paragraph (3), by striking ‘‘section Many elements of a national ocean Wildlife Safety Technical Amendments Act 3(d)’’ and inserting ‘‘subsection (d) or (e) of observing system are already in place, of 2008’’. section 3’’. SEC. 2. CAPTIVE WILDLIFE SAFETY AMEND- (d) CORRECTION OF PRIOR AMENDMENT.— but currently they operate independ- MENTS. (1) CORRECTION.—Section 102(c) of Public ently. Legislation is needed to for- (a) PROHIBITED ACTS.—Section 3 of the Law 100–653 (102 Stat. 3826) is amended by mally define the fiduciary, legal and Lacey Act Amendments of 1981 (16 U.S.C. striking ‘‘section 3(b)’’ and inserting ‘‘sub- oversight structure to enable the inte- 3372) is amended— section 3(b)’’.

VerDate Aug 31 2005 01:34 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.009 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1782 CONGRESSIONAL RECORD — HOUSE March 31, 2008 (2) EFFECTIVE DATE.—This subsection shall country, but overseas as well. There- ‘‘(ii) geodetic, geospatial, or geomagnetic take effect upon enactment of Public Law fore, I ask Members on both sides to measurements; 100–653. support passage of this noncontrover- ‘‘(iii) tide, water level, and current obser- SEC. 3. APPLICABILITY PROVISION AMENDMENT. sial bill. vations; or Section 3 of the Captive Wildlife Safety ‘‘(iv) other methods; and Act (117 Stat. 2871; Public Law 108–191) is May I say also, Madam Speaker, ‘‘(B) is used in providing hydrographic amended— what a privilege it is to be on the floor services.’’; (1) in subsection (a), by striking ‘‘(a) IN with Mr. BISHOP of Utah. I have the (2) by amending paragraph (4)(A) to read as GENERAL.—Section 3’’ and inserting ‘‘Section honor of serving with him on the Re- follows: 3’’; and sources Committee, and have always ‘‘(A) the management, maintenance, inter- (2) by striking subsection (b). valued his insight and perspective. pretation, certification, and dissemination of The SPEAKER pro tempore. Pursu- I reserve the balance of my time. bathymetric, hydrographic, shoreline, geo- ant to the rule, the gentleman from Mr. BISHOP of Utah. I appreciate detic, geospatial, geomagnetic, and tide, water level, and current information, includ- Hawaii (Mr. ABERCROMBIE) and the gen- those kind words, and I will try to be ing the production of nautical charts, nau- tleman from Utah (Mr. BISHOP) each as introspective as I possibly can here. tical information databases, and other prod- will control 20 minutes. Public Law 108–191 made it illegal to ucts derived from hydrographic data;’’; and The Chair recognizes the gentleman buy, sell, or trade certain large exotic (3) by striking paragraph (5). from Hawaii. cats in interstate or foreign commerce. SEC. 3. FUNCTIONS OF THE ADMINISTRATOR. GENERAL LEAVE These include cheetahs, cougars, jag- Section 303 of the Hydrographic Services Mr. ABERCROMBIE. Madam Speak- uars, leopards, lions, tigers, and bears, Improvement Act of 1998 (33 U.S.C. 892a) is er, I ask unanimous consent that all oh my. The measure did not ban the amended— Members may have 5 days to revise and private ownership of these cats, and (1) in subsection (a)— (A) by striking ‘‘the Act of 1947,’’ and in- extend their remarks and include ex- specific exemptions were provided for serting ‘‘the Coast and Geodetic Survey Act traneous material on the bill under qualified aquariums, circuses, sanc- (33 U.S.C. 883a et seq.)’’; and consideration. tuaries, and zoos. (B) in paragraph (1) by striking ‘‘data;’’ The SPEAKER pro tempore. Is there In the 5 years that this law has been and inserting ‘‘data and provide hydro- objection to the request of the gen- enacted, the U.S. Fish and Wildlife graphic services;’’; tleman from Hawaii? Service has been unable to prosecute (2) in subsection (b)— There was no objection. anyone because of drafting defi- (A) by striking ‘‘the Act of 1947,’’ and in- Mr. ABERCROMBIE. Madam Speak- ciencies; so, I would urge an ‘‘aye’’ vote serting ‘‘the Coast and Geodetic Survey Act er, I yield myself such time as I may (33 U.S.C. 883a et seq.)’’; on H.R. 4933. (B) in paragraph (3) by striking ‘‘title IX of consume. I yield back the balance of my time. the Federal Property and Administrative H.R. 4933, the Captive Wildlife Safety Mr. ABERCROMBIE. I yield back the Services Act of 1949; and’’ and inserting Technical Amendments Act of 2008, was balance of my time. ‘‘subchapter VI of chapter 10 of title 40, introduced by my colleague from Guam The SPEAKER pro tempore. The United States Code;’’; (Ms. BORDALLO). As Mr. KENNEDY indi- question is on the motion offered by (C) in paragraph (4) by striking the period cated, unfortunately, she cannot be the gentleman from Hawaii (Mr. ABER- and inserting ‘‘; and’’; and (D) by adding at the end the following: here in person at the moment because CROMBIE) that the House suspend the ‘‘(5) may create, support, and maintain a she is on her way here from Guam, but rules and pass the bill, H.R. 4933, as hopefully will arrive before the end of Joint Hydrographic Institute.’’; and amended. (3) by striking subsection (c) and inserting the proceedings. Coming as I do, The question was taken; and (two- the following: Madam Speaker, on a 5,000 mile one- thirds being in the affirmative) the ‘‘(c) ACQUISITION OF HYDROGRAPHIC DATA way commute, I have a lot of empathy rules were suspended and the bill, as AND PROVIDE HYDROGRAPHIC SERVICES.—To and sympathy for her journey. But the amended, was passed. the extent that it does not detract from the issue before us today is very, very im- A motion to reconsider was laid on promotion of safe and efficient navigation, the Administrator may acquire hydrographic portant both to her and to Members of the table. the House and, by extension, the Na- data and provide hydrographic services to— f tion. ‘‘(1) support the conservation and manage- ment of coastal and ocean resources; The Captive Wildlife Safety Act, HYDROGRAPHIC SERVICES IM- ‘‘(2) save and protect life and property; Public Law 108–191, amended the Lacey PROVEMENT ACT AMENDMENTS ‘‘(3) support the resumption of commerce Act Amendments of 1981, and that OF 2008 in response to emergencies, natural disas- made it unlawful for any person to im- Mr. ABERCROMBIE. Madam Speak- ters, and man-made disasters, and port, export, transport, sell, receive, er, I move to suspend the rules and ‘‘(4) meet homeland security and maritime domain awareness needs, including carrying acquire, or purchase in interstate or pass the bill (H.R. 3352) to reauthorize foreign commerce any prohibited wild- out mission assignments (as that term is de- and amend the Hydrographic Services fined in section 641 of the Post-Katrina life species. Improvement Act, and for other pur- After the law was enacted, the Fish Emergency Management Reform Act of 2006 poses, as amended. (6 U.S.C. 741).’’. and Wildlife Service and the Depart- The Clerk read the title of the bill. SEC. 4. HYDROGRAPHIC SERVICES REVIEW ment of Justice identified technical The text of the bill is as follows: PANEL. drafting problems that made full im- Section 305 of the Hydrographic Services H.R. 3352 plementation and enforcement impos- Improvement Act of 1998 (33 U.S.C. 892c) is sible. H.R. 4933 would make those tech- Be it enacted by the Senate and House of Rep- amended— resentatives of the United States of America in (1) in subsection (c)(1)(A) by striking ‘‘Di- nical changes to the law needed to Congress assembled, allow the original intent of the legisla- rector’’ and inserting ‘‘Co-directors’’; SECTION 1. SHORT TITLE. tion to be achieved. (2) in subsections (c)(1)(C), (c)(3), and (e) by This Act may be cited as the ‘‘Hydro- striking ‘‘Secretary’’ each place it appears Madam Speaker, on a personal note, graphic Services Improvement Act Amend- and inserting ‘‘Administrator’’; and I might add that, under Chairman ments of 2008’’. (3) by amending subsection (d) to read as Pombo, I had the privilege of traveling SEC. 2. DEFINITIONS. follows: with him to Africa for the CITES, Con- Section 302 of the Hydrographic Services ‘‘(d) COMPENSATION.—Voting members of vention on International Treaty on En- Improvement Act of 1998 (33 U.S.C. 892) is the panel shall be reimbursed for actual and dangered Species, so we could see with amended— reasonable expenses, including travel and per our own eyes what the consequences (1) by amending paragraph (3) to read as diem, incurred in the performance of duties are by not having legislation like this follows: for the panel.’’. correctly in place. The wildlife species ‘‘(3) HYDROGRAPHIC DATA.—The term ‘hy- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 306 of the Hydrographic Services are totally dependent upon human drographic data’ means information that— ‘‘(A) is acquired through— Improvement Act of 1998 (33 U.S.C. 892d) is beings as the stewards of this planet ‘‘(i) hydrographic, bathymetric, photo- amended to read as follows: and, most certainly, as the stewards of grammetric, lidar, radar, remote sensing, or ‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS. their welfare and for the salvation of shoreline and other ocean- and coastal-re- ‘‘There are authorized to be appropriated endangered species, not just in our lated surveying; to the Administrator the following:

VerDate Aug 31 2005 01:34 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.007 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1783 ‘‘(1) To carry out nautical mapping and ity assurance program authorized in SEC. 2. BOARD OF DIRECTORS OF THE FOUNDA- charting functions under sections 303 and 2002, suggested several recommenda- TION. 304, except for conducting hydrographic sur- tions to improve NOAA’s hydrographic Section 3(a) of the National Fish and Wild- life Foundation Establishment Act (16 U.S.C. veys— services. Strengthening the emergency ‘‘(A) $55,000,000 for fiscal year 2009; 3702(a)) is amended by striking paragraph (1) ‘‘(B) $56,000,000 for fiscal year 2010; response and recovery capabilities were and inserting the following: ‘‘(C) $57,000,000 for fiscal year 2011; and among the recommendations sug- ‘‘(1) IN GENERAL.—The Foundation shall ‘‘(D) $58,000,000 for fiscal year 2012. gested. H.R. 3352 addresses these rec- have a governing Board of Directors (referred ‘‘(2) To contract for hydrographic surveys ommendations directly, and meets to in this Act as the ‘Board’), which shall under section 303(b)(1), including the leasing homeland security and maritime do- consist of 30 Directors appointed in accord- or time chartering of vessels— main awareness needs. ance with subsection (b), each of whom shall ‘‘(A) $32,130,000 for fiscal year 2009; I want to commend our friend Con- be a United States citizen.’’. ‘‘(B) $32,760,000 for fiscal year 2010; gressman DON YOUNG for introducing The SPEAKER pro tempore. Pursu- ‘‘(C) $33,390,000 for fiscal year 2011; and ant to the rule, the gentleman from ‘‘(D) $34,020,000 for fiscal year 2012. this bill, and urge all Members to sup- Hawaii (Mr. ABERCROMBIE) and the gen- ‘‘(3) To operate hydrographic survey ves- port it. sels owned by the United States and oper- I reserve the balance of my time. tleman from Utah (Mr. BISHOP) each ated by the Administration— Mr. BISHOP of Utah. Madam Speak- will control 20 minutes. ‘‘(A) $25,900,000 for fiscal year 2009; er, I rise in support of H.R. 3352. The Chair recognizes the gentleman ‘‘(B) $26,400,000 for fiscal year 2010; Hydrographic surveys and shoreline from Hawaii. ‘‘(C) $26,900,000 for fiscal year 2011; and mapping activities provide data to GENERAL LEAVE ‘‘(D) $27,400,000 for fiscal year 2012. produce accurate nautical charts. Mr. ABERCROMBIE. Madam Speak- ‘‘(4) To carry out geodetic functions under Many vessels from large container er, I ask unanimous consent that all this title— ships and oil tankers to the smaller ‘‘(A) $32,640,000 for fiscal year 2009; Members may have 5 days to revise and ‘‘(B) $32,280,000 for fiscal year 2010; commercial fishing vessels and rec- extend their remarks and include ex- ‘‘(C) $33,920,000 for fiscal year 2011; and reational boaters rely on nautical traneous material on the bill under ‘‘(D) $34,560,000 for fiscal year 2012. charts to safely navigate U.S. water- consideration. ‘‘(5) To carry out tide and current meas- ways. There is currently a backlog in The SPEAKER pro tempore. Is there urement functions under this title— the survey work, making many nau- objection to the request of the gen- ‘‘(A) $27,000,000 for fiscal year 2009; tical charts out of date. H.R. 3352 will tleman from Hawaii? ‘‘(B) $27,500,000 for fiscal year 2010; reauthorize the program that supports There was no objection. ‘‘(C) $28,000,000 for fiscal year 2011; and hydrographic surveys and shoreline Mr. ABERCROMBIE. Madam Speak- ‘‘(D) $28,500,000 for fiscal year 2012. ‘‘(6) To acquire a replacement hydro- mapping activities, and continue the er, I yield myself such time as I may graphic survey vessel capable of staying at efforts to provide all users with accu- consume. sea continuously for at least 30 days rate nautical charts. I urge an ‘‘aye’’ Madam Speaker, H.R. 3891, intro- $75,000,000.’’. vote. duced by my colleague from South SEC. 6. ADDITION OF SHORT TITLE TO EXISTING I yield back the balance of my time. Carolina (Mr. BROWN), expands the size LAW. Mr. ABERCROMBIE. I yield back the of the Board of Directors of the Na- The Act of August 6, 1947 (chapter 504; 33 balance of my time. tional Fish and Wildlife Foundation U.S.C. 883a et seq.) is amended by adding at The SPEAKER pro tempore. The from 25 to 30 members. the end the following: question is on the motion offered by The National Fish and Wildlife Foun- ‘‘SEC. 11. SHORT TITLE. the gentleman from Hawaii (Mr. ABER- dation was established by Congress in ‘‘This Act may be cited as the ‘Coast and CROMBIE) that the House suspend the 1984 as a charitable nonprofit corpora- Geodetic Survey Act’.’’. rules and pass the bill, H.R. 3352, as tion. The foundation was formed to fur- The SPEAKER pro tempore. Pursu- amended. ther the conservation and management ant to the rule, the gentleman from The question was taken. of fish, wildlife, plants, and other nat- Hawaii (Mr. ABERCROMBIE) and the gen- The SPEAKER pro tempore. In the ural resources by the United States tleman from Utah (Mr. BISHOP) each opinion of the Chair, two-thirds being Fish and Wildlife Service and the Na- will control 20 minutes. in the affirmative, the ayes have it. tional Oceanic and Atmospheric Ad- The Chair recognizes the gentleman Mr. WESTMORELAND. Madam ministration. from Hawaii. Speaker, on that I demand the yeas While the foundation and its con- GENERAL LEAVE and nays. servation programs continue to grow Mr. ABERCROMBIE. Madam Speak- The yeas and nays were ordered. and fundraising for these programs er, I ask unanimous consent that all The SPEAKER pro tempore. Pursu- keeps pace, it is considerably more dif- Members may have 5 days to revise and ant to clause 8 of rule XX and the ficult to meet the increasing adminis- extend their remarks and include ex- Chair’s prior announcement, further trative expenses of the foundation. Ex- traneous material on the bill under proceedings on this motion will be panding the size of the board of direc- consideration. postponed. tors will improve the ability of the The SPEAKER pro tempore. Is there f foundation to raise private funds, to objection to the request of the gen- NATIONAL FISH AND WILDLIFE cover its administrative expenses, and tleman from Hawaii? FOUNDATION ESTABLISHMENT to improve the implementation of its There was no objection. ACT AMENDMENT OF 2008 conservation programs. Mr. ABERCROMBIE. Madam Speak- I commend Congressman HENRY Mr. ABERCROMBIE. Madam Speak- er, I yield myself such time as I may BROWN, again, a good friend of many of er, I move to suspend the rules and consume. us here in the Congress and a friend of pass the bill (H.R. 3891) to amend the Madam Speaker, H.R. 3352 was intro- the Natural Resources, for introducing National Fish and Wildlife Foundation duced by my colleague and our good this bill, and urge all Members to sup- Establishment Act to increase the friend from Alaska (Mr. YOUNG), and it port it. number of Directors on the Board of amends the Hydrographic Services Im- I reserve the balance of my time. Directors of the National Fish and provement Act to authorize the admin- Mr. BISHOP of Utah. Madam Speak- Wildlife Foundation, as amended. istrator of the National Oceanic and er, I rise in support of H.R. 3891. It does The Clerk read the title of the bill. Atmospheric Administration to expand The text of the bill is as follows: increase by five members the Board of the use of hydrographic data and hy- Directors on the National Fish and H.R. 3891 drographic services. Wildlife Foundation. The Office of Coast Survey, which is Be it enacted by the Senate and House of Rep- Since its inception, this foundation resentatives of the United States of America in within NOAA’s National Ocean Service, Congress assembled, has financed more than 9,500 conserva- conducts hydrographic surveys meas- SECTION 1. SHORT TITLE. tion projects to sustain, restore, and uring the depth and bottom configura- This Act may be cited as the ‘‘National enhance fish wildlife population and tion of bodies of water. The Hydro- Fish and Wildlife Foundation Establishment their essential habitat. Under current graphic Services Review Panel, a qual- Act Amendment of 2008’’. law, the Secretary of the Interior may

VerDate Aug 31 2005 01:49 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.006 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1784 CONGRESSIONAL RECORD — HOUSE March 31, 2008 appoint 25 individuals to serve on the The SPEAKER pro tempore. The for expenditure for the acquisition of land and Board of Directors. These members question is on the motion offered by interests in land in the Ouachita National For- have expertise in fish, wildlife, natural the gentleman from Hawaii (Mr. ABER- est. (f) SURVEY AND ADMINISTRATIVE COSTS.—The resources, and conservation. They CROMBIE) that the House suspend the exact acreage and legal description of the land serve as conservation ambassadors, and rules and pass the bill, H.R. 3891, as to be conveyed under subsection (b) shall be de- they approve projects submitted to the amended. termined by a survey satisfactory to the Sec- foundation, and raise funds for the op- The question was taken; and (two- retary. The Council shall pay the reasonable eration of this successful organization. thirds being in the affirmative) the costs of survey, appraisal, and any administra- The additional five members will help rules were suspended and the bill, as tive analyses required by law. to enhance that job description. I urge amended, was passed. (g) ACCESS.—Access to the land conveyed my colleagues to vote favorably on A motion to reconsider was laid on under subsection (b) shall be from the adjacent the table. land of the Council or its successor. Notwith- H.R. 3891. standing section 1323(a) of the Alaska National I yield back the balance of my time. f Interest Lands Conservation Act (16 U.S.C. Mr. ABERCROMBIE. Madam Speak- b 1445 3210(a)), the Secretary shall not be required to er, before yielding back the balance of provide additional access to the conveyed land. my time, and I will do so, I have a brief HALE SCOUTS ACT (h) ADDITIONAL TERMS AND CONDITIONS.—The closing insert that I would like to read Mr. ABERCROMBIE. Madam Speak- Secretary may prescribe such terms and condi- from Congresswoman BORDALLO who, er, I move to suspend the rules and tions on the conveyance under subsection (b) as the Secretary considers in the public interest, as I indicated, finds it impossible to be pass the bill (H.R. 2675) to provide for here today at this time. She says as including the reservation of access rights to the the conveyance of approximately 140 conveyed land for administrative purposes. follows: acres of land in the Ouachita National Madam Speaker, as Chairwoman on The SPEAKER pro tempore. Pursu- Forest in Oklahoma to the Indian Na- ant to the rule, the gentleman from the Subcommittee on Fisheries, Wild- tions Council, Inc., of the Boy Scouts Hawaii (Mr. ABERCROMBIE) and the gen- life, Oceans, I reiterate that the Nat- of America, and for other purposes, as ural Resources Committee supports tleman from Utah (Mr. BISHOP) each amended. will control 20 minutes. this bill as a means to maximize com- The Clerk read the title of the bill. munity participation in the activities The Chair recognizes the gentleman The text of the bill is as follows: from Hawaii. of the Fish and Wildlife Foundation. H.R. 2675 It is our expectation, that is to say GENERAL LEAVE Be it enacted by the Senate and House of Rep- Mr. ABERCROMBIE. Madam Speak- Congresswoman BORDALLO’s expecta- resentatives of the United States of America in tion, that the foundation will view this Congress assembled, er, I ask unanimous consent that all Members may have 5 legislative days expansion of its Board of Directors as SECTION 1. SHORT TITLE. an opportunity to increase the diver- This Act may be cited as the ‘‘Help to Access in which to revise and extend their re- sity of professional backgrounds and Land for the Education of Scouts’’ or ‘‘HALE marks and include extraneous material views that board members bring to the Scouts Act’’. on the bill under consideration. foundation, and also that the Secretary SEC. 2. LAND CONVEYANCE, OUACHITA NATIONAL The SPEAKER pro tempore. Is there of the Interior will appoint qualified FOREST, OKLAHOMA. objection to the request of the gen- individuals, hopefully with conserva- (a) FINDING.—Congress finds that it is in the tleman from Hawaii? tion experience in the offshore terri- public interest to provide for the sale of certain There was no objection. tories. federally owned land in the Ouachita National Mr. ABERCROMBIE. Madam Speak- Forest in Oklahoma to the Indian Nations er, I yield myself such time as I may Mr. BROWN of South Carolina. Madam Council, Inc., of the Boy Scouts of America, for Speaker, I rise today to speak on H.R. 3891, market value consideration. consume. a bill I introduced with Fisheries, Oceans and (b) CONVEYANCE REQUIRED.—Subject to valid Madam Speaker, H.R. 2675 was intro- Wildlife Subcommittee Chairwoman MADELEINE existing rights, the Secretary of Agriculture duced by my colleague and our friend BORDALLO. The fundamental purpose of this shall convey, by quitclaim deed, to the Indian on the Natural Resources Committee, legislation is to increase from 25 to 30 the Nations Council, Inc., of the Boy Scouts of Representative DAN BOREN. number of members who may serve on the America (in this section referred to as the The legislation directs the Secretary Board of Directors of the National Fish and ‘‘Council’’) all right, title, and interest of the of Agriculture to convey 140 acres of United States in and to certain National Forest Wildlife Foundation. public land in Oklahoma, administered System land in the Ouachita National Forest in by the United States Forest Service, to The National Fish and Wildlife Foundation the State of Oklahoma consisting of approxi- was created by Congress in 1984. Since that mately 140 acres, depending on the final meas- the Indian Nations Council of the Boy time, it has financed more than 9,500 con- urement of the road set back and the actual size Scouts of America. The Boy Scouts servation projects throughout the United of the affected sections, as more fully described will use this land to expand their exist- States and in other countries. By using a part- in subsection (c). The conveyance may not in- ing camping. The Boy Scouts will pay nership and challenge grant approach, the clude any land located within the Indian Na- a fair market value for the land. Foundation has provided $1.3 billion in critical tions National Scenic and Wildlife Area des- Madam Speaker, I want to commend ignated by section 10 of the Winding Stair our colleague and friend, Representa- funding to accomplish its strategic goals of Mountain National Recreation and Wilderness tive BOREN, for his work on this bill. I sustaining, restoring and enhancing fish, wild- Area Act (16 U.S.C. 460vv–8). life and plant populations and their essential (c) COVERED LANDS.—The National Forest support the passage of H.R. 2675, as habitat. System land to be conveyed under subsection (b) amended. Under current law, the Secretary of the Inte- is depicted on the map entitled ‘‘Boy Scout I reserve the balance of my time. rior may appoint up to 25 individuals to serve Land Request–Ouachita NF’’. The map shall be Mr. BISHOP of Utah. Madam Speak- on the Foundation’s Board of Directors. The on file and available for public inspection in the er, I yield myself such time as I may members of this Board have expertise in fish, Forest Service Regional Office in Atlanta, Geor- consume. gia. wildlife and natural resource conservation; I rise in support of H.R. 2675, and we (d) CONSIDERATION.—As consideration for the are pleased to support this legislation they serve as conservation Ambassadors land conveyed under subsection (b), the Council throughout the world; they review and approve shall pay to the Secretary an amount equal to that will help the young men of Okla- projects submitted to the Foundation and they the fair market value of the land, as determined homa by allowing the Boy Scouts of raise funds for the operation of this highly suc- by an appraisal approved by the Secretary and America to expand their summer camp cessful organization. done in conformity with the Uniform Appraisal within the forest to accommodate the By increasing the size of the Board, we will Standards for Federal Land Acquisitions and fast-growing number of campers. This greatly enhance the Foundation’s ability to fi- section 206 of the Federal Land Policy and speaks volumes about the excellent or- nance additional meritorious projects in the fu- Management Act of 1976 (43 U.S.C. 1716). ganization that is the Boy Scouts of (e) USE OF PROCEEDS.—The consideration re- America, and we compliment Rep- ture. ceived under subsection (d) shall be deposited in I urge my colleagues to vote ‘‘yea’’ on H.R. the fund established by Public Law 90–171 (com- resentative BOREN on his efforts. Hope- 3891. monly known as the ‘‘Sisk Act’’; 16 U.S.C. 484a). fully this land conveyance will ease Mr. ABERCROMBIE. Madam Speak- The amount so deposited shall be available to some of the pain the scouting commu- er, I yield back the balance of my time. the Secretary, without further appropriation, nity suffered when Congressman BOREN

VerDate Aug 31 2005 01:49 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.016 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1785 left the Scouts shortly before attaining Mr. BISHOP of Utah. Madam Speak- GENERAL LEAVE the rank of tenderfoot. er, on that I demand the yeas and nays. Mr. ABERCROMBIE. Madam Speak- I want to thank Chairman RAHALL The yeas and nays were ordered. er, I ask unanimous consent that all and the professional staff for moving The SPEAKER pro tempore. Pursu- Members have 5 legislative days which this bill along expeditiously, and thank ant to clause 8 of rule XX and the to revise and extend their remarks and my friend from Hawaii for his efforts Chair’s prior announcement, further include extraneous material on the bill on this particular legislation, and proceedings on this motion will be under consideration. thank the gentleman from Oklahoma postponed. The SPEAKER pro tempore. Is there for having a wonderful bill. I urge f objection to the request of the gen- Members to support this particular leg- tleman from Hawaii? islation. UTAH NATIONAL GUARD There was no objection. Mr. BOREN. Madam Speaker, I rise today READINESS ACT Mr. ABERCROMBIE. Madam Speak- in strong support for H.R. 2675, the HALE Mr. ABERCROMBIE. Madam Speak- er, I yield myself such time as I may Scouts Act. This bill would grant the U.S. For- er, I move to suspend the rules and consume. est Service authority to sell roughly 140 acres pass the bill (H.R. 3651) to require the Madam Speaker, H.R. 3651 was intro- of land to the Indian Nations Council of Boy conveyance of certain public land with- duced by the ranking member on the Scouts, which is adjacent to the Scout’s sum- in the boundaries of Camp Williams, National Parks, Forests and Public mer camp, Camp Tom Hale located in Utah, to support the training and read- Lands Subcommittee, Representative Talihina, OK. The Council is a nonprofit orga- iness of the Utah National Guard, as BISHOP. The legislation directs the Sec- nization providing educational programs for amended. retary of the Interior to convey certain boys and young adults to build character, to The Clerk read the title of the bill. identified public lands to the State of train in the responsibilities of citizenship, and The text of the bill is as follows: Utah for use by the Utah National to develop personal fitness, H.R. 3651 Guard. The land would revert to the The camp first opened in June 1930 to Be it enacted by the Senate and House of Rep- United States should it ever cease to be serve Boy Scouts in the McAlester, Oklahoma resentatives of the United States of America in used by the National Guard. area. It was originally located at what is now Congress assembled, Madam Speaker, I want to commend Robbers Cave State Park near Wilburton, SECTION 1. SHORT TITLE. my colleague and friend, Representa- Oklahoma. In 1963, the Boy Scout Council in This Act may be cited as the ‘‘Utah National tive BISHOP, for his leadership in this McAlester worked with the State of Oklahoma Guard Readiness Act’’. matter and his willingness to work and the U.S. Forest Service to exchange the SEC. 2. LAND CONVEYANCE, CAMP WILLIAMS, with the committee to resolve issues UTAH. raised in earlier consideration of the camp at Robbers Cave for 480 acres of wil- (a) CONVEYANCE REQUIRED.—Not later than derness area in the Ouachita National Forest. 120 days after the date of the enactment of this legislation. I am sure that I speak for This ‘‘new’’ Camp Hale has continued as a Act, the Secretary of the Interior, acting Chairman RAHALL in that regard, and summer adventure camp serving thousands of through the Bureau of Land Management, shall most certainly his fellow members on scouts during the intervening 41 years. In convey, without consideration, to the State of the Resources Committee. Therefore, I 1997, the Council board developed a strategic Utah all right, title, and interest of the United have no objection to the passage of plan for a $3.5 million expansion and renova- States in and to certain lands comprising ap- H.R. 3651; and, in fact, enthusiastically proximately 431 acres, as generally depicted on tion of the camp. Since then, the Council has endorse it. a map entitled ‘‘Proposed Camp Williams Land I reserve the balance of my time. spent in excess of $1 million continually updat- Transfer’’ and dated March 7, 2008, which are ing and expanding facilities to meet the needs Mr. BISHOP of Utah. Madam Speak- located within the boundaries of the public er, I yield myself such time as I may of scouts. As a result, a renewed emphasis on lands currently withdrawn for military use by wilderness and the outdoors has flourished, the Utah National Guard and known as Camp consume. with over 6,000 scouts and leaders from a five Williams, Utah, for the purpose of permitting H.R. 3651, the Utah National Guard state area attending weekly sessions offered the Utah National Guard to use the conveyed Readiness Act, was cosponsored by the in June and July and enjoying the beautiful land as provided in subsection (c). entire Utah delegation. There are only (b) REVOCATION OF EXECUTIVE ORDER.—Exec- Ouachita Forest. Attendance has now exceed- three of us, but we all agreed. So Mr. utive Order 1922 of April 24, 1914, as amended by MATHESON, Mr. CANNON, and I are spon- ed the maximum number of available camp- section 907 of the Camp W.G. Williams Land Ex- sites and program areas, which is causing soring this bill, as requested by the Ad- change Act of 1989 (title IX of Public Law 101– jutant General of the Utah National Camp Hale to begin turning away hundreds of 628; 104 Stat. 4501), shall be revoked, only inso- scouts each summer. far as it affects the lands identified for convey- Guard as well as the Governor of the It is now critical for camp growth that the ance to the State of Utah under subsection (a). State of Utah, in order to address the boundaries be extended to include more area (c) REVERSIONARY INTEREST.—The lands con- long-term growing pains of the Na- for camping and additional program and train- veyed to the State of Utah under subsection (a) tional Guard at their Camp Williams ing services. Successful completion of this ob- shall revert to the United States if the Secretary headquarters. of the Interior determines that the land, or any The Utah National Guard has run out jective will allow the Boy Scouts to continue portion thereof, is sold or attempted to be sold, the expansion of outdoor and leadership train- of State-controlled land on which to or that the land, or any portion thereof, is used expand and build and support its vital ing for thousands of youth living in the Central for non-National Guard or non-national defense Southwest and bring additional usage and en- purposes. Any determination by the Secretary of national guard and national defense joyment of the Ouachita Forest to more fami- the Interior under this subsection shall be made missions. lies. I greatly appreciate this body’s consider- in consultation with the Secretary of Defense The lands transferred under this act ation of this measure, and urge my colleagues and the Governor of Utah and on the record are already withdrawn from military support. after an opportunity for comment. use by the Guard from the Bureau of Mr. BISHOP of Utah. Madam Speak- (d) HAZARDOUS MATERIALS.—With respect to Land Management. So placing the land er, I have no further speakers, and I any portion of the land conveyed under sub- in the State’s name for use by the Na- section (a) that the Secretary of the Interior de- tional Guard will allow for the consoli- yield back the balance of my time. termines is subject to reversion under subsection Mr. ABERCROMBIE. Madam Speak- (c), if the Secretary of the Interior also deter- dation of ownership patterns in the er, I can’t spot any more tenderfeet on mines that the portion of the conveyed land critical headquarters area, and allow the floor, and so we will yield back our contains hazardous materials, the State of Utah the State of Utah to bond for future time as well. shall pay the United States an amount equal to Guard facilities in a more streamlined The SPEAKER pro tempore. The the fair market value of that portion of the and cost-effective manner. question is on the motion offered by land, and the reversionary interest shall not I thank the chairman of our com- the gentleman from Hawaii (Mr. ABER- apply to that portion of the land. mittee, Mr. RAHALL, and his staff, for CROMBIE) that the House suspend the The SPEAKER pro tempore. Pursu- working on this bill and moving it for- rules and pass the bill, H.R. 2675, as ant to the rule the gentleman from Ha- ward. I also thank the subcommittee amended. waii (Mr. ABERCROMBIE) and the gen- chairman, Mr. GRIJALVA, for his assist- The question was taken. tleman from Utah (Mr. BISHOP) each ance and that of the subcommittee pro- The SPEAKER pro tempore. In the will control 20 minutes. fessional staff. opinion of the Chair, two-thirds being The Chair recognizes the gentleman In this day and age, we are asking in the affirmative, the ayes have it. from Hawaii. the National Guardsmen to do more

VerDate Aug 31 2005 01:49 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.019 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1786 CONGRESSIONAL RECORD — HOUSE March 31, 2008 and more heavy lifting for our Nation’s gram’’ or ‘‘LCR MSCP’’ means the cooperative brought forward to the body as a whole defense and in deploying overseas in effort on the Lower Colorado River between in a way that advances the public in- armed conflict. At the same time, we Federal and non-Federal entities in Arizona, terest. are asking them to also be on the California, and Nevada approved by the Sec- With that, Madam Speaker, I reserve retary of the Interior on April 2, 2005. frontlines in protect the homeland, and (2) LOWER COLORADO RIVER.—The term the balance of my time. also to be there for our States and ‘‘Lower Colorado River’’ means the Colorado Mr. BISHOP of Utah. Madam Speak- communities in times of emergency or River from Lake Mead to the Southerly Inter- er, I yield myself such time as I may natural disasters. We ask a lot of them, national Boundary with Mexico, including its consume. and they deliver. historic floodplain and its mainstem reservoirs This particular bill helps solve the This bill will allow our Utah Na- to their full pool elevations. conundrum that we face in the protec- tional Guard to support its future mis- (3) SECRETARY.—The term ‘‘Secretary’’ means tion and conservation of certain spe- the Secretary of the Interior. sion growth in meeting these chal- cies: For example, the bony-tailed (4) STATES.—The term ‘‘States’’ means each of lenges. It is a small thing for us to be the States of Arizona, California, and Nevada. chub, the razorback sucker, and the humpback chub. able to help them down the road in SEC. 3. IMPLEMENTATION AND WATER ACCOUNT- meeting their obligations. I thank my ING. H.R. 2515, introduced by Dean Heller colleagues for consideration of this (a) IN GENERAL.—The Secretary is authorized of Nevada and Harry Mitchell of Ari- bill, and I strongly urge its adoption. to participate in the Lower Colorado River zona, is an amended bipartisan meas- I reserve the balance of my time. Multi-Species Conservation Program. ure aimed at protecting endangered Mr. ABERCROMBIE. Madam Speak- (b) WATER ACCOUNTING.—The Secretary is au- species while keeping the waters run- er, as a member of the Armed Services thorized to enter into an agreement with the ning and the lights on for consumers in States providing for the use of water from the the Southwest. Committee, and as chairman of the Air Lower Colorado River for habitat creation and Land Subcommittee of that com- maintenance. As amended at the committee level, this bill has been scaled back, but still mittee, I particularly want to com- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. mend Mr. BISHOP for his remarks re- (a) IN GENERAL.—There is authorized to be codifies a very popular multi-species garding the National Guard deploy- appropriated to the Secretary such sums as may habitat conservation plan on the Lower ments and our obligations to them. be necessary to participate in the Lower Colo- Colorado River. I note that some water And in recognition of that, I would like rado River Multi-Species Conservation Program, and power supply organizations sup- his remarks to be incorporated as my to remain available until expended. port key provisions taken out by the own with regard to his bill. With his (b) NONREIMBURSABLE AND NONRETURN- majority. However, in the interest of ABLE.—All amounts appropriated to and ex- moving this bill forward, they support permission I would like to do that. pended by the Secretary for the LCR MSCP Mr. BISHOP of Utah. I think the gen- shall be nonreimbursable and nonreturnable. the passage of this bill with the hope tleman from Hawaii could have done it that the final bill signed into law will The SPEAKER pro tempore. Pursu- better resemble the original legisla- much more artfully than I did, but I ant to the rule, the gentleman from will be happy to allow him to do that. tion. Hawaii (Mr. ABERCROMBIE) and the gen- Mr. ABERCROMBIE. Madam Speak- At a time when our water supply is tleman from Utah (Mr. BISHOP) each being diminished due to a number of er, I yield back the balance of my time. will control 20 minutes. Mr. BISHOP of Utah. I yield back the factors, this bill—although somewhat The Chair recognizes the gentleman incomplete—is still a win-win for our balance of my time. from Hawaii. The SPEAKER pro tempore. The water and power consumers. GENERAL LEAVE question is on the motion offered by I have no additional speakers, and I Mr. ABERCROMBIE. Madam Speak- the gentleman from Hawaii (Mr. ABER- am prepared to yield back the balance er, I ask unanimous consent that all CROMBIE) that the House suspend the of my time. rules and pass the bill, H.R. 3651, as Members have 5 legislative days to re- Mr. ABERCROMBIE. Madam Speak- amended. vise and extend their remarks and in- er, I observed that Mr. BISHOP was The question was taken; and (two- clude extraneous material on the bill looking directly at me when he recited, thirds being in the affirmative) the under consideration. with a look that I can only determine rules were suspended and the bill, as The SPEAKER pro tempore. Is there as ‘‘gleeful,’’ he cited the razorback amended, was passed. objection to the request of the gen- sucker and the bonytail chub. I am not A motion to reconsider was laid on tleman from Hawaii? sure whether I was being categorized the table. There was no objection. by him in the sucker category or the Mr. ABERCROMBIE. Madam Speak- chub category, or he was gazing at me f er, I yield myself such time as I may metaphorically. LOWER COLORADO RIVER MULTI- consume. Do you suppose he might be able to SPECIES CONSERVATION PRO- Madam Speaker, H.R. 2515, as intro- answer that for me. GRAM ACT duced by our colleague and friend, Rep- Mr. BISHOP of Utah. Will the gen- Mr. ABERCROMBIE. Madam Speak- resentative Dean Heller, would author- tleman yield? er, I move to suspend the rules and ize the Secretary of the Interior to par- Mr. ABERCROMBIE. I will yield. pass the bill (H.R. 2515) to authorize ap- ticipate in the multi-species habitat Mr. BISHOP of UTAH. I have cer- propriations for the Bureau of Rec- conservation plan on the lower 400 tainly never thought of the gentleman lamation to carry out the Lower Colo- miles of the Colorado River. The States as either a razorback or a bonytail. rado River Multi-Species Conservation of Nevada, Arizona and California, Mr. ABERCROMBIE. Thank you very Program in the States of Arizona, Cali- along with several major water dis- much. fornia, and Nevada, and for other pur- tricts, are participants and funding Madam Speaker, it is now clear for poses, as amended. partners in this program. me. As amended, this legislation is not The Clerk read the title of the bill. Madam Speaker, I yield back the bal- controversial and should be supported. The text of the bill is as follows: ance of my time. And I might say, Madam Speaker, ex- The SPEAKER pro tempore. The H.R. 2515 hibits the multiple responsibilities of question is on the motion offered by Be it enacted by the Senate and House of Rep- the Resources Committee and the real- the gentleman from Hawaii (Mr. ABER- resentatives of the United States of America in ly extraordinary complications and de- Congress assembled, CROMBIE) that the House suspend the tails that have to be considered when rules and pass the bill, H.R. 2515, as SECTION 1. SHORT TITLE. such legislation comes forward. It is a This Act may be cited as the ‘‘Lower Colorado amended. River Multi-Species Conservation Program Act’’. tribute to the staffs of the members on The question was taken; and (two- the committee, and most particularly SEC. 2. DEFINITIONS. thirds being in the affirmative) the In this Act: the professional staff of the Resources rules were suspended and the bill, as (1) LOWER COLORADO RIVER MULTI-SPECIES Committee, that this legislation is able amended, was passed. CONSERVATION PROGRAM.—The term ‘‘Lower to be compiled, understood and com- A motion to reconsider was laid on Colorado River Multi-Species Conservation Pro- prehended by the members, and then the table.

VerDate Aug 31 2005 01:49 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.021 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1787 b 1500 Blue Star Day’’ as a means for individuals Colorectal cancer is a silent killer and corporations to raise awareness of the which often causes no symptoms until SUPPORTING THE OBSERVANCE OF importance of screening for colon cancer; it reaches the latest stages. Colorectal COLORECTAL CANCER AWARE- Whereas greater awareness of this cancer screenings save lives by catching the NESS MONTH and the means to prevent it will save the lives of tens of thousands of Americans each disease in its earlier stages. If detected Mr. WYNN. Madam Speaker, I move year; and at an early stage, the 5-year survival to suspend the rules and agree to the Whereas observing a Colorectal Cancer rate for colorectal cancer is 90 percent. concurrent resolution (H. Con. Res. 302) Awareness Month during the month of If it is not detected until the later supporting the observance of March would provide a special opportunity stage, the 5-year survival rate plum- Colorectal Cancer Awareness Month, to offer education on the importance of early mets to just 10 percent. and for other purposes. detection and screening: Now, therefore, be This tragedy disproportionately af- The Clerk read the title of the con- it Resolved by the House of Representatives (the fects minorities, particularly African current resolution. Senate concurring), That the Congress— Americans, who are less likely to have The text of the concurrent resolution (1) supports the observance of Colorectal access to health insurance or see a doc- is as follows: Cancer Awareness Month in order to provide tor on a regular basis. As a result, Afri- H. CON. RES. 302 a special opportunity to offer education on can Americans are diagnosed later and Whereas colorectal cancer is the second the importance of early detection and are 40 percent more likely to die from most common cause of cancer deaths for men screening; the disease. In 2007, 1,600 cases of and women in the United States; (2) recognizes and applauds the national colorectal cancer occurred among Afri- Whereas colorectal cancer affects men and and community organizations for their work in promoting awareness about colorectal can Americans. women equally; Hoping to repeat the success of the Whereas more than 148,810 people in the cancer, providing information on the impor- tance of prevention and early detection red ribbon in symbolizing AIDS and the United States will be diagnosed with colon pink ribbon in symbolizing breast can- cancer this year; through regular screening, and facilitating Whereas over 49,960 people in the United access to treatment for its sufferers; and cer, the National Colorectal Cancer States will die from colon cancer this year; (3) urges organizations and health practi- Roundtable has selected a blue star to Whereas every 3.5 minutes, someone is di- tioners to ‘‘earn a Blue Star’’ by using this symbolize the fight against colorectal agnosed with colorectal cancer and every 9 opportunity to promote awareness about cancer. The star serves a dual purpose; minutes someone dies from colorectal can- colorectal cancer and to support early iden- it recognizes the eternal memory of tification and removal of pre-cancerous pol- cer; those people whose lives have already Whereas every 5 seconds someone who yps, detectable only through colorectal can- cer screenings. been lost to the disease, and it is a should be screened for colorectal cancer is shining hope for a future free of colon not; The SPEAKER pro tempore. Pursu- Whereas the vast majority of colon cancer ant to the rule, the gentleman from cancer. deaths can be prevented through proper Maryland (Mr. WYNN) and the gen- This resolution recognizes the impor- screening and early detection; tleman from Texas (Mr. BURGESS) each tant work that national and commu- Whereas the survival rate of individuals will control 20 minutes. nity organizations have already done who have colorectal cancer is 90 percent The Chair recognizes the gentleman in promoting awareness about when detected in the early stages versus from Maryland. colorectal cancer, including the cre- only a 10 percent survival rate when GENERAL LEAVE ation of Earn a Blue Star day. colorectal cancer is diagnosed after it has Additionally, the resolution encour- spread to distant organs; Mr. WYNN. Madam Speaker, I ask Whereas only 39 percent of colorectal can- unanimous consent that all Members ages organizations and health care cer patients have their cancers detected at may have 5 legislative days to revise practitioners to earn a blue star by an early stage; and extend their remarks and include supporting early identification and re- Whereas uninsured Americans are more extraneous material on the resolution moval of precancerous polyps. likely to be diagnosed with late stage colon under consideration. Recognizing March as Colorectal cancer than patients with private insurance; The SPEAKER pro tempore. Is there Cancer Awareness Month provides us a Whereas only 18.8 percent of those without objection to the request of the gen- special opportunity to focus on edu- health coverage in the United States have tleman from Maryland? cation about screening and early detec- currently been properly screened for tion. As we continue to work to find a colorectal cancer; There was no objection. Whereas if the majority of Americans age Mr. WYNN. Madam Speaker, I yield cure for colorectal cancer, it is vital 50 or older were screened regularly for myself such time as I may consume. that we work together to increase colorectal cancer, the death rate from this I rise today in strong support of H. awareness about screening in order to disease could plummet by up to 80 percent; Con. Res. 302. This bill does three prevent the disease from reaching its Whereas regular colorectal cancer screen- things: First, it calls for the designa- deadly conclusion. ing has been ranked as one of the most cost tion of March as Colorectal Cancer Before I conclude, I want to thank effective screening interventions available, Awareness Month. Second, it recog- my colleagues, Representative KAY with the potential to save more than 30,000 nizes national and community organi- GRANGER and Representative PATRICK lives a year; Whereas treatment costs for colorectal zations for their work in promoting the KENNEDY, for their leadership on this cancer are extremely high, estimated at importance of prevention and early de- issue. Although Representative GRANG- $8,400,000,000 for 2004; tection through regular colorectal ER could not be here today, I know that Whereas increasing the number of people screenings. Third, it urges organiza- she cares very deeply about this issue between the ages of 50 years and 64 years of tions and health practitioners to ‘‘earn and has worked hard to bring this reso- age who are regularly screened in the United a Blue Star’’ by using this opportunity lution to the floor. States, would provide significant savings in to increase awareness about colorectal I now want to urge my colleagues to billions of dollars to the Medicare program cancer. And I will talk more about the join me in support of the adoption of from cancer prevention and treatment costs; this resolution. Whereas the Blue Star, developed by the blue star in just a minute. Members of the National Colorectal Cancer But first let me note that colorectal Madam Speaker, I reserve the bal- Roundtable, the American Cancer Society, cancer is the third most common type ance of my time. the Colon Cancer Alliance, and C3: of cancer and the second most deadly. Mr. BURGESS. Madam Speaker, I Colorectal Cancer Coalition represents the Approximately 148,000 Americans will yield myself so much time as I may collective fight against colon cancer, the be diagnosed with colorectal cancer consume. eternal memory of the people whose lives this year, and 49,000 will die from the Madam Speaker, colorectal cancer is have already been lost to the disease, and disease. the third most commonly diagnosed the shining hope for a future free of colon Every 3 minutes a loved one is diag- cancer. It’s the second most common cancer; nosed with colorectal cancer. Every 9 cause of cancer deaths in the United Whereas Coaches vs. Cancer (a partnership between the American Cancer Society and minutes a loved one dies from the dis- States; clearly a major player in our the National Association of Basketball ease. Every 5 seconds a loved one who cancer burden here in this country. Coaches), the Colon Cancer Alliance, and should be screened for colorectal can- Every 31⁄2 minutes someone is diag- Ethicon Endo-Surgery have created ‘‘Earn a cer is not. nosed with colorectal cancer. Every 9

VerDate Aug 31 2005 04:01 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.026 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1788 CONGRESSIONAL RECORD — HOUSE March 31, 2008 minutes someone dies from colorectal would save billions of dollars in Medi- screening. If you’re 50 and older, you cancer. care expenditures, not to mention the need to get the screening. If you have This is a disease that affects men and thousands of lives that would be it in your family, you need to get the women equally. This year, almost spared. screening. And these are the simple 150,000 new cases will be diagnosed, and The Colon Cancer Prevention, Early messages that we need to get out to almost 50,000 deaths will be caused by Detection and Treatment Act ensures the general public. And AL WYNN has colorectal cancer. The real tragedy is that people who are screened will get been the leader in this Congress in that many of these cancer cases and the full continuum of cancer care, in- making sure those messages get out to deaths do not have to happen. The vast cluding the appropriate follow-up for the public. And I want to thank KAY majority of colorectal cancer deaths abnormal tests, diagnostic and thera- GRANGER for her efforts as well in spon- can be prevented through proper peutic services, and treatment for de- soring this bill. screening and early detection. This res- tected cancers. But the fact of the matter is that we olution recognizes March as Colorectal Observing Colorectal Cancer Aware- cannot sit idly by and think that this Cancer Awareness Month. ness Month provides us with the oppor- is something that simply is a matter of My good friend from Maryland talked tunity to discuss the importance of saving dollars. I want to thank my about disparities; indeed, disparities do early detection and of screening. It friend, Mr. BURGESS, for pointing out occur. And one of the things we can do also provides us the opportunity to that we save lots of money if we screen to diminish those disparities is to talk. thank the thousands of volunteers and early. He pointed out accurately that We can talk more about this disease. the national and community organiza- the Lewin Group said that we spent And the more we encourage our family tions for their work in promoting nearly $8.5 billion just this last year and friends, our neighbors to get awareness of this disease. Groups like treating colorectal cancer. Two-thirds screened, the more lives we can, in the Prevent Cancer Foundation, the of that will be paid by the Federal Gov- fact, save. National Colorectal Cancer Society ernment; two-thirds will be paid by our But recognizing Colorectal Cancer Roundtable, the American Cancer Soci- taxpayers. And imagine if we had Awareness Month is not enough. We do ety, the Colon Cancer Alliance, and C3: screening, we could avoid that cost. If need to increase Federal funding for Colorectal Cancer Coalition, these we had screening, the cost of a screen- early detection and screening. So, groups have created the ‘‘Earn a Blue ing could avoid all the heavy expenses along with Congressman WYNN, Rep- Star Day’’ as a way for individuals and of that treatment. But imagine all the resentative GRANGER has introduced a corporations to raise awareness of the lives that it will save? Imagine all the bill that would authorize funding for importance of screening for this can- fathers and mothers and sons and early detection screenings and make cer. daughters and brothers and sisters who preventive care a priority. Specifically, I encourage my colleagues in the would be spared the awful trauma of the Colorectal Cancer Prevention, House to ‘‘earn a blue star’’ by using having to be treated with cancer. Early Detection and Treatment Act, this opportunity to promote awareness This is the right thing to do. It’s not H.R. 738, would establish a national of colon cancer and to support early de- only the right thing to do, you know, screening program for colorectal can- tection and screening. financially, which should be a no- cer for individuals over 50 years of age Madam Speaker, I reserve the bal- brainer for us in Congress, we’re look- and/or who are at high risk. It would ance of my time. ing for ways to save money, this is a also authorize State funding for these Mr. WYNN. Madam Speaker, I am money saver, but this is the right thing screenings, and it would create a public pleased to yield 5 minutes to the gen- to do for our people in terms of saving awareness and education campaign for tleman from Rhode Island (Mr. KEN- them the heartache. So, what do we colorectal cancer. NEDY). need to do? We need to cover people. Despite scientific evidence sup- Mr. KENNEDY. I would like to thank In my State of Rhode Island, we al- porting the benefits of screenings, the gentleman from Maryland for his ready mandate, our insurance coverage screenings remain low for this disease ambitious efforts on behalf of this already requires it. But unfortunately, in the United States, and every 5 sec- issue. He has been tireless on behalf of as the American Cancer Society is try- onds someone who should be screened spreading the word on the issue of pre- ing to do nationally, we have 47 million is not. When colorectal cancer is diag- vention of colorectal cancer. I can re- Americans without health insurance. nosed late, the survival rate for cancer call for many years being invited to And until we get more people covered is only 10 percent, but if it’s diagnosed participate in events where he has been with health insurance, there are going early, before spread has occurred, the out there talking about prevention and to continue to be people who fall off. survival rate is in excess of 90 percent. prevention, prevention, prevention. I That’s why this legislation is so im- Early detection and screening saves salute him for his efforts and thank portant. It sets up grants to States so lives. him for his service to our country on that we can target those who don’t If everyone over 50 years of age were behalf of this very important issue. have health insurance so that they can screened regularly for colon cancer, the He said it as clear as anyone could get the screening. If we know that they death rate for this disease could plum- say it, and that is that the most com- have colorectal cancer polyps met by 80 percent. In addition to sav- mon reason people give for why they prescreening, then we know we can get ing lives, early detection and screening have not had a colorectal cancer in there and make sure that they get clearly would save money. screening is that it wasn’t rec- the treatment early so that we’re not Treatment costs for colon cancer are ommended to them. And the most com- stuck as a society having to pay down extremely high and could be greatly re- mon reason that people die of the road for the most costly and expen- duced if mass screenings occurred. colorectal cancer is because they sive kinds of treatment through the Colon cancer treatment costs totaled haven’t been screened. So, what is the Medicare and Medicaid programs. roughly $8.5 billion for new cases in answer? The answer is we have to get So, my friends, this is something 2007. Let me say that again, almost $8.5 people to recommend that they get a that we need to do. I salute all of those billion for 2007. The costs of two-thirds screening for colorectal cancer. If they in the cancer community who have of these cancer cases are borne by the get the recommendation that they get been trying to preach this message. Medicare program. screened, then they have a 90 percent This is a message that needs to be The Lewin Group recently conducted chance of survival. It’s that simple. preached. And I think that every a comprehensive study of the potential Why are people dying of an illness month ought to be Cancer Awareness cost savings to Medicare and found that is so preventable? Because they’re Month. I’m just happy that we now fi- that every 10 years a colon cancer not being told, first, that the statistics nally are getting about focusing on an screening program will result in a sav- are what they are, that this is prevent- illness that has been too quiet, too ings of about 11⁄2 years worth of Medi- able; and two, that the professions out quiet. When you compare it to breast care expenditures. If screenings were there need to get about doing what cancer, cervical cancer, prostate can- increased among people 50 years of age they need to do to make those rec- cer, colorectal cancer screenings are and older in the United States, it ommendations that people get the the lowest of all of them, the lowest,

VerDate Aug 31 2005 02:35 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.028 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1789 because it has been the most stig- This is an important bill and I do en- Mr. WYNN. Madam Speaker, I have matized of all cancers. courage my colleagues to support this no further requests for time, and yield b 1515 bill. Have the test, find the polyp, get back the balance of my time. the cure. It’s really that simple. The SPEAKER pro tempore. The But colorectal cancer can no longer One of the problems with serving in question is on the motion offered by remain that way because too many Congress is you recognize that we move the gentleman from Maryland (Mr. people are dying as a result. so slowly on so many things. Madam WYNN) that the House suspend the Mr. BURGESS. Madam Speaker, at Speaker, there are going to be new rules and agree to the concurrent reso- this time I will reserve my time. medicines, new tests. We’re on the lution, H. Con. Res. 302. Mr. WYNN. Madam Speaker, at this threshold of great things in all areas of The question was taken. time I recognize the distinguished medicine. The study of colon cancer is The SPEAKER pro tempore. In the gentlelady from Illinois (Ms. no small part of that. opinion of the Chair, two-thirds being SCHAKOWSKY) for 2 minutes. But the reality is today there is a in the affirmative, the ayes have it. Ms. SCHAKOWSKY. Madam Speaker, test, there is a test that can be easily Mr. WYNN. Madam Speaker, on that first, I want to thank Congressman done. A cure is just around the corner I demand the yeas and nays. WYNN for his effort to bring this crit- for someone who might suffer from this The yeas and nays were ordered. ical resolution to the floor today. I’m disease. The SPEAKER pro tempore. Pursu- glad to be here to speak out in strong So I urge my colleagues to support ant to clause 8 of rule XX and the support of H. Con. Res. 302, a resolution this important legislation. I thank my Chair’s prior announcement, further to recognize March as Colorectal Can- friend from Maryland for bringing it proceedings on this motion will be cer Awareness Month. forward, and I’ll yield back the balance postponed. My family and my life, like so many of my time. f others, have been touched by someone Mr. WYNN. Madam Speaker, I’d just with cancer. Two and a half years ago, like to take a moment to thank Dr. RECESS after fighting courageously for a year, BURGESS for his support of this legisla- The SPEAKER pro tempore. Pursu- my amazing daughter-in-law, Fiona, tion. He expounded on it quite well, ant to clause 12(a) of rule I, the Chair died of colorectal cancer, leaving be- and we appreciate his support. Also Ms. declares the House in recess until ap- hind two young children, a husband GRANGER, who I indicated could not be proximately 6:30 p.m. today. and many loving family members and here. Accordingly (at 3 o’clock and 20 min- friends. At 38 years old, she died, not I particularly want to thank my col- utes p.m.), the House stood in recess having a screening, and though, in ret- leagues on the Democratic side of the until approximately 6:30 p.m. rospect, she had symptoms. Too many aisle, Ms. SCHAKOWSKY, who obviously f of us have either struggled with cancer has a tremendous personal story to tell ourselves or know of someone who has. in support of this legislation, and also b 1830 I recently saw a new study from the Mr. KENNEDY, with whom I’ve worked AFTER RECESS CDC saying that colorectal cancer test- with, and has had a tremendous passion ing has risen steadily since 2002, and in support of this measure. The recess having expired, the House this is very encouraging news. But an- Mr. GENE GREEN of Texas. Madam was called to order by the Speaker pro other study that appeared in the Jour- Speaker, I rise today in support of a resolution tempore (Mr. WELCH of Vermont) at 6 nal CANCER at the end of last year is offered by a fellow Texan, Congresswoman o’clock and 30 minutes p.m. extremely troubling to me. It shows a GRANGER, recognizing the month of March as f significant underuse of colorectal can- Colorectal Cancer Awareness Month. cer screening procedures among Medi- ANNOUNCEMENT BY THE SPEAKER There are few diagnoses that strike more PRO TEMPORE care beneficiaries. In fact, only 25 per- fear into Americans than being diagnosed with cent of Medicare beneficiaries received cancer. More than 10 million Americans cur- The SPEAKER pro tempore. Pursu- recommended screening. rently live with cancer. According to the Amer- ant to clause 8 of rule XX, proceedings Mr. WYNN. The gentlelady is granted ican Cancer Society, more than 1.4 million will resume on motions to suspend the an additional 30 seconds. new cancer cases will be diagnosed this year. rules previously postponed. Ms. SCHAKOWSKY. In fact, only 25 In the United States, colorectal cancer is the Votes will be taken in the following percent of Medicare patients received fourth most common cancer in men and order: recommended screening during the women. If it is caught early, it is often curable. H.R. 3352, by the yeas and nays; study period. Regular colorectal cancer screening or testing H.R. 2675, by the yeas and nays; We have to do better. We must work is one of the best ways to prevent colorectal H. Con. Res. 302, by the yeas and to expand public education and under- cancer. nays. standing of the benefits of screening. Once abnormal cells start to grow, it takes The first electronic vote will be con- Congress needs to make it a priority to approximately 10 to 15 years to develop into ducted as a 15-minute vote. Remaining reduce the amount of out-of-pocket- colorectal cancer. Regular colorectal cancer electronic votes will be conducted as 5- costs associated with cancer screening screening can prevent colorectal cancer alto- minute votes. to ensure that those who may be at gether because some polyps and growths are f risk of developing colorectal cancer get identified and removed before they turn into HYDROGRAPHIC SERVICES IM- screened. And as the richest country in cancer. Screening can also result in finding PROVEMENT ACT AMENDMENTS the world, we need to act to make sure colorectal cancer early, when it is highly cur- OF 2008 that everyone gets the medical care able. they need. Houston’s MD Anderson Cancer Center is The SPEAKER pro tempore. The un- You’ve heard the statistics. If caught located near my district so I have seen the ef- finished business is the vote on the mo- early the survival rate is 90 percent; if fectiveness of research and treatments that tion to suspend the rules and pass the not, it’s only 10 percent. have come from investment in cancer re- bill, H.R. 3352, as amended, on which Through the establishment of search programs. However, the easiest way to the yeas and nays were ordered. Colorectal Cancer Awareness Month we prevent, treat, and recover from cancer is to The Clerk read the title of the bill. will add to the over one million find it early. The SPEAKER pro tempore. The colorectal cancer survivors living in That is why recognizing the month of March question is on the motion offered by America today. as Colorectal Cancer Awareness Month is im- the gentleman from Hawaii (Mr. ABER- I urge my colleagues to support this portant. Letting people know that they should CROMBIE) that the House suspend the wonderful resolution, and I thank the be regularly tested for colorectal cancer is the rules and pass the bill, H.R. 3352, as gentleman for introducing it. first step in saving lives. amended. Mr. BURGESS. Madam Speaker, I I want to thank my colleague, Representa- The vote was taken by electronic de- will yield myself 1 minute for the pur- tive GRANGER, and urge my colleagues to sup- vice, and there were—yeas 308, nays 60, pose of closing. port this resolution. not voting 62, as follows:

VerDate Aug 31 2005 04:01 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.029 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1790 CONGRESSIONAL RECORD — HOUSE March 31, 2008 [Roll No. 147] Walsh (NY) Weiner Woolsey Baca Emanuel Lucas Walz (MN) Welch (VT) Wu Bachus Emerson Lungren, Daniel YEAS—308 Wasserman Wexler Wynn Baird Engel E. Abercrombie Filner Meeks (NY) Schultz Wilson (NM) Yarmuth Baldwin English (PA) Lynch Ackerman Forbes Melancon Waters Wilson (OH) Young (AK) Barrett (SC) Eshoo Mack Alexander Fortenberry Mica Watson Wittman (VA) Young (FL) Barrow Everett Mahoney (FL) Allen Foster Michaud Watt Wolf Bartlett (MD) Fallin Maloney (NY) Altmire Frank (MA) Miller (MI) NAYS—60 Barton (TX) Farr Manzullo Andrews Frelinghuysen Miller (NC) Bean Fattah Marchant Arcuri Gallegly Miller, Gary Aderholt Garrett (NJ) Moran (KS) Becerra Feeney Markey Baca Gerlach Miller, George Akin Gingrey Myrick Berkley Ferguson Matheson Bachus Giffords Mitchell Barrett (SC) Goode Neugebauer Berman Filner Matsui Baird Gillibrand Moore (KS) Bartlett (MD) Hastings (WA) Paul Berry Flake McCarthy (CA) Baldwin Gohmert Murphy (CT) Barton (TX) Hensarling Pence Biggert Forbes McCarthy (NY) Barrow Goodlatte Murphy, Patrick Blackburn Hoekstra Pitts Bilbray Fortenberry McCaul (TX) Bean Gordon Murphy, Tim Brady (TX) Inglis (SC) Poe Bilirakis Foster McCollum (MN) Becerra Graves Musgrave Broun (GA) Issa Price (GA) Bishop (GA) Foxx McCotter Berkley Green, Al Nadler Burton (IN) Johnson, Sam Royce Bishop (NY) Franks (AZ) McCrery Berman Green, Gene Napolitano Campbell (CA) Jordan Ryan (WI) Bishop (UT) Frelinghuysen McDermott Berry Hall (NY) Nunes Carter King (IA) Sali Blackburn Gallegly McGovern Biggert Hall (TX) Oberstar Chabot Kline (MN) Sensenbrenner Blumenauer Garrett (NJ) McHenry Bilbray Harman Obey Conaway Lamborn Sessions Blunt Gerlach McHugh Bilirakis Hastings (FL) Olver Culberson Linder Stearns Boehner Giffords McIntyre Bishop (GA) Hayes Ortiz Deal (GA) Mack Sullivan Bonner Gillibrand McKeon Bishop (NY) Heller Pallone Duncan Manzullo Tancredo Bono Mack Gingrey McMorris Bishop (UT) Herger Pascrell Everett Marchant Tiberi Boozman Gohmert Rodgers Blumenauer Herseth Sandlin Pastor Flake McCaul (TX) Wamp Boren Goode McNerney Bonner Higgins Payne Foxx McHenry Westmoreland Boswell Goodlatte McNulty Bono Mack Hill Pearce Franks (AZ) Miller (FL) Wilson (SC) Boucher Gordon Meek (FL) Boozman Hinojosa Perlmutter NOT VOTING—62 Boustany Graves Meeks (NY) Boren Hirono Peterson (MN) Boyd (FL) Green, Al Melancon Boswell Hodes Petri Bachmann Grijalva Rangel Boyda (KS) Green, Gene Mica Boucher Holden Platts Blunt Gutierrez Reynolds Brady (PA) Hall (NY) Michaud Boustany Holt Porter Boehner Hare Rohrabacher Brady (TX) Hall (TX) Miller (FL) Boyd (FL) Hooley Price (NC) Braley (IA) Hinchey Rothman Broun (GA) Harman Miller (MI) Brown, Corrine Hobson Boyda (KS) Hoyer Putnam Rush Brown (SC) Hastings (FL) Miller (NC) Cannon Honda Brady (PA) Hunter Radanovich Sanchez, Loretta Brown-Waite, Hastings (WA) Miller, Gary Cantor Hulshof Brown (SC) Inslee Rahall Sarbanes Ginny Hayes Miller, George Coble Jefferson Brown-Waite, Israel Ramstad Shadegg Buchanan Heller Mitchell Conyers Johnson (GA) Ginny Jackson (IL) Regula Shuler Burgess Hensarling Moore (KS) Cubin Kind Buchanan Jackson-Lee Rehberg Stark Burton (IN) Herger Moran (KS) Burgess (TX) Reichert Davis (IL) Kingston Sutton Butterfield Herseth Sandlin Murphy (CT) Butterfield Johnson (IL) Renzi DeGette Marshall Tauscher Buyer Higgins Murphy, Patrick Buyer Johnson, E. B. Reyes Dicks Mollohan Calvert Hill Murphy, Tim Calvert Jones (NC) Richardson Dingell Moore (WI) Tiahrt Camp (MI) Hinojosa Musgrave Camp (MI) Jones (OH) Rodriguez Doolittle Moran (VA) Udall (CO) Campbell (CA) Hodes Myrick Capito Kagen Rogers (AL) Etheridge Murtha Udall (NM) Cantor Hoekstra Nadler Capps Kanjorski Rogers (KY) Feeney Neal (MA) Upton Capito Holden Napolitano Capuano Kaptur Rogers (MI) Fossella Peterson (PA) Waxman Capps Holt Neugebauer Cardoza Keller Ros-Lehtinen Gilchrest Pickering Weldon (FL) Capuano Hooley Nunes Carnahan Kennedy Roskam Gonzalez Pomeroy Weller Cardoza Hoyer Oberstar Carney Kildee Ross Granger Pryce (OH) Whitfield (KY) Carnahan Obey Carson Kilpatrick Roybal-Allard Hunter Olver Castle King (NY) Ruppersberger b 1856 Carney Inglis (SC) Castor Kirk Ryan (OH) Carson Inslee Ortiz Chandler Klein (FL) Salazar Messrs. WAMP, WILSON of South Carter Israel Pallone Clarke Knollenberg Sa´ nchez, Linda Carolina, TANCREDO, BRADY of Castle Issa Pascrell Clay Kucinich T. Texas, and ISSA changed their vote Castor Jackson (IL) Pastor Cleaver Kuhl (NY) Saxton Chabot Jackson-Lee Paul from ‘‘yea’’ to ‘‘nay.’’ Chandler (TX) Payne Clyburn LaHood Schakowsky Messrs. HERGER and JONES of Cohen Lampson Schiff Clarke Johnson (IL) Pearce Cole (OK) Langevin Schmidt North Carolina changed their vote Clay Johnson, E. B. Pence Cooper Larsen (WA) Schwartz from ‘‘nay’’ to ‘‘yea.’’ Cleaver Johnson, Sam Perlmutter Costa Larson (CT) Scott (GA) So (two-thirds being in the affirma- Clyburn Jones (NC) Peterson (MN) Costello Latham Scott (VA) Cohen Jones (OH) Petri tive) the rules were suspended and the Cole (OK) Jordan Pitts Courtney LaTourette Serrano bill, as amended, was passed. Cramer Latta Sestak Conaway Kagen Platts Crenshaw Lee Shays The result of the vote was announced Conyers Kanjorski Poe Crowley Levin Shea-Porter as above recorded. Cooper Kaptur Porter Cuellar Lewis (CA) Sherman A motion to reconsider was laid on Costa Keller Price (GA) Cummings Lewis (GA) Shimkus the table. Costello Kennedy Price (NC) Davis (AL) Lewis (KY) Shuster Courtney Kildee Putnam Davis (CA) Lipinski Simpson f Cramer Kilpatrick Radanovich Davis (KY) LoBiondo Sires Crenshaw King (IA) Rahall Davis, David Loebsack Skelton HALE SCOUTS ACT Crowley King (NY) Ramstad Davis, Lincoln Lofgren, Zoe Slaughter Cuellar Kirk Regula Davis, Tom Lowey Smith (NE) The SPEAKER pro tempore. The un- Culberson Klein (FL) Rehberg DeFazio Lucas Smith (NJ) finished business is the vote on the mo- Cummings Kline (MN) Reichert Delahunt Lungren, Daniel Smith (TX) tion to suspend the rules and pass the Davis (AL) Knollenberg Renzi DeLauro E. Smith (WA) bill, H.R. 2675, as amended, on which Davis (CA) Kucinich Reyes Dent Lynch Snyder Davis (KY) Kuhl (NY) Richardson Diaz-Balart, L. Mahoney (FL) Solis the yeas and nays were ordered. Davis, David LaHood Rodriguez Diaz-Balart, M. Maloney (NY) Souder The Clerk read the title of the bill. Davis, Lincoln Lamborn Rogers (AL) Doggett Markey Space The SPEAKER pro tempore. The Davis, Tom Lampson Rogers (KY) Donnelly Matheson Spratt question is on the motion offered by Deal (GA) Langevin Rogers (MI) DeFazio Larsen (WA) Ros-Lehtinen Doyle Matsui Stupak the gentleman from Hawaii (Mr. ABER- Drake McCarthy (CA) Tanner Delahunt Larson (CT) Roskam Dreier McCarthy (NY) Taylor CROMBIE) that the House suspend the DeLauro Latham Ross Edwards McCollum (MN) Terry rules and pass the bill, H.R. 2675, as Dent LaTourette Roybal-Allard Ehlers McCotter Thompson (CA) amended. Diaz-Balart, L. Latta Royce Ellison McCrery Thompson (MS) This will be a 5-minute vote. Diaz-Balart, M. Lee Ruppersberger Ellsworth McDermott Thornberry The vote was taken by electronic de- Doggett Levin Ryan (OH) Emanuel McGovern Tierney Donnelly Lewis (CA) Ryan (WI) Emerson McHugh Towns vice, and there were—yeas 370, nays 2, Doyle Lewis (GA) Salazar Engel McIntyre Tsongas not voting 58, as follows: Drake Lewis (KY) Sali English (PA) McKeon Turner [Roll No. 148] Dreier Linder Sa´ nchez, Linda Eshoo McMorris Van Hollen Duncan Lipinski T. Fallin Rodgers Vela´ zquez YEAS—370 Edwards LoBiondo Saxton Farr McNerney Visclosky Abercrombie Akin Altmire Ehlers Loebsack Schakowsky Fattah McNulty Walberg Ackerman Alexander Andrews Ellison Lofgren, Zoe Schiff Ferguson Meek (FL) Walden (OR) Aderholt Allen Arcuri Ellsworth Lowey Schmidt

VerDate Aug 31 2005 02:35 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.031 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1791 Schwartz Space Walz (MN) [Roll No. 149] Reyes Shea-Porter Tsongas Scott (GA) Spratt Wamp Richardson Sherman Turner Scott (VA) Stearns Wasserman YEAS—371 Rodriguez Shimkus Van Hollen Sensenbrenner Stupak Rogers (AL) Shuster ´ Schultz Abercrombie Dent Lamborn Velazquez Serrano Sullivan Rogers (KY) Simpson Waters Ackerman Diaz-Balart, L. Lampson Visclosky Sessions Tancredo Rogers (MI) Sires Watson Aderholt Diaz-Balart, M. Langevin Walberg Sestak Tanner Ros-Lehtinen Skelton Watt Akin Doggett Larsen (WA) Walden (OR) Shays Taylor Roskam Slaughter Weiner Alexander Donnelly Larson (CT) Walsh (NY) Shea-Porter Terry Ross Smith (NE) Welch (VT) Walz (MN) Sherman Thompson (CA) Allen Doyle Latham Roybal-Allard Smith (NJ) Westmoreland Wamp Shimkus Thompson (MS) Altmire Drake LaTourette Royce Smith (TX) Wexler Wasserman Shuster Thornberry Andrews Dreier Latta Ruppersberger Smith (WA) Schultz Simpson Tiberi Wilson (NM) Arcuri Duncan Lee Ryan (OH) Snyder Watson Sires Tierney Wilson (OH) Baca Edwards Levin Ryan (WI) Solis Watt Skelton Towns Wilson (SC) Bachus Ehlers Lewis (CA) Salazar Souder Weiner Slaughter Tsongas Wittman (VA) Baird Ellison Lewis (KY) Sali Space Smith (NE) Turner Wolf Baldwin Ellsworth Linder Sa´ nchez, Linda Spratt Welch (VT) Smith (NJ) Van Hollen Wu Barrett (SC) Emanuel Lipinski T. Stearns Westmoreland Smith (TX) Vela´ zquez Wynn Barrow Emerson LoBiondo Saxton Stupak Wexler Smith (WA) Visclosky Yarmuth Bartlett (MD) Engel Loebsack Schakowsky Sullivan Wilson (NM) Snyder Walberg Young (AK) Barton (TX) English (PA) Lofgren, Zoe Schiff Tancredo Wilson (OH) Bean Solis Walden (OR) Young (FL) Eshoo Lowey Schmidt Tanner Wilson (SC) Souder Walsh (NY) Becerra Everett Lucas Schwartz Taylor Wittman (VA) Berkley Fallin Lungren, Daniel Scott (GA) Terry Wolf NAYS—2 Berman Farr E. Scott (VA) Thompson (CA) Woolsey Berry Fattah Lynch Wu Frank (MA) Woolsey Sensenbrenner Thompson (MS) Biggert Feeney Mack Serrano Thornberry Wynn NOT VOTING—58 Bilbray Ferguson Mahoney (FL) Sessions Tiberi Yarmuth Bilirakis Filner Maloney (NY) Sestak Tierney Young (AK) Bachmann Hirono Rohrabacher Bishop (GA) Flake Manzullo Shays Towns Young (FL) Braley (IA) Hobson Rothman Bishop (NY) Forbes Marchant Brown, Corrine Honda Rush Bishop (UT) Fortenberry Markey NOT VOTING—59 Cannon Hulshof Blackburn Sanchez, Loretta Foster Matheson Bachmann Hobson Rohrabacher Coble Jefferson Blumenauer Foxx Matsui Sarbanes Braley (IA) Honda Rothman Cubin Johnson (GA) Blunt Frank (MA) McCarthy (CA) Shadegg Brown, Corrine Hulshof Rush Davis (IL) Kind Boehner Shuler Franks (AZ) McCarthy (NY) Cannon Jefferson DeGette Kingston Bonner Sanchez, Loretta Stark Frelinghuysen McCaul (TX) Coble Johnson (GA) Dicks Marshall Bono Mack Sarbanes Sutton Gallegly McCollum (MN) Cubin Kind Dingell Mollohan Boozman Garrett (NJ) McCotter Shadegg Tauscher Davis (IL) Kingston Doolittle Moore (WI) Boren Gerlach McCrery Shuler Tiahrt DeGette Lewis (GA) Etheridge Moran (VA) Boswell Stark Giffords McDermott Dicks Marshall Fossella Murtha Udall (CO) Boucher Sutton Gillibrand McGovern Dingell Mollohan Gilchrest Neal (MA) Udall (NM) Boustany Tauscher Gingrey McHenry Doolittle Moore (WI) Gonzalez Peterson (PA) Upton Boyd (FL) Gohmert McHugh Etheridge Moran (VA) Tiahrt Granger Pickering Waxman Boyda (KS) Goode McIntyre Fossella Murtha Udall (CO) Grijalva Pomeroy Weldon (FL) Brady (PA) Goodlatte McKeon Gilchrest Neal (MA) Udall (NM) Gutierrez Pryce (OH) Weller Brady (TX) Gordon McMorris Gonzalez Peterson (PA) Upton Hare Rangel Whitfield (KY) Broun (GA) Graves Rodgers Granger Pickering Waters Hinchey Reynolds Brown (SC) Green, Al McNerney Grijalva Pomeroy Waxman Brown-Waite, Green, Gene McNulty Gutierrez Pryce (OH) Weldon (FL) Ginny Hall (NY) Meek (FL) Hare Rangel Weller b 1906 Buchanan Hall (TX) Meeks (NY) Hinchey Reynolds Whitfield (KY) Burgess Harman Melancon So (two-thirds being in the affirma- Burton (IN) Hastings (FL) Mica ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tive) the rules were suspended and the Butterfield Hastings (WA) Michaud The SPEAKER pro tempore (during bill, as amended, was passed. Buyer Hayes Miller (FL) Calvert Heller Miller (MI) the vote). Two minutes are remaining The result of the vote was announced Camp (MI) Hensarling Miller (NC) on this vote. as above recorded. Campbell (CA) Herger Miller, Gary Cantor Herseth Sandlin Miller, George A motion to reconsider was laid on Capito Higgins Mitchell b 1915 the table. Capps Hill Moore (KS) So (two-thirds being in the affirma- Stated for: Capuano Hinojosa Moran (KS) Cardoza Hirono Murphy (CT) tive) the rules were suspended and the Ms. HIRONO. Mr. Speaker, on rollcall No. Carnahan Hodes Murphy, Patrick concurrent resolution was agreed to. 148, had I been present, I would have voted Carney Hoekstra Murphy, Tim The result of the vote was announced ‘‘yea.’’ Carson Holden Musgrave Carter Holt Myrick as above recorded. Castle Hooley Nadler A motion to reconsider was laid on f Castor Hoyer Napolitano the table. Chabot Hunter Neugebauer Chandler Inglis (SC) Nunes SUPPORTING THE OBSERVANCE OF Clarke Inslee Oberstar f COLORECTAL CANCER AWARE- Clay Israel Obey NESS MONTH Cleaver Issa Olver Clyburn Jackson (IL) Ortiz COMMUNICATION FROM THE HON- The SPEAKER pro tempore. The un- Cohen Jackson-Lee Pallone ORABLE MARION BERRY, MEM- Cole (OK) (TX) Pascrell BER OF CONGRESS finished business is the vote on the mo- Conaway Johnson (IL) Pastor tion to suspend the rules and agree to Conyers Johnson, E. B. Paul The SPEAKER pro tempore laid be- the concurrent resolution, H. Con. Res. Cooper Johnson, Sam Payne fore the House the following commu- Costa Jones (NC) Pearce nication from the Honorable MARION 302, on which the yeas and nays were Costello Jones (OH) Pence ordered. Courtney Jordan Perlmutter BERRY, Member of Congress: The Clerk read the title of the con- Cramer Kagen Peterson (MN) CONGRESS OF THE UNITED STATES, current resolution. Crenshaw Kanjorski Petri HOUSE OF REPRESENTATIVES, Crowley Kaptur Pitts Washington, DC, March 14, 2008. The SPEAKER pro tempore. The Cuellar Keller Platts Hon. NANCY PELOSI, question is on the motion offered by Culberson Kennedy Poe Cummings Kildee Porter Speaker, House of Representatives, the gentleman from Maryland (Mr. Davis (AL) Kilpatrick Price (GA) Washington, DC. WYNN) that the House suspend the Davis (CA) King (IA) Price (NC) DEAR MADAM SPEAKER: This is to notify rules and agree to the concurrent reso- Davis (KY) King (NY) Putnam you formally, pursuant to Rule VIII of the lution, H. Con. Res. 302. Davis, David Kirk Radanovich Rules of the House of Representatives, that I Davis, Lincoln Klein (FL) Rahall have been served with a civil subpoena, This will be a 5-minute vote. Davis, Tom Kline (MN) Ramstad issued by the U.S. Court of Federal Claims, The vote was taken by electronic de- Deal (GA) Knollenberg Regula DeFazio Kucinich Rehberg for documents and testimony. vice, and there were—yeas 371, nays 0, Delahunt Kuhl (NY) Reichert After consultation with counsel, I have de- not voting 59, as follows: DeLauro LaHood Renzi termined that compliance with the subpoena

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.038 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1792 CONGRESSIONAL RECORD — HOUSE March 31, 2008 is consistent with the precedents and privi- and started running toward the burning vehicle to keep and bear arms shall not be in- leges of the House. as insurgents opened fire. All five wounded fringed.’’ Sincerely, soldiers from her platoon scrambled out. The second amendment confers two MARION BERRY, rights; it allows individuals to bear Member of Congress. Under this commotion, she assessed her pa- tients and moved them to a safer location be- arms, and it allows for a state militia, f cause they were still receiving incoming fire. or the National Guard. RECOGNIZING UNITED STATES The Pentagon’s official policy is to prohibit There are several reasons for the sec- ARMY SPECIALIST MONICA L. women from serving in front-line combat roles ond amendment. But notice the phrase, BROWN in the infantry, armor or artillery, but the nature ‘‘the right to bear arms.’’ This is a of the wars in Afghanistan and Iraq, with no military term. The colonists, who all (Ms. JACKSON-LEE of Texas asked real front lines, has seen women soldiers take owned firearms, were somewhat fearful and was given permission to address part in close-quarters combat more than pre- of a strong Federal Government that the House for 1 minute and to revise vious conflicts. would be oppressive and totalitarian. and extend her remarks.) According to the Army four Army nurses in So it seems they wanted the right to Ms. JACKSON-LEE of Texas. Mr. World War II were the first women to receive protect themselves, individually and Speaker, today I rise to introduce leg- the Silver Star, though three nurses serving in also collectively, through militias from islation with my colleague, RON PAUL World War I were awarded the medal post- not only outlaws but an outlaw Federal of Texas, that honors the sacrifice and humously in 2007. Sgt. Leigh Ann Hester, of Government. courage of a young Army soldier. This Nashville, Tenn., was the first to receive the As the Supreme Court decides if the happens to be Women’s History Month, Silver Star in 2005 along with two fellow male government can ban gun ownership, it and this happens to be in honor of the soldiers for her gallantry during an insurgent would do well to adopt a lower court heroic deeds of U.S. Army Specialist, ambush on a convoy in Iraq. opinion which said, ‘‘The right to bear Monica L. Brown. The Army has stated that Spec. Brown’s arms was premised on the private use I believe this legislation is especially ‘‘bravery, unselfish actions and medical aid of arms for activities such as hunting pertinent, given that March is Wom- rendered under fire saved the lives of her and self-defense; the latter being un- en’s History Month. Specialist Brown comrades and represents the finest traditions derstood as a resistance to either pri- is the first woman in Afghanistan, and of heroism in combat.’’ vate lawlessness or the depredation of only the second female soldier since This legislation is not about condoning the a tyrannical government.’’ World War II, to receive the Silver wars in Afghanistan or in Iraq. This legislation And that’s just the way it is. Star, the Nation’s third highest medal is about us supporting and honoring our f for valor. This soldier from Lake Jack- troops. It is about this Nation’s children fight- son, Texas is only 19 years old. ing for the rights of all of us in places we do CONGRATULATING THE On April 25, 2007, Specialist Brown not dare to go, under environments we cannot UNIVERSITY OF MEMPHIS TIGERS was part of a four-vehicle convoy pa- fully appreciate from this comfortable position. (Mr. COHEN asked and was given per- trolling near Jani Kheil in the eastern Spec. Brown reminds us that our youth are mission to address the House for 1 province of Paktia on April 25, 2007, fighting in this war, our mothers and daughters minute.) when a bomb struck one of the are fighting in this war, and they deserve to be Mr. COHEN. Mr. Speaker, as most ev- HUMVEES. When Specialist Brown saw recognized for their achievements. However, erybody in America knows, this is fellow soldiers were injured, she we not only recognize the sacrifice and cour- March Madness, and March Madness is grabbed her aid bag and started run- age of Spec. Brown, of even just the brave a wonderful experience when people ning toward the burning vehicle as in- acts of her fellow soldiers, marines, and air- cheer for their basketball teams and surgents opened fire, without regard to men. We must also recognize the families of watch great athletes compete for the herself. our military. Spec. Brown’s grandmother said national championship. All five wounded soldiers from her she was the proudest Grandmother in all of One of the teams competing in San platoon scrambled out. Under this com- Lake Jackson, Texas, when she learned of Antonio for the national championship motion, she assessed her patients and her granddaughter’s heroism. We should all will be the University of Memphis Ti- moved them to a safer location because be as proud of our young men and women as gers, my home university and my alma they were still receiving fire. Spec. Brown’s grandmother. In being proud of mater. We are extremely proud of the The Pentagon says that they don’t them, we are not condoning the Administra- University of Memphis. And in Ten- send women to the front lines, but in tion, we are recognizing their efforts and their nessee, it was 173 years ago that a Afghanistan and in Iraq there are no belief in what they have been tasked to do. great group of Tennesseeans, including front lines. We sit in these chambers and discuss the my predecessor from the Western Dis- She happens to be only the second idea of war, and the economic costs to the trict of Tennessee, Davy Crockett, woman to receive the Silver Star since Nation. However, our men and women in Af- went to the Alamo. This time, Mr. World War II. We honor her with this ghanistan and Iraq are dealing with the reali- Speaker, it’s going to be a different resolution, H. Con. Res. 320. ties of war everyday. story. Tennesseeans will win, have a I ask my colleagues to join me in this I am proud of Specialist Monica L. Brown, victory in San Antonio, and your Con- resolution. Texas is proud of Monica L. Brown, and this gressman who is in the House will Mr. Speaker, I rise today to introduce legis- country should be proud of Monica L. Brown. come back to the House. lation that honors the sacrifice and courage of She thought first of her fellow soldiers and not f a young Army soldier. My colleague and fellow of the harm that may come her way. Texan, Representative RON PAUL seeks to Mr. Speaker, I encourage my colleagues to SPECIAL ORDERS recognize the heroic deeds of U.S. Army Spe- join Representative RON PAUL and myself in The SPEAKER pro tempore. Under cialist Monica L. Brown. recognizing a true hero, a solider, a daughter the Speaker’s announced policy of Jan- I believe this legislation is especially perti- of Texas, with this legislation. uary 18, 2007, and under a previous nent given that March is Women’s History f order of the House, the following Mem- Month. Spec. Brown is the first woman in Af- bers will be recognized for 5 minutes ghanistan and only the second female soldier THE RIGHT TO BEAR ARMS each. since World War II to receive the Silver Star, (Mr. POE asked and was given per- f the nation’s third-highest medal for valor. This mission to address the House for 1 solider from Lake Jackson, Texas is only 19 minute.) CORPORAL SCOTT A. MCINTOSH— years old. Mr. POE. Mr. Speaker, the Bill of TEXAS WARRIOR On April 25, 2007, Specialist Brown was Rights confers liberties on individuals The SPEAKER pro tempore. Under a part of a four-vehicle convoy patrolling near to protect us from government power. previous order of the House, the gen- Jani Kheil in the eastern province of Paktia on Nowhere is this more apparent than in tleman from Texas (Mr. POE) is recog- April 25, 2007, when a bomb struck one of the the second amendment. It states, ‘‘A nized for 5 minutes. Humvees. When Spec. Brown saw her fellow well-regulated militia, being necessary Mr. POE. Mr. Speaker, the youth of soldiers were injured, she grabbed her aid bag to a free state, the right of the people our Nation have always been willing to

VerDate Aug 31 2005 03:59 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.039 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1793 volunteer and take care of the rest of opportunity to be in Iraq with our of back surgery. I’ve been patched up, us in times of war. Sometimes those troops. And Mr. Speaker, there is no and I’m going to be just fine. I’m not young men and women give their lives finer military in the long history of worried about myself. But I’m worried, for the rest of us. United States Army warfare than our troops that are in and I hope every Member of the House Corporal Scott A. McIntosh, of Hum- Iraq that proudly wear the uniform of is worried about the hundreds of thou- ble, Texas, was one of those noble few. the American fighting man. Scott sands of American soldiers and civil- He was killed in Iraq on March 10, 2008 McIntosh was among those elite fight- ians who have been injured in the con- by a suicide bomber, and he was award- ing forces. flict in Iraq. ed the Purple Heart and the Bronze Scott’s wonderful life is a huge loss Nearly 30,000, probably many, many Star. to those that were close to him. His fa- more of our brave troops have been Not only was he a loyal and coura- ther said, ‘‘My family is devastated by wounded. geous soldier, but he was a beloved son, this loss, and it is something that we Many have injuries that will rack a caring brother and a friend to many. will have to carry with us for the rest their bodies and their minds for the His life was special not just because of our lives. At the same time, how- rest of their lives. of how he died, but also because of how ever, we are bursting with pride for our Yet Vice President CHENEY said last he lived. He was both the kid next door son’s service to this country. We under- week that President Bush carries the and a proud soldier defending this Na- stand the sacrifices required to keep biggest burden of this conflict. Tell tion. this country free. And Scott was the that to the widows and widowers, Mr. He was born on February 4, 1982 in best son anyone could ever have asked Vice President. Tell that to the fami- lies who have been devastated by the Humble, Texas, and he graduated from for. I will love and cherish him for the injuries to their loved ones. Tell that Cypress High School in 2001. After try- rest of my days.’’ to the children who see their mother or ing college for a little while he decided Mr. Speaker, this is a photograph of father in a hospital bed without a limb it wasn’t ready for him, and he joined Scott McIntosh. He was a real person or with a terrible head wound. Tell the United States Army. He was as- and he was proud to wear the uniform that to the veterans who have not got- signed to the 1st Battalion, 64th Armor of the United States soldier. ten the care they need and the care Regiment, 2nd Brigade Combat Team, In a moving speech at his brother’s they deserve, the care we promised 3rd Infantry Division, in Fort Stewart, funeral, Eric told hundreds of friends Georgia. He re-enlisted for three more them. and family that he loved his big broth- One of our soldiers in Iraq, Lieuten- years when his first tour of duty was er. He thanked Scott for being such a ant Sean Walsh, wrote a piece for Time over. good friend, a good son, a great person magazine recently about the human His parents, Alex and Gwenn and the best brother anybody could McIntosh, did an excellent job raising costs of the occupation. He wrote that ever have. his fellow soldiers have become his such a fine son. His family described In a final act of sacrifice for others, family and that three of them have Scott as someone who loved people. His his family has established the Scott died. And he asked the question, ‘‘What mission in life was to meet and make McIntosh Memorial Fund. In the at- is worth the lives of three of your loved friends with every person he came in tack that took Scott’s life, four other ones?’’ It is a good question. contact with. He shared his hearty soldiers were also killed. Three of them And so I would like to ask every laugh and always had a smile to give. were married and had small children. Member of this House who supports the Scott always had a positive outlook on And the purpose of the fund will be to occupation the very same question: Is life. He loved to hunt and fish in his raise money for those kids who lost our occupation of Iraq worth the lives spare time, but most of all he loved his their fathers that were soldiers in Iraq. of three of your loved ones? family, the Army, the country he lived Even in death, the eternal spirit of We must also remember the Iraq ci- in and his life. Scott’s love and care for others will vilians who have been injured. We seem His smile matched his fun-loving per- continue. to forget them, and that is truly a dis- sonality, which carried over into every- We do not forget, as a Nation, Cor- grace. According to the best estimates, day tasks, like work, with humorous poral Scott A. McIntosh and all those anywhere from 80,000 to 150,000 civil- results. who sacrificed their lives on the altar ians have been injured. And the real Eric McIntosh described his brother’s of freedom. Scott’s memory will live on number, the real number is certainly comical attempt at being a golf caddy. in the hearts and minds of friends and much, much higher. When Scott went to work, he said, ‘‘it family, while his life will always be an What kind of health care are they, was like a scene right out of the movie inspiration to Americans. the Iraqi civilians, getting? The Inter- Caddy Shack. Scott barely showed up We can honor his sacrifice by fol- national Committee of the Red Cross on time, still tucking his shirt in his lowing his example, to live life to the reported last month that public hos- pants and tying his shoes, and he would fullest and to take care of those people pitals in Iraq now provide 30,000 beds. grab the golf bag and march down the around us. Mr. Speaker, that is less than half of fairway with all the clubs and balls In 1940, a reporter, right before the the 80,000 that are needed. falling out all over the place.’’ great World War II, made this com- In addition, 2,200 doctors and nurses Scott would have fun with every- ment, he said, ‘‘This nation will remain have been killed since the year 2003, thing that he did and his joyful, worry- the land of the free only so long as it and another 250 have been kidnapped. free personality was contagious to is the home of the brave.’’ And the current conflict has worsened those that knew him and everybody Our country, Mr. Speaker, will long the impact of the previous war and the around him. Not only did he love to survive and live free because of the years of international sanctions. Of the laugh, but he truly cared about others, likes of Scott McIntosh and his band of 34,000 doctors registered in Iraq in 1990, especially his family in Texas. brothers. 20,000 have fled the country, some by Scott was always looking out for And that’s just the way it is. choice and others by force. What about other people, and that’s why he joined their burden, Mr. Vice President? the United States Army. He wanted to f Meanwhile, the administration con- protect and serve those he loved. And b 1930 tinues to play its cynical game with as the Good Book says in John 15:13, troop levels. It is clear that the admin- ‘‘Greater love has no man than this, THE BIGGEST BURDEN OF THE istration intends to keep 140,000 troops that he lay down his life for his IRAQ CONFLICT in Iraq until it leaves office in order to friends.’’ Scott’s life was a shining ex- The SPEAKER pro tempore. Under a put an artificial lid on this violence. ample of this greater love which he previous order of the House, the gentle- That way, the outgoing administration demonstrated for family, friends and woman from California (Ms. WOOLSEY) can say that it improved the security country. is recognized for 5 minutes. situation and that we are on the road Scott went off to war because he was Ms. WOOLSEY. Mr. Speaker, I’m to victory in Iraq. a faithful son of America. Over Easter really glad to be back in the House. But the truth is, all that has been weekend this past weekend I had the I’ve been away for over 6 weeks because achieved is a temporary military and

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.042 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1794 CONGRESSIONAL RECORD — HOUSE March 31, 2008 political stalemate, new explosions of gifts that these children might have vene on yet another day to come, may violence coming as I stand here speak- brought to humanity are lost forever. that be the day when we finally hear ing on the floor of the House of Rep- Yet, even in the full glare of such the cries of the innocent unborn. May resentatives. tragedy, this generation clings to that be the day when we finally find And while we continue to be bogged blind, invincible ignorance while his- the humanity, the courage, and the down in a civil war in Iraq, a conflict tory repeats itself and our own silent will to embrace together our human that began centuries before 9/11, the genocide mercilessly annihilates the and our constitutional duty to protect real enemy, al Qaeda, grows stronger in most helpless of all victims to date: the least of these, our tiny American its cozy, safe haven in Pakistan. those yet unborn. brothers and sisters, from this mur- The administration is often criticized Mr. Speaker, perhaps it’s important derous scourge upon our Nation called for not having an exit strategy in Iraq. for those in this chamber to remind abortion on demand. But in my view, the reason the Presi- ourselves again of why we are really all Mr. Speaker, it is March 31, 2008, dent never had an exit strategy is be- here. Thomas Jefferson said, ‘‘The care 12,852 days since Roe v. Wade first cause he never intended to exit Iraq. of human life and its happiness and not stained the foundation of this Nation Permanent occupation has always been its destruction is the chief and only ob- with the blood of its own children. his game plan. ject of good government.’’ This, in the land of the free and the So, Mr. Speaker, it’s up to the Con- The phrase in the 14th amendment home of the brave. gress to implement the will of the capsulizes our entire Constitution. It f American people and end the occupa- says: ‘‘No state shall deprive any per- The SPEAKER pro tempore. Under a tion with a responsible redeployment son of life, liberty or property without previous order of the House, the gen- of our troops. The best way to honor due process of law.’’ tleman from Oregon (Mr. DEFAZIO) is those who have died or have been in- Mr. Speaker, protecting the lives of recognized for 5 minutes. jured in this occupation is to ensure our innocent citizens and their con- (Mr. DEFAZIO addressed the House. that more won’t die and more won’t be stitutional rights is why we are all His remarks will appear hereafter in injured. here. It is our sworn oath. the Extensions of Remarks.) The bedrock foundation of this Re- That is why I will continue to speak f up for our brave troops and for the in- public is that clarion declaration of the nocent Iraqis who are, despite what the self-evident truth that all human ECONOMIC PLIGHT OF THE Vice President may think, the ones beings are created equal and they are AMERICAN PEOPLE who are carrying the biggest burden. endowed by their Creator with the The SPEAKER pro tempore. Under a unalienable rights of life, liberty and previous order of the House, the gentle- f the pursuit of happiness. woman from Ohio (Ms. KAPTUR) is rec- The SPEAKER pro tempore. Under a Every conflict our Nation has ever ognized for 5 minutes. previous order of the House, the gen- faced can be traced to our commitment Ms. KAPTUR. Mr. Speaker, the tleman from North Carolina (Mr. to this core, self-evident truth. It has American people are desperately strug- JONES) is recognized for 5 minutes. made us the beacon of hope for the en- gling to understand why our Federal (Mr. JONES of North Carolina ad- tire world. It is who we are. And yet, Government is ignoring their economic dressed the House. His remarks will ap- Mr. Speaker, another day has passed. plight. The average price of gasoline pear hereafter in the Extensions of Re- And we in this body have failed again now sits at $3.28 and it is rising. Only marks.) to honor that foundational commit- a month ago, Americans paid $3.16. A f ment. We failed our sworn oath, and we year ago, they paid $2.67. Months away failed our God-given responsibility as SUNSET MEMORIAL from the peak of the summer driving we broke faith with the nearly 4,000 season, the American people can expect The SPEAKER pro tempore. Under a more innocent American babies who to see this trend get only worse. previous order of the House, the gen- died today without the protection that In 1996, the United States began its tleman from Arizona (Mr. FRANKS) is we should have given them. And it plunge into nearly total dependence on recognized for 5 minutes. seems so sad, Mr. Speaker, to me that imported petroleum. With 10 years of Mr. FRANKS of Arizona. Mr. Speak- this Sunset Memorial may be the only oil deficits continuing to plague our er, I stand, once again, before this body remembrance that these children who economy, we have spent too much time with yet another Sunset Memorial. It died today will ever have in this Cham- talking and not enough time acting. is March 31, 2008, in the land of the free ber. Our lack of energy independence trans- and the home of the brave. And before And so just as small a gesture as it lates into a true loss of liberty. the sun sets today in America, almost might be, I would ask those who are in- Since the Bush administration as- 4,000 more defenseless, unborn children clined for just a moment of silence at sumed office, our Nation is importing a were killed by abortion on demand. this time for these little, lost Ameri- billion more barrels of petroleum a That’s just today, Mr. Speaker. That is cans. year. A billion barrels more. By 2007, more than the number of innocent Mr. Speaker, let me conclude in the the trade deficit of oil imports had American lives that were lost on Sep- hope that perhaps someone new who risen to $293 billion, accounting for a tember 11 times 15,000, the total num- hears this Sunset Memorial tonight third, over a third, of the total $815 bil- ber that were lost on September 11. will finally realize that abortion really lion U.S. trade deficit. It has now been exactly 12,852 days does kill little babies, that it hurts This last statistic is truly sobering. since the travesty called Roe v. Wade mothers in ways that we can never ex- But for this year of 2008, 51 percent of was handed down. Since then, the very press and that 12,852 days spent killing the total U.S. trade deficit, over half, foundation of this Nation has been nearly 15 million children in America is now the result of imported oil. Over stained by the blood of almost 50 mil- is enough and that the America that half of our structural trade deficit lion of our own children. Some of them, rejected human slavery and marched flows directly from the increasing cost Mr. Speaker, died and cried and into Europe to arrest the Nazi Holo- of oil. screamed as they died. But because it caust is still courageous and compas- Again, this equals dependence for was amniotic fluid passing over the sionate enough to find a better way for America, not independence. It is an ab- vocal cords rather than air, we couldn’t mothers and their babies than abortion rogation of our birthright as a Nation hear them. on demand. to allow us to continue in this position. All of them had at least four things So tonight, Mr. Speaker, may we Based on 2007 numbers, the United in common. They were each just little each remind ourselves that our own States is adding $808 million a day to babies who had done nothing wrong to days in this sunshine of life are also the trade deficit just from our imbal- anyone. Each one of them died a name- numbered and that all too soon, each of ance in oil. The rising cost of oil added less and lonely death. And each of their us will walk through these chambers an estimated $50 billion to the Nation’s mothers, whether she realizes it or not, for the very last time. And if it should trade deficit in 2006 and, on top of that, will never be the same. And all of the be that this Congress is allowed to con- another $28 billion in 2007.

VerDate Aug 31 2005 03:59 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.044 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1795 Our country imported 4.8 billion bar- Tennessee (Mr. WAMP) is recognized for ethic was greater than anyone’s. He rels of oil in total energy-related prod- 5 minutes. worked out harder. He fought harder. ucts in 2007 valued at $319 billion. Mr. WAMP. Mr. Speaker, I rise to- He suffered more through injuries. He Imagine if we would have been able to night because every now and then a was faithful all the way through. His spend those dollars here at home what person’s story will so inspire us that father in the account said that that an injection that would be into this the example is set for all young people whole week of the championship he economy with the value of the dollar to look up to, to follow in their foot- knew something was different because falling, so much related to imports, the steps. And that happened 9 days ago to Jordan had turned the week over to the economy tanking, the housing market a young man from East Tennessee Lord. He was faithful. He gave it to in freefall and Americans feeling the whom so many people are so very God and said, I’m here to do my best. true pinch of all of this. Our govern- proud of today. I’m sick, but I am here to do my best. ment here in Washington has not pro- His name is Jordan Leen. And 9 days And he was honored. And he was faith- vided the leadership needed to end this ago, in the 157 pound weight class at ful. plunge into national subservience. Cornell University, Jordan Leen He’s an incredible young man. He’s The solution is clear: energy inde- achieved his life’s ambition of becom- an inspiration to all. He’s an excellent pendence now. First, we have to look ing a national champion. Among all student, making a 3.3 at Cornell in pre- to our natural resources and pass a universities from sea to shining sea, med, and a national collegiate cham- good farm bill to unleash the power of against some very difficult odds, this pion in the 157 pound weight class. the earth and nature as a key part of young man became a national cham- Jordan Leen, East Tennessee salutes the solution. And while there has been pion. you. You’re one of the greatest ath- plenty of talk from our President He has moved up weight classes in letes in the history of our region. You about energy independence, the insist- his last couple of years at Cornell until have reached the climax, but you’re ence on vetoing a bill, that does not he got comfortable and didn’t have to still the same guy. And we love you for live within artificial budget limits that lose weight to wrestle. So this is prob- the example you have set for young he has declared, is an absurdity that ably about his natural weight. He’s people. threatens to destroy our progress. A what my son would call a ‘‘beast.’’ I’ve Young people, if you want to be a good farm bill invests in rural Amer- seen him in all ways of his life. student athlete, follow Jordan Leen. ica, providing an investment in infra- He beat the number one seed, even Follow Jordan Leen. structure and research, including the though he was seeded eighth going into Thank you, Jordan. Your family energy technologies of tomorrow. the tournament in the quarter finals, loves you, and we salute you on the Second, we must continue to rely on and he beat the number two seed in the floor of the House tonight. the advanced research technology orga- finals just 3–2 in the most hard-fought f nized by the National Renewable En- match you’ve ever seen. And it was glo- rious. It was electric. He was distin- STAFF SERGEANT MATTHEW ergy Lab and give this lab the re- MAUPIN sources to define and help redefine our guished through his high school career. new energy future. We need no less a And I want to focus on three things The SPEAKER pro tempore. Under a commitment than we envisioned when that made Jordan Leen a champion so previous order of the House, the gentle- we created NASA and space explo- others can look up to him and know woman from Ohio (Mrs. SCHMIDT) is ration. With that came security, and that these are some of the ingredients recognized for 5 minutes. now we need energy security. It is that for success. Mrs. SCHMIDT. Mr. Speaker, I rise high a priority. This Congress, this One is family. His father, Mark; his tonight to offer my sincere condolences President should be working to that mother, Tammy; his sisters, Andrea to the family of Staff Sergeant Keith end. and Tara, they’re a unit. The scriptural Matthew Maupin. Yesterday, Keith and And third, we must pass legislation principle is that a cord of three strands Carolyn Maupin learned that the to fund the energy bill that passed the is not easily broken; and with the United States Army had positively House last year, and then again this Leens, a cord of five strands is not bro- identified the remains found last week year, and call on our brethren in the ken. They’re a unit. They’re a team. I in Iraq as that of their son, Matt other body to take action. know this because this young cham- Maupin. After nearly 4 years of suf- Unless we commit to providing lead- pion grew up across the street from me. fering the torment of not knowing the ership to transform our economy, this He and my son, Weston, are best status of their missing son, I pray that discussion remains the rhetoric of the friends. This was a glorious moment this news may bring some closure to last century really leaving us with a not just in my family’s life but in all of the Maupins and allow them to begin confused and unfulfilled daydream that these Tennesseeans’ because this fam- to mourn their loss and celebrate the has repeated itself for the last three ily was represented on the mat in front life that Matt lived. decades. of the national ESPN audience a week Keith Matthew Maupin was born in As the American people face $4 gaso- ago Saturday, and we all took joy in Batavia, Ohio, on July 13, 1983, and was line and see our wealth drained from this accomplishment from this fighter. a student at Glen Este High School in us, we must take a new course. We are He had been sick the week of the na- Union Township, Clermont County, past the point of words. Real deeds are tional championship, but he battled Ohio, where he played football and was required. And we must stop our eco- through that to become a national a rower on the county’s high school nomic hemorrhaging and begin invest- champion. crew team. Matt graduated in 2001 and ing in our own Midwest, in our own Ingredient number two, a foundation. enrolled in the University of Cin- country, not the Middle East, and pass He got it at the Baylor School with an cinnati’s Aerospace Engineering Pro- on a free republic to our posterity wor- outstanding wrestling program, an in- gram. He joined the United States thy of the sacrifices of our founders credible tradition, and the foundation Army Reserve in 2002, attending basic and all those who gave their all in free- was there for him to become a colle- training at Fort Jackson, South Caro- dom’s cause. giate athlete and a scholar athlete. He lina, and completed his advanced indi- Liberty’s call in this new century de- was the greatest wrestler in the his- vidual training at Fort Leonard Wood, mands energy independence now. tory of the State of Tennessee by any- Missouri, in the spring of 2003. one’s standard: a 4-year State cham- After completing his training, Matt f pion; 215 victories; 9th, 10th, 11th, and continued his studies at the University b 1945 12th State champion all the way of Cincinnati while fulfilling his obli- through high school at the Baylor gations as an Army reservist. In No- SALUTING JORDAN LEEN, School. He had the foundation from the vember 2003, Matt received orders to NATIONAL CHAMPION program, and Baylor School is proud. transfer to the recently mobilized 724th The SPEAKER pro tempore (Mr. And, third, faithfulness. He was Transportation Company based out of WELCH of Vermont). Under a previous faithful through the years. He had a Bartonville, Illinois. Matt and the order of the House, the gentleman from goal and he stuck with it. His work 724th arrived in Kuwait on February 20,

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.048 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1796 CONGRESSIONAL RECORD — HOUSE March 31, 2008 2004. The following month Matt’s unit May God bless Matt and Matt’s fam- took over both Houses of Congress in was moved to the Logistics Support ily, and may Matt rest in peace. January of 2007, gas prices that month Center Anaconda in Balad, Iraq, to f ranged from $50 to $60 a barrel for oil. begin missions delivering fuel to var- But at the end of 2007, the Democrats’ THE DEMOCRATS’ ‘‘MAGIC PLAN’’ ious coalition bases. magic plan for lowering gas prices ap- TO LOWER GAS PRICES HAS NOT On April 9, 2004, Matt’s convoy was parently hasn’t worked out because WORKED ambushed near Baghdad International today oil is closing at over $100 a bar- Airport. The convoy came under fire The SPEAKER pro tempore. Under a rel. from small arms, RPGs, and mortar previous order of the House, the gen- But wait, Mr. Speaker. It gets even fire. When the convoy was able to move tleman from Georgia (Mr. WESTMORE- crazier. A House Appropriations sub- clear of the attack, it was found that LAND) is recognized for 5 minutes. committee this week will be looking at nine people were unaccounted for. Mr. WESTMORELAND. Mr. Speaker, raising gas taxes 25 to 40 cents a gal- Later, five civilians and one soldier this morning the price of a barrel of oil lon. were found dead, presumed to have fell to $105 after hitting an all-time b 2000 been killed during the ambush. One ci- high of nearly $112 in the middle of vilian driver had been taken hostage March. Less than 2 years ago, the Seems to me that that makes prices during the ambush but managed to es- Democrats promised Americans that go up 25 to 40 cents a gallon. But what cape his captors a few weeks later. they had a magic plan for lowering gas do I know? I’ve never professed to un- Matt and one civilian contractor re- prices, but since they have been in con- derstand the Democrats’ magic for- mained missing. trol of Congress, prices have simply mula for lowering gas prices. On April 16, 2004, Matt appeared in a gone higher and higher. But at the On gas prices, as on earmarks, spend- videotaped broadcast aired on al time, those prices were enough to ing, and ethics, the Democrats ran as Jazeera television surrounded by his alarm Americans when Republicans the Great Crusaders. But they’ve gov- armed captors. During the brief inter- were in the majority. erned as the Great Pretenders. Demo- view, Matt identified himself as Pri- On the floor of the House and on the crats have proposed nothing that would vate First Class Keith Matthew campaign trail in districts throughout do anything but raise gas prices at the Maupin. From that day forward, Matt’s the Nation, the Democrats seized on pump. Just last month, the House status was listed as a prisoner of war. those anxieties and pointedly blamed Democrats passed another ‘‘no-energy’’ And the men and women of the Armed the Republican White House and Con- energy bill in the form of an $18 billion Forces, as well as those from various gress for rising gas prices. Time and tax increase on American energy. This Federal agencies, worked tirelessly to time again, they said they had a magic marks the fourth time the Democrats find Matt and secure his return. formula for lowering the cost. have held a vote to raise energy taxes. The Army has a creed. And within On April 16, 2006, the then-minority This sort of agenda will only slow the that creed there are four stanzas re- leader NANCY PELOSI said in a press re- economy by discouraging domestic en- ferred to as the warrior’s ethos. This lease, ‘‘The Republican rubber stamp ergy production and increasing our de- ethos is the standard by which all sol- Congress has passed two energy bills, pendence on foreign nations for our en- diers conduct themselves. They read as costing taxpayers $12 billion for give- ergy. follows: aways to big oil companies. But the Our Nation needs energy production I will always place the mission first. Republican bills clearly have done to keep our competitive edge in the I will never accept defeat. I will never nothing to lower gas prices, as the global marketplace. We all want to quit. I will never leave a fallen com- price of a barrel of oil has settled above achieve breakthroughs in alternative rade. energies that will have a growing im- I believe that it was these four stan- $70 a barrel, the highest price in our history.’’ The release went on to say, portance in the future. But we can’t zas that directed and guided the search pretend that oil isn’t by far the most for Matt. The mission was to find Matt ‘‘Democrats have a plan to lower gas prices.’’ important fuel in our economy. We and return him to his family. I thank have to increase domestic production. Secretary Gates, Secretary Geren, Gen- Then the next week another Pelosi release said, ‘‘Democrats have a com- We need to give American companies eral George Casey, General Petraeus, incentive to produce, rather than de- and all the leaders in the Multi Na- monsense plan to help bring down sky- rocketing gas prices . . . ’’ monizing them for providing a com- tional Forces-Iraq and Joint Special modity that our livelihoods depend on. Forces Command for making the mis- When in 2006 the House considered the energy bill to increase domestic Let’s put American ingenuity to sion of finding Matt the number one work in the field. And let’s put the priority in this Nation. I also think it’s production, the Democrats took to this floor in outrage. A Democrat congress- Democrat’s magic formula back on the important that we thank all the sol- shelf. diers, sailors, Marines, and airmen who man from California said on the floor f patrolled the streets of Iraq every day about the Republican energy bill of The SPEAKER pro tempore. Under a refusing to accept defeat, refusing to 2006, ‘‘It is no wonder their initials are previous order of the House, the gen- quit, and refusing to leave behind our G-O-P: gas, oil, and petroleum . . . It is tleman from California (Mr. DREIER) is fallen Matt. time House Republicans join us in pro- I would also like to thank General viding some real relief to the American recognized for 5 minutes. (Mr. DREIER addressed the House. Jim Campbell, recently retired, who consumer.’’ His remarks will appear hereafter in visited with the Maupins on numerous That same day a Democratic Member the Extensions of Remarks.) occasions, providing them with updates from Connecticut said, ‘‘When it comes on the status of the search for Matt. I to solving the energy crisis, President f would also like to thank Major General Bush and his Republican Congress have The SPEAKER pro tempore. Under a Galen Jackman and Joe Guzowski for no credibility. If they had only spent previous order of the House, the gentle- their efforts to keep me informed on the last 5 years working to reduce de- woman from California (Ms. LINDA T. the details of their search. mand,’’ like the Democrats have pro- SA´ NCHEZ) is recognized for 5 minutes. ´ It has been almost 4 years since Matt posed, ‘‘by raising fuel standards, roll- (Ms. LINDA T. SANCHEZ of Cali- went missing in Iraq, and through the ing back the billions of dollars in tax fornia addressed the House. Her re- joint efforts of all these extraordinary breaks and royalty relief to the big oil marks will appear hereafter in the Ex- people, Matt can finally come home. As companies, and if they were about pro- tensions of Remarks.) Matt’s father told me, ‘‘Matt is coming moting alternative fuels, as the Demo- f home. He has completed his mission.’’ crats have proposed, we might today be The SPEAKER pro tempore. Under a My thoughts and prayers are with his on the road to energy independence in- previous order of the House, the gen- family and his friends. Their torment stead of bracing ourselves for $4 gas tleman from California (Mr. GEORGE is replaced with a broken heart, and I prices. MILLER) is recognized for 5 minutes. ask this Nation to pray that that heart Let me put this rhetoric into con- (Mr. GEORGE MILLER of California is healed. text, Mr. Speaker. When the Democrats addressed the House. His remarks will

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.050 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1797 appear hereafter in the Extensions of Tolliver and Ms. Punch are active in Houston’s Nation’s military. We have come a long way Remarks.) Fifth Ward, where they act as the conscience since the first American woman soldier, Debo- f for the community, calling for change and ac- rah Sampson of Massachusetts, who enlisted tively working to better our city. as a Continental Army soldier under the name WOMEN’S HISTORY MONTH Women like Dr. Charlesetta Deason, prin- of ‘‘Robert Shurtlief.’’ Women served with dis- The SPEAKER pro tempore. Under a cipal of Houston’s DeBakey High School for tinction in World War II: 350,000 American previous order of the House, the gentle- Health Professions. Dr. Deason helms a women served during World War II, and 16 woman from Texas (Ms. JACKSON-LEE) school that offers students interested in were killed in action. In total, they gained over is recognized for 5 minutes. science and health careers an alternative to 1,500 medals, citations and commendations. Ms. JACKSON-LEE of Texas. Mr. Speaker, the traditional high school experience, located In December 1989, CPT Linda L. Bray, 29, I rise tonight in honor of women’s history in the renowned Texas Medical Center and became the first woman to command Amer- month, and to pay tribute to the countless boasting an ethnically diverse faculty and an ican soldiers in battle, during the invasion of mothers and grandmothers, sisters and excellent introductory study of medicine. Panama. daughters, friends and neighbors that are ac- Or women like Harris County Commissioner The war in Iraq marks the first time in Amer- tive across our communities, cities, and our Sylvia Garcia, the first Hispanic and first ican history that a substantial number of the Nation. Women who inspire us, who are the woman to be elected in her own right to the combat wounded are women. 350,000 women conscience of our communities, and, most of office. Commissioner Garcia is active in the are serving in the U.S. military—almost 15 all, women who are the unsung heroes of our Houston community, and she has served on percent of active duty personnel, and one in shared historical past. more than 25 community boards and commis- every seven troops in Iraq is a woman. In the early days of our great Nation, sions, including the San Jacinto Girl Scouts, Women play a role in nearly all types of mili- women were relegated to second-class status. the Houston Hispanic Forum, the American tary operation, and they have time and time Women were considered sub-sets of their hus- Leadership Forum, the Texas Southern Uni- again demonstrated extreme bravery, courage, bands, and after marriage they did not have versity Foundation and the Institute of His- and patriotism. the right to own property, maintain their panic Culture. I would particularly like to honor one our he- wages, or sign a contract, much less vote. It As a Nation, we have come a long way to- roic daughters: Army SPC Monica L. Brown. was expected that women be obedient wives, ward recognizing the important role women Brown is the first woman in Afghanistan and never to hold a thought or opinion inde- play, not only in our local communities, but in only the second female soldier since World pendent of their husbands. It was considered our Nation as a whole. Since 1917, when War II to receive the Silver Star, the Nation’s improper for women to travel alone or to Representative Jeannette Rankin of Montana third-highest medal for valor. Army SPC speak in public. became the first woman to serve in Congress, Monica Brown was part of a four-vehicle con- The fight for women’s suffrage was formally 243 more women have served as U.S. Rep- voy patrolling near Jani Kheil in the eastern begun in 1848, and, in 1919, after years of pe- resentatives or Senators. In 1968, Shirley province of Paktia on April 25, 2007, when a titioning, picketing, and protest parades, the Chisholm became the first African American bomb struck one of the Humvees. After the Nineteenth Amendment was passed by both woman elected to Congress; I am now proud explosion, in which five soldiers in her unit houses of Congress and in 1920 it became to be one of 13 African American women serv- were wounded, Brown ran through insurgent ratified under the presidency of Woodrow Wil- ing in this body. gunfire and used her body to shield wounded son. In addition, we are now, for the first time, comrades as mortars fell less than 100 yards However, the right to vote did not give under the leadership of a woman Speaker of away. Army Specialist Brown, a native Texan, women equal rights, and subsequent decades the House. Speaker PELOSI has led this represents the best of our Nation’s fighting saw an ongoing struggle for equality. A major Democratic Congress in a New Direction, lis- men and women, and she clearly dem- success came in with Title IX of the Education tening to the will of the American people, as onstrates that the admirable qualities of patri- Amendments of 1972, also known as the it was clearly expressed last November. We otism, valor, and courage know no gender. Patsy T. Mink Equal Opportunity in Education are also currently in the midst of a Mr. Speaker, Women’s History Month is an Act, in honor of its principal author. This law, groundbreaking Presidential campaign, which, opportunity for all Americans to reflect on the enacted on June 23, 1972, states ‘‘No person for the first time, sees a woman seriously women who have built, strengthened, and in the United States shall, on the basis of sex, vying for the nomination of one of the two maintained this great Nation. Women who be excluded from participation in, be denied major political parties. have often gone unrecognized, unheralded, the benefits of, or be subjected to discrimina- Mr. Speaker, the great tragedy of women’s and unlauded for their great achievements, tion under any education program or activity history is that, many times, the history of sacrifices, and contributions. I ask my col- receiving Federal financial assistance.’’ women is not written down. Too often, leagues to join me in paying tribute to the Title XI, introduced by Congresswoman throughout the course of history, the contribu- women in their communities, in their families, Patsy Mink (also notable as the first Asian tions of women have gone unrecorded, and in their lives. American woman elected to Congress), has unheralded, and are now forgotten. And so, f opened the doors to countless educational ac- Madam Speaker, during Women’s History The SPEAKER pro tempore. Under a tivities, perhaps most prominently high school Month, we do not stand here only to remem- previous order of the House, the gen- and collegiate athletics, to women. Congress- ber the Eleanor Roosevelts, Harriet Tubmans, tleman from Indiana (Mr. BURTON) is woman Mink’s legacy lives on as, each year, Barbara Jordans, and Rosa Parks, women recognized for 5 minutes. hundreds of women across the Nation partici- who are celebrated in our schools and history (Mr. BURTON of Indiana addressed pate in NCAA athletics, learn teamwork and books, but also the millions of female unsung the House. His remarks will appear perseverance, earn scholarships enabling heroes who built this Nation, and who made it hereafter in the Extensions of Re- them to study at college, and enjoy equal foot- truly great. marks.) ing with men in the academic arena. I would like to pay special tribute to women, f Mr. Speaker, I am proud to pay tribute to mothers, and grandmothers across the coun- the women, local heroes, of my district. try. In particular, I would like to draw attention FISA Women like Ramona Tolliver, long time Fifth to the growing phenomenon of grandparents The SPEAKER pro tempore. Under Ward resident, former Precinct Chair, founding raising children. As of 1996, 4 million children the Speaker’s announced policy of Jan- board member of Fifth Ward Community Re- were being raised by their grandparents, and uary 18, 2007, the gentleman from development Corporation, member of Our statistics published the following year indicated Texas (Mr. MCCAUL) is recognized for 60 Mother of Mercy Catholic Church, and mem- that over one-tenth of all grandparents pro- minutes as the designee of the minor- ber of the Metropolitan Organization member, vided the primary care for their grandchildren ity leader. who is still actively advocating for her commu- for at least six months and typically much Mr. MCCAUL of Texas. Forty-five nity. Women like Nellie Joyce Punch, long longer. These numbers continue to grow, and days ago, the Protect America Act ex- time Fifth Ward resident, retired educator at these grandparents, generally ineligible for fi- pired. Forty-five days ago, we began to Phyllis Wheatley High School, former Precinct nancial or social support, often suffer greatly lose critical intelligence overseas that Chair, founding board member of Fifth Ward to provide a safe and loving home for these could help better protect this Nation. Community Redevelopment Corporation, children. Forty-five days ago, al Qaeda began to member of Methodist Church, also still actively In addition, Mr. Speaker, we pay tribute to have the upper hand in this war on ter- working on behalf of her community. Both Ms. the brave women who serve proudly in our ror. Forty-five days ago, we started to

VerDate Aug 31 2005 03:59 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.055 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1798 CONGRESSIONAL RECORD — HOUSE March 31, 2008 go dark in parts of the world. Why? Be- man REYES that the expiration of the one gave me a copy of a declassified cause the Democratic leadership will authorities in the Protect America Act memorandum signed by Robert Ken- not allow this body to vote to make would plunge, would plunge critical in- nedy and J. Edgar Hoover authorizing the Protect America Act permanent, as telligence programs into a state of un- the wiretapping of Martin Luther King. the Senate did many months ago. certainty, which could cause us to Intelligence agencies were involved in Mr. Speaker, this is a dangerous and delay the gathering of, or simply miss abuses and violating the civil liberties reckless partisan play with the safety critical foreign intelligence informa- of Americans in the 1950s and 1960s, and of the American people. It endangers tion, and then underlined and high- this law in 1978 set up a special court the American people, both here at lighted in this letter, they warn the called the Foreign Intelligence Surveil- home and the warfighter abroad. We chairman, the Democratic chairman of lance Court. They meet in secret ses- took an oath of office when we were the Intelligence Committee, that is ex- sion. But in order to listen and to do a sworn in to protect and defend the Con- actly what has happened since the Pro- wiretap for the collection of foreign in- stitution against all enemies, foreign tect America Act expired 6 days ago telligence in the United States, you and domestic. These are the foreign en- without enactment of the bipartisan need to get a warrant from this court. emies. We are talking about foreign Senate bill. We have lost intelligence The problem is that the law was writ- terrorists in a foreign country commu- information this past week as a direct ten specific to the technology of the nicating foreign communications. This result of the uncertainty created by time. 1978 was the year that I grad- has nothing to do with the United Congress’s, by Congress’s failure to act. uated from high school. The telephone States citizens. And yet, what the What is the response from the Demo- was connected to the wall in the kitch- Democrats are allowing is to extend crat leadership here in the House in re- en. The Internet did not exist. Cell constitutional protections to people sponse to a letter that says that we phones were Buck Rogers stuff. At that like Osama bin Laden and Khalil have failed to act in the Congress, a time, almost all international calls Sheikh Mohammad, al Qaeda leaders dereliction of duty, in my view, by went over the air. They bounced off who are communicating about how Members of the House. STENY HOYER, satellites. And the law does not require they can perpetrate an act of evil like the majority leader says, there really a warrant to collect any of that infor- on September 11th. is no urgency. Let’s all just calm down. mation. Almost all local calls were on Mr. Speaker, there is a reason why Intelligence agencies have all the tools a wire. And the focus was if you this has not occurred since 9/11. It is they need. Really? When the Director touched a wire, you needed a warrant because we have had good intelligence. of National Intelligence says just the because that was presumed to be a Good intelligence is the best weapon opposite. local call. we have in this war on terror. Without Chairman SILVESTRE REYES says, you Now, technology has completely good intelligence, we cannot protect know, things will be just fine. Things changed. There are over 220 million cell this Nation. And this is what this de- will be just fine. Tell the American phones in the United States. And now, bate is all about. We all remember people that if we get hit again. Tell the almost all international calls go over a where we were on this day. But many three American soldiers who were kid- wire or a fiberoptic cable, not bounced of us don’t remember where we were napped by insurgents in Iraq, and be- off of satellites. So all of the foreign when the London arrests were made to cause we had to get ‘‘lawyered up’’ and intelligence collection, foreign intel- stop airplanes from being blown up go through a court in the United States ligence information which we used to over the United States. Many of us because the time expired, one of those collect over the air, without requiring don’t remember the countless acts of soldiers was killed and two we have not any warrants at all, has migrated to heroism our intelligence community heard from since. You tell the families wires; even more than that, because of has performed in protecting the Amer- that there is no urgency and that global telecommunications. ican people from plots against the things will be just fine. Telecommunications flow on the United States. Winning this war on terror, as the 9/ path of least resistance. So somebody I, myself, when I worked at the Jus- 11 Commission said, has everything to making a phone call from the Horn of tice Department, worked on Foreign do with connecting the dots. But if we Africa into Pakistan, let’s say, that Intelligence Surveillance Act warrants. are not allowed to collect the dots, call has a significant probability of ac- They had to do with agents of informed there is no way we can connect the tually being routed through the United power in the United States. Through dots. That is what this debate is all States. Even a call from northern the use of good intelligence overseas, about. It’s about being able to capture Spain to southern Spain may actually without having to go through the FISA overseas foreign intelligence by terror- end up getting routed through the Court, we were able to stop a terrorist ists, by people who wish to do us harm, United States. plot to blow up 10 American cities on who every day are hoping that this will Early last year, there was a series of the 4th of July. The voice that was happen again. court decisions that found that even if intercepted said, ‘‘Roast the Americans With that, I would like to yield to we are intending to listen to a for- on Independence Day.’’ the gentlelady from New Mexico, who eigner in a foreign country, if the point Mr. Speaker, this is real. This is a has really led the fight in the House on of access required touching a wire in real-life threat to the American people. this issue, Congresswoman HEATHER the United States, then you needed a You don’t have to take my word for it. WILSON from New Mexico. I would also warrant. This threw a complete mon- I want to read for you a letter that was be interested in your account of when key wrench into intelligence collec- sent to the chairman of the Intel- this intelligence gap, if you will, this tion. By the summer of last year, the ligence Committee, Mr. REYES, from terrorist loophole first came to your Director of National Intelligence has the Attorney General and the Director attention. testified in open session that we had of National Intelligence about the expi- With that, I yield. lost two-thirds of our intelligence col- ration of the Protect America Act. Mrs. WILSON of New Mexico. I thank lection on terrorism. What he says, he says, ‘‘Our experience my colleague from Texas for yielding The problem was becoming critical, since Congress allowed the Protect the time. It was actually a year ago in and as a result, we passed something America Act to expire without passing May when I became absolutely deter- called the Protect America Act in the a bipartisan Senate bill,’’ the bipar- mined to get this fixed, and it was a re- first week of August that said very tisan bill that was passed overwhelm- sult of a series of cases in what I saw as clearly if you were in the United ingly in the Senate, that Senator a growing problem in intelligence col- States, you needed to get a warrant. If ROCKEFELLER supported, he says, lection. your target was outside of the United ‘‘demonstrates why the Nation is now But so that people understand, in 1978 States, then you did not need to get a more vulnerable to a terrorist attack the Congress passed a law that gov- warrant. It went back to the original and other foreign threats.’’ erned intelligence collection here in intention of the Foreign Intelligence He explained that both the Attorney the United States, and it was in re- Surveillance Act of 1978. General and the Director of National sponse to a bunch of abuses that hap- We worked through the backlog in Intelligence say in this letter to Chair- pened in the 1950s and the 1960s. Some- the 6 months that that temporary act

VerDate Aug 31 2005 03:59 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.058 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1799 was in place. Unfortunately, that act the Deputy Director of the CIA, Direc- ator ROCKEFELLER, the Chair of the In- was allowed to expire on the 16th of tor of the NSA. He was one of the prin- telligence Committee in the Senate, February, and now we have gone back cipal authors of the FISA statute. the Democrat from West Virginia, has to the old system for all new tips and When we talked about the application made a plea, and I am going to quote tips that are coming into the intel- of this, having to apply the FISA over- him. He said, ‘‘What people have to un- ligence agencies. Anything that was al- seas to foreign terrorists, that we are derstand around here is that the qual- ready under a warrant, was covered for extending constitutional protections to ity of the intelligence we are going to a year. But intelligence is a dynamic terrorists in foreign countries, what he be receiving is going to be degraded. It thing. There are new tips that come in said, and he wrote an op-ed with me, he is going to be degraded. It is already every day. It’s a little bit like law en- said, ‘‘To apply FISA to monitoring going to be degraded as telecommuni- forcement. You’re going after the bad foreign communications of suspected cation companies lose interest.’’ That guys every day. There are things that terrorists operating overseas, such as was Senator ROCKEFELLER, not me. happen and you get new tips and new Osama bin Laden and other key al The gentleman from Texas pointed leads, and all of those new leads have Qaeda leaders, turns the original intent out earlier too the letter that was sent to be dealt with under an old and cum- of the FISA statute on its head. Con- to the chairman of the House Intel- bersome system that does not allow trary to some of the rhetoric coming ligence Committee, SILVESTRE REYES, America to keep pace with the terror- from the Democrats, it is the members from the Director of National Intel- ists we are trying to track. of al Qaeda, not American citizens, who ligence, Mr. MCCONNELL, and Attorney The key here is to prevent another are the target of these intelligence General Mukasey, essentially saying terrorism attack, and our strongest gathering activities.’’ something very, very similar. I will and most important tool in the war As the gentlewoman mentioned, in read a quote from them in that letter against terrorism is good intelligence. my view the driving force behind this of February 27, 2008. I will be happy to If we can figure out what they are dereliction of duty, this stopping de- submit that letter for the RECORD here doing, we can stop them. The key is to mocracy, is driven by a narrow special this evening. figure out what they are doing, and interest, and that is the ACLU and the But I am going to quote what they that means good and timely intel- trial lawyers pushing their agenda in a said about the degradation of our intel- ligence. dangerous way that will put the Amer- ligence capabilities, pretty much I yield back to my colleague. ican people at grave risk. agreeing with what Senator ROCKE- With that, I would like to yield to Mr. MCCAUL of Texas. If I can ask FELLER said, a Democrat. What they the gentlelady that serves on the Intel- my good friend, the gentleman from said is, ‘‘That is exactly what has hap- ligence Committee, we are talking, are Pennsylvania (Mr. DENT). pened since the Protect America Act Mr. DENT. I would like to thank the we not, about foreign communications expired 6 days ago without enactment gentleman from Texas and the gentle- by a foreign target in a foreign coun- of the bipartisan Senate bill. We have woman from New Mexico for their try, but just because of the new tech- lost intelligence information this past strong leadership and advocacy on this week as a direct result of the uncer- nology, that it may touch a wire in the critical national security issue. I think tainty created by Congress’ failure to United States, it requires us to get at- the colloquy engaged in really does act.’’ That was 6 days after the act. It torneys to go before the FISA court to represent the essence of the issue. get a warrant. Is that correct? Former Director Bobby Inman was is 45 days today. They go on to say, ‘‘Because of this Mrs. WILSON of New Mexico. That is just quoted saying that it seems that uncertainty, some partners have re- correct. Under the law that we are try- there is greater concern around this duced cooperation. In particular they ing to get passed, that passed the Sen- Congress by a minority, frankly, to have delayed or refused compliance ate by a bipartisan vote with 68 votes, grant constitutional protections to for- with our requests to initiate new sur- it would not be required to get a war- eign terrorists, really at the expense of rant to listen to a foreigner in a for- protecting Americans. veillances of terrorists and other for- eign country. Unfortunately, the lead- I think we all know that is wrong. I eign intelligence targets under existing ership here in the House will not allow think the colloquy you both just en- directives issued pursuant to the Pro- that bill to come up for a vote. gaged in, and I heard the frustration tect America Act.’’ Twenty-one Democrats, over 20 State expressed in your voice, I think that is Mr. Speaker, I include the letter for Attorney Generals have asked the lead- also the frustration we are hearing the RECORD. ership of this House to allow that bill from the American people. The Amer- FEBRUARY 22, 2008. to be brought up for a vote. ican people do believe that Washington Hon. SILVESTRE REYES, is broken, and I have said this many Chairman, House Permanent Select Committee b 2015 on Intelligence, House of Representatives, times. They are angry because Con- Washington, DC. I think it would pass with an over- gress is not getting things done on whelming, bipartisan majority. DEAER CHAIRMAN REYES, the President their behalf, and this issue is just proof asked us to respond to your letter of Feb- So we have the liberal Democratic positive of this terrible failure. ruary 14, 2008, concerning the urgent need to leadership thwarting the majority of It has been pointed out that we have modernize the Foreign Intelligence Surveil- this House and compromising the safe- a bipartisan agreement in the Senate, lance Act of 1978 (FISA). Your assertion that ty and security of this country, and I 68 votes. We have more than a majority there is no harm in allowing the temporary believe they are doing it largely at the in this House to pass this critical legis- authorities provided by the Protect America behest of trial lawyers who are eager to lation, the Protect America Act. It will Act to expire without enacting the Senate’s FISA reform bill is inaccurate and based on sue telephone companies, who can’t de- pass, if only the Speaker will allow this fend themselves in civil court without a number of misunderstandings concerning legislation to come up for a vote. They our intelligence capabilities. We address compromising the way we collect intel- simply want us to put the national in- those misunderstandings below. We hope ligence. terests ahead of the special interests. that you find this letter helpful and that you Mr. MCCAUL of Texas. I thank the As you pointed out, the most liti- will reconsider your opposition to the bill gentlewoman. So the threat is not only gious among us in this society are driv- passed last week by a strong bipartisan ma- to the safety of American lives, in my ing this issue and preventing the pro- jority in the Senate and, when Congress re- view it is a threat to democracy. If this tection of the American people. I think turns from its recess, support immediately bill was allowed to come to the floor, it it is just wrong, and we all know it is bringing the Senate bill to the floor, where it would pass overwhelmingly, as it did in enjoys the support of a majority of your fel- wrong. The bipartisan solution on low members. It is critical to our national the Senate. FISA has been reached. There really security that Congress acts as soon as pos- Briefly before I yield, the gentle- are no more excuses. It is time for this sible to pass the Senate bill. woman talked a lot about the Foreign leadership of the House to take ‘‘yes’’ Intelligence collection Intelligence Surveillance Act. I prac- for an answer. It is time to get the job Our experience since Congress allowed the ticed law under that. done. Protect America Act to expire without pass- Admiral Inman, who is a supporter of It has been 45 days, 45 days, since the ing the bipartisan Senate bill demonstrates mine, a friend in Austin, Texas, was Protect America Act has expired. Sen- why the Nation is now more vulnerable to

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.059 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1800 CONGRESSIONAL RECORD — HOUSE March 31, 2008 terrorist attack and other foreign threats. In Act has led to the disruption of planned ter- Amendment itself often requires probable our letter to Senator Reid on February 5, rorist attacks. The bipartisan Senate bill cause and where the civil liberties of Ameri- 2008, we explained that: ‘‘the expiration of would preserve these core authorities and cans are most implicated. But it makes no the authorities in the Protect America Act improve on the Protect America Act in cer- sense to require a showing of probable cause would plunge critical intelligence programs tain critical ways, including by providing li- for surveillance of overseas foreign targets into a state of uncertainty which could cause ability protection to companies that assisted who are not entitled to the Fourth Amend- us to delay the gathering of, or simply miss, in defending the country after September 11. ment protections guaranteed by our Con- critical foreign intelligence information.’’ In your letter, you assert that the Intel- stitution. Put simply, imposing this require- That is exactly what has happened since the ligence Community’s ability to protect the ment in the context of surveillance of for- Protect America Act expired six days ago Nation has not been weakened, because the eign targets located overseas results in the without enactment of the bipartisan Senate Intelligence Community continues to have loss of potentially vital intelligence by, for bill. We have lost intelligence information the ability to conduct surveillance abroad in example, delaying intelligence collection this past week as a direct result of the un- accordance with Executive Order 12333. We and thereby losing some intelligence forever. certainty created by Congress’ failure to act. respectfully disagree. Surveillance con- In addition, the requirement to make such a Because of this uncertainty, some partners ducted under Executive Order 12333 in a man- showing requires us to divert our linguists have reduced cooperation. In particular, they ner that does not implicate FISA or the Pro- and analysts covering al-Qa’ida and other have delayed or refused compliance with our tect America Act is not always as effective, foreign threats from their core role—pro- requests to initiate new surveillances of ter- efficient, or safe for our intelligence profes- tecting the Nation—to the task of providing rorist and other foreign intelligence targets sionals as acquisitions conducted under the detailed facts for FISA Court applications under existing directives issued pursuant to Protect America Act. And, in any event, sur- related to surveillance of such foreign tar- the Protect America Act. Although most veillance under the Protect America Act gets. Our intelligence professionals need to partners intend to cooperate for the time served as an essential adjunct to our other be able to obtain foreign intelligence from being, they have expressed deep misgivings intelligence tools. This is particularly true foreign targets with speed and agility. If we about doing so in light of the uncertainty in light of the changes since 1978 in the man- revert to a legal framework in which the In- and have indicated that they may well cease ner in which communications are trans- telligence Community needs to make prob- to cooperate if the uncertainty persists. We mitted. As a result of these changes, the able cause showings for foreign terrorists are working to mitigate these problems and Government often has been required to ob- and other national security threats located are hopeful that our efforts will be success- tain a FISA Court order prior to surveillance overseas, we are certain to experience more ful. Nevertheless, the broader uncertainty of foreign terrorists and other national secu- intelligence gaps and miss collecting infor- caused by the Act’s expiration will persist rity threats located outside the Untied mation. unless and until the bipartisan Senate bill is States. This hampered our intelligence col- You imply that the emergency authoriza- passed. This uncertainty may well continue lection targeting these individuals overseas tion process under FISA is an adequate sub- to cause us to miss information that we oth- in a way that Congress never intended, and it stitute for the legislative authorities that erwise would be collecting. is what led to the dangerous intelligence have lapsed. This assertion reflects a basic Thus, although it is correct that we can gaps last summer. Congress addressed this misunderstanding about FISA’s emergency continue to conduct certain activities au- issue temporarily by passing the Protect authorization provisions. Specifically, you thorized by the Protect America Act for a America Act but long-term FISA reform is assert that the National Security Agency period of one year from the time they were critical to the national security. (NSA) or the Federal Bureau of Investigation first authorized, the Act’s expiration has and We have provided Congress with examples (FBI) ‘‘may begin surveillance immediately’’ may well continue to adversely affect such in which difficulties with collections under in an emergency situation. FISA requires far activities. Any adverse effects will result in the Executive Order resulted in the Intel- more, and it would be illegal to proceed as a weakening of critical tools necessary to ligence Community missing crucial informa- you suggest. Before surveillance begins the protect the Nation. As we explained in our tion. For instance, one of the September 11th Attorney General must determine that there letter to Senator Reid, expiration would cre- hijackers communicated with a known over- is probable cause that the target of the sur- ate uncertainty concerning: seas terrorist facility while he was living in veillance is a foreign power or an agent of a The ability to modify certifications and the Untied States. Because that collection foreign power and that FISA’s other require- procedures issued under the Protect America was conducted under Executive Order 12333, ments are met. As explained above, the proc- Act to reflect operational needs and the im- the Intelligence Community could not iden- ess of compiling the facts necessary for such plementation of procedures to ensure that tify the domestic end of the communication a determination and preparing applications agencies are fully integrated protecting the prior to September 11, 2001, when it could for emergency authorizations takes time and Nation; have stopped that attack. The failure to col- results in delays. Again, it makes no sense to The continuing validity of liability protec- lect such communications was one of the impose this requirement in the context of tion for those who assist us according to the central criticisms of the Congressional Joint foreign intelligence surveillance of targets procedures under the Protect America Act; Inquiry that looked into intelligence failures located overseas. Because of the hurdles The continuing validity of the judicial associated with the attacks of September 11. under FISA’s emergency authorization pro- mechanism for compelling the assistance of The bipartisan bill passed by the Senate visions and the requirement to go to the private parties needed to protect our na- would address such flaws in our capabilities FISA Court within 72 hours, our resource tional security; that existed before the enactment of the Pro- constraints limit our use of emergency au- The ability to cover intelligence gaps cre- tect America Act and that are now resur- thorizations to certain high-priority cir- ated by new communication paths or tech- facing. We have provided Congress with addi- cumstances and cannot simply be employed nologies. tional and detailed examples of how the Pro- for every foreign intelligence target. Our experience in the past few days since tect America Act temporarily fixed this It is also inaccurate to state that because the expiration of the Act demonstrates that problem and have demonstrated the oper- Congress has amended FISA several times, these concerns are neither speculative nor ational need to provide a long-term legisla- there is no need to modernize FISA. This theoretical: allowing the Act to expire with- tive foundation for these authorities by pass- statement runs counter to the very basis for out passing the bipartisan Senate bill has ing the bipartisan Senate bill. Congress’s passage last August of the Pro- had real and negative consequences for our In your letter, you also posit that our in- tect America Act. It was not until the pas- national security. Indeed, this has led di- telligence capabilities have not been weak- sage of this Act that Congress amended rectly to a degraded intelligence capability. ened, because the Government can employ those provisions of FISA that had become It is imperative that our intelligence agen- the outdated provisions of FISA as they ex- outdated due to the communications revolu- cies retain the tools they need to collect isted before the Protect America Act. We re- tion we have experienced sine 1978. As we ex- vital intelligence information. As we have spectfully disagree. It was that very frame- plained, those outdated provisions resulted explained before, the core authorities pro- work that created dangerous intelligence in dangerous intelligence gaps by causing vided by the Protect America Act have gaps in the past and that led Congress to constitutional protections to be extended to helped us to obtain exactly the type of infor- pass the Protect America Act last summer. foreign terrorists overseas. It is critical that mation we need to keep America safe, and it As we have explained in letters, briefings Congress enact long-term FISA moderniza- is essential that Congress reauthorize the and hearings, FISA’s requirements, unlike tion to ensure that the Intelligence Commu- Act’s core authorities while also extending those of the Protect America Act and the bi- nity can collect effectively the foreign intel- liability protection to those companies who partisan Senate bill, impair our ability to ligence information it needs to protect the assisted our Nation following the attacks of collect information on foreign intelligence Nation. The bill passed by the Senate would September 11, 2001. Using the authorities targets located overseas. Most importantly, achieve this goal, while safeguarding the pri- provided in the Protect America Act, we FISA was designed to govern foreign intel- vacy interests of Americans. have obtained information about efforts of ligence surveillance of persons in the United Liability protection an individual to become a suicide operative, States and therefore requires a showing of Your assertion that the failure to provide efforts by terrorists to obtain guns and am- ‘‘probable cause’’ before such surveillance liability protection for those private-sector munition, and terrorists transferring money. can begin. This standard makes sense in the firms that helped defend the Nation after the Other information obtained using the au- context of targeting persons in the United September 11 attacks does not affect our in- thorities provided by the Protect America States for surveillance, where the Fourth telligence collection capability is inaccurate

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.041 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1801 and contrary to the experience of intel- The Department of Justice and the Intel- They have a fiduciary responsibility to ligence professionals and to the conclusions ligence Community are taking the steps we their shareholders to protect them- the Senate Select Committee on Intelligence can to try to keep the country safe during selves and their organizations. I think reached after careful study of the matter. It this current period of uncertainty. These that is really what is driving us. also ignores that providing liability protec- measures are remedial at best, however, and I would yield back to you, because tion to those companies sued for answering do not provide the tools our intelligence pro- their country’s call for assistance in the fessionals need to protect the Nation or the you have been a distinguished member aftermath of September 11 is simply the certainty needed by our intelligence profes- of the bar, you are a former U.S. Attor- right thing to do. Through briefings and doc- sionals and our private partners. The Senate ney, so you understand these issues uments, we have provided the members of passed a strong and balanced bill by an over- probably better than just about any- your committee with access to thei whelming and bipartisan margin. That bill body in this building. nformation that shows that immunity is the would modernize FISA, ensure the future co- Mr. MCCAUL of Texas. I think we fair and just result. operation of the private sector, and guard should be thanking these companies for Private party assistance is necessary and the civil liberties we value. We hope that you their patriotic service in a time of war, critical to ensuring that the Intelligence will support giving your fellow members the Community can collect the information not slapping lawsuits on them or put- chance to vote on this bill. ting the trial lawyers’ interests above needed to protect our country from attack. Sincerely, the warnings of the Director of Na- In its report on S. 2248, the Intelligence Com- MICHAEL B. MUKASEY, mittee stated that ‘‘the intelligence commu- Attorney General. tional Intelligence and the Attorney nity cannot obtain the intelligence it needs J.M. MCCONNELL, General. Not just the U.S. Attorney without assistance’’ from electronic commu- Director of National General, but 25 State Attorneys Gen- nication service providers. The Committee Intelligence. eral have signed a letter calling upon also concluded that ‘‘without retroactive im- this Congress to act and pass the Pro- munity, the private sector might be unwill- Mr. DENT. I think that really says it ing to cooperate with lawful Government re- all. Everybody agrees, both Republican tect America Act and make it perma- quests in the future without unnecessary and Democrat alike agree that the in- nent. So I would put more stock in the court involvement and protracted litigation. telligence product is being degraded. top law enforcement leaders in 25 of The possible recution in intelligence that This really isn’t a partisan issue. It our States and the U.S. Attorney Gen- might result from this delay is simply unac- should not even be an ideological issue. eral over the special interests. ceptable for the safety of our Nation.’’ Sen- This is simply an issue of common Mr. DENT. If the gentleman would ior intelligence officials also have testified yield briefly on that point, in fact my regarding the importance of providing liabil- sense, doing what is right for the American people, putting their inter- own Attorney General of the Common- ity protection to such companies for this wealth of Pennsylvania, Tom Corbett, very reason. ests ahead of the special interests. Even prior to the expiration of the Protest With that, I would be happy to yield came down to Washington to meet me America Act, we expereinced significant dif- back to the gentleman from Texas, be- and expressly asked me to support the ficulties in working with the private sector cause I know there are others who Protect America Act. He too, like you, because of the continued failure to provide would like to participate in this col- was a U.S. Attorney, and he was em- liability protection for such companies. phatic in his support for this legisla- These difficultures have only grown since ex- loquy. Mr. MCCAUL of Texas. I appreciate tion, and seemed a bit incredulous that piration of the Act without passage of the bi- Congress would not provide these nec- partisan Senate bill, which would provide the gentleman’s comments. Yet when fair and just liability protection. Exposing it comes to national security, it should essary tools to our law enforcement the private sector to the continued risk of be bipartisan. We are Americans first, and intelligence officials. Mr. MCCAUL of Texas. With that, I billion-dollar class action suites for assisting before we are Republican or Democrat, would like to yield to the gentlewoman in efforts to defend the country understand- yet there is a special interest driving ably makes the private sector much more re- from Tennessee (Mrs. BLACKBURN) who this agenda, as the gentleman men- luctant to cooperate. Without their coopera- sits on the Energy and Commerce Com- tioned. The trial lawyers have filed a tion, our efforts to protect the country can- mittee, which has jurisdiction and lawsuit in San Francisco against the not succeed. deals with a lot of the issues regarding telecommunication companies, and I Pending legislation telecommunications companies. Finally, as you note, the House passed a would like for the gentleman from Mrs. BLACKBURN. I thank the gen- bill in November to amend FiSA, but we im- Pennsylvania maybe to expand a little tleman from Texas for his leadership mediately made clear that the bill is un- bit on that. on this issue, as well as the leadership workable and unaceptable. Over three I think most Americans don’t quite months ago, the Administration issued a that has come from the gentlewoman understand how trial lawyers could from New Mexico and also the gen- Statement of Administration Policy (SAP) drive the agenda with the Democratic that stated that the House bill ‘‘falls far tleman from Pennsylvania. It is an short of providing the Intelligence Commu- leadership such that they will be plac- issue that does need to be addressed. I nity with the tools it needs to collect ing the American people at grave risk would remind our constituents who are effecively the foreign intelligence informa- and jeopardizing the safety of Ameri- watching that we are talking about the tion vital for the security of the Nation’’ and cans. Foreign Intelligence Surveillance Act, that ‘‘the Director of National Intelligence Mr. DENT. What I would respond is FISA. That is what it stands for. and the President’s other senior advises that the telecommunication companies As the gentlewoman from New Mex- would recommend that the President veto at the request of their government the bill.’’ We adhere to that view today. ico said, the changes in technology The House bill has several grave defi- were asked to cooperate and help us may mean that someone in the Horn of ciencies. First, although numerous senior in- pursue terrorists. Obviously they have Africa who is calling in to a Middle telligence officials have testified regarding much of the infrastructure that we Eastern country, their call ends up the improtance of affording liability protec- need to pursue these terrorists. being routed through this country. tion for companies that assisted the Govern- I would have to put this whole issue What we are talking about is foreign ment in the aftermath of September 11, the under the category of ‘‘no good deed intelligence and talking about getting House bill does not address the critical issue goes unpunished,’’ where people who information, gathering that intel- of liability protection. Second, the House are acting in good faith to help their bill contains certains provisions and serious ligence that will keep Americans safe. technical flaws that would fatally undermine government are now being sued for As the gentleman from Pennsylvania our ability to collect effectively the intel- their efforts, again to protect the most said, our constituents are wanting to ligence needed to protect the Nation. In con- litigious elements of our society. know, are we in danger? Are we in dan- trast, the Senate bill deals with the issue of Because of that, because of the fail- ger? Where is the next threat? Are you liability protection in a way that is fair and ure to provide a retroactive immunity making certain that in our commu- that protects the national security. In addi- as contained in the Protect America nities, in our homes, in our neighbor- tion, the Senate bill is carefully drafted and Act, when we do not provide that retro- hoods, in our schools, that we are going has been amended toa void technical flaws active immunity, we know that these similar to the ones in the House bill. We note to be safe? that the privacy protections for Americans telecommunications can no longer be We were just discussing a bit about in the Senate bill exceed the protections good partners. Even though they want the trial bar and their part in this contained in both the Protect America Act to be helpful, they can’t be. They have issue, if you will. In mid-March I no- and the House bill. to protect themselves from lawsuits. ticed an editorial in Investors Business

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.044 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1802 CONGRESSIONAL RECORD — HOUSE March 31, 2008 Daily and it was titled ‘‘FISA Fix For ahead of the game on this, Mr. Speak- same game of using chemical explo- Lawyers.’’ Not my words, Investors er, it is imperative, it is imperative, sives to blow up airplanes. Fortu- Business Daily from a mid-March issue, that we realize that our enemies are nately, our intelligence stopped that ‘‘FISA Fix For Lawyers.’’ using satellite phones. They are not plot against the United States. Mr. Speaker, that kind of peaked my using rotary phones. They are using But we all know what happened on curiosity, so I read a bit about it. Basi- text messages. They are not sending September 11th. We also know there cally what it goes on to say is that telegrams. was a secret meeting that took place pretty much this bill could be consid- overseas, and that the CIA was possibly b 2030 ered an earmark for the trial bar. aware of two of these people entering Well, I did a little bit of inves- They are moving constantly; they our country. And at that time, the left tigating on that issue, once I read that are not in the same place. And it is im- hand didn’t know what the right hand article, Mr. Speaker, and it seems that perative that we adjust our laws so was doing all the time because the $72,440,904 had been given to the Demo- that we have the ability to stay ahead criminal division couldn’t talk to the crats by the trial bar this cycle so far. of them, and ahead of their desire to do foreign counterintelligence division in That was through mid-March. So we harm to us, our constituents, and our the FBI. And I will never forget a quote will see what else happens with that great Nation. from an FBI agent, because his words figure. Mr. MCCAUL of Texas. I thank the prior to 9/11 about his frustration apply But it appears, as we have just dis- gentlelady. And I couldn’t agree more the situation that I find and I think we cussed the lawsuits that are filed with that real-time intelligence is the best find ourselves here in the House. the Ninth Circuit in San Francisco, weapon we have. We can get the intel- He wrote to FBI Headquarters, which that that may have a little bit to do, ligence; but if it is not in real-time, it was a gutsy move for a line FBI agent, Mr. Speaker, with why Investors Busi- endangers our ability to protect the and he said, ‘‘Someday, someone will ness Daily would write an article and American people, as the gentlelady die, and the public will not understand look at FISA as a fix for lawyers. Cer- pointed out with the three American why we were not more effective at tainly something we do not want to do soldiers from the 10th Mountain Divi- throwing every resource we had at cer- is have the integrity and the security sion who, unfortunately, one now is no tain problems, especially since the big- of every single community in this longer alive and two are missing. gest threat to us now, Osama bin great land of ours compromised in any But I think it is important to give Laden, is getting the most protection.’’ way, shape or form because of that. this an historical context and maybe We are not throwing every resource Now, the gentleman from Texas men- take you back to a gentleman named that we can now at this problem. We tioned that 45 days has passed since the Ramsey Yusef who came into the are turning a blind eye to this problem. Protect America Act expired, and that United States in 1992. He was detained; And if American blood is spilled while does cause some question from our con- but because there wasn’t enough deten- our watch is down, while we have al- stituents. As the gentleman from tion space at the time, they let him go. lowed this Act to expire, that blood Pennsylvania mentioned, Attorneys And, from there, he conspired with the will be on the heads of Members of Con- General from 25 different States sup- first al Qaeda cell in New York to take gress who did not allow this to go to port the bipartisan Protect America down the Twin Towers. And the idea of the floor for a vote. And, yes, the for- Act, and independent intelligence re- the plot was that one tower would fall, eign terrorists now are getting protec- ports support this. toppling over the other, and bring tion. They are getting constitutional Mr. Speaker, I think there is indeed a down the symbol of the economic su- protection that the FISA statute never reason. It is because we all know that perpower. They got a Ryder van, they intended for them to get in the first protecting this Nation and our Na- loaded it up with explosives, went into place. tion’s interests should rise above par- the underground parking garage, and With that, I would like to yield to tisan debate on this floor. Of course, blew it up. Fortunately, the Towers the gentlelady from New Mexico who is the bill that was brought to this floor survived that day. Although several on the Intelligence Committee, Ms. before we departed for our Easter re- people were killed, they didn’t achieve Heather Wilson. cess was a bill that the leadership that goal. That day would come later. Mrs. WILSON of New Mexico. I thank knew was not going to go anywhere, Ramsey Yusef escaped afterwards, my colleague from Texas. but they felt like they had to do some- went to Islamabad where he was in One of the things that I think is im- thing. Pakistan, the Philippines. Then he portant for people to understand is the Mrs. WILSON mentioned that intel- hooked up with his uncle Khalid importance of intelligence in keeping ligence is dynamic. I think that is an Sheikh Mohammed. It is all in the fam- this country safe. In any war, I think important part of the debate that we ily. Khalid Sheikh Mohammed, we intelligence is underestimated; and the have before us as we talk about FISA. would find out, would be the master- reason is that we see the old newspaper It is indeed dynamic, because it doesn’t mind of September 11th. When they headlines of the victory of the Navy at stay the same. The individuals who are talked about in the mid-1990s flying Midway, but you don’t learn until seeking to do us harm do not stay in airplanes into buildings, wouldn’t it years after that it was the breaking of the same places, nor are their camps have been good to have that real-time the Japanese code that allowed our nor are their cells stationary or stag- intelligence? They talked about that. ships to be in the right place in the nant. Because of that, we have to look They talked about how they could take first place. We see the tremendous suc- at electronic surveillance as going down the United States of America. cess of the Battle of Normandy, but we about this a different way. And when Ramsey Yusef was finally ar- never knew until years later when it The gentleman from Texas men- rested, he was arrested in a hotel room was finally declassified that we had tioned the situation that occurred last in Islamabad, they found something broken the German code. year with three American soldiers that very eery. And I have worked with the So intelligence is often underrated. were kidnapped in Iraq and the wran- FBI agents who arrested him, and it al- But in the war on terror, trying to pre- gling that had to go on to get through ways left a very chilling sort of view in vent the next terrorist attack, intel- the courts, as he said, to get ‘‘lawyered my mind, and that was, they found ligence is even more important than it up,’’ to get in there and to get a war- about a dozen baby dolls and these ever was in the Cold War. rant. By that time, 9 hours had passed, baby dolls were stuffed with chemical I served in the Air Force during the and by that time we had one individual explosives. Mr. Yusef gives you great Cold War, and the great thing about who was dead and we still have two insight into the mind of the terrorists: the Soviets was that they were cer- who are missing as of this point in Simple, brilliant, but evil genius. The tainly easy to find. They were easy to time. same evil geniuses that perpetrated 9/ find, or as the military would say, they So, looking at 21st century tech- 11. He was planning to take those baby would have been hard to fix, easy to nology, understanding how that tech- dolls on airplanes and blow them up. Of find. They had the same exercises at nology works on a global basis, and un- course, with the London arrests, later the same time of year using the same derstanding that if we are to stay we would find they were back to their barracks and the same rail lines and

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.061 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1803 the same radio frequencies. We knew leadership of this House is blocking I believe that we have it within our where they were. They would have been consideration of that bill, to the det- means now to do what that 9/11 Com- extremely difficult to defeat had they riment of the people of this country. mission wanted us to do, and I believe ever attacked the West, but we knew I yield back to the gentleman from passing the Protect America Act is en- where they were. Texas. tirely consistent and compatible with When we are fighting against ter- Mr. MCCAUL of Texas. I thank the what those folks who wrote the 9/11 rorism, the problem is completely re- gentlelady for her eloquence on this Commission want us to do. And I be- versed. If we can find them, we can issue. And I think it is worth repeating lieve that, again, failure to pass the stop them. The difficult part is finding again that we are talking about foreign Protect America Act really con- them. It is more like a Where’s Waldo targets in foreign countries overseas. I travenes and contradicts what the 9/11 problem, you know, the cartoon books think the American people want us to Commission stands for. where you get all of these pictures and be listening to what al Qaeda has to We also talked about this issue of li- you are trying to find the little guy say. In fact, I think they expect that, ability and who is getting protected. hidden in among all the rest of the and I think they would be shocked if One thing I guess I find particularly clutter. Terrorists generally use com- they learned that our capabilities were appalling is that, because of this ap- mercial communications. They have no put in jeopardy because of partisan pol- proach to homeland security and na- territory. They are hiding in the civil itics and special interests. It is irre- tional security to intelligence, many of population, hiding in plain sight as it sponsible. And, as the gentleman from our intelligence officials and officers were. So, the intelligence problem is Pennsylvania has often said, it is a have been forced to buy personal liabil- the most important and most difficult dereliction of our duties here in the ity insurance to protect themselves problem. House to protect and defend the Amer- from lawsuits from us, from Congress, All of us remember where we were ican people from enemies overseas. from others who may choose to sue the morning of 9/11. We remember who The gentlelady talked about the war them. The phone companies are getting we were with, what we were wearing, with the Soviets. In some ways it was sued. Why not sue the intelligence offi- who we called first, what we had for a more predictable enemy, and the con- cials? So what is happening is they are breakfast. But very few Americans re- cept of mutually assured destruction worried about being sued, and that is member where they were the day the applied to the Soviets because they why they have had to find this type of British Government arrested 16 people valued their own life. The concept of insurance. who were within 48 hours of walking mutually assured destruction does not Mr. MCCAUL made a very interesting onto airliners at Heathrow and blowing apply to the Islamic jihadists, because observation. He read an interesting them up over the Atlantic. If they had they won’t think twice about blowing quote a few minutes ago by that FBI succeeded, more people would have themselves up if it means they can agent, and I would like to put that died that day than died the morning of take other lives, particularly American quote into some context. In fact, at the 9/11; but you don’t remember it because lives. They won’t think twice about time of the PATRIOT Act reauthoriza- it didn’t happen, and it didn’t happen flying airplanes into buildings and kill- tion a little over 2 years ago, there was because British, American, and Paki- ing almost 3,000 people, including an article written in the Wall Street stani intelligence were able to uncover themselves, because, in their extreme Journal by a woman named Debra Bur- the plot and arrest those who were fanatical view, that means the rewards lingame. Who is Debra Burlingame? I going to carry it out before they had in heaven are greater. That is the guess she is best known because of her an opportunity to. mindset of the enemy that we are brother, Chic Burlingame, who was the Good intelligence allows us to pre- working with. pilot of one of the planes that crashed vent another terrorist attack, and elec- Satellite imagery was very impor- that day on 9/11, 2001 into the Pen- tronic surveillance is one of our strong- tant in the Cold War. But in this war, tagon. She had written this in the Wall est intelligence tools. The Protect this war on terror, intelligence is the Street Journal on January 30, 2006: America Act just allowed Americans to best weapon that we have. And if that Critics contend that the PATRIOT Act listen to foreigners in foreign countries is taken away from the intelligence was rushed into law in a moment of without a warrant. If we don’t have community, as the Democratic leader- panic. And there is relevant to our that authority, it is sometimes impos- ship is trying to do, if they take that PAA here. The truth is, the policies sible to get to the standard required to capability away, as they did when they and guidelines it corrected had a long get a warrant. It is almost a waste of allowed the Protect America Act to ex- troubled history, and everybody who had to deal with them knew it. The time. It is an incredible frustration for pire, they are tying the hands of our wall was a torturous set of rules pro- our people who are working in intel- intelligence community to better pro- mulgated by the Justice Department ligence. tect the United States of America. And I mean, you think about this. If you I believe that is treasonness. lawyers in 1995 and imagined into law are going to get a warrant on some- With that, I yield to the gentleman by the Foreign Intelligence Surveil- body who is a narcotics trafficker in from Pennsylvania. lance Act Court, or the FISA Court, Chicago, you can send the FBI out to Mr. DENT. I want to thank both of conceived as an added protection for talk to their neighbors; you can go to you for your eloquence on this critical civil liberties provisions already built into the statute that was the wall and their place that they are working; you issue. And with all these references to its real world ramifications that hard- can talk to their landlady. You can de- 9/11, I really believe it is important ened the failure to share culture be- velop probable cause for a warrant. But that we take seriously what this Con- tween agencies, allowing early infor- if you think you have got somebody on gress did after 9/11. It created a com- mation about 9/11 hijackers Khalid al- the Horn of Africa who is affiliated mission, the 9/11 Commission, to make Midhar and Nawaf al Hashmi to fall with al Qaeda, you can’t send the FBI recommendations about how we can through the cracks. More perversely, to talk to their neighbors. Sometimes improve upon our Nation’s homeland even after the significance of these ter- you can’t reach that standard of prob- security and our national security. rorists and their presence in the coun- able cause. So, intelligence doesn’t get They made many recommendations; we try was known by the FBI’s intel- are familiar with many. And, indeed, collected against people who are for- ligence division, the wall prevented it when the 110th Congress was first orga- eigners in foreign countries who have from talking to its own criminal divi- nized a little over 1 year ago, we were no rights at all under the Constitution sion in order to hunt them down. of the United States, and the people told by the new leadership under who are hurt by that are the American Speaker PELOSI that fulfilling those 9/ b 2045 citizens we are failing to protect. 11 Commission recommendations was a In other words, the FBI criminal di- The majority of this House wants to top priority. As it should be. And it is vision and the FBI intelligence division pass a bipartisan bill that has already time that we equate those words with couldn’t communicate because of what cleared the Senate that would make action. As you and I have both said, was going on pre-9/11. the provisions of the Protect America failure to do that is a dereliction of ‘‘Furthermore,’’ she writes, ‘‘it was Act permanent, and the Democratic duty. the impenetrable FISA guidelines and

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.062 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1804 CONGRESSIONAL RECORD — HOUSE March 31, 2008 fear of provoking the FISA court’s filiated with a terrorist group. They of all of government’s personnel who wrath if they were transgressed that are in the United States and they have can be brought to the task. A standard discouraged risk-averse FBI super- a brother in Lebanon. So gee, let’s which punishes such cooperation could visors from applying for a FISA search wiretap their brother in Lebanon and well be thought dangerous to national warrant in the Zacarias Moussaoui maybe we can pick up some of their security. So a lack of coordination and case.’’ And we all remember him. conversations back to the guy in the cooperation is dangerous to national ‘‘The search, finally conducted on the United States. That is a felony. You security. afternoon of 9/11, produced names and can’t do that. You have to have a war- And if we can’t work with the private phone numbers of people in the thick of rant if your target is reasonably be- sector, and in fact we cannot obtain the 9/11 plot, so many fertile clues that lieved to be in the United States, and this intelligence without the private investigators believe that at least one you cannot do reverse targeting. sector; and if we will subject them to airplane, if not all four, could have It also extends the protection of the liability and to lawsuits for doing their been saved.’’ Constitution to Americans traveling American patriotism, we indeed will That is what Debra Burlingame overseas. This is something that lose the private sector as a partner. wrote. doesn’t exist in current law. If I am an Mrs. WILSON of New Mexico. Would Further on in that article where Mr. American stationed overseas, which I the gentleman yield? MCCAUL began, and this is the woman was in a past life, and I in some way Mr. MCCAUL of Texas. I would be whose brother was the pilot who bump into American intelligence col- happy to yield to the gentlelady. crashed into the Pentagon on 9/11, she lection overseas, their procedures in Mrs. WILSON of New Mexico. Is it concludes by saying: ‘‘Three weeks be- regulations is to ‘‘minimize’’ or true that we depend on telephone com- fore 9/11, an FBI agent with the bin ‘‘screen out’’ that information, to de- panies not only for their cooperation Laden case squad in New York learned stroy information that is of no intel- for foreign intelligence, but also in the that al-Mihdhar and al-Hazmi were in ligence value. But the act that has now case of crimes like kidnappings here in this country. He pleaded with the na- passed the Senate actually goes further the United States? Do we depend on tional security gatekeepers in Wash- than that. If you are an American over- their cooperation there? ington to launch a nationwide man- seas, the American government would Mr. MCCAUL of Texas. The hunt and was summarily told to stand also have to get a warrant in order to gentlelady is correct. What is at grave down. When the FISA Court of Review target your communications. risk is not only in the war on terror tore down the wall in 2002, it included These provisions apply irrespective of capturing intelligence overseas, but if in its ruling the agent’s August 29, 2001, the communications technology used. the private sector would be subject to e-mail to FBI headquarters,’’ and I am So to collect foreign intelligence over liability and lawsuits, and they say to going to restate what you just stated a the air on a wire, it doesn’t matter. All the government, ‘‘I am not going to co- few moments ago. The quote was from that matters is whether somebody is operate with you anymore,’’ they don’t this FBI agent: ‘‘Whatever has hap- reasonably believed to be in the United have to. Then we place at jeopardy do- pened to this—someday someone will States or is an American citizen. If mestic investigations that could in- die—and wall or not—the public will they are, you have to go to court and clude child predators, organized crime, not understand why we were not more get a warrant. If you do not, if they are and a whole myriad of criminal activ- effective in throwing every resource we a foreigner in a foreign country, we do ity in the United States. So this is set- had at certain problems. Let’s hope not extend the protections of the Con- ting a very dangerous precedent. that the National Security Law Unit stitution to them. Mrs. WILSON of New Mexico. If the will stand behind their decisions then, Mr. MCCAUL of Texas. The gentleman would yield, you are an at- especially since the biggest threat to gentlelady is correct. The Constitution torney and have dealt with these us now, bin Laden, is getting the most applies to persons in the United States. things and I haven’t. Is it true that a protection.’’ The Constitution doesn’t apply to for- district attorney can go in an emer- Not my words, and how can anybody eign terrorists in a foreign country. I gency situation and say to the tele- not be moved by this? How can any- think that is the central heart of this phone company, this is an emergency, body somehow think that our own FBI debate that we are having here tonight. we have a kidnapped child, we think we is a greater threat to the American As the gentleman from Pennsylvania know who did it, will you cooperate people than is al Qaeda or Osama bin pointed out, Mr. Moussaoui retained with us and we will followup with the Laden? information on his computer that paperwork later? Can that happen? Mr. MCCAUL, you are an attorney. could have helped prevent this from You understand this issue well. We happening. He is a person in the United Mr. MCCAUL of Texas. The want to protect everyone’s civil lib- States; and as such, properly the FBI gentlelady is correct. Then you have erties, and at the same time we have and the Department of Justice went real-time information that is relevant legitimate security threats we must through the FISA court. The initial to a case to stop a criminal act from deal with. FISA application was turned down by occurring. Mrs. WILSON of New Mexico. I think the Office of Intelligence Policy Re- What the Democrat leadership has my colleague from Pennsylvania raises view. We lost critical time in proc- done in this case is prevented us from a good point. What are the protections essing that application. My point obtaining intelligence critical to the for America’s civil liberties, and there being, the FISA court is very document safety of the United States overseas in has been a lot of misinformation out intensive, cumbersome and time-con- a foreign country. there about the protections in the Pro- suming. Mrs. WILSON of New Mexico. Is it tect America Act for American civil We should not apply FISA court reasonable to expect that if these tele- liberties. In fact, in the Senate bill standards to foreign terrorists in a for- phone companies get sued for vol- that we would like to have a vote on eign country when real-time intel- untary cooperation, that they will just here in the House, the civil liberties ligence can stop something like this stop doing voluntary cooperation no protections for Americans are more from happening here in the United matter what the issue is? than exist under current law, under the States. Mr. MCCAUL of Texas. The grave current FISA law. You know, when the wall was in risk is that they will not cooperate on What are those protections? First, place, one intelligence community was any investigation, whether it be over- you have to have a warrant to target aware of these two individuals in the seas or domestically, because there is anyone in the United States, American U.S., yet the FBI was not made aware no incentive for them to cooperate or foreigner. So you must have a war- and they could not track them down. with the FBI here or with our intel- rant if someone is reasonably believed The FISA Court of Review issued an ligence community abroad if we are to be in the United States. opinion about the wall when it finally going to subject them to liability and It is a felony to do what some have struck it down and said that effective to lawsuits. called reverse targeting. In other counterintelligence, we have learned, If there is wrongdoing on the part of words, you think somebody may be af- requires the whole-hearted cooperation the government, that is one issue. But

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.064 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1805 when the telecommunication compa- brary computers? His response was better protect this Nation from an- nies are told that they need to cooper- they clean their hard drives at the end other terrorist attack. ate in the interest of the national secu- of the day. Interesting point. And to put to you, I think, one of the rity, I don’t think we should be slap- Another issue we heard at the time of best quotes I’ve read, it really puts you ping them with a lawsuit, we should be the PATRIOT Act had to do with rov- in the mindset of who is the enemy and thanking them for protecting this Na- ing wiretaps, a tool I believe you, as a what is the real threat to the United tion. prosecutor, used over the years, and States, I’d like to leave you tonight I want to go back to the gentleman’s that we use in drug cases against orga- with the following words. And this is in comments about the 9/11 Commission. nized criminals. We use that type of their words, not mine. After this occurred, we all were scram- method. When we talk about using it ‘‘The confrontation that we are call- bling to do everything within our for counterterrorism purposes, it seems ing for with the apostate regimes does power to prevent this from happening as if we were creating some new struc- not know Socratic debates, Plutonic again. The President met with his advi- ture. Do you want to address that. ideals, nor Aristotle’s diplomacy. But sors, and the 9/11 Commission met. And Mr. MCCAUL of Texas. Reclaiming it does know the dialogue of bullets, they made recommendations and they my time, this issue goes well beyond the ideals of assassination, bombing talked about connecting the dots. The what the gentleman is referring to. and destruction, and the diplomacy of problem is that we cannot connect the This issue goes to our capability to the cannon and the machine gun. dots, and we are not putting this infor- intercept communications from foreign The Islamic governments have never mation together. terrorists in foreign countries. Again, I and will never be established through What is at risk here tonight, as every think the American people would like peaceful solutions and cooperate coun- hour passes that the Protect America to know what al Qaeda is saying when cils. They are established, as they al- Act has expired, is we cannot collect they conspire to perpetrate something ways have been, through pen and gun, the dots to connect them. like this. They would like to know by word and bullet, and by tongue and I would like to draw on a quote, a let- what Osama bin Laden is saying, and teeth.’’ ter from Attorney General Muskasey what his lieutenants are saying. The words that I just read to you are and the Director of National Intel- I know my time is starting to run the words found in the preface of the al ligence McConnell to Chairman REYES. out. Qaeda training manual. They are the He says, ‘‘Our experience in the past Mr. DENT. Quickly, the bottom line words of the enemy. That is what the few days since the expiration of the act is we should be listening to this for- enemy is telling us. We need to win in demonstrates that these concerns are eign-to-foreign communication of peo- this war on terror and stop this enemy neither speculative nor theoretical. Al- ple who are not American citizens who and protect the United States from lowing the act to expire without pass- are suspected terrorists because you this ever happening on American soil ing the bipartisan Senate bill has had want to prevent what happened on 9/11 again. It is time to pass a bipartisan real and negative consequences for our of 2001. For some of us, it was quite Senate bill. national security. Indeed, this has led personal. f directly to a degraded intelligence ca- You mentioned what happened in CONGRESSIONAL BLACK CAUCUS pability.’’ 1993. My cousin spent the whole day on MESSAGE HOUR I don’t know about you, but when I the top of that building, the South read that language from the experts in Tower, spent the entire day on the roof The SPEAKER pro tempore. Under the intelligence community and our after what exploded in the basement, the Speaker’s announced policy of Jan- top law enforcement officer, it sends a the garage of that building. uary 18, 2007, the gentlewoman from chill up my spine. We need to pass this Ohio (Mrs. JONES) is recognized for 60 b 2100 bill, and we need to do it now. minutes as the designee of the major- Mr. DENT. Again, a powerful quote, You know, he was there, also, on Sep- ity leader. the degradation and degrading of our tember 11, 2001. I remember that, too. Mrs. JONES of Ohio. Mr. Speaker, it intelligence capacities, stated by a Re- He was on the 91st floor of the north gives me great pleasure this evening to publican Attorney General and a Re- tower when the plane entered the 93rd have an opportunity to stand in the publican Director of National Intel- floor. Everybody above him was killed. well of this wonderful House of Rep- ligence, but also stated by the Demo- And for many of us it’s personal. But resentatives on behalf of the Congres- cratic chairman of the Senate Intel- if we have information, actionable in- sional Black Caucus and our Chair, ligence Committee, that the intel- telligence, I would certainly hope that CAROLYN CHEEKS KILPATRICK. ligence product will be degraded as a our counter terrorism officials, that This evening I will be joined by sev- result of our failure to enact the Pro- our intelligence officials would do ev- eral of my colleagues to talk about the tect America Act. erything in their power to prevent such black community, the African Amer- I can’t help but note, the gentleman terrible events like 9/11 from ever oc- ican community, and the economy and from Texas having served in law en- curring. the impact that this downturn in the forcement, many of the arguments I And again, I just want to state one economy has had on the African Amer- just heard you talking about in your more time that enacting the Protect ican community. colloquy with Mrs. WILSON were also America Act will help improve our in- Before I go to that subject matter, I some of the arguments that I heard at telligence capabilities, will protect just want to take a moment. One of the the time of the PATRIOT Act reau- Americans, and it’s time that we get things that we have an opportunity, as thorization. the job done. We have a bipartisan con- Members of Congress, to do is to travel Remember it was being said that sensus to do it. Let’s do it. The time all around the United States, meeting somehow our library records were for games is over. It’s time to get the people who say, oh, we watch you on going to be looked into. Several of the job done. television, we’ve seen you on tele- 9/11 terrorists made their airplane res- I yield back to my friend. vision. And the fact is this weekend I ervations on public library computers, Mr. MCCAUL of Texas. I thank the had the opportunity to be in Orlando, and they confirmed those reservations gentleman. Florida, on behalf of my sorority, Delta on public library computers. Before we passed the Protect Amer- Sigma Theta. And I met one of the fin- I am not aware that anybody has ica Act, the Director of National Intel- est families in Orlando, headed by ever sought a library record under the ligence came to us and he said, ‘‘I’m Janet McDowell-Travis and her hus- law. But I also remember, too, after losing two-thirds of the intelligence band, Michael Travis, son Jordan, who meeting with some folks from the At- out there.’’ Well, now with the expira- is 10 years old, who drew me this real- torney General’s Office, and this is not tion of the Protect America Act, we ly, really nice card, Janet’s mother, a classified issue, I remember them can only imagine going back to that Vergnoustene, my soror as well, and telling me that a terrorist, when inter- scenario. We were going dark in parts Janet’s aunt, Aunt Romelda. So, I just rogated, they asked: Why were you of the world. We were losing critical want to take a moment this evening, constantly on the New York Public Li- foreign intelligence from our enemy to Mr. Speaker, to have an opportunity to

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.065 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1806 CONGRESSIONAL RECORD — HOUSE March 31, 2008 say hello to that McDowell-Travis fam- tory loans because the advantage for this unfinished business of our great ily and say to them, thank you so the lender was greater, they could country, and laying out the glaring dis- much for making my weekend in Or- make more money on the predatory parities that we’re witnessing in the lando so great. And hopefully I’ll have subprime loan than they could on a African American community; but another chance to see you in July, prime loan. also, what our economic empowerment when I come back to Florida for our Minority-owned businesses received agenda is of the Congressional Black national convention. Hi, everybody. only 57 cents of each dollar they would Caucus. So, thank you, Congresswoman Hope you’re doing well. be expected to receive based on the per- TUBBS JONES. Back to the reason that I’m here on centage of ‘‘ready, willing and able’’ Millions of Americans are one pay- floor to talk about the Congressional businesses that are minority owned. check, that is, if they have a paycheck, Black Caucus message hour, the declin- The Congressional Black Caucus re- away from poverty. Now, the numbers ing economy and its impact on the Af- mains committed to economic em- speak for themselves. Gas prices are at rican American community. powerment in the African American record levels, averaging, in my district, GENERAL LEAVE community. This includes, but it is not $3.73 a gallon, even as oil is traded at Mrs. JONES of Ohio. Madam Speak- limited to: over $100 a barrel and big oil companies er, let me begin by seeking unanimous One, eradicated employment dis- are reaping in record profits. Fore- closures have skyrocketed, putting consent that my colleagues have 5 days crimination and ensuring the employ- hundreds of thousands of people out on in which to revise and extend their re- ment of a diverse workforce by employ- the street. The American dream of marks, to allow other Members to have ers in the private sector and in govern- homeownership is quickly turning into the opportunity to submit their re- ment, including staff of committees a nightmare for many hardworking in- marks in writing. In fact, I have in my and Members of Congress. Two, protecting the rights and work- dividuals and families in our country. hand a signed statement by my col- In my district, in Alameda County, ing conditions of all employees. league and good friend from the great we are projected to lose nearly 4,700 State of Texas, EDDIE BERNICE JOHN- Three, providing support to enable people to work, such as child care, homes to foreclosures due to the SON, which I will choose to submit for subprime mortgage crisis, eliminating transportation, health care, job re- the RECORD. $3.2 billion in home equity value. The SPEAKER pro tempore. Is there training and a living wage. Four, promoting the advancement of That’s equal to a drop in home equity objection to the request of the gentle- by almost $8,500 for each homeowner in African Americans into management, woman from Ohio? my district. Meanwhile, food prices executive and director positions. There was no objection. have risen, squeezing recipients of food Mrs. JONES of Ohio. Let me begin Five, providing equal access to cap- stamps even as the number of people with a quote. ‘‘At the bottom of edu- ital for individuals and businesses, and expected to enroll in the program will cation, at the bottom of politics, even the elimination of redlining and preda- reach a record 28 million people in the tory lending practices. at the bottom of religion, there must next fiscal year. Six, expanding affordable rental and be economic independence.’’ Booker T. Health care costs are going through ownership of housing. Washington from 1903. These words, the roof, even as this administration is Seven, achieving aggressive minority spoken more than a century ago by one posing massive cuts in funding for business goals and participation in gov- of our foremost African American Medicare and Medicaid, and African ernment and private contracting. thinkers and educators, perhaps might Americans continue to be the hardest So, tonight you will hear from var- be more relevant today than they were hit. As of February 2008, the unemploy- ious members of the Congressional in 1903. ment rate for African Americans was Black Caucus as we discuss the many For far too long, the current admin- over 8.3 percent, nearly double the na- istration has danced around this issue, economic problems facing the African tional average of 4.3 percent. Among hoping that it would go away. But it is American community, as well as our the African American community, pov- time that we state the truth. Our econ- plans to address those issues. erty rates are 2.5 times higher than the omy is in decline. Today, hardworking If I can go back to my experience in national average. Even more dis- African American families are strug- Orlando this weekend. I had an oppor- turbing, almost 40 percent of African gling to make ends meet in this slow- tunity to participate in this wonderful American children under 5 years of age ing economy. Wages are flat, prices are ceremony involving 10 young African live in poverty. And all the while, Afri- high, and for many, jobs are hard to American men and women that were can Americans continue to be the tar- come by. juniors and seniors in high school. And get for, as we talked about earlier, These problems are even greater in the experiences and backgrounds of subprime loans. the African American community. Un- these young men and women were just African Americans are three times employment rates for African Ameri- fantastic. And one of the things I re- more likely to have a subprime loan cans are consistently almost double for minded them of was, no deposit, no re- than whites, accounting for 52 percent white Americans. The median family turn. I talked to them about, we used of all subprime loans. And as the hous- earnings of full-time African American the expression, birds of a feather flock ing market has collapsed, estimates in- workers is consistently over $130 less together, and that eagles do not fly dicate that African Americans alone than white workers who are similarly with sparrows. And I suggested to them will lose between 164 to $213 billion in educated and situated. that they needed to be eagles so that home equity value during this reces- The poverty rate for African Ameri- they could fly far above and do more. sion. cans is almost double the national pov- But even in the midst of all of flying It’s long past time for Congress to erty rate, 24 percent versus 12.5 per- higher, doing more, in an economy like address the burden of this economic cent. And more than triple, 33 percent we are experiencing today it would be downturn on the African American versus 9.8 percent, for children under difficult for these young men and community and other communities of the age of 18. women to be successful. color and address the ongoing lack of Home ownership for African Ameri- So, I’m going to take a break for a opportunity in minority communities cans is 48 percent compared to 72 per- moment and yield to my colleague and in America. Even in the face of this cent for white Americans. And African good friend from the great State of massive housing crisis and impending Americans are more than two times California, the honorable gentlewoman recession, growing unemployment and more likely to have been denied a from California, Congresswoman BAR- the highest number of applicants for mortgage, and more than two times BARA LEE, such time as she may con- food stamps since the program’s incep- more likely to receive predatory loans. sume. tion, the Bush administration wants to In this most recent research around Ms. LEE. Let me thank the cut funding, mind you, cut funding for foreclosures, it has been shown that Af- gentlelady for her leadership and for the most vital programs so that he can rican Americans who, in fact, qualified yielding and for organizing these very continue to fund his failed occupation for prime mortgages were, in fact, important special orders, also, really, in Iraq. This is partly due to Iraq, bil- steered to subprime mortgages, preda- for reminding us tonight of much of lions of dollars that have been spent,

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.067 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1807 this economic downturn. I personally We need to pass a real bankruptcy re- pass their biggest asset from 1 genera- call this ‘‘The Iraq Recession.’’ form bill. I believe this one that we’re tion to the next, and that is a house. At nearly half a trillion dollars, the working on now is H.R. 3609. It’s called So not only are we devastating the in- occupation of Iraq and the resulting the Emergency Home Ownership and come and wealth of this generation, we Iraq recession has wasted too much of Mortgage Equity Protection Act of may well be devastating the income American treasure, drained too much 2007, that will give struggling home- and wealth of future generations. of our American resources, and most owners a fighting chance to stay in Predatory lending is the leading importantly, claimed too many Amer- their homes. cause of the foreclosures across this ican lives. And we cannot dismiss the We’ve got to reauthorize and realize country. And I need not go on and on toll that this occupation has had on that HOPE VI is an important, impor- about the issue, but let me just point the economic security of our Nation tant housing initiative, and pass H.R. out a few statistics. and on the average American family 3524, to finally stop putting an end to The Nonprofit Center for Responsible who will feel the impact of these ex- predatory lending. And instead of Lending projects that as this year penses for years to come. spending billions to bail out Bear ends, 2.2 million households in the The Joint Economic Committee esti- Stearns, we should really be investing subprime market will either have lost mates the total bill for the war that money to train our workforce and their homes to foreclosure or hold through 2008 will cost the typical fam- to expand green jobs and eradicate pov- subprime mortgages that will fail over ily of four a full $16,500. Can you imag- erty. the next several years. The real di- ine what a family of four can do with So as we remember 3 years ago, Hur- lemma that many of the families face $16,500? This conflict has claimed the ricane Katrina served as a real rude is the amount of mortgage that they lives of more than 4,000 brave members wake up call to the Nation and the con- own on the home far exceeds the real of our Armed Forces and has resulted tinuing inequality that plagues minor- value of the home. in injuries to more than 28,000 others. ity communities, especially the Afri- Additionally, only about 1.4 million Five years after the invasion and oc- can communities in America. Katrina of 15.1 million loans analyzed from 1998 cupation of Iraq, 47 million Americans opened the eyes of many Americans through 2006 were for first-time home are living without health insurance, 47 about the continuing burden of poverty buyers. Most were refinancing. And all million. And more than 36 million peo- that often isolates and traps genera- of us got those calls from people call- ple continue to live in poverty, at least tions of Americans of color, African ing up, Mrs. Jones, you have a unique 2 million of which have fallen into pov- Americans, in a cycle of poverty and opportunity right in your community erty since 2003. disenfranchisement. So we cannot ig- to refinance your home, and this pro- Five years later, it is projected that nore the legacy of Katrina, nor can we gram is just for your neighborhood. more than 2 million American families And a lot of people got fooled by those ignore the legacy of Dr. King’s words. will lose their homes to foreclosure, So this week, as we approach the 40th calls. To date, more than 500,000 of primarily over the next 2 years. And anniversary of Dr. King’s assassina- those subprime borrowers have lost worse, as the demand is increasing for tion, let us all make a commitment to their homes to foreclosure. An addi- programs serving children, the elderly honor his vision and his life’s work. We tional 1.8 million are likely to follow and the poor, and those facing the loss must end this occupation of Iraq, and as the market deteriorates. That’s of their income, more than half of our nearly 2.4 million lost homes. we must enact a real economic stim- States face serious budget shortfalls And predatory lending has expanded ulus plan, so that the American people that will force them to cut back or its reach beyond mortgage lending. even eliminate programs that serve the can move forward, take care of their Predatory practices are becoming in- most vulnerable of our populations. families, come out of this downturn creasingly prevalent in refund antici- and really begin to live the type of life, b 2115 pation, auto and payday loans. There the quality of life that they so deserve were over 12 million Refund Anticipa- So, Mr. Speaker, we must address the in the wealthiest and most powerful tion Loan borrowers in 2003. In other needs and the will of our country by country in the world. words, anticipating what your income bringing an end to this occupation and Thank you, Congresswoman STEPH- tax checks would be, people borrowed to the immeasurable costs that will ANIE TUBBS JONES, for giving us the op- on those tax checks. continue to be exacted on the physical portunity tonight to talk about the Tax preparers and lenders strip about and economic security of the American real suffering that people are feeling; $1.57 billion in fees each year from the people for generations to come. but giving people some hope that there earned income tax credits paid to Forty-one years ago, Dr. Martin Lu- are many here in Washington, D.C. on working parents, according to the 2005 ther King was, as he said, ‘‘compelled the battlefield trying to turn this study by the National Consumer Law to see the war as the enemy of the poor around. Center. and attack it as such.’’ Of course Dr. Mrs. JONES of Ohio. I want to thank And imagine what the new programs King was referring to the Vietnam my colleague, Congresswoman BAR- are going to be as we come up with War. But his understanding of the rela- BARA LEE, for her leadership, and hope these rebates that the President has tionship between the vast sums spent that she will decide to hang around a proposed for working families in order dropping bombs in a foreign country, little while with me as we go through for us to shore up Wal-Mart or Target and the resulting lack of funding for a few more issues. If you can’t, I abso- or one of these other stores. In fact, I programs that relieve hunger and pov- lutely understand. think it is pretty scary that we are erty are just as true today as they were I want to go back to the housing cri- now going to try and shore up the econ- back then, especially now with this sis for a moment. The loss of a home is omy by taking the money of people economic downturn. both devastating for the family and the who have worked hard for it. A recent survey revealed that 68 per- community. For a family, owning a I bet that many people are going to cent of Americans believe that ending home is often their only piece of the pay attention; they’re not going to the war and occupation in Iraq is an ‘‘American Pie.’’ The equity from own- stick it back in the economy. They, in important step the United States Gov- ing their home is often the only means fact, may in fact put it in a savings ac- ernment must take to respond to the to secure funding for a new business, count or try to make some money on current economic recession. So we college tuition or retirement. For the behalf of their families, or pay off an must put an end to this occupation, community, increased foreclosures existing debt. and we must fund a real economic often turn neighborhoods that once In December, the Congress enacted stimulus plan that expands unemploy- were vibrant into neglected, blighted the Mortgage Forgiveness Debt Relief ment assistance and food stamp bene- areas which ultimately raise costs for Act which, for 3 years, stops the tax on fits, provides housing assistance and local governments. phantom income when a lender forgives foreclosure relief for homeowners, and In the State of Ohio alone, 90,000 some part of the family’s mortgage in expands Medicaid payments to States homes are in foreclosure. In fact, one of foreclosure. Under prior law, the debt through the Federal medical assistance the things that we often talk about is forgiven following mortgage fore- percentage. that working class families usually closure or renegotiation was considered

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.068 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1808 CONGRESSIONAL RECORD — HOUSE March 31, 2008 income for tax purposes, resulting in a At this time, if my colleague is inter- all retirees when they elect to receive tax liability for individuals and fami- ested, I’d like to yield to her for some a guaranteed stream of income for life lies meaning, at a time when people additional commentary, Congress- from their annuity. The bill will ex- were down and out, they were then re- woman BARBARA LEE. clude Federal taxes on half of the in- quired to pay tax on something that Ms. LEE. Thank you. And you know, come generated by the annuity, up to a was forgiven by a lender. It was crazy, as I was listening to your very clear maximum of $20,000 annually. For the and thank God this whole Congress un- presentation, Congresswoman TUBBS typical retiree, it would provide a tax derstood the impact, and we passed JONES, I kept thinking of all of the peo- break of up to $5,000. that legislation. ple who really believe in the American The bill is designed to help Ameri- In December, the Congress included dream, who want to send their kids to cans who have savings maintain their $180 million for housing counseling in college, who perhaps may want to start pre-retirement standard of living. Re- the Fiscal Year 2008 Omnibus Appro- a small business and who know and search indicates that many future re- priations Bill to assist many distressed recognize that the path to wealth in tirees, including an estimated 77 mil- homeowners who are trapped in our country is through home owner- lion baby boomers, will have difficulty unaffordable loans in avoiding fore- ship. And now, given that the equity maintaining an adequate standard of closure on their homes. has just about eroded, their dreams living. By providing incentives, the Re- The Economic Stimulus Bill, which being shattered. tirement for Security for Life Act will the President will sign this week, in- You know, most Americans don’t encourage Americans to invest in their creases the FHA loan limits up to play in the stock market. You know, own retirement. $729,750 to expand affordable mortgage the only way they can acquire wealth b 2130 loan opportunities through the FHA is through home ownership. The only for families in danger of losing their way they can live the American dream The periodic payments from a life an- homes. This was done because in areas is through leveraging the equity in nuity would guarantee income like the area in which Congresswoman their homes to realize some of their throughout retirement as a com- BARBARA LEE lives in, housing, middle dreams. And now, given this fiasco that plement to Social Security and pension income housing costs as much as we’re experiencing, so many people will benefits. A life annuity provides bene- $800,000 to $1 million. In Cleveland, an not realize their dreams. And so the ficiaries with guaranteed lifelong $800,000 home would buy you a lot of legislation that you mentioned and monthly payments. After-tax dollars, house, but not California. more that are being talked about and such as the proceeds from the sale of a Both the House and Senate have introduced, will, in many ways help house or small business, can be used to passed an FHA reform bill which would stop the hemorrhaging. purchase the annuity. Income from em- enable FHA to serve more subprime But, you know, we have to look at ployers’ sponsored plans that already borrowers at affordable rates and terms this not only in the short-term per- enjoy a tax advantage, such as IRAs to attract borrowers that have been spective, but also the long term has to and 401(k)s, are not eligible. This bipar- turned to predatory lenders in recent be addressed. And some of this has to tisan legislation encourages Americans years. do with the deregulation of the finan- to select lifetime annuity payments, The House has passed a mortgage cial services industry. And we really thereby generating a steady income for lending reform bill which cracks down life and helping them manage their on predatory lending, making sure that need to look at some regulatory reform also in the long haul to make sure that savings. consumers get mortgages they can One of the limits that happens when repay, strengthening consumer protec- this never happens again. It’s almost been the ‘‘Wild West’’ in terms of the people receive a lump sum is it seems tions against reckless and abusive like a lot of money at the time when lending practices, and giving con- financial industry. Mrs. JONES of Ohio. I’d like to you receive it, but it very easily wanes sumers the ability to seek redress. away by the time you lend your cousin I have to say that in 2001 I introduced thank my colleague. There are just a $2,000, your son $5,000, your aunt or the Predatory Lending Reduction Act, few more things that I’d like to point uncle a couple of dollars, and that and this act was focused on mortgage out and point to, and if there is an- brokers. And the reason I focused on other person coming behind me with $50,000 is gone very quickly. And that is mortgage brokers was because mort- some, a special order, I would suggest one of the reasons that I’m encour- gage brokers were not licensed, they that we should probably be finished in aging our Retirement for Security for were not required to be registered. about 15 minutes. Life Act. They were not required to give notice I, first of all, would like to focus in Another piece of legislation is called to a purchaser or a borrower that they on some of the legislation I’ve been Savings for Working Families Act. were not representing that borrower; working on around wealth building, be- This legislation was introduced, and they weren’t their agent. They were cause one of the most difficult things it’s H.R. 1514. It provides a tax credit to not required to tell the borrower that for families in the downturn of an financial institutions that match the they were going to get a percentage or economy is to try and put aside sav- savings of low-income families through a commission on the loans that they ings. And one of the things that we see individual development accounts, or made. So you had a lot of mortgage happening right now in our country are IDAs. The individual savings in an IDA brokers operating out here without any a number of companies that are closing are matched on a one-to-one basis, up licensing, without any registration, down, and people are placed in a situa- to $500 per person per year; although, without being required to give notices tion where they are now being required personal contributions into an IDA are to, like banking persons, to borrowers. to retire and they’re being given lump not limited. The match only goes up to So it was very important for us, and sum benefits in order to lessen the $500. It is a unique way and a great way that was included in the Mortgage weight or the impact that the retire- that we could have low-income families Lending Reform Act, number 3915. ment has on them. begin to understand the importance of In October, the House passed the Na- And as a proponent of wealth build- saving and receive a match for their tional Affordable Housing Trust Fund ing, I’ve been working on a couple of dollars. Bill, 2895, which establishes a trust pieces of legislation in that area. One Thousands of working families across fund, at no cost to the taxpayer, to of them is the Retirement Security for the country currently take advantage build or preserve 1.5 million affordable Life Act. of IDA matched savings and asset accu- homes or apartments over the next 10 Last year I, along with Congressman mulation. They are run by community- years. The trust fund is financed by PHILIP ENGLISH, a Republican from based organizations in partnership fees paid by Fannie Mae and Freddie Pennsylvania, reintroduced the bipar- with a qualified financial institution Mac and by increased FHA loans. tisan tax legislation that would en- that holds the deposits. IDA funds can The fact is that we have needed a na- courage Americans to select life annu- be used for college and post-secondary tional affordable housing trust fund for ities and ensure requirement security. education, purchasing a home or start- many, many years and finally, in 2007, The Retirement Security for Life Act ing a small business. Those who save in 2008, we have one that’s available. provides a tax incentive available to IDAs also receive financial planning

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K31MR7.069 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1809 education. Nationally, 500,000 Ameri- viding the information with regard to young people to go to college to be able cans are presently enrolled in 500 IDA what we are doing here because so to get the kind of degrees where they programs. In the State of Ohio, nearly often, the American people, the public, can get a great job such as we talked 5,000 benefit from 15 IDA programs. our communities, have no idea what about with the children in Orlando in The goal of the Savings for Working type of legislation is being proposed to the Eminence Program. Families Act is to encourage low-in- help with some of the burdens that And finally, we need to support and come families to save. they are forced to bear at this point in strengthen small businesses. Two- Cleveland’s Save program, which is a our history. thirds of American jobs are supported, program in the City of Cleveland where The $16,500 I mentioned earlier that are given by small business, and we I live, is a national social marketing this Iraq occupation is costing the need to encourage small business to campaign that encourages individuals, American people, just think of what continue. particularly low and moderate income, they could do with $16,500. And so I African Americans own an estimated to save. It was launched in 2001 in the have to say, part of what we have to 1.2 billion small businesses with annual City of Cleveland. America Saves now continue to do is to try to end this oc- revenues of more than $88 billion. Leg- has 53 local and State national cam- cupation, end this $3 trillion that’s islation enacted in 2007 included provi- paigns which include locations in being projected with regard to the war sions cutting taxes for small business Philadelphia, Pennsylvania; San Diego, in Iraq and make sure that imme- by $4 billion over the next 10 years. California; and New York State. More diately the American people though And the economic stimulus package than 1,000 nonprofit organizations par- can realize some benefits from their also speaks to those issues as well. ticipate. They recently celebrated tax dollars and also make sure that we I want to close with this. The Con- American Saves Week, which is a new can expand unemployment compensa- gressional Black Caucus is tirelessly and expanded effort which is aimed at tion and food stamps and just help working on issues that are important reaching more institutions. them survive through this until we can to the African American community Let me now give any further time to do something big and something that but as to the greater community as my colleague and friend, Congress- makes their lives much better. well, and the economy is the issue woman BARBARA LEE. Thank you again. that’s in the forefront of everybody’s Ms. LEE. Let me applaud you for lay- Mrs. JONES of Ohio. I want to asso- mind right now, regardless of their ing out these very important and very ciate myself with the comments of my color, regardless of their background. thoughtful bills. Hopefully, people who colleague with regard to ending the And this evening, it was our job to are listening to the Special Order to- war in Iraq and the devastation that it point out to America, those of you lis- night will understand the importance has had not only on more than 4,000 tening here on C–SPAN, to the issues of them and ask their Members of Con- families but as well as the economy of that are facing the African American gress to support them because they ac- America and the infrastructure of community and the economy and to tually should be passed and signed into America. All you need to do is pick up help people understand that, if it hits law. a paper any day and see that in any the greater community in one way, it Also, I think it’s important that we city there is a bridge that’s fallen doubly impacts the African American recognize tonight we are talking also down, there’s a sewer that’s blowing community. with regard to the Congressional Black up, there’s streets that are in trouble, And on behalf of my colleagues at the Caucus’ economic empowerment agen- et cetera, et cetera, et cetera. And I Congressional Black Caucus and our da, and what you have laid out is cen- want to close on this particular note. Chairwoman, CAROLYN C. KILPATRICK, tral to an economic empowerment It is so important to the improve- I’m pleased to close this message hour agenda of the African American com- ment of this economy and the status of out and thank the Speaker, NANCY munity throughout our country, but America that we make sure there are PELOSI, for the opportunity to present. also, in addition, we have talked a lot good-paying jobs that come back to Ms. EDDIE BERNICE JOHNSON of Texas. about the disparities and why we have America. I keep hearing these discus- Mr. Speaker, for millions of American families to have this economic empowerment sions about, well, there are jobs, and it is becoming more and more difficult to make agenda because we are still faced with there are not people in America who ends meet. Our economic outlook is grim in many, many disparities in health care want to do these jobs. That is not cor- light of the recent housing crisis, fluctuating in- and education and economic develop- rect. There are good, hardworking peo- terest rates, and increasing prices. Working ment. ple. The people of America work harder Americans are feeling a serious squeeze on And when you look at the African than people in any other country. They their family finances, because for too long, Re- American business community and the have less vacation, less time off, and publicans and this administration ran up big lack of capital, when you look at the they work very, very hard. deficits and ignored priorities here at home. small business administration and the The dilemma that’s faced is the offer- With the economy continuing to decline, Af- type of problems and difficulties we ing of jobs that do not pay good sala- rican American households are suffering dis- have had over the years, you can see ries; that do not, in fact, provide appro- proportionately. In 2006, African Americans that, in many ways, many of the initia- priate benefits. And the people of were two times more likely to get high-cost tives that have begun over the years America are going to want go to work, subprime loans. In my district, more than half that would have helped during this eco- and the innovation agenda that was of loans given to working Americans were nomic recession have been just about passed last fall in this Congress and subprime; of these loans, 80 percent were Af- cut out. So it is about time we go back signed into law by the President speaks rican American. One in six resulted in fore- to the drawing board and regroup and to some of those issues. closure; this is unacceptable. not only resurrect some of the strate- And it is so important that we do In 2007, the Democratic led Congress gies that actually work but come forth things to improve the education of our passed an increase to the minimum wage, but with new legislation such as we are young people so they are better quali- this does not help Americans who cannot find talking about tonight. fied to work on jobs, and that was done jobs. The African American unemployment So, in closing, I just want to thank through the College Opportunity and rate has climbed from 8 percent this fall to 9.2 the Congressional Black Caucus, again Affordability Act of 2008. percent in January, with 1.6 million African under Congresswoman KILPATRICK’s It is also important that we encour- Americans currently looking for work. leadership, for making sure that the age young men and women to go into I applaud the Congressional Democrat overall agenda of the CBC is put forth the sciences. The statistics show that, Leadership for their rapid agreement on an every Monday night under Congress- in 2000, only 4 percent of the science economic stimulus package to aid families woman TUBBS JONES’ leadership, be- and engineering jobs in the United across America. While I feel that this stimulus cause this is so important. In fact, we States were held by African Americans. package is a step in the right direction, I am were in recess over the last couple of Nearly 40 percent of Americans under disappointed that there was no aggressive weeks, and I ran into many, many peo- the age of 18 are African Americans or plan for job training programs such as: adult ple who thanked us for getting the other minorities. So we need to do education and literacy, welfare-to-work, and word out, sounding the alarm, pro- more and more and more to encourage vocational education.

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\CR\FM\K31MR7.071 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1810 CONGRESSIONAL RECORD — HOUSE March 31, 2008 As a senior member of the House Science Mr. KIND (at the request of Mr. (The following Members (at the re- Committee, I feel it is important to invest in HOYER) for today on account of travel quest of Mr. WAMP) to revise and ex- our children’s futures. This Congress has led delays. tend their remarks and include extra- the fight to address access to higher edu- Ms. GRANGER (at the request of Mr. neous material:) cation, enrichment programs in STEM fields, BOEHNER) for today through April 11, Mr. POE, for 5 minutes, today, April advancement in educational programs for mi- 2008, on account of medical reasons. 1, 2, and 3. norities, and spur critical research and devel- Mr. WHITFIELD of Kentucky (at the Mr. JONES of North Carolina, for 5 opment to meet the needs of the country. request of Mr. BOEHNER) for today on minutes, today, April 1, 2, and 3. Education is the foundation to building a better account of unforeseen travel difficul- Mr. FRANKS of Arizona, for 5 minutes, and brighter future for all Americans. ties. today, April 1, 2, and 3. Mr. Speaker, honest, hard-working men and f Mr. DREIER, for 5 minutes, today, women are struggling to make a decent living SPECIAL ORDERS GRANTED April 1, 2, and 3. as they go about their daily routines. The eco- Mr. WAMP, for 5 minutes, today. nomic disparities of African American and By unanimous consent, permission to Mrs. SCHMIDT, for 5 minutes, today. other minorities are truly hurting this country. address the House, following the legis- Mr. WESTMORELAND, for 5 minutes, I am hopeful that the President will join this lative program and any special orders today. Congress to help find long-term, comprehen- heretofore entered, was granted to: Mr. BURTON of Indiana, for 5 minutes, sive measures as opposed to a temporary (The following Members (at the re- today, April 1, 2, and 3. bandaid to our economic problems. quest of Ms. WOOLSEY) to revise and ex- f f tend their remarks and include extra- neous material:) ADJOURNMENT LEAVE OF ABSENCE Ms. WOOLSEY, for 5 minutes, today. By unanimous consent, leave of ab- Mr. DEFAZIO, for 5 minutes, today. Mrs. JONES of Ohio. Mr. Speaker, I sence was granted to: Ms. KAPTUR, for 5 minutes, today. move that the House do now adjourn. Mr. BRALEY of Iowa (at the request of Ms. LINDA T. SA´ NCHEZ of California, The motion was agreed to; accord- Mr. HOYER) for today on account of for 5 minutes, today. ingly (at 9 o’clock and 40 minutes travel delays. Mr. GEORGE MILLER of California, for p.m.), under its previous order, the Mr. HONDA (at the request of Mr. 5 minutes, today. House adjourned until tomorrow, Tues- HOYER) for today on account of official Ms. JACKSON-LEE of Texas, for 5 min- day, April 1, 2008, at 10 a.m., for morn- business in district. hutes, today. ing-hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the fourth quarter of 2007 and the first quarter of 2008, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PATRICK J. ALWINE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 31 AND FEB. 3, 2008

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Patrick J. Alwine ...... 1/31 2/1 Turkey ...... 140.00 ...... 46.00 ...... 186.00 2 /1 2 /2 Afghanistan ...... 75.00 ...... 75.00 2 /2 2 /3 Austria ...... 209.00 ...... 295.29 ...... 504.29

Committee total ...... 765.29

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. PATRICK J. ALWINE, Mar. 3, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, KENNETH A. KRAFT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 31 AND FEB. 3, 2008

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Kenneth A. Kraft ...... 1/31 2/1 Turkey ...... 140.00 ...... 46.00 ...... 186.00 2 /1 2 /2 Afghanistan ...... 75.00 ...... 75.00 2 /2 2 /3 Austria ...... 209.00 ...... 295.29 ...... 504.29

Committee total ...... 765.29

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. KENNETH A. KRAFT, Mar. 3, 2008.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DANIEL MURPHY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 16 AND FEB. 21, 2008

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Daniel Murphy ...... 2/16 2/21 Cape Verde ...... 1,600,000 ...... 6,845.60 ...... 8,445.60

Committee total ...... 1,600.00 ...... 6,845.60 ...... 8,445.60

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DANIEL MURPHY, Mar. 10, 2008.

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 8634 E:\CR\FM\A31MR7.040 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1811 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DANIEL MURPHY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 16 AND FEB. 21, 2008

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Daniel Murphy ...... 2/16 2/16 Portugal ...... 1,600.00 ...... 6,845.60 ...... 8,445.60 2/16 2/21 Cape Verde ...... Committee total ...... 1,600.00 ...... 6,845.60 ...... 8,445.60 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DANIEL MURPHY, Mar. 10, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOMELAND SECURITY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN SEPT. 1 AND DEC. 31, 2007

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Ed Perlmutter ...... 11/30 12/2 Jordan ...... 139.65 ...... 6815.13 ...... 174.00 ...... 7128.78 12/2 12/4 Iraq ...... 9.63 ...... 4432.90 ...... 5.00 ...... 4447.53 Hon. Yvette Clarke ...... 11/24 12 /26 Italy ...... 954.00 ...... (3) ...... 954.00 11/27 11/27 Chad ...... 286.00 ...... (3) ...... 286.00 11/28 11/30 Ethiopia ...... 610.00 ...... (3) ...... 610.00 12/1 12/2 Belgium ...... 452.00 ...... (3) ...... 452.00 Committee total ...... 2,451.28 ...... 11,248.03 ...... 179.00 ...... 13,878.31 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h BENNIE G. THOMPSON, Chairman.

OFFICE OF COMPLIANCE NOTICE An inquiries regarding the accompanying posed Rulemaking included a thirty day OF ADOPTION OF SUBSTANTIVE Notice should be addressed to Tamara E. comment period, which began on December REGULATIONS AND SUBMISSION Chrisler, Executive Director of the Office of 2, 2001. A number of comments to the pro- FOR CONGRESSIONAL APPROVAL Compliance, 110 2nd Street, SE., Room LA– posed substantive regulations were received 200, Washington, DC. 20540; 202–724–9250, TDD by the Office of Compliance from interested U.S. CONGRESS, 202–426–1912. parties. The Board of Directors has reviewed OFFICE OF COMPLIANCE, Sincerely, the comments from interested parties, en- Washington, DC, March 21, 2008. SUSAN S. ROBFOGEL, gaged in extensive discussions with stake- Hon. NANCY J. PELOSI, Chair. holders to obtain input and suggestions into Speaker, House of Representatives, the drafting of the regulations, made a num- Washington, DC. ADOPTION OF THE OFFICE OF COMPLIANCE REG- ber of changes to the proposed substantive DEAR MADAM SPEAKER: On March 14, 2008, ULATIONS IMPLEMENTING CERTAIN SUB- regulations in response to comments, and The Board of Directors of the Office of Com- STANTIVE EMPLOYMENT RIGHTS AND PRO- has adopted the amended regulations. pliance sent to your office the Text of Adopt- TECTIONS FOR VETERANS, AS REQUIRED BY 2 What is the effect of the Board’s ‘‘adop- ed Veterans’ Employment Opportunities U.S.C. 1316a, THE CONGRESSIONAL ACCOUNT- tion’’ of these proposed substantive regula- Regulations and a Notice of Adoption of Sub- ABILITY ACT OF 1995, AS AMENDED (CAA) tions? Adoption of these substantive regula- stantive Regulations and Submission for PROCEDURAL SUMMARY tions by the Board of Directors does not Congressional Approval. We have been ad- complete the promulgation process. Pursu- Issuance of the board’s initial notice of proposed vised that there are a few typographical er- ant to section 304 of the CAA, 2 U.S.C. 1384, rulemaking rors in the Text of the Regulations and in the procedure for promulgating such sub- the Notice and Submission. Please accept On February 28, 2000, and March 9, 2000, the stantive regulations requires that: the attached documents and disc as the cor- Office of Compliance published an Advanced (1) the Board of Directors issue proposed rected versions of both the Text of the Regu- Notice of Proposed Rulemaking (‘‘ANPR’’) in substantive regulations and publish a gen- lations and the Notice and Submission. the Congressional Record (144 Cong. Rec. eral notice of proposed rulemaking in the The Notice and Submission has been cor- S862 (daily ed., Feb. 28, 2000), H916 (daily ed., Congressional Record (the December 1 No- rected to show that it is in Section 1.118(c), March 9, 2000)). On December 6, 2001, upon tice); rather than Section 1.117(c) that the Board consideration of the comments to the ANPR, (2) there be a comment period of at least 30 has clarified that an applicant’s request for the Office published a Notice of Proposed days after the date of publication of the gen- information must be made in writing. In ad- Rulemaking (‘‘NPR’’) in the Congressional eral notice of proposed rulemaking; and dition, the Notice and Submission has been Record (147 Cong. Rec. S12539 (daily ed. Dec. (3) after consideration of comments by the corrected to show that it is Section 1.118(d), 6, 2001), H9065 (daily ed. Dec. 6, 2001)). The Board of Directors, that the Board adopt reg- rather than Section 1.118(e) that has been re- Board took no action on those earlier No- ulations and transmit notice of such action vised to provide that employing offices are tices and instead, after extensive consulta- together with the regulations and a rec- expected to answer applicant questions con- tion with stakeholders, issued a subsequent ommendation regarding the method for Con- cerning the employing office’s veterans’ pref- Notice on December 1, 2001. erence policies and practices only if such gressional approval of the regulations to the Why did the Board propose these new Reg- questions are ‘‘relevant and non-confiden- Speaker of the House and President pro tem- ulations? Section 4(c) of the CAA, 2 U.S.C. tial.’’ pore of the Senate for publication in the The Text of the Regulations has also been 1316a (4), requires that the Board of Directors Congressional Record. corrected to be consistent with the Notice propose substantive regulations imple- This Notice of Adoption of Substantive and Submission and modifies Section 1.108(b) menting the rights and protections relating Regulations and Submission for Congres- to require employing offices to consider vet- to veterans’ employment which are ‘‘the sional Approval completes the third step de- erans’ preference as ‘‘an affirmative factor in same as the most relevant substantive regu- scribed above. the employing office’s determination of who lations (applicable with respect to the execu- What are the next steps in the process of will be appointed from among qualified ap- tive branch) promulgated to implement the promulgation of these regulations? Pursuant plicants.’’ statutory provisions . . . except insofar as to section 304(b)(4) of the CAA, 2 U.S.C. The Board requests that the accompanying the Board may determine, for good cause 1384(b)(4), the Board of Directors is required corrected Notice be published in both the shown and stated together with the regula- to ‘‘include a recommendation in the general House and Senate versions of the Congres- tion, that a modification of such regulations notice of proposed rulemaking and in the sional Record on the first day on which both would be more effective for the implementa- regulations as to whether the regulations Houses are in session following receipt of tion of the rights and protections under this should be approved by resolution of the Sen- this transmittal. The Board also requests section.’’ ate, by resolution of the House of Represent- that Congress approve the proposed Regula- What procedure followed the Board’s De- atives, by concurrent resolution, or by joint tions, as corrected and further specified in cember 1, 2001 Notice of Proposed Rule- resolution.’’ The Board of Directors rec- the accompanying Notice. making? The December 1, 2001 Notice of Pro- ommends that the House of Representatives

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.034 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1812 CONGRESSIONAL RECORD — HOUSE March 31, 2008 adopt the ‘‘H’’ version of the regulations by member of Congress or by a Committee or therefore, for an executive branch employee resolution; that the Senate adopt the ‘‘S’’ Subcommittee of either House of Congress or who has initially been employed in a posi- version of the regulations by resolution; and a Joint Committee of the House of Rep- tion that is not within the competitive serv- that the House and Senate adopt the ‘‘C’’ resentatives and the Senate. ice to later seek appointment to a position version of the regulations applied to the In view of the selection process for certain in the competitive service. The employing other employing offices by a concurrent res- Senate employees, the words ‘‘or directed’’ offices within the legislative branch do not olution. have been added to the definition of ‘‘covered have a ‘‘competitive service’’ and therefore Are there regulations covering veterans’ employee’’ to include any employee who is do not recognize the notion that an initial rights currently in force under the CAA? No. hired at the direction of a Senator, but appointment to the competitive service ADDITIONAL GENERAL INFORMATION whose appointment form is signed by an offi- could be made by an employee holding a po- Why are there substantive differences in cer of either House of Congress. Including sition that is not in the competitive service. the proposed regulations for the House of the words ‘‘or directed’’ in the definition has For these reasons, the Board agreed that use Representatives, the Senate, and the other the effect of excluding such employees from of the phrase ‘‘inservice placement actions’’ employing offices? Because the Board of Di- the definition of ‘‘covered employee’’ for pur- was confusing and possibly misleading. In rectors has identified ‘‘good cause’’ to mod- poses of the veterans’ preference provisions the final regulations, the definition of ‘‘ap- ify the executive branch regulations to im- in the regulations to be made applicable to pointment’’ has been modified to exclude plement more effectively the rights and pro- the Senate. A reference to 2 U.S.C. § 43d(a) ‘‘any personnel action that an employing of- tections for veterans, there are some dif- also has been added to the definition of ‘‘cov- fice takes with regard to an existing em- ferences in other parts of the proposed regu- ered employee’’. Including the reference to 2 ployee of the employing office’’. lations applicable to the Senate, the House U.S.C. § 43d(a) has the effect of excluding em- Definition of employing office of Representatives, and the other employing ployees whose appointment is allowed under that statutory provision from the definition In addition to the changes discussed above, offices. technical corrections were made to the defi- Are these proposed regulations also rec- of ‘‘covered employee’’ in the regulations to be made applicable to the Senate. These nition of ‘‘employing office’’, to clarify that ommended by the Office of Compliance’s Ex- the term includes the Capitol Police Board. ecutive Director, the Deputy Executive Di- changes will give full effect to the exclusion Veterans’ preference in appointments to re- rector for the Senate, and the Deputy Execu- in 2 U.S.C. § 1316(5)(B). Similar additions were not made in the stricted positions tive Director for the House of Representa- definition of ‘‘covered employee’’ that ap- tives? Yes, as required by section 304(b)(1) of Section 1.107 addresses the application of pears in the regulations to be made applica- the CAA, 2 U.S.C. 1384(b)(1), the substance of veterans’ preference in appointments to the ble to the House of Representatives. It ap- these regulations have also been rec- restricted positions of custodian, elevator pears that this language would be over- ommended by the Executive Director and operator, guard and messenger. As proposed, reaching for the House. As the House has dif- Deputy Executive Directors of the Office of Section 1.107 provided that, for these posi- ferent methods of making appointments and Compliance. tions, the employing office ‘‘shall restrict Are these proposed CAA regulations avail- selections, this language appears to be un- competition to preference eligibles as long as able to persons with disabilities in an alter- necessary and may create confusion given preference eligibles are available.’’ The Com- nate format? This Notice of Adoption of Sub- the practices of the House. Employees of mittee on House Administration suggested stantive Regulations, and Submission for members’ offices are excluded from coverage, that the requirement of an absolute pref- Congressional Approval is available on the and section 1.101(c) of the draft regulations erence for veterans (and other preference eli- Office of Compliance web site, provides a number of additional exceptions gibles) to fill guard positions without regard www.compliance.gov, which is compliant to coverage that otherwise are applicable to to experience, quality of work or employ- with section 508 of the Rehabilitation Act of the House: ment references would undermine the efforts (1) whose appointment is made by the 1973 as amended, 29 U.S.C. 794d. This Notice of various congressional entities to provide President with the advice and consent of the can also be made available in large print or the most secure environment possible for the Senate; Braille. Requests for this Notice in an alter- employees of and visitors to the Congres- (2) whose appointment is made by a com- native format should be made to: Annie sional office buildings. For this reason, the mittee or subcommittee of either House of Leftwood, Executive Assistant, Office of Committee requested that the Board find Congress or a joint committee of the House Compliance, 110 2nd Street, S.E., Room LA– ‘‘good cause’’ for deviating from the execu- of Representatives and the Senate; or 200, Washington, DC 20540; 202–724–9250; TDD: tive branch regulations and exclude the posi- (3) who is appointed to a position, the du- 202–426–1912; FAX: 202–426–1913. tion of guard from Section 1.107. ties of which are equivalent to those of a Supplementary Information: The Congres- Section 1.107 derives from statutory lan- Senior Executive Service position (within sional Accountability Act of 1995 (CAA), PL guage made applicable to the legislative the meaning of Section 3132(a)(2) of title 5, 104–1, was enacted into law on January 23, branch by the VEOA. Removing one of the United States Code). 1995. The CAA applies the rights and protec- four restricted positions from the regula- We believe the exceptions to coverage list- tions of 12 federal labor and employment tions would represent a significant deviation ed above will exclude from coverage all em- statutes to covered employees and employ- from the VEOA’s goal of applying the vet- ployees of the House who by statute were not ing offices within the Legislative Branch of erans’ preference principles currently appli- meant to be covered under the VEOA provi- Government. Section 301 of the CAA (2 cable in the executive branch in the legisla- sions, without creating unintended excep- U.S.C. 1381) establishes the Office of Compli- tive branch. However, the Board agrees that tions due to the selection procedures under ance as an independent office within the Leg- employing offices should not be required to HEPCA. islative Branch. appoint individuals who are not qualified to The ‘‘or directed’’ language has not been perform the role of a guard, particularly THE BOARD’S RESPONSES TO COMMENTS made to the definition of ‘‘covered em- where unique security concerns are present, Summary of major comments ployee’’ in the regulations to be made appli- simply because the individual is preference cable to the other employing offices. Em- Covered employees eligible. Accordingly, the final regulation ployees of those other employing offices are Section 1.102 sets forth general definitions clarifies that with respect to the four statu- included in the definition of ‘‘covered em- that apply throughout the Board’s veterans’ tory restricted positions, the employing of- ployee’’ even if their appointment form is preference regulations. The Committee on fice ‘‘shall restrict competition to preference signed or subject to final approval by a Mem- House Administration expressed the concern eligible applicants as long as qualified pref- ber or Members of Congress. that readers might find the definitions that erence eligible applicants are available.’’ determine coverage of the regulations con- Definition of ‘‘appointment’’ This reference to ‘‘qualified . . . applicants’’ fusing. The definition of ‘‘covered employee’’ Section 1.102(d) defines the term ‘‘appoint- is intended to refer to the definition of in Section 1.102(f) traces the definition of the ment’’. As initially proposed the term ex- ‘‘qualified applicant’’ in Section 1.102(q). same term in the Congressional Account- cluded ‘‘inservice placement actions such as Section 1.102(q) defines the term as an appli- ability Act, and then applies the differently promotions’’. This exclusion was derived cant for a covered position whom an employ- worded and potentially more limited excep- from OMB regulations applicable in the exec- ing office deems to satisfy the requisite min- tion to that term as provided in the VEOA. utive branch. See 5 CFR 211.102(c). Senate imum job-related requirements of the posi- Because these two aspects of the definition stakeholders noted that the term ‘‘inservice tion. Employing offices are provided flexi- in Section 1.102(f) are based on statutory lan- placement actions’’ is not commonly used in bility in devising the minimum job-related guage, we have not revised the definition the legislative branch and questioned wheth- requirements for a particular covered posi- itself. However, the final regulations include er the veterans’ preference would apply in tion. The unique security concerns on Cap- a new Section 1.101(c) entitled ‘‘Scope of any post-employment decisions other than itol Hill may result in additional or more Regulations’’ that contains a clear state- reductions in force as that term is defined in stringent requirements for the position of ment that the regulations shall not apply to these regulations. In the executive branch, guard. Accordingly, we have revised Section an employing office that only employs indi- the preference afforded to preference eligi- 1.107 to clarify that preference eligibles must viduals excluded from the definition of ‘‘cov- bles in the appointment process only applies be qualified to be considered for any re- ered employee’’ under the VEOA, including to original appointments in the competitive stricted position, be it that of custodian, ele- employees whose appointment is made by a service. See 5 U.S.C. § 3309. It is possible, vator operator, guard, or messenger.

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.011 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1813 Senate Employment Counsel noted that consideration of the preference as an affirm- Comments submitted by the Capitol Police the definitions of three of the four listed re- ative factor may result in the preference eli- inquired about the definition of ‘‘accredited stricted positions include the limiting words gible being appointed. In other cases, consid- physician’’ as used in Section 1.110(a)(2). The ‘‘primary duty,’’ and suggested that the defi- eration of the preference as an affirmative final regulations contain a definition of this nition of ‘‘guard’’ also include the primary factor may boost the applicant further along term at Section 1.102(a). duty limitation. We agree that this is impor- in the appointment process but ultimately Definitions applicable in reductions in force tant given that the definition of guard in- not be sufficient to overcome the other fa- Senate Employment Counsel raised a con- cludes those who ‘‘make observations for de- vorable attributes of the final candidate or cern with respect to the proposed Section tection of fire, trespass, unauthorized re- even of the others within a final pool of can- 1.111(b) provision that the ‘‘minimum com- moval of public property or hazards to fed- didates. petitive area’’ be a department or subdivi- eral personnel or property’’ and any manager Waiver of physical requirements in appoint- sion of the employing office ‘‘under separate responsible for insuring a safe work environ- ments to covered positions administration.’’ Counsel raised the concern ment may engage in these activities. Accord- As proposed, Section 1.110(b) required an that this definition could be interpreted in a ingly, we have included the limiting words employing office to notify an otherwise manner inconsistent with the definition of ‘‘primary duty’’ in the definition of guard. qualified preference eligible applicant who ‘‘competitive area’’ as ‘‘that portion of the Veterans’ preference in appointments to non- has a compensable service-connected dis- employing office’s organizational structure, restricted covered positions ability of 30% or more if the employing of- as determined by the employing office, in Section 1.108(a) requires employing offices fice determines that the applicant is not able which covered employees compete for reten- who use numerical examination or rating to fulfill the physical requirements of the tion.’’ Counsel notes that certain employing systems to add points to the ratings of pref- position. The employing office must inform offices, such as the Sergeant-At-Arms and erence eligibles in a manner that is com- the applicant of the reasons for the employ- the Secretary of the Senate, have multiple parable to the points added in accordance ing office’s determination and allow the ap- departments that are headed by different in- with the provisions of 5 U.S.C. § 3309. Com- plicant 15 days to respond and submit addi- dividuals, but some personnel decisions may ments submitted by the Committee on House tional information to the employing office. be centralized with the executive office of Administration express the concern that a Thereafter, the ‘‘highest level’’ of the em- the employing office. To address this con- ‘‘numerical examination or rating system’’ ploying office must consider any response cern, the final regulation deletes the ref- may be interpreted to apply whenever one and additional information supplied by the erence to ‘‘separate administration’’ such interviewer ‘‘rates’’ or gives numerical applicant and notify the applicant of its find- that the minimum competitive area is a ‘‘de- ‘‘grades’’ to interviewees even though other ings regarding the applicant’s ability to per- partment or subdivision of the employing of- interviewers and decision makers are not form the duties of the position. fice within the local commuting area.’’ using a similar system. To address this con- The Committee on House Administration In addition, Senate Employment Counsel suggested that the definition of ‘‘reduction cern, Section 1.108(a) has been revised to pro- inquired whether an employing office must in force’’ in Section 1.111(e) is broader in vide that the addition of veterans’ preference engage in the prescribed dialogue if the ap- scope than the regulations applicable to the points is required only when the employing plicant is clearly not the most qualified ap- executive branch. In this respect, Counsel office has ‘‘duly adopted a policy requiring plicant for the position. A concern regarding suggested that the executive branch regula- the numerical scoring or rating of applicants the timing of the required dialogue was also raised in the comments received from the tions in 5 C.F.R. § 351.201(a)(2) exclude any for covered positions....’’ As proposed, Section 1.108(b) would have Senate Employment Counsel. In those com- layoff or other personnel action that might required employing offices to consider vet- ments, Counsel raised the concern that en- otherwise be considered a ‘‘reduction in erans’ preference eligibility as an affirma- gaging in the required dialogue before a con- force’’ if at least 180 days prior notice is tive factor that would be ‘‘given weight in a ditional offer of employment is made would given. However, the executive branch regula- manner proportionately comparable to the conflict with the provisions of the Americans tions apply the 180-day exception only to points prescribed in 5 U.S.C. § 3309 in the em- with Disabilities Act regarding pre-employ- ‘‘the reclassification of an employee’s posi- ploying office’s determination of who will be ment disability-related inquiries. Section tion due to erosion of duties when such ac- 1.110 does not require or allow employing of- appointed from among qualified applicants.’’ tion will take effect after an agency has for- fices to engage in any inquiries that would Several commenters expressed concern with mally announced a reduction in force in the be unlawful under the Americans with Dis- respect to the manner in which Section employee’s competitive area and when the abilities Act. In accordance with 5 U.S.C 1.108(b)’s requirements would be adminis- reduction in force will take effect within 180 § 3312, Section 1.110(a)(2) requires an employ- tered. For example, some expressed the con- days.’’ As a result, the Board does not con- ing office to waive physical requirements on cern that application of a factor ‘‘propor- sider Section 1.111(e) to be broader in scope the basis of ‘‘the evidence before it’’, includ- tionately comparable’’ to a point system than the executive branch regulations. ing any recommendation of an accredited The Board also considered the application would, in itself, require the adoption of a physician submitted by the preference eligi- of a veterans’ preference in connection with point system to ensure compliance. Others ble applicant. It is presumed that such evi- terminations and other reductions attrib- expressed concern with respect to when the dence will come before the employing office utable to a change in party leadership or ma- preference should be afforded to qualified ap- through means allowed under the Americans jority party status within the House of Con- plicants, and suggested that Section 1.108(b) with Disabilities Act, whether this occurs gress in which a covered employee is em- simply require that the preference be the de- through an applicant’s request for accommo- ployed. The Board has determined that posi- ciding factor if all other factors among the dation or through lawful pre-employment in- tions affected by such changes are subject to applicants considered most qualified were quiries. Similarly, Section 1.110(b) does not the same considerations applicable to posi- equal. After careful consideration, the Board require an employing office to make a deter- tions in which appointment is made or di- has modified Section 1.108(b) to require em- mination regarding preference eligible appli- rected by a Member of Congress. The Board ploying offices to consider veterans’ pref- cants’ physical ability to perform the duties therefore has excluded terminations and re- erence eligibility as ‘‘an affirmative factor of the position, but only describes the proce- ductions attributable to such changes from in the employing office’s determination of dures that must be followed if and when such the definition of reduction in force in Sec- who will be appointed’’. This change has a determination is made. tion 1.111(e) in the regulations applicable to been adopted to confirm that these regula- The Committee on House Administration the House and Senate, in order to give full tions are not intended to require employing also expressed the concern that a 15-day re- effect to the exclusion in 2 U.S.C. § 1316(5)(B). offices that do not use point-based rating sponse period would impair an employing of- These changes have not been made to the systems to adopt them simply to be able to fice’s operations if there is a need to fill a definition of ‘‘reduction in force’’ contained comply with their VEOA obligations. The particular covered position quickly. To re- in the regulations applicable to the other Board reiterates that, because Section spond to this concern, the final regulation employing offices. 1.108(b) is derived from the statutory provi- includes the statement, ‘‘The director of the The Committee on House Administration sions in 5 U.S.C. § 3309, veterans’ preference employing office may, by providing written suggested that the requirement of ‘‘objec- will not be the only factor, and, depending notice to the preference eligible applicant, tively quantifiable evidence’’ be stricken upon the relative merits of the candidates, shorten the period for submitting a response from the definition of ‘‘undue interruption’’ may not be the most important factor in the with respect to an appointment to a par- in Section 1.111(f). The concept of ‘‘undue employing office’s appointment decision. ticular covered position, if necessary because interruption’’ is used in Section 1.111(c) in Section 3309 affords preference eligibles 5 or of a need to fill the covered position imme- determining whether various covered posi- 10 points when a 100-point rating scale is diately.’’ tions must be included within a particular used, and employing offices are not required The Committee on House Administration position classification or job classification. to afford any greater weight to veterans’ inquired about the definition of the ‘‘highest Section 1.111(c) states that position classi- preference in their appointment decisions. level’’ within the employing office. Con- fications or job classifications ‘‘shall refer to The Board notes that all preference eligibles sistent with the Committee’s suggestions, all covered positions within a competitive who are found by the employing office to be the final regulation refers to the ‘‘highest area that are in the same grade, occupa- ‘‘qualified applicants’’ must be afforded the ranking individual or group of individuals tional level or classification, and which are preference. The Board expects that in cases with authority to make employment deci- similar enough in duties, qualification re- where all other factors are relatively equal, sions on behalf of the employing office.’’ quirements, pay schedules, tenure (type of

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.013 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1814 CONGRESSIONAL RECORD — HOUSE March 31, 2008 employment) and working conditions so that passed the bill with full knowledge that the status vis-a` -vis other employees. Because an employing office may reassign the incum- long standing absolute retention preference OPM-like regulations will not be adopted, bent of one position to any of the other posi- of veterans would be embodied in the Act.’’ the Board has determined that the creation tions in the position classification without Hilton, 334 U.S. at 339. The Board considers of a policy, dissemination of information and undue interruption.’’ The Committee noted its task in devising these regulations to im- record keeping are necessary to insure the that the definition of ‘‘undue interruption’’ plement veterans’ preference in the legisla- effective implementation of the rights and in Section 1.111(f) allows an employing office tive branch in a manner that mirrors, as protections provided under the VEOA. This to consider quality of work when assessing closely as possible, the veterans’ preference approach meets the requirements of Section whether an employee transferred into the po- principles applicable in the executive 4(c)(4)(B) of the VEOA and is also consistent sition would need more than 90 days to com- branch. Accordingly, the final regulation re- with the purposes of the Congressional Ac- plete required work, and expressed concern tains Section 1.112 in substantially the form countability Act (see Section 301(h) of the with the requirement in the proposed regula- proposed, because the primary purpose of 5 Act, 2 U.S.C. § 1381(h), which charges the Of- tion that an employing office prove ‘‘undue U.S.C. § 3502(c) is to make veteran’s pref- fice of Compliance with carrying out a pro- interruption’’ by ‘‘objectively quantifiable erence the controlling factor in retention de- gram of education ‘‘. . . to inform individ- evidence.’’ In this respect, the Committee cisions. An additional concern was expressed uals of their rights under laws made applica- noted that quality of work is often a subjec- that use of the term ‘‘rated’’ in Section 1.112 ble to the legislative branch of the Federal tive determination which, by its nature, can- suggests that employing offices must adopt Government’’). not always be proven by ‘‘objectively quan- formal rating systems in order to comply Adoption of Veterans’ Preference Policy tifiable evidence.’’ The Board agrees that the with the regulation. The Board agrees that Senate Employment Counsel and other proposed ‘‘objectively quantifiable evidence’’ the term may lead to confusion and has commenters suggest that, as proposed, Sec- requirement could create unnecessary confu- modified the provisions in Section 1.112 so tion 1.116 was overbroad to the extent that it sion with respect to the burden of proof ap- that the veterans’ preference will apply only would require employing offices to make plicable in a claim brought under the VEOA if the preference eligible employee’s per- their veterans’ preference policies available and has, therefore, deleted the reference to formance has not been ‘‘determined to be’’ to the public upon request. Senate Employ- ‘‘objectively quantifiable evidence’’ in the unacceptable. ment Counsel notes that ‘‘unlike executive final regulations. Good cause for requirements in subpart E branch agencies, Senate employing offices The Committee also questioned Section The regulations in Subpart E contain var- are not subject to the Freedom of Informa- 1.111(f)’s reference to ‘‘work programs.’’ Al- ious informational requirements. Section tion Act and therefore have no duty to make though the Committee requested that the 1.116 requires an employing office with cov- available to the public any records regarding Board provide a definition of ‘‘work pro- ered employees to adopt a written veterans’ their employment practices.’’ (Citing 5 gram,’’ the Board considered it more prudent preference policy. Section 1.117 requires em- U.S.C. § 551, which defines ‘‘agency’’ as ex- to make this provision consistent with other ployers to retain certain information regard- cluding the Congress.) The Board agrees that references in Section 1.111(f) to ‘‘work’’ as ing their veterans’ preference decisions for effective implementation of the rights and opposed to ‘‘work programs.’’ The Committee on House Administration specified periods of time. Sections 1.118 and protections under the VEOA only requires also inquired whether the definition of re- 1.119 address the dissemination of informa- dissemination of information regarding an duction in force in Section 1.111(e) applies to tion to applicants for covered positions. Sec- employing office’s veterans’ preference poli- temporary employees. The final regulation tion 1.120 addresses the dissemination of in- cies to covered employees and applicants for clarifies that the term ‘‘reduction in force’’ formation to covered employees generally, covered positions. Accordingly, the final does not encompass a termination or other and Section 1.121 describes the notice that Section 1.116 has deleted the requirement personnel action ‘‘involving an employee must be given before a reduction in force. that these policies be made available to the Senate Employment Counsel and the Cap- who is employed by the employing office on public upon request. itol Police note that no corresponding execu- a temporary basis.’’ Record keeping tive branch regulation would require either Senate Employment Counsel suggests that Application of preference in reductions in the adoption of a written policy or the other the record retention period described in Sec- force informational and record keeping require- tion 1.117 be shortened from one year to nine Section 1.112 makes veterans’ preference ments in Subpart E. These commenters ex- months or perhaps 275 days, given the dead- the controlling factor in retention decisions press the concern that the regulations in lines by which an employee must request if the preference eligible’s performance has Subpart E are not consistent with the direc- counseling and mediation under Sections 402 not been rated unacceptable. As noted by tive in Section 4(c)(4)(B) of the VEOA, which and 403 of the Congressional Accountability Senate Employment Counsel, the Board’s states in relevant part, ‘‘The regulations Act, 2 U.S.C. § 1402 and § 1403. In this respect, proposed regulation is based upon 5 U.S.C. issued ... shall be the same as the most rel- Counsel suggests that an employing office § 3502(c), which provides that an employee is evant substantive regulations (applicable will always be informed about a possible entitled to such preference if the employee’s with respect to the executive branch) pro- claim within 8 months or approximately 240 ‘‘performance has not been rated unaccept- mulgated to implement the statutory provi- days after notice of hiring or a reduction in able under a performance appraisal system sions . . . except insofar as the Board may force is provided to the employee. Counsel implemented under Chapter 43 of this Title. determine for good cause shown and stated has not suggested that the requirement that ...’’ The Supreme Court has interpreted together with the regulation, that a modi- applicable records be retained for one year, analogous language in the predecessor legis- fication of such regulations would be more or 90 to 120 days longer than may be required lation to mean that preference eligible vet- effective for the implementation of the given the CAA deadlines, will work a signifi- erans have preference over all non-preference rights and protections under this section.’’ eligible employees, without regard to tenure, The Board has carefully considered these cant hardship on employing offices, and the length of service, or efficiency of perform- concerns and reaffirms its previous deter- Board finds it prudent to allow additional ance. Hilton v. Sullivan, 334 U.S. 323, 335 mination that there is good cause for adopt- time from the date on which the employing (1948). Counsel notes that the Senate is not ing the requirements described in Subpart E office is formally notified of a claim for that subject to the performance appraisal system of the regulations. We note first that the notice to reach the individual representa- set forth in Chapter 43 of Title 5 and asserts very structure of the statutory provisions tives of the employing office who have main- that it is improper to use 5 U.S.C. 3502(c) as made applicable to the legislative branch by tained records relative to the claim. the basis for a regulation requiring the re- the VEOA presumes that uniformly applica- Dissemination of veterans’ preference policies tention of veterans over non-veterans in all ble policies and procedures will be used in to applicants for covered positions cases. Counsel suggests that the regulation applying veterans’ preference in hiring and As proposed, Section 1.118 required that should be based on 5 U.S.C. § 3502(a), which retention decisions. We also continue to be- employing offices disseminate their vet- requires that any implementing regulation lieve that the requirements in Subpart E of erans’ preference policies and procedures to give ‘‘due effect’’ to tenure of employment, the regulations are a necessary counterpart ‘‘all qualified applicants’’ for a covered posi- military preference (subject to § 3501(a)(3)), to the approach reflected in the veterans’ tion. Several of the commenters expressed length of service and efficiency or perform- preference regulations, which affords em- concern with the burden and cost attendant ance ratings. The Board has carefully consid- ploying offices with significant discretion to such a requirement. The final regulation, ered these comments and continues to be- and flexibility in implementing their own in Section 1.118(c), requires that the de- lieve that because the VEOA makes 5 U.S.C. veterans’ preference policies and procedures. scribed information be provided ‘‘upon re- § 3502(c) applicable to the legislative branch, For example, the regulations do not mandate quest’’ from an applicant for a covered posi- the absolute veterans’ preference embodied a particular policy or practice in imple- tion, and does note require dissemination to in that section also must be made applicable menting veterans’ preference, such that ap- ‘‘all qualified applicants.’’ In Section 1.118(c) to the legislative branch. The Board notes plicants cannot turn to published regula- of the final regulations, the Board has also that the Supreme Court’s finding in Hilton tions to fully determine their rights. Fur- clarified that an applicant’s request for in- was not based on the unique elements and ther, since the regulations do not mandate formation must be made in writing. To en- attributes of the performance appraisal sys- the maintenance of retention registers, cov- sure that preference eligible applicants will tem implemented under Chapter 43 of Title 5, ered employees will not be able to inspect know that they may request information but on its understanding that ‘‘Congress such registers to determine their retention from an employing office, we have added

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.015 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1815 Section 1.118(b)(3), which requires that invi- and stating whether each such employee is ploying offices with employees covered by tations to self-identify oneself as veterans’ preference eligible. Along with the informa- the VEOA, and to provide for transparency preference eligible applicants ‘‘state clearly tion required under Section 1.121(b)(4) (the in the application of veterans’ preference in that applicants may request information covered employee’s competitive area) and covered appointment and retention deci- about the employing office’s veterans’ pref- Section 1.121(b)(5) (the covered employee’s sions. Provided, nothing in these regulations erence policies as they relate to appoint- eligibility for the veterans’ preference in re- shall be construed so as to require an em- ments to covered positions and . . . describe tention and how that status was determined) ploying office to reduce any existing vet- the employing office’s procedures for making of the final regulations, these lists are in- erans’ preference rights and protections that such requests.’’ tended to replace the provisions in 5 U.S.C. it may afford to preference eligible individ- The Committee on House Administration § 3502(d)(2)(D), which require that the notice uals. also suggested that Section 1.118(d) be modi- include ‘‘the employee’s ranking relative to H Regs: (c) Scope of Regulations. The def- fied to provide that employing offices are ex- other competing employees, and how that inition of ‘‘covered employee’’ in Section 4(c) pected to answer applicant questions con- ranking was determined.’’ Because this in- of the VEOA limits the scope of the statute’s cerning the employing office’s veterans’ pref- formation will be provided in the notice re- applicability within the Legislative branch. erence policies and practices only if such quired before a reduction in force, the Board The term ‘‘covered employee’’ excludes any questions are ‘‘relevant and non-confiden- has determined that it is unnecessary to re- employee: (1) whose appointment is made by tial.’’ The Board agrees and has revised Sec- quire that additional information be pro- the President with the advice and consent of tion 1.118(d) as suggested. vided to employees affected by a reduction in the Senate; (2) whose appointment is made Dissemination of veterans’ preference policies force, as had been contemplated by Section by a Member of Congress within an employ- to covered employees 1.121(b) of the proposed regulations. ing office, as defined by Sec. 101 (9)(A–C) of The changes in Sections 1.118, 1.119, 1.120 Several comments were received regarding the CAA, 2 U.S.C. § 1301 (9)(A–C) or; (3) whose and 1.121 of the final regulations are in- Sections 1.119 (dissemination of veterans’ appointment is made by a committee or sub- tended to reduce the burden and cost to em- preference policies to covered employees), committee of either House of Congress or a ploying offices in providing information to 1.120 (written notice prior to a reduction in joint committee of the House of Representa- applicants for covered positions, and to re- force), and 1.121 (informational requirements tives and the Senate; (4) who is appointed to duce the burden and cost to employing of- regarding veterans’ preference determina- a position, the duties of which are equivalent fices in providing information to covered em- tions). In the final regulations, these provi- to those of a Senior Executive Service posi- ployees in the event of a reduction in force. sions have been modified in several ways. Re- tion (within the meaning of section 3132(a)(2) quirements regarding information that must of title 5, United States Code). Accordingly, TEXT OF ADOPTED VETERANS’ EMPLOYMENT be provided to preference eligible applicants these regulations shall not apply to any em- OPPORTUNITIES REGULATIONS as a result of appointment determinations ploying office that only employs individuals have been moved from Section 1.121(a) and When approved by the House of Represent- excluded from the definition of covered em- now appear in Section 1.119. atives for the House of Representatives, ployee. Section 1.119 of the final regulations ad- these regulations will have the prefix ‘‘H.’’ S Regs: (c) Scope of Regulations. The def- dresses requests for information by appli- When approved by the Senate for the Senate, inition of ‘‘covered employee’’ in Section 4(c) cants for a covered position. The require- these regulations will have the prefix ‘‘S.’’ of the VEOA limits the scope of the statute’s ments of this Section have been limited to When approved by Congress for the other em- applicability within the Legislative branch. providing the employing office’s veterans’ ploying offices covered by the CAA, these The term ‘‘covered employee’’ excludes any preference policy or a summary of the policy regulations will have the prefix ‘‘C.’’ employee: (1) whose appointment is made by as it relates to appointments to covered posi- In this draft, ‘‘H&S Regs’’ denotes the pro- the President with the advice and consent of tions, a statement of whether the applicant visions that would be included in the regula- the Senate; (2) whose appointment is made is preference eligible and, if the applicant is tions applicable to be made applicable to the or directed by a Member of Congress within not preference eligible, the reasons for the House and Senate, and ‘‘C Reg’’ denotes the an employing office, as defined by Sec. employing office’s determination that the provisions that would be included in the reg- 101(9)(A–C) of the CAA, 2 U.S.C. § 1301 (9)(A–C) applicant is not preference eligible. After ulations to be made applicable to other em- or; (3) whose appointment is made by a com- further consideration, the Board removed ploying offices. mittee or subcommittee of either House of from the final regulations the requirements PART 1—Extension of Rights and Protec- Congress or a joint committee of the House that the employing office provide additional tions Relating to Veterans’ Preference Under of Representatives and the Senate; (4) who is information about its appointment decision. Title 5, United States Code, to Covered Em- appointed pursuant to 2 U.S.C. § 43d(a); or (5) As noted previously, these regulations are ployees of the Legislative Branch (section who is appointed to a position, the duties of intended to implement veterans’ preference 4(c) of the Veterans Employment Opportuni- which are equivalent to those of a Senior Ex- in the legislative branch in a manner that ties Act of 1998) ecutive Service position (within the meaning mirrors as closely as possible the veterans’ Subpart A—Matters of General Applicability of section 3132(a)(2) of title 5, United States preference principles applicable in the execu- to All Regulations Promulgated under Sec- Code). Accordingly, these regulations shall tive branch. The Board has removed the ad- tion 4 of the VEOA not apply to any employing office that only ditional informational requirements because Sec. employs individuals excluded from the defi- they exceeded OPM requirements and were 1.101 Purpose and scope. nition of covered employee. not deemed critical to the implementation 1.102 Definitions. C Reg: (c) Scope of Regulations. The defi- and enforcement of the veterans’ preference 1.103 Adoption of regulations. nition of ‘‘covered employee’’ in Section 4(c) principles made applicable to the legislative 1.104 Coordination with section 225 of the of the VEOA limits the scope of the statute’s branch by the VEOA. Congressional Accountability applicability within the Legislative branch. Section 1.120 of the final regulations ad- Act. The term ‘‘covered employee’’ excludes any dresses the dissemination of veterans’ pref- SEC. 1.101. PURPOSE AND SCOPE. employee: (1) whose appointment is made by erence policies to covered employees. For (a) Section 4(c) of the VEOA. The Veterans the President with the advice and consent of the reasons addressed above, Section 1.120(c) Employment Opportunities Act (VEOA) ap- the Senate; (2) whose appointment is made limits an employing office’s responsibility to plies the rights and protections of sections by a Member of Congres or by a committee answer questions from covered employees to 2108, 3309 through 3312, and subchapter I of or subcommittee of either House of Congress those questions that are ‘‘relevant and non- chapter 35 of title 5 U.S.C., to certain cov- or a joint committee of the House of Rep- confidential’’ concerning the employing of- ered employees within the Legislative resentatives and the Senate; or (3) who is ap- fice’s veterans’ preference policies and prac- branch. pointed to a position, the duties of which are tices. (b) Purpose of regulations. The regulations equivalent to those of a Senior Executive Section 1.121 of the final regulations ad- set forth herein are the substantive regula- Service position (within the meaning of sec- dresses the written notice required prior to a tions that the Board of Directors of the Of- tion 3132(a)(2) of title 5, United States Code). reduction in force. Under Section fice of Compliance has promulgated pursuant Accordingly, these regulations shall not 1.121(b)(6)(A) and (B) of the final regulations, to section 4(c)(4) of the VEOA, in accordance apply to any employing office that only em- the written notice must include a list of all with the rulemaking procedure set forth in ploys individuals excluded from the defini- covered employees in the covered employee’s section 304 of the CAA (2 U.S.C. § 1384). The tion of covered employee. position classification or job classification purpose of subparts B, C and D of these regu- SEC. 1.102. DEFINITIONS. and competitive area who will be retained by lations is to define veterans’ preference and Except as otherwise provided in these regu- the employing office, identifying those em- the administration of veterans’ preference as lations, as used in these regulations: ployees by job title only and stating whether applicable to Federal employment in the (a) Accredited physician means a doctor of each such employee is preference eligible, Legislative branch. (5 U.S.C. § 2108, as applied medicine or osteopathy who is authorized to and a list of all covered employees in the by the VEOA). The purpose of subpart E of practice medicine or surgery (as appropriate) covered employee’s position classification or these regulations is to ensure that the prin- by the State in which the doctor practices. job classification and competitive area who ciples of the veterans’ preference laws are in- The phrase ‘‘authorized to practice by the will not be retained by the employing office, tegrated into the existing employment and State’’ as used in this section means that the identifying those employees by job title only retention policies and processes of those em- provider must be authorized to diagnose and

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.016 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1816 CONGRESSIONAL RECORD — HOUSE March 31, 2008 treat physical or mental health conditions The term covered employee includes an ap- charge from the armed forces. The Depart- without supervision by a doctor or other plicant for employment in a covered position ment of Defense is responsible for admin- health care provider. and a former covered employee. istering and defining military discharges. (b) Act or CAA means the Congressional (h) Covered position means any position (s) Uniformed services means the armed Accountability Act of 1995, as amended (Pub. that is or will be held by a covered employee. forces, the commissioned corps of the Public L. 104–1, §§ 109 Stat. 3, 2 U.S.C. §§ 1301–1438). (i) Disabled veteran means a person who Health Service, and the commissioned corps (c) Active duty or active military duty was separated under honorable conditions of the National Oceanic and Atmospheric Ad- means full-time duty with military pay and from active duty in the armed forces per- ministration. allowances in the armed forces, except (1) for formed at any time and who has established (t) VEOA means the Veterans Employment training or for determining physical fitness the present existence of a service-connected Opportunities Act of 1998 (Pub. L. 105–339, 112 and (2) for service in the Reserves or Na- disability or is receiving compensation, dis- Stat. 3182). tional Guard. ability retirement benefits, or pensions be- (u) Veterans means persons as defined in 5 (d) Appointment means an individual’s ap- cause of a public statute administered by the U.S.C. § 2108(1), or any superseding legisla- pointment to employment in a covered posi- Department of Veterans Affairs or a military tion. tion, but does not include any personnel ac- department. SEC. 1.103. ADOPTION OF REGULATIONS. tion that an employing office takes with re- (j) Employee of the Office of the Architect (a) Adoption of regulations. Section gard to an existing employee of the employ- of the Capitol includes any employee of the 4(c)(4)(A) of the VEOA generally authorizes ing office. Office of the Architect of the Capitol, the Bo- (e) Armed forces means the United States tanic Gardens, or the Senate Restaurants. the Board to issue regulations to implement Army, Navy, Air Force, Marine Corps, and (k) Employee of the Capitol Police Board section 4(c). In addition, section 4(c)(4)(B) of Coast Guard. includes any member or officer of the Cap- the VEOA directs the Board to promulgate (f) Board means the Board of Directors of itol Police. regulations that are ‘‘the same as the most the Office of Compliance. (l) Employee of the House of Representa- relevant substantive regulations (applicable H Regs: (g) Covered employee means any tives includes an individual occupying a po- with respect to the Executive branch) pro- employee of (1) the House of Representatives; sition the pay of which is disbursed by the mulgated to implement the statutory provi- and (2) the Senate; (3) the Capitol Guide Clerk of the House of Representatives, or an- sions referred to in paragraph (2)’’ of section Board; (4) the Capitol Police Board; (5) the other official designated by the House of 4(c) of the VEOA. Those statutory provisions Congressional Budget Office; (6) the Office of Representatives, or any employment posi- are section 2108, sections 3309 through 3312, the Architect of the Capitol; (7) the Office of tion in an entity that is paid with funds de- and subchapter I of chapter 35, of title 5, the Attending Physician; and (8) the Office of rived from the clerk-hire allowance of the United States Code. The regulations issued Compliance, but does not include an em- House of Representatives but not any such by the Board herein are on all matters for ployee (aa) whose appointment is made by individual employed by any entity listed in which section 4(c)(4)(B) of the VEOA requires the President with the advice and consent of subparagraphs (3) through (8) of paragraph a regulation to be issued. Specifically, it is the Senate; (bb) whose appointment is made (g) above nor any individual described in the Board’s considered judgment based on by a Member of Congress; (cc) whose appoint- subparagraphs (aa) through (dd) of paragraph the information available to it at the time of ment is made by a committee or sub- (g) above. promulgation of these regulations, that, committee of either House of Congress or a (m) Employee of the Senate includes any with the exception of the regulations adopt- joint committee of the House of Representa- employee whose pay is disbursed by the Sec- ed and set forth herein, there are no other tives and the Senate; or (dd) who is ap- retary of the Senate, but not any such indi- ‘‘substantive regulations (applicable with re- pointed to a position, the duties of which are vidual employed by any entity listed in sub- spect to the Executive branch) promulgated paragraphs (3) through (8) of paragraph (g) equivalent to those of a Senior Executive to implement the statutory provisions re- above nor any individual described in sub- Service position (within the meaning of sec- ferred to in paragraph (2)’’ of section 4(c) of paragraphs (aa) through (ee) of paragraph (g) tion 3132(a)(2) of title 5, United States Code). the VEOA that need be adopted. above. (b) Modification of substantive regula- The term covered employee includes an ap- H Regs: (n) Employing office means: (1) plicant for employment in a covered position tions. As a qualification to the statutory ob- the personal office of a Member of the House ligation to issue regulations that are ‘‘the and a former covered employee. of Representatives; (2) a committee of the S. Regs: (g) Covered employee means any same as the most substantive regulations House of Representatives or a joint com- employee of (1) the House of Representatives; (applicable with respect to the Executive mittee of the House of Representatives and and (2) the Senate; (3) the Capitol Guide branch)’’, section 4(c)(4)(B) of the VEOA au- the Senate; or (3) any other office headed by Board; (4) the Capitol Police Board; (5) the thorizes the Board to ‘‘determine, for good a person with the final authority to appoint, Congressional Budget Office; (6) the Office of cause shown and stated together with the hire, discharge, and set the terms, condi- the Architect of the Capitol; (7) the Office of regulation, that a modification of such regu- tions, or privileges of the employment of an the Attending Physician; and (8) the Office of lations would be more effective for the im- employee of the House of Representatives or Compliance, but does not include an em- plementation of the rights and protections the Senate. under’’ section 4(c) of the VEOA. ployee (aa) whose appointment is made by S Regs: (n) Employing office means: (1) (c) Rationale for Departure from the Most the President with the advice and consent of the personal office of a Senator; (2) a com- Relevant Executive Branch Regulations. The the Senate; (bb) whose appointment is made mittee of the Senate or a joint committee of Board concludes that it must promulgate or directed by a Member of Congress; (cc) the House of Representatives and the Senate; regulations accommodating the human re- whose appointment is made by a committee or (3) any other office headed by a person source systems existing in the Legislative or subcommittee of either House of Congress with the final authority to appoint, or be di- branch; and that such regulations must take or a joint committee of the House of Rep- rected by a Member of Congress to appoint, into account the fact that the Board does not resentatives and the Senate; (dd) who is ap- hire, discharge, and set the terms, condi- possess the statutory and Executive Order pointed pursuant to 2 U.S.C. § 43d(a); or (ee) tions, or privileges of the employment of an based government-wide policy making au- who is appointed to a position, the duties of employee of the House of Representatives or thority underlying OPM’s counterpart VEOA which are equivalent to those of a Senior Ex- the Senate. ecutive Service position (within the meaning C Reg: (n) Employing office means: the regulations governing the Executive branch. of section 3132(a)(2) of title 5, United States Capitol Guide Board, the Capitol Police OPM’s regulations are designed for the com- Code). The term covered employee includes Board, the Congressional Budget Office, the petitive service (defined in 5 U.S.C. an applicant for employment in a covered Office of the Architect of the Capitol, the Of- § 2102(a)(2)), which does not exist in the em- position and a former covered employee. fice of the Attending Physician, and the Of- ploying offices subject to this regulation. C Reg: (g) Covered employee means any fice of Compliance. Therefore, to follow the OPM regulations employee of (1) the Capitol Guide Service; (2) (o) Office means the Office of Compliance. would create detailed and complex rules and the Capitol Police; (3) the Congressional (p) Preference eligible means veterans, procedures for a workforce that does not Budget Office; (4) the Office of the Architect spouses, widows, widowers or mothers who exist in the Legislative branch, while pro- of the Capitol; (5) the Office of the Attending meet the definition of ‘‘preference eligible’’ viding no VEOA protections to the covered Physician; or (6) the Office of Compliance, in 5 U.S.C. § 2108(3)(A)–(G). Legislative branch employees. We have cho- but does not include an employee: (aa) whose (q) Qualified applicant means an applicant sen to propose specially tailored regulations, appointment is made by the President with for a covered position whom an employing rather than simply to adopt those promul- the advice and consent of the Senate; or (bb) office deems to satisfy the requisite min- gated by OPM, so that we may effectuate whose appointment is made by a Member of imum job-related requirements of the posi- Congress’ intent in extending the principles Congress or by a committee or sub- tion. Where the employing office uses an en- of the veterans’ preference laws to the Legis- committee of either House of Congress or a trance examination or evaluation for a cov- lative branch through the VEOA. joint committee of the House of Representa- ered position that is numerically scored, the SEC. 1.104. COORDINATION WITH SECTION 225 OF tives and the Senate; or (cc) who is ap- term ‘‘qualified applicant’’ shall mean that THE CONGRESSIONAL ACCOUNT- pointed to a position, the duties of which are the applicant has received a passing score on ABILITY ACT. equivalent to those of a Senior Executive the examination or evaluation. Statutory directive. Section 4(c)(4)(C) of Service position (within the meaning of sec- (r) Separated under honorable conditions the VEOA requires that promulgated regula- tion 3132(a)(2) of title 5, United States Code). means either an honorable or a general dis- tions must be consistent with section 225 of

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.018 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1817 the CAA. Among the relevant provisions of sons or property; or required to stand watch abled veteran as described in 5 U.S.C. section 225 are subsection (f)(1), which pre- at or to patrol a Federal reservation, indus- § 2108(3)(c) and who has a compensable serv- scribes as a rule of construction that defini- trial area, or other area designated by Fed- ice-connected disability of 30 percent or tions and exemptions in the laws made appli- eral authority, in order to protect life and more is not able to fulfill the physical re- cable by the CAA shall apply under the CAA, property; make observations for detection of quirements of the covered position, the em- and subsection (f)(3), which states that the fire, trespass, unauthorized removal of public ploying office shall notify the preference eli- CAA shall not be considered to authorize en- property or hazards to Federal personnel or gible applicant of the reasons for the deter- forcement of the CAA by the Executive property. The term guard does not include mination and of the right to respond and to branch. law enforcement officer positions of the Cap- submit additional information to the em- ploying office, within 15 days of the date of Subpart B—Veterans’ Preference—General itol Police Board. the notification. The director of the employ- Provisions Messenger—One whose primary duty is the supervision or performance of general mes- ing office may, by providing written notice Sec. senger work (such as running errands, deliv- to the preference eligible applicant, shorten 1.105 Responsibility for administration of ering messages, and answering call bells). the period for submitting a response with re- veterans’ preference. spect to an appointment to a particular cov- 1.106 Procedures for bringing claims under SEC. 1.108. VETERANS’ PREFERENCE IN APPOINT- MENTS TO NON-RESTRICTED COV- ered position, if necessary because of a need the VEOA. ERED POSITIONS. to fill the covered position immediately. SEC. 1.105. RESPONSIBILITY FOR ADMINISTRA- (a) Where an employing office has duly Should the preference eligible applicant TION OF VETERANS’ PREFERENCE. adopted a policy requiring the numerical make a timely response, the highest ranking Subject to section 1.106, employing offices scoring or rating of applicants for covered individual or group of individuals with au- with covered employees or covered positions positions, the employing office shall add thority to make employment decisions on are responsible for making all veterans’ pref- points to the earned ratings of those pref- behalf of the employing office shall render a erence determinations, consistent with the erence eligible applicants who receive pass- final determination of the physical ability of VEOA. ing scores in an entrance examination, in a the preference eligible applicant to perform SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS manner that is proportionately comparable the duties of the position, taking into ac- UNDER THE VEOA. to the points prescribed in 5 U.S.C. 3309. For count the response and any additional infor- Applicants for appointment to a covered example, five preference points shall be mation provided by the preference eligible position and covered employees may contest granted to preference eligible applicants in a applicant. When the employing office has adverse veterans’ preference determinations, 100–point system, one point shall be granted completed its review of the proposed dis- including any determination that a pref- in a 20-point system, and so on. qualification on the basis of physical dis- erence eligible applicant is not a qualified (b) In all other situations involving ap- ability, it shall send its findings to the pref- applicant, pursuant to sections 401–416 of the pointment to a covered position, employing erence eligible applicant. CAA, 2 U.S.C. §§ 1401–1416, and provisions of offices shall consider veterans’ preference (c) Nothing in this section shall relieve an law referred to therein; 206a(3) of the CAA, 2 eligibility as an affirmative factor in the em- employing office of any obligations it may U.S.C. §§ 1401, 1316a(3); and the Office’s Proce- ploying office’s determination of who will be have pursuant to the Americans with Dis- dural Rules. appointed from among qualified applicants. abilities Act (42 U.S.C. § 12101 et seq.) as ap- plied by section 102(a)(3) of the Act, 2 U.S.C. Subpart C—Veterans’ Preference in SEC. 1.109. CREDITING EXPERIENCE IN APPOINT- § 1302(a)(3). Appointments MENTS TO COVERED POSITIONS. When considering applicants for covered Subpart D—Veterans’ preference in Sec. positions in which experience is an element reductions in force 1.107 Veterans’ preference in appointments to of qualification, employing offices shall pro- Sec. restricted covered positions. vide preference eligible applicants with cred- 1.111 Definitions applicable in reductions in 1.108 Veterans’ preference in appointments to it: force. non-restricted covered posi- (a) for time spent in the military service 1.112 Application of preference in reductions tions. (1) as an extension of time spent in the posi- in force. 1.109 Crediting experience in appointments to tion in which the applicant was employed 1.113 Crediting experience in reductions in covered positions. immediately before his/her entrance into the force. 1.110 Waiver of physical requirements in ap- 1.114 Waiver of physical requirements in re- military service, or (2) on the basis of actual pointments to covered posi- ductions in force. duties performed in the military service, or tions. 1.115 Transfer of functions. (3) as a combination of both methods. Em- SEC. 1.107. VETERANS’ PREFERENCE IN APPOINT- SEC. 1.111. DEFINITIONS APPLICABLE IN REDUC- ploying offices shall credit time spent in the TIONS IN FORCE. MENTS TO RESTRICTED POSITIONS. military service according to the method In each appointment action for the posi- (a) Competing covered employees are the that will be of most benefit to the preference covered employees within a particular posi- tions of custodian, elevator operator, guard, eligible applicant. and messenger (as defined below and collec- tion or job classification, at or within a par- (b) for all experience material to the posi- ticular competitive area, as those terms are tively referred to in these regulations as re- tion for which the applicant is being consid- stricted covered positions) employing offices defined below. ered, including experience gained in reli- (b) Competitive area is that portion of the shall restrict competition to preference eli- gious, civic, welfare, service, and organiza- employing office’s organizational structure, gible applicants as long as qualified pref- tional activities, regardless of whether he/ as determined by the employing office, in erence eligible applicants are available. The she received pay therefor. which covered employees compete for reten- provisions of sections 1.109 and 1.110 below SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS tion. A competitive area must be defined shall apply to the appointment of a pref- IN APPOINTMENTS TO COVERED PO- solely in terms of the employing office’s or- erence eligible applicant to a restricted cov- SITIONS. ganizational unit(s) and geographical loca- ered position. The provisions of section 1.108 (a) Subject to (c) below, in determining tion, and it must include all employees with- shall apply to the appointment of a pref- qualifications of a preference eligible for ap- in the competitive area so defined. A com- erence eligible applicant to a restricted cov- pointment, an employing office shall waive: petitive area may consist of all or part of an ered position, in the event that there is more (1) with respect to a preference eligible ap- employing office. The minimum competitive than one preference eligible applicant for the plicant, requirements as to age, height, and area is a department or subdivision of the position. weight, unless the requirement is essential employing office within the local commuting Custodian—One whose primary duty is the to the performance of the duties of the posi- area. performance of cleaning or other ordinary tion; and (c) Position classifications or job classi- routine maintenance duties in or about a (2) with respect to a preference eligible ap- fications are determined by the employing government building or a building under plicant to whom it has made a conditional office, and shall refer to all covered positions Federal control, park, monument, or other offer of employment, physical requirements within a competitive area that are in the Federal reservation. if, in the opinion of the employing office, on same grade, occupational level or classifica- Elevator operator—One whose primary the basis of evidence before it, including any tion, and which are similar enough in duties, duty is the running of freight or passenger recommendation of an accredited physician qualification requirements, pay schedules, elevators. The work includes opening and submitted by the preference eligible appli- tenure (type of appointment) and working closing elevator gates and doors, working el- cant, the preference eligible applicant is conditions so that an employing office may evator controls, loading and unloading the physically able to perform efficiently the du- reassign the incumbent of one position to elevator, giving information and directions ties of the position; any of the other positions in the position to passengers such as on the location of of- (b) Subject to (c) below, if an employing of- classification without undue interruption. fices, and reporting problems in running the fice determines, on the basis of evidence be- (d) Preference Eligibles. For the purpose of elevator. fore it, including any recommendation of an applying veterans’ preference in reductions Guard—One whose primary duty is the as- accredited physician submitted by the pref- in force, except with respect to the applica- signment to a station, beat, or patrol area in erence eligible applicant, that an applicant tion of section 1.114 of these regulations re- a Federal building or a building under Fed- to whom it has made a conditional offer of garding the waiver of physical requirements, eral control to prevent illegal entry of per- employment is preference eligible as a dis- the following shall apply:

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.020 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1818 CONGRESSIONAL RECORD — HOUSE March 31, 2008 (1) ‘‘active service’’ has the meaning given ing offices shall determine which, if any, ble as a disabled veteran as described in 5 it by section 101 of title 37; covered employees within a particular group U.S.C. § 2108(3)(c) and has a compensable (2) ‘‘a retired member of a uniformed serv- of competing covered employees are entitled service-connected disability of 30 percent or ice’’ means a member or former member of a to veterans’ preference eligibility status in more is not able to fulfill the physical re- uniformed service who is entitled, under accordance with these regulations. In deter- quirements of the covered position, the em- statute, to retired, retirement, or retainer mining which covered employees will be re- ploying office shall notify the preference eli- pay on account of his/her service as such a tained, employing offices will treat veterans’ gible covered employee of the reasons for the member; and preference as the controlling factor in reten- determination and of the right to respond (3) a preference eligible covered employee tion decisions among such competing cov- and to submit additional information to the who is a retired member of a uniformed serv- ered employees, regardless of length of serv- employing office within 15 days of the date of ice is considered a preference eligible only if ice or performance, provided that the pref- the notification. Should the preference eligi- (A) his/her retirement was based on dis- erence eligible employee’s performance has ble covered employee make a timely re- ability— not been determined to be unacceptable. sponse, the highest ranking individual or (I) resulting from injury or disease re- Provided, a preference eligible employee who group of individuals with authority to make ceived in line of duty as a direct result of is a ‘‘disabled veteran’’ under section 1.102(h) employment decisions on behalf of the em- armed conflict; or above who has a compensable service-con- ploying office, shall render a final deter- (ii) caused by an instrumentality of war nected disability of 30 percent or more and mination of the physical ability of the pref- and incurred in the line of duty during a pe- erence eligible covered employee to perform riod of war as defined by sections 101 and 1101 whose performance has not been determined to be unacceptable by an employing office is the duties of the covered position, taking of title 38; into account the evidence before it, includ- (B) his/her service does not include twenty entitled to be retained in preference to other ing the response and any additional informa- or more years of full-time active service, re- preference eligible employees. Provided, this tion provided by the preference eligible. gardless of when performed but not including section does not relieve an employing office When the employing office has completed its periods of active duty for training; or of any greater obligation it may be subject (C) on November 30, 1964, he/she was em- to pursuant to the Worker Adjustment and review of the proposed disqualification on ployed in a position to which this subchapter Retraining Notification Act (29 U.S.C. § 2101 the basis of physical disability, it shall send applies and thereafter he/she continued to be et seq.) as applied by section 102(a)(9) of the its findings to the preference eligible covered so employed without a break in service of CAA, 2 U.S.C. § 1302(a)(9). employee. (c) Nothing in this section shall relieve an more than 30 days. SEC. 1.113. CREDITING EXPERIENCE IN REDUC- The definition of ‘‘preference eligible’’ as TIONS IN FORCE. employing office of any obligation it may have pursuant to the Americans with Dis- set forth in 5 U.S.C 2108 and section 1.102(o) In computing length of service in connec- abilities Act (42 U.S.C. § 12101 et seq.) as ap- of these regulations shall apply to waivers of tion with a reduction in force, the employing plied by section 102(a)(3) of the CAA, 2 U.S.C. physical requirements in determining an em- office shall provide credit to preference eligi- § 1302(a)(3). ployee’s qualifications for retention under ble covered employees as follows: section 1.114 of these regulations. (a) a preference eligible covered employee SEC. 1.115. TRANSFER OF FUNCTIONS. H&S Regs: (e) Reduction in force is any who is not a retired member of a uniformed (a) When a function is transferred from one termination of a covered employee’s employ- service is entitled to credit for the total employing office to another employing of- ment or the reduction in pay and/or position length of time in active service in the armed fice, each covered employee in the affected grade of a covered employee for more than 30 forces; position classifications or job classifications days and that may be required for budgetary (b) a preference eligible covered employee in the function that is to be transferred shall or workload reasons, changes resulting from who is a retired member of a uniformed serv- be transferred to the receiving employing of- reorganization, or the need to make room for ice is entitled to credit for: fice for employment in a covered position for an employee with reemployment or restora- (1) the length of time in active service in which he/she is qualified before the receiving tion rights. The term ‘‘reduction in force’’ the armed forces during a war, or in a cam- employing office may make an appointment does not encompass a termination or other paign or expedition for which a campaign from another source to that position. (b) When one employing office is replaced personnel action: (1) predicated upon per- badge has been authorized; or by another employing office, each covered formance, conduct or other grounds attrib- (2) the total length of time in active serv- employee in the affected position classifica- utable to an employee, or (2) involving an ice in the armed forces if he is included tions or job classifications in the employing employee who is employed by the employing under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and office to be replaced shall be transferred to office on a temporary basis, or (3) attrib- (c) a preference eligible covered employee utable to a change in party leadership or ma- the replacing employing office for employ- is entitled to credit for: jority party status within the House of Con- ment in a covered position for which he/she (1) service rendered as an employee of a gress where the employee is employed. is qualified before the replacing employing county committee established pursuant to C Reg: (e) Reduction in force is any ter- office may make an appointment from an- section 8(b) of the Soil Conservation and Al- mination of a covered employee’s employ- other source to that position. ment or the reduction in pay and/or position lotment Act or of a committee or association of producers described in section 10(b) of the Subpart E—Adoption of Veterans’ preference grade of a covered employee for more than 30 policies, recordkeeping & informational re- days and that may be required for budgetary Agricultural Adjustment Act; and (2) service rendered as an employee de- quirements. or workload reasons, changes resulting from Sec. reorganization, or the need to make room for scribed in 5 U.S.C. § 2105(c) if such employee moves or has moved, on or after January 1, 1.116 Adoption of veterans’ preference pol- an employee with reemployment or restora- icy. tion rights. The term ‘‘reduction in force’’ 1966, without a break in service of more than 3 days, from a position in a nonappropriated 1.117 Preservation of records made or kept. does not encompass a termination or other 1.118 Dissemination of veterans’ preference fund instrumentality of the Department of personnel action: (1) predicated upon per- policies to applicants for cov- Defense or the Coast Guard to a position in formance, conduct or other grounds attrib- ered positions. utable to an employee, or (2) involving an the Department of Defense or the Coast 1.119 Information regarding veterans’ pref- employee who is employed by the employing Guard, respectively, that is not described in erence determinations in ap- office on a temporary basis. 5 U.S.C. § 2105(c). pointments. (f) Undue interruption is a degree of inter- SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS 1.120 Dissemination of veterans’ preference ruption that would prevent the completion IN REDUCTIONS IN FORCE. policies to covered employees. of required work by a covered employee 90 (a) If an employing office determines, on 1.121 Written notice prior to a reduction in days after the employee has been placed in a the basis of evidence before it, that a covered force. different position under this part. The 90-day employee is preference eligible, the employ- SEC. § 1.116. ADOPTION OF VETERANS’ PREF- standard should be considered within the al- ing office shall waive, in determining the ERENCE POLICY. lowable limits of time and quality, taking covered employee’s retention status in a re- No later than 120 calendar days following into account the pressures of priorities, duction in force: Congressional approval of this regulation, deadlines, and other demands. However, (1) requirements as to age, height, and each employing office that employs one or work generally would not be considered to be weight, unless the requirement is essential more covered employees or that seeks appli- unduly interrupted if a covered employee to the performance of the duties of the posi- cants for a covered position shall adopt its needs more than 90 days after the reduction tion; and written policy specifying how it has inte- in force to perform the optimum quality or (2) physical requirements if, in the opinion grated the veterans’ preference requirements quantity of work. The 90-day standard may of the employing office, on the basis of evi- of the Veterans Employment Opportunities be extended if placement is made under this dence before it, including any recommenda- Act of 1998 and these regulations into its em- part to a program accorded low priority by tion of an accredited physician submitted by ployment and retention processes. Upon the employing office, or to a vacant position. the employee, the preference eligible covered timely request and the demonstration of SEC. 1.112. APPLICATION OF PREFERENCE IN RE- employee is physically able to perform effi- good cause, the Executive Director, in his/ DUCTIONS IN FORCE. ciently the duties of the position. her discretion, may grant such an employing Prior to carrying out a reduction in force (b) If an employing office determines that office additional time for preparing its pol- that will affect covered employees, employ- a covered employee who is a preference eligi- icy. Each such employing office will make

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.022 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1819 its policies available to applicants for ap- condition or history of an individual will be (3) the employing office may provide other pointment to a covered position and to cov- collected, maintained and used only in ac- information in its guidances regarding its ered employees in accordance with these reg- cordance with the Americans with Disabil- veterans’ preference policies and practices, ulations. The act of adopting a veterans’ ities Act (42 U.S.C. § 12101 et seq.) as applied but is not required to do so by these regula- preference policy shall not relieve any em- by section 102(a)(3) of the CAA, 2 U.S.C. tions. ploying office of any other responsibility or § 1302(a)(3). (c) Employing offices are also expected to requirement of the Veterans Employment (3) the employing office shall state clearly answer questions from covered employees Opportunity Act of 1998 or these regulations. that applicants may request information that are relevant and non-confidential con- An employing office may amend or replace about the employing office’s veterans’ pref- cerning the employing office’s veterans’ pref- its veterans’ preference policies as it deems erence policies as they relate to appoint- erence policies and practices. necessary or appropriate, so long as the re- ments to covered positions, and shall de- SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUC- sulting policies are consistent with the scribe the employing office’s procedures for TION IN FORCE. VEOA and these regulations. making such requests. (a) Except as provided under subsection (c), SEC. 1.117. PRESERVATION OF RECORDS MADE (c) Upon written request by an applicant a covered employee may not be released due OR KEPT. for a covered position, an employing office to a reduction in force, unless the covered An employing office that employs one or shall provide the following information in employee and the covered employee’s exclu- more covered employees or that seeks appli- writing: sive representative for collective-bargaining cants for a covered position shall maintain (1) the VEOA definition of veterans’ ‘‘pref- purposes (if any) are given written notice, in any records relating to the application of its erence eligible’’ as set forth in 5 U.S.C. 2108 conformance with the requirements of para- veterans’ preference policy to applicants for or any superseding legislation, providing the graph (b), at least 60 days before the covered covered positions and to workforce adjust- actual, current definition in a manner de- employee is so released. ment decisions affecting covered employees signed to be understood by applicants, along (b) Any notice under paragraph (a) shall in- for a period of at least one year from the with the statutory citation; clude - date of the making of the record or the date (2) the employing office’s veterans’ pref- (1) the personnel action to be taken with of the personnel action involved or, if later, erence policy or a summary description of respect to the covered employee involved; one year from the date on which the appli- the employing office’s veterans’ preference (2) the effective date of the action; cant or covered employee is notified of the policy as it relates to appointments to cov- (3) a description of the procedures applica- personnel action. Where a claim has been ered positions, including any procedures the ble in identifying employees for release; brought under section 401 of the CAA against employing office shall use to identify pref- (4) the covered employee’s competitive an employing office under the VEOA, the re- erence eligible employees; area; spondent employing office shall preserve all (3) the employing office may provide other (5) the covered employee’s eligibility for personnel records relevant to the claim until information to applicants regarding its vet- veterans’ preference in retention and how final disposition of the claim. The term ‘‘per- erans’ preference policies and practices, but that preference eligibility was determined; sonnel records relevant to the claim’’, for ex- is not required to do so by these regulations. (6) the retention status and preference eli- ample, would include records relating to the (d) Employing offices are also expected to gibility of the other employees in the af- veterans’ preference determination regard- answer questions from applicants for covered fected position classifications or job classi- ing the person bringing the claim and positions that are relevant and non-confiden- fications within the covered employee’s com- records relating to any veterans’ preference tial concerning the employing office’s vet- petitive area, by providing: determinations regarding other applicants erans’ preference policies and practices. (A) a list of all covered employee(s) in the for the covered position the person sought, SEC. 1.119. INFORMATION REGARDING VET- covered employee’s position classification or or records relating to the veterans’ pref- ERANS’ PREFERENCE DETERMINA- job classification and competitive area who erence determinations regarding other cov- TIONS IN APPOINTMENTS. will be retained by the employing office, ered employees in the person’s position or Upon written request by an applicant for a identifying those employees by job title only job classification. The date of final disposi- covered position, the employing office shall and stating whether each such employee is tion of the charge or the action means the promptly provide a written explanation of preference eligible, and latest of the date of expiration of the statu- the manner in which veterans’ preference (B) a list of all covered employee(s) in the tory period within which the aggrieved per- was applied in the employing office’s ap- covered employee’s position classification or son may file a complaint with the Office or pointment decision regarding that applicant. job classification and competitive area who in a U.S. District Court or, where an action Such explanation shall include at a min- will not be retained by the employing office, is brought against an employing office by imum: identifying those employees by job title only the aggrieved person, the date on which such (a) the employing office’s veterans’ pref- and stating whether each such employee is litigation is terminated. erence policy or a summary description of preference eligible. SEC. 1.118. DISSEMINATION OF VETERANS’ PREF- the employing office’s veterans’ preference (7) a description of any appeal or other ERENCE POLICIES TO APPLICANTS policy as it relates to appointments to cov- rights which may be available. FOR COVERED POSITIONS. ered positions; and (c) The director of the employing office (a) An employing office shall state in any (b) a statement as to whether the applicant may, in writing, shorten the period of ad- announcements and advertisements it makes is preference eligible and, if not, a brief vance notice required under subsection (a), concerning vacancies in covered positions statement of the reasons for the employing with respect to a particular reduction in that the staffing action is governed by the office’s determination that the applicant is force, if necessary because of circumstances VEOA. not preference eligible. not reasonably foreseeable. (b) An employing office shall invite appli- SEC. 1.120. DISSEMINATION OF VETERANS’ PREF- (d) No notice period may be shortened to cants for a covered position to identify ERENCE POLICIES TO COVERED EM- less than 30 days under this subsection. themselves as veterans’ preference eligible PLOYEES. f applicants, provided that in doing so: (a) If an employing office that employs one (1) the employing office shall state clearly or more covered employees provides any EXECUTIVE COMMUNICATIONS, on any written application or questionnaire written guidance to such employees con- ETC. used for this purpose or make clear orally, if cerning employee rights generally or reduc- Under clause 8 of rule XII, executive a written application or questionnaire is not tions in force more specifically, such as in a used, that the requested information is in- written employee policy, manual or hand- communications were taken from the tended for use solely in connection with the book, such guidance must include informa- Speaker’s table and referred as follows: employing office’s obligations and efforts to tion concerning veterans’ preference under 5728. A letter from the Comptroller, De- provide veterans’ preference to preference el- the VEOA, as set forth in subsection (b) of partment of Defense, transmitting a report igible applicants in accordance with the this regulation. of a violation of the Antideficiency Act by VEOA; and (b) Written guidances described in sub- the Department of the Navy, Case Number (2) the employing office shall state clearly section (a) above shall include, at a min- 07-09, pursuant to 31 U.S.C. 1351; to the Com- that disabled veteran status is requested on imum: mittee on Appropriations. a voluntary basis, that it will be kept con- (1) the VEOA definition of veterans’ ‘‘pref- 5729. A letter from the Comptroller, De- fidential in accordance with the Americans erence eligible’’ as set forth in 5 U.S.C. 2108 partment of Defense, transmitting a report with Disabilities Act (42 U.S.C. § 12101 et seq.) or any superseding legislation, providing the of a violation of the Antideficiency Act by as applied by section 102(a)(3) of the CAA, 2 actual, current definition along with the the Department of the Navy, Case Number U.S.C. § 1302(a)(3), that refusal to provide it statutory citation; 07-08, pursuant to 31 U.S.C. 1517(b); to the will not subject the individual to any ad- (2) the employing office’s veterans’ pref- Committee on Appropriations. verse treatment except the possibility of an erence policy or a summary description of 5730. A letter from the Comptroller, De- adverse determination regarding the individ- the employing office’s veterans’ preference partment of Defense, transmitting a report ual’s status as a preference eligible applicant policy as it relates to reductions in force, in- of a violation of the Antideficiency Act by as a disabled veteran under the VEOA, and cluding the procedures the employing office the Department of the Navy, Case Number that any information obtained in accordance shall take to identify preference eligible em- 07-06, pursuant to 31 U.S.C. 1351; to the Com- with this section concerning the medical ployees. mittee on Appropriations.

VerDate Aug 31 2005 04:40 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.024 H31MRPT1 wwoods2 on PRODPC68 with HOUSE H1820 CONGRESSIONAL RECORD — HOUSE March 31, 2008 5731. A letter from the Secretary, Depart- ment, transmitting a report pursuant to the tion, transmitting the Corporation’s 2007 An- ment of Homeland Security, transmitting a Federal Vacancies Reform Act of 1998; to the nual Performance Plan, in accordance with report of a violation of the Antideficiency Committee on Oversight and Government the Government Performance and Results Act in the Treasury Appropriation Fund, Reform. Act of 1993; to the Committee on Oversight pursuant to 31 U.S.C. 1351; to the Committee 5745. A letter from the General Counsel, and Government Reform. on Appropriations. Department of Housing and Urban Develop- 5758. A letter from the President and CEO, 5732. A letter from the Director, Selective ment, transmitting a report pursuant to the Overseas Private Investment Corporation, Service System, transmitting a report of a Federal Vacancies Reform Act of 1998; to the transmitting the Corporation’s report on the violation of the Antideficiency Act, pursuant Committee on Oversight and Government use of the Category Rating System during to 31 U.S.C. 1351; to the Committee on Appro- Reform. fiscal year 2007, pursuant to 5 U.S.C. 3319(d); priations. 5746. A letter from the White House Liai- to the Committee on Oversight and Govern- 5733. A letter from the Principal Deputy son, Department of Justice, transmitting a ment Reform. Under Secretary for Personnel and Readi- report pursuant to the Federal Vacancies Re- 5759. A letter from the Chief Operating Of- ness, Department of Defense, transmitting form Act of 1998; to the Committee on Over- ficer/President, Resolution Funding Corpora- report on the Family Subsistence Supple- sight and Government Reform. tion, transmitting a copy of the Resolution mental Allowance (FSSA) program, covering 5747. A letter from the Principal Deputy Funding Corporation’s Statement on Inter- the period October 1, 2006, through Sep- Assistant Attorney General, Department of nal Controls and the 2007 Audited Financial tember 30, 2007, pursuant to 37 U.S.C. 402(a) Justice, transmitting the Department’s Fed- Statements, pursuant to Public Law 101-73, Public Law 106-398, section 604(a); to the eral Information Security Management Act section 511(a) (103 Stat. 404); to the Com- Committee on Armed Services. and Agency Privacy Management Report, mittee on Oversight and Government Re- 5734. A letter from the Under Secretary for pursuant to Public Law 107-296; to the Com- form. Acquisition, Technology and Logistics, De- mittee on Oversight and Government Re- 5760. A letter from the Chair, Office of partment of Defense, transmitting the De- form. Compliance, transmitting the Office’s report 5748. A letter from the Assistant Secretary partment’s Commercial Activities Report for on the adoption of regulations implementing for Administration and Mgmt., Department 2007, pursuant to 10 U.S.C. 2462(b); to the employment rights and protection for Vet- of Labor, transmitting a report pursuant to Committee on Armed Services. erans, as required by the Congressional Ac- 5735. A letter from the Director, Pentagon the Federal Vacancies Reform Act of 1998; to countability Act of 1995, pursuant to 2 U.S.C. the Committee on Oversight and Govern- Renovation and Construction Program Of- 1316a; jointly to the Committees on Edu- ment Reform. fice, Department of Defense, transmitting cation and Labor and House Administration. 5749. A letter from the Attorney Advisor, the eighteenth annual report on the Pen- Department of Transportation, transmitting f tagon Renovation and Construction Program a report pursuant to the Federal Vacancies REPORTS OF COMMITTEES ON Office (PENREN), pursuant to 10 U.S.C. 2674; Reform Act of 1998; to the Committee on to the Committee on Armed Services. Oversight and Government Reform. PUBLIC BILLS AND RESOLUTIONS 5736. A letter from the Director, Army Na- 5750. A letter from the Assistant Secretary Under clause 2 of rule XIII, reports of tional Guard, Department of Defense, trans- for Policy and Planning, Department of Vet- committees were delivered to the Clerk mitting a report on the Army National erans Affairs, transmitting in accordance Guard’s Annual Financial Statement for FY for printing and reference to the proper with Pub. L. 105-270, the Federal Activities calendar, as follows: 2007; to the Committee on Armed Services. Inventory Reform Act of 1998 (FAIR Act), the 5737. A letter from the District of Columbia Department’s inventory of commercial ac- Mr. RAHALL: Committee on Natural Re- Auditor, Office of the District of Columbia tivities for calendar year 2006; to the Com- sources. H.R. 4933. A bill to amend the Lacey Auditor, transmitting a copy of a report en- mittee on Oversight and Government Re- Act Amendments of 1981 to protect captive titled ‘‘Fiscal Year 2007 Annual Report on form. wildlife and to make technical corrections, Advisory Neighborhood Commissions,’’ pur- 5751. A letter from the Chairman, Federal and for other purposes (Rept. 110–551). Re- suant to D.C. Code section 47-117(d); to the Deposit Insurance Corporation, transmitting ferred to the Committee of the Whole House Committee on Oversight and Government the Corporation’s 2008 Annual Performance on the State of the Union. Reform. Plan, in accordance with the Government Mr. RAHALL: Committee on Natural Re- 5738. A letter from the Federal Co-Chair- Performance and Results Act of 1993; to the sources. H.R. 3891. A bill to amend the Na- man, Delta Regional Authority, transmit- Committee on Oversight and Government tional Fish and Wildlife Foundation Estab- ting in compliance with the Accountability Reform. lishment Act to increase the number of Di- for Tax Dollars Act of 2002 (ATDA), a copy of 5752. A letter from the Chairman, Federal rectors on the Board of Directors of the Na- the Authority’s Audited Financial State- Election Commission, transmitting the Com- tional Fish and Wildlife Foundation (Rept. ments for FY 2007, pursuant to Public Law mission’s Strategic Plan for Fiscal Years 110–552). Referred to the Committee of the 106-554, section 382L; to the Committee on 2008 through 2013, pursuant to 5 U.S.C. 306; to Whole House on the State of the Union. Oversight and Government Reform. the Committee on Oversight and Govern- Mr. RAHALL: Committee on Natural Re- 5739. A letter from the Under Secretary for ment Reform. sources. H.R. 2675. A bill to provide for the Acquisitions, Technology and Logistics, De- 5753. A letter from the Chief Operating Of- conveyance of approximately 140 acres of partment of Defense, transmitting the De- ficer/President, Financing Corporation, land in the Ouachita National Forest in partment’s annual report on the implemen- transmitting a copy of the Financing Cor- Oklahoma to the Indian Nations Council, tation of Pub. L. 106-107, the Federal Finan- poration’s Statement on Internal Controls Inc., of the Boy Scouts of America, and for cial Assistance Management Improvement and the 2007 Audited Financial Statements, other purposes; with an amendment (Rept. Act of 1999; to the Committee on Oversight pursuant to Public Law 101-73, section 511(a) 110–553). Referred to the Committee of the and Government Reform. (103 Stat. 404); to the Committee on Over- Whole House of the State of the Union. 5740. A letter from the Associate General sight and Government Reform. Mr. RAHALL: Committee on Natural Re- Counsel for General Law, Department of 5754. A letter from the Administrator, Gen- sources. H.R. 3651. A bill to require the con- Homeland Security, transmitting a report eral Services Administration, transmitting veyance of certain public land within the pursuant to the Federal Vacancies Reform notification of the new mileage reimburse- boundaries of Camp Williams, Utah, to sup- Act of 1998; to the Committee on Oversight ment rates for Federal employees who use port the training and readiness of the Utah and Government Reform. privately owned vehicles while on official National Guard; with an amendment (Rept. 5741. A letter from the General Counsel, travel, pursuant to 5 U.S.C. 5707(b)(1)(A); to 110–554). Referred to the Committee of the Department of Housing and Urban Develop- the Committee on Oversight and Govern- Whole House on the State of the Union. ment, transmitting a report pursuant to the ment Reform. Mr. RAHALL: Committee on Natural Re- Federal Vacancies Reform Act of 1998; to the 5755. A letter from the Chairman, Merit sources. H.R. 2515. A bill to authorize appro- Committee on Oversight and Government Systems Protection Board, transmitting the priations for the Bureau of Reclamation to Reform. Board’s report entitled, ‘‘Attracting the carry out the Lower Colorado River Multi- 5742. A letter from the General Counsel, Next Generation: A Look at Federal Entry- Species Conservation Program in the States Department of Housing and Urban Develop- Level New Hires,’’ pursuant to 5 U.S.C. of Arizona, California, and Nevada, and for ment, transmitting a report pursuant to the 1204(a)(3); to the Committee on Oversight other purposes; with an amendment (Rept. Federal Vacancies Reform Act of 1998; to the and Government Reform. 110–555). Referred to the Committee of the Committee on Oversight and Government 5756. A letter from the General Counsel, Whole House on the State of the Union. Reform. National Labor Relations Board, transmit- Mr. RAHALL: Committee on Natural Re- 5743. A letter from the General Counsel, ting the Board’s report on the amount of ac- sources. H.R. 3352. A bill to reauthorize and Department of Housing and Urban Develop- quisitions made from entities that manufac- amend the Hydrographic Services Improve- ment, transmitting a report pursuant to the ture the articles, materials, or supplies out- ment Act, and for other purposes; with an Federal Vacancies Reform Act of 1998; to the side the United States in Fiscal Year 2007; to amendment (Rept. 110–556). Referred to the Committee on Oversight and Government the Committee on Oversight and Govern- Committee of the Whole House on the State Reform. ment Reform. of the Union. 5744. A letter from the General Counsel, 5757. A letter from the Chief Executive Of- Mr. RAHALL: Committee on Natural Re- Department of Housing and Urban Develop- ficer, Neighborhood Reinvestment Corpora- sources. H.R. 1187. A bill to expand the

VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\L31MR7.000 H31MRPT1 wwoods2 on PRODPC68 with HOUSE March 31, 2008 CONGRESSIONAL RECORD — HOUSE H1821 boundaries of the Gulf of the Farallones Na- credit for mentoring and housing young Dr. Martin Luther King, Jr., and encour- tional Marine Sanctuary and the Cordell adults; to the Committee on Ways and aging people of the United States to pause Bank National Marine Sanctuary; with Means. and remember the life and legacy of Dr. Mar- amendments (Rept. 110–557). Referred to the By Mr. PEARCE: tin Luther King, Jr., and for other purposes; Committee of the Whole House on the State H.R. 5661. A bill to amend the Surface Min- to the Committee on the Judiciary. of the Union. ing Control and Reclamation Act of 1977 to By Mrs. MCCARTHY of New York: Mr. RAHALL: Committee on Natural Re- clarify that uncertified States and Indian H. Res. 1062. A resolution expressing sup- sources. H.R. 2342. A bill to direct the Presi- tribes have the authority to use certain pay- port for National Facial Protection Month; dent to establish a National Integrated ments for certain noncoal reclamation to the Committee on Energy and Commerce. Coastal and Ocean Observation System, and projects; to the Committee on Natural Re- By Mr. WU (for himself, Mr. PETRI, Mr. for other purposes; with an amendment sources. BERMAN, Ms. ROS-LEHTINEN, Mr. (Rept. 110–558, Pt. 1). Ordered to be printed. By Mr. REYES: WEXLER, Mr. GALLEGLY, and Mr. Mr. GORDON: Committee on Science and H.R. 5662. A bill to enhance the safety of CHANDLER): Technology. H.R. 4847. A bill to reauthorize ports of entry in the United States, and for H. Res. 1063. A resolution marking the the United States Fire Administration, and other purposes; to the Committee on Home- 225th anniversary of the Treaty of Paris of for other purposes; with an amendment land Security, and in addition to the Com- 1783, which ended the Revolutionary War (Rept. 110–559). Referred to the Committee of mittees on Ways and Means, Agriculture, with the Kingdom of Great Britain and rec- the Whole House on the State of the Union. and Transportation and Infrastructure, for a ognized the independence of the United Mr. WAXMAN: Committee on Oversight period to be subsequently determined by the States of America, and acknowledging the and Government Reform. H.R. 5551. A bill to Speaker, in each case for consideration of shared values and close friendship between amend title 11, District of Columbia Official such provisions as fall within the jurisdic- the peoples and governments of the United Code, to implement the increase provided tion of the committee concerned. States and the United Kingdom of Great under the District of Columbia Appropria- By Mr. RODRIGUEZ: Britain and Northern Ireland; to the Com- tions Act, 2008, in the amount of funds made H.R. 5663. A bill to amend title 38, United mittee on Foreign Affairs. available for the compensation of attorneys States Code, to provide for an increase in the representing indigent defendants in the Dis- rates of basic educational assistance payable f trict of Columbia courts, and for other pur- under the laws administered by the Sec- PRIVATE BILLS AND poses (Rept. 110–560). Referred to the Com- retary of Veterans Affairs; to the Committee mittee of the Whole House on the State of on Veterans’ Affairs. RESOLUTIONS the Union. By Mr. RODRIGUEZ: Under clause 3 of rule XII, DISCHARGE OF COMMITTEE H.R. 5664. A bill to amend title 38, United Ms. SHEA-PORTER introduced a bill (H.R. States Code, to direct the Secretary of Vet- Pursuant to clause 2 of rule XII, the 5667) to provide for the liquidation or reliqui- erans Affairs to update at least once every Committee on Science and Technology dation of certain entries of newspaper print- six years the plans and specifications for spe- discharged from further consideration. ing presses and components thereof; which cially adapted housing furnished to veterans H.R. 2342 referred to the Committee of was referred to the Committee on Ways and by the Secretary; to the Committee on Vet- the Whole House on the State of the Means. erans’ Affairs. Union. By Mr. TURNER: f f H.R. 5665. A bill to impose limitations on investment and certain operations by foreign ADDITIONAL SPONSORS TIME LIMITATION OF REFERRED entities in the United States; to the Com- BILL Under clause 7 of rule XII, sponsors mittee on Financial Services, and in addi- were added to public bills and resolu- Pursuant to clause 2 of rule XII the tion to the Committees on Foreign Affairs, tions as follows: following action was taken by the and Energy and Commerce, for a period to be H.R. 211: Mr. SARBANES. Speaker: subsequently determined by the Speaker, in each case for consideration of such provi- H.R. 333: Mr. MURPHY of Connecticut. H.R. 948. Referral to the Committee on sions as fall within the jurisdiction of the H.R. 406: Mrs. GILLIBRAND, Mr. PRICE of Ways and Means extended for a period ending committee concerned. North Carolina, Mr. MCINTYRE, Mr. RANGEL, not later than May 2, 2008. By Ms. VELA´ ZQUEZ: Mr. MCCOTTER, Mr. RUSH, Mr. YOUNG of Alas- f H.R. 5666. A bill to amend the Internal Rev- ka, Mr. RUPPERSBERGER, Mr. MACK, and Mr. TANNER. PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to increase the earned in- come tax credit to taxpayers who exceed 40 H.R. 549: Mr. WAMP and Mr. BOSWELL. Under clause 2 of rule XII, public hours of wage work per week; to the Com- H.R. 579: Mr. BURGESS, Mr. PAYNE, Mr. bills and resolutions were introduced mittee on Ways and Means. ELLISON, and Mr. MICA. and severally referred, as follows: By Ms. JACKSON-LEE of Texas (for H.R. 601: Mr. JOHNSON of Georgia. H.R. 734: Mr. BARROW. By Mr. HENSARLING (for himself and herself, Mr. PAUL, Mr. MCCAUL of H.R. 769: Mr. HERGER. Mr. CONAWAY): Texas, Mr. POE, Mr. ORTIZ, Mr. H.R. 5656. A bill to repeal a requirement HENSARLING, Ms. GRANGER, Mr. H.R. 780: Mr. SHAYS. with respect to the procurement and acquisi- REYES, Mr. CUELLAR, Mr. BURGESS, H.R. 864: Mr. SMITH of Nebraska. tion of alternative fuels; to the Committee Mr. EDWARDS, Mr. GENE GREEN of H.R. 1023: Mr. MICHAUD. on Oversight and Government Reform. Texas, Mr. CONAWAY, Mr. CULBERSON, H.R. 1032: Mr. BOREN and Mr. MEEK of Flor- By Mr. COHEN: Mr. HINOJOSA, Ms. EDDIE BERNICE ida. H.R. 5657. A bill to clarify the authority of JOHNSON of Texas, Mr. HALL of Texas, H.R. 1043: Mr. HOLDEN, Mr. WILSON of Ohio, States to use funds as the non-Federal share Mr. GONZALEZ, Mr. SESSIONS, Mr. Mr. GUTIERREZ, and Mr. RYAN of Ohio. of Medicaid expenditures for certain regional LAMPSON, Mr. NEUGEBAUER, and Mr. H.R. 1072: Mr. TOWNS. medical centers; to the Committee on En- AL GREEN of Texas): H.R. 1073: Mr. SARBANES. ergy and Commerce. H. Con. Res. 320. Concurrent resolution H.R. 1076: Mr. WILSON of Ohio and Mr. By Mr. SKELTON (for himself and Mr. honoring Army Specialist Monica L. Brown, BISHOP of Georgia. HUNTER) (both by request): extending gratitude to her and her family, H.R. 1078: Mr. LINCOLN DIAZ-BALART of H.R. 5658. A bill to authorize appropria- and pledging continuing support for the men Florida. tions for fiscal year 2009 for military activi- and women of the United States Armed H.R. 1110: Mr. MCHENRY, Mr. CUELLAR, Ms. ties of the Department of Defense, to pre- Forces; to the Committee on Armed Serv- CASTOR, and Mr. GONZALEZ. scribe military personnel strengths for fiscal ices. H.R. 1142: Mr. GORDON, Mr. BUCHANAN, Mr. year 2009, and for other purposes; to the By Mr. LEWIS of Georgia (for himself, ROTHMAN, and Mr. CUELLAR. Committee on Armed Services. Mr. CONYERS, Mr. SMITH of Texas, Mr. H.R. 1188: Mr. ROTHMAN. By Mr. ENGLISH of Pennsylvania (for NADLER, Mr. SCOTT of Virginia, Mr. H.R. 1192: Mr. GONZALEZ, Mr. COHEN, Mr. himself, Mr. SESSIONS, Mr. WALSH of COHEN, Mr. ELLISON, Ms. ZOE ROGERS of Alabama, Mr. JOHNSON of Georgia, New York, Mr. CHABOT, Mr. WILSON LOFGREN of California, Mr. and Mr. BOUSTANY. of South Carolina, and Mr. SENSEN- CUMMINGS, Mr. RANGEL, Mr. SCOTT of H.R. 1228: Mr. DEFAZIO and Mr. KUHL of BRENNER): Georgia, Mr. CLAY, Ms. NORTON, Mr. New York. H.R. 5659. A bill to amend the Internal Rev- RUSH, Mrs. CHRISTENSEN, Mr. DAVIS H.R. 1237: Mr. LATOURETTE, Mr. EHLERS, enue Code of 1986 to allow a credit against of Illinois, Mr. HASTINGS of Florida, Ms. TSONGAS, Mr. HOEKSTRA, Mr. BOREN, Mr. income tax for recycling or remanufacturing Ms. EDDIE BERNICE JOHNSON of Texas, FEENEY, and Ms. SHEA-PORTER. equipment; to the Committee on Ways and Mr. VAN HOLLEN, Mr. CLEAVER, Mr. H.R. 1273: Mr. WEINER. Means. BISHOP of Georgia, Ms. MCCOLLUM of H.R. 1282: Mr. MOORE of Kansas. By Mr. MEEK of Florida: Minnesota, and Mr. DONNELLY): H.R. 1283: Mr. CHABOT, Mr. EMANUEL, Mr. H.R. 5660. A bill to amend the Internal Rev- H. Res. 1061. A resolution commemorating HOEKSTRA, Mr. INSLEE, Mr. LAMPSON, Mr. enue Code of 1986 to allow a nonrefundable the 40th anniversary of the assassination of MCCOTTER, Mr. RODRIGUEZ, and Mr. STUPAK.

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H.R. 1359: Mr. JONES of North Carolina. H.R. 3660: Mr. DENT. H.R. 5472: Mr. CARSON. H.R. 1422: Mrs. MUSGRAVE. H.R. 3726: Mrs. BIGGERT. H.R. 5510: Mr. ENGLISH of Pennsylvania, H.R. 1514: Ms. RICHARDSON and Ms. SOLIS. H.R. 3769: Mr. PERLMUTTER. Mr. SCOTT of Georgia, and Mr. SIRES. H.R. 1553: Mrs. BIGGERT and Mr. EMANUEL. H.R. 3799: Mr. VAN HOLLEN, Ms. MCCOLLUM H.R. 5513: Ms. WATSON and Mr. PITTS. H.R. 1576: Mr. MARIO DIAZ-BALART of Flor- of Minnesota, Mr. PASTOR, Mr. GRIJALVA, Mr. H.R. 5554: Ms. BORDALLO and Mr. LEVIN. ida. KUCINICH, and Mr. BERMAN. H.R. 5560: Mr. PRICE of North Carolina, Ms. H.R. 1589: Mr. HOLDEN. H.R. 3842: Mr. PASTOR. DEGETTE, Mrs. LOWEY, and Ms. LORETTA H.R. 1606: Mr. GONZALEZ. H.R. 3846: Mr. LEWIS of Georgia, Ms. LEE, SANCHEZ of California. H.R. 1609: Mr. VISCLOSKY. Mr. CLEAVER, Ms. SUTTON, and Mr. RANGEL. H.R. 5561: Mrs. BOYDA of Kansas and Mr. H.R. 1621: Mr. GERLACH. H.R. 3892: Ms. MCCOLLUM of Minnesota, Mr. FORTUN˜ O. H.R. 1653: Mr. MCGOVERN, Ms. CASTOR, Mr. PASTOR, and Mr. GONZALEZ. H.R. 5567: Mr. SHAYS. GUTIERREZ, and Ms. GIFFORDS. H.R. 3934: Ms. NORTON and Mr. HOBSON. H.R. 5573: Mr. PLATTS, Ms. WATERS, Mr. H.R. 1707: Mr. HARE and Ms. CLARKE. H.R. 3980: Mr. PASTOR. REYES, Mr. ANDREWS, Mr. GORDON of Ten- H.R. 1738: Mr. BUTTERFIELD and Mr. GOR- H.R. 4008: Mr. BOREN, Mr. SAM JOHNSON of nessee, Mr. GONZALEZ, and Mr. ROTHMAN. DON. Texas, Ms. BALDWIN, and Mr. KANJORSKI. H.R. 5591: Mr. GERLACH and Mr. MICHAUD. H.R. 1783: Mr. BOSWELL. H.R. 4052: Mr. MCHUGH, Mr. ARCURI, and H.R. 5609: Mr. SAM JOHNSON of Texas, Mr. H.R. 1791: Mr. REHBERG. Mr. MCCOTTER. LAMPSON, Mr. CARNAHAN, and Mr. HINOJOSA. H.R. 1823: Mr. ENGLISH of Pennsylvania and H.R. 4053: Mr. CARNAHAN and Mr. WAXMAN. H.R. 5641: Ms. GINNY BROWN-WAITE of Flor- Mr. LAMBORN. H.R. 4055: Mr. TOWNS, Ms. LEE, and Mr. ida and Mr. BURGESS. H.R. 1843: Mr. FORTUN˜ O. BERMAN. H. J. Res. 68: Mr. PAYNE. H.R. 1846: Mr. GORDON. H.R. 4105: Mr. BOYD of Florida and Mr. H. J. Res. 70: Mr. BARTLETT of Maryland. H.R. 1964: Mr. ENGEL. MEEK of Florida. H. Con. Res. 13: Mr. PETERSON of Min- H.R. 1968: Mr. BERMAN. H.R. 4109: Ms. LEE and Mr. LEWIS of Geor- nesota, Mr. GORDON, and Mr. BOYD of Flor- H.R. 1973: Ms. JACKSON-LEE of Texas. gia. ida. HLERS H.R. 1975: Mr. CAPUANO. H.R. 4139: Mr. LINCOLN DAVIS of Tennessee. H. Con. Res. 81: Mr. E . H. Con. Res. 163: Mr. CLEAVER. H.R. 1992: Mrs. CAPPS, Mr. MURPHY of Con- H.R. 4176: Mr. CANTOR. H. Con. Res. 195: Mr. YOUNG of Florida. necticut, and Mr. KENNEDY. H.R. 4188: Ms. SCHAKOWSKY. H. Con. Res. 223: Mr. JOHNSON of Illinois H.R. 2091: Mr. PERLMUTTER and Ms. FOXX. H.R. 4236: Mr. PAYNE, Ms. CASTOR, Ms. ROS- and Mr. LARSON of Connecticut. H.R. 2116: Mr. DAVIS of Alabama, Mr. DUN- LEHTINEN, Mr. ROTHMAN, Mr. PERLMUTTER, H. Con. Res. 276: Mr. TOWNS. CAN, Mr. MICA, and Mr. PITTS. Mr. MICHAUD, Mr. ALLEN, and Mr. KAGEN. H. Con. Res. 299: Mr. MELANCON, Mr. H.R. 2138: Mr. BERMAN. H.R. 4280: Mr. PEARCE. COSTELLO, Mr. KUHL of New York, Mrs. H.R. 2160: Mr. SHULER. H.R. 4283: Mr. LEWIS of Georgia. RANK SCHMIDT, Mr. ALLEN, Mr. DOOLITTLE, Mr. H.R. 2188: Mr. F of Massachusetts. H.R. 4449: Mr. GRIJALVA. H.R. 2205: Mr. COHEN. COBLE, Mr. DENT, Mr. GRIJALVA, Mr. UPTON, H.R. 4450: Ms. ZOE LOFGREN of California H.R. 2236: Ms. SLAUGHTER and Mr. ALLEN. Mr. KING of New York, Mr. GOODLATTE, Mr. and Mr. ROTHMAN. H.R. 2266: Ms. SHEA-PORTER, Mr. LAHOOD, RODRIGUEZ, and Mr. GENE GREEN of Texas. H.R. 4790: Mr. GRIJALVA. and Mr. FARR. H. Con. Res. 314: Mr. MARCHANT. H.R. 4838: Ms. GIFFORDS, Mr. ROTHMAN, and H.R. 2391: Mr. JONES of North Carolina. H. Con. Res. 318: Mr. DELAHUNT, Ms. WAT- Mr. WEINER. H.R. 2392: Mr. ABERCROMBIE. SON, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 4847: Mr. GORDON, Ms. EDDIE BERNICE H.R. 2421: Mrs. JONES of Ohio. Mr. MCDERMOTT, Mr. HINCHEY, and Mr. JOHNSON of Texas, Mr. COSTELLO, Mrs. H.R. 2452: Mr. KLEIN of Florida and Mr. BUTTERFIELD. BIGGERT, Mr. HALL of New York, Mr. LIPIN- ISRAEL. H. Res. 49: Ms. KILPATRICK, Mr. UPTON, Mr. SKI, Mr. ETHERIDGE, Mr. CHANDLER, Mr. WIL- H.R. 2458: Mr. YOUNG of Alaska. MCCOTTER, and Mr. LEWIS of Kentucky. SON of Ohio, Mr. UDALL of Colorado, Mr. H.R. 2470: Mr. JOHNSON of Georgia and Mr. H. Res. 102: Mr. GONZALEZ and Mrs. EHLERS, Mr. BILBRAY, Mr. MATHESON, Mr. SHIMKUS. BACHMANN. BARTLETT of Maryland, Mr. GERLACH, Ms. H.R. 2475: Mr. JONES of North Carolina. H. Res. 259: Mr. LEWIS of Georgia. SUTTON, Mr. GALLEGLY, and Mr. MICHAUD. H.R. 2593: Mr. BLUMENAUER and Mr. FARR. H. Res. 543: Mr. BOREN. H.R. 4900: Mr. LAMBORN, Mr. LATOURETTE, H.R. 2676: Mr. GORDON. H. Res. 896: Ms. WATERS, Ms. KILPATRICK, Mr. WILSON of South Carolina, Mr. PETERSON H.R. 2694: Mr. FILNER. Ms. NORTON, Mr. FATTAH, Mr. RANGEL, Mr. H.R. 2702: Mr. WALDEN of Oregon, Mr. POR- of Minnesota, Mr. LAMPSON, Mr. DEAL of JEFFERSON, Mr. COHEN, Mr. SCOTT of Vir- TER, and Mr. MCCOTTER. Georgia, Mrs. MILLER of Michigan, and Mr. ginia, Mr. LEWIS of Georgia, Mr. SERRANO, H.R. 2744: Ms. ESHOO, Mr. SHERMAN, and MORAN of Kansas. Mr. MCGOVERN, and Ms. BERKLEY. Mr. ORTIZ. H.R. 5028: Mrs. GILLIBRAND. H. Res. 911: Mr. KAGEN, Mr. HILL, and Mr. H.R. 2770: Mr. ALTMIRE. H.R. 5036: Mr. BOUCHER, Mr. UDALL of Colo- JOHNSON of Georgia. H.R. 2792: Mr. BERMAN and Mr. EMANUEL. rado, Ms. LEE, Mr. MURTHA, and Mr. SNYDER. H. Res. 939: Mr. MCCOTTER and Mr. GAR- H.R. 2800: Mr. FORTUN˜ O. H.R. 5128: Mr. ELLISON. RETT of New Jersey. H.R. 2818: Mr. SOUDER, Mr. LEWIS of Geor- H.R. 5155: Mr. FILNER. H. Res. 968: Mr. LAMPSON. gia, and Mr. BURGESS. H.R. 5157: Mr. DOYLE and Mr. ANDREWS. H. Res. 981: Mr. ALTMIRE, Mr. KIRK, Mr. H.R. 2878: Mr. MCCOTTER. H.R. 5173: Mr. WILSON of South Carolina JOHNSON of Georgia, Mr. SARBANES, Mrs. H.R. 3089: Mr. BURGESS. and Ms. ZOE LOFGREN of California. DAVIS of California, Ms. SCHAKOWSKY, Ms. H.R. 3109: Mr. SHADEGG. H.R. 5180: Mrs. MCCARTHY of New York, Mr. HIRONO, Mr. SERRANO, Ms. ESHOO, Mr. ORTIZ, H.R. 3114: Mr. TOWNS, Mr. AL GREEN of SPACE, Mr. HINCHEY, and Mr. THOMPSON of Mr. MORAN of Virginia, Mr. RANGEL, Mr. Texas, Mr. HINOJOSA, and Mr. STARK. California. WEXLER, Mr. OLVER, Ms. SUTTON, Mr. LATTA, H.R. 3158: Mr. VAN HOLLEN. H.R. 5193: Mr. ABERCROMBIE. Mr. BOSWELL, Mr. COHEN, Mr. CUMMINGS, Mr. H.R. 3175: Mr. VAN HOLLEN, Ms. LEE, Mr. H.R. 5223: Mr. GORDON of Tennessee and Mr. HALL of Texas, Mr. FALEOMAVAEGA, and Mr. COHEN, and Mr. GONZALEZ. COHEN. BARTLETT of Maryland. H.R. 3212: Mr. GORDON, Ms. MOORE of Wis- H.R. 5229: Mr. PLATTS. H. Res. 985: Mr. ROGERS of Michigan and consin, Mr. GONZALEZ, and Mr. ROTHMAN. H.R. 5244: Mr. HONDA, Ms. SUTTON, Mr. Mr. MCDERMOTT. H.R. 3282: Mr. PETERSON of Minnesota and SARBANES, Ms. ROYBAL-ALLARD, Ms. BALD- H. Res. 997: Mr. PRICE of North Carolina. Mr. HOEKSTRA. WIN, and Ms. ESHOO. H. Res. 1019: Mr. TOWNS, Mr. RANGEL, Mr. H.R. 3309: Mr. CUMMINGS and Mr. SAR- H.R. 5265: Mr. INSLEE, Mr. BISHOP of New OBERSTAR, and Mr. JEFFERSON. BANES. York, Mr. CAPUANO, and Mr. H. Res. 1021: Ms. GRANGER and Mr. VAN H.R. 3366: Mr. KUCINICH. RUPPERSBERGER. HOLLEN. H.R. 3429: Mr. PLATTS. H.R. 5315: Mr. HALL of Texas. H. Res. 1022: Mr. NADLER, Ms. ZOE LOFGREN H.R. 3453: Mr. YOUNG of Alaska. H.R. 5435: Mr. FILNER. of California, and Mr. SCOTT of Virginia. H.R. 3457: Mr. HOLDEN, Mr. BARROW, and H.R. 5440: Mr. CANTOR. H. Res. 1026: Mr. YOUNG of Alaska and Mrs. Mr. JONES of North Carolina. H.R. 5442: Mr. WAXMAN. EMERSON. H.R. 3533: Mr. CRENSHAW, Mr. AKIN, Mr. H.R. 5443: Mr. MCKEON. H. Res. 1028: Mr. MCDERMOTT and Mr. ORTIZ, and Mr. EHLERS. H.R. 5447: Mr. ELLISON, Mr. ROSS, Ms. ELLISON. H.R. 3543: Mr. SESTAK and Mr. ETHERIDGE. JACKSON-LEE of Texas, Mr. ROTHMAN, Mr. H. Res. 1044: Mr. PASCRELL and Mr. COBLE. H.R. 3544: Mr. WALZ of Minnesota and Mr. ALLEN, and Mr. FILNER. H. Res. 1048: Mr. LAMPSON. HOLDEN. H.R. 5454: Mr. CLAY. H. Res. 1053: Mr. HOLDEN, Mr. WYNN, Mr. H.R. 3559: Mr. GORDON. H.R. 5461: Mr. GEORGE MILLER of Cali- CHABOT, Mr. SHADEGG, Mr. MOORE of Kansas, H.R. 3622: Mr. GARRETT of New Jersey and fornia. Mr. MCCAUL of Texas, Mr. GENE GREEN of Mr. WALZ of Minnesota. H.R. 5465: Ms. ZOE LOFGREN of California, Texas, Mr. REICHERT, Ms. MATSUI, Ms. JACK- H.R. 3646: Mr. FALEOMAVAEGA. Mr. SIRES, Mr. WYNN, Ms. SUTTON, and Mr. SON-LEE of Texas, Mr. MCCOTTER, and Mr. H.R. 3658: Mr. SERRANO, Ms. JACKSON-LEE HINCHEY. MORAN of Virginia. of Texas, Ms. WATSON, Mr. MACK, and Mr. H.R. 5469: Mr. FATTAH and Mr. RYAN of H. Res. 1054: Mr. SKELTON, Ms. CORRINE PENCE. Ohio. BROWN of Florida, Mr. FILNER, Ms. SUTTON,

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VerDate Aug 31 2005 02:32 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A31MR7.062 H31MRPT1 wwoods2 on PRODPC68 with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, MONDAY, MARCH 31, 2008 No. 49 Senate (Legislative day of Thursday, March 13, 2008)

The Senate met at 2 p.m., on the ex- appoint the Honorable JIM WEBB, a Senator I do not want to limit myself to politics. I piration of the recess, and was called to from the Commonwealth of Virginia, to per- do not want to feel that I am addressing an order by the Honorable JIM WEBB, a form the duties of the Chair. audience of Democrats or that I speak mere- Senator from the Commonwealth of ROBERT C. BYRD, ly as a Democrat myself. The present condi- President pro tempore. tion of our national affairs is too serious to Virginia. Mr. WEBB thereupon assumed the be viewed through partisan eyes for partisan purposes. PRAYER chair as Acting President pro tempore. He went on to say that troubled The Chaplain, Dr. Barry C. Black, of- f times call for us to: fered the following prayer: RECOGNITION OF THE MAJORITY put [our] faith once more in the forgotten Let us pray. LEADER man at the bottom of the economic pyr- Eternal God, Sovereign Lord of all, amid.... The two billion dollar fund which The ACTING PRESIDENT pro tem- help our Senators to remember today President Hoover and Congress have put at pore. The majority leader is recog- that they serve here by divine appoint- the disposal of big banks, the railroads and nized. ment and are accountable to You for the corporations is not for [the average per- f son]. their work. Give them wisdom as they Here should be an objective of government wrestle with complex issues. Empower SCHEDULE itself—to provide at least as much assistance them with clarity in debate and cour- to the little fellow as it is now giving to the Mr. REID. Mr. President, following age to vote their convictions. Deliver large banks and corporations. This is [an] ex- my remarks and those of the Repub- them from any compromises that sac- ample of building from the bottom up. lican leader, if he chooses to make rifice principles, as You help them Mr. President, the more things some, there will be a period of morning make just and compassionate deci- change, the more they seem to stay the business, with Senators permitted to sions. Let Your grace guide their delib- same. Recently, the Federal Reserve speak therein for up to 10 minutes erations and Your blessings crown provided taxpayers’ money to prevent each. As previously announced, there their labors for the glory of Your the collapse of Bear Stearns. The Fed will be no rollcall votes today. Sen- Name. Amen. took the additional unprecedented step ators should be prepared to vote tomor- of opening its discount lending window f row at about 2:15 p.m. or thereabouts to securities firms, even though—un- PLEDGE OF ALLEGIANCE on the motion to invoke cloture on the like banks—those firms aren’t regu- motion to proceed to H.R. 3221, the leg- lated by the Fed. The Honorable JIM WEBB led the islative vehicle for the housing bill. Pledge of Allegiance, as follows: I understand the need to take some f bold steps. I believe the Federal Re- I pledge allegiance to the Flag of the serve is doing what they think is best United States of America, and to the Repub- HOUSING AND THE ECONOMY lic for which it stands, one nation under God, in the face of a deep and growing eco- indivisible, with liberty and justice for all. Mr. REID. Mr. President, 76 years nomic crisis. While on principle the ago, Franklin Roosevelt, who was then spirit of capitalism would call for Wall f the Governor of New York, was en- Street firms to shoulder the burden of APPOINTMENT OF ACTING gaged in a fierce Presidential cam- loss along with the spoils of profit, it is PRESIDENT PRO TEMPORE paign. The country was reeling from incumbent upon our Government to The PRESIDING OFFICER. The the stock market crash of 1929. Con- look for the greater good. But we must clerk will please read a communication sumer confidence in banks had plum- not neglect the lessons of history. If we to the Senate from the President pro meted. The Great Depression was in agree that it is a responsibility of Gov- full force at that time, and the Amer- tempore (Mr. BYRD). ernment to provide liquidity and secu- The assistant legislative clerk read ican people had lost confidence that rity to the titans of Wall Street—and the following letter: President Herbert Hoover had what it we do—then how can we think it is any took to lead the country out of eco- less our responsibility to do the same U.S. SENATE, nomic darkness. for Main Street? PRESIDENT PRO TEMPORE, Washington, DC, March 31, 2008. In April 1932, Governor Roosevelt, The American people are suffering. To the Senate: seeking the Democratic nomination for We are paying more than ever for gaso- Under the provisions of rule I, paragraph 3, President, took to the radio waves and line, groceries, and heat for our homes. of the Standing Rules of the Senate, I hereby said this: Home values are falling—in January

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

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VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.000 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2208 CONGRESSIONAL RECORD — SENATE March 31, 2008 alone, almost 13 percent. Millions face opportunity to propose amendments. Last week, the President marked the foreclosure, and communities are suf- Mr. President, I have said on this floor, beginning of the sixth year of this war fering because of the housing melt- I have said privately, I have said at by delivering more of the same discon- down. This crisis is real, it is imme- press conferences—the record will nected rhetoric. But at the same time diate, and it calls for Congress to take clearly show—Democrats are happy to he was giving this talk of progress, the action. Every day that Congress and allow amendments. Democrats want to facts on the ground betrayed this the President do nothing is another offer amendments. Republicans want to happy-talk. As Republican Senator day closer to another American family offer amendments. We would like noth- CHUCK HAGEL said, the President’s losing their home. This is not the time ing more than an open debate on this words—compared with the real facts on for politics or partisanship. It is, as bill and how we might be able to make the ground—are like ‘‘Alice in Wonder- President Roosevelt said, time to give it better. I have told my distinguished land.’’ That is what Senator HAGEL some ‘‘assistance to the little fellow’’— counterpart, Senator MCCONNELL, if said. The situation on the ground in those were his words—it is time to do Republicans object to parts of our bill, Iraq is fluid and rapidly changing. the right thing, the responsible thing, they are welcome to seek enough votes Mr. President, I was stunned this for the American people—the little fel- to amend it, to change it. That is how morning when I got up and listened to low. the legislative process is supposed to the radio. Sadr has said: OK, lay down Last work period, Democrats intro- work. your arms on a couple conditions—re- duced a housing bill. The President and It would be a fool’s errand to put our lease all the prisoners, don’t do any his Republican Senators filibustered proposal up and the Republican pro- more arrests, and leave us alone. and blocked this much needed legisla- posal up and move to invoke cloture on Mr. President, within a couple of tion. This legislation is not a catch-all each one of those. It would take 60 months after this war started, the com- or a silver bullet, but financial experts votes. That is not what we need to do. manders on the ground in Iraq came agree it is a good start. If passed, it It would be failure for sure. and told us that this man was a crimi- would have an immediate positive im- Why don’t we move forward on our nal and he would be in jail within a pact on struggling homeowners and bill? There will be a vote at 2:15 tomor- matter of a couple weeks. Now, wheth- hard-hit neighborhoods. row. If my colleagues want to have a er that is true or not, that is up for Mr. President, I have talked in limited number of amendments, fine, others to decide, but that is what we length about this legislation to Chair- let’s have a limited number of amend- were told. And here is this man now, 5 man Bernanke. I have spoken to Sec- ments dealing with this problem. Ex- years later, who in effect is telling the retary Paulson. I think they have done perts say we are in a crisis and have to elected leader of Iraq what to do and good work. But I think if they were do something now. what not to do. asked point blank—and I am not going I respect Secretary Paulson very It is clear that the Iraqi civil war to, certainly, state here publicly any of much. I like Secretary Paulson. The persists. Within the past few days, the things they said to me, but some- proposals he made at 10 o’clock today nearly 1,000 Iraqis have been killed in one can ask them themselves—I think are certainly worth considering, but Basra alone. This war is a war of Shiite they would say our legislation is a step they are not going to do one simple versus Shiite, al-Maliki versus al-Sadr, in the right direction. If this law thing to help the people who are now in Iraqi versus Iraqi, Sunni versus Shia, passed today, it would have an imme- foreclosure—nothing. It is for the fu- Shia versus Sunni. Who is in the mid- diate positive impact on struggling ture. That deals with the future. We dle of all of this? The American troops. homeowners and hard-hit neighbor- need to deal with the present. But so hoods. far my Republican friends have not al- The President’s spokesperson said: These are the five points of our plan: lowed this bill to proceed to the point This is it. We are now in a situation First, we help families keep their at which amendments can be offered. where the Iraqis are going to take care homes by increasing funds for In short, they have stalled this nec- of their own. But, of course, the police, preforeclosure counseling. It is impera- essary help to working Americans. when confronted, turned over their tive we do that. Tomorrow, we will have another op- arms to al-Sadr and walked away. They Second, we expand refinancing oppor- portunity to work on this piece of leg- gave them their guns—I assume their tunities for homeowners stuck in bad islation. We cannot sit on our hands. badges—and walked away. The Amer- loans. Mortgage revenue bonds—the We cannot take a wait-and-see ap- ican troops were called in; air power President said he liked that in his proach. And we cannot embrace the and ground troops were called in. The State of the Union Message. status quo as the economy continues to Iraqis could not handle the situation. Third, we provide funds to help the deteriorate. Let’s legislate. Let’s work As one Iraq teacher said in the New highest need communities purchase to help beleaguered Americans. Demo- York Times this weekend, in the clos- and rehabilitate foreclosed properties, crats have no agenda but to get this ing paragraphs of a very long article: as well as tax relief to struggling busi- bill passed quickly and fairly so the ‘‘Unfortunately we were expecting one nesses affected by the housing down- American people can reap the benefits. thing but we saw something else,’’ said Ali turn. If we are able to pass this legislation, Hussam, 48, a teacher, who said that after Fourth, we help families avoid fore- it will be one where credit can go to ev- Saddam Hussein the people of Basra hoped closure in the future by improving loan erybody. This is something we need to for peace. ‘‘But unfortunately with the pres- disclosures and transparency during ence of this new government and this democ- do. We cannot do it alone. We have 51 racy that was brought to us by the invader it the original loan and refinancing proc- Senators. They have 49. We have to do made us kill each other.’’ ess. this together or it will not be done at ‘‘And the war is now between us,’’ he said. Fifth, we amend the Bankruptcy all. In America’s darkest economic But, unfortunately, with the presence of this Code to allow home loans on primary hour, that was the leadership Franklin new government and this democracy that residences to be modified in certain Roosevelt showed—and that is what we was brought to us by the invader, it made us circumstances, with very strict guide- must do as we face our own crisis kill each other. lines. We have a tax provision which is today. And the war is now between us. extremely important to the home- f That is what he said: building industry: loss carryback. We have a program that allows the bank- IRAQ And the war is now between us. ruptcy courts to step in on primary Mr. REID. Mr. President, in this When the Vice President of the residences and, if necessary, help ad- work period, we will, once again, be- United States goes to Iraq, it is secret. just those loans. cause of the supplemental, turn to the No one knows he is going there. It is It is time we pass this bill. raging civil war in Iraq. not on his schedule. He is under very Last work period, Republicans To say that the Bush-Cheney spin high security. When the President of blocked a vote on this, as I have said machine lacks credibility is an under- Iran goes to Iraq, he announces 2 weeks before. One Republican Senator said statement as it relates to the war in in advance he is coming—not in the that all Republicans wanted was the Iraq. dead of the night, 2 weeks in advance.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.006 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2209 I support our troops. Whenever I say When all is finally said and done, ex- ing up more seats in November, but something like that, I think of the Pre- perts say the war is going to cost as their vision seems to end right there. siding Officer and others in this Cham- much as $3 trillion or more, as I have They seem to forget that once these ber who know what it means to support said. Where does this come from? It is seats are filled, people expect us to ac- our troops, as someone who has carried all borrowed for future generations to complish something. The political weapons in support of his country and pay back. The legacy of our generation route, as we have seen time and time as someone who has been injured as a could be to leave our children and again, doesn’t accomplish much. result of wearing the uniform of this grandchildren with a safer, cleaner, America faces urgent problems, and country. So I say this with a lot of hu- and more prosperous country. Instead, most people care more about address- mility, but I, along with everyone in the war in Iraq will ensure that we ing them than about anybody’s elective this Senate, support our troops. Every leave future generations with trillions prospects. We came together earlier one of us is honored by their sacrifice of dollars in debt. this year on an economic growth pack- and grateful beyond expression for Instead of making our country safer, age and had an accomplishment. It was their outstanding work. we are greasing the pocketbooks of cor- a good start, but it didn’t last. As the When it comes to judging the Iraq rupt Iraqi politicians and buying their Senate began to address the housing war, only one question matters: Are we temporary cooperation. Let’s not for- slump, our friends on the other side safer? The answer is undeniably no, get this: Iraq is a rich country. It is not shut Republicans out of the debate and and no amount of spin from the White a poor country—far from it. Its oil re- offered a proposal of their own that House can change that. sources make it one of the world’s was guaranteed to fail. They proposed Because of Iraq, our military is wealthiest countries. With the price of an ill-conceived plan that will substan- stretched thin and its ability to ad- oil skyrocketing as it has, think of the tially increase monthly mortgage pay- dress new threats is compromised. money that is going into their coffers. ments on everyone who buys a new Many of our troops are now on their Record-high oil prices have supplied home or refinances. But why would third, fourth, and some are on their Iraq with literally more money than Congress want to raise mortgages at a fifth tours of duty in Iraq. they know what to do with, but we time like this? There is simply no way Are we safer with bin Laden free and keep spending $5,000 a second in Iraq. that proposal is going to fly. If our al-Qaida strengthening? Of course not. As we borrow and spend billions of dol- friends on the other side want to help Because of Iraq, our National lars to provide the security that the homeowners, they need to work with Guard—the brave men and women Iraqi Government has failed to create Republicans on proposals that will charged with protecting us from disas- for themselves, Iraq is bringing in bil- draw substantial bipartisan support. trous threats here at home—don’t have lions of oil money faster than they can Republicans have put a number of the manpower or the equipment to do open bank accounts to store it all. sensible ideas on the table, including their job effectively at home. Are we If a parent gives a teenager the $10 billion to refinance distressed safer with a weakened National Guard choice of either getting a job or receiv- subprime mortgages and $15,000 tax to protect us at home? Of course not. ing an allowance for doing nothing, the credits for people who buy foreclosed Because of Iraq and the Bush admin- teenager will often choose to do noth- homes as their primary residence—a istration’s shoot first, talk later style ing. As long as we guarantee to the proposal that will raise the value of of cowboy diplomacy, our moral au- Iraqi Government that our troops and homes and increase the stability and thority in the world is shattered, and our money will support them, they will security of neighborhoods that have to talk about this being cowboy diplo- never have an incentive to do the job been hit hard by foreclosures. We have themselves. The security welfare state macy is an insult to cowboys. Our proposed new tax benefits for strug- we have created will go on and on for- former allies are unwilling to stand by gling businesses, new truth-in-lending ever. our side. Our ability to solve conflicts requirements, expanded protections through diplomacy are diminished. I yield the floor. The ACTING PRESIDENT pro tem- against foreclosure for returning vet- Are we safer as a weakened moral pore. The Republican leader is recog- erans, and FHA reform to assist strug- force in the world? Of course not. The nized. gling homeowners who are trying to American people know this by over- stay in their homes. whelming numbers. They continue to f Our proposals to address the current oppose this war, and with good reason: SOLVING PROBLEMS OR housing crisis have broad bipartisan We are objectively less safe because of POLITICAL POSITIONING support. Unlike the Democratic bill Iraq. Mr. MCCONNELL. Mr. President, the which skipped the committee process, The cost of the war to our country Senate certainly has a lot of work to the FHA reform piece we proposed has been enormous, not only in the loss do, and we have a good stretch of time passed in committee by a vote of 20 to of lives—now more than 4,000—but also in front of us in which to do it. First 1. tens of thousands wounded, a third of and foremost, Americans are waiting For the good of the economy, we them gravely. We are now spending on Congress to address the housing cri- asked our friends on the other side to $5,000 every second in Iraq—every sec- sis and the broader economy as well. allow a vote on these sensibly, targeted ond—$12 billion a month. No weekends They are waiting for us to give intel- provisions. The partisan housing bill off. No holidays off. We are spending ligence officials the tools they need in Democrats put forward failed. Why not $5,000 a second of borrowed taxpayers’ the hunt for terrorists. They are wait- give our bipartisan alternative, which money. The President told us the war ing on us to confirm qualified judges. will help homeowners without raising would cost no more than $60 billion. Farmers are waiting for a farm bill their mortgages, a chance to succeed? Nobel Prize-winning economist Joseph that has been in limbo for literally Another thing Congress can do to Stiglitz said it is going to cost us $3 months. All of us are eager to hear help the economy is to expand markets trillion. next week’s report from General for U.S. goods abroad, and that is what In Iraq, we—the American tax- Petraeus and Ambassador Crocker on the Colombian Free Trade Agreement payers—are building hospitals, roads, political and military progress over in would do. The Colombian Free Trade bridges, dams, water systems, sewer Iraq. Agreement is more than an act of systems, barracks for the Iraqis, when In all of these areas, the Democratic friendship between allies; it would also we should be helping millions of Amer- leadership has an option: It can work strengthen our economy, and it would icans avoid losing their homes to fore- with Republicans to deliver help to the send a strong signal to Colombia and closure. We are policing the streets in American people or it can follow the our other Latin American allies that Baghdad when we should be investing partisan path that views every piece of the United States stands with those in health care and a better education legislation as an opportunity not to who support strong markets and free system. We are protecting oilfields in solve problems but to position itself for societies in the face of intimidation Basra when we should be funding re- the next election. and threats. newable energy production to help Some on the other side are talking Our friends on the other side can help stem the tide of global warming. openly about a grand strategy for pick- American farmers by finishing the

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.008 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2210 CONGRESSIONAL RECORD — SENATE March 31, 2008 farm bill. More than 3 months has But with U.S. forces still in harm’s thin, I am confident we will seize the passed since the Senate completed ac- way, the Senate needs to quickly ap- opportunity and deliver something tion on this legislation. Yet House prove the supplemental spending bill soon for the American people. Then, Democrats still have yet to appoint without any unrelated nondefense hopefully, we can follow it up with conferees to put together a final prod- spending. It would be pointless to re- other accomplishments. We have the uct. With the short-term extension of peat the partisan battles over the sup- potential for a very productive work current law expiring in just a few plemental that consumed so much of period. Why don’t we get to work and weeks, American farmers are about to our time and our energy last year. We see what we can accomplish over the enter the planting season without any should set aside policy prescriptions next 8 weeks. certainty about legislation that signifi- and withdrawal timelines based on po- I yield the floor. cantly affects their lives. litical calculations in Washington and The ACTING PRESIDENT pro tem- Turning to national security, it has deliver the funds our troops in Iraq and pore. The majority leader is recog- been nearly a year since the Director of Afghanistan need. nized. National Intelligence asked Congress As we seek to help the Iraqi people Mr. REID. Mr. President, the first in- to modernize our Nation’s electronic stand up a stable government, we dication we have to move forward and surveillance laws. The House had a should not neglect our own by allowing have a productive work period is to see chance to make the necessary changes vacancies on Federal courts to go un- if we can do something to help the be- before the recess, but it chose an irre- filled. Three months into the new year, leaguered people who are losing their sponsible path instead, passing an the Senate has not confirmed a single homes as we speak. We have the oppor- amendment to the bipartisan Senate judicial nominee of any kind. Let me tunity to do that tomorrow. bill that included none of the things say that again. Three months into the For those within the sound of my the National Director of Intelligence new year, the Senate has not confirmed voice, before we can move to a piece of had called for. Ignoring the carefully a single judicial nominee of any kind, legislation, the Republicans have to crafted Senate bill, the House decided and it has held only one hearing on a sign off on that. They can do it by ap- it was more important to let people sue circuit nominee since September of proving what we call a motion to pro- phone companies that stepped up when last year. The process, it appears, has ceed. That motion to proceed failed be- the country needed them. The clock is ground to a complete halt. This is un- fore because the Republicans voted no ticking on the legal authorities con- acceptable, it is unfair, and the excuses on our ability to proceed. We need 60 tained in the current temporary fix, we have heard are not convincing. votes to do that. I hope they will join Some nominees have waited hundreds and a burden has been placed on House with us to move to this housing pack- of days for a simple hearing, including leadership to show that it can be trust- age and work to help us come up with those who satisfy the specific criteria ed in matters of national security. a good piece of legislation to show of the chairman of the Judiciary Com- General Petraeus and Ambassador there must be some merit to our legis- mittee for quick action, such as strong Crocker will be here next week, and lation. support of home State senators. These Americans are eager to hear what they I have seen Senator BOND’s legisla- vacancies need to be filled, especially have to say. tion. It has most of our stuff in it. It is Under the leadership of these two in places that have been declared judi- a pretty good piece of legislation. It cial emergencies such as the Fourth men, our prospects for protecting also has some other things in it. It Circuit, where one of every three seats America’s national security interests seems to me we are at a good starting is currently vacant. Nominees for seats in the Persian Gulf have vastly im- point if we have one of the main Re- on the Fourth Circuit—which covers proved. Last year’s bold decision to publican proponents of housing legisla- North Carolina, Virginia, Maryland, launch a counterinsurgency plan under tion who includes in his legislation West Virginia, and South Carolina—are the direction of General Petraeus has much of what we want to go forward ready, well qualified, and they have renewed our hopes for a unified Iraq on. So I think that is a good start. So been waiting and waiting. I hope we can do that tomorrow. If we that can govern, defend, and sustain Since the committee has nearly move forward on the piece of legisla- itself as an ally in the war on terror. stopped holding even simple hearings tion we have, we will finish this. We Our men and women in uniform have for circuit court nominees for the last can do it this week and send it to the protected the Iraqi people, scattered several months, it should make up for House and I think they can work much al-Qaida, deterred militias, and helped lost time by holding hearings on more more quickly than we do. That would create an environment that has led to than one circuit court nominee at a be a good indication we are going to progress not only at the tactical level time, as both Democratic and Repub- work together. but in governing and reconciliation as lican chairmen have done in the past. Let me say this about a couple of well. That way, we can get these nominees other things. As to the confirmation of Six months ago, General Petraeus confirmed. proposed a plan for bringing counterin- It is time our friends on the other judges, Josh Bolten, the President’s surgency forces back home and side stop blaming others for their fail- Chief of Staff, and I spent a lot of time transitioning their mission from com- ures to act on judicial nominations. If the week before we went on the Easter bat to partnership and oversight. A re- they don’t, regretfully, Republicans recess. We were able to accomplish a duction in forces is underway, and the will be forced to consider other op- lot of good things. I don’t know the Iraqi people are now preparing for pro- tions. exact number, but we were able to vincial elections, hopefully this Octo- The Senate faces difficult challenges work through scores of Republican ber. Thanks to the efforts of the coun- domestically and internationally. Con- nominations the President sent for- terinsurgency forces, Sunni allies now ventional wisdom says we want to ad- ward. I think the Democrats got 5 or 6 serving as sons of Iraq will have a real dress them because it is an election and the Republicans got 50 or 60. We stake in these elections. year. Experience suggests some of our don’t have the opportunity to send as Last week’s decision by the Maliki friends on the other side will prefer po- many names to the President as he government to go on offense against litical efforts to bipartisan accomplish- sends to us. The President’s Chief of Shiite militias in Basra and Baghdad ments. We saw signs of hope for a more Staff wrote a nice letter, which I re- showed us that we have come a long responsible and productive path in a ceived last week, saying we have estab- way from the days when the Iraqi secu- rush of bipartisan accomplishments at lished a working facility. He is assign- rity forces wouldn’t even show up for a the end of last year and in a bipartisan ing one of his people at the White fight. Now they are taking the lead in economic growth bill this year, and we House, and I have assigned my Chief of major combat operations, with recent have an immediate opportunity in the Staff. If there are things we cannot offensives against the Iranian-trained work period that starts today to choose work out, Mr. Bolten and I will work Special Groups, al-Qaida in Iraq, and the better path on an issue that is vex- on it face to face. Part of that is the militias. ing millions of homeowners. judges. We are going to do our best to Next week, we will learn more about Knowing that public patience with work out something on judges. That is the pace of transitioning the mission. partisan political games is wearing part of the entire package.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.009 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2211 Now, even Mr. Bolten would recog- view, the misfortune of ending their day of Mack Henderson, a great Amer- nize the number of judges being sent to terms with the opposition in control of ican and a great citizen of Cobb Coun- us has been pretty slow. But that is no the Senate. The lowest number ty. I wish him a most happy birthday. excuse. We will be happy to move for- achieved in circuit judges was under On March 10, another birthday oc- ward on nominations, generally. The President Clinton. It was 15. We cur- curred—the very first of my grandson, White House needs a lot of these peo- rently have six. If we are going to have William Edwin Isakson, born to my son ple, and we understand that. There has any chance of getting to what the ma- Kevin and his wife Katherine Isakson. to be a give and take on this, as the jority leader and I agreed was at least William is our eighth grandchild. He White House showed the week before a modest, achievable goal in this Con- weighed 7 pound 9 ounces. He has a the recess, which Mr. Bolten and I gress, we have a ways to go. I am not great future ahead, and I wish him the worked on. blaming him for that. It strikes me very best. So I am convinced there are a lot of that the Judiciary Committee simply It occurred to me, when I was coming things we can do. The farm bill is isn’t functioning. But it remains the to the floor to pay tribute to Mack something where we also need the co- goal of mine—and I hope it is still his Henderson on his 80th birthday and to operation of the White House. The goal—to meet a sort of minimal thresh- recognize the birth of my eighth grand- managers of this bill have worked very old of an acceptable level of circuit child, that as I look into the future, I hard—the Senator from Georgia and judge confirmations. wonder about what has been said in re- the Senator from Iowa—along with the I appreciate the attitude in which the cent months about Social Security and two managers of the bill, as it relates majority leader has pursued that issue Medicare and about what Mack Hen- to finance, who have worked with their from the beginning of this Congress. I derson has enjoyed in his life and what counterparts in the House. We need to hope we can continue to work to try to I hope we can save and procure for the get a little better work from the White get to some level that would be widely life of young William Edwin Isakson. House. We have basically worked out considered by any objective standard In Mack’s early years, Social Secu- the numbers. We cut back the Presi- as a fair number in this situation. rity was created. It was a promise to dent’s numbers. We are working on the I yield the floor. Mack and to every citizen in America offsets now. That should be something f that when you reach the age of 65, and we can do. We need to have the White when you sign up and are declared eli- House engaged in this, but more so RESERVATION OF LEADER TIME gible, you will receive a supplement to than they have been. The ACTING PRESIDENT pro tem- help you in your retirement years. The farm bill is important. I tell my pore. Under the previous order, leader- Mack has been retired for 15 years and distinguished counterpart that I heard ship time is reserved. is enjoying the benefit of that. about this farm bill during the break. I Last week, the Social Security Ad- had calls from many of my Senators f ministration sent out a mailer noti- asking what can be done about this. We MORNING BUSINESS fying us that the time the Social Secu- are trying. As Senator MCCONNELL The ACTING PRESIDENT pro tem- rity goes bust is now moved forward to notes, Senator CHAMBLISS, the ranking pore. Under the previous order, the 2041. So in Mack’s lifetime, Social Se- member on the Agriculture Com- Senate will proceed to a period of curity was created, and by the 33rd mittee, has worked with Senator HAR- morning business, with Senators per- birthday of my new grandson, Social KIN. We are doing our best to work mitted to speak therein for up to 10 Security will be gone. Even worse, through this. I hope we can get some- minutes each. Medicare, created after Social Secu- thing done so we don’t have to extend The Senator from Georgia is recog- rity, has benefitted Mack. He has had a it again. The bill expires again on April nized. heart transplant and other medical 18. We cannot go on without renewing Mr. DORGAN. Will the Senator problems, and he came through them this bill and/or passing a new bill. If we yield? with the help and assistance of Medi- do not renew this legislation, the price Mr. ISAKSON. Yes. care. As for my grandson William, be- of milk will basically go back to 1949 fore he is a teenager, Medicare will be levels. Based on that, a half gallon of f broke, inverted, and gone. As a Member milk would be about $5. So we have a ORDER OF PROCEDURE of the Senate who takes a privilege to lot of work to do. come to this floor and celebrate the I appreciate the constructive atti- Mr. DORGAN. Mr. President, I ask birthday of a great friend and the birth tude of the Senator from Kentucky. I unanimous consent that I be recog- of a new grandson, I know I have some don’t agree with a lot of his illustra- nized to speak for 30 minutes in morn- work to do. So do the other 99 Senators tions, but I think it was a positive ing business following the presentation and the 435 Representatives on the statement. I hope we can work some- of the Senator from Georgia. other side of this building. thing out on these and other issues. The PRESIDING OFFICER. Is there The ACTING PRESIDENT pro tem- objection? The President who serves now, and pore. The Senator from Kentucky is Without objection, it is so ordered. who will go out of office in January, recognized. The Senator from Georgia is recog- has made an effort on Social Security, Mr. MCCONNELL. Mr. President, I nized. and it was rejected by organizations appreciate the spirit in which the ma- f and others. It was an effort of privat- jority leader addressed my remarks on ization. the housing issue. I think it is safe to SOCIAL SECURITY AND MEDICARE The next President will not be so say there is interest on both sides in Mr. ISAKSON. Mr. President, today, lucky to be able to neglect this. Time moving forward. Whatever reservations I will pay tribute and make some is running out. The next President will we have on this side relate to how the celebratory remarks about two excit- probably serve for 8 years. When they minority will be treated once we have ing lives in my community. First is the are out, it will be 2018, 1 year before made the decision to move forward. upcoming celebration of the 80th birth- Medicare goes broke. I don’t think we This is something the majority leader day of Mack Henderson, a man in my can afford to allow that to happen. and I will continue to discuss, as we community who, besides being a leader, As I come to the floor and pay trib- have in the last few weeks. has been a warm and trusted friend. He ute to these great lives which are so With regard to judges, with the best and his wife Jean have been pillars of meaningful and significant to me, it is of intentions, the majority leader and I our community. The women’s health also an early warning for all of us to both came up with what we thought care facility in Kennesaw was named get to work on Medicare and Social Se- was a reasonable goal for the number after them as a tribute. Mack’s daugh- curity. I commend JUDD GREGG, the of circuit judges that ought to be ap- ter lives in this area, in Alexandria, Senator from New Hampshire, for his proved in this Congress based on the VA. She has been a great friend to me. efforts time and again to get us to deal pattern of each of the last three Presi- The entire Henderson family is going forthrightly with these issues. They dents, which had, from their point of to gather to celebrate the 80th birth- are not going to be easy.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.010 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2212 CONGRESSIONAL RECORD — SENATE March 31, 2008 I don’t want to ever face seeing Medi- Twelve months, no mortgage payment. mated that 2 million families will lose care go out of business and Social Se- That’s right. We will give you the money to their homes in the next 2 years. By the curity go broke. I am willing to stand make your first 12 payments if you call in way, 2 million families, that is 5.4 mil- up and take the heat and make the rec- the next 7 days. We pay it for you. . . . Our lion people who will be affected by the loan program may reduce your current ommendations and work hand in glove monthly payment by as much as 50 percent loss of their home in the next couple of with my fellow Republicans and with and allow you no payments for the first 12 years. Democrats to see to it that the events months. Call us today. We put together legislation to try to on those two dates—the date of the Millennia Mortgage. Come over here address this issue in the Senate, and we death of Medicare in 2019 and end of So- and get a mortgage from us. You don’t have had great difficulty moving it. We cial Security in 2041—never take place. have to make a payment for 12 months, hope in the next day or so we will at Between the two sides of the political they said. least be able to get a motion to pro- spectrum, we can find common ground Here is a company appropriately ceed. if we have a willingness to establish a named. I don’t know this company ei- It is interesting, when we are talking goal and achieve it. I will never forget ther—Zoom Credit. They told the about trying to help some people avoid when President John F. Kennedy came American people: losing their homes, they say: Well, we forth to the people in America and de- don’t want to help folks such as that. I Credit approval is just seconds away. Get clared that one day—8 years later—the on the fast track at Zoom Credit. At the agree that those who were buying United States would launch a man to speed of light, Zoom Credit will preapprove houses for the sake of flipping them, the Moon, land him on the Moon, and you for a car loan, a home loan, or a credit making a bunch of money in the bubble bring him home safely. We didn’t know card. Even if your credit’s in the tank. Zoom of housing prices, I am not interested how to do that; we didn’t have the fog- Credit is like money in the bank. Zoom Cred- very much in them, but I am very in- giest idea. We were getting beaten it specializes in credit repair, debt consolida- terested in someone who was a victim badly by the Soviet Union in mathe- tion, too, bankruptcy, slow credit, no cred- of predatory lending by a bunch of matics, science, exploration and tech- it—who cares? folks who were getting rich, making a nology, and he was daring us to do That is what Zoom Credit had to say lot of money and those folks are now something nobody knew how to do. We to the American people. threatened with losing their house. I did it by July of 1969. Then Countrywide, the country’s am very interested in seeing if we can I don’t think saving Medicare and So- largest mortgage lender, said: help them a bit. cial Security is as difficult or as tech- Do you have less than perfect credit? Do It is interesting, the big folks always nical as getting a man to the Moon and you have late mortgage payments? Have you get help. The Federal Reserve Board bringing him home. But it is equally as been denied by other lenders? Call us . . . and the administration, with Treasury important—maybe more so—for the Just call us; that is not a problem. If Secretary Paulson, have rushed in. health, welfare, and livelihoods of our you are a bad risk, you don’t pay your They arranged for JP Morgan to buy oldest friends who are in the twilight bills, call us. This from the largest Bear Stearns, a big old investment of their years and our children born to mortgage lender in this country. bank. Bear Stearns was worth about us this year; and it is very important And then we wonder what happened? $20 billion a couple of months ago. It to the United States. What could have caused all of this eco- was acquired by JP Morgan for $1.3 bil- So this Senator pledges to his newest nomic trouble? Everyone understands lion in the last couple of weeks and the grandson that I will stand up anytime, this does not work. Mortgage revenue Federal Government, through the Fed- anyplace, or anywhere and work with companies advertising: Come to us if eral Reserve Board, will put up $29 bil- my colleagues in the Senate to begin you have bad credit; let us give you a lion to pick up the risks on the assets. the job of seeing that we fix Medicare loan of some type. And by the way, the Think of that. One investment bank and Social Security and that we pre- same companies, in many cases, ap- gets a $1.3 billion acquisition of an- serve the promise for our grandchildren plied what is called predatory lending— other investment bank that was worth that our grandfathers have enjoyed and high-pressure, cold-call telephone sales $20 billion a couple of weeks ago, and prospered with. to people who say: I know you have a the Federal taxpayers come in to pro- I yield the floor. mortgage, but we will give you a dif- vide $29 billion as a safety net for the The ACTING PRESIDENT pro tem- ferent mortgage. We will give you one pore. The Senator from North Dakota risk JP Morgan assumes. with a 2-percent interest rate, not tell- On top of that, the Fed comes in and is recognized. ing them it will reset to 7 percent or 9 Mr. DORGAN. Mr. President, I con- says for the first time since the Great percent or, in some cases, more with gratulate my friend, the Senator from Depression that they will make direct prepayment penalties. And the broker Georgia, on his new grandson. We all loans to investment banks. They have who was able to convince someone to hope this country continues to hold the previously made loans to depository do that got a big fat bonus. The mort- promise it has held for so many dec- banks over which they have regulatory gage company, well, they got mort- ades now for all American children. control, but now they will make direct Mr. ISAKSON. I thank the Senator. gages with big interest rates once they loans to investment banks. reset, and prepayment penalties so the In addition, they will make a $200 bil- f people could not get out of them. Then lion loan available to Wall Street bond THE ECONOMY what they were able to do was slice dealers. It is kind of a form of no-fault Mr. DORGAN. Mr. President, I have them up and put them into—like they capitalism. come today to talk a bit about the did in the old days, like they would I don’t know whether the Fed and the economy and where we find ourselves. pack sawdust into sausages for filler— Bush administration are doing the This week we are going to talk about they would take good mortgages, bad right thing. I don’t know. I know we housing. mortgages, subprime, potentially bad, cannot, none of us—the administration The effort we have made in the Sen- put them all together, slice them up, or the Fed or the Congress—decide to ate in the majority party to pass emer- dice them, and ship them off to a hedge do nothing. We are trying to decide on gency housing legislation is very im- fund that buys them—in some cases behalf of families who are about to lose portant. I want to put up some charts the mortgage banks had their own homes to see if we can’t do something that show what was happening in this mortgage sides to purchase these to give them some help. Obviously, a country with respect to housing and securitized investments—and no one lot of help has been extended to the what was happening at least to begin knew what was in them. Very much Wall Street interests—a lot of help, $30 to cause the partial collapse we have like sausage, I might say. Nobody knew billion, $200 billion, direct lending to seen. what was there. investment banks. That is a lot of help. This is an advertisement by a com- Now all of a sudden, they have all of But when it comes to the homeowners, pany called Millennia Mortgage. Here this paper out there and we have about well, not so fast; let’s worry about is what it said to the American people. 7.2 million families with what are that, they say. I don’t know this company, but they called subprime mortgages, an out- The Secretary of the Treasury has said: standing value of $1.3 trillion. It is esti- made the point that the problem has

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It want very large profits, even if the rest The fact is the Federal Reserve Board doesn’t matter what you do, we are not of the American people have to pay for in the Greenspan era, more recently going to watch very much because we that unbelievable speculation. Bernanke, and the Bush administration believe in deregulation. There are some who say, if we can ad- have watched while all of these finan- So we have an unbelievable amount dress this issue now, the issue of hous- cial engineers have created the most of hedge fund activity that did not use ing, the issue of predatory lending, if sophisticated of securities and devices. to exist in this country. It is now com- we can address the issue of investment The financial engineers created things pletely deregulated—hedge funds in- banks, the issues of some hedge funds, such as derivatives, collateralized debt volved in derivatives way behind the that will all be fine. That is not the obligations, called CDOs, credit default curtain, and nobody knows what is case either. There are some other un- swaps—$23 trillion of notional values going on; mortgage companies adver- derlying problems that almost every- out there in credit default swaps—loan tising that you ought to get a mort- one in this world knows but no one is syndications, securitization, off-the- gage from them if you have bad credit interested in doing anything about it. balance-sheet debt vehicles. It is unbe- because they wish to give you a mort- The dollar is losing value substantially lievable what has been going on, all in gage, and then they slice it up in secu- for a number of reasons, but at least the name of financial engineering, and rities and send it around the world and two of those reasons are obvious: No. 1, while the economy was going up, ev- no one knows what is in these securi- an $800 billion trade deficit; No. 2, the erybody thought they were all ties. All of a sudden that piece of sau- $700 billion required additional bor- geniuses. And now as it is collapsing sage explodes and we wonder why? It rowing this year because of budget pol- like a house of cards, the Federal Re- exploded because it never made good icy. serve and the head of the Treasury De- business sense, and now the American I know the President says the deficit partment rush to try to help the big in- taxpayers are going to bail them all is a projected $410 billion. That is not terests. The question is, what about out. true. Take a look at what our country the rest of the folks who are getting We cannot begin to address this prob- is going to be required to borrow in the hurt? There are a lot of them. What lem unless we understand that when coming years—$700 billion. You add an about the rest? the big interests are going to make $800 billion trade deficit to a $700 bil- I mentioned Bear Stearns was about hundreds of millions, even billions of lion borrowing requirement because of to go belly up and the Fed and the dollars as a result of almost unprece- a reckless budget policy and you have Treasury Department assessed that dented greed, there needs to be some $1.5 trillion borrowing in 1 year against could not happen because it would af- regulation. That is a fact. Regulation a $14 trillion economy. People know fect the entire financial system. I don’t is not a four-letter word. It is an essen- that doesn’t work. know whether they are right. I know it tial part of good government. I mean, the fact is, we have to fix has become a kind of no-fault cap- Long ago, I and others have been on this system, and we start, it seems to italism when the investment banks can the floor of the Senate talking about me, this week, with the proposition take very big risks, and then when it need for some regulation with respect that if we can deal with the housing comes time that it does not work out, to hedge funds, but we have not been piece, at least you start trying to help the taxpayers come in and say: Don’t able to get legislation through the Con- some of the American people who real- worry, we will put up a safety net. gress. But this is not just about regu- ly deserve some help at this point in About 16 months ago, Bear Stearns lating hedge funds; it is about the order to keep their homes. That is the gave the chairman of Bear Stearns, agencies that are already empowered first piece of legislation on the floor of James Cayne, a stock bonus of $14.8 to regulate refusing to do their jobs. the Senate this week. That is a reason- million. The year before, he had gotten The Secretary of the Treasury today able thing to do. If this Government, at $30.3 million in compensation. This announced a series of steps that he por- its highest levels, can take billions and company that went belly up over the trays as a substantial addressing of the tens of billions of dollars around Wall last 5 years, the chairman, Mr. Cayne, issues that are now involved in Street and say to the Wall Street made $156 million in income. Let me subprime lending and the other finan- firms, here is $29 billion if you will pay say that again. This is a company that cial difficulties. But in many ways, it $1.3 billion for a firm that used to be went belly up because it took risks is moving the boxes around and, it ap- worth $20 billion a couple weeks ago— that were way outside the norm, in my pears to me to be deregulation rather if we can do that and assume all that judgment. The chairman received $156 than the need for additional regulation risk on behalf of the American tax- million between 2002 and 2006. The and additional oversight. payers for the kind of activities on CEO, Alan Schwartz, received $141 mil- It is not just in this area of housing, Wall Street that represent, in my judg- lion in income during that same period, it is not just in the area of investment ment, unsound business practices and and the former company president, banking or hedge funds. I have men- unbelievable speculation, this Congress Warren Spector, $168 million. tioned on the floor previously that can certainly reach out to home own- Let me say that again. Three top of- there is unbelievable speculation in a ers across this country to say that we ficials at Bear Stearns, 15, 16 months range of areas. Oil—the fact is I be- want to give them some help. We will ago received very large bonuses, and in lieve, and there are some experts who see tomorrow or the next day what the last 5 years received the following believe, that the price of oil at the mo- might or might not happen with re- compensations: $156 million, $141 mil- ment is about $30 above where it ought spect to the willingness of this Senate lion, and $168 million. This is like hogs to be. Why? Because for the first time to address this housing issue. in a trough, all except for the grunting hedge funds and investment banks are f and shoving, which we cannot yet hear, hip deep in the oil futures market, but we will, I assume. It is unbeliev- driving up the price of oil, having noth- WASTE, FRAUD, AND ABUSE able. There is unbelievable greed in ing at all to do with the supply and de- Mr. DORGAN. Mr. President, 2 weeks this system. mand of oil. Once again, unbelievable ago, I had a chance to meet Herman We are told again by the Secretary of speculation. For what purpose? For the Wouk, who is one of America’s greatest the Treasury that this was not the purpose of unbelievable profitability. authors. He wrote ‘‘Caine Mutiny’’ and fault of a lack of regulation. Of course, We have not had investment banks he wrote ‘‘War and Remembrance.’’ He it was the fault of no regulation. previously buying oil storage capa- is 91 years old and a remarkable man, This is from the Wall Street Journal, bility so they can buy oil on the fu- just a remarkable man. He was telling March 2008: tures market and take it off the mar- me something kind of in jest. He said:

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.017 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2214 CONGRESSIONAL RECORD — SENATE March 31, 2008 You know, I don’t know much about And here is a picture of his vice the same general who went to that what happened after 1945, but I know president, the vice president of this Senate committee and said: Never hap- everything that happened before 1945. company, this company to which the pened. He was talking about his body of work, U.S. Army gave a $300 million contract. Well, now the inspector general has his research on the Second World War The vice president is a 25-year-old mas- finished an investigation and said in and prior to that period of time. And seur named David Packouz. He is the fact it did happen. It did happen. This he wrote wonderful books, as all of us former vice president of the firm that general has some explaining to do. know. He is one of America’s greatest got $300 million. So you have a 22-year- I have asked Secretary Gates, the De- authors. old and a 25-year-old masseur who get fense Secretary, to ask this general to Herman Wouk and I were talking $300 million from the U.S. Army. explain himself, and so should this about the Iraq war and talking about Now, what did they do with the $300 Congress. the stories about the Iraq war, and he million? Well, the next photograph, But I don’t understand, I just don’t said to me: Do you know anything again from the New York Times, shows understand how even following infor- about the Truman Committee? Do you outdated ammunition sold to Afghan mation sent to this country, to the know anything about what happened in forces, including 40-year-old Chinese- Army Sustainment Command by U.S. the Second World War with President made cartridges. So these folks got $300 military officers in Afghanistan, say- Harry Truman, then-Senator Harry million and they were providing mid- ing what they are sending over here in Truman, who created a committee, a 1960s cartridges to the Afghan Army, the form of armaments under this con- special committee in the United States which the Afghan Army was receiving tract is junk and it needs to stop, even Senate, bipartisan, to go after this in cardboard boxes that had not been following that it continued. It is an un- issue of contract fraud that was going properly taped and were falling apart. believable amount of government on with respect to defense contracting? The Afghan Army described these ar- waste. I told him I certainly did know about maments as junk. Here is an Afghan This is but one issue. And we the Truman committee, and we have policeman surveying 42-year-old Chi- wouldn’t know about it if it were not had, I believe, four votes in the Senate nese ammunition that arrived in crum- for the New York Times. This has been that I offered as amendments to estab- bling boxes. going on for years. We have been fight- lish a Truman committee. Again, American taxpayers, through ing in Iraq longer than we were fight- At this point I want to show my col- the Army Sustainment Command, paid ing in the Second World War. leagues a photograph of a man. I don’t hundreds of millions of dollars to a Now, let me go back to something know this man personally. This comes company that previously had been a they did in the Second World War. from a Thursday, March 27, edition of shell company, a shell corporation, Harry Truman, in this Chamber, stood the New York Times. now run by a 22-year-old who says that up and offered a proposal to create the I read an article about this man on he is the only employee of the corpora- Truman Committee, bipartisan. For an airplane, and I was struck by it be- tion. $15,000, they created a committee, and cause it is such an unbelievable story, Now, Mr. President, I have spent a it worked for 7 years and saved $15 bil- and it is another chapter of, in my lot of time on the floor of the Senate lion investigating waste, fraud, and judgment, a shameful series of chapters on these kinds of issues. It is pretty abuse in defense spending during the of abuse of the American people by unbelievable when you think about it. Second World War. Now, Mr. President, contractors with respect to the Iraq I don’t know Mr. Diveroli personally. I have been trying for 4 years to get war. Never met him. I do know that three this Congress to empower a committee The New York Times published this reporters from the New York Times and to impanel a bipartisan committee article, and this is a picture of a 22- did some extraordinary work—C.J. to go after this kind of waste, fraud, year-old man from Miami Beach. He Chivers, Eric Schmitt, and Nicholas and abuse. had gotten contracts worth over $300 Wood, to expose his activities. I don’t Let me go over just a few of the million in U.S. taxpayers’ dollars, and know how long it took them to do this things. I have held, I believe, about 12 he had signed a contract with the U.S. investigative piece, but it is two full hearings in the Policy Committee, but Army to provide arms to Afghan sol- pages inside the New York Times. They the Democratic Policy Committee does diers. obviously traveled to Afghanistan and not have subpoena power, and I have Apparently, we, as taxpayers, and the other countries to finish this investiga- only held these hearings because other U.S. Army, were trying to provide ad- tive piece. We wouldn’t know about committees have not. Oversight is a re- ditional arms for the Afghan Army this issue were it not for investigative sponsibility of this Congress. with which to fight and defend itself. reports by the New York Times. Mr. President, I want to show a pho- So this 22-year-old man got a $300 mil- In January of 2007, that is just 14 tograph of Bunnatine Greenhouse. I lion contract from the Army months ago, the most recent award, have done it on many occasions. But Sustainment Command, through a which I believe was $150 million, was the reason I wanted to show the photo- company that had been a shell for a given by the Army Sustainment Com- graph is because Bunnatine Greenhouse number of years established by this mand, and the Army Sustainment is a very courageous woman. This man’s father. Mr. Diveroli is his name. Command said: woman rose to become the highest ci- This is a mug shot from the Miami AEY’s proposal represented the best value vilian official at the U.S. Army Corps Dade Police Department. He had alleg- to the government. of Engineers. This is a remarkable edly assaulted a parking lot attendant I am telling you, this part of the U.S. woman. By all accounts, according to and had a forged driver’s license when Army has a lot of explaining to do to people outside of government, she was he was arrested, which made him out this Congress and to the American peo- the finest purchasing agent and an un- to be 4 years older than he really was. ple. This is the same Army believable public servant. But she blew He told police he had gotten the forged Sustainment Command and, inciden- the whistle on abusive Halliburton con- driver’s license to buy alcohol, but now tally, the same general in charge of the tracts. She said it was the most signifi- that he was over 21 he didn’t need it Army Sustainment Command who cant abuse of contracting authority any longer. went to a hearing here in the Senate, she had seen in her career. So this is a 22-year-old man who was and following my testimony before a Guess what happened to her. It is the CEO of a company called AEY hearing about the water problems in what happens to too many whistle- based in Miami Beach. And this is a Iraq and about Halliburton Corporation blowers. She got demoted and lost her picture of the building that was head- providing water to the troops, non- job. She got demoted because she had quarters for his company, but there potable water that was twice as con- the guts to speak out. was nothing on any door in the build- taminated as raw water from the Eu- This whole issue has now been sub- ing. Apparently, in one part of this phrates River, we had the evidence, in- sumed behind the wall in the Defense building an office was supposed to be ternal Halliburton memorandums, say- Department. We can’t talk about it his office, but there was nothing that ing it was a near miss. It could have now because it is under investigation. identified his office. caused mass sickness or death. This is This woman lost her job nearly 4 years

VerDate Aug 31 2005 03:56 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.018 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2215 ago and was replaced, by the way, by Cola, about $7,600 for a 1-month lease of This belonged to Custer Battles, by someone who had no experience, not a an SUV, about 25 tons of nails sitting the way, this cash. They showed up in day’s worth of experience in con- on the ground, on the sand of Iraq, be- Iraq with no experience, a new com- tracting authority. That is the way it cause somebody ordered 50,000 pounds pany. They got $100 million in new con- works over there. You blow the whis- of nails and ordered them too short. It tracts very quickly and then a whistle- tle, you pay for it with your career. doesn’t matter, the taxpayer pays for blower—at least the whistleblower says I called the person that hired all that. Throw them on the sand and they threatened to kill him. He said Bunnatine Greenhouse one night at his reorder. you can’t do this. They took forklift home—LTG Joe Ballard. He had since How about charging for 42,000 meals trucks that belonged to the Baghdad retired from the military. And I said: for the soldiers, a day, and serving only Airport, allegedly painted them blue, General Ballard, Bunnatine Green- 14,000 meals a day? Missing, 28,000 and then sold them back to the Coali- house spoke out about the billions of meals. It doesn’t look like an innocent tion Provisional Authority. That was dollars given the Halliburton Corpora- mistake to me. Rory Mayberry came to us, by the way. We were paying for all tion and the abuse and the way those testify at a hearing I held. He was a su- of that. Custer Battles, this was one of contracts were let and she was de- pervisor of food service for the Halli- their payments. I expect they have moted. Tell me about Bunnatine burton subsidiary. He said we were told been under criminal investigation now Greenhouse. You hired her. that when an auditor came by, don’t for some while—and if they have not, He said: She is the best. She got a you dare talk to an auditor. We forbid they should be. That was only $2 mil- raw deal. you to speak to a government auditor. lion, but they got $100 million. This is from General Ballard, since He said they were routinely charging There is so much to say about these retired. Well, the Pentagon decided to for more food for soldiers than solders issues. The Parsons Corporation is a award a big no-bid, sole-source con- existed—routinely. He said they were company that was to build health clin- tract to the Halliburton Corporation. routinely serving expired, date- ics in Iraq. The Parsons Corporation It is called Restore Iraqi Oil, the RIO– stamped food. The supervisor said it was provided $243 million in a contract C, and then they had other contracts— doesn’t matter, serve it to the troops. by us to build or repair 142 health clin- the LOGCAP contract. The waivers I mentioned the issue of water qual- ics in the country of Iraq. Three years that were required were not given. This ity; again, the issue of requirement in later the $200 million was gone, but was short-circuited, and we have seen the contract to provide water to our there were only 20 health clinics and the result of this now for a long period troops at the military bases in Iraq. those that existed were of shoddy con- of time. That was a Halliburton contract. A struction. A man who was an Iraqi phy- Mr. President, I have been to the couple of whistleblowers came to me sician, a doctor, came and talked to me floor a good many times to talk about and gave me the internal memorandum about it. He said he went to the Iraqi the hearings I have held, and I don’t in the company. They were providing health minister because he knew this mean to single out Halliburton, it is water that was twice as contaminated money was supposed to go to address just the company that has gotten the as raw water from the Euphrates River. health issues in Iraq. He said to the biggest contracts. But when a company I had it in writing. Yet Halliburton de- Iraqi health minister, I understand an gets hundreds of millions of dollars, or nied it and so did the U.S. Army. Only American company got $200-plus mil- billions of dollars and then, in my judg- when the inspector general did the in- lion. I want to tour all these ment, is not performing and is taking vestigation I requested did we find out healthcare facilities that were sup- all the money, we have a right to ask Halliburton was not telling the truth, posed to be built. The Iraqi health min- questions. We had $85,000 brand new nor was the U.S. Army. That is a sad ister said you don’t understand. Many trucks left beside the road in a zone comment. of these were imaginary clinics. that was not considered hostile at all, I want to show a picture of some The money is gone. The American to be torched and set on fire because money. The fellow who was holding taxpayer got fleeced again. The money they didn’t have enough equipment, or this cash came to testify. I believe I is all gone, but the clinics don’t exist. didn’t have a wrench to fix a tire; have a chart that shows the money. We have shoveled money out the door $85,000 brand new trucks left to be These are one-hundred dollar bills, in here in this Congress. This President torched beside the road in safe areas bricks, wrapped with Saran Wrap. This has said I want to send soldiers to war because they had a plugged fuel tank. guy, named Frank—this was in a build- but I do not intend to pay for it. Not a The attitude is that it doesn’t matter, ing in Baghdad. Down below in the cent of it has been paid for. Since the the taxpayers will pay for that. It vault of that building were several bil- war started, every single dollar has doesn’t matter, it is a cost-plus con- lion dollars. been requested as an emergency by the tract. A cost-plus contract, taxpayers By the way, $18 billion of cash was President, emergency spending. It is will pay for that. loaded on C–130s, from this country, to unbelievable; nearly two-thirds of a Let me show a towel. It is sometimes go to Iraq—$18 billion in cash. It was trillion dollars emergency spending. A the smallest issues that make the big- not accounted for. substantial amount of money has been gest points. Henry Bunting came and There was a man who was contracted shoveled out the door here for con- testified for the Halliburton Corpora- to be able to do the accounting. His tracting, very big contracts in Iraq— tion. He worked in Kuwait. He was the name was Howell. His address was a some reconstruction, some replenish- purchasing agent for our troops in Iraq. residential home in San Diego, CA, and ment of military accounts, but very One of his jobs was to purchase tow- his company allegedly was NorthStar large contracts with almost no over- els, so he wrote out a purchase order Consulting. No one has ever been able sight. The American taxpayer has been for towels for the troops and his super- to find anything NorthStar Consulting stolen blind. This is easy to say, in my visor looked at that and said no, you did, except we know they got $1.4 mil- judgment, the largest amount of waste, can’t buy those towels. Bunting wanted lion and there is no evidence they had fraud, and abuse in the history of this to buy plain white towels. He was told any accounting on staff, any account- country. that he needed to buy a towel that has ant at all. There is no evidence that It has gone on for over 5 years. There KBR’s logo, Kellogg Brown & Root, a any of the $18 billion in cash that was is no excuse, none, for this Congress subsidiary of Halliburton, embroidered moved by C–130 airplanes to Iraq was not creating a Truman committee with on it. He said the problem is that will accounted for. subpoena power, bipartisan, to inves- triple the cost of the towels they are This is $2 million. This $2 million. tigate and bring justice and provide the buying for the troops. His supervisor By the way, Frank said from time to oversight necessary on this kind of said you don’t understand, it doesn’t time they would throw these around as contract abuse. There is no excuse. matter. These are cost-plus contracts. footballs in the office because there I know some over the years have It doesn’t matter. was a lot of cash around there. He said made excuses. I have offered the Henry Bunting told us about tripling the refrain in their office was: You amendment three times, perhaps four, or quadrupling the cost of towels, bring a bag because we pay in cash. He but we voted on it three times. I have about paying $45 for a case of Coca- said it was like the Wild West. people stand up in the Senate and say

VerDate Aug 31 2005 03:56 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.019 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2216 CONGRESSIONAL RECORD — SENATE March 31, 2008 we are doing the oversight hearings, we In the coming days I intend to come are following the paths that many are doing hearings. We are not. That is to the floor a good many times to great statesmen walked before us. not true. The Appropriations Com- speak about this and be a general burr Reflecting on our past can be a mittee did one a month ago after I under the saddle—which is a term that source of great pleasure, and it can pushed and pushed. I appreciate the people are perhaps more acquainted lead to great insight. Learning about Appropriations Committee doing it. We with in my home State because we the lives of great Americans—the will do another one in about a month, raise a lot of horses. But it seems to grand accomplishments and humaniz- a little less than a month. That is fine. me the only way to get this sort of ing habits—is both entertaining and That is not a substitute for doing 60 thing done is to be a problem and to educational. Indeed, it is emblazoned hearings a year for 7 years, as the Tru- embarrass those who do not want to do in the rotunda in the Library of Con- man committee did. it, and I am prepared to do that. I gress that ‘‘History is the biography of American taxpayers deserve better think it is long past the time to say to great men.’’ The accomplishments of than they have gotten from this Presi- the American people: You don’t have to great Americans give us heights to dent and from the Congress for the last read it anymore in the newspaper. The which to aspire, and their failures give 5 years. newspaper is not going to be required us guidance for our own pursuits. Senator REID and I have talked about to do oversight for this Congress. The Unfortunately, the pleasure of know- this a great deal. Senator REID has ag- Congress finally, at long last, will do ing history escapes many younger gressively supported the creation of a its own oversight and will do a good job special committee, a bipartisan com- Americans. Study after study has and tell the American people you can shown that our students lack even a mittee to investigate this kind of count on us. That has not been the case waste, fraud, and abuse. It is long past rudimentary knowledge of American earlier when this war started because history. the time we do it. no one wanted to do the necessary kind I come back to the point I made The most recent National Assess- of oversight because it was the kind of originally. When I pick up a New York ment of Education Progress found that oversight that would probably raise Times and see that $300 million of con- elementary, middle, and high school some hackles and embarrass some tracts is given to a shell corporation in students fall short in terms of what folks. Miami, FL, with no name on the door they know about U.S. history. Accord- I might also say, there was a piece of of the building, a corporation headed ing to the NAEP, the Nation’s report legislation passed—in fact, the Pre- by a 22-year-old as president, a 26-year- card, roughly a third of fourth graders siding Officer, Senator WEBB old masseur as vice president, I ask the , and Sen- and eighth graders fall below what is question: Who makes those judgments? ator MCCASKILL and others put it to- deemed a ‘‘basic’’ level of proficiency Who is responsible? Who is account- gether last year, which I supported— in U.S. history. Our high schoolers fare able? which deals with a Truman commis- much worse. More than half of 12th From that several hundred million sion. It is not the equivalent of a Tru- graders fall below the ‘‘basic level.’’ dollars, 50-year-old weaponry is sent to man committee. A Truman committee The news does not improve as stu- Afghanistan in the name of American is a standing committee with subpoena dents move on to college. Older stu- taxpayers, in boxes that are not taped power, but the Truman Commission is dents fare poorly as well, even those up properly, weaponry that comes, in a step forward and I supported it. It who attend what are considered our top some cases, from the 1960s, in China. will be a commission that operates on universities and colleges. A recent sur- That is unbelievable to me. Some a one-time basis to develop rec- vey of college freshmen and seniors re- might be able to read the New York ommendations and take a look at what vealed that many students are igno- Times piece and say that is all right, I is happening. rant of what many of us consider basic The Wartime Contracting Commis- have read this before. I have read we facts of American history. For in- sion has a 2-year sunset, and I com- were double charged for gasoline for stance, only 47 percent of freshmen mend my colleagues for trying to put our American troops in Iraq. I have knew that Yorktown brought the Revo- together and for successfully putting read we were overcharged for meals. I lutionary War to an end. Seniors did together a commission, but I do say read we paid for health clinics that did even worse—only 45 percent knew. An- that we need in this Congress a com- not get built. I read all these things. other example: 42 percent of college mittee, a bipartisan select committee, You know what, it is not such a big freshmen could not identify on a mul- with subpoena power and we need it deal. tiple-choice test the 25-year period dur- now. It is a big deal with me. It ought to ing which Abraham Lincoln was elect- be a big deal with this Congress. The I yield the floor. I suggest the ab- ed President. And another: 15 percent American people, I think, are sick and sence of a quorum. of seniors did not know that the Dec- tired of this and they deserve a Con- The ACTING PRESIDENT pro tem- laration of Independence denotes the gress that is going to do something pore. The clerk will call the roll. inalienable rights of life, liberty, and about it. The legislative clerk proceeded to the pursuit of happiness. I obviously wish I didn’t have to call the roll. come to the floor to talk about this. I Mr. KYL. Mr. President, I ask unani- The results are disappointing, to say wish instead my energy was devoted to mous consent that the order for the the least. They reveal that younger a committee that had subpoena power. quorum call be rescinded. Americans have a poor concept of what The very first thing we should do—and, The PRESIDING OFFICER (Mr. is necessary for good citizenship. What by the way, I am writing a letter to the CARDIN). Without objection, it is so or- is the basis for the social compact of appropriate subcommittee saying I dered. Americans? Many younger Americans want you to subpoena the principals in Mr. KYL. Mr. President, I ask unani- do not know that our Government was this contract and I want you to sub- mous consent that I may speak for founded on principles and values of in- poena the general in charge of the such time as I might consume. nate equality and liberty. We have Army Sustainment Command and I The PRESIDING OFFICER. Without known about these deficiencies for a want them to come to testify and ex- objection, it is so ordered. long time. Yet very little progress has plain to the American people and ex- The Senator from Arizona is recog- occurred. This must change if Amer- plain to us how is it during wartime nized. ican voters are to be able to evaluate candidates and issues on the basis of that we seem to blink and turn our f head to what is, I believe, war profit- American principles and values. eering. Who has allowed us be that im- AMERICAN HISTORY It was 13 years ago that the Senate mune to the interests of the American Mr. KYL. Mr. President, in the Sen- debated the national illiteracy of U.S. troops? This undermines and disserves ate, we are surrounded by history. The history. At that time, the Senate was the American soldiers. It certainly dis- same can be said of the Capitol itself considering controversial national U.S. serves the American taxpayers and and, of course, of Washington, DC. It is history standards. These standards does not represent the best interests of very humbling to think that when we were flawed, neglecting important indi- this country. travel around the Nation’s Capital, we viduals, ideas, and events for the sake

VerDate Aug 31 2005 03:56 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.021 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2217 of politically correct subjects. As poor It is especially important in an elec- This brings me to a final figure, an- as the standards were, they did respond tion year, where knowledge of the past other Soviet dissident and another wit- to what many recognized as a serious can help us evaluate events and can- ness to the destructive power of dan- and legitimate problem: the Nation’s didates of today. gerous ideologies, like Solzhenitsyn. children were not learning U.S. his- It is imperative that in these times These are both men who understand tory. Americans understand who we are as the necessity of willpower in the face As Senator Slade Gorton noted dur- Americans. Americans must com- of evil. ing that debate: prehend the principles and values on A couple of years ago, writing in the The founding truths of this country may which this country was built because journal ‘‘The New Criterion,’’ Roger have been self-evident to the Founders, but we are engaged in a great ideological Kimball, in his essay ‘‘After the suicide as studies have demonstrated again and confrontation with people who are of the West,’’ discussed the insights of again, they are not genetically transmitted. dedicated to destroying us—a con- the Polish philosopher Leszek Studies have continued to dem- frontation that will be arduous and dif- Kolakowski, who lived both through onstrate just that. ficult. The terrorist conflict in which the fascism of the Nazis and the com- So what to do about it? Most of what we are engaged is one of values and munism of the Soviet Empire. He was we learn about our country we learn in principles, and future generations can- also active in the Polish Solidarity school, but today’s curricula does little not act on these values if they are ig- movement. Kimball paraphrases to interest our students. So says norant of American history. Kolakowski and illuminates why former Secretary of Education William When citizens begin to grow ignorant knowledge of our history is so key for Bennett. In an article in National Re- of who they are, one of the first symp- the maintenance of our willpower. view last year, he wrote: toms is a loss of willpower. Learning Kimball writes: It’s not our children’s fault. . . .Many of about our past tells us who we are, and Kolakowski is surely right that our liberal, our history books are either too tenden- with that knowledge we are equipped pluralistic democracy depends for its sur- tious—disseminating a one-sided, politically to face the challenges and fight the vival not only on the continued existence of correct view of history of the greatest nation wars we face today and in the future. its institutions, but also ‘‘on belief in their that ever existed; or, worse, they are bor- Indeed, if future generations do not ap- value and a widespread will to defend them.’’ ing—providing a watered down, anemic preciate what we have—why it is so One can surely question whether the version of a people who have fought wars at precious, why it needs defending—they next generation of Americans really home and abroad for the purposes of liberty and equality, conquered deadly diseases, and will not do the hard things necessary believes in the value of our institu- placed men on the moon. to defend it. tions. After all, what is it they have to In a speech to Harvard University’s base their judgment on when they Today’s textbooks, say scholars like graduating class of 1978, Alexander Sol- know very little about the institutions Bennett, do not relate the drama of our zhenitsyn confronted the West’s weak themselves? Nation, they are lifeless and boring, confrontation of communism. A few years ago, in 2003, the Library and they shy away from conveying the It is probably worth noting here an- of Congress recognized Kolakowski for uniqueness and the extraordinary na- other item in the survey of college stu- his intellectual achievements. After re- ture of America. Ours is a very special dents I mentioned earlier. That survey ceiving his award, he made a speech in Nation based on what our Founders found that about a quarter of freshmen which he passionately explained why called ‘‘truths.’’ Is it conceivable that were unable to complete this sentence history is so important and why it is our unprecedented freedom, success, correctly: ‘‘The major powers at odds an important matter for discussion. and leadership is influenced by these with each other in the ’Cold War’ were He said: truths and the governmental struc- the United States and [blank].’’ A tures designed to reflect them? You Historical knowledge is crucial to each of quarter of the students could not come us: to schoolchildren and students, to young would not know it from some histories. up with the name—Soviet Union—and and to old. We must absorb history as our I believe our students would be well it was a multiple-choice quiz. own, with all its horrors and monstrosities, served by reading texts such as ‘‘A Pa- Solzhenitsyn’s speech is particularly as well as its beauty and splendor, its cruel- triot’s History of the United States.’’ I instructive even as we face a different ties and persecutions, as well as all the mag- like the way the authors of this book ideological threat today. He warned: nificent works of the human mind and hand; describe their approach to writing a we must do this if we are to know our proper No weapons, no matter how powerful, can volume of American history. They say: place in the universe, to know who we are help the West until it overcomes its loss of and how we should act. We remain convinced that if the story of willpower. And he goes on: America’s past is told fairly, the result can- Some of the debates we have been not be anything but a deepened patriotism, a One might ask what is the point of repeat- sense of awe at the obstacles overcome, the having in the Senate raise the question ing these banalities? The answer is that it is passion invested, the blood and tears spilled, of whether we are there again. important to keep on repeating them again and the nation that was built. Thirty years after Solzhenitsyn, we and again, because these are banalities we That is the spirit we should convey need to summon willpower for this new often find it convenient to forget; and if we to our children. And it does not have to conflict. We are engaged in a struggle forget them and they fall into oblivion, we will be condemning our culture, that is to be politically correct—just fair. Of against a radical ideology whose adher- ents want to eradicate us. The enemy say ourselves, to ultimate and irrevocable course, American history cannot ig- ruin. nore the bad, but it also should not ne- we are fighting hates us because of our Studies of our young people’s knowl- glect individuals, ideas, and events values and our principles, the origins of edge of history confirm the wisdom of that inspire. which are unknown to many young Americans. But a lack of willpower has this observation and raise questions My colleague, Senator LIEBERMAN, about the risk to our history of falling had it right in 1995. He said: inhibited our struggle against these global terrorists. into oblivion. We do not need sanitized history that only Last year, the Senate spent many ‘‘Thankfully, historical amnesia still celebrates our triumphs. . . .But we also do has a cure,’’ Secretary Bill Bennett re- not need to give our children a warped and hours debating whether to withdraw negative view of Western civilization, of from Iraq before we had completed our minds us. ‘‘Let us begin the regimen American civilization, of the accomplish- mission. We have spent too much time now.’’ ments, the extraordinary accomplishments arguing over terrorists’ civil rights. We need a cure, because as long as we and contributions of both. Solzhenitsyn, in fact, presaged our cur- suffer from this amnesia, we will be Why is this important today? First, rent debate in 1978 when he observed: fighting two wars: a war against our to quote my colleague from Con- When a government starts an earnest fight enemies who wish to do us harm and a necticut again: against terrorism, public opinion imme- war against our will, the loss of which diately accuses it of violating the terrorist’s History is important. We learn from it. It will let them. civil rights. tells us who we are, and from our sense of The fate of future generations de- who we are, we help determine who we will Such accusations are a sign of a lack pends on how we answer the enemy’s be by our actions. of will to defeat an implacable enemy. challenge today. To do that, we must

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.022 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2218 CONGRESSIONAL RECORD — SENATE March 31, 2008 clearly understand the values and prin- port our effort to pass legislation that Our economic health in this country ciples that make us who we are. The will help millions of families who are depends on Americans having a safe truth is no one will fight long, either facing foreclosure today. and stable place to live and raise their literally or figuratively, for values and This week, we will give President families. We want every family to principles he doesn’t understand. Bush and the Republican Senators that know there is help out there. The Fore- Americans must know what is worth chance again as we take up the Fore- closure Prevention Act would help fighting for, must maintain the will- closure Prevention Act for the second make sure families that risk losing ev- power to do it, and must apply the les- time this year. Until now, it seems erything get the help they need before sons of our past to our current threats. that some on the other side of the aisle it is too late. So we must find a way to help students have been more responsive to Wall Across this country, people are wor- understand the values and the prin- Street than Main Street. ried about whether they are going to be ciples upon which our Nation is found- So I hope my colleagues who were able to keep their homes, whether their ed. The solution begins at a funda- home over the break have listened, as I jobs will be eliminated, and how they mental level of learning and education. have, to the concerns of their constitu- are going to pay for health care when Our students need textbooks that cap- ents and have now returned ready to they or their children get sick. These ture the life of history—Bill Bennett work and address our Nation’s housing are real families, and these are real suggests a national contest for better crisis. This truly is a crisis. I wish to communities in need of help. history textbooks—and draw young spend a couple minutes talking about We need to pass this reform imme- people to the study of our Nation’s why we have to take action now. diately. Americans want action. We As many as 2 million American fami- story. wanted to pass it last month, and we lies are going to lose their homes to The solution, however, must go be- were stopped by Republican efforts to foreclosure this year. Each foreclosure yond changes to curriculum. As a na- block this bill. So I hope now, as we represents a family whose dream of a tion, we must learn to embrace our his- have returned from the recess, Presi- comfortable home and secure future tory again and discard the politically dent Bush and our Republican col- has been dashed. Each foreclosure correct, relativistic version of our his- weakens the foundation of our entire leagues will support our efforts. I hope tory that has persisted for far too long. economy and our communities. Fore- they will come with us tomorrow, We must act now to preserve for future closures have left our neighborhoods stand with us, and pass meaningful re- generations what we know to be so im- full of vacant homes. Foreclosures have form that will give homeowners the portant. Let us get about the job. left our families distressed and trou- help they need, allow them to keep Mr. President, I note the absence of a bled, and communities are now report- their homes, give their families hope, quorum. ing a higher crime rate as a result of and ultimately make our communities The PRESIDING OFFICER. The this crisis. State and local govern- strong again. clerk will call the roll. ments are seeing their tax revenues Mr. President, I yield the floor and The assistant legislative clerk pro- drop even as their needs are piling up. suggest the absence of a quorum. ceeded to call the roll. We in Congress can help prevent this The PRESIDING OFFICER. The Mrs. MURRAY. Mr. President, I ask by investing in our communities and clerk will call the roll. unanimous consent that the order for providing support for families who risk The assistant legislative clerk pro- the quorum call be rescinded. losing everything. ceeded to call the roll. The PRESIDING OFFICER. Without The Foreclosure Prevention Act Ms. MURKOWSKI. Mr. President, I objection, it is so ordered. would make changes in bankruptcy ask unanimous consent that the order f laws so that more financially troubled for the quorum call be rescinded. The PRESIDING OFFICER. Without HOUSING CRISIS families could keep their homes. It would change lending laws to prevent objection, it is so ordered. Mrs. MURRAY. Mr. President, over more borrowers from accepting terms Ms. MURKOWSKI. Mr. President, I the last year, Americans across the they don’t understand and cannot af- ask unanimous consent to speak in country have watched as our economy ford. It would provide an additional morning business for as long as I may has faltered, and for far too many fami- $200 million to help housing counselors need. lies the economic downturn has hit continue to reach out to families who The PRESIDING OFFICER. Without home in the form of a foreclosure. This are at risk of foreclosure. objection, it is so ordered. The Senator is a time when we badly need a strong I wish to focus on the last point be- from Alaska is recognized. and effective response from the admin- cause it is extremely important. Too f istration led, in part, by the Depart- many homeowners today don’t know UNITED STATES COAST GUARD ment of Housing and Urban Develop- they can get help when they get behind ment. on their mortgage. Too many of them Ms. MURKOWSKI. Mr. President, But instead of helping the millions of don’t contact their lender when they many of my fellow Americans are very families who are struggling to stay miss their first payment. Too many are aware of the exhilaration but also the above water, HUD has been almost con- just intimidated or don’t feel they can dangers and risks of commercial fish- stantly distracted by the ethical ques- trust anyone. The Foreclosure Preven- ing in Alaska’s Bering Sea. The pic- tions that have been facing its Sec- tion Act would give counseling agen- tures and the stories—and even the retary, Alphonso Jackson. Ten days cies the resources they need to reach sounds—are brought into our living ago, I felt the problem had reached a out and let borrowers know they have rooms every week on the Discovery breaking point, so I called for Sec- options. Counseling can help families Channel program ‘‘The Deadliest retary Jackson’s resignation. Today, negotiate with their lenders, readjust Catch.’’ Many have seen it. Mr. Jackson announced he has decided their payments, or learn how to budget When the Bering Sea fishing fleet to move on, and President Bush must their expenses better. finds itself in trouble, they rely on the now nominate a new Housing Secretary Last month, I had the opportunity to men and women of the U.S. Coast with the experience and the credibility meet a single mother from Ohio. She Guard to truly make order from the to attack this crisis rather than hide had fallen on hard times which, in chaos. These stories have not escaped from it. turn, led her to fall behind in her mort- Hollywood’s attention. It is not only Mr. President, I hope this develop- gage. Luckily, with housing counseling seen on ‘‘The Deadliest Catch,’’ but ment is a sign that the administration made possible by NeighborWorks there was a 2006 feature film, ‘‘The wants to finally make the needs of America, she and her children were Guardian,’’ starring Kevin Costner and American families a priority. I hope it able to stay in their home. She ex- Ashton Kutcher, which paid tribute to is a sign that the administration wants plained to me that when she got be- the Coast Guard search and rescue to work with Congress on a meaningful hind, she was simply overwhelmed; she teams based at Air Station Kodiak in response to the crisis that has swept didn’t know what to do. She said this is Alaska. Coast Guard Air Station Ko- across this Nation. I hope President not something about which they teach diak is home to aircrews and rescue Bush will change his position and sup- you in school. swimmers who endure some of the

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.024 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2219 harshest winds and seas in the world. We also have then the Coast Guard nothing approaching this kind of a res- They put their own lives on the line cutter Munro. It has been diverted from cue. In fact, rescues of this nature are every day so that others may live. its position 130 nautical miles south of extremely rare. After very carefully The events that were depicted in the incident. It is racing to the scene examining the records dating back over ‘‘The Guardian’’ were fictional, but the at the speed of about 30 knots. 30 years, the Coast Guard could only events that transpired this past Easter The Munro carries a Dolphin rescue find a couple mass rescue cases that morning in the Bering Sea were very helicopter which lifts off the Munro were even remotely similar to what we real. I rise today to honor the men and some 80 miles before the cutter arrives experienced on Easter. women of the U.S. Coast Guard who at the scene. While dramatic search-and-rescue participated in efforts to rescue the 47- Rescue swimmer Abram Heller is cases are no stranger to Alaska, most member crew of the fishing vessel Alas- lowered into the water and begins to involve 10 victims or less. Others in- ka Ranger. As a direct result of these gather victims to be hoisted into the volve a much more orderly abandon- heroic efforts, 42 members of the Rang- basket to be lifted up into the heli- ment of a vessel. This was the case in er’s crew survived. There were no Coast copter. Heller stays in the water to 1980, when the cruise ship Prinsendam Guard lives lost. In the words of RADM make room on the Dolphin for sur- went down near Yakutat, AK. But Arthur Brooks, commander of the Sev- vivors. large numbers of people abandoning enteenth Coast Guard District, it was One has to remember, they have ship directly into the water hardly ever ‘‘one of the greatest search and rescue some 47 men in the water. They are happens. That is one more reason why efforts in modern history.’’ trying to lift them into the basket and this rescue effort was remarkable. But Let me kind of paint the scene for then into the helicopter, but the heli- it is not the only reason. you. It was 2:52 a.m. local time on copter can only accommodate so many The risks that were involved in this Easter Sunday, March 23, that the Alas- people. The rescue swimmer is saying: case were extreme. They had, again, ka Ranger, a Seattle-based factory I am going to stay down here; move darkness, extremely high winds, high trawler, radioed the Coast Guard Com- this group to safety. seas, ice, freezing temperatures, ex- munications Station Kodiak with a dis- The Jayhawk then departs the scene tremely long distances from any sup- tress call. The vessel at that time was for the Munro, but the Jayhawk cannot porting infrastructure, and all these located 120 miles west of Dutch Harbor land on the cutter’s deck because it is conditions present unique hazards to at the end of the Aleutian Chain. The too big. So the Jayhawk crew hoists the rescuers. vessel was taking on water. There were the survivors down to the Munro’s deck Success such as this could not occur 25-knot winds and seas 6 to 8 feet high. one by one. Just as they have been lift- without the commitment of a great The Coast Guard immediately ing survivors out of the sea into this many people. The crews of the Jay- launched a rescue effort. There was a helicopter that is pitching around in hawk, the Dolphin, and the Munro will cutter, two helicopters, and a C–130. the air, they now have to be dropped long be remembered for their heroism. The crew of the Ranger had to abandon down to the deck one at a time in the Backing them were the watch stand- ship before the first Coast Guard asset basket. ers at Coast Guard Communications arrived. In the meantime, a fuel line is sent Station Kodiak. These were the folks First to arrive on the scene is a Coast up from the Munro’s deck to refuel the who answered the Alaska Ranger’s may- Guard Jayhawk Rescue Helicopter, de- Jayhawk, and it then departs to the day call. The C–130 crews, the Kodiak ployed from St. Paul Island, located scene. Air Station duty officers, and the Dis- about 230 miles to the north of where The Jayhawk recovers Heller, the trict 17 command center controllers in the Alaska Ranger was at the time. rescue swimmer who has been down Juneau also contributed. In total, The Jayhawk carried a crew of four there with the survivors, and rescues something on the order of 170 Alaska- men. There was no backup. The Jay- more survivors. In total, the Jayhawk based Coast Guard men and women hawk arrives on the scene about 5:30 is responsible for saving 15 lives. The were involved in this effort. a.m. This is about 21⁄2 hours after the Dolphin saves five lives. ADM Thad Allen has already ex- first distress call. This helps put in per- The third player in this supremely pressed ‘‘Bravo Zulu’’ to all the men spective the distances with which we heroic effort is a Coast Guard C–130, and women involved with this effort. I are dealing. By this point in time, the which circled over the scene serving as am honored to take a few minutes from Alaska Ranger has already sunk in the an airborne coordination and commu- the Senate’s day to praise these men water. The vessel is completely gone. It nications platform. and women of the U.S. Coast Guard on has already sunk in water that is more The Coast Guard also received sub- a job well done. Our Nation is always than 6,300 feet deep. stantial assistance from the Ranger’s well served by these highly trained in- The air crew flies in and looks upon sister fishing vessel, the Alaska War- dividuals who stand ‘‘always ready.’’ this sea of flashing strobe lights. Keep rior. The Alaska Warrior also had been f in mind, this is 5:30 in the morning. It out on the Alaska fishing grounds. is still dark. They have wind and sleet They left their fishing grounds to pick AMERICAN ENERGY INDEPEND- and waves coming up, and they see this up 22 survivors from the Ranger who ENCE AND SECURITY ACT OF 2008 sea of flashing strobe lights, probably a were in liferafts and then returned Ms. MURKOWSKI. Mr. President, I mile end to end. They are looking down them to Dutch Harbor. wish to take a few minutes today to at this scene through the helicopter Unfortunately, four of the Ranger’s speak about legislation I introduced thinking there is a light there: Is that crew members could not be saved. One before we went on our 2-week recess. a liferaft? Yet another light and an- still remains unaccounted for. The This is legislation that is cosponsored other light. Each light is a member of Coast Guard sent the Jayhawk and a C– by my colleague, the senior Senator the Ranger’s crew wearing a survival 130 back to the scene with fresh crews from Alaska, Mr. STEVENS. suit. Some are in liferafts, but others to search for the missing mariner but It made great sense when the price of were literally in this human chain without success. The search for the oil hit $111.72 a barrel, which is an all- stretching almost a mile in length. missing crew member was suspended on time record high, and it still makes Others are floating alone. The water Tuesday, March 25. sense today, even with the price of oil temperature in the sea is about 32 de- The Coast Guard uses the maritime having declined to $101, as it is today. grees. phrase ‘‘Bravo Zulu’’ to recognize a job It is a bill that will call for the United Rescue swimmer O’Brien Hollow is well done, and this was truly a job well States to actually take steps to lowered into the water to triage the done. While the Coast Guard rigorously produce more oil, to actually help in- survivors. One by one, he positions the trains its people to perform this mis- crease global supplies of petroleum to survivors to be hoisted into the heli- sion, it is very rare to undertake a mis- lower prices, and to use all the Federal copter above. The helicopter is tossing sion of this intensity and this com- revenues from the oil production to above in these very heavy winds. Hol- plexity. fund many forms of alternative energy low is tethered to the helicopter from Rescue swimmers Hollow and Heller and the programs that help Americans above. had participated in rescues before but deal with high energy and food prices.

VerDate Aug 31 2005 03:56 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.025 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2220 CONGRESSIONAL RECORD — SENATE March 31, 2008 The legislation is entitled the ing trouble making ends meet, given keeps our jobs at home instead of ex- ‘‘American Energy Independence and the high fuel prices we are facing. porting them to foreign oil producers Security Act of 2008.’’ This legislation By this legislation, only 2,000 acres of such as Venezuela and the Middle East. would automatically open the Coastal the 1.5 million acres of the Arctic More importantly, signaling we are fi- Plain of the Arctic National Wildlife Coastal Plain can be physically dis- nally serious about helping ourselves, Refuge in northern Alaska if the world turbed. The bill includes a host of envi- that we will produce oil from ANWR, price of oil tops $125 a barrel for 5 days. ronmental protections. It requires di- will help to drive down the psychology In return, it allocates all the Federal rectional drilling to be used to mini- and the speculation that is currently revenues that would come from that oil mize disturbance to the wildlife. That acting to drive up world oil prices. to both alternative energy develop- means wells can be drilled from a sin- Admittedly, if we were to open ment and to provide programs to help gle oil pad that can go underground up ANWR tomorrow, it is not going to improve energy efficiencies to those in to 8 miles away to find the oil pockets. produce more oil tomorrow, but it will need. That means that there will be nearly or it can dampen the speculation that The revenue includes the estimated 100 square miles of habitat for caribou is helping to fuel higher prices. It is ab- $3.5 billion of Federal lease, bonus, and and musk oxen and the birds between solutely the right thing to do today, royalty revenues within the first 5 these well pads. and it is vital if prices rise higher, as years, plus all the oil production tax The bill mandates exploration only we believe they will. revenues over the life of the field. occurs in winter, when there are no This is an estimated $191 billion to animals on the Coastal Plain to be dis- The U.S. economy is at risk if prices $297 billion to fund wind, solar, bio- turbed. It requires the use of ice roads rise, not counting the health of our mass, geothermal, ocean, landfill gas— that disappear in the summer to pro- low- and middle-income residents. everything covered by the two Energy tect the wildlife. It allows special areas Folks are drowning under the high cost bills we passed in 2005 and 2007, plus to be designated to protect key habitat of gasoline and the high cost of heating programs such as LIHEAP, the Low-In- to keep any activity out. It contains oil. This bill helps to reduce that pain. come Home Energy Assistance Pro- dozens of other stipulations to guard If the prices get any higher, we have to gram, that provides aid to help low-in- against noise, flight disturbances, produce more oil as a means of driving come residents pay for home heating spills or land-use problems. down market forces. and cooling, the weatherization pro- The bill also sets up a special fund to This bill contains all of the environ- gram that helps people improve their help protect Alaska and Canadian Na- mental safeguards that will allow us to insulation to cut energy costs, and also tives should they face any disruptions open a tiny fraction of the 40 million to the Women, Infants, and Children’s because of the limited development acres of the Arctic Coastal Plain in nutrition program that provides a safe- that would be allowed. Alaska without harming the wildlife or ty net for nutrition costs, when energy The bill earmarks not just the $3.5 the environment. It won’t hurt the prices rise so high women cannot afford billion of expected initial Federal lease polar bears. It won’t hurt the yellow to buy food for their babies and young royalties and the potential $192 billion loon. And doing onshore development infants. By the way, the estimates of to $297 billion of total Federal income certainly protects the marine environ- those total revenues are not my esti- taxes from the first 30 years of energy ment and the whale and the walrus and mates that I have worked up; they production, to be split evenly, half the polar bear that spends 90 percent of were developed by the Congressional would be going then to alternative en- its life offshore on the Arctic ice pack. Research Service. ergy projects contained in the Energy This bill is cautious. It doesn’t open We know there is a lot of hand-wring- Policy Act of 2005 and the Energy Inde- the refuge tomorrow, but it simply ing in Washington about what to do pendence and Security Act of 2007 that says if oil prices rise much further we about record-high oil prices that are we approved in December. The other have to take action to show markets strangling our economy from the east half would be allocated evenly to that we are serious about helping our- coast all the way west and certainly up LIHEAP, weatherization, and to the selves and producing more domestic to Alaska. Rather than begging Arab WIC programs. supplies of oil and natural gas. It re- oil sheiks to produce more oil, America In a hearing we held earlier this sponsibly takes all the proceeds and should produce our own oil to send a month, there was a discussion about puts them toward alternatives and signal that we are willing to increase LIHEAP and LIHEAP funding. We rec- safety net program for those who can’t our own supplies and drive down prices. ognized that LIHEAP needs $2 billion a afford these prices. Using these monies Alaska’s Arctic Coastal Plain is like- year in additional funding to be fully for these existing programs will free up ly to hold the largest reserve of tradi- funded. This legislation could do this funds in the Federal budget to help re- tional oil left on land in Northern for 30 years if we were to pass it. duce the debt or fund other vital serv- America. If the price rises any higher, We need a balanced program to in- ices. we should explore the area and find out crease alternative energy development if there is oil there. And if there is, we and improve energy efficiency, but we I am realistic about the fate of this ought to produce it and use the reve- also need to fund these programs with- legislation. I doubt that the leadership nues to wean ourselves from the fossil out increasing our Federal debt. Look in this body will allow this bill to come fuels and to promote energy conserva- at the fights we are having to find the up for a vote right now. But everyone tion. offsets to pay for extending tax breaks here, from Senators who represent We know so many Americans are to further alternative energy. The best farmers who won’t be able to afford to hurting every time they fill up their way to fund alternatives is by raising till their fields this spring during the cars at the pump. And while prices may new revenue. Look at the pain we are planting season due to the high prices, moderate fractionally, the AAA early having in crafting and approving the to those who represent cold States, this month reported gasoline prices ongoing budget resolution. where home heating oil is a problem, to have risen 26.9 cents nationwide since We know this pain is going to con- those Senators who represent warm February 10. In Alaska, my home tinue for years if we don’t do some- States, where air-conditioning costs State, the average price of gasoline is thing, and the best way is by using the will be a concern, to those of us who $3.36 a gallon for regular. This is trail- funds from the fossil fuels to build al- represent fishermen who are worried ing California and Hawaii by a little ternatives. By doing that, we are using about how they will afford the fuel to bit. domestic oil as a bridge, as a bridge to go out and earn their living, we should Americans are having an equally pay for the alternative fuels that will come together to support this common- hard time affording their winter heat- allow us to reduce our use of fossil sense way to help reduce prices and to ing bills and will have similar problems fuels and cut our carbon emissions. actually help provide a real long-term with their summer air-conditioning Opening ANWR does so many things. solution to our supply problems. bills. So it only makes sense the reve- It makes us less dependent on foreign We owe to it our constituents to do nues from finding and producing U.S. oil, it cuts our balance of payments what is right, and I believe this is what oil go to help the people who are hav- deficit, it improves our economy, it is right for our Nation’s future.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.027 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2221 IN HONOR OF CE´ SAR CHA´ VEZ DAY these regulations will have the prefix ‘‘H.’’ S Regs: (c) Scope of Regulations. The def- Mr. REID. Mr. President, I rise today When approved by the Senate for the Senate, inition of ‘‘covered employee’’ in Section 4(c) these regulations will have the prefix ‘‘S.’’ of the VEOA limits the scope of the statute’s in appreciation of the life and lasting When approved by Congress for the other em- applicability within the Legislative branch. legacy of civil rights activist and labor ploying offices covered by the CAA, these The term ‘‘covered employee’’ excludes any leader, Ce´sar Cha´ vez. regulations will have the prefix ‘‘C.’’ employee: (1) whose appointment is made by Ce´sar Cha´ vez came from humble be- In this draft, ‘‘H&S Regs’’ denotes the pro- the President with the advice and consent of ginnings, born on March 31, 1927, in a visions that would be included in the regula- the Senate; (2) whose appointment is made small farm outside of Yuma, AZ. tions applicable to be made applicable to the or directed by a Member of Congress within Through his experiences as a laborer House and Senate, and ‘‘C Reg’’ denotes the an employing office, as defined by Sec. and migrant worker in the fields of the provisions that would be included in the reg- 101(9)(A–C) of the CAA, 2 U.S.C. § 1301 (9)(A–C) southwest United States, he recognized ulations to be made applicable to other em- or; (3) whose appointment is made by a com- a need for change; change that would ploying offices. mittee or subcommittee of either House of PART 1—Extension of Rights and Protec- Congress or a joint committee of the House bring social and economic equality to tions Relating to Veterans’ Preference Under of Representatives and the Senate; (4) who is those who tilled America’s soil and Title 5, United States Code, to Covered Em- appointed pursuant to 2 U.S.C. § 43d(a); or (5) harvested America’s crops. The exploi- ployees of the Legislative Branch (section who is appointed to a position, the duties of tation and discrimination experienced 4(c) of the Veterans Employment Opportuni- which are equivalent to those of a Senior Ex- and observed by Mr. Cha´ vez energized ties Act of 1998) ecutive Service position (within the meaning his courageous fight for fair and equal Subpart A—Matters of General Applicability of section 3132(a)(2) of title 5, United States treatment for his hardworking col- to All Regulations Promulgated under Sec- Code). Accordingly, these regulations shall leagues of all backgrounds. tion 4 of the VEOA not apply to any employing office that only As a member of the U.S. Navy he Sec. employs individuals excluded from the defi- served in the western Pacific during 1.101 Purpose and scope. nition of covered employee. 1.102 Definitions. C Reg: (c) Scope of Regulations. The defi- the end of World War II to protect the nition of ‘‘covered employee’’ in Section 4(c) freedoms that he often did not enjoy. 1.103 Adoption of regulations. 1.104 Coordination with section 225 of the of the VEOA limits the scope of the statute’s He demonstrated his dedication to two Congressional Accountability applicability within the Legislative branch. great values—community and compas- Act. The term ‘‘covered employee’’ excludes any sion—by building a powerful coalition SEC. 1.101. PURPOSE AND SCOPE. employee: (1) whose appointment is made by of grass roots organizations and inspir- (a) Section 4(c) of the VEOA. The Veterans the President with the advice and consent of ing individuals of all backgrounds to Employment Opportunities Act (VEOA) ap- the Senate; (2) whose appointment is made join a campaign for social equality. plies the rights and protections of sections by a Member of Congress or by a committee Ce´sar Cha´ vez is not only an icon for 2108, 3309 through 3312, and subchapter I of or subcommittee of either House of Congress Mexican-American communities across chapter 35 of title 5 U.S.C., to certain cov- or a joint committee of the House of Rep- resentatives and the Senate; or (3) who is ap- this great country, but also an Amer- ered employees within the Legislative branch. pointed to a position, the duties of which are ican icon for all those who have felt equivalent to those of a Senior Executive the pain of injustice and for those who (b) Purpose of regulations. The regulations set forth herein are the substantive regula- Service position (within the meaning of sec- recognize the continuing need to allow tions that the Board of Directors of the Of- tion 3132(a)(2) of title 5, United States Code). equal access to the resources of our fice of Compliance has promulgated pursuant Accordingly, these regulations shall not great Nation. His tireless efforts to to section 4(c)(4) of the VEOA, in accordance apply to any employing office that only em- help bring our country closer to its with the rulemaking procedure set forth in ploys individuals excluded from the defini- ideals of freedom and equality of op- section 304 of the CAA (2 U.S.C. § 1384). The tion of covered employee. portunity shall be recognized today as purpose of subparts B, C and D of these regu- SEC. 1.102. DEFINITIONS. they were when he posthumously re- lations is to define veterans’ preference and Except as otherwise provided in these regu- ceived the Presidential Medal of Free- the administration of veterans’ preference as lations, as used in these regulations: applicable to Federal employment in the (a) Accredited physician means a doctor of dom. His legacy inspires hope, action, Legislative branch. (5 U.S.C. § 2108, as applied medicine or osteopathy who is authorized to and prosperity for those who are often by the VEOA). The purpose of subpart E of practice medicine or surgery (as appropriate) burdened by marginalization and dis- these regulations is to ensure that the prin- by the State in which the doctor practices. crimination. Our society owes grati- ciples of the veterans’ preference laws are in- The phrase ‘‘authorized to practice by the tude to the indelible mark that Mr. tegrated into the existing employment and State’’ as used in this section means that the Cha´ vez has left on our Nation. retention policies and processes of those em- provider must be authorized to diagnose and I appreciate the Clark County Com- ploying offices with employees covered by treat physical or mental health conditions mission for commemorating the legacy the VEOA, and to provide for transparency without supervision by a doctor or other of a giant in our Nation’s labor move- in the application of veterans’ preference in health care provider. ment by declaring March 31, 2008, as covered appointment and retention deci- (b) Act or CAA means the Congressional ´ ´ sions. Provided, nothing in these regulations Accountability Act of 1995, as amended (Pub. Cesar Chavez Day. I join the Commis- shall be construed so as to require an em- L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301–1438). sion, and many throughout Nevada, in ploying office to reduce any existing vet- (c) Active duty or active military duty honoring Mr. Cha´ vez’s visionary lead- erans’ preference rights and protections that means full-time duty with military pay and ership. We must continue to recognize it may afford to preference eligible individ- allowances in the armed forces, except (1) for the value in Ce´sar Cha´ vez’s legacy, uals. training or for determining physical fitness which has become a symbol of dignity H Regs: (c) Scope of Regulations. The def- and (2) for service in the Reserves or Na- and perseverance for all workers, inition of ‘‘covered employee’’ in Section 4(c) tional Guard. whether in the fields, in the factories, of the VEOA limits the scope of the statute’s (d) Appointment means an individual’s ap- or behind the counter. applicability within the Legislative branch. pointment to employment in a covered posi- The term ‘‘covered employee’’ excludes any tion, but does not include any personnel ac- f employee: (1) whose appointment is made by tion that an employing office takes with re- VETERANS EMPLOYMENT the President with the advice and consent of gard to an existing employee of the employ- OPPORTUNITIES REGULATIONS the Senate; (2) whose appointment is made ing office. by a Member of Congress within an employ- (e) Armed forces means the United States Mr. BYRD. Mr. President, I ask unan- ing office, as defined by Sec. 101 (9)(A–C) of Army, Navy, Air Force, Marine Corps, and imous consent that the attached from the CAA, 2 U.S.C. § 1301 (9)(A–C) or; (3) whose Coast Guard. the Office of Compliance be printed in appointment is made by a committee or sub- (f) Board means the Board of Directors of the RECORD today pursuant to section committee of either House of Congress or a the Office of Compliance. 304(b)(3) of the Congressional Account- joint committee of the House of Representa- H Regs: (g) Covered employee means any ability Act of 1995 (2 U.S.C. 1384(b)(3)). tives and the Senate; (4) who is appointed to employee of (1) the House of Representatives; There being no objection, the mate- a position, the duties of which are equivalent and (2) the Senate; (3) the Capitol Guide to those of a Senior Executive Service posi- Board; (4) the Capitol Police Board; (5) the rial was ordered to be printed in the tion (within the meaning of section 3132(a)(2) Congressional Budget Office; (6) the Office of RECORD, as follows: of title 5, United States Code). Accordingly, the Architect of the Capitol; (7) the Office of TEXT OF ADOPTED VETERANS’ EMPLOYMENT these regulations shall not apply to any em- the Attending Physician; and (8) the Office of OPPORTUNITIES REGULATIONS ploying office that only employs individuals Compliance, but does not include an em- When approved by the House of Represent- excluded from the definition of covered em- ployee (aa) whose appointment is made by atives for the House of Representatives, ployee. the President with the advice and consent of

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.014 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2222 CONGRESSIONAL RECORD — SENATE March 31, 2008 the Senate; (bb) whose appointment is made (g) above nor any individual described in The regulations issued by the Board herein by a Member of Congress; (cc) whose appoint- subparagraphs (aa) through (dd) of paragraph are on all matters for which section ment is made by a committee or sub- (g) above. 4(c)(4)(B) of the VEOA requires a regulation committee of either House of Congress or a (m) Employee of the Senate includes any to be issued. Specifically, it is the Board’s joint committee of the House of Representa- employee whose pay is disbursed by the Sec- considered judgment based on the informa- tives and the Senate; or (dd) who is ap- retary of the Senate, but not any such indi- tion available to it at the time of promulga- pointed to a position, the duties of which are vidual employed by any entity listed in sub- tion of these regulations, that, with the ex- equivalent to those of a Senior Executive paragraphs (3) through (8) of paragraph (g) ception of the regulations adopted and set Service position (within the meaning of sec- above nor any individual described in sub- forth herein, there are no other ‘‘substantive tion 3132(a)(2) of title 5, United States Code). paragraphs (aa) through (ee) of paragraph (g) regulations (applicable with respect to the The term covered employee includes an ap- above. Executive branch) promulgated to imple- plicant for employment in a covered position H Regs: (n) Employing office means: (1) ment the statutory provisions referred to in and a former covered employee. the personal office of a Member of the House paragraph (2)’’ of section 4(c) of the VEOA S. Regs: (g) Covered employee means any of Representatives; (2) a committee of the that need be adopted. employees of (1) the House of Representa- House of Representatives or a joint com- (b) Modification of substantive regula- tives; and (2) the Senate; (3) the Capitol mittee of the House of Representatives and tions. As a qualification to the statutory ob- Guide Board; (4) the Capitol Police Board; (5) the Senate; or (3) any other office headed by ligation to issue regulations that are ‘‘the the Congressional Budget Office; (6) the Of- a person with the final authority to appoint, same as the most substantive regulations fice of the Architect of the Capitol; (7) the hire, discharge, and set the terms, condi- (applicable with respect to the Executive Office of the Attending Physician; and (8) the tions, or privileges of the employment of an branch)’’, section 4(c)(4)(B) of the VEOA au- Office of Compliance, but does not include an employee of the House of Representatives or thorizes the Board to ‘‘determine, for good employee (aa) whose appointment is made by the Senate. cause shown and stated together with the the President with the advice and consent of S Regs: (n) Employing office means: (1) regulation, that a modification of such regu- the Senate; (bb) whose appointment is made the personal office of a Senator; (2) a com- lations would be more effective for the im- or directed by a Member of Congress; (cc) mittee of the Senate or a joint committee of plementation of the rights and protections whose appointment is made by a committee the House of Representatives and the Senate; under’’ section 4(c) of the VEOA. or subcommittee of either House of Congress or (3) any other office headed by a person (c) Rationale for Departure from the Most or a joint committee of the House of Rep- with the final authority to appoint, or be di- Relevant Executive Branch Regulations. The resentatives and the Senate; (dd) who is ap- rected by a Member of Congress to appoint, Board concludes that it must promulgate pointed pursuant to 2 U.S.C. § 43d(a); or (ee) hire, discharge, and set the terms, condi- regulations accommodating the human re- who is appointed to a position, the duties of tions, or privileges of the employment of an source systems existing in the Legislative which are equivalent to those of a Senior Ex- employee of the House of Representatives or branch; and that such regulations must take ecutive Service position (within the meaning the Senate. into account the fact that the Board does not of section 3132(a)(2) of title 5, United States C Reg: (n) Employing office means: the possess the statutory and Executive Order Code). The term covered employee includes Capitol Guide Board, the Capitol Police based government-wide policy making au- an applicant for employment in a covered Board, the Congressional Budget Office, the thority underlying OPM’s counterpart VEOA position and a former covered employee. Office of the Architect of the Capitol, the Of- regulations governing the Executive branch. C Reg: (g) Covered employee means any fice of the Attending Physician, and the Of- OPM’s regulations are designed for the com- employee of (1) the Capitol Guide Service; (2) fice of Compliance. petitive service (defined in 5 U.S.C. the Capitol Police; (3) the Congressional (o) Office means the Office of Compliance. § 2102(a)(2)), which does not exist in the em- Budget Office; (4) the Office of the Architect (p) Preference eligible means veterans, ploying offices subject to this regulation. of the Capitol; (5) the Office of the Attending spouses, widows, widowers or mothers who Therefore, to follow the OPM regulations Physician; or (6) the Office of Compliance, meet the definition of ‘‘preference eligible’’ would create detailed and complex rules and but does not include an employee: (aa) whose in 5 U.S.C. § 2108(3)(A)–(G). procedures for a workforce that does not appointment is made by the President with (q) Qualified applicant means an applicant exist in the Legislative branch, while pro- the advice and consent of the Senate; or (bb) for a covered position whom an employing viding no VEOA protections to the covered whose appointment is made by a Member of office deems to satisfy the requisite min- Legislative branch employees. We have cho- Congress or by a committee or sub- imum job-related requirements of the posi- sen to propose specially tailored regulations, committee of either House of Congress or a tion. Where the employing office uses an en- rather than simply to adopt those promul- joint committee of the House of Representa- trance examination or evaluation for a cov- gated by OPM, so that we may effectuate tives and the Senate; or (cc) who is ap- ered position that is numerically scored, the Congress’ intent in extending the principles pointed to a position, the duties of which are term ‘‘qualified applicant’’ shall mean that of the veterans’ preference laws to the Legis- equivalent to those of a Senior Executive the applicant has received a passing score on lative branch through the VEOA. Service position (within the meaning of sec- the examination or evaluation. SEC. 1.104. COORDINATION WITH SECTION 225 OF tion 3132(a)(2) of title 5, United States Code). (r) Separated under honorable conditions THE CONGRESSIONAL ACCOUNT- The term covered employee includes an ap- means either an honorable or a general dis- ABILITY ACT. plicant for employment in a covered position charge from the armed forces. The Depart- Statutory directive. Section 4(c)(4)(C) of and a former covered employee. ment of Defense is responsible for admin- the VEOA requires that promulgated regula- (h) Covered position means any position istering and defining military discharges. tions must be consistent with section 225 of that is or will be held by a covered employee. (s) Uniformed services means the armed the CAA. Among the relevant provisions of (i) Disabled veteran means a person who forces, the commissioned corps of the Public section 225 are subsection (f)(1), which pre- was separated under honorable conditions Health Service, and the commissioned corps scribes as a rule of construction that defini- from active duty in the armed forces per- of the National Oceanic and Atmospheric Ad- tions and exemptions in the laws made appli- formed at any time and who has established ministration. cable by the CAA shall apply under the CAA, the present existence of a service-connected (t) VEOA means the Veterans Employment and subsection (f)(3), which states that the disability or is receiving compensation, dis- Opportunities Act of 1998 (Pub. L. 105–339, 112 CAA shall not be considered to authorize en- ability retirement benefits, or pensions be- Stat. 3182). forcement of the CAA by the Executive cause of a public statute administered by the (u) Veterans means persons as defined in 5 branch. Department of Veterans Affairs or a military U.S.C. § 2108(1), or any superseding legisla- Subpart B—Veterans’ Preference—General department. tion. (j) Employee of the Office of the Architect Provisions of the Capitol includes any employee of the SEC. 1.103. ADOPTION OF REGULATIONS. Sec. Office of the Architect of the Capitol, the Bo- (a) Adoption of regulations. Section 1.105 Responsibility for administration of tanic Gardens, or the Senate Restaurants. 4(c)(4)(A) of the VEOA generally authorizes veterans’ preference. (k) Employee of the Capitol Police Board the Board to issue regulations to implement 1.106 Procedures for bringing claims under includes any member or officer of the Cap- section 4(c). In addition, section 4(c)(4)(A) of the VEOA. itol Police. the VEOA generally authorizes the Board to SEC. 1.105. RESPONSIBILITY FOR ADMINISTRA- (l) Employee of the House of Representa- issue regulations to implement section 4(c). TION OF VETERANS’ PREFERENCE. tives includes an individual occupying a po- In addition, section 4(c)(4)(B) of the VEOA Subject to section 1.106, employing offices sition the pay of which is disbursed by the directs the Board to promulgate regulations with covered employees or covered positions Clerk of the House of Representatives, or an- that are ‘‘the same as the most relevant sub- are responsible for making all veterans’ pref- other official designated by the House of stantive regulations (applicable with respect erence determinations, consistent with the Representatives, or any employment posi- to the Executive branch) promulgated to im- VEOA. tion in an entity that is paid with funds de- plement the statutory provisions referred to SEC. 1.106. PROCEDURES FOR BRINGING CLAIMS rived from the clerk-hire allowance of the in paragraph (2)’’ of section 4(c) of the VEOA. UNDER THE VEOA. House of Representatives but not any such Those statutory provisions are section 2108, Applicants for appointment to a covered individual employed by any entity listed in sections 3309 through 3312, and subchapter I position and covered employees may contest subparagraphs (3) through (8) of paragraph of chapter 35, of title 5, United States Code. adverse veterans’ preference determinations,

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.035 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2223 including any determination that a pref- (b) In all other situations involving ap- applicant. When the employing office has erence eligible applicant is not a qualified pointment to a covered position, employing completed its review of the proposed dis- applicant, pursuant to sections 401–416 of the offices shall consider veterans’ preference qualification on the basis of physical dis- CAA, 2 U.S.C. §§ 1401–1416, and provisions of eligibility as an affirmative factor that is ability, it shall send its findings to the pref- law referred to therein; 206a(3) of the CAA, 2 given weight in a manner that is proportion- erence eligible applicant. U.S.C. §§ 1401, 1316a(3); and the Office’s Proce- ately comparable to the points prescribed in (c) Nothing in this section shall relieve an dural Rules. 5 U.S.C. § 3309 in the employing office’s deter- employing office of any obligations it may Subpart C—Veterans’ Preference in mination of who will be appointed from have pursuant to the Americans with Dis- Appointments among qualified applicants. abilities Act (42 U.S.C. § 12101 et seq.) as ap- Sec. SEC. 1.109. CREDITING EXPERIENCE IN APPOINT- plied by section 102(a)(3) of the Act, 2 U.S.C. 1.107 Veterans’ preference in appointments to MENTS TO COVERED POSITIONS. § 1302(a)(3). restricted covered positions. When considering applicants for covered Subpart D—Veterans’ preference in 1.108 Veterans’ preference in appointments to positions in which experience is an element reductions in force non-restricted covered posi- of qualification, employing offices shall pro- Sec. tions. vide preference eligible applicants with cred- 1.111. Definitions applicable in reductions in 1.109 Crediting experience in appointments to it: force. covered positions. (a) for time spent in the military service 1.112. Application of preference in reductions 1.110 Waiver of physical requirements in ap- (1) as an extension of time spent in the posi- in force. pointments to covered posi- tion in which the applicant was employed 1.113. Crediting experience in reductions in tions. immediately before his/her entrance into the force. SEC. 1.107. VETERANS’ PREFERENCE IN APPOINT- military service, or (2) on the basis of actual 1.114. Waiver of physical requirements in re- MENTS TO RESTRICTED POSITIONS. duties performed in the military service, or ductions in force. In each appointment action for the posi- (3) as a combination of both methods. Em- 1.115. Transfer of functions. tions of custodian, elevator operator, guard, ploying offices shall credit time spent in the SEC. 1.111. DEFINITIONS APPLICABLE IN REDUC- and messenger (as defined below and collec- military service according to the method TIONS IN FORCE. tively referred to in these regulations as re- that will be of most benefit to the preference (a) Competing covered employees are the stricted covered positions) employing offices eligible applicant. covered employees within a particular posi- shall restrict competition to preference eli- (b) for all experience material to the posi- tion or job classification, at or within a par- gible applicants as long as qualified pref- tion for which the applicant is being consid- ticular competitive area, as those terms are erence eligible applicants are available. The ered, including experience gained in reli- defined below. provisions of sections 1.109 and 1.110 below gious, civic, welfare, service, and organiza- (b) Competitive area is that portion of the shall apply to the appointment of a pref- tional activities, regardless of whether he/ employing office’s organizational structure, erence eligible applicant to a restricted cov- she received pay therefor. as determined by the employing office, in ered position. The provisions of section 1.108 SEC. 1.110. WAIVER OF PHYSICAL REQUIREMENTS which covered employees compete for reten- shall apply to the appointment of a pref- IN APPOINTMENTS TO COVERED PO- tion. A competitive area must be defined erence eligible applicant to a restricted cov- SITIONS. solely in terms of the employing office’s or- ered position, in the event that there is more (a) Subject to (c) below, in determining ganizational unit(s) and geographical loca- than one preference eligible applicant for the qualifications of a preference eligible for ap- tion, and it must include all employees with- position. pointment, an employing office shall waive: in the competitive area so defined. A com- (1) with respect to a preference eligible ap- Custodian—One whose primary duty is the petitive area may consist of all or part of an plicant, requirements as to age, height, and performance of cleaning or other ordinary employing office. The minimum competitive weight, unless the requirement is essential routine maintenance duties in or about a area is a department or subdivision of the to the performance of the duties of the posi- government building or a building under employing office within the local commuting tion; and Federal control, park, monument, or other area. (2) with respect to a preference eligible ap- Federal reservation. (c) Position classifications or job classi- plicant to whom it has made a conditional Elevator operator—One whose primary fications are determined by the employing offer of employment, physical requirements duty is the running of freight or passenger office, and shall refer to all covered positions if, in the opinion of the employing office, on elevators. The work includes opening and within a competitive area that are in the the basis of evidence before it, including any closing elevator gates and doors, working el- same grade, occupational level or classifica- recommendation of an accredited physician evator controls, loading and unloading the tion, and which are similar enough in duties, submitted by the preference eligible appli- elevator, giving information and directions qualification requirements, pay schedules, cant, the preference eligible applicant is to passengers such as on the location of of- tenure (type of appointment) and working physically able to perform efficiently the du- fices, and reporting problems in running the conditions so that an employing office may elevator. ties of the position; (b) Subject to (c) below, if an employing of- reassign the incumbent of one position to Guard—One whose primary duty is the as- any of the other positions in the position signment to a station, beat, or patrol area in fice determines, on the basis of evidence be- fore it, including any recommendation of an classification without undue interruption. a Federal building or a building under Fed- (d) Preference Eligibles. For the purpose of accredited physician submitted by the pref- eral control to prevent illegal entry of per- applying veterans’ preference in reductions erence eligible applicant, that an applicant sons or property; or required to stand watch in force, except with respect to the applica- to whom it has made a conditional offer of at or to patrol a Federal reservation, indus- tion of section 1.114 of these regulations re- employment is preference eligible as a dis- trial area, or other area designated by Fed- garding the waiver of physical requirements, abled veteran as described in 5 U.S.C. eral authority, in order to protect life and the following shall apply: § 2108(3)(c) and who has a compensable serv- property; make observations for detection of (1) ‘‘active service’’ has the meaning given ice-connected disability of 30 percent or fire, trespass, unauthorized removal of public it by section 101 of title 37; property or hazards to Federal personnel or more is not able to fulfill the physical re- (2) ‘‘a retired member of a uniformed serv- property. The term guard does not include quirements of the covered position, the em- ice’’ means a member or former member of a law enforcement officer positions of the Cap- ploying office shall notify the preference eli- uniformed service who is entitled, under itol Police Board. gible applicant of the reasons for the deter- statute, to retired, retirement, or retainer Messenger—One whose primary duty is the mination and of the right to respond and to pay on account of his/her service as such a supervision or performance of general mes- submit additional information to the em- member; and senger work (such as running errands, deliv- ploying office, within 15 days of the date of (3) a preference eligible covered employee ering messages, and answering call bells). the notification. The director of the employ- who is a retired member of a uniformed serv- SEC. 1.108. VETERANS’ PREFERENCE IN APPOINT- ing office may, by providing written notice ice is considered a preference eligible only if MENTS TO NON-RESTRICTED COV- to the preference eligible applicant, shorten (A) his/her retirement was based on dis- ERED POSITIONS. the period for submitting a response with re- ability— (a) Where an employing office has duly spect to an appointment to a particular cov- (i) resulting from injury or disease re- adopted a policy requiring the numerical ered position, if necessary because of a need ceived in line of duty as a direct result of scoring or rating of applicants for covered to fill the covered position immediately. armed conflict; or positions, the employing office shall add Should the preference eligible applicant (ii) caused by an instrumentality of war points to the earned ratings of those pref- make a timely response, the highest ranking and incurred in the line of duty during a pe- erence eligible applicants who receive pass- individual or group of individuals with au- riod of war as defined by sections 101 and 1101 ing scores in an entrance examination, in a thority to make employment decisions on of title 38; manner that is proportionately comparable behalf of the employing office shall render a (B) his/her service does not include twenty to the points prescribed in 5 U.S.C. § 3309. For final determination of the physical ability of or more years of full-time active service, re- example, five preference points shall be the preference eligible applicant to perform gardless of when performed but not including granted to preference eligible applicants in a the duties of the position, taking into ac- periods of active duty for training; or 100-point system, one point shall be granted count the response and any additional infor- (C) on November 30, 1964, he/she was em- in a 20-point system, and so on. mation provided by the preference eligible ployed in a position to which this subchapter

VerDate Aug 31 2005 03:56 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.037 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2224 CONGRESSIONAL RECORD — SENATE March 31, 2008 applies and thereafter he/she continued to be et seq.) as applied by section 102(a)(9) of the its findings to the preference eligible covered so employed without a break in service of CAA, 2 U.S.C. § 1302(a)(9). employee. more than 30 days. SEC. 1.113. CREDITING EXPERIENCE IN REDUC- (c) Nothing in this section shall relieve an The definition of ‘‘preference eligible’’ as TIONS IN FORCE. employing office of any obligation it may set forth in 5 U.S.C § 2108 and section 1.102(o) In computing length of service in connec- have pursuant to the Americans with Dis- of these regulations shall apply to waivers of tion with a reduction in force, the employing abilities Act (42 U.S.C. § 12101 et seq.) as ap- physical requirements in determining an em- office shall provide credit to preference eligi- plied by section 102(a)(3) of the CAA, 2 U.S.C. ployee’s qualifications for retention under ble covered employees as follows: § 1302(a)(3). section 1.114 of these regulations. (a) a preference eligible covered employee SEC. 1.115. TRANSFER OF FUNCTIONS. H&S Regs: (e) Reduction in force is any who is not a retired member of a uniformed (a) When a function is transferred from one termination of a covered employee’s employ- service is entitled to credit for the total employing office to another employing of- ment or the reduction in pay and/or position length of time in active service in the armed fice, each covered employee in the affected grade of a covered employee for more than 30 forces; position classifications or job classifications days and that may be required for budgetary (b) a preference eligible covered employee in the function that is to be transferred shall or workload reasons, changes resulting from who is a retired member of a uniformed serv- be transferred to the receiving employing of- reorganization, or the need to make room for ice is entitled to credit for: fice for employment in a covered position for an employee with reemployment or restora- (1) the length of time in active service in which he/she is qualified before the receiving tion rights. The term ‘‘reduction in force’’ the armed forces during a war, or in a cam- employing office may make an appointment does not encompass a termination or other paign or expedition for which a campaign from another source to that position. personnel action: (1) predicated upon per- badge has been authorized; or (b) When one employing office is replaced formance, conduct or other grounds attrib- (2) the total length of time in active serv- by another employing office, each covered utable to an employee, or (2) involving an employee in the affected position classifica- employee who is employed by the employing ice in the armed forces if he is included tions or job classifications in the employing office on a temporary basis, or (3) attrib- under 5 U.S.C. § 3501(a)(3)(A), (B), or (C); and office to be replaced shall be transferred to utable to a change in party leadership or ma- (c) a preference eligible covered employee the replacing employing office for employ- jority party status within the House of Con- is entitled to credit for: ment in a covered position for which he/she gress where the employee is employed. (1) service rendered as an employee of a C Reg: (e) Reduction in force is any ter- county committee established pursuant to is qualified before the replacing employing mination of a covered employee’s employ- section 8(b) of the Soil Conservation and Al- office may make an appointment from an- ment or the reduction in pay and/or position lotment Act or of a committee or association other source to that position. grade of a covered employee for more than 30 of producers described in section 10(b) of the Subpart E—Adoption of Veterans’ preference days and that may be required for budgetary Agricultural Adjustment Act; and policies, recordkeeping & informational re- or workload reasons, changes resulting from (2) service rendered as an employee de- quirements. reorganization, or the need to make room for scribed in 5 U.S.C. § 2105(c) if such employee Sec. an employee with reemployment or restora- moves or has moved, on or after January 1, 1.116. Adoption of veterans’ preference pol- tion rights. The term ‘‘reduction in force’’ 1966, without a break in service of more than icy. does not encompass a termination or other 3 days, from a position in a nonappropriated 1.117. Preservation of records made or kept. personnel action: (1) predicated upon per- fund instrumentality of the Department of 1.118. Dissemination of veterans’ preference formance, conduct or other grounds attrib- Defense or the Coast Guard to a position in policies to applicants for cov- utable to an employee, or (2) involving an the Department of Defense or the Coast ered positions. employee who is employed by the employing Guard, respectively, that is not described in 1.119. Information regarding veterans’ pref- office on a temporary basis. 5 U.S.C. § 2105(c). erence determinations in ap- (f) Undue interruption is a degree of inter- SEC. 1.114. WAIVER OF PHYSICAL REQUIREMENTS pointments. ruption that would prevent the completion IN REDUCTIONS IN FORCE. 1.120. Dissemination of veterans’ preference of required work by a covered employee 90 (a) If an employing office determines, on policies to covered employees. days after the employee has been placed in a the basis of evidence before it, that a covered 1.121. Written notice prior to a reduction in different position under this part. The 90-day employee is preference eligible, the employ- force. standard should be considered within the al- ing office shall waive, in determining the SEC. 1.116. ADOPTION OF VETERANS’ PREF- lowable limits of time and quality, taking covered employee’s retention status in a re- ERENCE POLICY. into account the pressures of priorities, duction in force: No later than 120 calendar days following deadlines, and other demands. However, (1) requirements as to age, height, and Congressional approval of this regulation, work generally would not be considered to be weight, unless the requirement is essential each employing office that employs one or unduly interrupted if a covered employee to the performance of the duties of the posi- more covered employees or that seeks appli- needs more than 90 days after the reduction tion; and cants for a covered position shall adopt its in force to perform the optimum quality or (2) physical requirements if, in the opinion written policy specifying how it has inte- quantity of work. The 90-day standard may of the employing office, on the basis of evi- grated the veterans’ preference requirements be extended if placement is made under this dence before it, including any recommenda- of the Veterans Employment Opportunities part to a program accorded low priority by tion of an accredited physician submitted by Act of 1998 and these regulations into its em- the employing office, or to a vacant position. the employee, the preference eligible covered ployment and retention processes. Upon SEC. 1.112. APPLICATION OF PREFERENCE IN RE- employee is physically able to perform effi- timely request and the demonstration of DUCTIONS IN FORCE. ciently the duties of the position. good cause, the Executive Director, in his/ Prior to carrying out a reduction in force (b) If an employing office determines that her discretion, may grant such an employing that will affect covered employees, employ- a covered employee who is a preference eligi- office additional time for preparing its pol- ing offices shall determine which, if any, ble as a disabled veteran as described in 5 icy. Each such employing office will make covered employees within a particular group U.S.C. § 2108(3)(c) and has a compensable its policies available to applicants for ap- of competing covered employees are entitled service-connected disability of 30 percent or pointment to a covered position and to cov- to veterans’ preference eligibility status in more is not able to fulfill the physical re- ered employees in accordance with these reg- accordance with these regulations. In deter- quirements of the covered position, the em- ulations. The act of adopting a veterans’ mining which covered employees will be re- ploying office shall notify the preference eli- preference policy shall not relieve any em- tained, employing offices will treat veterans’ gible covered employee of the reasons for the ploying office of any other responsibility or preference as the controlling factor in reten- determination and of the right to respond requirement of the Veterans Employment tion decisions among such competing cov- and to submit additional information to the Opportunity Act of 1998 or these regulations. ered employees, regardless of length of serv- employing office within 15 days of the date of An employing office may amend or replace ice or performance, provided that the pref- the notification. Should the preference eligi- its veterans’ preference policies as it deems erence eligible employee’s performance has ble covered employee make a timely re- necessary or appropriate, so long as the re- not been determined to be unacceptable. sponse, the highest ranking individual or sulting policies are consistent with the Provided, a preference eligible employee who group of individuals with authority to make VEOA and these regulations. is a ‘‘disabled veteran’’ under section 1.102(h) employment decisions on behalf of the em- SEC. 1.117. PRESERVATION OF RECORDS MADE above who has a compensable service-con- ploying office, shall render a final deter- OR KEPT. nected disability of 30 percent or more and mination of the physical ability of the pref- An employing office that employs one or whose performance has not been determined erence eligible covered employee to perform more covered employees or that seeks appli- to be unacceptable by an employing office is the duties of the covered position, taking cants for a covered position shall maintain entitled to be retained in preference to other into account the evidence before it, includ- any records relating to the application of its preference eligible employees. Provided, this ing the response and any additional informa- veterans’ preference policy to applicants for section does not relieve an employing office tion provided by the preference eligible. covered positions and to workforce adjust- of any greater obligation it may be subject When the employing office has completed its ment decisions affecting covered employees to pursuant to the Worker Adjustment and review of the proposed disqualification on for a period of at least one year from the Retraining Notification Act (29 U.S.C. § 2101 the basis of physical disability, it shall send date of the making of the record or the date

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.039 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2225 of the personnel action involved or, if later, the employing office’s veterans’ preference (2) the effective date of the action; one year from the date on which the appli- policy as it relates to appointments to cov- (3) a description of the procedures applica- cant or covered employee is notified of the ered positions, including any procedures the ble in identifying employees for release; personnel action. Where a claim has been employing office shall use to identify pref- (4) the covered employee’s competitive brought under section 401 of the CAA against erence eligible employees; area; an employing office under the VEOA, the re- (3) the employing office may provide other (5) the covered employee’s eligibility for spondent employing office shall preserve all information to applicants regarding its vet- veterans’ preference in retention and how personnel records relevant to the claim until erans’ preference policies and practices, but that preference eligibility was determined; final disposition of the claim. The term ‘‘per- is not required to do so by these regulations. (6) the retention status and preference eli- sonnel records relevant to the claim’’, for ex- (d) Employing offices are also expected to gibility of the other employees in the af- ample, would include records relating to the answer questions from applicants for covered fected position classifications or job classi- veterans’ preference determination regard- positions that are relevant and non-confiden- fications within the covered employee’s com- ing the person bringing the claim and tial concerning the employing office’s vet- petitive area, by providing: records relating to any veterans’ preference erans’ preference policies and practices. (A) a list of all covered employee(s) in the covered employee’s position classification or determinations regarding other applicants SEC. 1.119. INFORMATION REGARDING VET- for the covered position the person sought, ERANS’ PREFERENCE DETERMINA- job classification and competitive area who or records relating to the veterans’ pref- TIONS IN APPOINTMENTS. will be retained by the employing office, erence determinations regarding other cov- Upon written request by an applicant for a identifying those employees by job title only ered employees in the person’s position or covered position, the employing office shall and stating whether each such employee is job classification. The date of final disposi- promptly provide a written explanation of preference eligible, and tion of the charge or the action means the the manner in which veterans’ preference (B) a list of all covered employee(s) in the latest of the date of expiration of the statu- was applied in the employing office’s ap- covered employee’s position classification or tory period within which the aggrieved per- pointment decision regarding that applicant. job classification and competitive area who son may file a complaint with the Office or Such explanation shall include at a min- will not be retained by the employing office, in a U.S. District Court or, where an action imum: identifying those employees by job title only is brought against an employing office by (a) the employing office’s veterans’ pref- and stating whether each such employee is the aggrieved person, the date on which such erence policy or a summary description of preference eligible. litigation is terminated. the employing office’s veterans’ preference (7) a description of any appeal or other rights which may be available. SEC. 1.118. DISSEMINATION OF VETERANS’ PREF- policy as it relates to appointments to cov- (c) The director of the employing office ERENCE POLICIES TO APPLICANTS ered positions; and may, in writing, shorten the period of ad- FOR COVERED POSITIONS. (b) a statement as to whether the applicant vance notice required under subsection (a), (a) An employing office shall state in any is preference eligible and, if not, a brief with respect to a particular reduction in announcements and advertisements it makes statement of the reasons for the employing force, if necessary because of circumstances concerning vacancies in covered positions office’s determination that the applicant is not reasonably foreseeable. that the staffing action is governed by the not preference eligible. VEOA. (d) No notice period may be shortened to SEC. 1.120. DISSEMINATION OF VETERANS’ PREF- less than 30 days under this subsection. (b) An employing office shall invite appli- ERENCE POLICIES TO COVERED EM- cants for a covered position to identify PLOYEES. f themselves as veterans’ preference eligible (a) If an employing office that employs one applicants, provided that in doing so: REMEMBERING SENATOR HOWARD or more covered employees provides any METZENBAUM (1) the employing office shall state clearly written guidance to such employees con- on any written application or questionnaire cerning employee rights generally or reduc- Mr. VOINOVICH. Mr. President, I used for this purpose or make clear orally, if tions in force more specifically, such as in a rise to pay tribute to one of the giants a written application or questionnaire is not written employee policy, manual or hand- used, that the requested information is in- in Ohio history, Senator Howard book, such guidance must include informa- tended for use solely in connection with the Metzenbaum. On March 12, Ohio and tion concerning veterans’ preference under employing office’s obligations and efforts to our Nation lost a public servant who the VEOA, as set forth in subsection (b) of provide veterans’ preference to preference el- dedicated 19 years of his life to this in- this regulation. igible applicants in accordance with the (b) Written guidances described in sub- stitution and to defending and advo- VEOA; and section (a) above shall include, at a min- cating the principles and ideals he held (2) the employing office shall state clearly so passionately. that disabled veteran status is requested on imum: (1) the VEOA definition of veterans’ ‘‘pref- a voluntary basis, that it will be kept con- Though our political views differed, I erence eligible’’ as set forth in 5 U.S.C. § 2108 fidential in accordance with the Americans admired and respected Howard’s tena- or any superseding legislation, providing the with Disabilities Act (42 U.S.C. § 12101 et seq.) cious work for those things he felt as applied by section 102(a)(3) of the CAA, 2 actual, current definition along with the would make a difference for Ohio and U.S.C. § 1302(a)(3), that refusal to provide it statutory citation; (2) the employing office’s veterans’ pref- our country. One always knew where will not subject the individual to any ad- erence policy or a summary description of he stood. verse treatment except the possibility of an the employing office’s veterans’ preference Much has been said about how How- adverse determination regarding the individ- ard was a self-made man. He epito- ual’s status as a preference eligible applicant policy as it relates to reductions in force, in- as a disabled veteran under the VEOA, and cluding the procedures the employing office mized the nose-to-the-grindstone, Mid- that any information obtained in accordance shall take to identify preference eligible em- western work ethic. As a fellow Cleve- with this section concerning the medical ployees. lander, he grew up poor. But that did condition or history of an individual will be (3) the employing office may provide other not prevent Howard from seizing oppor- information in its guidances regarding its collected, maintained and used only in ac- tunities as they presented themselves. cordance with the Americans with Disabil- veterans’ preference policies and practices, but is not required to do so by these regula- And he seized those opportunities even ities Act (42 U.S.C. § 12101 et seq.) as applied as a young boy. Howard graduated by section 102(a)(3) of the CAA, 2 U.S.C. tions. § 1302(a)(3). (c) Employing offices are also expected to from the Ohio State University College (3) the employing office shall state clearly answer questions from covered employees of Law, working the entire time to put that applicants may request information that are relevant and non-confidential con- himself through school. about the employing office’s veterans’ pref- cerning the employing office’s veterans’ pref- As public servants for Ohio, Howard erence policies as they relate to appoint- erence policies and practices. and I were brought together on many ments to covered positions, and shall de- SEC. 1.121. WRITTEN NOTICE PRIOR TO A REDUC- issues and occasions. Many times we TION IN FORCE. scribe the employing office’s procedures for did not see eye to eye. However, there making such requests. (a) Except as provided under subsection (c), (c) Upon written request by an applicant a covered employee may not be released due were also times when we worked to- for a covered position, an employing office to a reduction in force, unless the covered gether. While I was Governor of Ohio, shall provide the following information in employee and the covered employee’s exclu- then-Senator Metzenbaum, Representa- writing: sive representative for collective-bargaining tive MARCY KAPTUR and I worked to- (1) the VEOA definition of veterans’ ‘‘pref- purposes (if any) are given written notice, in gether in a bipartisan fashion to plant erence eligible’’ as set forth in 5 U.S.C. § 2108 conformance with the requirements of para- the seed for the Veteran’s Glass City or any superseding legislation, providing the graph (b), at least 60 days before the covered Skyway bridge in Toledo, Ohio. actual, current definition in a manner de- employee is so released. signed to be understood by applicants, along (b) Any notice under paragraph (a) shall in- Through his leadership, we were able to with the statutory citation; clude— dedicate the bridge this past summer. (2) the employing office’s veterans’ pref- (1) the personnel action to be taken with Some of my colleagues today were erence policy or a summary description of respect to the covered employee involved; here for parts of Howard’s 19 years in

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.041 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2226 CONGRESSIONAL RECORD — SENATE March 31, 2008 the Senate. Those who were here and nomic justice and social justice poured The 310th was reactivated 1997, as the were on the opposite side of an issue forth from him. He would start on the 310th Space Group, and rapidly grew to quickly found out what a formidable podium, the first politician I saw do meet the Air Force Reserve’s expand- challenge and powerhouse he could be. this, and as he worked his way into the ing role in space operations. As the co- Howard did not go along to get along. speech, he would come from the po- chairman of the Congressional Space Howard did what he thought was right dium and he would walk into the audi- Power Caucus and a Coloradoan, I am and what he thought was in the best in- ence. People would always respond extremely proud of the 310th and all terests for the people he represented. with the same kind of passion and be who serve in it and congratulate them It was with respect for his service inspired by him. That is my clearest, on their success in becoming a wing.∑ and convictions that Howard was hon- favorite memory of him. f ored in 2005 by renaming the renovated His legislative record, of course, was TRIBUTE TO THE NORTHERN KEN- United States Courthouse in Cleveland so important too. One of the most im- TUCKY UNIVERSITY WOMEN’S the Howard M. Metzenbaum Court- portant things he did was the plant BASKETBALL TEAM house—a fitting tribute to a man who, closing legislation, giving a 60-day no- when he perceived an injustice, fought tice to workers who, too often, have ∑ Mr. BUNNING. Mr. President, I pay so hard to make a wrong right. Howard seen their jobs disappear with nothing tribute to the Northern Kentucky Uni- Metzenbaum made a difference. to show—pensions and more. He fought versity women’s basketball team. The Howard will be missed. His family, for people who had less privilege than Norse defeated the University of South including his wife Shirley and his four he did, and he always fought for oppor- Dakota 63 to 58 to capture the NCAA daughters, Shelly, Amy, Susan and tunity for people of both genders. That Division II Championship on March 29, Barbara, are in our prayers. is what he will be remembered for. 2008. ∑ Mr. BROWN. Mr. President, a great I particularly admire his family. This is the second time the Northern son of Ohio, Senator Howard Metzen- Howard was a great family man, a man Kentucky University women’s basket- baum passed away March 12, in Flor- who cared very much about Shirley, ball team has won the NCAA Division ida. He was personally inspirational to his wife, and four daughters, Shelly, II Championship. The last time the so many. He changed the lives of Ohio- Amy, Susan, and Barbara. He will be Norse reached the pinnacle of their ans. He changed the lives of so many greatly missed. He later became head sport was in the 1999 to 2000 season. Americans through his lifetime com- of the Consumer Federation of Amer- The citizens of Kentucky are proud mitment to public service. I am hon- ica, never giving up his passion for to have these national champs living ored to hold his seat in the Senate and fighting for ordinary people and being and learning in the Northern Kentucky I am honored to follow in his footsteps. a warrior for social and economic jus- community. Their example of hard Senate tradition dictates that many tice.∑ work and determination should be fol- Members of the Senate carve their f lowed by all in the Commonwealth. names in the desk drawers of the desks I congratulate the players for their that have been lining the rows of the ADDITIONAL STATEMENTS success in bringing another champion- Senate. Whoever has Senator Metzen- ship trophy to the campus of Northern baum’s desk can, with all of us, share Kentucky University. I also want to RECOGNIZING THE CREATION OF in the legacy of his greatness. congratulate their coaches, along with THE 310TH SPACE WING Senator Metzenbaum and Senator their peers, faculty, administrators, John Glenn, who served together for al- ∑ Mr. ALLARD. Mr. President, I rise and parents for their support and sac- most two decades, made an unparal- today to honor the 310th Space Wing, rifices they have made to help them leled team for Ohio. In the Senate, as which was officially activated on Fri- meet their achievements and dreams. Senator REID mentioned, Metzenbaum day, March 7, 2008. This newly created They all represent Kentucky honor- was a child of poverty. He was a child wing is comprised of 16 subordinate ably.∑ of prejudice growing up in the east side units located at Colorado’s Schriever f as a Jew and suffered both from his AFB, Peterson AFB, and Buckley AFB, family’s poverty and anti-Semitism, in as well as Vandenberg AFB, CA. This 20TH ANNIVERSARY OF THE MEY- all too many cases. He worked his way wing is an expansion of the 310th Space ERHOFF SCHOLARSHIP PROGRAM at a job, as a 10-year-old. He worked his Group, currently based at Schriever ∑ Mr. CARDIN. Mr. President, I wish to way through Ohio State. AFB in Colorado Springs, CO. recognize the 20th anniversary of the In the Senate, Senator Metzenbaum Over the last 15 years the out- Robert and Jane Meyerhoff Scholarship was a master of a constant presence in standing members of the 310th Space Program at the University of Maryland an often empty Chamber. Once, when a Group have played a critical role in Baltimore County, UMBC. 2-week filibuster was cut off, Metzen- space operations, providing unrivaled The Meyerhoff Scholarship Program baum was still determined to block ac- support in operating and defending our is among the most successful under- tion on lifting natural gas price con- space systems. This expansion is a tes- graduate diversity programs in our Na- trols. He and a partner sent the Senate tament to both their performance and tion, helping thousands of minority into round-the-clock sessions by de- mission, while also reinforcing my be- students reach their full potential in manding rollcall votes on 500 amend- lief that space is a vital component to mathematics, the sciences, and engi- ments. He didn’t care if he angered his fighting and winning our nation’s wars. neering fields. Since its inception, colleagues. He didn’t care if he was The 310th’s history dates back to Meyerhoff scholars number more than liked every day by his colleagues. What World War II when it began as the 800, with 557 graduates across the Na- he cared about is fighting for economic 310th Bombardment Group on March tion and 267 undergraduates and grad- justice and social justice for the 10 mil- 15, 1942. The unit flew B–25 ‘‘Mitchell’’ uate fellows enrolled at UMBC. lion citizens whom he represented and bombers in support of operations in Tu- More than two decades ago, UMBC for the 250 million Americans or so nisia, Sicily, Italy, Sardinia, France, president Dr. Freeman A. Hrabowski, a when he served in the Senate. Austria, and Yugoslavia. During those mathematician, author, and education According to the Washington Post, in campaigns, the 310th perfected ‘‘skip innovator, lamented that there were 1982, the Senator saved $10 million by bombing’’ techniques against bridges, few minorities in the sciences and that blocking special interest tax breaks airborne, and rail yard targets. Devel- the education pipeline did not suggest and porkbarrel programs. I remember oped to allow aviators to come into the that that situation would change. watching him. I served in the House, target area low and fast to avoid dead- Through the generosity and vision of the beginning of my House career and ly anti-aircraft fire, the bombs actu- Robert and Jane Meyerhoff, Dr. the end of his Senate career, and I ally ‘‘skipped’’ over the surface of the Hrabowski was able to establish the watched him as a younger elected offi- water in a manner similar to skipping Robert and Jane Meyerhoff Scholarship cial in State politics. He stood in front a stone and either bounced into the Program at UMBC. The program seeks of an audience; the energy just burst side of, or exploded over the target, and attracts top-notch minority high from him, and the fiery passion for eco- proving extremely effective. school students and is able to provide

VerDate Aug 31 2005 04:07 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.004 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2227 university educational expenses as well Following his graduation from Hartt Coordinating an outstanding profes- as a demanding academic program con- College of Music, Walter won an audi- sional faculty with a supportive admin- centrating in science, math, and engi- tion and was selected to become a istration and community, Walter has neering. The UMBC corporate commu- member of the U.S. Military Academy continuously modeled his passion and nity is able to use the talents of the Band at West Point, NY. During the belief that music is a lifelong endeavor students while providing internships, next 3 years he played sousaphone in that transcends, gender, age and eth- jobs, and research opportunities. the marching band and double bass in nicity. The Meyerhoff Scholarship Program the concert band and chamber orches- Throughout his professional life, Dr. has become a leading national model tra. While at West Point, Walter was a Pavasaris has positively impacted for diversifying America’s scientific member of the Hudson Valley Phil- many young music educators while and engineering workforce, preparing harmonic Orchestra. During this time, serving on the faculty of many institu- large numbers of African Americans he studied with New York Phil- tions within the greater Boston area, and others for careers in science, medi- harmonic double bassist Orin O’Brien. including the Boston Conservatory of cine, engineering, information tech- Upon his discharge from the Army, Music, New England Conservatory of nology, teaching, and public health. Walter began his graduate studies at Music, and Boston University. As a On April 4 and 5, the Meyerhoff the University of Michigan majoring in member of the music education faculty Scholarship students, their mentors, stringed instruments. While at Michi- at the Boston Conservatory of Music professors, and families will gather for gan, he was a teaching fellow in the since the late 1980s, Walter has taught a research symposium to celebrate String Department. He studied double a variety of methods classes as well as their 20 years of progress and success. I bass with Larry Hurst. During his classes in string pedagogy and con- ask my colleagues to join me in salut- years at Michigan, Walter played in a ducting. He also had an integral part in ing the vision and perseverance of variety of orchestral ensembles and redefining, reshaping, and changing the UMBC president Dr. Freeman A. was the double bassist in the wind en- direction of the music education cur- Hrabowski and the generosity of Rob- semble conducted by H. Robert Rey- riculum at TBC to address the needs of ert Meyerhoff and his late wife Jane. nolds. He earned his master of music in the contemporary educator. For 11 Together they have changed lives and string instruments in December 1976. years, Dr. Pavasaris enthusiastically expectations.∑ In September of 1977, Dr. Pavasaris conducted the Boston University All- f joined the music faculty of the Bel- University Orchestra. The orchestra, mont, MA, public schools. During his which was comprised of nonmusic ma- TRIBUTE TO DR. WALTER jors, played for the shear enjoyment of PAVASARIS first few years in Belmont, his teaching responsibilities included being the di- making good music. Whether teaching ∑ Mr. LIEBERMAN. Mr. President, rector of orchestras and string teacher conducting, string pedagogy, or instru- today I wish to honor a visionary in for grades 3 to 12, and conducting one mental methods, Walter’s students the field of music education, Dr. Walter of the middle school bands. As string have experienced his enthusiasm and Pavasaris. Dr. Pavasaris, a native of passion for the artistry of being a mu- enrollments flourished, his responsibil- New Britain, CT, has been selected to sician and educator. receive the Massachusetts Music Edu- ities shifted to overseeing the entire As a conductor, Walter has had the cators Distinguished Service Award. string and orchestral curriculum in distinct privilege of conducting festival Walter M. Pavasaris has been a music grades 3 to 12. In addition to teaching orchestras in all four Massachusetts educator and curriculum coordinator large heterogeneous grouped weekly districts as well as throughout New in Massachusetts for the past 31 years. string lessons in each of the elemen- England. In 1992 and from 1999 to 2001 During that time he has taught all lev- tary schools, Walter encouraged his Walter was the guest conductor of the els of K–12 music, including both gen- students to also be part of the very U.S. Youth Ensemble String Orchestra eral and instrumental, as well as teach- popular ‘‘Saturday Morning’’ music during their European Tours. During ing undergraduate and graduate level program, which he administered during the 2004 and 2005 seasons he served as courses in various collegiate settings. many of the years he was in Belmont. music director of the Nashoba Youth In Walter’s position as coordinator of It was in this program that all elemen- Orchestras. Currently, he is the music fine and performing arts for the Lex- tary students, studying an instrument, director and conductor of the Arling- ington Public Schools, he is responsible received a small homogenously ton, MA, Philharmonic Orchestra, a for the implementation of the K–12 cur- grouped lesson as well as the oppor- post he has held since 1980; associate riculum in the areas of music, visual tunity to participate in either the All- music director and associate conductor arts, and drama. He leads a faculty of Town String Orchestra or Band. of the Metrowest Orchestra; and con- 41 highly motivated professional art- During his years in Belmont, the Bel- ductor of the northshore Youth Sym- ists/educators. In addition to his re- mont High School and Chenery Middle phony Senior Orchestra. In 1992, Dr. sponsibilities in Lexington, Walter also School Orchestras expanded their Pavasaris was the recipient of the Paul serves on the music education faculty music making both within and outside Smith Memorial Conductor of the Year at the Boston Conservatory of Music. the community. Under his baton, the Award presented by the Massachusetts In 1971, Walter graduated from the middle and high school orchestra en- Instrumental and Choral Conductors’ University of Hartford, Hartt College sembles consistently earned superior Association. In 1996, the Massachusetts of Music, with a bachelor of music edu- ratings at numerous State, regional, Music Educators’ Association named cation degree. While at Hartt he stud- and international music festivals. Ad- Dr. Pavasaris as a recipient of the Low- ied double bass with Bert Turetzky, Le- ditionally, the Belmont High School ell Mason Award acknowledging his nu- land Tolo, and also traveled to Boston Orchestra was selected to perform at merous contributions to music and and Tanglewood to study with William the All-Eastern MENC Conference in music education. Rhein, associate principal double bass- Boston in 1983. Throughout his career, Walter has ist of the Boston Symphony. While In 1990, Walter was appointed coordi- had the good fortune to be associated completing his undergraduate degree nator of fine and performing arts for with many wonderful colleagues and at Hartt, Walter was active as a free- the Lexington Public Schools. His pri- students. He is however, most thankful lance musician playing in a variety of mary responsibilities include advo- for the patience, understanding, and small combos and big bands in the cating for the arts and creating and encouragement of his wife Beverly and greater Hartford, CT, area. Addition- implementing curricula in the areas of son Christopher, who currently works ally, he played in the Smith College music, visual arts, and drama. Along in my office as a staff assistant. Orchestra, Springfield, MA, Symphony with advocating for the arts among a Making music is an endeavor that and New Britain, CT, Symphony. In his wide array of constituencies, he also can be enjoyed, cherished, and cele- senior year Walter was recognized by supervises and evaluates the K–12 fine brated regardless of age, gender or eth- Hartt College of Music as an Out- and performing arts faculty. Through- nicity. It is inspiring to realize that standing Music Educator based on his out his tenure in Lexington, the arts the personal and professional contribu- outstanding leadership, participation, have maintained an integral place tions of Dr. Pavasaris will only con- and scholarship in the field of music. within each student’s basic education. tinue to grow through the works of

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.005 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2228 CONGRESSIONAL RECORD — SENATE March 31, 2008 very people that Walter has come into too on their husband’s and father’s re- pleted the race in 9 days, 11 hours, and contact with. It is with great pride tirement from the Army. The demands 46 minutes, beating four-time Iditarod that I recognize such a dedicated vi- of military life are such that military champion Jeff King by 1 hour and 19 sionary in the field of music edu- families also sacrifice and serve the minutes. cation.∑ Nation along with their soldier. For the past few years, Lance has f Mr. President, the Army, the Senate, shown a mastery of working with and and the Nation are lucky to have had training canine athletes for the sport TRIBUTE TO COLONEL MICHAEL P. the service of such a great soldier. He of dog mushing. As the Anchorage BARBERO will be sorely missed.∑ Daily News aptly stated: ∑ Mr. LEVIN. Mr. President, I wish to f A musher doesn’t win four straight, 1,000 publicly commend and congratulate mile Yukon Quests and two straight COL Michael P. Barbero, U.S. Army, CONGRATULATING LANCE MACKEY Iditarods by making dogs run. He wins by upon his retirement after 26 years of ∑ Ms. MURKOWSKI. Mr. President, making dogs want to run. military service. I have come to know today I congratulate Lance Mackey, of Lance Mackey continues to impress and respect Colonel Barbero over the Fairbanks, AK, on achieving the in- all of us with his remarkable achieve- last 4 years, during which time he credible feat of twice winning the ments and record-setting perform- served as the Chief of the Army Senate Iditarod Trail Sled Dog Race and the ances. It is my honor to stand before Liaison Division in the Office of the Yukon Quest Sled Dog Race—two 1,000- this body today to congratulate Lance Army Chief of Legislative Liaison. In mile races—in the same year. Last Mackey and his team of amazing dogs. that capacity, Colonel Barbero was in- year, Lance became the first musher Lance is a world-class dog musher and strumental in improving the under- ever to win both races in the same cal- a true Alaskan hero, and I wish him standing of senators and staff con- endar year. An achievement, which was and his team all the success in the fu- cerning a vast myriad of Army issues, previously labeled impossible, has for ture.∑ in particular an understanding of the the second consecutive year been ac- f Army’s role in the wars in Iraq and Af- complished by Lance Mackey and his ghanistan, and the effect of those wars team. TRIBUTE TO WILL ETTA ‘‘WILLIE’’ on the Army and its soldiers and their For those who are unfamiliar with ei- OATES families. ther the Iditarod or the Yukon Quest, ∑ Mr. PRYOR. Mr. President, I wish to Colonel Barbero escorted over 50 con- these races are the world’s two longest honor the life of a woman reverend gressional delegations, including 13 to dogsled races. Both races, which span across the State of Arkansas as a hum- Iraq and 3 to Afghanistan. I myself was over 1,000 miles of rigid mountains, fro- ble public servant. Will Etta ‘‘Willie’’ privileged to have Colonel Barbero as zen tundra, and dense forests, are true Oates, affectionately known as the an escort at my specific request on sev- tests of determination and dedication. ‘‘Hat Lady,’’ passed away on March 4, eral of my own trips to both of those Not only does the rugged terrain pose a 2008. She was loved for her active vol- areas. He worked tirelessly to ensure huge challenge, but so does the weath- unteerism and Arkansas pride. my visits were coordinated with all of er, which frequently drops to 30 or 40 Although she was born in Kansas, she the relevant agencies and individuals degrees below zero, and the wind, was an Arkansan through and through. so that I could visit the places, meet which can gust up to 100 miles per Willie was born to Harry and Fern with the people, and deal with the hour. Long in Arkansas City, KS, on January issues that were critical for me as the The annual Yukon Quest Sled Dog 14, 1918. She graduated from the Uni- chairman of the Senate Armed Serv- Race is a 1,000-mile international trek versity of Arkansas at Fayetteville ices Committee. I am extremely grate- from Fairbanks, AK, to Whitehorse, where she was a cheerleader and met ful for the service he provided me and Canada. Lance Mackey and his team of her life-long husband, Dr. Gordon my staff during those trips. canine athletes crossed this great dis- Oates. It was at the university that she Colonel Barbero’s Senate assignment tance in 10 days, 12 hours, and 14 min- earned the nickname Willie. was the capstone to an outstanding ca- utes, claiming victory for the fourth After World War II, Willie began her reer of service to our Nation. After year in a row. career of volunteerism in Little Rock. graduating from the U.S. Military Only 11 days after his Yukon Quest She was selected as Little Rock Academy at West Point in 1982, Colonel victory, Lance and six of his dogs that Woman of the Year in 1955. In 1959, she Barbero served as an armor officer in competed in the Yukon Quest joined became the first woman elected to the command and staff positions in a num- seven of his other dogs and began the Arkansas Legislature in more than 30 ber of tank and cavalry units in the 1,100-mile Iditarod Sled Dog Race. This years. United States and Germany. These as- race, which starts in Willow, AK, and Yet, it was her ‘‘hat skits’’ that cap- signments culminated in a position as ends in Nome, AK, commemorates the tured people’s attention. She traveled the operations officer for the 2nd Bri- 1925 diphtheria serum relay run where across Arkansas and more than 40 gade of the famed 1st Cavalry Division. dogsled teams had to pass along a vac- States speaking, performing her hat Colonel Barbero also served in a cine from Anchorage to Nome in order skits, judging various competitions, number of high-level positions on both to save countless lives. The Iditarod and serving as a grand marshall at the Army and Joint Staffs at the Pen- race is no longer run as a relay but is many parades. In 1989, she was offi- tagon, as an exercise planner, analyst, a race completed by individual dogsled cially designated by proclamation of and strategist. As an assistant pro- teams. the State legislature as ‘‘Arkansas’s fessor at the U.S. Military Academy, The 1,100-mile journey travels pri- Hat Lady.’’ Colonel Barbero played an important marily through the great Alaskan wil- During her lifetime, Willie belonged role in the development of the future derness. Throughout this year’s to over 50 national, State, and local or- officers and leaders of the Army. Iditarod, Lance Mackey was challenged ganizations, served on over 25 boards, Colonel Barbero holds a master of by not only the weather and terrain and was active in the First Pres- science degree in industrial engineer- but also by other extraordinary byterian Church of Little Rock. ing from the Georgia Institute of Tech- mushers such as the 2006 Iditarod win- Willie Oates was my dear friend and nology. His military awards include ner, Jeff King, and other previous win- an inspiration to all that knew her. I the Legion of Merit, Defense Meri- ners of this great race. On the morning pay tribute to this public servant of torious Medal, Meritorious Service of March 12, 2008, thousands gathered Arkansas and express my greatest con- Medal, Ranger Tab, Parachutist Badge, at the famous burled wood arch on dolences to her family. She will be and is a holder of the Army Armor As- Front Street in Nome, AK, to cheer on missed.∑ sociation’s Order of St. George. Lance Mackey, as he sledded to back- f Colonel Barbero is married to the to-back wins at the Iditarod, beating former Vicki Jo Drake of Storm Lake, the odds as well as the extremely com- MESSAGES FROM THE PRESIDENT IA. They have two children, Mary—14— petitive international field. Lance Messages from the President of the and Michael—10. I congratulate them Mackey and his team of canines com- United States were communicated to

VerDate Aug 31 2005 03:56 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G31MR6.001 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2229 the Senate by Mrs. Neiman, one of his ida Citrus Fruit Crop Insurance Provisions’’ Off Alaska; Pacific Cod by Catcher Vessels 60 secretaries. (RIN0563–AC01) received on March 14, 2008; to Feet Length Overall and Using Pot Gear in the Committee on Agriculture, Nutrition, the Bering Sea and Aleutian Islands Manage- f and Forestry. ment Area’’ (RIN0684–XF06) received on EC–5444. A communication from the Ad- EXECUTIVE MESSAGES REFERRED March 14, 2008; to the Committee on Com- ministrator, Dairy Programs, Department of merce, Science, and Transportation. As in executive session the Presiding Agriculture, transmitting, pursuant to law, EC–5455. A communication from the Acting Officer laid before the Senate messages the report of a rule entitled ‘‘Dairy Product Director, Office of Sustainable Fisheries, De- from the President of the United Mandatory Reporting’’ (Docket No. DA–06– partment of Commerce, transmitting, pursu- States submitting sundry nominations 07) received on March 14, 2008; to the Com- ant to law, the report of a rule entitled mittee on Agriculture, Nutrition, and For- ‘‘Fisheries of the Exclusive Economic Zone which were referred to the appropriate estry. Off Alaska; Atka Mackerel by Vessels in the committees. EC–5445. A communication from the Ad- Amendment 80 Limited Access Fishery in (The nominations received today are ministrator, Agricultural Marketing Serv- the Eastern Aleutian District and Bering Sea printed at the end of the Senate pro- ice, Department of Agriculture, transmit- and Aleutian Islands Management Area’’ ceedings.) ting, pursuant to law, the report of a rule en- (RIN0684–XF52) received on March 14, 2008; to titled ‘‘Dates Grown or Packed in Riverside the Committee on Commerce, Science, and f County, California; Decreased Assessment Transportation. MESSAGE FROM THE HOUSE Rate’’ (Docket No. AMS–FV–07–0104) received EC–5456. A communication from the Acting on March 14, 2008; to the Committee on Agri- Director, Office of Sustainable Fisheries, De- At 2:03 p.m., a message from the culture, Nutrition, and Forestry. partment of Commerce, transmitting, pursu- House of Representatives, delivered by EC–5446. A communication from the Ad- ant to law, the report of a rule entitled Ms. Niland, one of its reading clerks, ministrator, Agricultural Marketing Serv- ‘‘Fisheries of the Exclusive Economic Zone announced that the House has passed ice, Department of Agriculture, transmit- Off Alaska; Pacific Cod by Vessels in the the following bill, in which it requests ting, pursuant to law, the report of a rule en- Amendment 80 Limited Access Fishery in titled ‘‘Tomatoes Grown in Florida; De- the concurrence of the Senate: the Bering Sea and Aleutian Islands Manage- creased Assessment Rate’’ (Docket No. AMS– ment Area’’ (RIN0684–XF25) received on H.R. 3361. An act to make technical correc- FV–07–0114) received on March 14, 2008; to the March 14, 2008; to the Committee on Com- tions related to the Pension Protection Act Committee on Agriculture, Nutrition, and merce, Science, and Transportation. of 2006. Forestry. EC–5457. A communication from the Dep- The message also announced that the EC–5447. A communication from the Direc- uty Assistant Administrator for Regulatory House agrees to the amendment of the tor, Regulatory Review Group, Department Programs, National Marine Fisheries Serv- Senate to the bill (H.R. 3773) to amend of Agriculture, transmitting, pursuant to ice, Department of Commerce, transmitting, law, the report of a rule entitled ‘‘Dairy Dis- pursuant to law, the report of a rule entitled the Foreign Intelligence Surveillance aster Assistance Payment Program III’’ ‘‘Extension of Emergency Fishery Closure Act of 1978 to establish a procedure for (RIN0560–AH74) received on March 17, 2008; to Due to the Presence of the Toxin that Causes authorizing certain acquisitions of for- the Committee on Agriculture, Nutrition, Paralytic Shellfish Poisoning’’ (RIN0648– eign intelligence, and for other pur- and Forestry. AT48) received on March 14, 2008; to the Com- poses, with an amendment, in which it EC–5448. A communication from the Direc- mittee on Commerce, Science, and Transpor- requests the concurrence of the Senate. tor, Regulatory Management Division, Envi- tation. ronmental Protection Agency, transmitting, EC–5458. A communication from the Dep- f pursuant to law, the report of a rule entitled uty Assistant Administrator for Regulatory ‘‘Prothioconazole; Pesticide Tolerance’’ ENROLLED BILL SIGNED Programs, National Marine Fisheries Serv- (FRL No. 8353–2) received on March 17, 2008; ice, Department of Commerce, transmitting, The message further announced that to the Committee on Agriculture, Nutrition, pursuant to law, the report of a rule entitled the Speaker has signed the following and Forestry. ‘‘Final Rule to Implement the Northeast Re- enrolled bill: EC–5449. A communication from the Under gion Standardized Bycatch Reporting Meth- Secretary of Defense (Comptroller), trans- odology’’ (RIN0648–AV70) received on March H.R. 1593. An act to reauthorize the grant mitting, pursuant to law, the report of a vio- 14, 2008; to the Committee on Commerce, program for reentry of offenders into the lation of the Antideficiency Act within the Science, and Transportation. community in the Omnibus Crime Control Joint Intelligence Operations Center of the EC–5459. A communication from the Acting and Safe Streets Act of 1968, to improve re- Department of the Navy; to the Committee Director, Office of Sustainable Fisheries, De- entry planning and implementation, and for on Appropriations. partment of Commerce, transmitting, pursu- other purposes. EC–5450. A communication from the Sec- ant to law, the report of a rule entitled ‘‘At- retary of the Army, transmitting, pursuant f lantic Highly Migratory Species; Atlantic to law, an annual report relative to the Re- Bluefin Tuna Fisheries; Temporary Rule; MEASURES PLACED ON THE cruiter Incentive Pay Pilot Program; to the Inseason Retention Limit Adjustment’’ CALENDAR Committee on Armed Services. (RIN0648–XF39) received on March 14, 2008; to EC–5451. A communication from the Sec- the Committee on Commerce, Science, and The following bill was read the first retary of the Air Force, transmitting, pursu- Transportation. and second times by unanimous con- ant to law, a report relative to the scope of EC–5460. A communication from the Under sent, and placed on the calendar: the Advanced Extremely High Frequency Secretary of Commerce (Intellectual Prop- H.R. 3361. An act to make technical correc- satellite program; to the Committee on erty), transmitting, pursuant to law, the re- tions related to the Pension Protection Act Armed Services. port of a rule entitled ‘‘Changes in the Re- of 2006. EC–5452. A communication from the Acting quirement for a Description of the Mark in Director, Office of Sustainable Fisheries, De- Trademark Applications’’ (RIN0651–AC17) re- f partment of Commerce, transmitting, pursu- ceived on March 17, 2008; to the Committee ant to law, the report of a rule entitled on Commerce, Science, and Transportation. EXECUTIVE AND OTHER ‘‘Fisheries of the Exclusive Economic Zone EC–5461. A communication from the Assist- COMMUNICATIONS Off Alaska; Inseason Adjustment to the 2008 ant Secretary of the Interior (Fish and Wild- The following communications were Gulf of Alaska Pollock Total Allowable life and Parks), transmitting, pursuant to laid before the Senate, together with Catch Amount’’ (RIN0684–XE84) received on law, the report of a rule entitled ‘‘National accompanying papers, reports, and doc- March 14, 2008; to the Committee on Com- Park System Units in Alaska—Part 13, merce, Science, and Transportation. Phase II’’ (RIN1024–AD38) received on March uments, and were referred as indicated: EC–5453. A communication from the Acting 12, 2008; to the Committee on Energy and EC–5442. A communication from the Ad- Director, Office of Sustainable Fisheries, De- Natural Resources. ministrator, Rural Housing Service, Depart- partment of Commerce, transmitting, pursu- EC–5462. A communication from the Sec- ment of Agriculture, transmitting, pursuant ant to law, the report of a rule entitled retary of Energy, transmitting, a letter ex- to law, the report of a rule entitled ‘‘Commu- ‘‘Fisheries of the Exclusive Economic Zone pressing the Administration’s strong opposi- nity Facilities Grant Program’’ (RIN0575– Off Alaska; Atka Mackerel Lottery in Areas tion to efforts to impose suspensions on the AC75) received on March 17, 2008; to the Com- 542 and 543’’ (RIN0684–XF05) received on acquisition of petroleum for the Strategic mittee on Agriculture, Nutrition, and For- March 14, 2008; to the Committee on Com- Petroleum Reserve; to the Committee on En- estry. merce, Science, and Transportation. ergy and Natural Resources. EC–5443. A communication from the Ad- EC–5454. A communication from the Acting EC–5463. A communication from the Ad- ministrator, Risk Management Agency, De- Director, Office of Sustainable Fisheries, De- ministrator, Energy Information Adminis- partment of Agriculture, transmitting, pur- partment of Commerce, transmitting, pursu- tration, Department of Energy, transmit- suant to law, the report of a rule entitled ant to law, the report of a rule entitled ting, pursuant to law, a report entitled, ‘‘Common Crop Insurance Regulations; Flor- ‘‘Fisheries of the Exclusive Economic Zone ‘‘Emissions of Greenhouse Gases in the

VerDate Aug 31 2005 03:56 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.016 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2230 CONGRESSIONAL RECORD — SENATE March 31, 2008 United States 2006’’; to the Committee on report of a rule entitled ‘‘Amplification of EC–5485. A communication from the Assist- Energy and Natural Resources. Notice 2006–52; Deduction for Energy Effi- ant Secretary, Office of Legislative Affairs, EC–5464. A communication from the Attor- cient Commercial Buildings’’ (Notice 2008–40) Department of State, transmitting, pursuant ney, Office of Assistant General Counsel for received on March 12, 2008; to the Committee to law, the certification of a proposed agree- Legislation and Regulatory Law, Depart- on Finance. ment for the export of defense services to the ment of Energy, transmitting, pursuant to EC–5474. A communication from the Chief Republic of Korea to provide support for law, the report of a rule entitled ‘‘Alter- of the Publications and Regulations Branch, maintenance services on the J79 and J85 en- native Fuel Transportation Program; Pri- Internal Revenue Service, Department of the gines; to the Committee on Foreign Rela- vate and Local Government Fleet Deter- Treasury, transmitting, pursuant to law, the tions. mination’’ (RIN1904–AB69) received on March report of a rule entitled ‘‘Abandonment of EC–5486. A communication from the Assist- 17, 2008; to the Committee on Energy and Stock and Other Securities’’ ((RIN1545– ant Secretary, Office of Legislative Affairs, Natural Resources. BE80)(TD 9386)) received on March 12, 2008; to Department of State, transmitting, pursuant EC–5465. A communication from the Direc- the Committee on Finance. to law, the certification of an application for tor, Regulatory Management Division, Envi- EC–5475. A communication from the Chair- a license for the export of defense services to ronmental Protection Agency, transmitting, man, Medicare Payment Advisory Commis- the United Kingdom and France to provide pursuant to law, the report of a rule entitled sion, transmitting, pursuant to law, a report continued support for the installation of the ‘‘Approval and Promulgation of Air Quality relative to the Medicare Payment Policy; to CTS–800–4N gas turbine engine into the Implementation Plans; New Hampshire; De- the Committee on Finance. Westland Superlynx Helicopter; to the Com- termination of Attainment of the Ozone EC–5476. A communication from the Com- mittee on Foreign Relations. Standard’’ (FRL No. 8543–4) received on missioner, Social Security Administration, EC–5487. A communication from the Assist- March 17, 2008; to the Committee on Environ- transmitting, pursuant to law, a report rel- ant Secretary, Office of Legislative Affairs, ment and Public Works. ative to a public-private competition that Department of State, transmitting, pursuant EC–5466. A communication from the Direc- will be conducted at the Administration’s to law, the certification of a proposed license tor, Regulatory Management Division, Envi- headquarters in Maryland; to the Committee for the export of commercial communica- ronmental Protection Agency, transmitting, on Finance. tions satellites to international waters; to pursuant to law, the report of a rule entitled EC–5477. A communication from the Pro- the Committee on Foreign Relations. ‘‘Approval and Promulgation of Implementa- gram Manager, Center for Medicaid and EC–5488. A communication from the Assist- tion Plans; Revisions to the Nevada State State Operation, Department of Health and ant Secretary, Office of Legislative Affairs, Implementation Plan; Stationary Source Human Services, transmitting, pursuant to Department of State, transmitting, pursuant Permits’’ (FRL No. 8543–6) received on March law, the report of a rule entitled ‘‘Medicaid to law, the re-certification of a proposed 17, 2008; to the Committee on Environment Program; Multiple Source Drug Definition’’ manufacturing license agreement for the ex- and Public Works. (RIN0938–AP26) received on March 14, 2008; to port of defense services to Canada for the EC–5467. A communication from the Direc- the Committee on Finance. manufacture and assembly of CF–18 Multi EC–5478. A communication from the Assist- tor, Regulatory Management Division, Envi- Function Display Indicators; to the Com- ant Secretary, Office of Legislative Affairs, ronmental Protection Agency, transmitting, mittee on Foreign Relations. Department of State, transmitting, pursuant pursuant to law, the report of a rule entitled EC–5489. A communication from the Assist- to law, the certification of a proposed license ‘‘Approval and Promulgation of Ohio SO2 Air ant Secretary, Office of Legislative Affairs, agreement for the export of defense articles Quality Implementation Plans and Designa- Department of State, transmitting, pursuant to Japan to provide support for the manufac- tion of Areas’’ (FRL No. 8534–4) received on to law, the certification of a proposed license ture of fuel control devices; to the Com- March 17, 2008; to the Committee on Environ- for the export of firearms to Georgia; to the mittee on Foreign Relations. ment and Public Works. Committee on Foreign Relations. EC–5468. A communication from the Direc- EC–5479. A communication from the Assist- EC–5490. A communication from the Assist- tor, Regulatory Management Division, Envi- ant Secretary, Office of Legislative Affairs, ant Secretary, Office of Legislative Affairs, ronmental Protection Agency, transmitting, Department of State, transmitting, pursuant Department of State, transmitting, pursuant pursuant to law, the report of a rule entitled to law, a copy of the Implementing Agree- to law, the certification of a proposed trans- ‘‘Determination of Nonattainment and Re- ment of the treaty that was entered into fer of eight Patriot missile systems from the classification of the Baton Rouge 8-Hour with the Government of Australia relative to Government of Germany to the Government Ozone Nonattainment Area; State of Lou- Defense Trade Cooperation; to the Com- of the Republic of Korea; to the Committee isiana’’ (FRL No. 8544–6) received on March mittee on Foreign Relations. on Foreign Relations. 17, 2008; to the Committee on Environment EC–5480. A communication from the Assist- EC–5491. A communication from the Dep- and Public Works. ant Secretary, Office of Legislative Affairs, EC–5469. A communication from the Direc- Department of State, transmitting, pursuant uty Director, Office of Health Plan Stand- tor, Regulatory Management Division, Envi- to law, a report relative to Vietnamese co- ards and Compliance Assistance, Department ronmental Protection Agency, transmitting, operation on accounting for POW/MIAs; to of Labor, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled the Committee on Foreign Relations. report of a rule entitled ‘‘Mental Health Par- ‘‘Determination of Nonattainment and Re- EC–5481. A communication from the Assist- ity; Interim Final Amendment to Regula- classification of the Beaumont/Port Arthur ant Secretary, Office of Legislative Affairs, tion’’ (RIN1210–AA62) received on March 17, 8-Hour Ozone Nonattainment Area; State of Department of State, transmitting, pursuant 2008; to the Committee on Health, Education, Texas; Final Rule’’ (FRL No. 8543–5) received to law, a report relative to Taiwan’s partici- Labor, and Pensions. on March 17, 2008; to the Committee on Envi- pation as an observer at the World Health EC–5492. A communication from the Gen- ronment and Public Works. Assembly; to the Committee on Foreign Re- eral Counsel, National Labor Relations EC–5470. A communication from the Direc- lations. Board, transmitting, pursuant to law, a re- tor, Regulatory Management Division, Envi- EC–5482. A communication from the Acting port relative to acquisitions made from for- ronmental Protection Agency, transmitting, Assistant Legal Adviser for Treaty Affairs, eign entities; to the Committee on Health, pursuant to law, the report of a rule entitled Department of State, transmitting, pursuant Education, Labor, and Pensions. ‘‘National Ambient Air Quality Standards to the Case-Zablocki Act, 1 U.S.C. 112b, as EC–5493. A communication from the for Ozone’’ (FRL No. 8544–3) received on amended, the report of the texts and back- Human Resources Specialist, Office of the March 17, 2008; to the Committee on Environ- ground statements of international agree- Assistant Secretary for Administration and ment and Public Works. ments, other than treaties (List 2008–27— Management, Department of Labor, trans- EC–5471. A communication from the Chief 2008–34); to the Committee on Foreign Rela- mitting, pursuant to law, the report of a va- of the Publications and Regulations Branch, tions. cancy and designation of an acting officer for Internal Revenue Service, Department of the EC–5483. A communication from the Assist- the position of Assistant Secretary for Em- Treasury, transmitting, pursuant to law, the ant Secretary, Office of Legislative Affairs, ployment and Training, received on March report of a rule entitled ‘‘Partial Exchange Department of State, transmitting, pursuant 17, 2008; to the Committee on Health, Edu- of an Annuity Contract’’ (Rev. Proc. 2008–24) to law, the re-certification of a proposed cation, Labor, and Pensions. received on March 14, 2008; to the Committee manufacturing license agreement for the ex- EC–5494. A communication from the Direc- on Finance. port of defense services to Turkey for the tor, Regulations Policy and Management EC–5472. A communication from the Acting manufacture of the Self Protection Elec- Staff, Department of Health and Human Regulations Officer, Social Security Admin- tronic Warfare System; to the Committee on Services, transmitting, pursuant to law, the istration, transmitting, pursuant to law, the Foreign Relations. report of a rule entitled ‘‘Food Labeling: report of a rule entitled ‘‘Revised Medical EC–5484. A communication from the Assist- Health Claims; Soluble Fiber from Certain Criteria for Evaluating Immune System Dis- ant Secretary, Office of Legislative Affairs, Foods and Risk of Coronary Heart Disease’’ orders’’ (RIN0960–AF33) received on March 17, Department of State, transmitting, pursuant (Docket No. FDA–2008–P–0090) received on 2008; to the Committee on Finance. to law, the report of a rule entitled ‘‘Amend- March 17, 2008; to the Committee on Health, EC–5473. A communication from the Chief ment to the International Arms Traffic in Education, Labor, and Pensions. of the Publications and Regulations Branch, Arms Regulations; Sri Lanka’’ (22 CFR Part EC–5495. A communication from the Ad- Internal Revenue Service, Department of the 126) received on March 14, 2008; to the Com- ministrator, General Services Administra- Treasury, transmitting, pursuant to law, the mittee on Foreign Relations. tion, transmitting, pursuant to law, a report

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relative to the Administration’s Capital In- By Ms. LANDRIEU: S. 881 vestment and Leasing Program; to the Com- S. 2790. A bill to amend title XVIII of the At the request of Mrs. LINCOLN, the mittee on Homeland Security and Govern- Social Security Act to provide for coverage name of the Senator from Virginia (Mr. mental Affairs. of comprehensive cancer care planning under WARNER) was added as a cosponsor of S. EC–5496. A communication from the Asso- the Medicare program and to improve the ciate General Counsel for General Law, De- care furnished to individuals diagnosed with 881, a bill to amend the Internal Rev- partment of Homeland Security, transmit- cancer by establishing a Medicare hospice enue Code of 1986 to extend and modify ting, pursuant to law, the report of a nomi- care demonstration program and grants pro- the railroad track maintenance credit. nation for the position of Deputy Secretary, grams for cancer palliative care and symp- S. 911 received on March 13, 2008; to the Committee tom management programs, provider edu- At the request of Mr. REED, the on Homeland Security and Governmental Af- cation, and related research; to the Com- names of the Senator from Pennsyl- mittee on Finance. fairs. vania (Mr. SPECTER) and the Senator EC–5497. A communication from the Direc- f from Mississippi (Mr. WICKER) were tor of Congressional Affairs, Central Intel- ligence Agency, transmitting, pursuant to SUBMISSION OF CONCURRENT AND added as cosponsors of S. 911, a bill to law, the report of action on a nomination SENATE RESOLUTIONS amend the Public Health Service Act and discontinuation of service in an acting The following concurrent resolutions to advance medical research and treat- role for the position of General Counsel, re- and Senate resolutions were read, and ments into pediatric cancers, ensure ceived on March 17, 2008; to the Select Com- referred (or acted upon), as indicated: patients and families have access to mittee on Intelligence. the current treatments and informa- By Mrs. CLINTON (for herself and Mr. EC–5498. A communication from the Dep- tion regarding pediatric cancers, estab- SCHUMER): uty Assistant Administrator, Drug Enforce- lish a population-based national child- ment Administration, Department of Jus- S. Res. 490. A resolution recognizing the tice, transmitting, pursuant to law, the re- Alvin Ailey American Dance Theater for 50 hood cancer database, and promote port of a rule entitled ‘‘Authorized Sources years of service to the performing arts; to public awareness of pediatric cancers. of Narcotic Raw Materials’’ (RIN1117–AB03) the Committee on the Judiciary. S. 937 received on March 14, 2008; to the Committee By Mr. VITTER: At the request of Mrs. CLINTON, the on the Judiciary. S. Res. 491. A resolution recognizing the name of the Senator from Missouri EC–5499. A communication from the Acting need and importance of providing additional Federal funds for the Secretary of the Army (Mrs. MCCASKILL) was added as a co- General Counsel, Executive Office for Immi- sponsor of S. 937, a bill to improve sup- gration Review, Department of Justice, to carry out hurricane, coastal, and flood transmitting, pursuant to law, the report of protection and hurricane and flood damage port and services for individuals with a rule entitled ‘‘Inflation Adjustment for reduction activities and related features in autism and their families. Civil Monetary Penalties Under Sections the State of Louisiana; to the Committee on S. 991 274A, 274B, and 274C of the Immigration and Environment and Public Works. At the request of Mr. DURBIN, the Nationality Act’’ (RIN1125–AA61) received on By Mr. REID: name of the Senator from Louisiana March 12, 2008; to the Committee on the Ju- S. Res. 492. A resolution amending the ma- jority party’s membership on the Select (Ms. LANDRIEU) was added as a cospon- diciary. sor of S. 991, a bill to establish the Sen- EC–5500. A communication from the Chair- Committee on Ethics for the remainder of man, Federal Election Commission, trans- the 110th Congress; considered and agreed to. ator Paul Simon Study Abroad Foun- mitting, pursuant to law, its Strategic Plan f dation under the authorities of the Mu- tual Educational and Cultural Ex- for fiscal years 2008 through 2013; to the Com- ADDITIONAL COSPONSORS mittee on Rules and Administration. change Act of 1961. EC–5501. A communication from the Dep- S. 380 S. 1120 uty Secretary, Department of Veterans Af- At the request of Mr. WYDEN, the At the request of Mr. HARKIN, the fairs, transmitting, pursuant to law, a report name of the Senator from Mississippi name of the Senator from Maryland relative to the activities and accomplish- (Mr. WICKER) was added as a cosponsor (Ms. MIKULSKI) was added as a cospon- ments of the Department of Veterans Affairs of S. 380, a bill to reauthorize the Se- and Department of Defense Joint Executive sor of S. 1120, a bill to amend the Pub- Council; to the Committee on Veterans’ Af- cure Rural Schools and Community lic Health Service Act to provide fairs. Self-Determination Act of 2000, and for grants for the training of graduate other purposes. f medical residents in preventive medi- S. 557 cine and public health. INTRODUCTION OF BILLS AND At the request of Mr. SCHUMER, the S. 1125 JOINT RESOLUTIONS name of the Senator from Illinois (Mr. At the request of Mr. CONRAD, the The following bills and joint resolu- DURBIN) was added as a cosponsor of S. name of the Senator from Arkansas tions were introduced, read the first 557, a bill to amend the Internal Rev- (Mrs. LINCOLN) was added as a cospon- and second times by unanimous con- enue Code of 1986 to make permanent sor of S. 1125, a bill to amend the Inter- sent, and referred as indicated: the depreciation classification of mo- nal Revenue Code of 1986 to provide in- By Mr. LEVIN (for himself and Mr. torsports entertainment complexes. centives to encourage investment in MCCAIN) (by request): S. 605 the expansion of freight rail infrastruc- S. 2787. A bill to authorize appropriations At the request of Ms. CANTWELL, the ture capacity and to enhance modal for fiscal year 2009 for military activities of name of the Senator from Vermont tax equity. the Department of Defense, to prescribe (Mr. SANDERS) was added as a cospon- S. 1301 military personnel strengths for fiscal year sor of S. 605, a bill to amend the Public 2009, and for other purposes; to the Com- At the request of Mr. DEMINT, the mittee on Finance. Health Service Act to promote and im- name of the Senator from North Caro- By Mr. VITTER (for himself, Mr. prove the allied health professions. lina (Mr. BURR) was added as a cospon- THUNE, Mr. VOINOVICH, and Mr. S. 702 sor of S. 1301, a bill to preserve and pro- BROWNBACK): At the request of Mr. KOHL, the name tect the free choice of individual em- S. 2788. A bill to impose admitting privi- of the Senator from Pennsylvania (Mr. ployees to form, join, or assist labor or- lege requirements with respect to physicians SPECTER) was added as a cosponsor of ganizations, or to refrain from such ac- who perform abortions; to the Committee on S. 702, a bill to authorize the Attorney tivities. Health, Education, Labor, and Pensions. By Ms. LANDRIEU: General to award grants to State S. 1393 S. 2789. A bill to amend the Emergency courts to develop and implement State At the request of Mr. ALEXANDER, the Supplemental Appropriations Act for De- courts interpreter programs. name of the Senator from Alabama fense, the Global War on Terror, and Hurri- S. 871 (Mr. SESSIONS) was added as a cospon- cane Recovery, 2006 to authorize the Federal At the request of Mr. LIEBERMAN, the sor of S. 1393, a bill to amend the Immi- Emergency Management Agency to provide name of the Senator from South Da- gration and Nationality Act to pre- additional assistance to State and local gov- kota (Mr. JOHNSON) was added as a co- scribe the binding oath or affirmation ernments for utility costs resulting from the provision of temporary housing units to sponsor of S. 871, a bill to establish and of renunciation and allegiance required evacuees from Hurricane Katrina and other provide for the treatment of Individual to be naturalized as a citizen of the hurricanes; to the Committee on Homeland Development Accounts, and for other United States, to encourage and sup- Security and Governmental Affairs. purposes. port the efforts of prospective citizens

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.021 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2232 CONGRESSIONAL RECORD — SENATE March 31, 2008 of the United States to become citi- S. 1794 S. 2123 zens, and for other purposes. At the request of Mr. BAYH, the name At the request of Mr. KENNEDY, the S. 1462 of the Senator from Alabama (Mr. SES- name of the Senator from Massachu- At the request of Mr. ROCKEFELLER, SIONS) was added as a cosponsor of S. setts (Mr. KERRY) was added as a co- the name of the Senator from Ohio 1794, a bill to amend the Federal Direct sponsor of S. 2123, a bill to provide col- (Mr. BROWN) was added as a cosponsor Loan Program to provide that interest lective bargaining rights for public of S. 1462, a bill to amend part E of shall not accrue on Federal Direct safety officers employed by States or title IV of the Social Security Act to Loans for active duty service members their political subdivisions. promote the adoption of children with and their spouses. S. 2219 special needs. S. 1810 At the request of Mr. DURBIN, the S. 1464 At the request of Mr. BROWNBACK, the name of the Senator from New York At the request of Mr. FEINGOLD, the name of the Senator from North Da- (Mrs. CLINTON) was added as a cospon- name of the Senator from Vermont kota (Mr. DORGAN) was added as a co- sor of S. 2219, a bill to amend title (Mr. SANDERS) was added as a cospon- sponsor of S. 1810, a bill to amend the XVIII of the Social Security Act to de- sor of S. 1464, a bill to establish a Glob- Public Health Service Act to increase liver a meaningful benefit and lower al Service Fellowship Program, and for the provision of scientifically sound in- prescription drug prices under the other purposes. formation and support services to pa- Medicare Program. S. 1484 tients receiving a positive test diag- S. 2347 At the request of Mr. ROBERTS, the nosis for Down syndrome or other pre- At the request of Mr. OBAMA, the name of the Senator from Vermont natally and postnatally diagnosed con- name of the Senator from Maryland (Mr. SANDERS) was added as a cospon- ditions. (Mr. CARDIN) was added as a cosponsor sor of S. 1484, a bill to amend part B of S. 1846 of S. 2347, a bill to restore and protect title XVIII of the Social Security Act At the request of Mr. BOND, the name access to discount drug prices for uni- to restore the Medicare treatment of of the Senator from Nebraska (Mr. versity-based and safety-net clinics. ownership of oxygen equipment to that HAGEL) was added as a cosponsor of S. S. 2369 in effect before enactment of the Def- 1846, a bill to improve defense coopera- At the request of Mr. BAUCUS, the icit Reduction Act of 2005. tion between the Republic of Korea and name of the Senator from Wyoming S. 1627 the United States. (Mr. ENZI) was added as a cosponsor of At the request of Mrs. LINCOLN, the S. 1951 S. 2369, a bill to amend title 35, United name of the Senator from Washington At the request of Mr. BAUCUS, the States Code, to provide that certain (Ms. CANTWELL) was added as a cospon- name of the Senator from Mississippi tax planning inventions are not patent- sor of S. 1627, a bill to amend the Inter- (Mr. WICKER) was added as a cosponsor able, and for other purposes. nal Revenue Code of 1986 to extend and of S. 1951, a bill to amend title XIX of S. 2372 expand the benefits for businesses oper- the Social Security Act to ensure that At the request of Mr. SMITH, the ating in empowerment zones, enter- individuals eligible for medical assist- name of the Senator from Colorado prise communities, or renewal commu- ance under the Medicaid program con- (Mr. SALAZAR) was added as a cospon- nities, and for other purposes. tinue to have access to prescription sor of S. 2372, a bill to amend the Har- S. 1655 drugs, and for other purposes. monized Tariff Schedule of the United At the request of Mr. KENNEDY, the S. 1954 States to modify the tariffs on certain names of the Senator from New York At the request of Mr. BAUCUS, the footwear. (Mrs. CLINTON) and the Senator from Il- name of the Senator from Mississippi S. 2401 linois (Mr. OBAMA) were added as co- (Mr. WICKER) was added as a cosponsor At the request of Ms. CANTWELL, the sponsors of S. 1655, a bill to establish of S. 1954, a bill to amend title XVIII of name of the Senator from Massachu- improved mandatory standards to pro- the Social Security Act to improve ac- setts (Mr. KERRY) was added as a co- tect miners during emergencies, and cess to pharmacies under part D. sponsor of S. 2401, a bill to amend the for other purposes. S. 1963 Internal Revenue Code of 1986 to allow S. 1689 At the request of Mr. ROCKEFELLER, a refund of motor fuel excise taxes for At the request of Mr. BINGAMAN, the the name of the Senator from Wash- the actual off-highway use of certain names of the Senator from Louisiana ington (Mrs. MURRAY) was added as a mobile machinery vehicles. (Ms. LANDRIEU) and the Senator from cosponsor of S. 1963, a bill to amend the S. 2426 Georgia (Mr. CHAMBLISS) were added as Internal Revenue Code of 1986 to allow At the request of Ms. MIKULSKI, her cosponsors of S. 1689, a bill to amend bonds guaranteed by the Federal home name was added as a cosponsor of S. the Internal Revenue Code of 1986 to loan banks to be treated as tax exempt 2426, a bill to provide for congressional exclude from gross income amounts re- bonds. oversight of United States agreements ceived on account of claims based on S. 1995 with the Government of Iraq. certain unlawful discrimination and to At the request of Mr. HAGEL, his S. 2460 allow income averaging for backpay name was added as a cosponsor of S. At the request of Mrs. DOLE, the and frontpay awards received on ac- 1995, a bill to amend the Internal Rev- name of the Senator from Indiana (Mr. count of such claims, and for other pur- enue Code of 1986 to reduce the tax on LUGAR) was added as a cosponsor of S. poses. beer to its pre-1991 level. 2460, a bill to extend by one year the S. 1699 S. 2002 moratorium on implementation of a At the request of Mr. REED, the name At the request of Mr. HATCH, the rule relating to the Federal-State fi- of the Senator from Massachusetts name of the Senator from Louisiana nancial partnership under Medicaid (Mr. KERRY) was added as a cosponsor (Ms. LANDRIEU) was added as a cospon- and the State Children’s Health Insur- of S. 1699, a bill to amend the provi- sor of S. 2002, a bill to amend the Inter- ance Program and on finalization of a sions of the Elementary and Secondary nal Revenue Code of 1986 to simplify rule regarding graduate medical edu- Education Act of 1965 regarding school certain provisions applicable to real es- cation under Medicaid and to include a library media specialists, and for other tate investment trusts, and for other moratorium on the finalization of the purposes. purposes. outpatient Medicaid rule making simi- S. 1750 S. 2059 lar changes. At the request of Mr. SPECTER, the At the request of Mrs. CLINTON, the S. 2479 name of the Senator from Mississippi name of the Senator from Illinois (Mr. At the request of Mr. BROWN, the (Mr. WICKER) was added as a cosponsor OBAMA) was added as a cosponsor of S. name of the Senator from Vermont of S. 1750, a bill to amend title XVIII of 2059, a bill to amend the Family and (Mr. SANDERS) was added as a cospon- the Social Security Act to preserve ac- Medical Leave Act of 1993 to clarify the sor of S. 2479, a bill to catalyze change cess to community cancer care by eligibility requirements with respect in the care and treatment of diabetes Medicare beneficiaries. to airline flight crews. in the United States.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.012 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2233 S. 2505 S. 2681 from Oregon (Mr. SMITH) were added as At the request of Ms. CANTWELL, the At the request of Mr. INHOFE, the cosponsors of S. 2768, a bill to provide name of the Senator from Maryland name of the Senator from Washington a temporary increase in the maximum (Mr. CARDIN) was added as a cosponsor (Mrs. MURRAY) was added as a cospon- loan guaranty amount for certain of S. 2505, a bill to allow employees of sor of S. 2681, a bill to require the housing loans guaranteed by the Sec- a commercial passenger airline carrier issuance of medals to recognize the retary of Veterans Affairs. who receive payments in a bankruptcy dedication and valor of Native Amer- S. 2770 proceeding to roll over such payments ican code talkers. At the request of Mrs. FEINSTEIN, the into an individual retirement plan, and S. 2705 name of the Senator from Washington for other purposes. At the request of Mr. DURBIN, the (Ms. CANTWELL) was added as a cospon- S. 2517 name of the Senator from Indiana (Mr. sor of S. 2770, a bill to amend the Fed- At the request of Mr. SMITH, the BAYH) was added as a cosponsor of S. eral Meat Inspection Act to strengthen name of the Senator from Maine (Ms. 2705, a bill to authorize programs to in- the food safety inspection system by SNOWE) was added as a cosponsor of S. crease the number of nurses within the imposing stricter penalties for the 2517, a bill to amend the Internal Rev- Armed Forces through assistance for slaughter of nonambulatory livestock. enue Code of 1986 to provide that the service as nurse faculty or education as S. 2774 proceeds of qualified mortgage bonds nurses, and for other purposes. At the request of Mr. LEAHY, the may be used to provide refinancing for S. 2715 names of the Senator from Hawaii (Mr. subprime loans, to provide a temporary At the request of Mr. INHOFE, the INOUYE), the Senator from New Jersey increase in the volume cap for qualified names of the Senator from Wyoming (Mr. MENENDEZ), the Senator from mortgage bonds, and for other pur- (Mr. ENZI), the Senator from Louisiana Washington (Mrs. MURRAY), the Sen- poses. (Mr. VITTER), the Senator from Penn- ator from Iowa (Mr. HARKIN), the Sen- S. 2575 sylvania (Mr. SPECTER), the Senator ator from New Mexico (Mr. BINGAMAN), At the request of Mrs. HUTCHISON, the from South Carolina (Mr. DEMINT), the the Senator from Nebraska (Mr. name of the Senator from Alabama Senator from Oklahoma (Mr. COBURN), HAGEL) and the Senator from Ohio (Mr. (Mr. SESSIONS) was added as a cospon- the Senator from Alabama (Mr. SES- BROWN) were added as cosponsors of S. sor of S. 2575, a bill to amend title 38, SIONS), the Senator from Georgia (Mr. 2774, a bill to provide for the appoint- United States Code, to remove certain CHAMBLISS), the Senator from North ment of additional Federal circuit and limitations on the transfer of entitle- Carolina (Mr. BURR), the Senator from district judges, and for other purposes. ment to basic educational assistance Georgia (Mr. ISAKSON), the Senator S. 2783 under Montgomery GI Bill, and for from Alabama (Mr. SHELBY) and the At the request of Mr. ENSIGN, the other purposes. Senator from Tennessee (Mr. ALEX- name of the Senator from Arizona (Mr. S. 2598 ANDER) were added as cosponsors of S. KYL) was added as a cosponsor of S. At the request of Mr. DORGAN, the 2715, a bill to amend title 4, United 2783, a bill to allow for additional name of the Senator from Missouri States Code, to declare English as the flights beyond the perimeter restric- (Mrs. MCCASKILL) was added as a co- national language of the Government tion applicable to Ronald Reagan sponsor of S. 2598, a bill to increase the of the United States, and for other pur- Washington National Airport. supply and lower the cost of petroleum poses. S.J. RES. 28 by temporarily suspending the acquisi- S. 2721 tion of petroleum for the Strategic Pe- At the request of Mr. ALEXANDER, the At the request of Mr. DORGAN, the troleum Reserve. name of the Senator from Alabama names of the Senator from New Jersey (Mr. MENENDEZ) and the Senator from S. 2607 (Mr. SESSIONS) was added as a cospon- Ohio (Mr. BROWN) were added as co- At the request of Ms. SNOWE, the sor of S. 2721, a bill to amend the Immi- names of the Senator from Washington gration and Nationality Act to pre- sponsors of S.J. Res. 28, a joint resolu- tion disapproving the rule submitted (Ms. CANTWELL) and the Senator from scribe the binding oath or affirmation by the Federal Communications Com- Oregon (Mr. SMITH) were added as co- of renunciation and allegiance required sponsors of S. 2607, a bill to make a to be naturalized as a citizen of the mission with respect to broadcast technical correction to section 3009 of United States, to encourage and sup- media ownership. the Deficit Reduction Act of 2005. port the efforts of prospective citizens S. RES. 300 S. 2618 of the United States to become citi- At the request of Mr. MENENDEZ, the At the request of Mr. ISAKSON, the zens, and for other purposes. names of the Senator from Michigan name of the Senator from Mississippi S. 2755 (Ms. STABENOW) and the Senator from (Mr. COCHRAN) was added as a cospon- At the request of Mrs. MURRAY, the Michigan (Mr. LEVIN) were added as co- sor of S. 2618, a bill to amend the Pub- names of the Senator from Massachu- sponsors of S. Res. 300, a resolution ex- lic Health Service Act to provide for setts (Mr. KENNEDY), the Senator from pressing the sense of the Senate that research with respect to various forms New York (Mr. SCHUMER), the Senator the Former Yugoslav Republic of Mac- of muscular dystrophy, including Beck- from Massachusetts (Mr. KERRY) and edonia (FYROM) should stop the utili- er, congenital, distal, Duchenne, the Senator from Ohio (Mr. BROWN) zation of materials that violate provi- Emery-Dreifuss Facioscapulohumeral, were added as cosponsors of S. 2755, a sions of the United Nations-brokered limb-girdle, myotonic, and bill to provide funding for summer Interim Agreement between FYROM oculopharyngeal muscular dystrophies. youth jobs. and Greece regarding ‘‘hostile activi- S. 2654 S. 2766 ties or propaganda’’ and should work At the request of Mr. COLEMAN, the At the request of Mr. NELSON of Flor- with the United Nations and Greece to name of the Senator from West Vir- ida, the names of the Senator from achieve longstanding United States ginia (Mr. BYRD) was added as a co- Rhode Island (Mr. REED), the Senator and United Nations policy goals of sponsor of S. 2654, a bill to provide for from Rhode Island (Mr. WHITEHOUSE) finding a mutually-acceptable official enhanced reimbursement of and the Senator from Georgia (Mr. name for FYROM. servicemembers and veterans for cer- ISAKSON) were added as cosponsors of S. S. RES. 455 tain travel expenses. 2766, a bill to amend the Federal Water At the request of Mr. DURBIN, the S. 2669 Pollution Control Act to address cer- name of the Senator from West Vir- At the request of Ms. SNOWE, the tain discharges incidental to the nor- ginia (Mr. BYRD) was added as a co- name of the Senator from Georgia (Mr. mal operation of a recreational vessel. sponsor of S. Res. 455, a resolution call- ISAKSON) was added as a cosponsor of S. S. 2768 ing for peace in Darfur. 2669, a bill to provide for the implemen- At the request of Mr. AKAKA, the S. RES. 470 tation of a Green Chemistry Research names of the Senator from New York At the request of Mr. FEINGOLD, the and Development Program, and for (Mr. SCHUMER), the Senator from Wash- names of the Senator from Minnesota other purposes. ington (Ms. CANTWELL) and the Senator (Mr. COLEMAN), the Senator from Ohio

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.014 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2234 CONGRESSIONAL RECORD — SENATE March 31, 2008 (Mr. BROWN), the Senator from Mary- their treatment, address the side ef- were left to find their displaced physi- land (Mr. CARDIN) and the Senator from fects of therapy, and transition to can- cians or to find new cancer care teams. Vermont (Mr. LEAHY) were added as co- cer survivorship. I am sure that many In either case, they suffered from a sponsors of S. Res. 470, a resolution of my Senate colleagues have heard in- lack of information about their ongo- calling on the relevant governments, credible stories of survivorship from ing treatment or about follow-up care multilateral bodies, and non-state ac- their own constituents. Management of plans. Enactment of the legislation I tors in Chad, the Central African Re- treatment and its potentially serious am introducing today would not ad- public, and Sudan to devote ample po- side effects is a daunting task. The leg- dress all of the health care delivery litical commitment and material re- islation I am introducing seeks to as- problems created by a natural disaster sources towards the achievement and sist cancer survivors in receiving qual- like Katrina, but it would at least put implementation of a negotiated resolu- ity care from diagnosis through survi- in the hands of patients critical infor- tion to the national and regional con- vorship. mation about their care. With that in- flicts in Chad, the Central African Re- A dear friend and citizen of Lou- formation, cancer survivors would be public, and Darfur, Sudan. isiana, Tucker Melancon, has educated better able to continue their care with- f me about the necessity that all ele- out serious dislocation. ments of cancer care be coordinated The U.S. Congress has provided its STATEMENTS ON INTRODUCED and that cancer patients be given as- enthusiastic support to the National BILLS AND JOINT RESOLUTIONS sistance in managing cancer as a Institutes of Health for research to im- By Mr. LEVIN (for himself and chronic disease. Judge Melancon and I prove the treatment of cancer. By in- Mr. MCCAIN) (by request): have been friends for more than 20 troducing the Comprehensive Cancer S. 2787. A bill to authorize appropria- years, and since 2001 he has dem- Care Improvement Act, I call on my tions for fiscal year 2009 for military onstrated courage, strength, and good colleagues to join me in a parallel ef- activities of the Department of De- humor as he has undergone treatment fort to improve the quality of care for fense, to prescribe military personnel for breast cancer. He has inspired me Medicare beneficiaries diagnosed with strengths for fiscal year 2009, and for and many others, and it is with pleas- cancer. It is in our power to improve other purposes; to the Committee on ure and humility that I introduce a bill the quality of cancer care for Medicare Finance. that may help cancer survivors like beneficiaries. By improving Medicare, Mr. LEVIN. Mr. President, Senator Tucker receive cancer care of the high- we set a standard of care for all Ameri- MCCAIN and I are today introducing, by est quality. cans diagnosed with cancer. request, the administration’s proposed The core provision of the Comprehen- I am pleased to lead the Senate effort National Defense Authorization Act for sive Cancer Care Improvement Act is to advance the Comprehensive Cancer fiscal year 2009. As is the case with any the establishment of Medicare pay- Care Improvement Act. A companion bill that is introduced by request, we ment for the development of cancer measure has been introduced in the introduce this bill for the purpose of care plans and survivorship plans for House by Representatives LOIS CAPPS placing the administration’s proposals beneficiaries who are diagnosed with and TOM DAVIS and already enjoys the before Congress and the public without cancer. The Institute of Medicine, IOM, support of more than 90 House cospon- expressing our own views on the sub- in a series of reports issued between sors. I urge my colleagues to join me stance of these proposals. As chairman 1999 and 2006, has documented the bene- today in supporting legislation that and ranking member of the Armed fits of written plans that explain to will provide cancer patients a helping Services Committee, we look forward cancer survivors all of the elements of hand in obtaining quality cancer care. to giving the administration’s re- active cancer treatment, including the Mr. President, I ask unanimous con- quested legislation our most careful re- side effects of therapy, and that detail sent that the text of the bill be printed view and thoughtful consideration. the steps required to monitor the side in the RECORD. effects of treatment during survivor- There being no objection, the text of By Ms. LANDRIEU: ship. the bill was ordered to be printed in S. 2790. A bill to amend title XVIII of What difference does a written plan the RECORD, as follows: the Social Security Act to provide for of care make? Cancer survivors and S. 2790 coverage of comprehensive cancer care their caregivers tell us that a written planning under the Medicare program plan facilitates the coordination of Be it enacted by the Senate and House of Rep- resentatives of the United States of America in and to improve the care furnished to care. That means that care plans pro- Congress assembled, individuals diagnosed with cancer by vide cancer survivors the tools to re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. establishing a Medicare hospice care ceive therapy of the highest quality, (a) SHORT TITLE.—This Act may be cited as demonstration program and grants pro- accompanied by appropriate manage- the ‘‘Comprehensive Cancer Care Improve- grams for cancer palliative care and ment of the side effects of treatment ment Act of 2008’’. symptom management programs, pro- and the symptoms of cancer. Most peo- (b) TABLE OF CONTENTS.—The table of con- vider education, and related research; ple treated for cancer experience a tents of this Act is as follows: to the Committee on Finance. range of side effects—including depres- Sec. 1. Short title; table of contents. Ms. LANDRIEU. Mr. President, I am sion, pain, nausea, and vomiting—that Sec. 2. Findings. pleased today to introduce legislation, can be debilitating and difficult to TITLE I—COMPREHENSIVE CANCER the Comprehensive Cancer Care Im- manage. Proper management of those CARE UNDER THE MEDICARE PROGRAM provement Act, that holds the promise side effects and symptoms can improve Sec. 101. Coverage of cancer care planning of empowering cancer survivors and cancer survivors’ quality of life and op- services. improving the quality of cancer care. timize their ability to complete treat- Sec. 102. Demonstration project to provide Each year, more than one million ment. The IOM has described patients comprehensive cancer care Americans join the ranks of cancer sur- who complete cancer treatment as symptom management services under Medicare. vivors. Overall, nearly 12 million ‘‘lost in transition,’’ uncertain how Americans live as cancer survivors. they will receive health care, including TITLE II—COMPREHENSIVE PALLIATIVE The legislation I am introducing will CARE AND SYMPTOM MANAGEMENT essential follow-up care, after active PROGRAMS provide these cancer survivors with treatment. A written survivorship plan vital tools to help them manage their Sec. 201. Grants for comprehensive pallia- that details all elements of treatment tive care and symptom manage- cancer care during active treatment received by a cancer survivor and that ment programs. and in the period of survivorship that provides a roadmap to care after active TITLE III—PROVIDER EDUCATION RE- follows treatment. treatment eases the transition from GARDING PALLIATIVE CARE AND Cancer survivors from the state of cancer patient to cancer survivor. SYMPTOM MANAGEMENT. Louisiana and their physicians have For patients and health care pro- Sec. 301. Grants to improve health profes- explained to me in compelling fashion viders, Hurricane Katrina caused sig- sional education. the assistance that cancer survivors nificant interruptions in care. Cancer Sec. 302. Grants to improve continuing pro- need to understand and participate in patients in the middle of treatment fessional education.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0655 E:\CR\FM\A31MR6.015 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2235 TITLE IV—RESEARCH ON END-OF-LIFE professional training, and insufficient in- ticable after the completion of such primary TOPICS FOR CANCER PATIENTS vestment in research on symptom manage- treatment; Sec. 401. Research program. ment. ‘‘(iv) is furnished, to the greatest extent SEC. 2. FINDINGS. (12) Changes in Medicare payment for com- practicable, in a form that appropriately The Congress makes the following findings: prehensive cancer care, enhanced public and takes into account cultural and linguistic (1) Individuals with cancer often do not professional education regarding symptom needs of the individual in order to make the have access to a cancer care system that pro- management, and more research related to plan accessible to the individual; and vides comprehensive and coordinated care of symptom management and palliative care ‘‘(v) is in accordance with standards deter- high quality. will enhance patient decision-making about mined by the Secretary to be appropriate; (2) The cancer care system has not tradi- treatment options and will contribute to im- and tionally offered individuals with cancer a proved care for individuals with cancer from ‘‘(D) with respect to an individual for prospective and comprehensive plan for the time of diagnosis of the individual whom a follow-up cancer care plan has been treatment and symptom management, strat- through the end of the life of the individual. developed under subparagraph (C), the revi- egies for updating and evaluating such plan TITLE I—COMPREHENSIVE CANCER CARE sion of such plan as necessary to account for with the assistance of a health care profes- UNDER THE MEDICARE PROGRAM any substantial change in the condition of sional, and a follow-up plan for monitoring SEC. 101. COVERAGE OF CANCER CARE PLAN- the individual, if such revision— and treating possible late effects of cancer NING SERVICES. ‘‘(i) is in accordance with clauses (i), (ii), and its treatment. (a) IN GENERAL.—Section 1861 of the Social and (iv) of such subparagraph; and (3) Cancer survivors often experience the Security Act, as amended by section 114 of ‘‘(ii) is furnished in written form to the in- under-diagnosis and under-treatment of the the Medicare, Medicaid, and SCHIP Exten- dividual within a period specified by the Sec- symptoms of cancer, a problem that begins sion Act of 2007 (Public Law 110–173) is retary that is as soon as practicable after at the time of diagnosis and often becomes amended— the date of such revision. more severe at the end of life. The failure to (1) in subsection (s)(2)— ‘‘(2) The Secretary shall establish stand- treat the symptoms, side effects, and late ef- (A) by striking ‘‘and’’ at the end of sub- ards to carry out paragraph (1) in consulta- fects of cancer and its treatment may have a paragraph (Z); tion with appropriate organizations rep- serious adverse impact on the health, well- (B) by adding ‘‘and’’ at the end of subpara- resenting providers of services related to cancer treatment and organizations rep- being, and quality of life of cancer survivors. graph (AA); and resenting survivors of cancer. Such stand- (4) Cancer survivors who are members of (C) by adding at the end the following new ards shall include standards for determining racial and ethnic minority groups may face subparagraph: the need and frequency for revisions of the special obstacles in receiving cancer care ‘‘(BB) comprehensive cancer care planning plans of care and follow-up plans based on that is coordinated and includes appropriate services (as defined in subsection (ddd));’’; and changes in the condition of the individual management of cancer symptoms and treat- and standards for the communication of the ment side effects. (2) by adding at the end the following new subsection: plan to the patient.’’. (5) Individuals with cancer are sometimes (b) PAYMENT.—Section 1833(a)(1) of the So- put in the untenable position of choosing be- ‘‘Comprehensive Cancer Care Planning cial Security Act (42 U.S.C. 1395l(a)(1)) is tween potentially curative therapies and pal- Services amended by striking ‘‘and’’ before ‘‘(V)’’ and liative care instead of being assured access ‘‘(ddd)(1) The term ‘comprehensive cancer inserting before the semicolon at the end the to comprehensive care that includes appro- care planning services’ means— following: ‘‘, and (W) with respect to com- priate treatment and symptom management. ‘‘(A) with respect to an individual who is prehensive cancer care planning services de- (6) Comprehensive cancer care should in- diagnosed with cancer, the development of a scribed in any of subparagraphs (A) through corporate access to psychosocial services and plan of care that— (D) of section 1861(ddd)(1), the amount paid management of the symptoms of cancer (and ‘‘(i) details, to the greatest extent prac- shall be an amount equal to the sum of (i) the symptoms of its treatment), including ticable, all aspects of the care to be provided the national average amount under the phy- pain, nausea and vomiting, fatigue, and de- to the individual, with respect to the treat- sician fee schedule established under section pression. ment of such cancer, including any curative 1848 for a new patient office consultation of (7) Comprehensive cancer care should in- treatment and comprehensive symptom the highest level of service in the non-facil- clude a means for providing cancer survivors management (such as palliative care) in- ity setting, and (ii) the national average with a comprehensive care summary and a volved; amount under such fee schedule for a physi- plan for follow-up care after primary treat- ‘‘(ii) is furnished in written form to the in- cian certification described in section ment to ensure that cancer survivors have dividual in person within a period specified 1814(a)(2) for home health services furnished access to follow-up monitoring and treat- by the Secretary that is as soon as prac- to an individual by a home health agency ment of possible late effects of cancer and ticable after the date on which the indi- under a home health plan of care’’. cancer treatment. vidual is so diagnosed; (c) EFFECTIVE DATE.—The amendments (8) The Institute of Medicine report, ‘‘En- ‘‘(iii) is furnished, to the greatest extent made by this section shall apply to services suring Quality Cancer Care’’, described the practicable, in a form that appropriately furnished on or after the first day of the first elements of quality care for an individual takes into account cultural and linguistic calendar year that begins after the date of with cancer to include— needs of the individual in order to make the the enactment of this Act. (A) the development of initial treatment plan accessible to the individual; and SEC. 102. DEMONSTRATION PROJECT TO PRO- recommendations by an experienced health ‘‘(iv) is in accordance with standards deter- VIDE COMPREHENSIVE CANCER care provider; mined by the Secretary to be appropriate; CARE SYMPTOM MANAGEMENT SERVICES UNDER MEDICARE. (B) the development of a plan for the ‘‘(B) with respect to an individual for (a) IN GENERAL.—Beginning not later than course of treatment of the individual and whom a plan of care has been developed 180 days after the date of the enactment of communication of the plan to the individual; under subparagraph (A), the revision of such this Act, the Secretary of Health and Human (C) access to the resources necessary to im- plan of care as necessary to account for any Services (in this section referred to as the plement the course of treatment; substantial change in the condition of the in- ‘‘Secretary’’) shall conduct a two-year dem- (D) access to high-quality clinical trials; dividual, if such revision— onstration project (in this section referred to (E) a mechanism to coordinate services for ‘‘(i) is in accordance with clauses (i) and as the ‘‘demonstration project’’) under title the treatment of the individual; and (iii) of such subparagraph; and XVIII of the Social Security Act under which (F) psychosocial support services and com- ‘‘(ii) is furnished in written form to the in- payment shall be made under such title for passionate care for the individual. dividual within a period specified by the Sec- comprehensive cancer care symptom man- (9) In its report, ‘‘From Cancer Patient to retary that is as soon as practicable after agement services, including items and serv- Cancer Survivor: Lost in Transition’’, the In- the date of such revision; ices described in subparagraphs (A) through stitute of Medicine recommended that indi- ‘‘(C) with respect to an individual who has (I) of section 1861(dd)(1) of the Social Secu- viduals with cancer completing primary completed the primary treatment for cancer, rity Act, furnished by an eligible entity, in treatment be provided a comprehensive sum- as defined by the Secretary (such as comple- accordance with a plan developed under sub- mary of their care along with a follow-up tion of chemotherapy or radiation treat- paragraph (A) or (C) of section 1861(ddd)(1) of survivorship plan of treatment. ment), the development of a follow-up cancer such Act, as added by section 101(a). Sections (10) Since more than half of all cancer di- care plan that— 1812(d) and 1814(a)(7) of such Act (42 U.S.C. agnoses occur among elderly Medicare bene- ‘‘(i) describes the elements of the primary 1395d(d), 1395f(a)(7)) are not applicable to ficiaries, the problems of providing cancer treatment, including symptom management, items and services furnished under the dem- care are problems of the Medicare program. furnished to such individual; onstration project. Participation of Medicare (11) Shortcomings in providing cancer care, ‘‘(ii) provides recommendations for the beneficiaries in the demonstration project resulting in inadequate management of can- subsequent care of the individual with re- shall be voluntary. cer symptoms and insufficient monitoring spect to the cancer involved; (b) QUALIFICATIONS AND SELECTION OF ELI- and treatment of late effects of cancer and ‘‘(iii) is furnished in written form to the in- GIBLE ENTITIES.— its treatment, are related to problems of dividual in person within a period specified (1) QUALIFICATIONS.—For purposes of sub- Medicare payments for such care, inadequate by the Secretary that is as soon as prac- section (a), the term ‘‘eligible entity’’ means

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an entity (such as a cancer center, hospital, used for expanding existing palliative care (b) APPLICATION.—To seek a grant under academic health center, hospice program, and symptom management programs. this section, an eligible entity shall submit physician practice, school of nursing, vis- (d) DEFINITIONS.—In this section: an application at such time, in such manner, iting nurse association, or other home health (1) The term ‘‘eligible entity’’ includes— and containing such information as the Sec- agency) that the Secretary determines is ca- (A) an academic medical center, a cancer retary may require. At a minimum, the Sec- pable, directly or through an arrangement center, a hospital, a school of nursing, or a retary shall require that each such applica- with a hospice program (as defined in section health system capable of administering a tion demonstrate— 1861(dd)(2) of the Social Security Act (42 palliative care and symptom management (1) experience in sponsoring continuing U.S.C. 1395x(dd)(2))), of providing the items program for cancer patients; professional education programs; and services described in such subsection. (B) a physician practice with care teams, (2) the ability to reach health care pro- (2) SELECTION.—The Secretary shall select including nurses and other professionals viders and other professionals who are en- not more than 10 eligible entities to partici- trained in palliative care and symptom man- gaged in cancer care; pate in the demonstration project. Such en- agement; (3) the capacity to develop innovative tities shall be selected in a manner so that (C) a visiting nurse association or other training programs; and the demonstration project is conducted in home care agency with experience admin- (4) the ability to evaluate the effectiveness different regions across the United States istering a palliative care and symptom man- of educational efforts. and in urban and rural locations. agement program; (c) EVALUATION.—The Secretary shall de- (c) EVALUATION AND REPORT.— (D) a hospice; and velop and implement a plan for evaluating (1) EVALUATION.—The Secretary shall con- (E) any other health care agency or entity, the effects of continuing professional edu- duct a comprehensive evaluation of the dem- as the Secretary determines appropriate. cation programs funded through this section. onstration project to determine— (2) The term ‘‘medically underserved com- (d) DEFINITIONS.—In this section: (A) the effectiveness of the project in im- munity’’ has the meeting given to that term (1) The term ‘‘eligible entity’’ means a can- proving patient outcomes; in section 799B(6) of the Public Health Serv- cer center (including an NCI-designated can- (B) the cost of providing comprehensive ice Act (42 U.S.C. 295p(6)). cer center), an academic health center, a symptom management, including palliative (3) The term ‘‘Secretary’’ means the Sec- school of nursing, or a professional society care, from the time of diagnosis; retary of Health and Human Services. that supports continuing professional edu- (C) the effect of comprehensive cancer care (e) AUTHORIZATION OF APPROPRIATIONS.—To cation programs. planning and the provision of comprehensive carry out this section, there are authorized (2) The term ‘‘NCI-designated cancer cen- symptom management on patient outcomes, to be appropriated such sums as may be nec- ter’’ means a cancer center receiving funds cancer care expenditures, and the utilization essary for each of the fiscal years 2009 through a P30 Cancer Center Support Grant of hospitalization and emergent care serv- through 2013. of the National Cancer Institute. ices; and (3) The term ‘‘qualified individual’’ means (D) potential savings to the Medicare pro- TITLE III—PROVIDER EDUCATION RE- a physician, nurse, social worker, chaplain, gram demonstrated by the project. GARDING PALLIATIVE CARE AND SYMP- psychologist, or other individual who is in- (2) REPORT.—Not later than the date that TOM MANAGEMENT. volved in providing palliative care and symp- is one year after the date on which the dem- SEC. 301. GRANTS TO IMPROVE HEALTH PROFES- tom management services to cancer pa- onstration project concludes, the Secretary SIONAL EDUCATION. tients. shall submit to Congress a report on the (a) IN GENERAL.—The Secretary of Health (4) The term ‘‘Secretary’’ means the Sec- evaluation conducted under paragraph (1). and Human Services shall make grants to el- retary of Health and Human Services. TITLE II—COMPREHENSIVE PALLIATIVE igible entities to enable the entities to im- (e) AUTHORIZATION OF APPROPRIATIONS.—To CARE AND SYMPTOM MANAGEMENT prove the quality of graduate and post- carry out this section, there are authorized PROGRAMS graduate training of physicians, nurses, and to be appropriated such sums as may be nec- other health care providers in palliative care essary for each of the fiscal years 2009 SEC. 201. GRANTS FOR COMPREHENSIVE PALLIA- and symptom management for cancer pa- TIVE CARE AND SYMPTOM MANAGE- through 2013. MENT PROGRAMS. tients. TITLE IV—RESEARCH ON END-OF-LIFE (a) IN GENERAL.—The Secretary of Health (b) APPLICATION.—To seek a grant under TOPICS FOR CANCER PATIENTS this section, an eligible entity shall submit and Human Services shall make grants to el- SEC. 401. RESEARCH PROGRAM. an application at such time, in such manner, igible entities for the purpose of— (a) IN GENERAL.—The Director of the Na- (1) establishing a new palliative care and and containing such information as the Sec- tional Institutes of Health shall establish a symptom management program for cancer retary may require. At a minimum, the Sec- program of grants for research on palliative patients; or retary shall require that each such applica- care, symptom management, communication (2) expanding an existing palliative care tion demonstrate— skills, and other end-of-life topics for cancer and symptom management program for can- (1) the ability to incorporate palliative patients. cer patients. care and symptom management into train- (b) INCLUSION OF NATIONAL RESEARCH INSTI- (b) AUTHORIZED ACTIVITIES.—Activities ing programs; and TUTES.—In carrying out the program estab- funded through a grant under this section (2) the ability to collect and analyze data lished under this section, the Director should may include— related to the effectiveness of educational ef- provide for the participation of the National (1) securing consultative services and ad- forts. Cancer Institute, the National Institute of vice from institutions with extensive experi- (c) EVALUATION.—The Secretary shall de- Nursing Research, and any other national re- ence in developing and managing comprehen- velop and implement a plan for evaluating search institute that has been engaged in re- sive palliative care and symptom manage- the effects of professional training programs search described in subsection (a). ment programs; funded through this section. (c) DEFINITIONS.—In this section: (2) expanding an existing program to serve (d) DEFINITIONS.—In this section: (1) The term ‘‘Director’’ means the Direc- more patients or enhance the range or qual- (1) The term ‘‘eligible entity’’ means a can- tor of the National Institutes of Health. ity of services, including cancer treatment cer center (including an NCI-designated can- (2) The term ‘‘national research institute’’ patient education services, that are pro- cer center), an academic health center, a has the meaning given to that term in sec- vided; physician practice, a school of nursing, or a tion 401(g) of the Public Health Service Act (3) developing a program that would ensure visiting nurse association or other home care (42 U.S.C. 281(g)). the inclusion of cancer treatment patient agency. (d) AUTHORIZATION OF APPROPRIATIONS.—To education in the coordinated cancer care (2) The term ‘‘NCI-designated cancer cen- carry out this section, there are authorized model; and ter’’ means a cancer center receiving funds to be appropriated such sums as may be nec- (4) establishing an outreach program to through a P30 Cancer Center Support Grant essary for each of the fiscal years 2009 partner with an existing comprehensive care of the National Cancer Institute. through 2013. program and obtain expert consultative serv- (3) The term ‘‘Secretary’’ means the Sec- f ices and advice. retary of Health and Human Services. (c) DISTRIBUTION OF FUNDS.—In making (e) AUTHORIZATION OF APPROPRIATIONS.—To SUBMITTED RESOLUTIONS grants and distributing the funds under this carry out this section, there are authorized section, the Secretary shall ensure that— to be appropriated such sums as may be nec- (1) two-thirds of the funds appropriated to essary for each of the fiscal years 2009 SENATE RESOLUTION 490—RECOG- carry out this section for each fiscal year are through 2013. NIZING THE ALVIN AILEY AMER- used for establishing new palliative care and SEC. 302. GRANTS TO IMPROVE CONTINUING ICAN DANCE THEATER FOR 50 symptom management programs, of which PROFESSIONAL EDUCATION. YEARS OF SERVICE TO THE PER- not less than half of such two-thirds shall be (a) IN GENERAL.—The Secretary of Health FORMING ARTS for programs in medically underserved com- and Human Services shall make grants to el- munities to address issues of racial and eth- igible entities to improve the quality of con- Mrs. CLINTON (for herself and Mr. nic disparities in access to cancer care; and tinuing professional education provided to SCHUMER) submitted the following res- (2) one-third of the funds appropriated to qualified individuals regarding palliative olution; which was referred to the carry out this section for each fiscal year are care and symptom management. Committee on the Judiciary:

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.024 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2237

S. RES. 490 ing world-class American modern dance to updated 100-year protection standard for the Whereas the Alvin Ailey American Dance an estimated 21,000,000 people around the greater New Orleans area by the 2011 hurri- Theater (AAADT) is widely recognized as one globe; cane season; of the world’s premier modern dance compa- (2) recognizes that AAADT has been a true Whereas, in accordance with section 7012(c) nies; pioneer in the world of dance by establishing of the Water Resources Development Act of Whereas AAADT is dedicated to promoting an extended cultural community that pro- 2007 (121 Stat. 1279), the Committee on Trans- the uniqueness of the African-American cul- vides dance performances, training, and com- portation and Infrastructure of the House of tural experience, to preserving the heritage munity programs to all people while using Representatives and the Committee on Envi- of modern dance, and to brining modern the beauty and humanity of the African- ronment and Public Works of the Senate dance to people around the globe; American heritage and other cultures to may adopt a resolution to allow for appro- Whereas, over its 50-year history, AAADT unite people of all ages, races, and back- priation of additional Federal funds that ex- has performed for an estimated 21,000,000 grounds; and ceed 25 percent of the authorized level for people in 48 States and in 71 countries on 6 (3) recognizes that Ailey II, the prestigious the activities identified in subsection (a) of continents; Ailey School, and the extensive and innova- that section; Whereas AAADT tours more than any tive Arts in Education and Community Pro- Whereas, the historic cost share for cur- other performing arts company in the world; grams of AAADT train future generations of rent and future work for the Southeast Lou- Whereas AAADT’s signature work, ‘‘Rev- dancers and choreographers while continuing isiana Project is 75 percent Federal and 25 elations’’, has been seen by more people to expose young people from communities percent non-Federal, in accordance with sec- around the globe than any other work of large and small to the arts. tion 533(d) of the Water Resources Develop- dance; f ment Act of 1996 (110 Stat. 3775), as recon- Whereas AAADT performs works by both firmed by Congress in subsequent supple- emerging and established choreographers SENATE RESOLUTION 491—RECOG- mental legislation related to the 2005 hurri- from throughout the United States and the NIZING THE NEED AND IMPOR- canes; and world; TANCE OF PROVIDING ADDI- Whereas, the historic cost share for the Whereas AAADT’s home in New York City, TIONAL FEDERAL FUNDS FOR Lake Pontchartrain and Vicinity project is The Joan Weill Center for Dance, is the larg- THE SECRETARY OF THE ARMY 70 percent Federal and 30 percent non-Fed- est facility dedicated exclusively to dance in TO CARRY OUT HURRICANE, eral, in accordance with section 204 of the the United States; Flood Control Act of 1965 (79 Stat. 1077), as COASTAL, AND FLOOD PROTEC- reconfirmed by Congress in subsequent sup- Whereas Alvin Ailey, founder of AAADT, TION AND HURRICANE AND received the United Nations Peace Medal in plemental legislation: 1982; FLOOD DAMAGE REDUCTION AC- Now, therefore, be it Whereas President George W. Bush recog- TIVITIES AND RELATED FEA- Resolved, That the Senate— nized AAADT and Artistic Director Judith TURES IN THE STATE OF LOU- (1) recognizes the urgency for Congress to Jamison with the National Medal of Arts in ISIANA approve additional Federal funds required by 2001, making AAADT the first dance com- the Corps of Engineers by October 1, 2008, to Mr. VITTER submitted the following complete hurricane, coastal, and flood pro- pany to be so honored; resolution; which was referred to the Whereas AAADT has performed for United tection and hurricane and flood damage re- States Presidents and foreign leaders Committee on Environment and Public duction activities and related features to throughout the company’s 50-year history, Works: meet the President’s commitment to com- including performances in 1968 for President S. RES. 491 plete the Corps of Engineers work necessary for the updated 100-year protection standard Johnson, in 1977 at the inaugural gala for Whereas the restoration of the infrastruc- for the greater New Orleans area by the 2011 President Carter, in 1993 at the inaugural ture, hurricane, flood protection, ecosystem, hurricane season; and gala for President Clinton, and in 2003 at a and habitat of the State of Louisiana is crit- (2) finds that, given the significance and state dinner honoring President Mwai Kibaki ical to the United States economy because— of Kenya; (1) Louisiana is the key to United States consequences of the 2005 Hurricanes Katrina Whereas, over the years, AAADT has energy security, providing nearly 30 percent and Rita, the additional Federal funds to re- brought the culture of the United States to of the energy required to power the United duce the risk to the greater New Orleans, audiences around the world with perform- States economy; Louisiana, area from storm surges and to ances at such historic events as the Rio de (2) Louisiana provides more than 25 per- provide at least an updated 100-year protec- Janeiro International Arts Festival in 1963, cent of the seafood consumed in the United tion standard and address associated flood the first Negro Arts Festival in Dakar, Sen- States; protection needs shall be carried out at full egal, in 1966, the fabled New Year’s Eve per- (3) Louisiana provides the largest port sys- Federal expense. formance for the Crown Prince of Morocco in tem in the world (having 5 of 15 ports with f 1978, the Paris Centennial performance at the most total tonnage of all ports in the SENATE RESOLUTION 492—AMEND- the Grand Palais Theatre in 1989, 2 unprece- United States); and dented engagements in South Africa in 1997 (4) more than 36 States depend on mari- ING THE MAJORITY PARTY’S and 1998, the 1996 and 2002 Olympic Games, time commerce on waterways in Louisiana MEMBERSHIP ON THE SELECT the 2005 Stars of the White Nights festival in to receive goods and services; COMMITTEE ON ETHICS FOR THE St. Petersburg, Russia, and the 2006 Les e´te´s Whereas, in 2005, Hurricanes Katrina and REMAINDER OF THE 110TH CON- de la danse de Paris festival in Paris, France; Rita devastated Louisiana, causing the death GRESS Whereas AAADT annually provides more of more than 1,400, the loss of 217 square than 100,000 young people from diverse cul- miles of coastal land and wetlands, and de- Mr. REID submitted the following tural, social, and economic backgrounds stroyed the integrity and performance of the resolution; which was considered and with the opportunity to explore their cre- hurricane protection system; agreed to: ative potential and build their self-esteem Whereas in Louisiana Hurricanes Katrina S. RES. 492 through its Arts in Education and Commu- and Rita initially caused the evacuation and Resolved, That Senate Resolution 27 (110th nity Programs, which includes 9 AileyCamps displacement of 1,300,000 residents of Lou- Congress) is amended, effective January 1, in cities across the United States; isiana, destroyed more than 200,000 homes, 40 2008, by striking all from ‘‘ETHICS:’’ Whereas Ailey II, the junior company to schools, and 10 hospitals, damaged 835 through ‘‘72a–1f’’ and inserting ‘‘ETHICS: AAADT, reaches more than 69,000 people schools, flooded more than 16,000 businesses, Mrs. Boxer (Chairman), Mr. Pryor, and Mr. each year through its inspiring performances caused the loss of 179,000 jobs, and resulted in Salazar’’ and outreach activities while touring to property losses of more than $100,000,000,000 smaller communities in more than 50 North in the State; f American cities; and Whereas Louisiana had a reduction in NOTICES OF HEARINGS Whereas the Ailey School, accredited by gross State product of $7,400,000,000 during the National Association of Schools of the period beginning on the date of occur- COMMITTEE ON ENERGY AND NATURAL Dance, provides the highest quality training rence of Hurricane Katrina and ending on RESOURCES consistent with the professional standards of June 30, 2006; Mr. BINGAMAN. Mr. President, I AAADT, including a Certificate Program, a Whereas Federal funds are needed, in addi- would like to announce for the infor- Fellowship Program, and a Bachelor of Fine tion to the fiscal year 2009 budget request of mation of the Senate and the public Arts degree program in conjunction with the President, to reduce the risk to the that a hearing has been scheduled be- Fordham University: Now, therefore, be it greater New Orleans, Louisiana, area from fore the Senate Committee on Energy Resolved, That the Senate— storm surges to provide at least an updated (1) recognizes and commends the Alvin 100-year protection standard and address as- and Natural Resources. Ailey American Dance Theater (AAADT) for sociated flood protection needs to meet the The hearing will be held on Tuesday, 50 years of service as a cultural ambassador President’s commitment to complete the April 15, 2008, at 10 a.m. in room SD–366 of the United States to the world, by bring- Corps of Engineers work necessary for the of the Dirksen Senate Office Building.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.023 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2238 CONGRESSIONAL RECORD — SENATE March 31, 2008 The purpose of this hearing is to con- District Southern Riverside County Sec. 214. Discretionary administrative ex- sider S. 2438, a bill to repeal certain Recycled/Non-Potable Distribution Fa- penses of the Postal Service. provisions of the Federal Lands Recre- cilities and Demineralization/Desalina- Subtitle C—Other Provisions ation Enhancement Act. tion Recycled Water Treatment and Sec. 221. Application and effect of changes Because of the limited time available Reclamation Facility Project; H.R. in allocations and aggregates. for the hearing, witnesses may testify 1737, to amend the Reclamation Waste- Sec. 222. Adjustments to reflect changes in by invitation only. However, those water and Groundwater Study and Fa- concepts and definitions. wishing to submit written testimony Sec. 223. Debt disclosure requirement. cilities Act to authorize the Secretary Sec. 224. Debt disclosures. for the hearing record should send it to of the Interior to participate in the de- Sec. 225. Exercise of rulemaking powers. the Committee on Energy and Natural sign, planning, and construction of per- Sec. 226. Circuit breaker to protect social Resources, United States Senate, manent facilities for the GREAT security. Washington, DC 20510–6150, or by e-mail project to reclaim, reuse, and treat im- TITLE III—RESERVE FUNDS _ to rachel pasternack@energy paired waters in the area of Oxnard, Sec. 301. Deficit-neutral reserve fund to .senate.gov. California; and H.R. 2614, to amend the strengthen and stimulate the For further information, please con- Reclamation Wastewater and Ground- American economy and provide tact Rachel Pasternack at (202) 224–0883 water Study and Facilities Act to au- economic relief to American or David Brooks at 202–224–9863. thorize the Secretary of the Interior to families. SUBCOMMITTEE ON WATER AND POWER participate in certain water projects in Sec. 302. Deficit-neutral reserve fund for im- proving education. Mr. BINGAMAN. Mr. President, I California. would like to announce for the infor- Sec. 303. Deficit-neutral reserve fund for in- Because of the limited time available vestments in America’s infra- mation of the Senate and the public for the hearing, witnesses may testify structure. that a hearing has been scheduled be- by invitation only. However, those Sec. 304. Deficit-neutral reserve fund to in- fore the Subcommittee on Water and wishing to submit written testimony vest in clean energy, preserve Power of the Committee on Energy and for the hearing record should send it to the environment, and provide Natural Resources. The hearing will be the Committee on Energy and Natural for certain settlements. Sec. 305. Deficit-neutral reserve fund for held on April 8, 2008, at 2:30 p.m. in Resources, United States Senate, room 366 of the Dirksen Senate Office America’s veterans and wound- Washington, DC 20510–6150, or by email ed servicemembers and for a Building in Washington, DC. to [email protected]. The purpose of the hearing is to re- post 9/11 GI bill. For further information, please con- Sec. 306. Deficit-neutral reserve fund to im- ceive testimony on the following bills: tact Michael Connor at (202) 224–5479 or prove America’s health. S. 2259/H.R. 813, to amend the Reclama- Gina Weinstock at (202) 224–5684. Sec. 307. Sense of the Senate regarding Med- tion Wastewater and Groundwater icaid administrative regula- f Study and Facilities Act to authorize tions. the Secretary of the Interior to partici- CONGRESSIONAL BUDGET FOR Sec. 308. Deficit-neutral reserve fund for ju- pate in the Prado Basin Natural Treat- THE UNITED STATES GOVERN- dicial pay and judgeships. ment System Project, to authorize the MENT FOR FISCAL YEAR 2009 Sec. 309. Deficit-neutral reserve fund for re- forming the alternative min- Secretary to participate in the Lower On Thursday, March 13, 2008, the Sen- imum tax for individuals. Chino Dairy Area desalination dem- ate agreed to S. Con. Res. 70, as amend- Sec. 310. Deficit-neutral reserve fund for re- onstration and reclamation project, ed, as follows: pealing the 1993 increase in the and for other purposes; H.R. 31, to S. CON. RES. 70 income tax on social security benefits. amend the Reclamation Wastewater Resolved by the Senate (the House of Rep- Sec. 311. Deficit-neutral reserve fund to im- and Groundwater Study and Facilities resentatives concurring), Act to authorize the Secretary of the prove energy efficiency and pro- SECTION 1. CONCURRENT RESOLUTION ON THE duction. Interior to participate in the Elsinore BUDGET FOR FISCAL YEAR 2009. Sec. 312. Deficit-neutral reserve fund for im- (a) DECLARATION.—Congress declares that Valley Municipal Water District migration reform and enforce- this resolution is the concurrent resolution Wildomar Service Area Recycled Water ment. on the budget for fiscal year 2009 and that Distribution Facilities and Alberhill Sec. 313. Deficit-neutral reserve fund for this resolution sets forth the appropriate Wastewater Treatment and Reclama- border security, immigration budgetary levels for fiscal years 2008 and 2010 enforcement, and criminal alien tion Facility Projects; H.R. 716, to through 2013. removal programs. amend the Reclamation Wastewater (b) TABLE OF CONTENTS.—The table of con- Sec. 314. Deficit-neutral reserve fund for and Groundwater Study and Facilities tents for this concurrent resolution is as fol- science parks. lows: Act to authorize the Secretary of the Sec. 315. Deficit-neutral reserve fund for 3- Interior to participate in the Santa Sec. 1. Concurrent resolution on the budget year extension of pilot program Rosa Urban Water Reuse Plan; H.R. for fiscal year 2009. for national and state back- 786, to amend the Reclamation Waste- TITLE I—RECOMMENDED LEVELS AND ground checks on direct patient water and Groundwater Study and Fa- AMOUNTS access employees of long-term cilities Act to authorize the Secretary Sec. 101. Recommended levels and amounts. care facilities or providers. of the Interior to participate in the Los Sec. 102. Social Security. Sec. 316. Deficit-neutral reserve fund for Angeles County Water Supply Aug- Sec. 103. Postal Service discretionary ad- studying the effect of coopera- ministrative expenses. tion with local law enforce- mentation Demonstration Project, and Sec. 104. Major functional categories. ment. for other purposes; H.R. 1140, to author- TITLE II—BUDGET PROCESS Sec. 317. Deficit-neutral reserve fund to ter- ize the Secretary, in cooperation with minate deductions from min- Subtitle A—Direct Spending and Receipts the City of San Juan Capistrano, Cali- eral revenue payments to fornia, to participate in the design, Sec. 201. Senate point of order against legis- States. lation increasing long-term Sec. 318. Deficit-neutral reserve fund for the planning, and construction of an ad- deficits. vanced water treatment plant facility establishment of State Internet Sec. 202. Point of order—20 percent limit on sites for the disclosure of infor- and recycled water system, and for new direct spending in rec- mation relating to payments other purposes; H.R. 1503, to amend the onciliation legislation. made under the State Medicaid Reclamation Wastewater and Ground- Subtitle B—Discretionary Spending program. water Study and Facilities Act to au- Sec. 211. Discretionary spending limits, pro- Sec. 319. Deficit-neutral reserve fund for thorize the Secretary of the Interior to gram integrity initiatives, and traumatic brain injury. participate in the Avra/Black Wash other adjustments. Sec. 320. Deficit-neutral reserve fund to im- Reclamation and Riparian Restoration Sec. 212. Point of order against advance ap- prove animal health and disease Project; H.R. 1725, to amend the Rec- propriations. program. Sec. 213. Senate point of order against provi- Sec. 321. Deficit-neutral reserve fund for im- lamation Wastewater and Groundwater sions of appropriations legisla- plementation of Yellow Ribbon Study and Facilities Act to authorize tion that constitute changes in Reintegration Program for the Secretary of the Interior to partici- mandatory programs with net members of the National Guard pate in the Rancho California Water costs. and Reserve.

VerDate Aug 31 2005 04:07 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0655 E:\CR\FM\A31MR6.032 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2239 Sec. 322. Deficit-neutral reserve fund for re- Fiscal year 2008: $2,579,255,000,000. Fiscal year 2011: imbursing States for the costs Fiscal year 2009: $2,533,754,000,000. (A) New budget authority, $5,788,000,000. of housing undocumented Fiscal year 2010: $2,555,400,000,000. (B) Outlays, $5,759,000,000. criminal aliens. Fiscal year 2011: $2,687,858,000,000. Fiscal year 2012: Sec. 323. Deficit-neutral reserve fund for ac- Fiscal year 2012: $2,731,412,000,000. (A) New budget authority, $5,962,000,000. celeration of phased-in eligi- Fiscal year 2013: $2,860,070,000,000. (B) Outlays, $5,932,000,000. bility for concurrent receipt of (3) BUDGET OUTLAYS.—For purposes of the Fiscal year 2013: benefits. enforcement of this resolution, the appro- (A) New budget authority, $6,147,000,000. Sec. 324. Deficit-neutral reserve fund for in- priate levels of total budget outlays are as (B) Outlays, $6,115,000,000. creased use of recovery audits. follows: SEC. 103. POSTAL SERVICE DISCRETIONARY AD- Sec. 325. Deficit-neutral reserve fund for Fiscal year 2008: $2,476,755,000,000. MINISTRATIVE EXPENSES. food safety. Fiscal year 2009: $2,575,733,417,000. In the Senate, the amounts of new budget Sec. 326. Deficit-neutral reserve fund for Fiscal year 2010: $2,616,367,415,000. authority and budget outlays of the Postal demonstration project regard- Fiscal year 2011: $2,709,059,134,000. Service for discretionary administrative ex- ing Medicaid coverage of low- Fiscal year 2012: $2,722,339,034,000. penses are as follows: income HIV-infected individ- Fiscal year 2013: $2,852,077,000,000. Fiscal year 2008: uals. (4) DEFICITS.—For purposes of the enforce- (A) New budget authority, $250,000,000. Sec. 327. Deficit-neutral reserve fund for re- ment of this resolution, the amounts of the (B) Outlays, $237,000,000. ducing income threshold for re- deficits are as follows: Fiscal year 2009: fundable child tax credit to Fiscal year 2008: $604,867,000,000. (A) New budget authority, $258,000,000. $10,000 with no inflation adjust- Fiscal year 2009: $563,610,417,000. (B) Outlays, $258,000,000. ment. Fiscal year 2010: $418,108,415,000. Fiscal year 2010: Sec. 328. Sense of the Senate regarding the Fiscal year 2011: $304,908,134,000. (A) New budget authority, $267,000,000. diversion of funds set aside for Fiscal year 2012: $233,666,034,000. (B) Outlays, $267,000,000. USPTO. Fiscal year 2013: $239,064,000,000. Sec. 329. Deficit-neutral reserve fund for Fiscal year 2011: (5) PUBLIC DEBT.—Pursuant to section education reform. (A) New budget authority, $275,000,000. Sec. 330. Deficit-neutral reserve fund for 301(a)(5) of the Congressional Budget Act of (B) Outlays, $275,000,000. processing naturalization appli- 1974, the appropriate levels of the public debt Fiscal year 2012: cations. are as follows: (A) New budget authority, $284,000,000. Sec. 331. Deficit-neutral reserve fund for ac- Fiscal year 2008: $9,618,792,000,000. (B) Outlays, $284,000,000. cess to quality and affordable Fiscal year 2009: $10,278,552,417,000. Fiscal year 2013: health insurance. Fiscal year 2010: $10,805,195,832,000. (A) New budget authority, $293,000,000. Sec. 332. Deficit-neutral reserve fund for a 9/ Fiscal year 2011: $11,215,113,966,000. (B) Outlays, $293,000,000. 11 health program. Fiscal year 2012: $11,580,563,000,000. SEC. 104. MAJOR FUNCTIONAL CATEGORIES. Sec. 333. Deficit-neutral reserve fund to ban Fiscal year 2013: $11,934,375,000,000. Congress determines and declares that the medicare advantage and pre- (6) DEBT HELD BY THE PUBLIC.—The appro- appropriate levels of new budget authority scription drug plan sales and priate levels of debt held by the public are as and outlays for fiscal years 2008 through 2013 marketing abuses. follows: for each major functional category are: Sec. 334. Sense of the Senate regarding ex- Fiscal year 2008: $5,418,643,000,000. (1) National Defense (050): tending the ‘‘Moving to Work Fiscal year 2009: $5,803,409,417,000. Fiscal year 2008: Agreement’’ between the Phila- Fiscal year 2010: $6,032,754,832,000. (A) New budget authority, $693,273,000,000. delphia Housing Authority and Fiscal year 2011: $6,129,282,966,000. (B) Outlays, $604,289,000,000. the U.S. Department of Housing Fiscal year 2012: $6,141,593,000,000. Fiscal year 2009: and Urban Development under Fiscal year 2013: $6,153,706,000,000. (A) New budget authority, $612,502,000,000. the same terms and conditions SEC. 102. SOCIAL SECURITY. (B) Outlays, $645,437,000,000. for a period of one year. (a) SOCIAL SECURITY REVENUES.—For pur- Fiscal year 2010: Sec. 335. Sense of the Senate regarding a poses of Senate enforcement under sections (A) New budget authority, $550,414,000,000. balanced budget amendment to 302 and 311 of the Congressional Budget Act (B) Outlays, $607,033,000,000. the constitution of the United of 1974, the amounts of revenues of the Fed- Fiscal year 2011: States. eral Old-Age and Survivors Insurance Trust (A) New budget authority, $557,026,000,000. Sec. 336. Sense of the Senate regarding the Fund and the Federal Disability Insurance (B) Outlays, $577,925,000,000. need for comprehensive legisla- Trust Fund are as follows: Fiscal year 2012: tion to legalize the importation Fiscal year 2008: $666,705,000,000. (A) New budget authority, $565,800,000,000. of prescription drugs from high- Fiscal year 2009: $695,876,000,000. (B) Outlays, $561,666,000,000. ly industrialized countries with Fiscal year 2010: $733,571,000,000. Fiscal year 2013: safe pharmaceutical infrastruc- Fiscal year 2011: $772,468,000,000. (A) New budget authority, $576,223,000,000. tures. Fiscal year 2012: $809,798,000,000. (B) Outlays, $570,503,000,000. TITLE I—RECOMMENDED LEVELS AND Fiscal year 2013: $845,044,000,000. (2) International Affairs (150): AMOUNTS (b) SOCIAL SECURITY OUTLAYS.—For pur- Fiscal year 2008: SEC. 101. RECOMMENDED LEVELS AND poses of Senate enforcement under sections (A) New budget authority, $38,608,000,000. AMOUNTS. 302 and 311 of the Congressional Budget Act (B) Outlays, $33,771,000,000. The following budgetary levels are appro- of 1974, the amounts of outlays of the Fed- Fiscal year 2009: priate for each of fiscal years 2008 through eral Old-Age and Survivors Insurance Trust (A) New budget authority, $38,609,416,000. 2013: Fund and the Federal Disability Insurance (B) Outlays, $39,449,416,000. (1) FEDERAL REVENUES.—For purposes of Trust Fund are as follows: Fiscal year 2010: the enforcement of this resolution: Fiscal year 2008: $463,746,000,000. (A) New budget authority, $35,663,000,000. (A) The recommended levels of Federal Fiscal year 2009: $493,607,000,000. (B) Outlays, $37,040,000,000. revenues are as follows: Fiscal year 2010: $520,158,000,000. Fiscal year 2011: Fiscal year 2008: $1,871,888,000,000. Fiscal year 2011: $540,487,000,000. (A) New budget authority, $36,322,000,000. Fiscal year 2009: $2,012,123,000,000. Fiscal year 2012: $566,249,000,000. (B) Outlays, $35,932,000,000. Fiscal year 2010: $2,198,259,000,000. Fiscal year 2013: $595,544,000,000. Fiscal year 2012: Fiscal year 2011: $2,404,151,000,000. (c) SOCIAL SECURITY ADMINISTRATIVE EX- (A) New budget authority, $36,866,000,000. Fiscal year 2012: $2,488,673,000,000. PENSES.—In the Senate, the amounts of new (B) Outlays, $35,705,000,000. Fiscal year 2013: $2,613,013,000,000. budget authority and budget outlays of the Fiscal year 2013: (B) The amounts by which the aggregate Federal Old-Age and Survivors Insurance (A) New budget authority, $37,024,000,000. levels of Federal revenues should be changed Trust Fund and the Federal Disability Insur- (B) Outlays, $35,243,000,000. are as follows: ance Trust Fund for administrative expenses (3) General Science, Space, and Technology Fiscal year 2008: –$7,652,000,000. are as follows: (250): Fiscal year 2009: –$85,001,000,000. Fiscal year 2008: Fiscal year 2008: Fiscal year 2010: $15,395,000,000. (A) New budget authority, $5,160,000,000. (A) New budget authority, $27,407,000,000. Fiscal year 2011: –$23,874,000,000. (B) Outlays, $4,989,000,000. (B) Outlays, $26,456,000,000. Fiscal year 2012: –$164,642,000,000. Fiscal year 2009: Fiscal year 2009: Fiscal year 2013: –$141,727,000,000. (A) New budget authority, $5,473,000,000. (A) New budget authority, $30,536,000,000. (2) NEW BUDGET AUTHORITY.—For purposes (B) Outlays, $5,476,000,000. (B) Outlays, $28,987,000,000. of the enforcement of this resolution, the ap- Fiscal year 2010: Fiscal year 2010: propriate levels of total new budget author- (A) New budget authority, $5,623,000,000. (A) New budget authority, $30,369,000,000. ity are as follows: (B) Outlays, $5,581,000,000. (B) Outlays, $30,490,000,000.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.027 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2240 CONGRESSIONAL RECORD — SENATE March 31, 2008 Fiscal year 2011: (A) New budget authority, $87,289,000,000. (B) Outlays, $494,305,000,000. (A) New budget authority, $30,848,000,000. (B) Outlays, $81,370,000,000. Fiscal year 2012: (B) Outlays, $31,167,000,000. Fiscal year 2009: (A) New budget authority, $491,399,000,000. Fiscal year 2012: (A) New budget authority, $75,131,000,000. (B) Outlays, $491,163,000,000. (A) New budget authority, $31,332,000,000. (B) Outlays, $83,311,000,000. Fiscal year 2013: (B) Outlays, $31,650,000,000. Fiscal year 2010: (A) New budget authority, $551,039,000,000. Fiscal year 2013: (A) New budget authority, $78,075,000,000. (B) Outlays, $551,161,000,000. (A) New budget authority, $31,816,000,000. (B) Outlays, $85,504,000,000. (13) Income Security (600): (B) Outlays, $31,635,000,000. Fiscal year 2011: Fiscal year 2008: (4) Energy (270): (A) New budget authority, $78,913,000,000. (A) New budget authority, $393,591,000,000. Fiscal year 2008: (B) Outlays, $86,779,000,000. (B) Outlays, $394,613,000,000. (A) New budget authority, $3,548,000,000. Fiscal year 2012: Fiscal year 2009: (B) Outlays, $1,681,000,000. (A) New budget authority, $79,763,000,000. (A) New budget authority, $414,369,000,000. Fiscal year 2009: (B) Outlays, $88,515,000,000. (B) Outlays, $419,023,200,000. (A) New budget authority, $7,026,000,000. Fiscal year 2013: Fiscal year 2010: (B) Outlays, $2,843,000,000. (A) New budget authority, $80,640,000,000. (A) New budget authority, $416,322,000,000. Fiscal year 2010: (B) Outlays, $90,534,000,000. (B) Outlays, $418,871,200,000. (A) New budget authority, $6,935,000,000. (9) Community and Regional Development Fiscal year 2011: (B) Outlays, $4,533,000,000. (450): (A) New budget authority, $425,435,000,000. Fiscal year 2011: Fiscal year 2008: (B) Outlays, $426,242,100,000. (A) New budget authority, $6,916,000,000. (A) New budget authority, $20,029,000,000. Fiscal year 2012: (B) Outlays, $5,481,000,000. (B) Outlays, $27,819,000,000. (A) New budget authority, $411,468,000,000. Fiscal year 2012: Fiscal year 2009: (B) Outlays, $411,597,000,000. (A) New budget authority, $6,895,000,000. (A) New budget authority, $15,195,000,000. Fiscal year 2013: (B) Outlays, $5,981,000,000. (B) Outlays, $24,486,700,000. (A) New budget authority, $426,718,000,000. Fiscal year 2013: Fiscal year 2010: (B) Outlays, $426,611,400,000. (A) New budget authority, $6,858,000,000. (A) New budget authority, $15,265,000,000. (14) Social Security (650): (B) Outlays, $6,159,000,000. (B) Outlays, $22,115,400,000. Fiscal year 2008: (5) Natural Resources and Environment Fiscal year 2011: (A) New budget authority, $19,378,000,000. (300): (A) New budget authority, $15,503,000,000. (B) Outlays, $19,378,000,000. Fiscal year 2008: (B) Outlays, $18,240,900,000. Fiscal year 2009: (A) New budget authority, $32,560,000,000. Fiscal year 2012: (A) New budget authority, $21,308,000,000. (B) Outlays, $34,440,000,000. (A) New budget authority, $15,746,000,000. (B) Outlays, $21,308,000,000. Fiscal year 2009: (B) Outlays, $16,186,800,000. Fiscal year 2010: (A) New budget authority, $39,835,000,000. Fiscal year 2013: (A) New budget authority, $23,794,000,000. (B) Outlays, $36,309,500,000. (A) New budget authority, $15,979,000,000. (B) Outlays, $23,794,000,000. Fiscal year 2010: (B) Outlays, $15,872,800,000. Fiscal year 2011: (A) New budget authority, $34,730,000,000. (10) Education, Training, Employment, and (A) New budget authority, $27,330,000,000. (B) Outlays, $37,039,000,000. Social Services (500): (B) Outlays, $27,330,000,000. Fiscal year 2011: Fiscal year 2008: Fiscal year 2012: (A) New budget authority, $35,424,000,000. (A) New budget authority, $91,381,000,000. (A) New budget authority, $30,342,000,000. (B) Outlays, $37,217,875,000. (B) Outlays, $90,912,000,000. (B) Outlays, $30,342,000,000. Fiscal year 2012: Fiscal year 2009: Fiscal year 2013: (A) New budget authority, $36,111,000,000. (A) New budget authority, $94,679,670,000. (A) New budget authority, $33,162,000,000. (B) Outlays, $37,394,875,000. (B) Outlays, $91,253,020,000. (B) Outlays, $33,162,000,000. Fiscal year 2013: Fiscal year 2010: (15) Veterans Benefits and Services (700): (A) New budget authority, $36,812,000,000. (A) New budget authority, $103,891,000,000. Fiscal year 2008: (B) Outlays, $37,756,875,000. (B) Outlays, $98,615,482,000. (A) New budget authority, $86,365,000,000. (6) Agriculture (350): Fiscal year 2011: (B) Outlays, $83,551,000,000. Fiscal year 2008: (A) New budget authority, $106,486,000,000. Fiscal year 2009: (A) New budget authority, $22,423,000,000. (B) Outlays, $103,806,534,000. (A) New budget authority, $93,319,584,000. (B) Outlays, $21,495,000,000. Fiscal year 2012: (B) Outlays, $92,397,584,000. Fiscal year 2009: (A) New budget authority, $108,255,000,000. Fiscal year 2010: (A) New budget authority, $21,377,000,000. (B) Outlays, $104,904,034,000. (A) New budget authority, $95,615,000,000. (B) Outlays, $21,127,000,000. Fiscal year 2013: (B) Outlays, $95,399,000,000. Fiscal year 2010: (A) New budget authority, $101,660,000,000. Fiscal year 2011: (A) New budget authority, $21,532,000,000. (B) Outlays, $103,626,000,000. (A) New budget authority, $100,959,000,000. (B) Outlays, $20,501,000,000. (11) Health (550): (B) Outlays, $100,749,000,000. Fiscal year 2011: Fiscal year 2008: Fiscal year 2012: (A) New budget authority, $21,665,000,000. (A) New budget authority, $286,108,000,000. (A) New budget authority, $97,782,000,000. (B) Outlays, $20,659,000,000. (B) Outlays, $287,211,000,000. (B) Outlays, $97,064,000,000. Fiscal year 2012: Fiscal year 2009: Fiscal year 2013: (A) New budget authority, $21,994,000,000. (A) New budget authority, $313,109,000,000. (A) New budget authority, $103,241,000,000. (B) Outlays, $21,176,000,000. (B) Outlays, $310,603,000,000. (B) Outlays, $102,521,000,000. Fiscal year 2013: Fiscal year 2010: (16) Administration of Justice (750): (A) New budget authority, $22,307,000,000. (A) New budget authority, $324,863,000,000. Fiscal year 2008: (B) Outlays, $21,513,000,000. (B) Outlays, $325,576,000,000. (A) New budget authority, $46,282,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2011: (B) Outlays, $44,322,000,000. Fiscal year 2008: (A) New budget authority, $345,558,000,000. Fiscal year 2009: (A) New budget authority, $11,516,000,000. (B) Outlays, $344,795,000,000. (A) New budget authority, $49,432,330,000. (B) Outlays, $5,441,000,000. Fiscal year 2012: (B) Outlays, $46,896,297,000. Fiscal year 2009: (A) New budget authority, $368,273,000,000. Fiscal year 2010: (A) New budget authority, $9,350,000,000. (B) Outlays, $367,110,000,000. (A) New budget authority, $48,018,000,000. (B) Outlays, $3,764,000,000. Fiscal year 2013: (B) Outlays, $49,714,333,000. Fiscal year 2010: (A) New budget authority, $393,283,000,000. Fiscal year 2011: (A) New budget authority, $11,133,000,000. (B) Outlays, $391,805,000,000. (A) New budget authority, $48,907,000,000. (B) Outlays, $3,562,000,000. (12) Medicare (570): (B) Outlays, $50,113,500,000. Fiscal year 2011: Fiscal year 2008: Fiscal year 2012: (A) New budget authority, $7,713,000,000. (A) New budget authority, $390,458,000,000. (A) New budget authority, $49,819,000,000. (B) Outlays, $824,000,000. (B) Outlays, $390,454,000,000. (B) Outlays, $50,089,000,000. Fiscal year 2012: Fiscal year 2009: Fiscal year 2013: (A) New budget authority, $8,028,000,000. (A) New budget authority, $420,389,000,000. (A) New budget authority, $50,768,000,000. (B) Outlays, $492,000,000. (B) Outlays, $420,150,000,000. (B) Outlays, $50,706,000,000. Fiscal year 2013: Fiscal year 2010: (17) General Government (800): (A) New budget authority, $8,254,000,000. (A) New budget authority, $445,380,000,000. Fiscal year 2008: (B) Outlays, $195,000,000. (B) Outlays, $445,513,000,000. (A) New budget authority, $56,407,000,000. (8) Transportation (400): Fiscal year 2011: (B) Outlays, $56,920,000,000. Fiscal year 2008: (A) New budget authority, $494,477,000,000. Fiscal year 2009:

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.027 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2241 (A) New budget authority, $24,477,000,000. the 4 consecutive 10-year periods beginning the affirmative vote of three-fifths of the (B) Outlays, $24,435,000,000. with the first fiscal year that is 10 years Members, duly chosen and sworn. Fiscal year 2010: after the budget year provided for in the (B) APPEALS.—Appeals in the Senate from (A) New budget authority, $19,972,000,000. most recently adopted concurrent resolution the decisions of the Chair relating to any (B) Outlays, $20,172,000,000. on the budget. provision of this subsection shall be limited Fiscal year 2011: (b) POINT OF ORDER.—It shall not be in to 1 hour, to be equally divided between, and (A) New budget authority, $20,395,000,000. order in the Senate to consider any bill, controlled by, the appellant and the manager (B) Outlays, $20,407,000,000. joint resolution, amendment, motion, or con- of the bill or joint resolution. An affirmative Fiscal year 2012: ference report that would cause a net in- vote of three-fifths of the Members of the (A) New budget authority, $20,796,000,000. crease in deficits in excess of $0 in any of the Senate, duly chosen and sworn, shall be re- (B) Outlays, $20,940,000,000. 4 consecutive 10-year periods described in quired to sustain an appeal of the ruling of Fiscal year 2013: subsection (a). the Chair on a point of order raised under (A) New budget authority, $21,107,000,000. (c) SUPERMAJORITY WAIVER AND APPEAL IN this subsection. (B) Outlays, $20,991,000,000. THE SENATE.— (b) SENATE DISCRETIONARY SPENDING LIM- (18) Net Interest (900): (1) WAIVER.—This section may be waived or ITS.—In the Senate and as used in this sec- Fiscal year 2008: suspended only by the affirmative vote of tion, the term ‘‘discretionary spending (A) New budget authority, $349,462,000,000. three-fifths of the Members, duly chosen and limit’’ means— (B) Outlays, $349,462,000,000. sworn. (1) for fiscal year 2008, $1,055,478,000,000 in Fiscal year 2009: (2) APPEAL.—An affirmative vote of three- new budget authority and $1,093,343,000,000 in (A) New budget authority, $335,110,000,000. fifths of the Members, duly chosen and outlays; and (B) Outlays, $335,110,000,000. sworn, shall be required to sustain an appeal (2) for fiscal year 2009, $1,008,482,000,000 in Fiscal year 2010: of the ruling of the Chair on a point of order new budget authority and $1,108,449,000,000 in (A) New budget authority, $372,253,000,000. raised under this section. outlays; (B) Outlays, $372,253,000,000. (d) DETERMINATIONS OF BUDGET LEVELS.— as adjusted in conformance with the adjust- Fiscal year 2011: For purposes of this section, the levels of net ment procedures in subsection (c). (A) New budget authority, $409,810,000,000. deficit increases shall be determined on the (c) ADJUSTMENTS IN THE SENATE.— (B) Outlays, $409,810,000,000. basis of estimates provided by the Senate (1) IN GENERAL.—After the reporting of a Fiscal year 2012: Committee on the Budget. bill or joint resolution relating to any mat- (A) New budget authority, $435,762,000,000. (e) SUNSET.—This section shall expire on ter described in paragraph (2), or the offering (B) Outlays, $435,762,000,000. September 30, 2017. of an amendment thereto or the submission Fiscal year 2013: (f) REPEAL.—In the Senate, subsections (a) of a conference report thereon— (A) New budget authority, $451,980,000,000. through (d) and subsection (f) of section 203 (A) the Chairman of the Senate Committee (B) Outlays, $451,980,000,000. of S. Con. Res. 21 (110th Congress) shall no on the Budget may adjust the discretionary (19) Allowances (920): longer apply. spending limits, budgetary aggregates, and Fiscal year 2008: SEC. 202. POINT OF ORDER—20 PERCENT LIMIT allocations pursuant to section 302(a) of the (A) New budget authority, $9,500,000,000. ON NEW DIRECT SPENDING IN REC- Congressional Budget Act of 1974, by the (B) Outlays, $9,500,000,000. ONCILIATION LEGISLATION. amount of new budget authority in that Fiscal year 2009: (a)(1) In the Senate, it shall not be in order measure for that purpose and the outlays (A) New budget authority, ¥$14,941,000,000. to consider any reconciliation bill, joint res- flowing therefrom; and (B) Outlays, –$4,099,300,000. olution, motion, amendment, or any con- (B) following any adjustment under sub- Fiscal year 2010: ference report on, or an amendment between paragraph (A), the Senate Committee on Ap- (A) New budget authority, ¥$8,179,000,000. the Houses in relation to, a reconciliation propriations may report appropriately re- (B) Outlays, ¥$10,713,000,000. bill pursuant to section 310 of the Congres- vised suballocations pursuant to section Fiscal year 2011: sional Budget Act of 1974, that produces an 302(b) of the Congressional Budget Act of 1974 (A) New budget authority, ¥$8,466,000,000. increase in outlays, if— to carry out this subsection. ¥ (B) Outlays, $9,360,775,000. (2) the effect of all the provisions in the ju- (2) MATTERS DESCRIBED.—Matters referred Fiscal year 2012: risdiction of any committee is to create to in paragraph (1) are as follows: ¥ (A) New budget authority, $8,916,000,000. gross new direct spending that exceeds 20 (A) CONTINUING DISABILITY REVIEWS AND SSI ¥ (B) Outlays, $9,295,675,000. percent of the total savings instruction to REDETERMINATIONS.—If a bill or joint resolu- Fiscal year 2013: the committee; or tion is reported making appropriations for (A) New budget authority, ¥$9,110,000,000. (3) the effect of the adoption of an amend- fiscal year 2009 that appropriates $264,000,000 (B) Outlays, ¥$10,206,075,000. ment would result in gross new direct spend- for continuing disability reviews and Supple- (20) Undistributed Offsetting Receipts (950): ing that exceeds 20 percent of the total sav- mental Security Income redeterminations Fiscal year 2008: ings instruction to the committee. for the Social Security Administration, and (A) New budget authority, ¥$86,330,000,000. (b) A point of order under paragraph (1) provides an additional appropriation of up to (B) Outlays, ¥$86,330,000,000. may be raised by a Senator as provided in $240,000,000 for continuing disability reviews Fiscal year 2009: section 313(e) of the Congressional Budget and Supplemental Security Income redeter- (A) New budget authority, ¥$67,060,000,000. Act of 1974. minations for the Social Security Adminis- (B) Outlays, ¥$67,060,000,000. (1) Paragraph (1) may be waived or sus- tration, then the discretionary spending lim- Fiscal year 2010: pended only by an affirmative vote of three- its, allocation to the Senate Committee on (A) New budget authority, ¥$70,645,000,000. fifths of the Members, duly chosen and Appropriations, and aggregates may be ad- (B) Outlays, ¥$70,645,000,000. sworn. An affirmative vote of three-fifths of justed by the amounts provided in such legis- Fiscal year 2011: the Members of the Senate, duly chosen and lation for that purpose, but not to exceed (A) New budget authority, ¥$73,364,000,000. sworn, shall be required to sustain an appeal $240,000,000 in budget authority and outlays (B) Outlays, ¥$73,364,000,000. of the ruling of the Chair on a point of order flowing therefrom for fiscal year 2009. Fiscal year 2012: raised under paragraph (1). (B) INTERNAL REVENUE SERVICE TAX EN- ¥ (A) New budget authority, $76,104,000,000. (2) If a point of order is sustained under FORCEMENT.—If a bill or joint resolution is (B) Outlays, ¥$76,104,000,000. paragraph (1) against a conference report in reported making appropriations for fiscal Fiscal year 2013: the Senate, the report shall be disposed of as year 2009 that appropriates $6,997,000,000 for (A) New budget authority, ¥$79,691,000,000. provided in section 313(d) of the Congres- the Internal Revenue Service for enhanced (B) Outlays, ¥$79,691,000,000. sional Budget Act of 1974. tax enforcement to address the Federal tax TITLE II—BUDGET PROCESS Subtitle B—Discretionary Spending gap (taxes owed but not paid) and provides Subtitle A—Direct Spending and Receipts SEC. 211. DISCRETIONARY SPENDING LIMITS, an additional appropriation of up to SEC. 201. SENATE POINT OF ORDER AGAINST PROGRAM INTEGRITY INITIATIVES, $490,000,000 for the Internal Revenue Service LEGISLATION INCREASING LONG- AND OTHER ADJUSTMENTS. for enhanced tax enforcement to address the TERM DEFICITS. (a) SENATE POINT OF ORDER.— Federal tax gap, then the discretionary (a) CONGRESSIONAL BUDGET OFFICE ANAL- (1) IN GENERAL.—Except as otherwise pro- spending limits, allocation to the Senate YSIS OF PROPOSALS.—The Director of the vided in this section, it shall not be in order Committee on Appropriations, and aggre- Congressional Budget Office shall, to the ex- in the Senate to consider any bill or joint gates may be adjusted by the amounts pro- tent practicable, prepare for each bill and resolution (or amendment, motion, or con- vided in such legislation for that purpose, joint resolution reported from committee ference report on that bill or joint resolu- but not to exceed $490,000,000 in budget au- (except measures within the jurisdiction of tion) that would cause the discretionary thority and outlays flowing therefrom for the Committee on Appropriations), and spending limits in this section to be exceed- fiscal year 2009. amendments thereto and conference reports ed. (C) HEALTH CARE FRAUD AND ABUSE CON- thereon, an estimate of whether the measure (2) SUPERMAJORITY WAIVER AND APPEALS.— TROL.—If a bill or joint resolution is reported would cause, relative to current law, a net (A) WAIVER.—This subsection may be making appropriations for fiscal year 2009 increase in deficits in excess of $0 in any of waived or suspended in the Senate only by that appropriates up to $198,000,000 to the

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.027 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2242 CONGRESSIONAL RECORD — SENATE March 31, 2008 Health Care Fraud and Abuse Control pro- the amounts provided in such legislation for made by any Senator pursuant to this sec- gram at the Department of Health and those purposes (and so designated pursuant tion, and such point of order being sustained, Human Services, then the discretionary to this paragraph), up to $108,056,000,000 in such material contained in such conference spending limits, allocation to the Senate budget authority for fiscal year 2008 and the report shall be deemed stricken, and the Sen- Committee on Appropriations, and aggre- new outlays flowing therefrom, and up to ate shall proceed to consider the question of gates may be adjusted by the amounts pro- $70,000,000,000 in budget authority for fiscal whether the Senate shall recede from its vided in such legislation for that purpose, year 2009 and the new outlays flowing there- amendment and concur with a further but not to exceed $198,000,000 in budget au- from. amendment, or concur in the House amend- thority and outlays flowing therefrom for (d) OVERSIGHT OF GOVERNMENT PERFORM- ment with a further amendment, as the case fiscal year 2009. ANCE.—In the Senate, all committees are di- may be, which further amendment shall con- (D) UNEMPLOYMENT INSURANCE IMPROPER rected to review programs within their juris- sist of only that portion of the conference re- PAYMENT REVIEWS.—If a bill or joint resolu- dictions to root out waste, fraud, and abuse port or House amendment, as the case may tion is reported making appropriations for in program spending, giving particular scru- be, not so stricken. Any such motion in the fiscal year 2009 that appropriates $10,000,000 tiny to issues raised by Government Ac- Senate shall be debatable. In any case in for in-person reemployment and eligibility countability Office reports. Based on these which such point of order is sustained assessments and unemployment insurance oversight efforts and committee performance against a conference report (or Senate improper payment reviews, and provides an reviews of programs within their jurisdic- amendment derived from such conference re- additional appropriation of up to $40,000,000 tions, committees are directed to include port by operation of this subsection), no fur- for in-person reemployment and eligibility recommendations for improved govern- ther amendment shall be in order. assessments and unemployment insurance mental performance in their annual views (f) INAPPLICABILITY.—In the Senate, section improper payment reviews, then the discre- and estimates reports required under section 206(a) of S. Con. Res. 21 (110th Congress) shall tionary spending limits, allocation to the 301(d) of the Congressional Budget Act of 1974 no longer apply. Senate Committee on Appropriations, and to the Committees on the Budget. SEC. 213. SENATE POINT OF ORDER AGAINST aggregates may be adjusted by the amounts (e) SUPPLEMENTAL APPROPRIATIONS FOR PROVISIONS OF APPROPRIATIONS provided in such legislation for that purpose, FISCAL YEAR 2008.—If legislation making LEGISLATION THAT CONSTITUTE but not to exceed $40,000,000 in budget au- supplemental appropriations for fiscal year CHANGES IN MANDATORY PRO- thority and outlays flowing therefrom for 2008 is enacted, the Chairman of the Senate GRAMS WITH NET COSTS. fiscal year 2009. Committee on the Budget shall make the ap- (a) IN GENERAL.—In the Senate, it shall not (E) COMPARATIVE EFFECTIVENESS RESEARCH propriate adjustments in allocations, aggre- be in order to consider any appropriations AT THE AGENCY FOR HEALTHCARE RESEARCH gates, discretionary spending limits, and legislation, including any amendment there- AND QUALITY.—If a bill or joint resolution is other levels of new budget authority and to, motion in relation thereto, or conference reported making appropriations for fiscal outlays to reflect the difference between report thereon, that includes any provision year 2009 that appropriates $30,000,000 for such measure and the corresponding levels which constitutes a change in a mandatory comparative effectiveness research as au- assumed in this resolution. program producing net costs, as defined in thorized under section 1013 of the Medicare (f) INAPPLICABILITY.—In the Senate, sub- subsection (b), that would have been esti- Prescription Drug, Improvement and Mod- sections (a), (b), (c), (e), and (f) of section 207 mated as affecting direct spending or re- ernization Act of 2003, and provides an addi- of S. Con. Res. 21 (110th Congress) shall no ceipts under section 252 of the Balanced tional appropriation of up to $70,000,000 for longer apply. Budget and Emergency Deficit Control Act that purpose, then the discretionary spend- SEC. 212. POINT OF ORDER AGAINST ADVANCE of 1985 (as in effect prior to September 30, ing limits, allocation to the Senate Com- APPROPRIATIONS. 2002) were they included in legislation other mittee on Appropriations, and aggregates (a) IN GENERAL.— than appropriations legislation. A point of may be adjusted by the amounts provided in (1) POINT OF ORDER.—Except as provided in order pursuant to this section shall be raised such legislation for that purpose, but not to subsection (b), it shall not be in order in the against such provision or provisions as de- exceed $70,000,000 in budget authority for fis- Senate to consider any bill, joint resolution, scribed in subsections (e) and (f). cal year 2009 and the outlays flowing there- motion, amendment, or conference report (b) CHANGES IN MANDATORY PROGRAMS PRO- from. that would provide an advance appropria- DUCING NET COSTS.—A provision or provi- (F) REDUCING WASTE IN DEFENSE CON- tion. sions shall be subject to a point of order pur- TRACTING.—If a bill or joint resolution is re- (2) DEFINITION.—In this section, the term suant to this section if— ported making appropriations for fiscal year ‘‘advance appropriation’’ means any new (1) the provision would increase budget au- 2009 that appropriates up to $100,000,000 to budget authority provided in a bill or joint thority in at least 1 of the 9 fiscal years that the Department of Defense for additional ac- resolution making appropriations for fiscal follow the budget year and over the period of tivities to reduce waste, fraud, abuse, and year 2009 that first becomes available for any the total of the budget year and the 9 fiscal overpayments in defense contracting; fiscal year after 2009, or any new budget au- years following the budget year; achieve the legal requirement to submit thority provided in a bill or joint resolution (2) the provision would increase net out- auditable financial statements; or reduce making general appropriations or continuing lays over the period of the total of the 9 fis- waste by improving accounting for and or- appropriations for fiscal year 2010, that first cal years following the budget year; and dering of spare parts; subject contracts per- becomes available for any fiscal year after (3) the sum total of all changes in manda- formed outside the United States to the 2010. tory programs in the legislation would in- same ethics, control, and reporting require- (b) EXCEPTIONS.—Advance appropriations crease net outlays as measured over the pe- ments as those performed domestically, then may be provided— riod of the total of the 9 fiscal years fol- the discretionary spending limits, allocation (1) for fiscal years 2010 and 2011 for pro- lowing the budget year. to the Committee on Appropriations of the grams, projects, activities, or accounts iden- (c) DETERMINATION.—The determination of Senate, and aggregates may be adjusted by tified in the joint explanatory statement of whether a provision is subject to a point of the amounts provided in such legislation for managers accompanying this resolution order pursuant to this section shall be made that purpose, but not to exceed $100,000,000 in under the heading ‘‘Accounts Identified for by the Committee on the Budget of the Sen- budget authority and outlays flowing there- Advance Appropriations’’ in an aggregate ate. from for fiscal year 2009. amount not to exceed $29,352,000,000 in new (d) SUPERMAJORITY WAIVER AND APPEAL.— (3) ADJUSTMENTS FOR COSTS OF THE WARS IN budget authority in each year; and This section may be waived or suspended in IRAQ AND AFGHANISTAN.—The Chairman of (2) for the Corporation for Public Broad- the Senate only by an affirmative vote of the Senate Committee on the Budget may casting. three-fifths of the Members, duly chosen and adjust the discretionary spending limits, al- (c) SUPERMAJORITY WAIVER AND APPEAL.— sworn. An affirmative vote of three-fifths of locations to the Senate Committee on Ap- (1) WAIVER.—In the Senate, subsection (a) the Members of the Senate, duly chosen and propriations, and aggregates for one or may be waived or suspended only by an af- sworn, shall be required to sustain an appeal more— firmative vote of three-fifths of the Mem- of the ruling of the Chair on a point of order (A) bills reported by the Senate Committee bers, duly chosen and sworn. raised under this section. on Appropriations or passed by the House of (2) APPEAL.—An affirmative vote of three- (e) GENERAL POINT OF ORDER.—It shall be Representatives; fifths of the Members of the Senate, duly in order for a Senator to raise a single point (B) joint resolutions or amendments re- chosen and sworn, shall be required to sus- of order that several provisions of a bill, res- ported by the Senate Committee on Appro- tain an appeal of the ruling of the Chair on olution, amendment, motion, or conference priations; a point of order raised under subsection (a). report violate this section. The Presiding Of- (C) amendments between the Houses re- (d) FORM OF POINT OF ORDER.—A point of ficer may sustain the point of order as to ceived from the House of Representatives or order under subsection (a) may be raised by some or all of the provisions against which Senate amendments offered by the authority a Senator as provided in section 313(e) of the the Senator raised the point of order. If the of the Senate Committee on Appropriations; Congressional Budget Act of 1974. Presiding Officer so sustains the point of or (e) CONFERENCE REPORTS.—When the Sen- order as to some of the provisions (including (D) conference reports; ate is considering a conference report on, or provisions of an amendment, motion, or con- making appropriations for fiscal year 2008 or an amendment between the Houses in rela- ference report) against which the Senator 2009 for the wars in Iraq and Afghanistan, by tion to, a bill, upon a point of order being raised the point of order, then only those

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.027 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2243 provisions (including provision of an amend- SEC. 222. ADJUSTMENTS TO REFLECT CHANGES of the projected Social Security surplus over ment, motion, or conference report) against IN CONCEPTS AND DEFINITIONS. this period. which the Presiding Officer sustains the Upon the enactment of a bill or joint reso- SEC. 225. EXERCISE OF RULEMAKING POWERS. point of order shall be deemed stricken pur- lution providing for a change in concepts or Congress adopts the provisions of this suant to this section. Before the Presiding definitions, the Chairman of the Senate title— Officer rules on such a point of order, any Committee on the Budget may make adjust- (1) as an exercise of the rulemaking power Senator may move to waive such a point of ments to the levels and allocations in this of the Senate, and as such they shall be con- order as it applies to some or all of the provi- resolution in accordance with section 251(b) sidered as part of the rules of the Senate and sions against which the point of order was of the Balanced Budget and Emergency Def- such rules shall supersede other rules only to raised. Such a motion to waive is amendable icit Control Act of 1985 (as in effect prior to the extent that they are inconsistent with in accordance with rules and precedents of September 30, 2002). such other rules; and the Senate. After the Presiding Officer rules SEC. 223. DEBT DISCLOSURE REQUIREMENT. (2) with full recognition of the constitu- on such a point of order, any Senator may (a) IN GENERAL.—It shall not be in order to tional right of the Senate to change those appeal the ruling of the Presiding Officer on consider a budget resolution in the Senate rules at any time, in the same manner, and such a point of order as it applies to some or unless it contains a debt disclosure section to the same extent as is the case of any other all of the provisions on which the Presiding including all, and only, the following disclo- rule of the Senate. Officer ruled. sures regarding debt: (f) FORM OF THE POINT OF ORDER.—When SEC. 226. CIRCUIT BREAKER TO PROTECT SOCIAL ‘‘SEC. ll. DEBT DISCLOSURES. the Senate is considering a conference report SECURITY. ‘‘(a) IN GENERAL.—The levels assumed in on, or an amendment between the Houses in (a) CIRCUIT BREAKER.—If in any year the this budget resolution allow the gross Fed- relation to, a bill, upon a point of order Congressional Budget Office, in its report eral debt of the nation to rise/fall by being made by any Senator pursuant to this pursuant to section 202(e)(1) of the Congres- $ from the current year, fiscal section, and such point of order being sus- llllll sional Budget Act of 1974 projects an on- tained, such material contained in such con- year 20ll, to the fifth year of the budget budget deficit (excluding Social Security) for ference report or amendment shall be window, fiscal year 20ll. the budget year or any subsequent fiscal deemed stricken, and the Senate shall pro- ‘‘(b) PER PERSON.—The levels assumed in year covered by those projections, then the ceed to consider the question of whether the this budget resolution allow the gross Fed- concurrent resolution on the budget for the Senate shall recede from its amendment and eral debt of the nation to rise/fall by budget year shall reduce on-budget deficits concur with a further amendment, or concur $llll on every United States citizen from relative to the projections of Congressional in the House amendment with a further the current year, fiscal year 20ll to the Budget Office and put the budget on a path amendment, as the case may be, which fur- fifth year of the budget window, fiscal year to achieve on-budget balance within 5 years, ther amendment shall consist of only that 20ll. and shall include such provisions as are nec- portion of the conference report or House ‘‘(c) SOCIAL SECURITY.—The levels assumed essary to protect Social Security and facili- amendment, as the case may be, not so in this budget resolution project that tate deficit reduction, except it shall not stricken. Any such motion shall be debat- $llll of the Social Security surplus will contain any reduction in Social Security able. In any case in which such point of order be spent over the 5-year budget window, fis- benefits. is sustained against a conference report (or cal years 20ll–20ll, on things other than (b) POINT OF ORDER.—If in any year the Senate amendment derived from such con- Social Security which represents ll per- Congressional Budget Office, in its report ference report by operation of this sub- cent of the projected Social Security surplus pursuant to section 202(e)(1) of the Congres- section), no further amendment shall be in over this period.’’. sional Budget Act of 1974 projects an on- order. (b) SOCIAL SECURITY.—If any portion of the budget deficit for the budget year or any (g) EFFECTIVENESS.—This section shall not Social Security surplus is projected to be subsequent fiscal year covered by those pro- apply to any provision constituting a change spent and/or the gross Federal debt in the jections, it shall not be in order in the Sen- in a mandatory program in appropriations fifth year of the budget window is greater ate to consider a concurrent resolution on legislation if such provision has been en- than the debt projected in the current year, the budget for the budget year or any con- acted in each of the 3 fiscal years prior to as described in the debt disclosure section ference report thereon that fails to reduce the budget year. described in subsection (a) of this section, on-budget deficits relative to the projections SEC. 214. DISCRETIONARY ADMINISTRATIVE EX- the report, print, or statement of managers of Congressional Budget Office and put the PENSES OF THE POSTAL SERVICE. accompanying the budget resolution shall budget on a path to achieve on-budget bal- In the Senate, notwithstanding section contain a section that— ance within 5 years. 302(a)(1) of the Congressional Budget Act of (1) details the circumstances making it in (c) AMENDMENTS TO BUDGET RESOLUTION.— 1974 and section 2009a of title 39, United the national interest to allow Federal debt If in any year the Congressional Budget Of- States Code, the joint explanatory statement to increase rather than taking steps to re- fice, in its report pursuant to section accompanying the conference report on any duce the debt; and 202(e)(1) of the Congressional Budget Act of concurrent resolution on the budget shall in- (2) provides a justification for allowing the 1974 projects an on-budget deficit for the clude in its allocations under section 302(a) surpluses in the Social Security Trust Fund budget year or any subsequent fiscal year of the Congressional Budget Act of 1974 to to be spent on other functions of Govern- covered by those projections, it shall not be the Committee on Appropriations amounts ment even as the baby boom generation re- in order in the Senate to consider an amend- for the discretionary administrative ex- tires, program costs are projected to rise ment to a concurrent resolution on the budg- penses of the Postal Service. dramatically, the debt owed to Social Secu- et that would increase on-budget deficits rel- rity is about to come due, and the Trust Subtitle C—Other Provisions ative to the concurrent resolution on the Fund is projected to go insolvent. budget in any fiscal year covered by that SEC. 221. APPLICATION AND EFFECT OF (c) DEFINITIONS.—The term ‘‘gross Federal CHANGES IN ALLOCATIONS AND AG- concurrent resolution on the budget or cause GREGATES. debt’’ described above represents nominal in- the budget to fail to achieve on-budget bal- (a) APPLICATION.—Any adjustments of allo- creases in gross Federal debt measured at ance within 5 years. cations and aggregates made pursuant to the end of each fiscal year during the period (d) SUSPENSION OF REQUIREMENT DURING this resolution shall— of the budget, not debt as a percentage of WAR OR LOW ECONOMIC GROWTH.— (1) apply while that measure is under con- gross domestic product, and not levels rel- (1) LOW GROWTH.—If the most recent of the sideration; ative to baseline projections. Department of Commerce’s advance, prelimi- (2) take effect upon the enactment of that SEC. 224. DEBT DISCLOSURES. nary, or final reports of actual real economic measure; and (a) IN GENERAL.—The levels assumed in growth indicate that the rate of real eco- (3) be published in the Congressional this budget resolution allow the gross Fed- nomic growth (as measured by the real gross Record as soon as practicable. eral debt of the nation to rise by domestic product) for each of the most re- (b) EFFECT OF CHANGED ALLOCATIONS AND $2,000,000,000,000 from the current year, fiscal cently reported quarter and the immediately AGGREGATES.—Revised allocations and ag- year 2008, to the fifth year of the budget win- preceding quarter is less than zero percent, gregates resulting from these adjustments dow, fiscal year 2013. this section is suspended. shall be considered for the purposes of the (b) PER PERSON.—The levels assumed in (2) WAR.—If a declaration of war is in ef- Congressional Budget Act of 1974 as alloca- this budget resolution allow the gross Fed- fect, this section is suspended. tions and aggregates contained in this reso- eral debt of the nation to rise by $6,440 on (e) SUPERMAJORITY WAIVER AND APPEALS.— lution. every United States citizen from the current (1) WAIVER.—Subsections (b) and (c) may (c) BUDGET COMMITTEE DETERMINATIONS.— year, fiscal year 2008, to the fifth year of the be waived or suspended in the Senate only by For purposes of this resolution the levels of budget window, fiscal year 2013. an affirmative vote of three-fifths of the new budget authority, outlays, direct spend- (c) SOCIAL SECURITY.—The levels assumed Members, duly chosen and sworn. ing, new entitlement authority, revenues, in this budget resolution project (2) APPEALS.—Appeals in the Senate from deficits, and surpluses for a fiscal year or pe- $800,000,000,000 of the Social Security surplus the decisions of the Chair relating to any riod of fiscal years shall be determined on will be spent over the 5-year budget window, provision of this subsection shall be limited the basis of estimates made by the Senate fiscal years 2009–2013, on things other than to 1 hour, to be equally divided between, and Committee on the Budget. Social Security, which represents 70 percent controlled by, the appellant and the manager

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.027 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2244 CONGRESSIONAL RECORD — SENATE March 31, 2008 of the bill or joint resolution, as the case amounts provided in such legislation for SEC. 302. DEFICIT-NEUTRAL RESERVE FUND FOR may be. An affirmative vote of three-fifths of those purposes, provided that such legisla- IMPROVING EDUCATION. the Members of the Senate, duly chosen and tion would not increase the deficit over ei- (a) FEDERAL PELL GRANT.—The Chairman sworn, shall be required to sustain an appeal ther the period of the total of fiscal years of the Senate Committee on the Budget may of the ruling of the Chair on a point of order 2008 through 2013 or the period of the total of revise the aggregates, allocations, and other raised under this subsection. fiscal years 2008 through 2018. appropriate levels in this resolution for one (f) BUDGET YEAR.—In this section, the term (e) TRADE.—The Chairman of the Senate or more bills, joint resolutions, amendments, ‘‘budget year’’ shall have the same meaning Committee on the Budget may revise the al- motions, or conference reports that would as in section 250(c)(12) of the Balanced Budg- locations, aggregates, and other levels in make higher education more accessible or et and Emergency Deficit Control Act of this resolution for one or more bills, joint more affordable, which may include increas- 1985. resolutions, amendments, motions, or con- ing funding for the Federal Pell Grant pro- gram or increasing Federal student loan lim- TITLE III—RESERVE FUNDS ference reports relating to trade agreements, preferences, sanctions, enforcement, or cus- its, facilitate modernization of school facili- SEC. 301. DEFICIT-NEUTRAL RESERVE FUND TO toms, by the amounts provided in such legis- ties through renovation or construction STRENGTHEN AND STIMULATE THE bonds, reduce the cost of teachers’ out-of- AMERICAN ECONOMY AND PROVIDE lation for those purposes, provided that such ECONOMIC RELIEF TO AMERICAN legislation would not increase the deficit pocket expenses for school supplies, or pro- FAMILIES. over either the period of the total of fiscal vide tax incentives for highly-qualified (a) TAX RELIEF.—The Chairman of the Sen- years 2008 through 2013 or the period of the teachers to serve in high-needs schools, by ate Committee on the Budget may revise the total of fiscal years 2008 through 2018. the amounts provided in such legislation for aggregates, allocations, and other appro- (f) ECONOMIC RELIEF FOR AMERICAN FAMI- those purposes, provided that such legisla- priate levels in this resolution for one or LIES.—The Chairman of the Senate Com- tion would not increase the deficit over ei- more bills, joint resolutions, amendments, mittee on the Budget may revise the alloca- ther the period of the total of fiscal years motions, or conference reports that would tions of a committee or committees, aggre- 2008 through 2013 or the period of the total of provide tax relief, including extensions of ex- gates, and other appropriate levels in this fiscal years 2008 through 2018. The legislation piring tax relief, reinstatement of expired resolution for one or more bills, joint resolu- may include tax benefits and other revenue tax relief, such as enhanced charitable giv- tions, amendments, motions, or conference provisions. (b) IMPROVING EDUCATION.—The Chairman ing from individual retirement accounts, in- reports which— of the Senate Committee on the Budget may cluding life-income gifts, and refundable tax (1) reauthorizes the Temporary Assistance revise the allocations of a committee or relief and incentivizing utilization of accu- for Needy Families supplemental grants or committees, aggregates, and other levels and mulated alternative minimum tax and re- makes improvements to the Temporary As- sistance for Needy Families program, child limits in this resolution for one or more search and development credits, by the bills, joint resolutions, amendments, mo- amounts provided in that legislation for welfare programs, or the child support en- forcement program; tions, or conference reports that would im- those purposes, provided that such legisla- prove student achievement during secondary tion would not increase the deficit over ei- (2) provides up to $5,000,000,000 for the child care entitlement to States; education, including middle school comple- ther the period of the total of fiscal years tion, high school graduation and preparing 2008 through 2013 or the period of the total of (3) provides up to $40,000,000 for the emer- gency food assistance program established students for higher education and the work- fiscal years 2008 through 2018. force, by the amounts provided in such legis- under the Emergency Food Assistance Act of (b) MANUFACTURING.—The Chairman of the lation for such purpose, provided that such 1983 (7 U.S.C. 7501 et seq.); Senate Committee on the Budget may revise legislation would not increase the deficit (4) improves the unemployment compensa- the allocations, aggregates, and other appro- over either the period of the total of fiscal tion program; or priate levels in this resolution for one or years 2008 through 2013 or the period of the more bills, joint resolutions, amendments, (5) reauthorizes the trade adjustment as- total of fiscal years 2008 through 2018. sistance programs; motions, or conference reports, including tax SEC. 303. DEFICIT-NEUTRAL RESERVE FUND FOR legislation, that would revitalize the United by the amounts provided in such legislation INVESTMENTS IN AMERICA’S INFRA- States domestic manufacturing sector by in- for those purposes, provided that such legis- STRUCTURE. creasing Federal research and development, lation would not increase the deficit over ei- The Chairman of the Senate Committee on by expanding the scope and effectiveness of ther the period of the total of fiscal years the Budget may revise the aggregates, allo- manufacturing programs across the Federal 2008 through 2013 or the period of the total of cations, and other appropriate levels and government, by increasing efforts to train fiscal years 2008 through 2018. limits in this resolution for one or more and retrain manufacturing workers, by in- (g) AMERICA’S FARMS AND ECONOMIC IN- bills, joint resolutions, amendments, mo- creasing support for development of alter- VESTMENT IN RURAL AMERICA.— tions, or conference reports that provide for native fuels and leap-ahead automotive and (1) FARM BILL.—The Chairman of the Sen- a robust federal investment in America’s in- energy technologies, or by establishing tax ate Committee on the Budget may revise the frastructure, which may include projects for incentives to encourage the continued pro- allocations, aggregates, and other appro- transit, rail (including high-speed passenger duction in the United States of advanced priate levels in this resolution for one or rail), airport, seaport, public housing, en- technologies and the infrastructure to sup- more bills, joint resolutions, amendments, ergy, water, highway, bridge, or other infra- port such technologies, by the amounts pro- motions, or conference reports that provide structure projects, by the amounts provided vided in that legislation for those purposes, for the reauthorization of the programs of in that legislation for those purposes, pro- provided that such legislation would not in- the Food Security and Rural Investment Act vided that such legislation would not in- crease the deficit over either the period of of 2002 or prior Acts, authorize similar or re- crease the deficit over either the period of the total of fiscal years 2008 through 2013 or lated programs, provide for revenue changes, the total of fiscal years 2008 through 2013 or the period of the total of fiscal years 2008 or any combination of the preceding pur- the period of the total of fiscal years 2008 through 2018. poses, by the amounts provided in such legis- through 2018. (c) HOUSING.—The Chairman of the Senate lation for those purposes up to $15,000,000,000 SEC. 304. DEFICIT-NEUTRAL RESERVE FUND TO Committee on the Budget may revise the al- over the period of the total of fiscal years INVEST IN CLEAN ENERGY, PRE- locations of a committee or committees, ag- 2008 through 2013, provided that such legisla- SERVE THE ENVIRONMENT, AND PROVIDE FOR CERTAIN SETTLE- gregates, and other levels in this resolution tion would not increase the deficit over ei- MENTS. ther the period of the total of fiscal years for one or more bills, joint resolutions, (a) ENERGY AND THE ENVIRONMENT.—The amendments, motions, or conference reports 2008 through 2013 or the period of the total of Chairman of the Senate Committee on the that would provide housing assistance, which fiscal years 2008 through 2018. Budget may revise the allocations of a com- may include low income rental assistance, or (2) COUNTY PAYMENTS.—The Chairman of mittee or committees, aggregates, and other establish an affordable housing fund financed the Senate Committee on the Budget may levels and limits in this resolution for one or by the housing government sponsored enter- revise the allocations of a committee or more bills, joint resolutions, amendments, prises or other sources, by the amounts pro- committees, aggregates, and other appro- motions, or conference reports that would vided in such legislation for those purposes, priate levels and limits in this resolution for decrease greenhouse gas emissions, reduce provided that such legislation would not in- one or more bills, joint resolutions, amend- our Nation’s dependence on imported energy, crease the deficit over either the period of ments, motions, or conference reports that produce green jobs, or preserve or protect na- the total of fiscal years 2008 through 2013 or provide for the reauthorization of the Secure tional parks, oceans, or coastal areas, by the the period of the total of fiscal years 2008 Rural Schools and Community Self-Deter- amounts provided in such legislation for through 2018. mination Act of 2000 (Public Law 106–393), those purposes, provided that such legisla- (d) FLOOD INSURANCE REFORM.—The Chair- make changes to the Payments in Lieu of tion would not increase the deficit over ei- man of the Senate Committee on the Budget Taxes Act of 1976 (Public Law 94–565), or ther the period of the total of fiscal years may revise the allocations of a committee or both, by the amounts provided by that legis- 2008 through 2013 or the period of the total of committees, aggregates, and other levels in lation for those purposes, provided that such fiscal years 2008 through 2018. The legislation this resolution for one or more bills, joint legislation would not increase the deficit may include tax legislation such as a pro- resolutions, amendments, motions, or con- over either the period of the total of fiscal posal to extend for 5 years energy tax incen- ference reports that would provide for flood years 2008 through 2013 or the period of the tives like the production tax credit for elec- insurance reform and modernization, by the total of fiscal years 2008 through 2018. tricity produced from renewable resources,

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.028 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2245 the biodiesel production tax credit, or the such legislation for those purposes, provided icit over either the period of the total of fis- Clean Renewable Energy Bond program, to that such legislation would not increase the cal years 2008 through 2013 or the period of provide a tax credit for clean burning wood deficit over either the period of the total of the total of fiscal years 2008 through 2018. stoves, a tax credit for production of cel- fiscal years 2008 through 2013 or the period of (4) RURAL EQUITY PAYMENT POLICIES.—The lulosic ethanol, a tax credit for plug-in hy- the total of fiscal years 2008 through 2018. Chairman of the Senate Committee on the brid vehicles, or provisions to encourage en- SEC. 306. DEFICIT-NEUTRAL RESERVE FUND TO Budget may revise the aggregates, alloca- ergy efficient buildings, products, and power IMPROVE AMERICA’S HEALTH. tions, and other appropriate levels in this plants. Tax legislation under this section (a) SCHIP.—The Chairman of the Senate resolution for a bill, joint resolution, amend- may be paid for by adjustments to sections Committee on the Budget may revise the al- ment, motion, or conference report that— 167(h)(1) of the Internal Revenue Code of 1986 locations, aggregates, and other appropriate (A) preserves existing Medicare payment as it relates to integrated oil companies. levels in this resolution for a bill, joint reso- provisions supporting America’s rural health (b) SETTLEMENTS.—The Chairman of the lution, amendment, motion, or conference care delivery system; and Senate Committee on the Budget may revise report that provides up to $50,000,000,000 in (B) promotes Medicare payment policies the allocations of a committee or commit- outlays over the period of the total of fiscal that increase access to quality health care in tees, aggregates, and other appropriate lev- years 2008 through 2013 for reauthorization of isolated and underserved rural areas, SCHIP, if such legislation maintains cov- els in this resolution for one or more bills, by the amounts provided in such legislation erage for those currently enrolled in SCHIP, joint resolutions, amendments, motions, or for those purposes, provided that such legis- continues efforts to enroll uninsured chil- conference reports that would fulfill the pur- lation would not increase the deficit over ei- poses of the San Joaquin River Restoration dren who are already eligible for SCHIP or ther the period of the total of fiscal years Settlement Act or implement a Navajo Na- Medicaid but are not enrolled, or supports 2008 through 2013 or the period of the total of tion water rights settlement and other provi- States in their efforts to move forward in fiscal years 2008 through 2018. sions authorized by the Northwestern New covering more children or pregnant women, (5) MEDICARE LOW-INCOME PROGRAMS.—The Mexico Rural Water Projects Act, by the by the amounts provided in that legislation Chairman of the Senate Committee on the amounts provided by that legislation for for those purposes, provided that the outlay Budget may revise the aggregates, alloca- those purposes, provided that such legisla- adjustment shall not exceed $50,000,000,000 in tions, and other appropriate levels in this tion would not increase the deficit over ei- outlays over the period of the total of fiscal resolution for a bill, joint resolution, amend- ther the period of the total of fiscal years years 2008 through 2013, and provided that ment, motion, or conference report that 2008 through 2013 or the period of the total of such legislation would not increase the def- makes improvements to the Medicare Sav- fiscal years 2008 through 2018. icit over either the period of the total of fis- ings Program and the Medicare part D low- SEC. 305. DEFICIT-NEUTRAL RESERVE FUND FOR cal years 2008 through 2013 or the period of AMERICA’S VETERANS AND WOUND- the total of fiscal years 2008 through 2018. income subsidy program, which may include ED SERVICEMEMBERS AND FOR A (b) MEDICARE IMPROVEMENTS.— the provisions that— POST 9/11 GI BILL. (1) PHYSICIAN PAYMENTS.—The Chairman of (A) provide for an increase in the asset al- (a) VETERANS AND WOUNDED SERVICE- the Senate Committee on the Budget may lowance under the Medicare Part D low-in- MEMBERS.—The Chairman of the Senate revise the aggregates, allocations, and other come subsidy program so that individuals Committee on the Budget may revise the al- appropriate levels in this resolution for a with very limited incomes, but modest re- locations of a committee or committees, ag- bill, joint resolution, amendment, motion, or tirement savings, can obtain the assistance gregates, and other appropriate levels in this conference report that increases the reim- that the Medicare Prescription Drug, Im- resolution for one or more bills, joint resolu- bursement rate for physician services under provement, and Modernization Act of 2003 tions, amendments, motions, or conference section 1848(d) of the Social Security Act and was intended to deliver with respect to the reports which would— that includes financial incentives for physi- payment of premiums and cost-sharing under (1) enhance medical care, disability evalua- cians to improve the quality and efficiency the Medicare part D prescription drug ben- tions, or disability benefits for wounded or of items and services furnished to Medicare efit; disabled military personnel or veterans; beneficiaries through the use of consensus- (B) provide for an update in the income and (2) provide for or increase benefits to Fili- based quality measures, by the amounts pro- asset allowances under the Medicare Savings pino veterans of World War II, their sur- vided in such legislation for those purposes, Program and provide for an annual infla- vivors and dependents; provided that such legislation would not in- tionary adjustment for those allowances; and (3) allow for the transfer of education bene- crease the deficit over either the period of (C) improve outreach and enrollment under fits from servicemembers to family members the total of fiscal years 2008 through 2013 or the Medicare Savings Program and the Medi- or veterans (including the elimination of the the period of the total of fiscal years 2008 care part D low-income subsidy program to offset between Survivor Benefit Plan annu- through 2018. ensure that low-income senior citizens and ities and veterans’ dependency and indem- (2) OTHER IMPROVEMENTS TO MEDICARE.— other low-income Medicare beneficiaries re- nity compensation); The Chairman of the Senate Committee on ceive the low-income assistance for which (4) providing for the continuing payment the Budget may revise the aggregates, allo- they are eligible in accordance with the im- to members of the Armed Forces who are re- cations, and other appropriate levels in this provements provided for in such legislation, tired or separated from the Armed Forces resolution for a bill, joint resolution, amend- by the amounts provided in such legislation due to a combat-related injury after Sep- ment, motion, or conference report that for those purposes, provided that such legis- tember 11, 2001, of bonuses that such mem- makes improvements to the Medicare pro- lation would not increase the deficit over ei- bers were entitled to before the retirement gram, which may include improvements to ther the period of the total of fiscal years or separation and would continue to be enti- the prescription drug benefit under Medicare 2008 through 2013 or the period of the total of tled to such members were not retired or Part D, adjustments to the Medicare Savings fiscal years 2008 through 2018. separated; or Program, and reductions in beneficiary cost- (c) HEALTH CARE QUALITY, EFFECTIVENESS, (5) enhance programs and activities to in- sharing for preventive benefits under Medi- EFFICIENCY, AND TRANSPARENCY.— crease the availability of health care and care Part B, or measures to encourage physi- (1) COMPARATIVE EFFECTIVENESS RE- other veterans services for veterans living in cians to train in primary care residencies SEARCH.—The Chairman of the Senate Com- rural areas; and attract more physicians and other mittee on the Budget may revise the alloca- by the amounts provided in such legislation health care providers to States that face a tions of a committee or committees, aggre- for those purposes, provided that such legis- shortage of health care providers, by the gates, and other appropriate levels in this lation does not include increased fees amounts provided in such legislation for resolution for one or more bills, joint resolu- charged to veterans for pharmacy co-pay- those purposes up to $10,000,000,000, provided tions, amendments, motions, or conference ments, annual enrollment, or third-party in- that such legislation would not increase the reports that establish a new Federal or pub- surance payment offsets, and further pro- deficit over either the period of the total of lic-private initiative for comparative effec- vided that such legislation would not in- fiscal years 2008 through 2013 or the period of tiveness research, by the amounts provided crease the deficit over either the period of the total of fiscal years 2008 through 2018. in such legislation for those purposes, pro- the total of fiscal years 2008 through 2013 or (3) ELECTRONIC PRESCRIBING.—The Chair- vided that such legislation would not in- the period of the total of fiscal years 2008 man of the Senate Committee on the Budget crease the deficit over either the period of through 2018. may revise the allocations, aggregates, and the total of fiscal years 2008 through 2013 or (b) POST 9/11 GI BILL.—The Chairman of other levels in this resolution for one or the period of the total of fiscal years 2008 the Senate Committee on the Budget may more bills, joint resolutions, amendments, through 2018. revise the allocations of a committee or motions, or conference reports that promote (2) IMPROVING THE HEALTH CARE SYSTEM.— committees, aggregates, and other appro- the deployment and use of electronic pre- The Chairman of the Senate Committee on priate levels in this resolution for one or scribing technologies through financial in- the Budget may revise the allocations, ag- more bills, joint resolutions, amendments, centives, including grants and bonus pay- gregates, and other levels in this resolution motions, or conference reports which would ments, and potential adjustments in the for a bill, joint resolution, motion, amend- enhance educational benefits of service Medicare reimbursement mechanisms for ment, or conference report that— members and veterans with service on active physicians, by the amounts provided in such (A) creates a framework and parameters duty in the Armed Forces on or after Sep- legislation for those purposes, provided that for the use of Medicare data for the purpose tember 11, 2001, by the amounts provided in such legislation would not increase the def- of conducting research, public reporting, and

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other activities to evaluate health care safe- the Budget may revise the allocations, ag- (g) PEDIATRIC DENTAL CARE.—The Chair- ty, effectiveness, efficiency, quality, and re- gregates, and other appropriate levels in this man of the Committee on the Budget of the source utilization in Federal programs and resolution for a bill, joint resolution, amend- Senate may revise the aggregates, alloca- the private health care system; and ment, motion, or conference report that in- tions, and other appropriate levels in this (B) includes provisions to protect bene- cludes provisions regarding the final rule resolution for a bill, joint resolution, amend- ficiary privacy and to prevent disclosure of published on May 29, 2007, on pages 29748 ment, motion, or conference report that proprietary or trade secret information with through 29836 of volume 72, Federal Register would provide for improved access to pedi- respect to the transfer and use of such data; (relating to parts 433, 447, and 457 of title 42, atric dental care for children from low-in- provided that such legislation would not in- Code of Federal Regulations) or any other come families, by the amounts provided in crease the deficit over either the period of rule or other administrative action that such legislation for such purpose, provided the total of fiscal years 2008 through 2013 or would affect the Medicaid program or SCHIP that such legislation would not increase the the period of the total of fiscal 2008 through in a similar manner, or place restrictions on deficit over either the period of the total of 2018. coverage of or payment for graduate medical fiscal years 2008 through 2013 or the period of the total of fiscal years 2008 through 2018. (3) HEALTH INFORMATION TECHNOLOGY AND education, rehabilitation services, or school- ADHERENCE TO BEST PRACTICES.— based administration, school-based transpor- SEC. 307. SENSE OF THE SENATE REGARDING MEDICAID ADMINISTRATIVE REGU- (A) HEALTH INFORMATION TECHNOLOGY.— tation, or optional case management serv- LATIONS. The Chairman of the Committee on the ices under title XIX of the Social Security (a) FINDINGS.—The Senate makes the fol- Budget of the Senate may revise the alloca- Act, or includes provisions regarding admin- istrative guidance issued in August 2007 af- lowing findings: tions of a committee or committees, aggre- (1) The Medicaid program provides essen- gates, and other appropriate levels and lim- fecting SCHIP or any other administrative action that would affect SCHIP in a similar tial health care and long-term care services its in this resolution for 1 or more bills, joint to approximately 60,000,000 low-income chil- resolutions, amendments, motions, or con- manner, so long as no provision in such bill, joint resolution, amendment, motion or con- dren, pregnant women, parents, individuals ference reports that provide incentives or with disabilities, and senior citizens. It is a other support for adoption of modern infor- ference report shall be construed as prohib- iting the Secretary of Health and Human Federal guarantee that ensures the most vul- mation technology, including incentives or nerable will have access to needed medical other supports for the adoption of electronic Services from promulgating or implementing any rule, action, or guidance designed to pre- services. prescribing technology, to improve quality (2) Medicaid provides critical access to and protect privacy in health care, such as vent fraud and protect the integrity of the Medicaid program or SCHIP or reduce inap- long-term care and other services for the el- activities by the Department of Defense and derly and individuals living with disabilities, the Department of Veterans Affairs to inte- propriate spending under such programs, by the amounts provided in that legislation for and is the single largest provider of long- grate their electronic health record data, by term care services. Medicaid also pays for the amounts provided in such legislation for those purposes, provided that such legisla- tion would not increase the deficit over ei- personal care and other supportive services that purpose, provided that such legislation that are typically not provided by private would not increase the deficit over either the ther the total of the period of fiscal years 2008 through 2013 or the total of the period of health insurance or Medicare, but are nec- period of the total of fiscal years 2008 essary to enable individuals with spinal cord through 2013 or the period of the total of fis- fiscal years 2008 through 2018. injuries, developmental disabilities, neuro- cal years 2008 through 2018. (2) TRANSITIONAL MEDICAL ASSISTANCE.— logical degenerative diseases, serious and (B) ADHERENCE TO BEST PRACTICES.—The The Chairman of the Senate Committee on persistent mental illnesses, HIV/AIDS, and Chairman of the Committee on the Budget of the Budget may revise the allocations of a other chronic conditions to remain in the the Senate may revise the allocations of a committee or committees, aggregates, and community, to work, and to maintain inde- committee or committees, aggregates, and other appropriate levels in this resolution pendence. other appropriate levels and limits in this for one or more bills, joint resolutions, (3) Medicaid supplements the Medicare pro- resolution for 1 or more bills, joint resolu- amendments, motions or conference reports gram for about 7,500,000 low-income elderly tions, amendments, motions, or conference that extend the Transitional Medical Assist- or disabled Medicare beneficiaries, assisting reports that provide incentives for Medicare ance program, included in title XIX of the providers or suppliers to comply with, where Social Security Act, by the amounts pro- them with their Medicare premiums and co- available and medically appropriate, clinical vided in such legislation for those purposes, insurance, wrap-around benefits, and the protocols identified as best practices, by the provided that such legislation would not in- costs of nursing home care that Medicare amounts provided in such legislation for that crease the deficit over either the total of the does not cover. The Medicaid program spends purpose, provided in the Senate that such period of fiscal years 2008 through 2013 or the over $100,000,000,000 on uncovered Medicare legislation would not increase the deficit total of the period of fiscal years 2008 services. over either the period of the total of fiscal through 2018. (4) Medicaid provides health insurance for years 2008 through 2013 or the period of the (f) OTHER IMPROVEMENTS IN HEALTH.—The more than one-quarter of America’s children total of fiscal years 2008 through 2018. Chairman of the Senate Committee on the and is the largest purchaser of maternity (d) FOOD AND DRUG ADMINISTRATION.— Budget may revise the allocations of a com- care, paying for more than one-third of all (1) REGULATION.—The Chairman of the Sen- mittee or committees, aggregates, and other the births in the United States each year. ate Committee on the Budget may revise the appropriate levels in this resolution for one Medicaid also provides critical access to care allocations, aggregates, and other appro- or more bills, joint resolutions, amendments, for children with disabilities, covering more priate levels in this resolution for a bill, motions, or conference reports which— than 70 percent of poor children with disabil- joint resolution, motion, amendment, or con- (1) make health insurance coverage more ities. ference report that authorizes the Food and affordable or available to small businesses (5) More than 21,000,000 women depend on Drug Administration to regulate products and their employees, through pooling ar- Medicaid for their health care. Women com- and assess user fees on manufacturers and rangements that provide appropriate con- prise the majority of seniors (64 percent) on importers of those products to cover the cost sumer protections, and through reducing Medicaid. Half of nonelderly women with of the Food and Drug Administration’s regu- barriers to cafeteria plans; permanent mental or physical disabilities latory activities, by the amounts provided in (2) improve health care, provide quality have health coverage through Medicaid. that legislation for those purposes, provided health insurance for the uninsured and Medicaid provides treatment for low-income that such legislation would not increase the underinsured, and protect individuals with women diagnosed with breast or cervical deficit over either the period of the total of current health coverage; cancer in every State. fiscal years 2008 through 2013 or the period of (3) reauthorize the special diabetes pro- (6) Medicaid is the Nation’s largest source the total of fiscal years 2008 through 2018. gram for Indians and the special diabetes of payment for mental health services, HIV/ (2) DRUG IMPORTATION.—The Chairman of programs for Type 1 diabetes; AIDS care, and care for children with special the Senate Committee on the Budget may (4) improve long-term care, enhance the needs. Much of this care is either not covered revise the aggregates, allocations, and other safety and dignity of patients, encourage ap- by private insurance or limited in scope or levels in this resolution for a bill, joint reso- propriate use of institutional and commu- duration. Medicaid is also a critical source of lution, motion, amendment, or conference nity-based care, promote quality care, or funding for health care for children in foster report that permits the safe importation of provide for the cost-effective use of public care and for health services in schools. prescription drugs approved by the Food and resources; or (7) Medicaid funds help ensure access to Drug Administration from a specified list of (5) provide parity between heath insurance care for all Americans. Medicaid is the single countries, by the amounts provided in such coverage of mental health benefits and bene- largest source of revenue for the Nation’s legislation for those purposes, provided that fits for medical and surgical services, includ- safety net hospitals, health centers, and such legislation would not increase the def- ing parity in public programs; nursing homes, and is critical to the ability icit over either the period of the total of fis- by the amounts provided in such legislation of these providers to adequately serve all cal years 2008 through 2013 or the period of for those purposes, provided that such legis- Americans. the total of fiscal years 2008 through 2018. lation would not increase the deficit over ei- (8) Medicaid serves a major role in ensur- (e) MEDICAID.— ther the period of the total of fiscal years ing that the number of Americans without (1) RULES OR ADMINISTRATIVE ACTIONS.— 2008 through 2013 or the period of the total of health insurance, approximately 47,000,000 in The Chairman of the Senate Committee on fiscal years 2008 through 2018. 2006, is not substantially higher. The system

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.028 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2247 of Federal matching for State Medicaid ex- SEC. 311. DEFICIT-NEUTRAL RESERVE FUND TO els in this resolution by the amounts author- penditures ensures that Federal funds will IMPROVE ENERGY EFFICIENCY AND ized to be appropriated for the programs de- grow as State spending increases in response PRODUCTION. scribed in paragraphs (1) through (6) in 1 or to unmet needs, enabling Medicaid to help (a) IN GENERAL.—Subject to subsection (b), more bills, joint resolutions, amendments, buffer the drop in private coverage during re- the Chairman of the Senate Committee on motions, or conference reports that funds cessions. the Budget may revise the allocations, ag- border security, immigration enforcement, (9) The Bush Administration has issued gregates, and other levels in this resolution and criminal alien removal programs, in- several regulations that shift Medicaid cost by the amounts provided by a bill, joint reso- cluding programs that— burdens onto States and put at risk the con- lution, amendment, motion, or conference (1) expand the zero tolerance prosecution tinued availability of much-needed services. report that would encourage— policy for illegal entry (commonly known as The regulations relate to Federal payments (1) consumers to replace old conventional ‘‘Operation Streamline’’) to all 20 border sec- to public providers, and for graduate medical wood stoves with new clean wood, pellet, or tors; education, rehabilitation services, school- corn stoves certified by the Environmental (2) complete the 700 miles of pedestrian based administration, school-based transpor- Protection Agency; fencing required under section 102(b)(1) of tation, optional case management services. (2) consumers to install smart electricity the Illegal Immigration Reform and Immi- meters in homes and businesses; (b) SENSE OF THE SENATE.—It is the sense grant Responsibility Act of 1996 (8 U.S.C. 1103 (3) the capture and storage of carbon diox- note); of the Senate that administrative regula- ide emissions from coal projects; and tions should not— (3) deploy up to 6,000 National Guard mem- (4) the development of oil and natural gas bers to the southern border of the United (1) undermine the role the Medicaid pro- resources beneath the outer Continental gram plays as a critical component of the States; Shelf in areas not covered by a Presidential (4) evaluate the 27 percent of the Federal, health care system of the United States; or Congressional moratorium. (2) cap Federal Medicaid spending, or oth- State, and local prison populations who are (b) DEFICIT NEUTRALITY.—Subsection (a) noncitizens in order to identify removable erwise shift Medicaid cost burdens to State applies only if the legislation described in or local governments and their taxpayers criminal aliens; subsection (a) would not increase the deficit (5) train and reimburse State and local law and health providers, forcing a reduction in over the period of the total of fiscal years access to essential health services for low-in- enforcement officers under Memorandums of 2008 through 2013 or the period of the total of Understanding entered into under section come elderly individuals, individuals with fiscal years 2008 through 2018. disabilities, and children and families; or 287(g) of the Immigration and Nationality SEC. 312. DEFICIT-NEUTRAL RESERVE FUND FOR (3) undermine the Federal guarantee of Act (8 U.S.C. 1357(g)); or IMMIGRATION REFORM AND EN- (6) implement the exit data portion of the health insurance coverage Medicaid pro- FORCEMENT. US–VISIT entry and exit data system at air- vides, which would threaten not only the (a) IN GENERAL.—The Chairman of the ports, seaports, and land ports of entry. health care safety net of the United States, Committee on the Budget of the Senate may but the entire health care system. (b) LIMITATION.—The authority under sub- revise the allocations of a committee or section (a) may not be used unless the appro- SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR committees, aggregates, and other levels in priations in the legislation described in sub- JUDICIAL PAY AND JUDGESHIPS. this resolution for 1 or more bills, joint reso- section (a) would not increase the deficit lutions, amendments, motions, or conference over— The Chairman of the Senate Committee on reports, by the amounts provided in such leg- the Budget may revise the allocations of a (1) the 6-year period comprised of fiscal islation for the purposes described in para- years 2008 through 2013; or committee or committees, aggregates, and graphs (1) through (7), that— other levels in this resolution for one or (2) the 11-year period comprised of fiscal (1) provide for increased border security, years 2008 through 2018. more bills, joint resolutions, amendments, enforcement of immigration laws, greater SEC. 314. DEFICIT-NEUTRAL RESERVE FUND FOR motions, or conference reports that would staffing, and immigration reform measures; authorize salary adjustments for justices and SCIENCE PARKS. (2) increase criminal and civil penalties The Chairman of the Senate Committee on judges of the United States or increase the against employers who hire undocumented number of Federal judgeships, by the the Budget may revise the allocations of a immigrants; committee or committees, aggregates, and amounts provided in such legislation for (3) prohibit employers who hire undocu- those purposes, provided that such legisla- other levels in this resolution for one or mented immigrants from receiving Federal more bills, joint resolutions, amendments, tion would not increase the deficit over ei- contracts; ther the period of the total of fiscal years motions, or conference reports that would (4) provide funding for the enforcement of provide grants and loan guarantees for the 2008 through 2013 or the period of the total of the employer sanctions described in para- fiscal years 2008 through 2018. development and construction of science graphs (2) and (3) and other employer sanc- parks to promote the clustering of innova- SEC. 309. DEFICIT-NEUTRAL RESERVE FUND FOR tions for hiring undocumented immigrants; tion through high technology activities, by REFORMING THE ALTERNATIVE (5) deploy an appropriate number of Na- the amounts provided in such legislation for MINIMUM TAX FOR INDIVIDUALS. tional Guard troops to the southern or such purpose, provided that such legislation The Chairman of the Senate Committee on northern border of the United States pro- would not increase the deficit over either the the Budget may revise the allocations of a vided that— period of the total of fiscal years 2008 committee or committees, aggregates, and (A) the Secretary of Defense certifies that through 2013 or the period of the total of fis- other levels in this resolution for one or the deployment would not negatively impact cal years 2008 through 2018. the safety of American forces in Iraq and Af- more bills, joint resolutions, amendments, SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR motions, or conference reports that would ghanistan; and 3-YEAR EXTENSION OF PILOT PRO- reinstate the pre-1993 rates for the alter- (B) the Governor of the National Guard’s GRAM FOR NATIONAL AND STATE native minimum tax for individuals, by the home State certifies that the deployment BACKGROUND CHECKS ON DIRECT amounts provided in such legislation for would not have a negative impact on the PATIENT ACCESS EMPLOYEES OF such purpose, provided that such legislation safety and security of that State; LONG-TERM CARE FACILITIES OR PROVIDERS. would not increase the deficit over either the (6) evaluate the Federal, State, and local If the Senate Committee on Finance re- period of the total of fiscal years 2008 prison populations that are noncitizens in ports a bill or joint resolution or an amend- through 2013 or the period of the total of fis- order to identify removable criminal aliens; ment is offered thereto or a conference re- cal years 2008 through 2018. or (7) implement the exit data portion of the port is submitted thereon, that provides for SEC. 310. DEFICIT-NEUTRAL RESERVE FUND FOR US–VISIT entry and exit data system at air- a 3-year extension of the pilot program for REPEALING THE 1993 INCREASE IN ports, seaports, and land ports of entry. national and State background checks on di- THE INCOME TAX ON SOCIAL SECU- rect patient access employees of long-term RITY BENEFITS. (b) LIMITATION.—The authority under sub- section (a) may not be used unless the legis- care facilities or providers under section 307 The Chairman of the Senate Committee on lation described in subsection (a) would not of the Medicare Prescription Drug, Improve- the Budget may revise the allocations of a increase the deficit over— ment, and Modernization Act of 2003 (42 committee or committees, aggregates, and (1) the total period comprised of fiscal U.S.C. 1395aa note) and removes the limit on other levels in this resolution for one or years 2008 through 2013; or the number of participating States under more bills, joint resolutions, amendments, (2) the total period comprised of fiscal such pilot program, the Chairman of the motions, or conference reports that would years 2008 through 2018. Senate Committee on the Budget may revise repeal the 1993 increase in the income tax on SEC. 313. DEFICIT-NEUTRAL RESERVE FUND FOR the aggregates, allocations, and other appro- Social Security benefits, by the amounts BORDER SECURITY, IMMIGRATION priate levels in this resolution by the provided in such legislation for such purpose, ENFORCEMENT, AND CRIMINAL amounts provided in such legislation for provided that such legislation would not in- ALIEN REMOVAL PROGRAMS. those purposes up to $160,000,000, provided crease the deficit over either the period of (a) IN GENERAL.—The Chairman of the that such legislation would not increase the the total of fiscal years 2008 through 2013 or Committee on the Budget of the Senate may deficit over either the period of the total of the period of the total of fiscal years 2008 revise the allocations of 1 or more commit- fiscal years 2008 through 2013 or the period of through 2018. tees, aggregates, and other appropriate lev- the total of fiscal years 2008 through 2018.

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.028 S31MRPT1 ccoleman on PROD1PC77 with SENATE S2248 CONGRESSIONAL RECORD — SENATE March 31, 2008 SEC. 316. DEFICIT-NEUTRAL RESERVE FUND FOR SEC. 319. DEFICIT-NEUTRAL RESERVE FUND FOR fully phased in from December 31, 2013, to STUDYING THE EFFECT OF CO- TRAUMATIC BRAIN INJURY. September 30, 2008, by the amounts provided OPERATION WITH LOCAL LAW EN- The Chairman of the Senate Committee on in that legislation for those purposes, pro- FORCEMENT. the Budget may revise the allocations, ag- vided that such legislation would not in- (a) IN GENERAL.—The Chairman of the gregates, and other levels in this resolution crease the deficit over either the period of Committee on the Budget of the Senate may for one or more bills, joint resolutions, the total of fiscal years 2008 through 2013 or revise the allocations of a committee or amendments, motions, or conference reports the period of the total of fiscal years 2008 committees, aggregates, and other levels in that provide at least $9,000,000 for fiscal year through 2018. this resolution for 1 or more bills, joint reso- 2009 to funds traumatic brain injury pro- SEC. 324. DEFICIT-NEUTRAL RESERVE FUND FOR lutions, amendments, motions, or conference grams under sections 393A, 393B, 1252, and INCREASED USE OF RECOVERY AU- reports, by the amounts provided in such leg- 1253 of the Public Health Service Act, if such DITS. islation for the purposes described in this legislation would not increase the deficit The Chairman of the Senate Committee on subsection, that would require an assessment over either the period of the total of fiscal the Budget may revise the allocations of a of the impact of local ordinances that pro- committee or committees, aggregates, and hibit cooperation with the Department of years 2008 through 2013 or the period of the total of fiscal years 2008 through 2018. other levels in this resolution for one or Homeland Security, with respect to— more bills, joint resolutions, amendments, SEC. 320. DEFICIT-NEUTRAL RESERVE FUND TO (1) the effectiveness of law enforcement, motions, or conference reports that achieves success rates of criminal prosecutions, re- IMPROVE ANIMAL HEALTH AND DIS- EASE PROGRAM. savings by requiring that agencies increase porting of criminal activity by immigrant their use of recovery audits authorized under (a) IN GENERAL.—Subject to subsection (b), victims of crime, and level of public safety; subchapter VI of chapter 35 of title 31, (2) changes in the number of reported inci- the Chairman of the Senate Committee on the Budget may revise the allocations, ag- United States Code, (commonly referred to dents or complaints of racial profiling; or as the Erroneous Payments Recovery Act of gregates, and other levels in this resolution (3) wrongful detention of United States 2001) and uses such savings to reduce the def- by the amounts provided by a bill, joint reso- Citizens and Lawful Permanent Residents. icit, by the amounts provided in such legisla- lution, amendment, motion, or conference (b) LIMITATION.—The authority under sub- tion for such purpose, provided that such leg- section (a) may not be used unless the legis- report that would ensure that the animal islation would not increase the deficit over lation described in subsection (a) would not health and disease program established either the period of the total of fiscal years increase the deficit over— under section 1433 of the National Agricul- 2008 through 2013 or the period of the total of (1) the total period comprised of fiscal tural Research, Extension, and Teaching fiscal years 2008 through 2018. Policy Act of 1977 (7 U.S.C. 3195) is fully years 2008 through 2013; or SEC. 325. DEFICIT-NEUTRAL RESERVE FUND FOR (2) the total period comprised of fiscal funded. FOOD SAFETY. years 2008 through 2018. (b) DEFICIT NEUTRALITY.—Subsection (a) The Chairman of the Senate Committee on SEC. 317. DEFICIT-NEUTRAL RESERVE FUND TO applies only if the legislation described in the Budget may revise the allocations of a TERMINATE DEDUCTIONS FROM subsection (a) would not increase the deficit committee or committees, aggregates, and MINERAL REVENUE PAYMENTS TO over the period of the total of fiscal years other levels in this resolution for one or STATES. 2008 through 2013 or the period of the total of more bills, joint resolutions, amendments, (a) IN GENERAL.—Subject to subsection (b), fiscal years 2008 through 2018. motions, or conference reports that would the Chairman of the Senate Committee on SEC. 321. DEFICIT-NEUTRAL RESERVE FUND FOR expand the level of Food and Drug Adminis- the Budget may revise the allocations, ag- IMPLEMENTATION OF YELLOW RIB- tration and Department of Agriculture food gregates, and other levels in this resolution BON REINTEGRATION PROGRAM safety inspection services, develop risk-based by the amounts provided by a bill, joint reso- FOR MEMBERS OF THE NATIONAL approaches to the inspection of domestic and lution, amendment, motion, or conference GUARD AND RESERVE. imported food products, provide for infra- report that would terminate the authority to The Chairman of the Senate Committee on structure and information technology sys- deduct certain amounts from mineral reve- the Budget may revise the aggregates, allo- tems to enhance the safety of the food sup- nues payable to States under the second un- cations, and other appropriate levels in this ply, expand scientific capacity and training designated paragraph of the matter under resolution for one more bills, joint resolu- programs, invest in improved surveillance the heading ‘‘ADMINISTRATIVE PROVISIONS’’ tions, amendments, motions, or conference and testing technologies, provide for under the heading ‘‘MINERALS MANAGEMENT reports that would provide for the implemen- foodborne illness awareness and education SERVICE’’ of title I of the Department of the tation of the Yellow Ribbon Reintegration programs, and enhance the Food and Drug Interior, Environment, and Related Agencies Program for members of the National Guard Administration’s recall authority, by the Appropriations Act, 2008 (Public Law 110–161; and Reserve under section 582 of the Na- amounts provided in such legislation for 121 Stat. 2109). tional Defense Authorization Act for Fiscal such purposes, provided that such legislation (b) DEFICIT NEUTRALITY.—Subsection (a) Year 2008 (Public Law 110–181), by the would not increase the deficit over either the applies only if the legislation described in amounts provided in such legislation for that period of the total of fiscal years 2008 subsection (a) would not increase the deficit purpose, provided that such legislation through 2013 or the period of the total of fis- over the period of the total of fiscal years would not increase the deficit over the total cal years 2008 through 2018. 2008 through 2013 or the period of the total of of the period of fiscal years 2008 through 2013. SEC. 326. DEFICIT-NEUTRAL RESERVE FUND FOR fiscal years 2008 through 2018. SEC. 322. DEFICIT-NEUTRAL RESERVE FUND FOR DEMONSTRATION PROJECT RE- SEC. 318. DEFICIT-NEUTRAL RESERVE FUND FOR REIMBURSING STATES FOR THE GARDING MEDICAID COVERAGE OF THE ESTABLISHMENT OF STATE COSTS OF HOUSING UNDOCU- LOW-INCOME HIV-INFECTED INDI- INTERNET SITES FOR THE DISCLO- MENTED CRIMINAL ALIENS. VIDUALS. SURE OF INFORMATION RELATING The Chairman of the Committee on the The Chairman of the Senate Committee on TO PAYMENTS MADE UNDER THE the Budget may revise the allocations of a STATE MEDICAID PROGRAM. Budget of the Senate may revise the aggre- gates, allocations, and other appropriate lev- committee or committees, aggregates, and If the Senate Committee on Finance re- other appropriate levels in this resolution ports a bill or joint resolution or an amend- els in this resolution for 1 or more bills, joint resolutions, amendments, motions, or con- for one or more bills, joint resolutions, ment is offered thereto or a conference re- amendments, motions or conference reports ference reports that would reimburse States port is submitted thereon, that provides for that provide for a demonstration project and units of local government for costs in- States to disclose, through a publicly acces- under which a State may apply under section curred to house undocumented criminal sible Internet site, each hospital, nursing fa- 1115 of the Social Security Act (42 U.S.C. aliens, by the amounts provided in such leg- cility, outpatient surgery center, inter- 1315) to provide medical assistance under a islation for those purposes, provided that mediate care facility for the mentally re- State Medicaid program to HIV-infected in- tarded, institution for mental diseases, or such legislation would not increase the def- dividuals who are not eligible for medical as- other institutional provider that receives icit over either the period of the total of fis- sistance under such program under section payment under the State Medicaid program, cal years 2008 through 2013 or the period of 1902(a)(10)(A)(i) of the Social Security Act (42 the total amount paid to each such provider the total of fiscal years 2008 through 2018. U.S.C. 1396a(a)(10)(A)(i)), by the amounts pro- each fiscal year, the number of patients SEC. 323. DEFICIT-NEUTRAL RESERVE FUND FOR vided in that legislation for those purposes, treated by each such provider, and the ACCELERATION OF PHASED-IN ELI- provided that such legislation would not in- amount of dollars paid per patient to each GIBILITY FOR CONCURRENT RE- crease the deficit over either the total of the CEIPT OF BENEFITS. such provider, and provided that the Com- period of fiscal years 2008 through 2013 or the The Chairman of the Senate Committee on mittee is within its allocation as provided total of the period of fiscal years 2008 the Budget may revise the allocations, ag- under section 302(a) of the Congressional through 2018. Budget Act of 1974, the Chairman of the Sen- gregates, and other appropriate levels and limits in this resolution for a bill, joint reso- SEC. 327. DEFICIT-NEUTRAL RESERVE FUND FOR ate Committee on the Budget may make the REDUCING INCOME THRESHOLD appropriate adjustments in the allocations lution, amendment, motion, or conference FOR REFUNDABLE CHILD TAX CRED- and aggregates to reflect such legislation if report that provides for changing the date by IT TO $10,000 WITH NO INFLATION any such measure would not increase the which eligibility of members of the Armed ADJUSTMENT. deficit over either the total of the period of Forces for concurrent receipt of retired pay The Chairman of the Senate Committee on fiscal years 2008 through 2013 or the total of and veterans’ disability compensation under the Budget may revise the allocations, ag- the period of fiscal years 2008 through 2018. section 1414 of title 10, United States Code, is gregates, and other levels in this resolution

VerDate Aug 31 2005 02:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.028 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2249 by the amounts provided by a bill, joint reso- (4) promotes the advanced research and de- phia Housing Authority is in violation of fair lution, amendment, motion, or conference velopment of new treatments and cures to housing requirements. report that would reduce the income thresh- enhance health care quality; (5) The Philadelphia Housing Authority de- old for the refundable child tax credit under if such legislation would not increase the nies this assertion and is challenging the section 24 of the Internal Revenue Code of deficit over either the period of the total of matter in Federal District Court. 1986 to $10,000 for taxable years 2009 and 2010 fiscal years 2008 through 2013 or the period of (6) That there is a suspicion of retaliation with no inflation adjustment, provided that the total of fiscal years 2008 through 2018. with regard to the U.S. Department of Hous- such legislation would not increase the def- SEC. 332. DEFICIT-NEUTRAL RESERVE FUND FOR ing and Urban Development’s refusal to icit over either the period of the total of fis- A 9/11 HEALTH PROGRAM. grant a one-year extension of Philadelphia cal years 2008 through 2013 or the period of If the Chairman of the Senate Committee Housing Authorities current agreement the total of fiscal years 2008 through 2018. on Health, Education, Labor, and Pensions under the same terms and conditions. SEC. 328. SENSE OF THE SENATE REGARDING reports out legislation to establish a pro- (b) SENSE OF THE SENATE.—It is the sense THE DIVERSION OF FUNDS SET gram, including medical monitoring and of the Senate that it was discovered that two ASIDE FOR USPTO. senior level officials at the U.S. Department It is the sense of the Senate that none of treatment, addressing the adverse health im- of Housing and Urban Development had the the funds recommended by this resolution, pacts linked to the September 11, 2001 at- following email exchange, referring to Phila- or appropriated or otherwise made available tacks, and if the Committee on Health, Edu- delphia Housing Authority Executive Direc- under any other Act, to the United States cation, Labor, and Pensions makes a finding tor Carl R. Greene— Patent and Trademark Office shall be di- that previously spent World Trade Center verted, redirected, transferred, or used for Health Program funds were used to provide (1) Then-Assistant Secretary for Public any other purpose than for which such funds screening, monitoring and treatment serv- and Indian Housing Orlando J. Cabrera were intended. ices, and directly related program support, wrote, ‘‘Would you like me to make his life less happy? If so, how?’’ SEC. 329. DEFICIT-NEUTRAL RESERVE FUND FOR the Chairman of the Senate Budget Com- EDUCATION REFORM. mittee may revise the aggregates, alloca- (2) Assistant Secretary for Fair Housing The Chairman of the Senate Committee on tions, and other appropriate levels in this and Equal Opportunity Kim Kendrick wrote, the Budget may revise the aggregates, allo- resolution, if such legislation would not in- ‘‘Take away all of his Federal dollars?’’ cations, and other appropriate levels in this crease the deficit over either the period of (3) Then-Assistant Secretary for Public resolution for one or more bills, joint resolu- the total of fiscal years 2008 through 2013 or and Indian Housing Orlando J. Cabrera tions, amendments, motions, or conference the period of the total of fiscal years 2008 wrote, ‘‘Let me look into that possibility.’’ reports that promote flexibility in existing through 2018. (A) That these emails were the subject of Federal education programs, restore State SEC. 333. DEFICIT-NEUTRAL RESERVE FUND TO questioning by Senator Casey to U.S. De- and local authority in education, ensure that BAN MEDICARE ADVANTAGE AND partment of Housing and Urban Development public schools are held accountable for re- PRESCRIPTION DRUG PLAN SALES Secretary Alphonso Jackson at a March 12, sults to parents and the public, and prevent AND MARKETING ABUSES. 2008 hearing before the Senate Committee on discrimination against homeschoolers, by The Chairman of the Senate Committee on Banking, Housing and Urban Affairs; and by the amounts provided in such legislation for the Budget may revise the allocations of a Senator Specter to Secretary Jackson at a those purposes, provided that such legisla- committee or committees, aggregates, and March 13, 2008 hearing before the Senate Ap- tion would not increase the deficit over ei- other levels in this resolution for one or propriations Subcommittee on Transpor- ther the period of the total of fiscal years more bills, joint resolutions, amendments, tation, Housing and Urban Development and 2008 through 2013 or the period of the total of motions, or conference reports that would Related Agencies. fiscal years 2008 through 2018. limit inappropriate or abusive marketing (B) That the Philadelphia Housing SEC. 330. DEFICIT-NEUTRAL RESERVE FUND FOR tactics by private insurers and their agents Authority’s allegation of retaliation appears PROCESSING NATURALIZATION AP- offering Medicare Advantage or Medicare to be substantiated by these newly discov- PLICATIONS. prescription drug plans by enacting any or ered emails. The Chairman of the Senate Committee on all of the recommendations agreed to by (C) That the expiration of the current the Budget may revise the allocations of a leaders of the health insurance industry on agreement is imminent and will negatively committee or committees, aggregates, and March 3, 2008, including prohibitions on cold impact 84,000 low-income residents of Phila- other levels in this resolution for one or calling and telephone solicitations for in- delphia. more bills, joint resolutions, amendments, home sales appointments with Medicare (4) It is the sense of the Senate that Phila- motions, or conference reports that would beneficiaries, free meals and inducements at delphia Housing Authority should be granted provide for the adjudication of name check sales events, cross-selling of non-health a one-year extension of its ‘‘Moving to Work and security clearances by October 1, 2008 by products, and up-selling of Medicare insur- Agreement’’ with the U.S. Department of the Federal Bureau of Investigations for in- ance products without prior consent of bene- Housing and Urban Development under the dividuals who have submitted or submit ap- ficiaries, by the amounts provided in such same terms and conditions as the current plications for naturalization before March 1, legislation for such purpose, provided that agreement. 2008 or provide for the adjudication of appli- such legislation would not increase the def- SEC. 335. SENSE OF THE SENATE REGARDING A cations, including the interviewing and icit over either the period of the total of fis- BALANCED BUDGET AMENDMENT TO swearing-in of applicants, by October 1, 2008 cal years 2008 through 2013 or the period of THE CONSTITUTION OF THE UNITED by the Department of Homeland Security/ the total of fiscal years 2008 through 2018. STATES. U.S. Citizenship and Immigration Services SEC. 334. SENSE OF THE SENATE REGARDING EX- (a) FINDINGS.—The Senate finds that— for individuals who apply or have applied for TENDING THE ‘‘MOVING TO WORK (1) On January 26, 1996, the House of Rep- naturalization before March 1, 2008, by the AGREEMENT’’ BETWEEN THE PHILA- resentatives passed H.J. Res. 1, the Balanced amounts provided in such legislation for DELPHIA HOUSING AUTHORITY AND Budget Amendment to the Constitution of such purpose, provided that such legislation THE U.S. DEPARTMENT OF HOUSING the United States, by the necessary two- would not increase the deficit over either the AND URBAN DEVELOPMENT UNDER thirds majority (300–132); period of the total of fiscal years 2008 THE SAME TERMS AND CONDITIONS FOR A PERIOD OF ONE YEAR. (2) On June 6, 1996, the Senate fell three through 2013 or the period of the total of fis- votes short of the two-thirds majority vote (a) FINDINGS.—The Senate makes the fol- cal years 2008 through 2018. needed to pass the Balanced Budget Amend- SEC. 331. DEFICIT-NEUTRAL RESERVE FUND FOR lowing findings: (1) The current ‘‘Moving to Work Agree- ment; and ACCESS TO QUALITY AND AFFORD- (3) Since the House of Representatives and ABLE HEALTH INSURANCE. ment’’ between the Philadelphia Housing Au- The Chairman of the Senate Committee on thority and the U.S. Department of Housing Senate last voted on the Balanced Budget the Budget may revise the allocations, ag- and Urban Development is set to expire on Amendment, the debt held by the public has gregates, and other levels in this resolution March 31, 2008. grown from $3,700,000,000,000 to more than for one or more bills, joint resolutions, (2) The Philadelphia Housing Authority $5,000,000,000,000. amendments, motions, or conference reports has used this agreement to leverage private (b) SENSE OF THE SENATE.—It is the sense that— and public resources to develop mixed-in- of the Senate that a Balanced Budget (1) promotes choice and competition to come communities that address the needs of Amendment to the Constitution of the drive down costs and improve access to the very poor while reshaping entire commu- United States should be voted on at earliest health care for all Americans without in- nities, and estimates that it will lose opportunity. creasing taxes; $50,000,000 as a result of the agreement expir- SEC. 336. SENSE OF THE SENATE REGARDING (2) strengthens health care quality by pro- ing. THE NEED FOR COMPREHENSIVE moting wellness and empowering consumers (3) The U.S. Department of Housing and LEGISLATION TO LEGALIZE THE IM- PORTATION OF PRESCRIPTION with accurate and comprehensive informa- Urban Development has refused to grant DRUGS FROM HIGHLY INDUSTRI- tion on quality and cost; Philadelphia Housing Authority a 1-year ex- ALIZED COUNTRIES WITH SAFE (3) protects Americans’ economic security tension of its current agreement under the PHARMACEUTICAL INFRASTRUC- from catastrophic events by expanding insur- same terms and conditions. TURES. ance options and improving health insurance (4) The U.S. Department of Housing and (a) FINDINGS.—The Senate makes the fol- portability; and Urban Development alleges that Philadel- lowing findings:

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(1) The United States is the world’s largest MAKING MAJORITY PARTY AP- Whereas, at any given time, 1⁄2 of the market for pharmaceuticals, yet consumers POINTMENTS FOR THE 110TH world’s hospital beds are occupied by pa- still pay the world’s highest prices. CONGRESS tients suffering from a water-borne disease; (2) In 2000, Congress took action to legalize Whereas 88 percent of all diseases are the importation of prescription drugs from Mr. WHITEHOUSE. I send a resolu- caused by unsafe drinking water, inadequate other countries by United States wholesalers tion to the desk and ask for its imme- sanitation, and poor hygiene; and pharmacists, and before such a program diate consideration. Whereas 1,100,000,000 (1 in 6) people lack ac- can go into effect, the Secretary of Health The PRESIDING OFFICER. The cess to an improved water supply; and Human Services (HHS) must certify that clerk will report the resolution by Whereas 2,600,000,000 people in the world the program would have no adverse impact title. lack access to improved sanitation; on safety and that it would reduce costs for The legislative clerk read as follows: Whereas the global celebration of World American consumers. Water Day is an initiative that grew out of A resolution (S. Res. 492) amending major- (3) Since 2000, no Secretary of HHS has the 1992 United Nations Conference on Envi- ity party membership on the Select Com- made the certification required to permit ronment and Development in Rio de Janeiro; mittee on Ethics for the remainder of the the implementation of a program for impor- Whereas the participants in the 2002 World 110th Congress. tation of prescription drugs. Summit on Sustainable Development in Jo- (4) In July 2006, the Senate approved by a There being no objection, the Senate hannesburg, including the United States, vote of 68–32 an amendment to the Depart- proceeded to consider the resolution. agreed to the Plan of Implementation which ment of Homeland Security Appropriations Mr. WHITEHOUSE. I ask unanimous included an agreement to work to reduce by Act, 2007, that prohibits Customs and Border consent that the resolution be agreed 1⁄2 from the baseline year 1990 ‘‘the propor- Protection from preventing individuals not to, and that the motion to reconsider tion of people who are unable to reach or to in the business of importing prescription be laid upon the table without inter- afford safe drinking water’’, ‘‘and the propor- drugs from carrying them across the border viewing action. tion of people without access to basic sanita- with Canada. The PRESIDING OFFICER. Without tion’’ by 2015; and (5) In July 2007, the Senate adopted lan- objection, it is so ordered. Whereas Congress passed and the President guage similar to the 2007 amendment in the signed into law the Senator Paul Simon Department of Homeland Security Appro- The resolution (S. Res. 492) was Water for the Poor Act of 2005 (Public Law priations Act, 2008. agreed to, as follows: 109–121), which was intended to ‘‘elevate the (6) In October 2007, the Senate adopted lan- S. RES. 492 role of water and sanitation policy in the de- guage in the Departments of Labor, Health Resolved, That Senate Resolution 27 (110th velopment of U.S. foreign policy and improve and Human Services, and Education, and Re- Congress) is amended, effective January 1, the effectiveness of U.S. official programs’’: lated Agencies Appropriations Act, 2008, that 2008, by striking all from ‘‘ETHICS:’’ Now, therefore, be it prohibits anti-reimportation activities with- through ‘‘72a–1f’’ and inserting ‘‘ETHICS: Resolved, That the Senate— in HHS. Mrs. Boxer (Chairman), Mr. Pryor, and Mr. (1) supports the goals and ideals of ‘‘World (b) SENSE OF THE SENATE.—It is the sense Salazar’’. Water Day’’; of the Senate that— f (2) urges an increased effort and the invest- (1) the leadership of the Senate should ment of greater resources by the Department bring to the floor for full debate in 2008 com- WORLD WATER DAY of State, the United States Agency for Inter- prehensive legislation that legalizes the im- Mr. WHITEHOUSE. Mr. President, I national Development, and all relevant Fed- portation of prescription drugs from highly ask unanimous consent that the For- eral departments and agencies toward pro- industrialized countries with safe pharma- eign Relations Committee be dis- viding sustainable and equitable access to ceutical infrastructures and creates a regu- safe drinking water and sanitation for the latory pathway to ensure that such drugs are charged from further consideration of poor and the very poor; and safe; S. Res. 478, and the Senate then pro- (3) encourages the people of the United (2) such legislation should be given an up ceed to its immediate consideration. States to observe the week with appropriate or down vote on the floor of the Senate; and The PRESIDING OFFICER. Without activities that promote awareness of the im- (3) previous Senate approval of 3 amend- objection, it is so ordered. portance of access to clean water. ments in support of prescription drug impor- The clerk will report the resolution f tation shows the Senate’s strong support for by title. passage of comprehensive importation legis- The legislative clerk read as follows: NATIONAL CEREBRAL PALSY lation. A resolution (S. Res. 478) supporting the AWARENESS DAY f goals and ideals of ‘‘World Water Day.’’ Mr. WHITEHOUSE. I ask unanimous UNANIMOUS-CONSENT There being no objection, the Senate consent that the Judiciary Committee AGREEMENT—H.R. 3221 proceeded to consider the resolution. be discharged from further consider- Mr. WHITEHOUSE. I ask unanimous Mr. WHITEHOUSE. Mr. President, I ation of S. Res. 484 and that the Senate ask unanimous consent that at 2:15 consent that the resolution and pre- now proceed to its immediate consider- p.m., Tuesday, April 1, the Senate pro- amble be agreed to en bloc, the mo- ation. ceed to the motion to reconsider the tions to reconsider be laid upon the The PRESIDING OFFICER. Without vote by which cloture was not invoked table en bloc, and any statements be objection, it is so ordered. on the motion to proceed to H.R. 3221; printed in the RECORD. The clerk will report the resolution The PRESIDING OFFICER. Without that the motion to reconsider be by title. objection, it is so ordered. agreed to; further, that the time until The legislative clerk read as follows: The resolution (S. Res. 478) was A resolution (S. Res. 484) designating 2:30 p.m. be equally divided and con- agreed to. trolled between the two leaders with March 25, 2008, as ‘‘National Cerebral Palsy The preamble was agreed to. Day.’’ the majority leader controlling the The resolution, with its preamble, There being no objection, the Senate final 71⁄2 minutes; that at 2:30 p.m, reads as follows: without further intervening action or proceeded to consider the resolution. S. RES. 478 Mr. WHITEHOUSE. I ask unanimous debate, the Senate proceed to vote on Whereas the United Nations General As- the motion to invoke cloture on the consent that the resolution be agreed sembly, via resolution, has designated March to, the preamble be agreed to, and the motion to proceed to H.R. 3221. 22 of each year as World Water Day; The PRESIDING OFFICER. Without Whereas a person needs 4 to 5 liters of motions to reconsider be laid upon the objection, it is so ordered. water per day to survive; table. The PRESIDING OFFICER. Without f Whereas a person can live weeks without food, but only days without water; objection, it is so ordered. UNANIMOUS-CONSENT Whereas every 15 seconds a child dies from The resolution (S. Res. 484) was AGREEMENT—S. 1974 a water-borne disease; agreed to. Mr. WHITEHOUSE. Mr. President, I Whereas, for children under age 5, water- The preamble was agreed to. ask unanimous consent that the order borne diseases are the leading cause of death; The resolution, with its preamble, Whereas millions of women and children reads as follows: of December 19, 2007, with respect to S. spend several hours a day collecting water 1974, be vitiated and that S. 1974 re- from distant, often polluted sources; S. RES. 484 main at the desk. Whereas every dollar spent on water and Whereas cerebral palsy is any number of The PRESIDING OFFICER. Without sanitation saves on average $9 in costs avert- neurological disorders that appear in infancy objection, it is so ordered. ed and productivity gained; or early childhood and permanently affect

VerDate Aug 31 2005 04:07 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A31MR6.028 S31MRPT1 ccoleman on PROD1PC77 with SENATE March 31, 2008 CONGRESSIONAL RECORD — SENATE S2251 body movement and the muscle coordination There being no objection, the Senate, EXECUTIVE OFFICE OF THE PRESIDENT necessary to maintain balance and posture; at 5:39 p.m., recessed until Tuesday, MICHAEL E. LEITER, OF THE DISTRICT OF COLUMBIA, Whereas cerebral palsy is caused by dam- April 1, 2008, at 10 a.m. TO BE DIRECTOR OF THE NATIONAL COUNTERTER- age to 1 or more specific areas of the brain, RORISM CENTER, OFFICE OF THE DIRECTOR OF NA- usually occurring during fetal development, f TIONAL INTELLIGENCE, VICE JOHN S. REDD, RESIGNED. before, during, or shortly after birth, or dur- NOMINATIONS IN THE AIR FORCE ing infancy; THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Whereas the majority of children are born Executive nominations received by IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- with cerebral palsy, although it may not be the Senate: CATED UNDER TITLE 10, U.S.C., SECTION 624: detected until months or years later; SECURITIES AND EXCHANGE COMMISSION To be brigadier general Whereas 75 percent of individuals with cer- ELISSE WALTER, OF MARYLAND, TO BE A MEMBER OF COLONEL WILLIAM J. BENDER ebral palsy also have 1 or more additional de- THE SECURITIES AND EXCHANGE COMMISSION FOR A COLONEL BRYAN J. BENSON velopmental disabilities including epilepsy, TERM EXPIRING JUNE 5, 2012, VICE ANNETTE L. NAZA- COLONEL CHRISTOPHER C. BOGDAN RETH, TERM EXPIRED. COLONEL DARRYL W. BURKE intellectual disability, autism and visual im- LUIS AGUILAR, OF GEORGIA, TO BE A MEMBER OF THE COLONEL JOSEPH T. CALLAHAN III pairments, or blindness; SECURITIES AND EXCHANGE COMMISSION FOR THE RE- COLONEL MICHAEL J. CAREY Whereas the Centers for Disease Control MAINDER OF THE TERM EXPIRING JUNE 5, 2010, VICE COLONEL JOHN B. COOPER ROEL C. CAMPOS, RESIGNED. COLONEL SAMUEL D. COX and Prevention recently released informa- COLONEL TERESA A. H. DJURIC tion indicating an increase in the prevalence DEPARTMENT OF COMMERCE COLONEL CARLTON D. EVERHART II COLONEL TERRENCE A. FEEHAN CHRISTOPHER R. WALL, OF VIRGINIA, TO BE AN AS- of cerebral palsy and that the rate is now COLONEL SAMUEL A. R. GREAVES SISTANT SECRETARY OF COMMERCE, VICE CHRISTOPHER about 1 in 278 children; COLONEL RUSSELL J. HANDY A. PADILLA. COLONEL SCOTT M. HANSON Whereas 800,000 Americans are affected by LILY FU CLAFFEE, OF ILLINOIS, TO BE GENERAL COUN- COLONEL VERALINN JAMIESON SEL OF THE DEPARTMENT OF COMMERCE, VICE JOHN J. cerebral palsy; COLONEL JEFFREY G. LOFGREN SULLIVAN. Whereas, while there is no current cure for COLONEL EARL D. MATTHEWS cerebral palsy, some treatment will often DEPARTMENT OF TRANSPORTATION COLONEL KURT F. NEUBAUER COLONEL ROBERT C. NOLAN II improve a child’s capabilities and scientists TYLER D. DUVALL, OF VIRGINIA, TO BE UNDER SEC- COLONEL CRAIG S. OLSON and researchers are hopeful that break- RETARY OF TRANSPORTATION FOR POLICY, VICE JEF- COLONEL JOHN R. RANCK, JR. throughs will be forthcoming; FREY SHANE, RESIGNED. COLONEL DARRYL L. ROBERSON DEPARTMENT OF THE INTERIOR COLONEL JEFFRY F. SMITH Whereas researchers across the Nation are COLONEL JOHN F. THOMPSON conducting important research projects in- KAMERAN L. ONLEY, OF WASHINGTON, TO BE AN AS- COLONEL GREGORY J. TOUHILL volving cerebral palsy; and SISTANT SECRETARY OF THE INTERIOR, VICE MARK A. COLONEL THOMAS J. TRASK LIMBAUGH. COLONEL JOSEPH S. WARD, JR. Whereas the Senate is an institution that COLONEL SCOTT D. WEST can raise awareness in the general public and EXECUTIVE OFFICE OF THE PRESIDENT COLONEL TIMOTHY M. ZADALIS the medical community of cerebral palsy: A. ELLEN TERPSTRA, OF NEW YORK, TO BE CHIEF AGRI- IN THE ARMY Now, therefore, be it CULTURAL NEGOTIATOR, OFFICE OF THE UNITED Resolved, That the Senate— STATES TRADE REPRESENTATIVE, WITH THE RANK OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AMBASSADOR, VICE RICHARD T. CROWDER. IN THE UNITED STATES ARMY TO THE GRADE INDICATED (1) designates March 25, 2008, as ‘‘National WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Cerebral Palsy Awareness Day’’; INTER-AMERICAN DEVELOPMENT BANK RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: (2) recognizes that all people of the United MIGUEL R. SAN JUAN, OF TEXAS, TO BE UNITED To be lieutenant general States should become more informed and STATES EXECUTIVE DIRECTOR OF THE INTER-AMERICAN DEVELOPMENT BANK FOR A TERM OF THREE YEARS, BRIG. GEN. PATRICK J. O’REILLY aware of cerebral palsy; and VICE HECTOR E. MORALES, TERM EXPIRED. IN THE NAVY (3) respectfully requests the Secretary of DEPARTMENT OF STATE the Senate to transmit a copy of this resolu- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT tion to Reaching for the Stars: A Foundation PHILIP THOMAS REEKER, OF THE DISTRICT OF COLUM- IN THE UNITED STATES NAVY TO THE GRADE INDICATED BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- UNDER TITLE 10, U.S.C., SECTION 624: of Hope for Children with Cerebral Palsy. ICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EX- TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED To be rear admiral (lower half) f STATES OF AMERICA TO THE REPUBLIC OF MACEDONIA. CAPTAIN DOUGLASS T. BIESEL ROBERT STEPHEN BEECROFT, OF CALIFORNIA, A CA- CAPTAIN BARRY L. BRUNER ORDERS FOR TUESDAY, APRIL 1, REER MEMBER OF THE SENIOR FOREIGN SERVICE, CAPTAIN JERRY K. BURROUGHS CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- 2008 CAPTAIN JAMES D. CLOYD DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CAPTAIN THOMAS A. CROPPER OF AMERICA TO THE HASHEMITE KINGDOM OF JORDAN. Mr. WHITEHOUSE. Mr. President, I CAPTAIN DENNIS E. FITZPATRICK ask unanimous consent that when the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CAPTAIN MICHAEL T. FRANKEN CAPTAIN BRADLEY R. GEHRKE Senate completes its business today, it CONSTANCE S. BARKER, OF ALABAMA, TO BE A MEM- CAPTAIN ROBERT P. GIRRIER stand in recess until 10 a.m. tomorrow, BER OF THE EQUAL EMPLOYMENT OPPORTUNITY COM- CAPTAIN PAUL A. GROSKLAGS MISSION FOR A TERM EXPIRING JULY 1, 2011, VICE CARI CAPTAIN SINCLAIR M. HARRIS April 1; that following the prayer and M. DOMINGUEZ, RESIGNED. CAPTAIN MARGARET D. KLEIN pledge, the Journal of proceedings be NATIONAL COUNCIL ON DISABILITY CAPTAIN TERRY B. KRAFT CAPTAIN PATRICK J. LORGE approved to date, the time for the two ANNE RADER, OF VIRGINIA, TO BE A MEMBER OF THE CAPTAIN BRAIN L. LOSEY leaders be reserved for their use later NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- CAPTAIN MICHAEL E. MCLAUGHLIN ING SEPTEMBER 17, 2010. (REAPPOINTMENT) CAPTAIN WILLIAM F. MORAN in the day, and the Senate proceed to a KATHERINE O. MCCARY, OF VIRGINIA, TO BE A MEMBER CAPTAIN SAMUEL PEREZ, JR. period of morning business until 12:30 OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM CAPTAIN JAMES J. SHANNON EXPIRING SEPTEMBER 17, 2009, VICE MILTON APONTE, CAPTAIN CLIFFORD S. SHARPE p.m., with Senators permitted to speak TERM EXPIRED. CAPTAIN TROY M. SHOEMAKER therein for up to 10 minutes each, with LISA MATTHEISS, OF TENNESSEE, TO BE A MEMBER OF CAPTAIN DIXON R. SMITH THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- CAPTAIN ROBERT L. THOMAS, JR. the time equally divided and controlled PIRING SEPTEMBER 17, 2010. (REAPPOINTMENT) CAPTAIN DOUGLAS J. VENLET between the two leaders or their des- JOHN H. HAGER, OF VIRGINIA, TO BE A MEMBER OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- IN THE UNITED STATES NAVY TO THE GRADE INDICATED ignees; further, I ask that at 12:30 p.m., ING SEPTEMBER 17, 2009, VICE ROBERT DAVILA, TERM EX- UNDER TITLE 10, U.S.C., SECTION 624: the Senate recess until 2:15 p.m. to PIRED. MARVIN G. FIFIELD, OF UTAH, TO BE A MEMBER OF To be rear admiral (lower half) allow for the weekly caucus luncheons. THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- The PRESIDING OFFICER. Without PIRING SEPTEMBER 17, 2011. (REAPPOINTMENT) CAPT. DAVID F. BAUCOM objection, it is so ordered. MARVIN G. FIFIELD, OF UTAH, TO BE A MEMBER OF CAPT. VINCENT L. GRIFFITH THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PIRING SEPTEMBER 17, 2008, VICE GRAHAM HILL, TERM f IN THE UNITED STATES NAVY TO THE GRADE INDICATED EXPIRED. UNDER TITLE 10, U.S.C., SECTION 624: PROGRAM KRISTEN COX, OF UTAH, TO BE A MEMBER OF THE NA- TIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING To be rear admiral (lower half) Mr. WHITEHOUSE. As a reminder, at SEPTEMBER 17, 2009, VICE LINDA WETTERS, TERM EX- PIRED. CAPT. DAVID C. JOHNSON approximately 2:30 p.m. tomorrow, the CHAD COLLEY, OF FLORIDA, TO BE A MEMBER OF THE CAPT. THOMAS J. MOORE Senate will vote on the motion to in- NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- ING SEPTEMBER 17, 2010. (REAPPOINTMENT) THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT voke cloture on the motion to proceed VICTORIA RAY CARLSON, OF IOWA, TO BE A MEMBER IN THE UNITED STATES NAVY TO THE GRADE INDICATED to H.R. 3221, the housing legislation. OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM UNDER TITLE 10, U.S.C., SECTION 624: EXPIRING SEPTEMBER 17, 2010. (REAPPOINTMENT) To be rear admiral (lower half) f TONY J. WILLIAMS, OF WASHINGTON, TO BE A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM CAPT. DONALD E. GADDIS RECESS UNTIL 10 A.M. TOMORROW EXPIRING SEPTEMBER 17, 2009, VICE YOUNG WOO KANG, CAPT. MAUDE E. YOUNG TERM EXPIRED. Mr. WHITEHOUSE. If there is no fur- JOHN R. VAUGHN, OF FLORIDA, TO BE A MEMBER OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED ther business to come before the Sen- THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- PIRING SEPTEMBER 17, 2010. (REAPPOINTMENT) UNDER TITLE 10, U.S.C., SECTION 624: ate, I now ask unanimous consent that RENEE L. TYREE, OF ARIZONA, TO BE A MEMBER OF To be rear admiral (lower half) it stand in recess under the previous THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- PIRING SEPTEMBER 17, 2009, VICE KATHLEEN MARTINEZ, CAPT. MICHAEL H. ANDERSON order. TERM EXPIRED. CAPT. WILLIAM R. KISER

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THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL K. KINGSLEY UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S IN THE UNITED STATES NAVY TO THE GRADE INDICATED STEVEN J. KONIE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: UNDER TITLE 10, U.S.C., SECTION 624: THOMAS J. KRZYMINSKI JILL A. LANNAN To be major To be rear admiral (lower half) ANTHONY M. LASURE BRIAN J. CHAPURAN CAPT. NORMAN R. HAYES MARK J. LEINGANG ROBERT L. LIENEMANN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC W. LIND APPOINTMENT TO THE GRADE INDICATED IN THE IN THE UNITED STATES NAVY TO THE GRADE INDICATED JAMES V. LOCKE UNITED STATES ARMY VETERINARY CORPS UNDER UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM J. LONG TITLE 10, U.S.C., SECTION 531 AND 3064: CORY H. LYMAN To be rear admiral (lower half) STEPHEN J. MAHER To be major CAPT. CYNTHIA A. COVELL MARK C. MALY MICHAEL H. MANGEN GREGORY T. REPPAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GERARD J. MANGIS III THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR IN THE UNITED STATES NAVY TO THE GRADE INDICATED ERIC W. MANN APPOINTMENT TO THE GRADE INDICATED IN THE UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN E. MARKOVICH UNITED STATES ARMY MEDICAL SPECIALIST CORPS FLORENCIO E. MARQUINEZ, JR. UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: To be rear admiral (lower half) SIDNEY N. MARTIN MARK A. MCCAULEY CAPT. WILLIAM E. LEIGHER To be major MARK MCGRATH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT J. MCGRATH, JR. VANESSA M. MEYER DEAN P. MCLAIN IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MICHAEL A. MEYERS UNDER TITLE 10, U.S.C., SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE DAVID J. MILES UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, To be rear admiral (lower half) DAVID H. MOLINARO U.S.C., SECTIONS 531 AND 3064: CHARLES S. MONROE CAPT. ELIZABETH S. NIEMYER KERRY L. MUEHLENBECK To be major IN THE AIR FORCE RANDALL D. MYERS JACQUELINE A. NAVE THOMAS E. DURHAM THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE TREVOR O. NOEL DANIEL P. MASSEY UNITED STATES OFFICERS FOR APPOINTMENT TO THE TIMOTHY J. OLSON GRADE INDICATED IN THE RESERVE OF THE AIR FORCE RICHARD C. OXNER, JR. THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ROBERT PARK APPOINTMENT TO THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, To be colonel THOMAS C. PATTON RANDAL S. POPE U.S.C., SECTIONS 531 AND 3064: DAVID L. BABCOCK DOUGLAS N. PRESTON, JR. To be colonel DAVID P. BACZEWSKI DAISY RALDIRIS MARK B. BAHOSH CORY K. REID CHARLES L. GARBARINO SUSAN L. BAILAR WILLIAM B. RICHY JEFFREY A. BAILEY WADE D. RUPPER To be lieutenant colonel STEVEN M. BALSER CHRIS R. RYAN CHARLES R. PATTAN SCOTT J. BARBERIDES BRADEN K. SAKAI GREGORY O. BATES EDWARD A. SAULEY III To be major KAREN K. BENCE KEITH A. SCHELL VERNON P. BENNETT GREGORY N. SCHNULO JUAN GARRASTEGUI LUDWIG J. SCHUMACHER GRANT V. BERGGREN THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR GREG ANDREW SEMMEL SAMUEL W. BLACK APPOINTMENT TO THE GRADES INDICATED IN THE PETER J. SEPE PAUL F. BLANZY UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, MARK SHEEHAN ALLEN D. BOLTON U.S.C., SECTIONS 531 AND 3064: AARON J. BOOHER RANDALL A. SPEAR, JR. MARK A. BOWER RONALD C. STAMPS To be lieutenant colonel MICHAEL E. CHENEY GREGORY E. STRICKLAND DANIEL B. CLARK CORY T. STROBEL MILTON M. ONG LLOYD D. COKER FRANCINE I. SWAN To be major PAMELA J. COMBS ROSS A. SWEZEY GILBERTO CUEVASGERENA RENEE M. TATRO MATTHEW S. MOWER MARK G. DAVIS KURT R. TEK WILLIAM D. DEHAES DAVID T. TENLEN THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR DONALD A. DELPORTO SAM E. THOMAS, JR. APPOINTMENT TO THE GRADE INDICATED IN THE WILLIAM D. DOCKERY, JR. KEVIN M. WALSH UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER ANDREW J. DONNELLY MICHAEL P. WARD TITLE 10, U.S.C., SECTIONS 531 AND 3064: DANIEL G. EAGAN STEVEN C. WARREN To be lieutenant colonel HOWARD L. EISSLER BARTON W. WELKER MICHAEL S. FARRELL RONALD W. WILSON CRAIG A. MYATT TODD A. FREESEMANN WALTER R. WINGARD DONALD A. FURLAND ANDREW I. WOLKSTEIN IN THE NAVY GREGORY A. GARDNER JORDAN A. WOMMACK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RANDY E. GREENWOOD DEVIN R. WOODEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS W. GROSS ARTHUR P. WUNDER UNDER TITLE 10, U.S.C., SECTION 624: EDWARD J. GUNNING, JR. WAYNE A. ZIMMET PHILLIP W. GUY IN THE ARMY To be lieutenant commander SHANE A. HALBROOK KATHLEEN M. HANCOX THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AARON J. BEATTIE IV JANET S. HANSON AS PERMANENT PROFESSOR AT THE UNITED STATES THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- FREDERIK G. HARTWIG MILITARY ACADEMY IN THE GRADE INDICATED UNDER MENT IN THE GRADE INDICATED IN THE UNITED STATES WARREN H. HURST, JR. TITLE 10, U.S.C., SECTION 4333(B) AND 4336(A): NAVY UNDER TITLE 10, U.S.C., SECTION 531: THOMAS W. JACKMAN, JR. To be colonel PAMELA A. JACKSON To be lieutenant commander CLIFFORD N. JAMES BARRY L. SHOOP GARY M. JAMES KRISTIAN E. LEWIS DONALD L. JOHNSON THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR MARK Y. LIU THOMAS J. KENNETT APPOINTMENT TO THE GRADE INDICATED IN THE LUTHER P. MARTIN

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WOMEN’S ART, WOMEN’S VISION Barbara Brennen—Barbara is the owner of was involved in an art contest for local stu- Stride, Inc., a manufacturing company of office dents. Throughout this time she visited the HON. HEATHER WILSON supplies, which employs people with disabil- schools, putting in the extra effort to let each OF NEW MEXICO ities. Barbara knows that working, mastering a child know how special they are, inspiring task or gaining a skill, is the best builder of IN THE HOUSE OF REPRESENTATIVES many of the children to participate. self-esteem in the world. Over 200 people Monday, March 31, 2008 Mignon Donnellon—Mignon is the mother of have out-grown her factory and are now em- four adopted children. She volunteers with Mrs. WILSON of New Mexico. Madam ployed in the community. several organizations to raise funds for schol- Sonia Britton—Sonia has turned a personal Speaker, in honor of Women’s History Month, arships of deserving children for higher edu- tragedy, the loss of her only son Butch in a I asked New Mexicans to send me nomina- cation. tions of women in New Mexico who have DWI crash, into the DWI Memorial of Per- given special service to our community, but petual Tears in Moriarty. A true advocate for Dr. Leslie Donovan—Dr. Donovan is de- may have never received recognition for their change, Sonia volunteers with organizations, scribed as a superior educator, mentor and good deeds. such as Mother’s Against Drunk Driving, to friend at the University of New Mexico. While On Tuesday, March 25, 2008, I had the make a difference. She helps our community sharing a wealth of knowledge through her honor and privilege of recognizing sixty-one understand the personal cost of DWI. classes, she goes the extra mile to support worthy nominations describing sacrifices and Marlene Brown—Marlene is President of the the well-being of her students. contributions these women have made for our New Mexico Solar Energy Association and Doris Duran—Mrs. Duran is the office man- community. The people who nominated the serving within the organization for over 10 ager at The Valencia County Domestic Vio- women describe the dedication they have wit- years. After losing her brother in 2001 to Leu- lence Shelter, and teaches a parenting class nessed: volunteer hours for veteran’s services, kemia, she raised over $10,000 for the Leu- twice a week. Whether it is at work or in her service on non-profit boards, homeless pro- kemia and Lymphoma Society. Her volunteer spare time she is always willing to step in and grams, mentors for young women, health care work with many organizations makes a posi- help. providers going above the call of duty, child tive impact on many people. Patricia Brown—As a child, her son, John, Pamela Finley—Pamela moved to New advocates, volunteers at churches and syna- remembers his mother’s life as an unending Mexico 2 years ago and wasted no time get- gogues, successful business women, wives, stream of school activities, cupcakes, PTA ting involved with several organizations in Va- mothers and friends. meetings, child advocacy boards, soup kitch- lencia County, including Valencia Youth Lit- Allow me to share information about this ens, food banks, and hospitals. At 82 years eracy Council and the Mid Valley Air Park. year’s nominees: old, Patricia has spent countless hours to Today, she also provides coaching for young Cindy Aguilar—As an integral member of make the world a safe, decent and loving women in the Miss New Mexico Scholarship the Lovelace Rehabilitation Hospital, Cindy place. program. demonstrates excellence in all she does. She Dede Brownstein—Dede is a dedicated vol- is willing to take on extra responsibilities and Joe Ann Gantz—Born in 1932, she was the unteer with Pet Therapy, teaching the under- only one of 12 children to earn a degree from is known for going the extra mile. standing of the human link to the humane Bobbye Allen—Bobbye, a member of NMSU, a rarity in those days. In the 1960s, treatment of animals. As a volunteer for pet Joe Ann started a kindergarten, one of only Epsilom Sigma Alpha International, has al- therapy programs she takes her dogs to hos- ways served to make a difference in the lives two in Las Cruces. A believer in education, pitals, nursing homes, libraries and the Youth she later earned a Masters in speech therapy of people she’s never met. She does this Detention Center. She has made an impact on through philanthropic work for Boys and Girls and worked with handicapped children in the over 5,000 youth within the Detention Center Las Cruces Public Schools. Ranch, CYF, Easter Seals, UNM Children’s alone. Dede also set up the READ to the Hospital and also as a member of 3 different Dogs program to help kids with reading prob- Evelyn Gutierrez—Evelyn has been the vol- Chamber of Commerce. lems. unteer Program Director for ‘‘Thomas Baca’s Linda Barbour—Linda has worked tirelessly Margaret Carroll—Margaret has served on Food Pantry’’ for over 15 years. She travels as a founding member and President of the the DWI advisory board for four years, with 64 miles round trip from Chilili to Albuquerque East Mountain Area Coalition. She was also a the last two as president. She works tirelessly several times a month as part of her commit- key mover in initiating a permanent memorial to secure funding for inpatient rehabilitation ment to the program. She has inspired others for Deputy James McGrane. Her ability to programs, while bringing awareness to our to volunteer. Despite having been declared work so efficiently with many different people community about the dangers of alcoholism. ‘‘dead once,’’ she continues to live her passion makes her a great advocate and representa- Margaret also serves on the East Mountain to help others. tive for the East Mountain community. Coalition of Neighborhood and Landowner As- Mary Halberg—Mary is the youth director at Debra Benavidez—Debra is a role model for sociation a church and school, supporting youth and customer service at the Lovelace Rehabilita- Jessica Cotton—At Lovelace Rehabilitation their parents with her optimistic attitude. She tion Hospital. Under her leadership, her de- Hospital, Jessica works hard to meet the does something special for people every day. partment’s employee and patient satisfaction needs of those she serves. She is truly an The kindergartner class wanted to do some- has improved significantly along with an in- asset with the ability to communicate and con- thing special for Mary, they nominated her be- crease in volume and revenue. She is also ad- nect with customers in English or Spanish. cause she takes the time to read them stories mired for her balance of career and family life. Becky Cousins—Becky is a woman of vision and share her passion for learning. Peg Bilson—Peg joined Eclipse Aviation in in Lea County. Through the arts and the com- Debra Hennig—A successful business July of 2005, bringing experience in oper- munity theatre program, Becky has worked woman in the Title Industry, Debra is sharing ations, finance, engineering, technology, cus- hard as business owner, actress and director her success by establishing internships for tomer service and product support. Her lead- to preserve the history of Lea County, while young women through UNM’s Black Student ership at Eclipse is the final element that will looking to the future in order to enrich the lives Union. Additionally, she teaches continuing establish Eclipse’s position in history as the of the people in her community. Very Light Jet innovator and leader. Peg con- Leslie Cumiford—Leslie is the President of education for the NM State Bar and involves tributions are felt throughout the company, es- the Center for Family Justice, which was herself in her church and several community pecially in the area of high-volume production founded in 2003. Leslie has dedicated much organizations. and stabilization of the supply chain. As a key of her time and resources for children, single Helen Janacek (recognized post- leader in a successful New Mexico business parents and blended family homes. humously)—Helen was an enthusiastic Line with over 1,600 employees, Peg has a vision Bertha (Bertie) Denman—During the Na- Dance instructor at Albuquerque Senior Cen- for the future. tional Hispanic Heritage Month in 2007, Bertie ters for nearly 14 years. Each quarter, new

∑ 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 04:43 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K31MR8.002 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E438 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 classes would start with repeat students and worked with the United Way for several years. Elementary School children. She provides the new comers. She prepared those who were Dianna is described as someone who has leadership and the enthusiasm for this creative interested in competition as well as those who made a profound difference in the lives of oth- program. just had great fun. Her contribution to the sen- ers. Barbara Rivers—A superb teacher of music ior program will be greatly missed. Pat Mallory—Pat coordinates an at Sandia Prep for many years. Barbara also Anis Johnson—Anis has dedicated her life intergenerational tutoring program run by the shares her talent by playing the violin in the to doing for others. We can only highlight her non-profit OASIS educational organization. New Mexico Symphony Orchestra. In addition service with over twenty organizations and Through her leadership, the program has she is a tri-athlete, serving as a role model to charities. Anis is a Founder and Coordinator of grown to 100 senior citizen tutors providing students and colleagues. Highland High School Volunteer Program’s reading assistance to over 120 first to fourth Marianne Robinson—An inspirational School ‘‘Community Resource People at HHS’’ where grade students. Her dedication and commit- Counselor at Sierra Vista Elementary school she teaches by example, the ability to help ment to this program will only serve to help it Marianne greets the student and staff with the and learn from those of different backgrounds. to continue to grow. daily message of ‘‘Make it a great day or not- In this way she passes volunteerism from gen- Molly McCoy-Brack—Molly is a founding the choice is yours.’’ As a cancer survivor she eration to generation. With the understanding member of the New Mexico Suicide Preven- is a role model for the message everyday. that education opens doors, Anis served as tion Coalition and the professional director of Carol Romero—Carol has been a dedicated the Program Coordinator for the Martin Luther Agora Crisis Center. The center has flourished advocate for the rights of individuals with dis- King, Jr Multicultural Celebration awarding under her leadership, with 140 volunteers abilities for the past 34 years. Her advocacy scholarships for college bound students. ‘‘One serving 700 callers per month in New Mexico. began with her oldest child, and spread to person can make a difference.’’ Betty Ann Miller—Betty Ann has a passion being a successful provider agency to those Dr. Feroza Jussawalla—Dr. Jussawalla’s for literacy in New Mexico. She is currently with disabilities. Carol recently lost her hus- vigor and compassion for Literary works and serving on the Board of the New Mexico Coa- band of 37 years and was embraced with sup- teaching naturally draws her students into the lition for Literacy, while being an active Board port from the families she serves. She will topic at hand. She provides her students at member of the ‘‘Read/Write’’ program in continue to serve those with disabilities far into UNM with an exceptional educational experi- Moriarity, and President of the Board of the the future. ence. non-profit organization, ‘‘Reading Works’’, Dr. Eileen Ryan—As a Manager at Ingrid Kloet-Garrett—Ingrid has been known which is dedicated to literacy improvement in Magdalena Ridge Observatory Dr. Ryan is to go ‘‘way beyond the call of duty,’’ when it the Albuquerque area. guiding the 2.4-meter aperture telescope team comes to the medical, emotional and spiritual Anastasia Mora—Anastasia is described as toward wonderful achievements and discov- needs of her clients at First Nations Commu- a team member who has made a significant eries. She shares her knowledge and experi- nity Health Source. Her ability to assess contribution to Lovelace Rehabilitation Hos- ence with students to expand their visions of needs and find resources has enhanced the pital. She has demonstrated excellent work the Universe through the wonders of Astron- recovery and healing needed by all she ethics and customer service. omy. serves. Deborah B. Morrell—Demonstrating an Sandi Sadila—Sandi is team member with Regina Lane—As a School Principal, Re- ‘‘open door’’ policy to her staff and students Angels Acts of Kindness, an organization serv- gina Lane teaches her students to persevere with countless hours of dedication to Eagle ing individuals who may not be eligible for when life perplexes, to strive to be a better Ridge Middle School, Principal Morrell is one other assistance. The nomination put it simply: person and to rise above circumstances. of the most successful administrative leaders ‘‘She helped my family several times, and she There are no excuses in Regina’s mind, yet in the Rio Rancho School District. Through her really is an Angel.’’ she empathizes and connects with her stu- leadership, the school is a model for others in Dr. V Vita Saavedra—As Program Director dents in a way that truly nurtures their spirits the area for the Cooperative Educational Administrative and their ability to succeed. Judge Judith Nakamura—The Honorable Intern Program, ‘‘Vita’’ touches the careers Kim Lark—Kim’s dedication to the New Judge Judith Nakamura has a commitment to and more importantly the lives of future and Mexico Task Force One, an urban search and seeing that all citizens have access to the current school administrators through her true rescue team, combined with her duties as a court and receive equal justice under the law. interest in their success. She remains in con- physician, make her an invaluable asset to She has made a number of changes in the tact with her students to encourage life long New Mexico. In addition, her willingness to procedures of the court to provide service to growth. volunteer her time, share her considerable ex- the community include drug courts and home- Shirley Sechrist—Shirley is a tireless volun- pertise, and represent the team, makes others less courts. Additionally she often speaks to teer and valued worker with many community proud to be associated with her. youth about her role as a judge and commu- organizations including: Top donor coordinator Megan Olivia Lloyd—Megan served on four nity involvement. for United Blood Service, multiple roles with church missions, building one church and 3 Sylvia M. Olona—Sylvia is a dedicated Phy- the Assistance League of Albuquerque and as houses. She has been to Morocco with Oper- sician’s Assistant who travels throughout New President of the Presbyterian Hospital Auxil- ation Smile to assist with cleft palate sur- Mexico to provide health care to residents iary. Shirley has had a positive impact on geries. She has also helped raise money for when no physician is available. She provides many. additional surgeries. Megan maintains a high a much needed service in rural New Mexico. Charla Smith—An English teacher at St. academic standard and is involved with ath- Eva C. Panana—Eva started her career in Pius X High School, Charla shares her love of letics at Cibola High School. 1966 as a Head Start Teacher for the Jemez the English language and literature. She chal- Sydne´ Lockwood—Sydne´ is a volunteer for Pueblo. She retired in 1994, although she re- lenges her students at every turn with complex a local domestic violence shelter, where she mains active as a Foster Grandparent. Now assignments in reading, writing, vocabulary has worked in fund raising to keep the serv- know as ‘‘Grandma Eva’’ she brings joy, and grammar thus inspiring them to dream big ices available. She is active in her Air Force laughter and love with her always. Her long and achieve. Junior ROTC program, which includes com- commitment to education is apparent with the Linda Smith—As director of the Bethel Com- munity service for charitable organizations. majority of the tribal members in their 50’s munity Storehouse, Linda serves people Patricia Madrid—‘‘Ms. Pat,’’ as she is known having been in her classroom. throughout the Estancia Valley who are expe- to the students of Acoma Elementary, is Linda Pardo—Linda is a woman who loves riencing hardships and in need of help and known for the care, love and tenderness she the history of New Mexico, particularly the leg- support. She has touched the lives of many gives to each student. It is not unusual to be end of Billy the Kid. She is seeking to share and inspired her coworkers, with her positive in a store and hear a young voice yell out her enjoyment of this great land by writing a outlook and actions. ‘‘Ms. Pat’’ and see children rushing to her for book about New Mexico. Wanda Sullenger—As a member of the a hug and smile. She is a person of strong Clara Pena—Clara is being recognized for Mountainair Volunteer Fire Department, moral fiber and strength of character, who is her multiple contributions in the areas of crime Wanda dedicates her time and energy to aid an unselfish wife, mother, caregiver and reduction, health, education, services to sen- the members of her community in difficult friend. iors and youth within Albuquerque, particularly times. Her care for those who are sick or Dianna Martinez—Dianna’s commitment to in the South Valley. Through her work and gravely ill is compared only to the level of care the nurses at Lovelace Rehabilitation Hospital commitment to others, projects have grown. and comfort she offers to their families. earned her the reputation as the ‘‘go-to-gal.’’ Winnona Poole—Ms Poole started the after Melissa Salmon—Melissa divides her time She coordinates the charity drive and has school program ‘‘Arts Academy’’ for La Mesa between the education of three young boys,

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K31MR8.002 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E439 working as the only secretary for the Mountain vating the seeds of Middle East peace and un- his accomplishments with the Boy Scouts of Elementary School, where she goes to work derstanding in the Cleveland community. On America and for his efforts put forth in achiev- even during snow delays, and being a dedi- March 27, 2008, Americans for Peace Now is ing the highest distinction of Eagle Scout. cated wife and mother. Melissa is ‘‘a credit to honoring Al Stern for his lifelong commitment f her community and to her family.’’ to peace in the Middle East and his dedication HIGHLIGHTING BASEBALL’S EF- Sallie Van Curen—Sallie is the co-founder to ‘‘Tikkun Olam,’’ the healing of the world. and executive director of Parents Reaching After graduating from Indiana University with FORT TO REACH OUT TO MINOR- Out to Help, Inc. She has inspired others a Bachelor of Science in Business Administra- ITY COMMUNITIES through her dedication, drive and commitment tion, Al Stern founded Stern and Company, a to all the families she serves. manufacturers’ representative firm in 1962. HON. CHARLES B. RANGEL Mary Ann Weems—With a life long dedica- During his 3 decades with the company, Mr. OF NEW YORK tion to the arts, the creation of the Weems Stern became actively involved in the Middle IN THE HOUSE OF REPRESENTATIVES Galleries and Framing and the nationally rec- East peace issues starting in 1974. He helped Monday, March 31, 2008 ognized Weems Artfest, Mary Ann is a role found the Cleveland chapter and serves as a Mr. RANGEL. Madam Speaker, I rise today model for women in the arts. She has national board member of Americans for to highlight Major League Baseball’s ongoing achieved excellence in visual arts while cham- Peace Now, the solidarity organization aligned effort to reach out to minority communities and pioning health care programs for children, and with the Shalom Achshav movement in Israel. introduce a press release describing said ef- helping to set the standard for art galleries Shalom Achshav, founded in 1978 by Israeli fort. The league will host the first Urban Invita- and businesswomen in NM. citizens, was formed out of the conviction that tional Baseball Tournament, fielding two his- Dr. Ann Wehr—As President of Molina Israel’s democratic character and future secu- torically black colleges in recognition of its Healthcare of New Mexico, Dr. Wehr has used rity were intertwined with achieving a just and need to revitalize baseball in the African her talents to ensure that over 71,000 low-in- peaceful solution to the Palestinian-Israeli con- American community. Baseball should be come individuals and their families receive flict. committed not only to boasting diversity in its quality healthcare. She works with physicians For over twenty years, Mr. Stern has en- rosters, but to enjoy that same minority rep- to develop innovative programs to reach the gaged and educated the Cleveland community resentation in its coaches, in its management, under served. about the costs of the current conflict and the and in its viewership. Linda Walsh—Working for the Small Busi- opportunities for peaceful solutions. Through On the heels of the 60th anniversary of ness Programs Office at Kirtland AFB, Linda is organizing and discussion, he has led people Jackie Robinson’s historic breaking of the a champion for the minority business commu- to challenge their assumptions about how to color barrier, the league has targeted urban nity. She has been instrumental in outreach humanize the opposition. In his many visits to youth and pledged its resources to bring them from Kirtland to bring small business together the region, most recently in 2005, he has got- back to the sport. African Americans have with federal agencies. ten to know the people and the leaders in played integral roles in the illustrious story of Beverly White—Beverly’s work for the peo- Israel, Egypt, Lebanon, Syria, the West Bank, baseball, and it is a connection worth saving. ple of New Mexico through the Office of the and Gaza. He has led by example, through his MAJOR LEAGUE BASEBALL URBAN YOUTH Medical Investigator lasted for more than 30 own commitment to educating himself, reach- ACADEMY TO HOST FIRST URBAN INVITA- years. One of her greatest accomplishments ing out to concerned members of the commu- TIONAL BASEBALL TOURNAMENT was writing the initial grant for the NM Sudden nity and traveling to the region. Major League Baseball today announced Infant Death Syndrome Information and Coun- Since his retirement in 1993, Al Stern be- that the Major League Baseball Urban Youth seling Project. It has served as a national came a full time volunteer with the American Academy will host its first Urban Invita- model, and helped thousands of families. Civil Liberties Union of Ohio as its Legislative tional Baseball Tournament from February Bobbie Williams—As a member of a number Coordinator. Since coming to Congress, I 29–March 2. Two Historically Black Colleges and Universities (HBCUs), Bethune-Cookman of community and business organizations, and have been privileged to hear frequently from University (Daytona Beach, FL) and South- an engineer at Sandia National Laboratories, Al Stern on the many free speech and civil lib- ern University (Baton Rouge, LA), will face Bobbie has served as a mentor, professional erties issues about which I have had to make off against collegiate baseball powerhouses development advisor and friend to aspiring decisions. He has also worked closely with me UCLA and USC. The participation of HBCUs young people and colleagues. Bobbie is also in helping to build bridges across the gaps in the Urban Invitational is part of MLB’s one of only seven women inducted into the which divide people both in the Middle East ongoing diversity and youth initiatives. Girl Scouts Hall of Frame for Women in Tech- and in Greater Cleveland. ‘‘The Urban Invitational Baseball Tour- nament is a part of our continued focus on nology. Madam Speaker and colleagues, please join reviving the majesty of baseball in the Afri- Dr. Joyce Wilson—Dr. Wilson has worked in me in recognizing Al Stern, who has been a can American community,’’ said Major social work for over 35 years, founding the leader in Cleveland, a peace-maker, and an League Baseball Executive Vice President of first External Employee Assistance Program inspiration for engaged, global citizenship. Operations Jimmie Lee Solomon. ‘‘This which has saved hundreds of people from los- f tournament, along with the other programs ing their jobs while also improving their lives. at the MLB Urban Youth Academy, the Civil She volunteered with many community Boards HONORING ANDREW WESLY Rights Game and many of our other efforts, and Committees to share her personal and SAWYER is reflective of the League’s commitment to diversity, inclusion and engagement of our professional skills. nation’s young people. Our goal is to make Fay Yao—Ms Yao has been the librarian at HON. SAM GRAVES sure that every child who wants to play base- Rio Grande High School for over 15 years, OF MISSOURI ball has an opportunity to do so.’’ where she has shown constant support and IN THE HOUSE OF REPRESENTATIVES Tournament games will be played at the MLB Urban Youth Academy, USC’s Dedeaux dedication to the students and staff. She is a Monday, March 31, 2008 supporter of the Science department, pro- Field and UCLA’s Jackie Robinson Stadium viding updates and expansion of the science Mr. GRAVES. Madam Speaker, I proudly beginning Friday, February 29 and con- reference material. She has served as a men- pause to recognize Andrew Wesly Sawyer of tinuing through Sunday, March 2. Both games on Saturday, March 1, 2008, will be tor to a number of students while always im- Blue Springs, Missouri. Andrew is a very spe- cial young man who has exemplified the finest played at the MLB Urban Youth Academy proving the school’s library to benefit all. and broadcast live on ESPN2. Fans attending f qualities of citizenship and leadership by tak- on that day will also be entertained by a live ing an active part in the Boy Scouts of Amer- performance of Southern University’s, IN RECOGNITION OF AL STERN ica, Troop 1175, and earning the most pres- ‘‘Human Jukebox’’ and USC’s Trojan March- tigious award of Eagle Scout. ing Band, as they bring their unique musical HON. DENNIS J. KUCINICH Andrew has been very active with his troop, performances to Compton, California. Be- thune-Cookman University and Southern OF OHIO participating in many scout activities. Over the University baseball teams will square off IN THE HOUSE OF REPRESENTATIVES many years Andrew has been involved with scouting, he has not only earned numerous against each other at 1 p.m. (PST) on Sun- Monday, March 31, 2008 day at the Academy. merit badges, but also the respect of his fam- ‘‘ESPN is proud to be associated with Mr. KUCINICH. Madam Speaker, I rise ily, peers, and community. Major League Baseball’s urban initiatives,’’ today in recognition of Al Stern, a person who Madam Speaker, I proudly ask you to join said Len DeLuca, ESPN Senior Vice Presi- has dedicated his life to free speech and culti- me in commending Andrew Wesly Sawyer for dent, Programming and Acquisitions. ‘‘The

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K31MR8.002 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E440 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 second Civil Rights Game and new Urban In- years, he became a senior development spe- PSU is a source of pride for our State. The Vi- vitational—40 years since the tragic death of cialist under Governor Thomas R. Carper. king’s athletic achievements reflect the spirit Dr. Martin Luther King, Jr.—are on the Throughout the past 12 years, Mike has been and work ethic of their university, and I am heels of our observance last year of the 60th an integral part of the Riverfront Development proud to honor their achievement today. anniversary of Jackie Robinson breaking the Madam Speaker, I would like to recognize color barrier. ESPN is honored to join with Corporation. He assisted in the construction of MLB to celebrate baseball’s cultural his- the Amtrak Consolidated National Operations each member of the PSU men’s basketball tory.’’ Center, the Chase Center on the Riverfront, team individually, beginning with Head Coach Tickets to the games being played at the Tubman-Garrett Riverfront Park, the Ken Bone, Assistant Head Coach Tyler MLB Urban Youth Academy will be available Riverwalk, Christina Landing, and the Justison Geving, Assistant Coaches Curtis Allen and for purchase on game day for $5. Proceeds Landing. Mike also worked to bring AAA Mid- Eric Harper, and Director of Basketball Oper- from the ticket sale will benefit the Major Atlantic’s headquarters to the Wilmington river- ations Tyler Coston. Furthermore, I congratu- League Baseball Urban Youth Academy, front. late the 2007–2008 PSU Viking’s: Kyle which is a not-for-profit 501 (c)(3) corpora- Coston, Brian Curtis, Jeremiah Dominguez, tion. Mike was born and raised in Wilmington, ‘‘On behalf of our team, I would like to say Delaware. He attended Archmere Academy, Justynn Hammond, Deonte Huff, Jaime Jones, how honored we are to have been invited to where he currently serves on the board of di- Lucas Dupree, Tyrell Mara, J.R. Moore, Scott an event like this, especially in its first rectors. He graduated from the University of Morison, Andre Murray, Phil Nelson, Mickey year,’’ said Bethune-Cookman Coach Mervyl St. Joseph’s, where he earned his bachelor’s Polis, Julius Thomas, Alex Tiefenthaler and Melendez. ‘‘We hope that the Urban Invita- degree in public administration. Mike serves Dominic Waters. tional Baseball Tournament continues to Madam Speaker, I invite my colleagues to grow and more people notice what Major on the National Alumni Board for St. Joseph’s and was honored with the Ignatius Award in join me in congratulating these outstanding League Baseball is doing for college baseball young men. On behalf of the entire State of and Historically Black Colleges.’’ 1995 for outstanding alumni involvement and ‘‘Our program is very excited to represent service. Mike also attended the Fels Center of Oregon, congratulations and good luck. Go Vi- UCLA in the tournament at the MLB Acad- Government at the University of Pennsylvania. kings. emy,’’ said UCLA coach John Savage. ‘‘We Being a Delaware native, Mike has contrib- f are honored to be able to play in the inau- uted many years of service to the State of IN RECOGNITION OF THE CITY OF gural event. Our players are looking forward Delaware. He currently sits on the board of di- to the exciting weekend of baseball.’’ MIDDLEBURG HEIGHTS Major League Baseball is committed to ad- rectors for the Latin American Community dressing the issue of African American par- Center, the Delaware Stadium Corporation, HON. DENNIS J. KUCINICH the Friends of the Woodlawn Library, the ticipation in professional baseball. Through OF OHIO Reviving Baseball in the hinder Cities pre- Riverfront Wilmington Improvement District, IN THE HOUSE OF REPRESENTATIVES sented by KPMG and the establishment of and the Rivers Edge Community Development the Major League Baseball Urban Youth Corporation. Not only has he been an active Monday, March 31, 2008 Academy in Compton, California, MLB has board member for numerous organizations, Mr. KUCINICH. Madam Speaker, I rise pledged its resources to bringing urban today in recognition of the city of Middleburg youth back to America’s pastime. The inau- but Mike has also been a member of the gural Civil Rights Game in 2007 also rein- Barbelin Society and the Hawk Hoop Club. Heights, Ohio on the occasion of the twentieth forced the League’s dedication by paying I acknowledge Mr. Michael J. Hare for his Anniversary Salute to the City event at the tribute to legendary African-American play- many years of service and numerous contribu- award-winning Middleburg Heights community ers who broke barriers and made important tions to his community and the State of Dela- center. Evolving from the Inaugural Ball, the contributions to American society. ware. I am confident that Mike will be suc- Salute to the City event has paid tribute to in- HBCUs have long offered quality education cessful and prosperous at his new job with the dividuals, groups, and organizations that col- and athletic programs and have a proud tra- Bucchini Pollin Group. It is inspiring to see lectively work to make Middleburg Heights the dition of outstanding baseball players. Hall pride of Ohio and its residents. of Farrier Lou Brock, former most valuable such an active and influential member of our player Andre Dawson and current Milwaukee community remain committed to the better- Since years before even the Salute to the Brewers star Rickie Weeks, all rose from ment of Delaware. City began, Middleburg Heights would not HBCUs. Twelve HBCU players were selected f have been the incredible city that it is today in the MLB 2007 First-Year Player Draft. without the leadership, service, and vision of Through the annual Urban Invitational TRIBUTE TO PORTLAND STATE Mayor Gary Starr. In his work as mayor since Baseball Tournament, MLB hopes to help UNIVERSITY MEN’S BASKETBALL 1981 and councilman for several years prior, these programs revitalize baseball in the Af- TEAM Gary has paved the way for present and fu- rican American community. ture community and economic enhancements The MLB Urban Youth Baseball Academy encompasses more than 15 acres on the cam- HON. DAVID WU to the City of Middleburg Heights. I applaud pus of El Camino College, Compton Center, OF OREGON his dedication and strong commitment of the the Academy is a state-of-the-art facility IN THE HOUSE OF REPRESENTATIVES people of Middleburg Heights. featuring four fields including a show field, I stand with the Salute to the City com- batting cages and other training facilities. Monday, March 31, 2008 mittee, including founding committee members The Academy operates on a year-round basis, Mr. WU. Madam Speaker, I rise today to Darlene Kobask and Lona Gruber, to honor offering free baseball and softball instruc- congratulate the Portland State University Mayor Gary Starr, all members of the Middle- tion, as well as clinics to youth throughout men’s basketball team on achieving their first- burg Heights City Council—including Council Southern California. ever birth to the NCAA Division I Champion- President Alan C. Budney, Councilman at f ship Tournament. The Vikings capped off their Large James F. Sheppard, Councilman at IN HONOR OF MICHAEL J. HARE historic season with a 67–51 win in the Big Large Tim Ali, Ward 1 Councilman David Sky Conference Championship game over Bortolotto, and Ward 4 Councilman Raymond HON. MICHAEL N. CASTLE Northern Arizona University at the Rose Gar- G. Guttman—and the employees of all city de- den in Portland. PSU finished their regular partments. OF DELAWARE season with a 23–9 record, and were Together with the Salute to the City com- IN THE HOUSE OF REPRESENTATIVES undefeated in the Big Sky Conference Tour- mittee, I also honor the contributions of other Monday, March 31, 2008 nament. On Sunday, the Vikings will learn who groups and organizations serving residents of Mr. CASTLE. Madam Speaker, it is with they will play in the first round of the ‘‘Big Middleburg Heights, including the American great pleasure that I rise today to recognize Dance.’’ Association of Retired Persons, the Berea City Michael J. Hare, deputy director of the River- The NCAA Tournament is one of the great School District, the Middleburg Heights Wom- front Development Corporation of Delaware. institutions in all of collegiate sports. It brings en’s Club, the Friends of the Library, the Mid- Mike has been an important figure there since together the best college teams from across dleburg Heights Kiwanis Club, the Middleburg April 1996, but has decided to take a new di- our Nation to compete for basketball’s greatest Heights Community Council, the Tri-City Sen- rection and join the Bucchini Pollin Group. prize. Oregon is proud of every one of these ior Center, Southwest Adult Day Care, the Mike will be working on the new soccer sta- outstanding young men and their coaches. Middleburg Heights Chamber of Commerce, dium in Chester, Pennsylvania. It is also fitting that we should take this op- the Middleburg Heights Historical Society, the Mike started working for the Delaware Eco- portunity to recognize the entire Portland State Middleburg Heights Veterans Memorial Com- nomic Development office in 1989. After 6 community. As Oregon’s largest university, mittee, the Rotary Club of Middleburg Heights,

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.001 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E441 the Southwest General Health System and residents who trusted his judgment, respected DAY OF SPANISH LANGUAGE Foundation, and The Optimist Club. his extraordinary common sense, and enjoyed JOURNALISM, IN HONOR OF Madam Speaker and colleagues, please join his presence. JUSTO DE LARA me in recognizing all of those who make the During his 20 years with the Capitol Police, City of Middleburg Heights, Ohio, the wonder- HON. ILEANA ROS-LEHTINEN ful place it is to live and work and a city Officer Wilkes served a key role in protecting Members of Congress, the President, Vice OF FLORIDA known for its rich, community-driven history. IN THE HOUSE OF REPRESENTATIVES f President, and visiting dignitaries. Monday, March 31, 2008 In fact, Frank was awarded a Certificate of HONORING MICHAEL REESE KELLY Commendation for apprehending and sub- Ms. ROS-LEHTINEN. Madam Speaker, I duing a suspect who was attempting to phys- would like to express my sentiment that March 26, 2008, should be designated as ‘‘Spanish HON. SAM GRAVES ically assault then-Vice President Dan Quayle. OF MISSOURI Language Journalism Day in honor of Justo IN THE HOUSE OF REPRESENTATIVES Prior to joining the Capitol Police force, Offi- de Lara.’’ cer Wilkes served for 9 years in the United Jose de Armas y Cardenas, who wrote Monday, March 31, 2008 States Air Force. Among other things, he was under the pseudonym of Justo de Lara, was a Mr. GRAVES. Madam Speaker, I proudly an administrative executive support manager, distinguished journalist, poet, and author. As a pause to recognize Michael Reese Kelly of and served as liaison between the Office of result of his contributions, the Cuban depart- Blue Springs, Missouri. Michael is a very spe- the Secretary of the Air Force, the White ment store chain El Encanto named their jour- cial young man who has exemplified the finest House, the State Department, and the CIA to nalism award, the most prestigious award of qualities of citizenship and leadership by tak- ensure the proper exchange of critical, time- its kind in Cuba, the Justo de Lara Prize for ing an active part in the Boy Scouts of Amer- Spanish Journalistic Excellence. This award urgent information. ica, Troop 1692, and earning the most pres- was given out from 1934 until Fidel Castro’s tigious award of Eagle Scout. Madam Speaker, those of us who enjoy the communist takeover in 1959. Michael has been very active with his troop, protection of the Capitol Police force—Mem- His fluency in Spanish, English, Italian, and participating in many scout activities. Over the bers of Congress, government officials, and French and his love for reading and literature many years Michael has been involved with the general public who visit the Capitol com- fueled his own desire to write. At an early age, scouting, he has not only earned numerous plex—take their presence and their profes- he was a prolific author and journalist. He merit badges, but also the respect of his fam- sionalism for granted far too often. worked during the Spanish-American War as a ily, peers, and community. special envoy for the Sun in 1898, serving as Madam Speaker, I proudly ask you to join The truth is, we owe our Capitol Police offi- an official translator between Cuban General me in commending Michael Reese Kelly for cers—people like Frank Wilkes—a real debt of Calixto Garcia and Lt. Colonel Theodore Roo- his accomplishments with the Boy Scouts of gratitude for doing such an important, often- sevelt. Jose de Armas y Cardenas was also America and for his efforts put forth in achiev- times complicated job with great dedication the only person of Spanish-speaking origin ing the highest distinction of Eagle Scout. and commitment. named by the Government of England in 1916 f Thus, today, I again want to thank Frank for to be a member of the commission respon- sible for the tricentennial celebration of William RECOGNIZING AND HONORING THE his two decades of service to the Capitol Po- Shakespeare. SERVICE OF CAPITOL POLICE lice and our Nation, and to wish him all the Due to his legacy and example to countless OFFICER FRANK W. WILKES best in his future endeavors. generations, March 26, 2008, should be des- ignated as ‘‘Spanish Language Journalism HON. STENY H. HOYER f Day in honor of Justo de Lara,’’ in recognition OF MARYLAND PRAISING TONYA KINLOW FOR of the excellence in journalism that Jose de IN THE HOUSE OF REPRESENTATIVES WORKING TO IMPROVE DC Armas y Cardenas achieved during his life Monday, March 31, 2008 SCHOOLS AS OMBUDSMAN and his love of literature, of the excellence in journalism that the award in his honor contin- Mr. HOYER. Madam Speaker, today I want ued to recognize after his death, and of the to recognize and thank one of my constitu- HON. CHARLES B. RANGEL hope for such continued excellence today and ents, Frank W. Wilkes of Clinton, Maryland, for in the future. his outstanding service to the United States OF NEW YORK f Congress, the Members who serve here, and the entire Capitol Hill community over the last IN THE HOUSE OF REPRESENTATIVES two decades. Monday, March 31, 2008 I also want to thank and acknowledge his HON. GEORGE RADANOVICH family—his beautiful wife of 30 years, Pau- Mr. RANGEL. Madam Speaker, I rise today OF CALIFORNIA lette, and his sons, Trevor and his wife to note the work Tonya Kinlow has undertaken IN THE HOUSE OF REPRESENTATIVES Delania, and Frank W. Wilkes III. as the District’s Ombudsman for Schools. That Monday, March 31, 2008 After 20 years of service with the Capitol office provides a venue for parents, teachers, Police, Officer Wilkes retired recently and will and students to voice their frustrations and Mr. RADANOVICH. Madam Speaker, I rise move into a new phase in his life. dissatisfaction with the low-performing school today to congratulate Mayor Alan Autry upon For most of his last years of service, Officer being named the Armenian National Commit- system, and to have investigations launched in Wilkes served as the officer on duty at the tee’s ‘‘Man of the Year.’’ Mayor Autry will be Senate Day Care Center, a position replete order to address those complaints. Kinlow has honored at a luncheon on Sunday, March 30, with responsibility and challenge. However, an impressive record—she, of course, once 2008, at the Armenian Community Center in what his resume does not capture is the fact worked for my office—and she demonstrates a Fresno, CA. that the children there adore their friend, ‘‘Offi- fierce commitment to service that should serve Alan Autry was born in Shreveport, LA. As cer Frank.’’ her well in her new post. a child, his family moved to the Central San In turn, Frank has been a wonderful pres- She served on the DC and State boards of Joaquin Valley and settled in the small farming ence at the day care center, watching and en- education and was a board member of the community of Riverdale, CA. He attended Riv- suring that the children go about their day education advocacy group, DC Voice. She erdale High School and received an athletic safely and securely. It’s my understanding that scholarship to the University of the Pacific in was most recently the vice president of gov- he plans to come back and read to them on Stockton, CA, where he received a bachelor’s a monthly basis as part of his ‘‘retirement’’ ernment relations for the DC Hospital Associa- degree in physical education. Upon graduating plans. tion. And as a part of the Rangel family, she from UOP, Mayor Autry played in the National Let me say, too, that I have heard from executed her tasks superbly well and with an Football League for the Green Bay Packers. more than one resident in the neighborhood unmatched attention to detail. I am proud of He spent 3 years in the NFL before retiring. that Officer Wilkes will be sorely missed; that her accomplishments and the many great After leaving the NFL, Mayor Autry turned to he was quite popular with the surrounding things she is poised to do. a career in film and television. For 22 years

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K31MR8.013 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E442 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 Mayor Autry played various roles on both the country. I valued greatly my relationship with Rather than have a vacant building downtown, big and small screen. He has continued his him; I turned to him frequently for advice and the city viewed the pending closure as an op- entertainment career through the development inspiration. He was a consummate consumer portunity to fill a longstanding need for a com- of the Autry Entertainment Group. As CEO of advocate, labor rights advocate, accomplished munity performance center. the Autry Entertainment Group, Autry con- legislator and an important figure in Ohio’s po- Since 1986, the Oroville State Theater has tinues to work to bring Fresno to the forefront litical history. undergone a significant renovation with the as a location for entertainment projects cre- Senator Metzenbaum’s steadfast support for goal of returning the facility to its original 1928 ating economic stimulus. In a desire to further consumer rights and worker protections, as operating condition. Subsequently, these ren- improve and serve the city of Fresno, he de- well as his commitment to protecting the work- ovations have brought back some of the build- cided to enter the realm of politics and enter ing class in this country, still serves as a con- ing’s most interesting visual features, including the 2000 mayoral race. stant motivation for me in my service to my the facade along Myers Street. The extensive On January 2, 2001, Mayor Autry was constituents. improvements have occurred because of sworn into office to serve as the Mayor of During his years in the Senate, Mr. Metzen- strong support by volunteers, business and Fresno. He was elected to serve a second baum introduced and passed several impor- community organizations. term that began in January 2005. While in of- tant pieces of legislation such as The Nutrition On April 5, 2008, we will all celebrate the fice, the Mayor has been active in various Information and Labeling Act of 1990 and the theater’s 80th anniversary with an event that causes with his primary focus being crime pre- Cable Act of 1992, which re-regulated cable will replicate much of the program from its vention and education reform. He has also TV rates. Following his retirement from the original ‘‘Grand Opening,’’ including a silent been active in the Armenian community of Senate, Mr. Metzenbaum served as the Chair- movie with live theater organ accompaniment. Fresno. Prior to being elected into office, he man for the Consumer Federation of America Without question, the community support of clearly stated his desire to revitalize downtown for ten years, a demonstration of his dedica- the Oroville State Theater continues to be the Fresno. By revitalizing this area of the city, tion to consumer interest. backbone of this longstanding community tra- Mayor Autry believes that ‘‘Armenia Town’’ Senator Metzenbaum will be remembered dition. With the efforts put forth by so many, would be able to thrive as it did when Arme- as a savvy businessman and staunch advo- they have ensured that the curtain will not fall nian immigrants first arrived in Fresno. In cate for Ohio’s working men and women. for their theater, but usher in a new era of the- 2005, Mayor Autry committed to building a From parking lots to newspapers and airports atrical performances. monument in Fresno dedicated to the victims his investments secured his legacy in Ohio as f of the Armenian Genocide. Mayor Autry has both an iron-willed businessman and politician. COMMENDING GRENADA ON NAM- also been a strong supporter of the Armenian He was a fearless opponent of all things re- ING ERIC GAIRY A NATIONAL Genocide Resolution. lated to special interests—if a bill did not have HERO IN ITS 34TH ANNIVERSARY Madam Speaker, I rise today to commend the best interest of workers and consumers in OF INDEPENDENCE and congratulate Mayor Alan Autry upon being mind, it would not budge in the Senate. He awarded with the 2008 Armenian National was one of the greatest senators to serve this HON. CHARLES B. RANGEL Committee’s ‘‘Man of the Year’’ Award. I invite country. Ohio was fortunate to be the bene- OF NEW YORK my colleagues to join me in wishing Mayor ficiaries of his service, and I was very fortu- IN THE HOUSE OF REPRESENTATIVES Autry many years of continued success. nate to be the recipient of his wisdom and Monday, March 31, 2008 f guidance. My thoughts and prayers go out to his family. Mr. RANGEL. Madam Speaker, I rise today HONORING KYLE ROBERT ELDER Madam Speaker and colleagues please join to congratulate Grenada on the commemora- me in honoring the life of Howard Metzen- tion of its political independence and to com- HON. SAM GRAVES baum, a dedicated citizen and politician of mend its selection of Eric Matthew Gairy, the OF MISSOURI Ohio, whose forceful legislative, economic and country’s first prime minister, as its first na- IN THE HOUSE OF REPRESENTATIVES personal contributions to this country will live tional hero. He led his country to independ- on long into the future. ence from Britain in 1974 and served out his Monday, March 31, 2008 f term amidst those politically charged and Mr. GRAVES. Madam Speaker, I proudly tense early years. pause to recognize Kyle Robert Elder of Platte 80TH ANNIVERSARY OF OROVILLE It is imperative for a nation seeking to move City, Missouri. Kyle is a very special young STATE THEATER forward to cull its collective memory and pay man who has exemplified the finest qualities homage to the men and women whose sac- of citizenship and leadership by taking an ac- HON. JOHN T. DOOLITTLE rifice and heroism in the past created the op- tive part in the Boy Scouts of America, Troop OF CALIFORNIA portunities of the present. Grenada is ap- 1249, and earning the most prestigious award IN THE HOUSE OF REPRESENTATIVES plauded for its efforts to do just that, announc- of Eagle Scout. ing along with Gairy 15 other awardees who Monday, March 31, 2008 Kyle has been very active with his troop, have stood up for the island nation over the participating in many Scout activities. Over the Mr. DOOLITTLE. Madam Speaker, today I course of its 34 years. Congratulations, Gre- many years Kyle has been involved with wish to join with the City of Oroville, California. nada. Scouting, he has not only earned numerous in celebrating the 80th anniversary of the GRENADA: ERIC GAIRY NATIONAL HERO merit badges, but also the respect of his fam- Oroville State Theater. ST. GEORGES’S GRENADA, CMC.—Former ily, peers, and community. Dedicated on April 7, 1928, the Oroville Prime Minister Sir Eric Matthew Gairy was Madam Speaker, I proudly ask you to join State Theater has served as an integral part named as the country’s first National Hero of downtown Oroville. Designed by Timothy L. and a number of outstanding nationals me in commending Kyle Robert Elder for his honoured as Grenadians celebrated 34 years accomplishments with the Boy Scouts of Pflueger, one of the leading architects of the of political independence from Britain. America and for his efforts put forth in achiev- 1920s, the facility is now recognized in the Prime Minister Dr. Keith Mitchell an- ing the highest distinction of Eagle Scout. National Historical Register. nounced that Gairy, who became this Carib- bean country’s first Prime Minister after f The theater was originally designed for fine vaudeville acts and films. It was one of the leading the former British colony into Inde- IN REMEMBRANCE OF SENATOR last ‘‘Movie Palaces’’ built for both live and film pendence on February 7, 1974, would be the HOWARD METZENBAUM entertainment. Although movies became the nation’s first hero under the recently passed National Honours Act. main staple, live performances, talent shows, The new piece of legislation provides for 15 HON. DENNIS J. KUCINICH war bond drives, and school graduations con- people to be recognised annually for out- OF OHIO tinued to take place within the theater. standing services to Grenada as part of the independence celebrations. IN THE HOUSE OF REPRESENTATIVES The Oroville State Theater underwent sig- nificant remodeling at the direction of United Among the first batch of awardees was de- Monday, March 31, 2008 Artists. Much of the theater’s original 1928 ar- ceased Grenadian-born regional broadcaster Leslie Seon and Leslie Pierre, editor of the Mr. KUCINICH. Madam Speaker, I rise chitectural details, including the magnificent weekly Grenadian Voice newspaper, who was today in remembrance of Howard Metzen- flag sign and marquee, were either removed made a Knight Commander for his contribu- baum, former U.S. Senator from Ohio. He was or covered. In 1986, United Artists notified the tion towards the development of the Scout a close friend to me and a great asset to this city of its intent to close and sell the theater. Movement and Journalism in the island.

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.007 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E443 ‘‘Well I don’t know who put my name there Sassaman, longtime Tinicum Township resi- erans past and present receive needed care but I have done my part,’’ said Pierre, who dent. Ms. Sassaman is being recognized by and are never forgotten. was putting together this weekend’s edition the Tinicum Democrats on April 6th for her Jim Harris’ selfless service and dedication to when the representative of the National duty makes him a valuable asset to active Hero’s Commission made the announcement hard work and exceptional achievements in to the thousands who were attending Inde- working to better her community. duty personnel serving overseas and also vet- pendence Day celebrations at the National Born in Uhlerstown, PA in 1925, Leona erans of past wars. Jim once said ‘‘[n]o one Stadium. Sassaman has a long history of service to her really understands war until you’ve been in The other awardees announced by the community. Beginning her community involve- one. I feel it is my obligation to support them.’’ Committee include former teachers Eleanor ment, Ms. Sassaman worked for 25 years He uses this as his motivation to continue Pilgrim and Lorraine Ramdhanny who re- making parts for RCA. During this time, Ms. serving past and present members of the mili- ceived the Spice Isle Award. This award is Sassaman was an active member of the Inter- tary. awarded to two people who have rendered national Glass, Plastic, Pottery, and Allied Veterans like Jim Harris were not asked to valuable service to Grenada in any field of spend their time supporting the military. He human endeavour or for other humane ac- Workers Union, Local 173A. Ms. Sassaman tion. served as chief shop steward, union treasurer, does not do his job to win awards or to be Joel Mark and Veronica Alexis received secretary and president, laboring to make the recognized. He does it because of his past the Camerhogne Award, which is awarded to workplace safer for she and her colleagues. service in the military, for his family, and for all two citizens who rendered meritorious serv- Ms. Sassaman has also worked for years to of the citizens in this great Nation. He feels ice in the furtherance of national prestige or improve the safety of her community through obligated to continue to serve and we as a na- for gallantry. Mark was the first Grenadian her involvement with the Delaware County tion take his actions to heart—we will continue Sailor to cross the Atlantic on a solo voyage to honor those that serve in the military, now while Alexis is a retired nurse. firehouse. A member of the firehouse for over The Medal of Honour was presented to 50 years, Ms. Sassaman was involved in the and forever. Commissioner of Police Winston James; firehouse’s construction in 1958. Throughout I am also grateful of Mr. Harris’ service as former Principal Ursula Antoine and well the years, Mr. Sassaman has contributed to a member of my Veterans Advisory Board, known mas player Evelyn Mark. countless fundraising events and activities for where he provides great counsel on issues of Honorary awards, which are presented to the firehouse, such as bake sales, Friday night import to all veterans. non Grenadians whose work has impacted on spaghetti dinners, and rummage sales. Congratulations to Jim Harris on a job well the development of Grenada, went to USA done. We are grateful for your service in the citizen Rev. Melville Schaper and Formula Adding to her distinguished work, Ms. Sassaman is an active member of the political past, present, and in the future. You are a true One racer Lewis Hamilton, whose parents are American hero. from Grenada. process within her community. A member of Schaper is the founder of the St. John the Board of Elections for 30 years, Ms. f Christian Secondary School which was Sassaman was elected and served as minority IN HONOR OF ASKOUHY JALLYAN- opened here 42 years ago in one of the most clerk to the board until 2006. Ms. Sassaman VASSILIAN rural villages in the country. has been an active member of the Democratic Governor General Sir Daniel Williams was Party for many years, while also serving as a honoured with the first Companion of the HON. FRANK PALLONE, JR. reliable political resource for those in her com- Order of Grenada award. OF NEW JERSEY munity of any political party. In his address Prime Minister Mitchell in- IN THE HOUSE OF REPRESENTATIVES dicated that the later in the year a number As her outstanding efforts show, Leona of streets and buildings will be named after Sassaman has pledged her life to helping Monday, March 31, 2008 some prominent Grenadians who have made those in her community. Through her tireless Mr. PALLONE. Madam Speaker, I rise today significant contributions towards the island work, Ms. Sassaman has clearly bettered the to honor Askouhy Jallyan-Vassilian and her since gaining independence 34th years ago. lives of those around her. Madam Speaker, I dedication to her community and the Armenian ‘‘This Government is of the view that after 34 years of independence, it was time to de- am proud to recognize Ms. Sassaman for her people. Mrs. Jallyan-Vassilian was a survivor velop a system that recognized Grenadians extraordinary accomplishments and extremely of the genocide inflicted upon the Armenian from every background all of whom have honored to serve as her Congressman. people. She was the embodiment of the en- done many different types of work in build- f during human spirit. ing our nation and shaping our society. Mrs. Jallyan-Vassilian was born Askouhy ‘‘There are those who have made genuine RECOGNIZING JAMES HARRIS, Jallyan on February 12, 1914, in Orfa, Turkey. contributions to our industrial development VETERAN OF THE YEAR FOR Her mother, Khanem, had married in 1913 as a whole and who have headed up major THE CITY OF DIXON, CALI- and was 18 years old when she gave birth to initiatives in the corporate sector or who FORNIA have given outstanding service to the com- her only daughter. Khanem was widowed in munity. Our new system of national awards 1915 when her husband, Nazaret, was mur- sought to recognise them all,’’ the Prime HON. ELLEN O. TAUSCHER dered. Mrs. Jallyan-Vassilian was able to flee Minister said. OF CALIFORNIA the horrors of genocide when she escaped On the eve of independence the main oppo- IN THE HOUSE OF REPRESENTATIVES with her mother to neighboring Syria. sition National Democratic Congress (NDC) Later, Mrs. Jallyan-Vassilian married her Monday, March 31, 2008 called on the Mitchell administration to husband Missak Vassilian at the age of 19. commit to naming the country’s inter- Mrs. TAUSCHER. Madam Speaker, I rise to Together they raised three sons and a daugh- national airport after former leftist prime pay tribute to James Harris, who received the ter. She was also the proud grandmother of minister Maurice Bishop. ‘‘We believe that the time has come, as Veteran of the Year award for the city of 10 grandchildren and 12 great-grandchildren. this whole nation is moving towards genuine Dixon, California, on March 15, 2008. Her son, Asbed Vassilian, is currently a pro- reconciliation and an understanding of its James Harris, known as ‘‘Jim’’ by his fessor of chemistry at Rutgers, The State Uni- history, that the airport be named after the friends, began his military career in 1961. Har- versity of New Jersey, and is the head of that leader who perhaps did the most for its com- ris, now 72, served in the Air Force for 28 school’s Armenian studies program. ing into being,’’ NDC Deputy political leader, years, starting his illustrious career in the Air On October 10, 2007, Mrs. Jallyan-Vassilian George Prime said. Force fire protection rescue unit. He retired attended a markup session of the House of The Point Salines International Airport from active duty in 1989, as a chief master Representatives Committee on Foreign Affairs was constructed under Bishop’s administra- tion with Cuban aid. sergeant, but to this day continues his service as it worked on a resolution recognizing the to those in uniform as an advocate for vet- deplorable deprivation of human rights that oc- f erans affairs. curred during the Armenian genocide. She HONORING LEONA SASSAMAN Harris is one of the original members for the had waited 92 years for the United States Tuskegee Airmen, out of Travis Air Force Congress to recognize the genocide and suf- HON. PATRICK J. MURPHY Base. Additionally, he serves as the chairman fering that her people had endured at the OF PENNSYLVANIA of the committee that supports the new na- hands of hate and intolerance. IN THE HOUSE OF REPRESENTATIVES tional cemetery in Dixon, CA. Mrs. Jallyan-Vassilian passed away on Feb- In the wake of the wars in Afghanistan and ruary 27, 2008. She will be remembered for Monday, March 31, 2008 Iraq, a large number of veterans are returning her devotion to her Armenian heritage and her Mr. PATRICK J. MURPHY of Pennsylvania. to a nation that is grateful for their service. commitment to the cause of those Armenians Madam Speaker, I rise today to honor Leona However, it is men like Harris that ensure vet- who suffered wanton violence and cruelty.

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.009 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E444 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 Madam Speaker, I sincerely hope that my ica, Troop 1397, and earning the most pres- ‘‘My parents are from Yugoslavia, but I colleagues will join me in celebrating the life of tigious award of Eagle Scout. was born here. I am a citizen,’’ she said proudly. Askouhy Jallyan-Vassilian. Her legacy will Derick has been very active with his troop, ´ participating in many Scout activities. Over the And there was Angel, also 9, with a ready continue to serve as a reminder of the audac- smile and mischievous eyes, who wants to ity of human resilience. many years Derick has been involved with grow up to be a pilot. He came from Mexico f Scouting, he has not only earned numerous with his parents, as did Maura, who is tall merit badges, but also the respect of his fam- for her 9 years and very shy. IN HONOR OF SPIKE LEE ily, peers, and community. ‘‘I want to be a teacher,’’ she said. Madam Speaker, I proudly ask you to join Tenzin, 9, was born in Tibet and was not HON. DENNIS J. KUCINICH me in commending Derick Ray Bonner for his shy at all. And Shrabonti, 10, arrived in New York from Bangladesh and is proud of her OF OHIO accomplishments with the Boy Scouts of America and for his efforts put forth in achiev- good grades. IN THE HOUSE OF REPRESENTATIVES ‘‘I love school,’’ she said. Monday, March 31, 2008 ing the highest distinction of Eagle Scout. That’s why ‘‘A City of Immigrants— f Dreams and Realities of Life in New York, Mr. KUCINICH. Madam Speaker, I rise 1840–2007,’’ the history course Briscat and today in honor of distinguished producer, writ- COMMENDING THE IMMIGRANT Grolimund are teaching, is so appropriate. er-director, educator and actor, Spike Lee, AND HIS CONTRIBUTION TO NEW For these kids, history is more than learning whose insightful, intelligent films have had a YORK CITY’S VIBRANCY about events that took place many years be- significant impact not only on the film industry fore they were born. but also on American political discourse. HON. CHARLES B. RANGEL For them, the history of New York is their The son of a jazz musician and teacher, own and that of their parents; it is the strug- OF NEW YORK gle and the hopes and dreams of people like Shelton Lee was born in 1957 in Atlanta, IN THE HOUSE OF REPRESENTATIVES themselves who make our city vibrant and Georgia and later moved to Brooklyn, New Monday, March 31, 2008 alive and unique. York, the setting for many of his films and ‘‘Immigration has defined the history of home of his production company, 40 Acres Mr. RANGEL. Madam Speaker, I rise today New York City,’’ reads the introduction to and a Mule Filmworks. Mr. Lee learned the to express my delight that immigrants have the curriculum of ‘‘A City of Immigrants,’’ value of film as a tool of social commentary carved out a sacrosanct place in the American which was developed by the LaGuardia and and developed his film making skills while at- story and accordingly introduce a New York Wagner Archives of LaGuardia Community tending Morehouse College, where he made Daily News piece showcasing that contribu- College. This became even more evident for the stu- his first student film. He also took film courses tion. The vivacity and freshness that come dents on Tuesday, when three of the people at Clark Atlanta University and later earned a with a heavy immigrant population has been a they had been studying in class—all of whom degree from Tish School of Arts graduate film defining characteristic of New York City—and have their immigrant experiences chronicled program at New York University. Through his we have been the better for it. We define our- in the fourth-grade curriculum of ‘‘A City of films and ability to capture the attention of au- selves as a city of immigrants and recognize Immigrants’’—came to visit them. diences everywhere, Mr. Lee’s films such as the importance of the Statue of Liberty as a Esther Levine, born in 1919, was the daugh- ‘‘Do the Right Thing’’ and ‘‘Malcolm X’’ have symbol of what has helped make our city ter of Morris Levine, one of millions of East- been used as vehicles to significantly raise great. We live immersed in a potpourri of cul- ern European Jews who fled religious perse- cution from the 1880s through the 1920s. levels of social awareness about a variety of ture, all components distinctly American but She told the children about her father, who important social and political issues that con- each with flair and a kaleidoscopic beauty. became a traveling salesman, about Dora, tinue to plague American culture and society. Our children have benefitted most from this her mother, and their life on Essex St. on a He has revolutionized the role of Black tal- variety, learning not just from their teachers, very different lower East Side of Manhattan. ent in cinema. Widely regarded as one of to- but from a diverse cast of neighbors and Juan Rodrı´guez, a graphic designer at day’s premier American filmmakers, Mr. Lee is peers. The February 14 article—‘‘Immigrants’ LaGuardia, a Dominican immigrant in his a frontrunner in the ‘‘do it yourself school’’ of Stories Not Foreign to Kids’’—narrates the mid-30s, dreamed of being a baseball player. independent films. His most recent work, story of a New York classroom filled with The kids were fascinated by his tale of play- ‘‘When the Levees Broke,’’ a ground breaking ing pelota with a glove made from cardboard Americans, through and through, all with an- in his native country when he was about documentary focusing on the plight of Ameri- cestral ties to foreign nations. This newest their age. cans stranded in New Orleans after Hurricane generation will inherit this country far better Fern Kahn, a former associate dean at Katrina, has garnered rave reviews and is equipped to be citizens of the world than gen- LaGuardia, told the children about her life considered by many to be the definitive ac- erations before them. They are bound by a in New York in the 1950s, when she arrived count of that catastrophic event. fervid love and allegiance to America, their from Jamaica to study at NYU. But it was Mr. Lee’s trend-setting filmmaking, acting, home, married with a sensitivity and respect when she spoke about her native country, and groundbreaking producing are just a few for our global neighbors. and how she kept close ties with its culture, of the contributions he has made to greater that the children could not stop asking ques- It is a good day in America when our com- tions. American culture throughout his career. He monalities bind us, and our differences bring ‘‘Many fourth- and fifth-graders, especially has not only paved the way for numerous us that much closer. those in public schools in Queens, are mem- filmmakers, but has also positively changed IMMIGRANTS’ STORIES NOT FOREIGN TO KIDS bers of these ethnic groups,’’ said Richard public conversations on many social issues. It’s a wonder immigrants in the U.S. Lieberman, the archives director. ‘‘By invit- Madam Speaker and colleagues, please join haven’t been blamed for global warming. ing Fern, Juan and Esther to speak to the me in honoring the talented and inspirational After all, from the crumbling economy to in- class, the children will gain an under- producer and director, Spike Lee, whose ge- creases in crime, they’ve been accused of just standing of their own place in history and nius will continue to touch the lives of genera- about every other of society’s ills. the important role they play in American so- ciety.’’ tions to come. Which is why walking on Tuesday into teachers Joe Briscat and Kristen They, these diverse New York children, f Grolimund’s fourth-grade class at Public will be the doctors, pilots and teachers of the future. And they will keep writing the his- HONORING DERICK RAY BONNER School 199 in Long Island City was so uplift- ing. Their students are lively, smart, curious tory of our vibrant and unique city, which is, and diverse, everything you would expect after all is said and done, their own story. HON. SAM GRAVES from New York kids. And as it can happen f OF MISSOURI only in this city, particularly in Queens, PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES they—or their parents—come from 11 dif- ferent countries. Monday, March 31, 2008 ‘‘Raise your hand if your parents came HON. STEVE COHEN Mr. GRAVES. Madam Speaker, I proudly from a foreign country,’’ the group of 24 9- and 10-year-olds was asked. All the students OF TENNESSEE pause to recognize Derick Ray Bonner of did. IN THE HOUSE OF REPRESENTATIVES Kearney, Missouri. Derick is a very special There was Anita, a self-assured 9-year-old Monday, March 31, 2008 young man who has exemplified the finest with big green eyes who wants to be a doc- qualities of citizenship and leadership by tak- tor. A Muslim, she was wearing a beautiful Mr. COHEN. Madam Speaker, on Tuesday, ing an active part in the Boy Scouts of Amer- gold head scarf. March 12, I was unable to vote on roll No. 126

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.012 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E445 on the Motion to Adjourn. Had I been present, many years Brigham has been involved with derground Railroad helped free hundreds of I would have voted ‘‘no’’ on this motion. scouting, he has not only earned numerous thousands of African American slaves; Eliza- f merit badges, but also the respect of his fam- beth Cady Stanton, whose activism pushed ily, peers, and community. open the ballot box and made it possible for HONORING WILLIAM D. WHITE OF Madam Speaker, I proudly ask you to join all women to vote; Rosa Parks, whose refusal NAPA, CALIFORNIA me in commending Brigham Matthew Barzee to move to the back of an Alabama bus for his accomplishments with the Boy Scouts jumpstarted the modern civil rights movement; HON. MIKE THOMPSON of America and for his efforts put forth in and Dolores Huerta, who, as co-founder of the OF CALIFORNIA achieving the highest distinction of Eagle United Farm Workers Union, helped secure IN THE HOUSE OF REPRESENTATIVES Scout. fair wages and working conditions for thou- Monday, March 31, 2008 f sands of rural and urban workers. In our very own House of Representatives, Mr. THOMPSON of California. Madam PERSONAL EXPLANATION the list of heroes includes the first woman in Speaker, I rise today to recognize my good the U.S. Congress, Rep. Jeannette Rankin, friend and former high school classmate, Wil- HON. LYNN C. WOOLSEY and Shirley Chisholm, the first black woman liam D. ‘‘Bill’’ White, who has retired from the OF CALIFORNIA elected to the U.S. Congress who later be- Napa County District Attorney’s Office after 35 IN THE HOUSE OF REPRESENTATIVES come the first female and black Presidential years of dedicated public service in law en- Monday, March 31, 2008 candidate. It includes our very Speaker, forcement. NANCY PELOSI, who last year became the first Bill grew up near Lake Berryessa in Napa Ms. WOOLSEY. Madam Speaker, on March woman elected to lead this grand Chamber. County and attended a small county elemen- 12, 2008, I was unavoidably detained and was My district, New York’s 15th Congressional tary school that was variously housed in a not able to record my votes for rollcall Nos. District, is not without its share of accom- county roads building, a laundromat, and a 135–142. plished heroines. It is home to accomplished teacher’s home before a proper elementary Had I been present I would have voted: roll- community leaders like Dr. Ramona school was built. When he moved to the ‘‘city call No. 135—‘‘yes’’—On Motion to Table the Herna´ndez, Director of the Dominican Studies schools’’ in St. Helena, he prospered. He was Appeal of the Ruling of the Chair; rollcall No. Institute at the City University of New York; on the high school football and track teams, 136—‘‘yes’’—On Approving the Journal; roll- technology advocate Dr. Georgina Falu´, was both vice president and president of the call No. 137—‘‘yes’’—Kilpatrick of Michigan founder and president of the Falu´ Foundation; Student Body Council and Model U.N. rep- Substitute Amendment; rollcall No. 138— prominent Harlem physician and activist Dr. resentative. ‘‘yes’’—Lee of California Substitute Amend- Muriel Marjorie Petioni; and Susan Susman, Bill began his law enforcement career short- ment; rollcall No. 139—‘‘present’’—Call of the founder of the Preserve West Park North Coa- ly after he graduated from St. Helena High House; rollcall No. 140—‘‘no’’—Ryan of Wis- lition, who is an active member of the Mitchell School. He enrolled in Napa Valley College consin Substitute Amendment; rollcall No. Lama Residents Coalition and fierce housing and soon thereafter joined the campus police 141—‘‘yes’’—Revising the congressional activist. These are just some of the extraor- force. Budget for the United States Government for dinary residents whose accomplishments In 1973 Bill began working for the Calistoga fiscal year 2008, establishing the congres- sometimes go unnoticed by the media but who Police Department as a patrolman and as a sional budget for the United States Govern- are working continually to improve the lives of police dispatcher and later worked as a patrol- ment for fiscal year 2009, and setting forth ap- their families and their communities. man with the Suisun Police Department in So- propriate budgetary levels for fiscal years So Madam Speaker, I ask that you and my lano County. Bill joined the Napa County 2010 through 2013; and rollcall No. 142— distinguished colleagues join me in recog- Sheriffs Department in 1977 and distinguished ‘‘yes’’—Recognizing the exceptional sacrifice nizing the contributions made and realities himself over the next 18 years as a patrol of the 69th Infantry Regiment, known as the faced by women in the month of March and deputy, narcotics investigator, and homicide Fighting 69th, in support of the Global War on every day of the year. It is an effort that will investigator. Terror. bring us one step closer to a Nation that not He joined the Napa County District Attor- f only values equality and justice but is also ney’s Office as an investigator in 1995, later firmly committed to securing it for all. becoming supervising investigator in 2004 and HONORING WOMEN’S HISTORY ALL chief investigator in 2005. In these years he YEAR AROUND f became an expert in domestic violence and homicide investigations. In the course of his HON. CHARLES B. RANGEL REBUILDING AMERICA’S FUTURE career he has worked on more than 3,000 do- OF NEW YORK mestic violence cases and became a court-ap- IN THE HOUSE OF REPRESENTATIVES HON. RUSS CARNAHAN proved expert in investigating these crimes. Monday, March 31, 2008 OF MISSOURI Madam Speaker, Bill White has provided an IN THE HOUSE OF REPRESENTATIVES Mr. RANGEL. Madam Speaker, today I rise invaluable service to the people of Napa Monday, March 31, 2008 County for many years, and it is fitting and to ask my colleagues to join me in recognizing proper to honor him today and wish him well the everlasting accomplishments and contribu- Mr. CARNAHAN. Madam Speaker, with an in his retirement. tions of women as we look to celebrate Na- economic slowdown looming and the war in f tional Women’s History beyond the month of Iraq draining billions of dollars in public re- March. sources every week, a strong Federal budget HONORING BRIGHAM MATTHEW This year’s theme, as resolved by the will give families the help they need to weath- BARZEE House of Representatives on March 4, 2008, er tough times and prepare for a prosperous was to increase awareness and knowledge of future. HON. SAM GRAVES women’s involvement in history. It is an effort A budget that invests in America’s future will OF MISSOURI that is long overdue. Women have been pillars direct federal funding to where it’s needed IN THE HOUSE OF REPRESENTATIVES in our communities for centuries despite the most, especially health care, education, hous- sexism and discrimination that have limited ing, nutrition, job training and other priorities Monday, March 31, 2008 their opportunities to succeed across all fields that promote economic growth and expand op- Mr. GRAVES. Madam Speaker, I proudly and disciplines. Their stories are undeniably portunity. pause to recognize Brigham Matthew Barzee woven in the fabric of our history, from colo- A budget resolution that invests in America’s of Kansas City, Missouri. Brigham is a very nial times up through today. future will include bold new investments in special young man who has exemplified the The fight of our sisters and mothers to over- high-quality, affordable health care; strong finest qualities of citizenship and leadership by come stereotypes and other obstacles has public education; infrastructure and the devel- taking an active part in the Boy Scouts of helped carry out the promise of our democ- opment of clean energy sources to end our America, Troop 2137, and earning the most racy and drawn us closer to a more perfect dependence on foreign oil. It also means an prestigious award of Eagle Scout. union. The names of those who have broken end to the costly war in Iraq, and the repeal Brigham has been very active with his troop, through the barriers of the status quo include of President Bush’s irresponsible tax breaks participating in many scout activities. Over the Harriet Tubman, whose stewardship of the Un- for those who don’t need or want them.

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.014 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E446 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 We should also be providing tax relief and ing an active part in the Boy Scouts of Amer- years of service and numerous contributions help to struggling families and veterans; in- ica, Troop 1249, and earning the most pres- to the State of Delaware. She is an excellent crease homeland security funding; and reject tigious award of Eagle Scout. role model for those who aspire to serve their the President’s cuts to our first responders. Zachary has been very active with his troop, community through both public office and pri- A budget that invests in America’s future will participating in many scout activities. Over the vate service. She is a true trailblazer in every succeed only with broad support in Congress. many years Zachary has been involved with respect. I encourage my distinguished colleagues to scouting, he has not only earned numerous f support this proposed budget to rebuild Amer- merit badges, but also the respect of his fam- ica’s future. ily, peers, and community. HONORING MARGARET TRUMAN DANIELS AND HER LIFETIME OF f Madam Speaker, I proudly ask you to join me in commending Zachary Anthony Layton ACHIEVEMENTS FISA AMENDMENTS ACT OF 2008 for his accomplishments with the Boy Scouts of America and for his efforts put forth in SPEECH OF HON. CHARLES B. RANGEL achieving the highest distinction of Eagle OF NEW YORK HON. RON PAUL Scout. IN THE HOUSE OF REPRESENTATIVES OF TEXAS f Monday, March 31, 2008 IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF PRISCILLA Mr. RANGEL. Madam Speaker, I rise today Friday, March 14, 2008 RAKESTRAW, 24TH TRAILBLAZER to honor Margaret Truman Daniels, the daugh- Mr. PAUL. Mr. Speaker, I rise in opposition AWARD RECIPIENT ter of a great American President and a pop- to this latest attempt to undermine our per- ular mystery novelist whose source of grace sonal liberties and violate the Fourth Amend- HON. MICHAEL N. CASTLE and inimitable talent was no mystery. Her ment of the Constitution. This bill will allow the OF DELAWARE strong-willed parents, President Harry S. Tru- federal government to engage in the bulk col- IN THE HOUSE OF REPRESENTATIVES man and his wife Bess, instilled in her a depth lection of American citizens’ communications. of character and a penchant for independence Monday, March 31, 2008 In effect, it means that any American may that remained with her a lifetime. She was have his electronic communications monitored Mr. CASTLE. Madam Speaker, it is with their beloved only child who made a name for without a search warrant. great pleasure that I rise today to recognize herself in the entertainment business—staking As such, the bill clearly violates the Fourth Ms. Priscilla Rakestraw, who is the recipient of a claim in the worlds of music, television, Amendment, which states: The Agenda for Delaware Women’s 24th Trail- radio, and books, and even establishing her ‘‘The right of the people to be secure in their blazer Award. Priscilla was selected for this own brand of critically-acclaimed Washington- persons, houses, papers, and effects, against award because of her pioneer roles in formu- based mystery novels. unreasonable searches and seizures, shall not lating corporate policy, community service, She was a longtime New York resident, and be violated, and no Warrants shall issue, but politics, and Government. we are proud to have called her one of our upon probable cause, supported by Oath or During her career in human resources at the own. The breadth of her talent and the legacy affirmation, and particularly describing the DuPont Company, Priscilla was instrumental in she sought to preserve set her apart, and that place to be searched, and the persons or developing substance abuse and sexual har- is what we celebrate today. things to be seized.’’ assment programs for DuPont. These pro- f The assurances in this bill that Americans grams gained recognition nationwide, eventu- will not have their communications monitored ally resulting in their adoption at DuPont loca- IN RECOGNITION OF THE 150TH AN- without warrant are unconvincing. The bill tions throughout the United States. Due to NIVERSARY OF THE ESTABLISH- merely states that the government should do Priscilla’s foresight and persistence, DuPont MENT OF THE SPRINGFIELD, its best to avoid monitoring Americans if pos- was able to provide assistance aimed at eradi- MISSOURI, POLICE DEPARTMENT sible. We have seen how meaningless such cating harmful behaviors in the workplace. qualified prohibitions have been as we recount After leaving DuPont, Priscilla continued to HON. ROY BLUNT the abuses over the past several years. use her skills and passion as a leader to ad- OF MISSOURI Just today, we read in the news that the vance causes for organizations she feels IN THE HOUSE OF REPRESENTATIVES strongly about. She is active in raising funds federal government has massively abused its Monday, March 31, 2008 ability to monitor us by improperly targeting for various community, church, and charitable Americans through the use of ‘‘national secu- organizations. As development director for Wil- Mr. BLUNT. Madam Speaker, I rise today rity letters.’’ Apparently some 60 percent of the mington College, Priscilla played a vital part in to pay tribute to the Springfield, Missouri, Po- more than 50,000 national security letters tar- raising funds to expand the university by ac- lice Department as this year it celebrates 150 geted Americans, rather than foreign terrorists, quiring new college sites. As development di- years of distinguished service to a grateful for surveillance. rector for the Delaware Breast Cancer Coali- community. This is what happens when we begin down tion, she has raised funds for a new, more In truth, the department actually traces its the slippery slope of giving up our constitu- conveniently located facility. She has served origins as far back as 1829, when Campbell tional rights for the promise of more security. on a number of boards, including Goodwill, the township, which would later become Spring- When we come to accept that the government Ministry of Caring, the East Side Charter field, was laid out and initially settled. Twenty can spy on us without a court order we have School, and the annual auction for the Em- years later, the community’s first constable come to accept tyranny. manuel Dining Room, where she raised over was appointed by a population consisting of a I urge my colleagues to reject this and all $500,000 to provide food to those in need. small group of families living on the outer legislation that allows Americans to be spied An advocate for women in politics and Gov- edges of the wilderness. Law and order, of on without a properly issued warrant. ernment, Priscilla has long encouraged sorts, having been established, the population f women to pursue positions in politics, she her- of Springfield grew rapidly as more families self having extensive experience in the polit- sought new challenges and opportunities in HONORING ZACHARY ANTHONY ical arena. Priscilla has held leadership posi- the beauty of the Ozarks. LAYTON tions in more than 120 campaigns, both at the To keep up with a growing settlement, national and State levels. She is presently the Springfield formally created a small police HON. SAM GRAVES longest serving member of the Republican Na- force in 1858—consisting of a marshal and OF MISSOURI tional Committee, having held the position of two junior officers. Thus began in earnest IN THE HOUSE OF REPRESENTATIVES Delaware’s Republican National Committee- what would later be recognized as one of the woman since the age of 27. She will attend most effective and efficient community law en- Monday, March 31, 2008 the National Convention this year, as usual, forcement agencies in the country. Mr. GRAVES. Madam Speaker, I proudly and is a member of the Arrangements Com- By the end of the 19th century, the chief of pause to recognize Zachary Anthony Layton of mittee and chair of the Convention’s Entertain- the Springfield Police Department was col- Platte City, Missouri. Zachary is a very special ment Committee. lecting a stout salary of $50 a month, and offi- young man who has exemplified the finest I want to publicly thank, recognize and ac- cers were making a whole lot less. And if the qualities of citizenship and leadership by tak- knowledge Priscilla Rakestraw for her many pay didn’t scare them away, the department’s

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.018 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E447 standard uniform sometimes did: blue serge officer with her male counterparts. Black offi- milestone. I also want to urge my fellow citi- uniforms with English-style police helmets—at- cers began their service on the police force zens not to forget to thank each officer they tire strikingly similar to British ‘‘Bobbies.’’ Offi- starting in 1874 and have continued to serve see for the important work they do each and cers walked a beat 12 hours a day, 7 days a their community with bravery and honor ever every day. week, every day of the year. It would be 50 since. f years and the passage of new Federal work The Springfield Police Department began HONORING RONALD THOMAS laws before officers saw a 5-day work week, housing prisoners in 1874, welcoming their cli- CUNNINGHAM and another extended period of time before ents in a 15x30 foot wooden building with a Springfield voters would approve the first pen- dirt floor. The jail was located immediately sion plan for police officers and firemen. west of the downtown business district, and is HON. SAM GRAVES The first telephone arrived at the Springfield the site of the present day Calaboose, home OF MISSOURI headquarters in 1898, and 2 years later a of the department’s Police Museum and Park IN THE HOUSE OF REPRESENTATIVES transport vehicle, dubbed the ‘‘Black Maria’’ Central Substation. At the turn of the 20th Monday, March 31, 2008 and the ‘‘Hoodlum Wagon,’’ was put into use. century, it wasn’t unusual to see intoxicated Mr. GRAVES. Madam Speaker, I proudly The first automobile, a Studebaker, didn’t roll partygoers hauled to jail in a wheelbarrow. pause to recognize Ronald Thomas into the station until 1910—but all beats would Tough to get a DUI on three wheels, after all. Cunningham of Blue Springs, Missouri. Ronald be covered by foot patrol into the 1960s. But after nearly 130 years in the jail business, is a very special young man who has exempli- Under the leadership of Lieutenant Sam the Springfield Police Department transferred fied the finest qualities of citizenship and lead- Robards, the Springfield Police entered a new all incarceration responsibilities to the Greene ership by taking an active part in the Boy era in 1940 by establishing an integrated po- County jail complex. Scouts of America, Troop 1763, and earning lice academy, creating a gun range, upgrading The department headquarters have moved the most prestigious award of Eagle Scout. its weapons cache, and making mandatory a several times over the past century and a Ronald has been very active with his troop, program of in-service training. The new gadg- half—each time in response to a growing pop- participating in many scout activities. Over the ets of the 20th century that changed everyday ulation and the demand for more police serv- many years Ronald has been involved with life in America also enhanced the abilities and ices. From near Park Central Square and scouting, he has not only earned numerous effectiveness of the police department. West College Street in the late 1800s and fi- merit badges, but also the respect of his fam- Nearly 100 years after the first patrol car nally into two modern stations on East Chest- ily, peers, and community. went into service, modern patrol vehicles nut Expressway near city hall and on Battle- Madam Speaker, I proudly ask you to join today are enclosed, climate controlled, and field Road, police headquarters are designed me in commending Ronald Thomas equipped with laptop computers, cellular tele- to be high security, limited-access facilities to Cunningham for his accomplishments with the phones, and radios that provide instant con- accommodate the logistical needs of a grow- Boy Scouts of America and for his efforts put tact between officers and commanders. As ing police force—and an ever-growing commu- forth in achieving the highest distinction of one would expect, this technology has had a nity. Eagle Scout. real and immediate impact. In 2003, the Committee of the International f Last year, the Springfield Police Department Association of Chiefs of Police announced the responded to more than 100,000 calls for Springfield Police Department was a finalist in ASSESSING THE 2008 OUTLOOK FOR service and investigated more than 15,000 re- a worldwide competition recognizing out- THE CARIBBEAN ported crimes. Just to give you some perspec- standing community policing initiatives—a first tive, traffic enforcement didn’t begin as an ob- for any police force in the State of Missouri. HON. CHARLES B. RANGEL ligation of law enforcement until after World That same year, the Springfield Police Depart- OF NEW YORK War I—with one Springfield officer, on foot, di- ment was granted full accreditation status by IN THE HOUSE OF REPRESENTATIVES recting horseless carriages at the corner of a national commission for the third consecu- Monday, March 31, 2008 Jefferson Avenue and St. Louis Street. The tive year. Mr. RANGEL. Madam Speaker, I rise today modern day Springfield Police force worked As much as things have changed over 150 to acknowledge the challenges the Caribbean 9,000 traffic accidents last year and issued years, some things have not. Just as in 1858, faces in this coming year by introducing the more than 53,000 traffic citations. officers put their lives on the line for their editorial, ‘‘Looking to 2008 for Improved Eco- Today, officers use small, highly sophisti- friends, families, and neighbors each and nomic and Social Conditions,’’ published in the cated surveillance equipment to both prevent every day. And just as in the past, the com- New York CARIB News on January 8. The ar- crimes and prosecute criminals. Cutting-edge munity of Springfield thanks those officers for ticle posits that the area will have to rely on science in forensic laboratories is now an es- their service, and forever honors the heroes the economic gains of the last few years, as sential part of crime solving. Officers of 1858 that have fallen in the line of duty. it faces rising inflation and an economy that would marvel at the sophistication of the 21st Though not long, the list of officers killed will prove to be less robust. It hails the Carib- century law enforcement technologies being while on the job reminds us every day of the bean Single Market and Economy as vital and employed every day by the Springfield P.D. solemn commitment others have made—and argues that efforts to strengthen it should help Other new scientific advances prompted the continue to make—to safeguard our security. the region stave off the grim economic picture. creation of the Bureau of Identification, which Starting with Campbell Township Constable It notes that the impact of rising crime, particu- started taking fingerprints and photographs of Jacob Baughman in 1871, nine Springfield of- larly homicides, merits acknowledgement and all suspects in 1925. In the latter part of the ficers have made the ultimate sacrifice. Four solutions, perhaps by tackling those social century, the six-shooter was replaced by 9mm officers were killed in the 20th century’s single conditions—a pervasive drug trade, the flurry semiautomatic handguns; automatic weapons deadliest law enforcement shoot-out on of guns, and poverty—that are fueling that and bulletproof vests were added and a tac- record—referred to by most as ‘‘The Young rise. tical weapons squad became permanent addi- Massacre.’’ Also killed in that epic 1932 battle As steadfast allies of the Caribbean, we tions to the force. Mace, batons, and riot hel- with the Young brothers was the Greene friends of the Caribbean in this House should mets were issued for the first time in the County sheriff, as well as his deputy. stay abreast of all developments out of the re- 1960s. To respond to the rising tide of illegal Today, our police officers serve as our first gion, with a ready hand, an open heart, and drugs, the Springfield Police Department cre- line of defense against a new and evolving an attentive ear. ated a narcotics unit in the 1970s. threat—terrorism. The world is a much more LOOKING TO 2008 FOR IMPROVED ECONOMIC AND Other innovations in law enforcement were dangerous place today than it was in 1829, SOCIAL CONDITIONS, CARIBBEAN REGION EX- realized in 1959, when the department first and there are those—both homegrown and PECTS TO CONSOLIDATE GAINS OF RECENT formed the Police Dog Unit, P.D.U., with three foreign—who would like nothing more than to YEARS officers and three dogs. The unit was dis- visit harm upon the American people. It will be The World Bank has warned of a slowdown banded in 1979, only to be reestablished in local police who likely detect and face that in economic growth in the Caribbean while 1994. Women became part of the Springfield threat first. the United Nations considers it the Year of Police Department in 1914 when Margaret For all they have done over the last 150 the Potato at a time when food prices throughout the region, indeed, the world Hull was enlisted as the first commissioned years—and continue to do to this very day— have gone through the roof. policewoman, charged with handling female I want to express my sincere appreciation and By the middle of the first month of the prisoners. Sixty-two years later, the first fe- thanks to the Springfield Police Department, year, Barbadians would have selected a polit- male officer was sworn in to work as a patrol and congratulate it on reaching this historic ical party to run the country for the next

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.022 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E448 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 five years while Grenada’s electorate would have to take the crumbs that the large and dent Musharraf, who had previously toppled have a chance sometime soon to decide who medium size economies allow to fall from the government of Nawaz Shariff in order to should govern the Spice Isle. their tables. That’s why this year is going to take control of the country, has shown him- What else can we expect in the year 2008? be crucial for Caricom as it seeks to take the self to be a person whose word isn’t worth Except for energy rich Trinidad and To- CSME to a higher level. the paper it is written on. He went back on bago, the economic picture of the region That’s not all. most of the promises he made to Bhutto, isn’t expected to robust. Whether in Ja- Mushrooming crime rates, especially homi- thus setting the stage for the mistrust and maica, the Bahamas, Grenada, St. Kitts- cides, are a cause for alarm, not simply in the instability which culminated in her Nevis, Barbados, St. Lucia, Haiti, or the Do- Jamaica which has one of the world’s highest death at the hands of a young man who blew minican Republic the forecast calls for ex- murder rates per head of population, but in himself up after firing shots at her. She was pansion that would hardly cause elation, less Trinidad and Tobago and the Bahamas where destined to play a powerful role in her coun- than four per cent. With energy and food hundreds of people lost their lives at the try once again but that was not to be. prices seemingly spiraling often out of con- hands of murderers in 2007. Barbados too is An international independent investiga- trol, inching towards record highs, the var- beginning to worry and 2008 may prove to be tion into her killing must be undertaken to ious countries may have to consolidate eco- decisive, meaning if it can’t keep a lid on bring the perpetrators of her assassination nomic gains of prior years, instead of reach- lawlessness and killings. Just the other day, to the bar of justice. Without such an in- ing for the stars. a highly respected retired senior civil serv- quiry the Musharraf administration would The next 12 months should see rising infla- ant, Kenrick Hutson, was shot dead at his remain under suspicion as a brutal and mur- tion as consumers throughout the English, home while sitting on the terrace, within derous co-conspirator. French, Spanish and Dutch-speaking nations earshot of his wife and daughter. Bhutto’s sad end in Pakistan is a sharp re- and territories are forced to dig deeper into The danger for the Caribbean is that unless minder to all of us how dangerous some their pockets for meat, cereals, rice and the various destinations get a grip on crime, places in the world have become and it tells other essential items as global demand out- it could spill over into the lucrative tourism a story of the Caribbean’s good fortune in strips supply. As importing countries, Carib- industry. The countries have become in- being a politically stable region where gov- bean states, like the rest of the developing creasingly dependent on visitors coming to ernments are far more interested in upgrad- world are feeling and will continue to feel the region in search of tranquility and if ing people’s daily lives than possessing the the full brunt of the impact of rising prices they are made to feel unsafe, they simply bomb and remaining in office at all cost. as they have to spend more, much more to would find a safe haven elsewhere for their Our hearts go out to those Ms. Bhutto has buy the same amount of essential supplies vacations. Just as important, or even more left behind, especially her children. We didn’t believe she was the answer for they paid for in 2006. so, is the impact of crime on the local popu- The problem isn’t difficult to spot. lations. Far too many nationals of Caribbean what ails Pakistan. During her years at the While food accounts for only about one- states are becoming victims of crime per- helm, Pakistan was a politically divided country where well connected politicians and tenth of the consumer price index in the petrated by their neighbors or those who live families lived off the fat of the land, like feu- United States, Canada and Europe and prices not too far away. Security forces, such as the dal overlords while more than 40 million peo- are expected to rise at about five per cent in police, need better training, more sophisti- 2008, the poor nations, the Caribbean among ple lived in abject poverty. cated equipment and eager cooperation from Another thing. U.S. policy in the Indian them, food accounts for almost 50 per cent or the public. sub-continent is now in shambles. The Bush more of the consumer price index. In Nigeria Fueled by a combination of the drug trade, administration unwisely encouraged Bhutto and Bangladesh it’s about two-thirds. That’s a flood of guns, poverty and criminal deport- to go back to Pakistan, knowing that her why the big battle governments and central ees from the U.S., Britain, Canada and other family’s enemies in and out of the army and bankers in the Caribbean are expected to countries, crime can and does adversely af- the radical community wouldn’t rest until fight in 2008 as prices continue to rise is fect the quality of people’s lives, heighten they had done her harm. Unfortunately, they going to be limiting wage increases, thus fear and force governments to divert re- succeeded. creating continuing inflation. Don’t be sources from much needed social services The Bush White House embraced caught off guard, then, if central banks into law enforcement. So, instead of spend- Musharraf, whose dictatorial tendencies are tighten the money supply. ing on education, health care and programs well known. His lack of respect for the inde- But food and energy prices aren’t the only for the youth and the elderly, governments pendence of the judiciary and the press economic worries in the Caribbean. would find that in 2008 they have to hire should have made him a pariah in Washing- Coming on the heels of signing the con- more police officers, prosecutors and prison ton’s eyes. But the Republicans looked the troversial economic partnership agreement staff. other way because of its ‘‘war on terrorism.’’ with the European Union, Caricom states If there is a consolation in this unsettling Washington’s contradictory policies are and the Dominican Republic are entering a picture, it is that the Caribbean is not evident in its warm relations with Musharraf new relationship with Europe, one which is among the worst regions of the world. The and its disdain for Venezuela’s leader Hugo putting the final nails in the coffin of pref- Middle East and various parts of Asia are Chavez. Although the Latin American Presi- erential trade. First it was the special ar- starting the New Year with crises that make dent was voted into office by wide margins in rangement for bananas produced in the Car- many of us shudder, wondering what the free and fair elections, the U.S. labeled him ibbean, Africa and the Pacific. Then it was world is coming to after the awful events of a dictator and joined forces with his enemies sugar’s special price being phased out. Now, 9/11. to try to discredit him. they must perform in a different trade and Apart from the atrocious conditions in Perhaps, 2008, President Bush’s final year investment climate that would force the na- Iraq, Lebanon, Sri Lanka, Darfur, the border in office may bring some meaningful and tions to open up their markets to more Euro- between Eritrea and Ethiopia and Zimbabwe, positive changes in his foreign and economic pean goods. Admittedly, they will have a Pakistan ended the old year and welcomed policy. grace period in which to do so, depending on 2008 with blood on its hands. This nuclear na- An important change would be its stance the commodity and the product. tion bade farewell to 2007 in a tragic fashion, on the issue of Antigua, Internet gambling And that’s happening at a time when the assassination of Benazir Bhutto, a and the World Trade Organization. The Caricom is moving ahead with its efforts to former Prime Minister, an appalling act that WTO’s recent decision to give Antigua the strengthen the Caribbean Single Market and triggered rioting that led to the deaths of at greenlight to secure compensation following Economy, CSME. Having officially launched least 50 people. the U.S. high-handed attack on a legitimate the Single Market, the ‘‘economy’’ portion of Bhutto, a member of one of Pakistan’s business that once employed thousands of the integration effort may prove to be the wealthiest and most powerful families, re- Antiguans was probably not what the gov- biggest challenge as countries seek ways to cently returned to her birthplace after ernment in St. John’s wanted. But it is a finance their continued development spending eight years in exile in London and step in the right direction. through taxes and other measures on intra- the United Arab Emirates to avoid prosecu- The Baldwin Spencer government should regional trade. That’s where plans for the tion on corruption charges. She was imme- be applauded for its tenacity and its ability Caribbean Development Fund come in this diately greeted with a horrendous suicide at- to remind Washington that the law of the year. With an anticipated pot of more than tack on her entourage that killed more than jungle, might is right, can backfire. The U.S. $200 million that would be earmarked to fi- 150 people. acted to outlaw Internet gaming in Antigua nance economic and social expansion in the The former Prime Minister went back and other countries while allowing gambling less developed states, the members of the Or- home after reaching an agreement with Pak- at home, in the form of lotteries, off-track ganization of Eastern Caribbean States in istani President Pervez Musharraf, who until betting on horse races and in casinos in Las particular see the Fund as a carrot that recently was also head of the Army. It al- Vegas, Atlantic City and other parts of the would encourage them to commit fully to lowed her to participate in the upcoming U.S. the CSME. parliamentary elections and hopefully share We trust that the U.S. abide by the WTO Make no mistake about it. The CSME is power with the newly re-elected President. It ruling and make 2008 the year when it ended vital to the region’s future. Without it, the was a dangerous mission from the start. She its unworthy battles against a tiny neighbor small states would virtually be ignored as was seen by anti-American extremists as a which wants nothing more than to boost its players in global trade negotiations. They tool of the United States, and therefore an economy and improve living the conditions would be treated as Lilliputians which would enemy of Muslim radicals. In addition, Presi- of its people.

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.024 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E449 This year should also see New York play- TRIBUTE TO PAUL FACCHINA SR. speaks to possible solutions. A conflux of ing the role of host to Caribbean Presidents drugs, guns, disaffected youth, and poverty and Prime Ministers who are due in the City HON. STENY H. HOYER has gripped the area’s island nations, particu- in June to meet with business and political larly Jamaica, with a world-leading 59 homi- leaders and the large Caribbean immigrant OF MARYLAND community. IN THE HOUSE OF REPRESENTATIVES cides for every 100,000 people. This is an U.S. Congressman Charles Rangel, Chair- issue neither solely endemic, nor of sole con- man of the powerful Ways and Means Com- Monday, March 31, 2008 cern, to the Caribbean. The international com- mittee of the House of Representatives, who Mr. HOYER. Madam Speaker, today I want munity, rather, must accept its contribution to is perhaps the region’s best friend on Capitol to commend Paul Facchina, Sr., for his out- the problem, in the way of an aggressive inter- Hill is expected to do his part in making the standing contributions to the natural heritage national drug trade and the rampant sale of meetings a success. small arms. The Caribbean itself must do its They are to be a follow-up to last year’s of the State of Maryland. Mr. Facchina has Caribbean conference in Washington which made his name as one of Maryland’s leading part to draw its youth away from criminality culminated with sessions with Mr. Rangel businessmen—but I suspect that he will be re- and hopelessness, and invest in their edu- and other members of his Committee, the membered just as much for his wonderful gen- cations and financial security. Black Caucus and President George Bush. erosity. He has left our State a gift whose GUNS, DRUGS AND MURDER A LETHAL COM- Clearly, then, 2008 promises to be a year of value cannot be measured in dollars: the gift BINATION IN CARIBBEAN—WHERE IS THE action. of open, unspoiled land. INTERNATIONAL COMMUNITY AND GUN MAK- f Most recently, Mr. Facchina made headlines ERS? ‘‘The Caribbean Sun, sea and murder.’’ HONORING WILLIAM H. EASTBURN with his donation of 179 acres in St. Mary’s That unsettling headline atop an equally III County to the Maryland Environmental Trust. disturbing story about violence in the Carib- No doubt, he could have sold development bean was summarized in a shocking fashion HON. PATRICK J. MURPHY rights on that land for a significant profit. But by The Economist, one of the English lan- by placing it under a conservation easement, guage’s leading weekly news publications. OF PENNSYLVANIA he ensured that it will remain pristine and ‘‘Indeed,’’ it stated, ‘‘the Caribbean better IN THE HOUSE OF REPRESENTATIVES largely undeveloped. Wetlands and woods will known for its blue skies, cricket and rum Monday, March 31, 2008 punch, is the world leader in violent crime.’’ stand in place of housing tracts. And our While that may be something of an over- Mr. PATRICK J. MURPHY of Pennsylvania. State’s environmental health will benefit: By in- statement, the fact of the matter is that the Madam Speaker, I rise today to honor the life cluding vital waterfront land in his grant, Mr. picture is deeply troubling and needs urgent of William H. Eastburn III. Mr. Eastburn Facchina contributed to our efforts to clean up attention, not simply by Caribbean govern- passed away on March 7, 2008, following a and preserve the endangered Chesapeake ments but the international community. long and courageous battle with cancer. Mr. Bay. Some numbing figures tell much of the story about homicides in a part of the world Eastburn lived an honorable and noteworthy At the same time, the grant strengthens one where people and their government are wed- life, dedicating himself to helping those in his of southern Maryland’s most valuable eco- ded to law and order, tranquility and democ- community. nomic resources, the Patuxent River Naval Air racy. With 59 homicides for every 100,000 per- Mr. Eastburn began his career of service to Station. By protecting the buffer surrounding sons in the country, Jamaica heads the list others as a prosecutor at the Bucks County the Navy base, Mr. Facchina’s donation helps as ‘‘the world’s most murderous country,’’ District Attorney’s office and then later at the ensure that the Naval Air Station will remain according to the magazine. Some distance state Attorney General’s office. After his work open and viable, creating jobs in St. Mary’s away were St. Vincent & the Grenadines 36; as a prosecutor, Mr. Eastburn became a Belize 33; St. Kitts-Nevis 32; Trinidad and County and driving the local economy. In Tobago 30; the Bahamas 25; and Antigua & fourth generation member of the law firm of cases like this one, conservation often proves Barbuda 23 for every 100,000 persons. Eastburn and Gray, Bucks County’s largest to be good business. It’s not difficult to figure out why this law firm. So I thank Paul Facchina, not only for his tragic situation has evolved in a part of the In addition to his distinguished legal career, most recent gift, but for a long and proud leg- world that’s known as a bit of paradise on Mr. Eastburn will be long remembered for his acy of giving that includes an historic planta- earth. Drugs, guns and disaffected youth sum philanthropic work within Bucks County. Mr. tion, headwater streams of the St. Mary’s up the story. Add poverty to the mix and the Eastburn founded and served as chairman of situation comes into proper perspective. River, and the forest habitats of Maryland The Caribbean has been the soft underbelly the board for the Voice of Reason, an organi- birds. In all, his family has entrusted more of the international drug trade for decades. zation dedicated to ending gun violence. He than 2,100 acres to the environmental care of Illegal narcotics, especially cocaine and served for several years as the chairman of our State. When Maryland residents enjoy that some heroin are ferried through the region both the Bucks County Commission on Vio- open land, and all of its benefits, I hope they from South America by Colombia, Bolivia lence Prevention Task Force and the Bucks will remember whom to thank. and Venezuela and destined for North Amer- County Implementation Commission on Vio- ica and Europe. I also want to take this opportunity to recog- In addition, some Caribbean states, includ- lence Prevention. Mr. Eastburn also dedicated nize the excellent work of the Maryland Envi- ing Jamaica and St. Vincent & the Grena- his time to the Heritage Conservancy, Western ronmental Trust, which will take care of that dines are considered by law enforcement au- Health Foundations, First Service Bank, and land as part of its more than 112,000 acres. thorities in the United States and Canada as the Free Clinic of Doylestown Hospital. Since 1967, the Trust has worked to help significant marijuana growers. Madam Speaker, Mr. Eastburn spent his life keep our State beautiful, and to help land- Because guns and ammunition are compan- working to improve, not just Bucks County but owners preserve their piece of it. For more ions in the nefarious drug trade, it shouldn’t the larger American community as well. He come as a surprise to learn there is a flood of than four decades, landowners have relied on small arms in the region. Almost every coun- established and participated in various organi- the Trust to watch over the legacies they try has reported a rising incidence of the use zations that benefited people all across the leave, and I’m sure that they will be able to do of guns in criminal activity. Law enforce- United States. Along with his wife Connie, Mr. so for decades to come. ment authorities are reporting more and Eastburn helped found the Americans for Na- f more cases of drug-related offences in which tive Americans, which raised money and gath- guns are a factor. Next are the armed rob- ered supplies for Native Americans living in ON RISING VIOLENT CRIME IN THE beries; kidnappings, shootings, and as the the Southwest United States. Mr. Eastburn CARIBEEAN AND WHAT SHOULD story indicated homicides. BE DONE ABOUT IT The countries seem unable to stem the helped organize and lead the Bucks-Mont Bay drug tide and the importation of guns. With Waveland Katrina Relief Project which raised wide open waterways and beaches, most of over $2 million for the hurricane ravaged area HON. CHARLES B. RANGEL them find it virtually impossible to put a of Hancock County, Mississippi. OF NEW YORK dent in violent crime. Perhaps the most dra- matic and frightening incident in recent As his outstanding work and achievements IN THE HOUSE OF REPRESENTATIVES show, William Eastburn III dedicated his life to years was the massacre in Lusignan, the helping those in his community and beyond. Monday, March 31, 2008 East Coast Demerara village of East Indians Through his lifelong efforts, Mr. Eastburn has Mr. RANGEL. Madam Speaker, I rise today late last month. Eleven men, women and children were slaughtered in their homes by transformed Bucks County and America for to call attention to the pressing matter of in- criminals. The killing of a soldier by a mer- the better. Madam Speaker, I am proud to creasing violent crime in the Caribbean and to ciless gang brought the death toll to an ap- honor Mr. Eastburn for his lifetime of extraor- introduce a New York CARIB News editorial palling dozen persons. What then can be and dinary accomplishments. that eloquently elucidates the problems and must be done?

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.026 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E450 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 Caribbean governments are already divert- young man who has exemplified the finest tin. Mr. Herrin is married to Nancy. He has ing scarce resources from education, health, qualities of citizenship and leadership by tak- three children: Lisa, Mike, and Brad. He is the roads, bridges, services to the elderly and the ing an active part in the Boy Scouts of Amer- proud grandfather of five grandchildren: Jesse, youth in order to boost law enforcement. They recognize two things: (1) their nation- ica, Troop 1221, and earning the most pres- Ashley, Keller, Michael, and Andee. als and businesses must be able to feel safe tigious award of Eagle Scout. Jerry Herrin began his distinguished career on the streets, stores, offices, factories and Paul has been very active with his troop, working on the staff of the Austin Chamber of homes, and (2) the vital tourism industry can participating in many scout activities. Over the Commerce from 1963 to 1967. Mr. Herrin took be undermined if visitors stop going to the many years Paul has been involved with his first job as a Chamber CEO in 1968 at the beautiful destinations because of a fear of scouting, he has not only earned numerous New Braunfels Chamber of Commerce. Over crime. merit badges, but also the respect of his fam- the years, he has served as president and Interestingly, crime and violence aren’t al- ily, peers, and community. CEO of numerous Chambers including Con- ways seen by the populace as pressing issues. Madam Speaker, I proudly ask you to join roe, Garland, and Temple. They barely registered on the political radar screens during recently general election me in commending Paul Thomas Morgan for Jerry Herrin has served as president and campaigns in the Bahamas, Jamaica and his accomplishments with the Boy Scouts of CEO of Grapevine Chamber of Commerce Barbados. But in Trinidad and Tobago where America and for his efforts put forth in achiev- since 1985. Mr. Herrin has dedicated himself kidnappings and killings drive fear into peo- ing the highest distinction of Eagle Scout. to the betterment of the Grapevine community ple’s hearts, there are growing calls for the f promoting area businesses, and supporting use of capital punishment as something of a growth of new establishments, for over twenty- deterrent. IN RECOGNITION OF THE HUMAN three years. Under his tenure, Mr. Herrin has Already, the prisons in almost every na- RIGHTS CAMPAIGN secured dedicated members, many who serve tion are overcrowded and except for the ac- quisition of sophisticated equipment, more on its committees and board of directors. powerful guns and better training of cops, HON. DENNIS J. KUCINICH Jerry Herrin has provided tremendous sup- there is nothing that the countries have not OF OHIO port for his community and his outstanding already tried. IN THE HOUSE OF REPRESENTATIVES leadership is worthy of recognition. I wish Mr. Crime has featured prominent at the sum- Herrin a happy, healthy retirement, and a well Monday, March 31, 2008 mits of the region’s heads of government and deserved change of pace. It is an honor to the subject is expected to be raised again. Mr. KUCINICH. Madam Speaker, I rise represent him in the 24th District of Texas. But the international community must today in recognition of the Human Rights f also do its part. Until the United States and Campaign, defender of civil rights for gay, les- Europe in particular address the issue of the bian, bisexual and transgender people, and HONORING THE CONTRIBUTIONS demand for illegal narcotics, the Caribbean OF ELIZABETH STINSON would remain highly vulnerable. Washington force for fundamental fairness and equality for must also re-evaluate its stance at the all. United Nations and elsewhere on the sale of It is with great honor that I recognize this HON. LYNN C. WOOLSEY small arms. The Caribbean isn’t a producer important organization tonight during its fif- OF CALIFORNIA or exporter of guns, yet deadly weapons are teenth annual Human Rights Campaign Gala IN THE HOUSE OF REPRESENTATIVES in the hands of people everywhere. At a time Dinner and Dance. Founded in 1980, Human Monday, March 31, 2008 when the U.S. is said to be fighting terrorists Rights Campaign initial goal was to support at home, most of the guns being used to kill Ms. WOOLSEY. Madam Speaker, I rise with people next door in its neighbors have a candidates running for Congress who they made in U.S. label on them. recognized as unequivocal supporters of civil great pleasure to honor a visionary, diplomat, The world’s rich countries can ill-afford to rights and fairness of all people. Twenty years activist, and advocate for peace on the occa- turn a blind eye to the peril caused by the on, this organization has grown into a national sion of her receipt of the 2008 Jack Green twin evils of guns and drugs. leader in the pro-equality movement. Today, Civil Liberties Award by the American Civil Of course, the Caribbean must deal with HRC represents over seven hundred thousand Liberties Union of Sonoma County. Elizabeth the problem of disaffected poor youths, most members and supporters as the largest na- Stinson’s work with the Peace and Justice of them males, who have seemingly lost tional gay, lesbian, bisexual and transgender Center of Sonoma County and her lifetime their way and have little desire for an edu- dedication to human rights have left an endur- cation that would enable them to become civil rights organization. HRC works in Con- productive citizens. That’s a dangerous trend gress and the private sector to gain necessary ing legacy. because in the years ahead, the islands and protections for GLBT workers as well as to In 2001, after several years work with the coastal states would have hundreds of thou- successfully raise this Nation’s awareness of United Nations, where she still retains a posi- sands of people who are unprepared for the the need for protecting everyone’s civil rights, tion with the UN’s International Indigenous challenges of life in a highly sophisticated regardless of gender and sexual orientation. Forum, Elizabeth became director of the world. That would heighten frustration and The Human Rights Campaign has shown its Peace and Justice Center, helping those can lead to more crime. ability to unite diverse communities to strive, Sonoma County residents who are victims of Bringing back hanging isn’t going to solve our Nation’s most challenging conflicts. anything. The death penalty has never been lobby and fight for equality for all people. an effective deterrent to curb crime. Madam Speaker and colleagues, please join In Santa Rosa, for example, Elizabeth has The international community must con- me in recognizing the Human Rights Cam- mediated inter-gang disputes while leading sider rising crime in developing countries as paign, a leader in promoting the rights of all campaigns to end escalating local violence. In a global issue that requires financial and people and as an important force in empow- 2002, recognizing the need to provide youth other resources. The poorer states too must ering and inspiring people and communities with nonviolent choices, she founded the High join hands to tackle the problem. nation wide. School Outreach Peace Education, or HOPE, Jamaica, Trinidad and Tobago and Bar- f project to educate them about their rights as bados are acting wisely in strengthening students, their rights regarding the military, their coast guard and other security forces HONORING JERRY HERRIN and service learning and internship opportuni- to ‘‘choke the influx of drugs, and guns,’’ RETIREMENT recognizing that success in a few countries ties. would simply mean the narcotics merchants In addition, through Elizabeth’s coordination would find another route to ply their trade. HON. KENNY MARCHANT with courts in three counties, the Peace and f OF TEXAS Justice Center was established as an author- IN THE HOUSE OF REPRESENTATIVES ized diversion program provider for convicted HONORING PAUL THOMAS MORGAN and at-risk teens and young adults. Monday, March 31, 2008 Under her direction, the Peace and Justice HON. SAM GRAVES Mr. MARCHANT. Madam Speaker, I rise Center has also gained national attention for OF MISSOURI today to honor Jerry Herrin on the occasion of supporting troops who need a military separa- IN THE HOUSE OF REPRESENTATIVES his retirement as President and Chief Execu- tion for reasons such as untreated combat-re- tive Officer of the Grapevine Chamber of lated trauma, repeated deployments, recruiter Monday, March 31, 2008 Commerce. misrepresentations, and other compelling Mr. GRAVES. Madam Speaker, I proudly Jerry Herrin was born in Arp, Texas in 1939. mental and physical issues. Since the begin- pause to recognize Paul Thomas Morgan of Mr. Herrin graduated from Arp High School ning of the occupation of Iraq 5 years ago, Lee’s Summit, Missouri. Paul is a very special and attended the University of Texas in Aus- Elizabeth and her team of volunteers at the

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.029 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E451 center have successfully negotiated 850 ad- powerhouse. In addition, Howe was a six-time CDR George Sherwood is not only one of ministrative discharges. NHL Most Valuable Player and winner of the those fine men and women in uniform, but Elizabeth’s work continues to have national scoring title, and was the career leader in also my brother. My family and I are im- effect as she provides counseling support to games played, goals, assists, and points. In mensely proud of him. And, we thank him for troops testifying at the Winter Soldier hearings 1973, when his sons Marty and Mark joined his tireless dedication to our Nation. in D.C. At an upcoming GI national retreat, the Houston Aeros of the World Hockey Asso- f she will conduct training on post-traumatic ciation, they convinced Gordie to fulfill his stress for hotline counselors. dream of playing on the professional level with IN RECOGNITION OF THE JEWISH Aside from her lifelong international work for them. After the WHA folded in 1979, Howe FUND human rights, Elizabeth is mother to three joined the Hartford Whalers of the NHL for adult children and Sanctuary Mom to five, one final season, helping the team make the HON. JOE KNOLLENBERG whose father was executed by death squads playoffs. In 1997, Howe accomplished the last OF MICHIGAN after helping to found El Salvador’s Human milestone in his storied career when he played IN THE HOUSE OF REPRESENTATIVES Rights Commission. professional hockey in a sixth decade. Playing Monday, March 31, 2008 Madam Speaker, Elizabeth’s commitment to a shift with the Detroit Vipers of the Inter- the rights of the vulnerable has rightly earned national Hockey League at nearly 70 years Mr. KNOLLENBERG. Madam Speaker, I her the 2008 Jack Green Civil Liberties Award. old, Howe was greeted by a thundering ova- rise today to recognize the Jewish Fund, a I am honored to have Elizabeth Stinson as my tion. charitable organization in Bloomfield Hills, constituent. I commend her for her work and Along with his many achievements on the Michigan. for the well-deserved award being bestowed ice, Howe and his wife Colleen are dedicated Sinai Hospital began as a clinic opened by on her by the ACLU of Sonoma County. to the children of their community and around Dr. Harry Saltzstein in 1922. In January, 1953, f the world. The Howe Foundation, which they Sinai Hospital opened their doors to give Jew- founded in 1993, is dedicated to enriching the ish health care professionals a place to prac- IN RECOGNITION OF MR. GORDON lives of those in need. tice and as a central institution for the Jewish HOWE Madam Speaker, I rise today to recognize a community. It was the realization of a dream fine neighbor, a true Michigan fixture, and the for Detroit’s Jewish community. From there the HON. JOE KNOLLENBERG man who made Detroit ‘‘Hockeytown,’’ the hospital grew into one of Detroit’s top health OF MICHIGAN greatest sports city in the world. I wish him a care institutions. happy and healthy birthday, and wish him IN THE HOUSE OF REPRESENTATIVES In 1997, when the Detroit Medical Center many more to come. purchased Sinai Hospital, it was not the end of Monday, March 31, 2008 f that dream, but rather a transformation into Mr. KNOLLENBERG. Madam Speaker, I IN HONOR OF THE RETIREMENT another institution of excellence. Established rise today to recognize a living legend in De- OF COMMANDER GEORGE SHER- with the proceeds from the sale, the Jewish troit ice hockey, Mr. Gordon ‘‘Gordie’’ Howe, WOOD Fund is an organization designed to perpet- as he celebrates his 80th birthday today. uate the Sinai dream through stewardship and Mr. Hockey, as Howe is universally recog- innovation. The Fund continues the tradition of nized for his greatness on the ice, sprang from HON. MICHELE BACHMANN assuring excellent and compassionate care for OF MINNESOTA humble beginnings. Born in Floral, Saskatch- those in need. IN THE HOUSE OF REPRESENTATIVES ewan, Canada, in the midst of the Great De- The Fund, recognizing the diverse popu- pression, Howe, who was the fifth of nine chil- Monday, March 31, 2008 lation in Detroit, serves as a resource for the dren, grew up in poverty and was often sick Mrs. BACHMANN. Madam Speaker, I rise entire community, whether supporting the pub- due to poor nutrition. A significant milestone in today to pay tribute to one of the many un- lic health needs or fostering stronger relations Howe’s life came at the tender age of 5, when sung heroes of our Nation’s history, CDR with the city. Their role today is vital to many his mother purchased some used belongings George Sherwood, who will soon retire from health care initiatives. They have provided from a neighbor, which included his first pair an honorable career with the United States over $35 million in grants for health care over of skates. Navy. the last 10 years, including $600,000 in grants Howe immersed himself in hockey, day in Commander Sherwood was designated a for the Jewish Hospice and Chaplaincy Net- and day out, using anything he could find, be Naval Aviator in 1985, following graduation work this year alone. it a puck, a tennis ball, or even clumps of dirt. from the University of Kansas and completion Madam Speaker, I am proud to recognize While he didn’t make the local youth hockey of flight training in Pensacola, FL, and Corpus the achievements and service of the Jewish team, Howe didn’t let this discourage him, and Christi, TX. He served in a number of naval air Fund. Their contributions to Detroit and the worked hard to develop into an excellent skat- deployments over the next 12 years in Cali- metropolitan area are too great to enumerate, er. During summers, Howe would work with fornia, Texas, Japan, Puerto Rico, Panama, and I wish them many years of continued suc- his father at construction sites where the work Iceland, and Sicily. He served in a variety of cess. helped him develop the exceptional strength leadership positions, including Plane Com- f that would give him one of the hardest shots mander, Mission Commander, Instructor Pilot, in hockey. By the time he was 15, Howe was Tactics Officer, Training Officer, and Mainte- IN HONOR OF THE NEWLY ELECT- already an imposing 6 feet tall and 200 nance Officer. ED PRESIDENT OF TAIWAN, DR. pounds. In 1998, Commander Sherwood reported to MA YING-JEOU In 1943, Howe was invited by the New York the Bureau of Naval Personnel in Arlington, Rangers for a tryout. Howe failed to make the VA. He continued his personnel role as Offi- HON. KENNY MARCHANT team, but despite this rejection, he was invited cer-in-Charge in Dallas, TX. And, Commander OF TEXAS to try out for the Detroit Red Wings, where he Sherwood has spent the final stage of his ca- IN THE HOUSE OF REPRESENTATIVES impressed the coach and general manager reer as the Naval Attache´ with the U.S. Em- Monday, March 31, 2008 Jack Adams. In 1946, at the age of 18, Howe bassy in Baku, Azerbaijan. He has received made his National Hockey League debut play- two Meritorious Service Medals, an Air Medal, Mr. MARCHANT. Madam Speaker, I join my ing right wing for the Detroit Red Wings. He three Navy Commendation Medals, four Navy congressional colleagues in congratulating Dr. quickly established himself as a great goal Achievement Medals, and multiple campaign Ma Ying-jeou on his victory in Taiwan’s recent scorer, a gifted playmaker, and a dominating and unit awards. Presidential election. The election was con- physical presence on the ice. Using his Commander Sherwood is one of many men ducted with fairness and is free of any con- strength and talent, Howe was able to domi- and women who have spent their lives in serv- troversy. nate the opposition throughout a career that ice to their Nation. They do so for love of I wish Dr. Ma every success as he leads spanned 5 decades, a feat unmatched by any country and out of a true sense of commit- Taiwan forward in a period filled with many athlete in any sport. ment to the principles of freedom for which challenges but also filled with many opportuni- By the time Howe retired from the Red America stands. They do so without fanfare ties for Taiwan to prosper and achieve even Wings in 1971, he had led them to four Stan- and without expectation of gratitude. But, our greater success. I look forward to continuing ley Cup championships, seven first place fin- limitless gratitude is, indeed, what they de- to grow our relationship with Taiwan under the ishes, and established the team as a perennial serve. leadership of the newly elected President Ma.

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.030 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E452 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 The people of Taiwan have every reason to missed in Lake Village, Chicot County, and Mrs. Kathy Jo Reinsmith all the best in her fu- be proud of what they have achieved. In only throughout southeast Arkansas, and I am truly ture endeavors as she continues to serve the 12 years Taiwan has made a peaceful and saddened by this loss. Chambersburg County School District as a de- successful transition to democracy and has f voted teacher. I am sure she will continue to become one of Asia’s most impressive and in- do great things for the community and I thank spiring new democracies. In those 12 years IN RECOGNITION OF MRS. KATHY her for her dedication and service. JO MCMILLION REINSMITH Taiwan has completed four Presidential elec- f tions with close and spirited campaigns. TAYLORSVILLE VFW AUXILIARY As an American legislator, I look on the HON. BILL SHUSTER AND TAYLOR KING SUPPORT DE- achievements of the people of Taiwan with ad- OF PENNSYLVANIA PLOYED TROOPS miration. The Taiwanese record is a model to IN THE HOUSE OF REPRESENTATIVES the many other countries of the world of what Monday, March 31, 2008 can be accomplished by a transition to a freely HON. VIRGINIA FOXX elected democratic government. My sincere Mr. SHUSTER. Madam Speaker, I rise OF NORTH CAROLINA congratulations to Dr. Ma on his election and today to recognize the accomplishments and IN THE HOUSE OF REPRESENTATIVES to the people of Taiwan for their participation dedication of the current President of the De- Monday, March 31, 2008 in the election process. partment of Pennsylvania’s Ladies Auxiliary to the Veterans of Foreign Wars, Mrs. Kathy Jo Ms. FOXX. Madam Speaker, I rise today in f honor of a group of true American patriots. McMillion Reinsmith. Mrs. Reinsmith will be This past Christmas a group of citizens in Al- IN MEMORY OF JUDGE FRED recognized for her service at the Veterans of exander County, North Carolina worked hard ZIEMAN Foreign Wars’ Testimonial Dinner on April 12. to communicate to our men and women sta- Over the past decade Kathy Reinsmith has tioned overseas that they are in our prayers worked consistently to increase the value of HON. MIKE ROSS and on our minds. the community in which she has lived. Not OF ARKANSAS A civic-minded band of women in the Vet- only has Mrs. Reinsmith served four terms as IN THE HOUSE OF REPRESENTATIVES erans of Foreign Wars Auxiliary from the rural President, four terms as Sr. Vice President, Monday, March 31, 2008 community of Hiddenite worked together to and one term as Jr. Vice President of her Aux- rally their community to send care packages to Mr. ROSS. Madam Speaker, I rise today to iliary, she is now serving her second year as local armed forces members stationed abroad honor the memory of my dear friend, Chicot Trustee. As President of the Department of during Christmas. The sacrifice of military County Judge Fred Zieman of Lake Village, Pennsylvania’s Ladies Auxiliary to the Vet- service during Christmas is often overlooked Arkansas, who passed away March 18, 2008, erans of Foreign Wars, Mrs. Reinsmith has during a time when many of our brave military at the age of 69. made it her mission to travel throughout the men and women are stationed abroad, making I will forever remember Judge Zieman as a State of Pennsylvania and the United States, this effort all the more meaningful to the sol- devoted family man and someone who cared inspecting auxiliaries and attending a variety diers they aided. deeply about improving the quality of life in of functions in order to reach out to those Thanks to the selfless work of Margaret southeast Arkansas. This dedication to make around her. She has dedicated her time and Milsap, Mary Lasky and Jeanette Stevenson, his community and Chicot County a better energy not only to helping veterans in need, which was spearheaded by Mary Matthews, place to live was evident throughout his tenure but also to students at Chambersburg High more than 80 care packages were sent to 30 as Chicot County Judge. School where she has constantly served as a deployed soldiers during this past Christmas. As a native son of Arkansas’s Delta region, teacher. Currently, Mrs. Reinsmith serves as a Taylor King furniture, a Taylorsville business, farming was in Judge Zieman’s blood. He Life Member for both the Durff-Kuhn VFW La- generously footed the entire bill for the mailing began his career as an agriculture pilot in dies Auxiliary and the Scotland School for Vet- of the 80-plus packages. Lake Village before becoming a commercial erans Children and the VFW National Home Together, the VFW auxiliary and Taylor King airline pilot in Texas. Upon retirement in 1980, for Children. Her commitment to her commu- provided a slice of home to 30 soldiers serving he returned home to Lake Village and pursued nity has been exhibited through her involve- in foreign countries during Christmas. I hope his true passion in agriculture. ment with several organizations, many of their example of citizenship and patriotism dur- Judge Zieman was later successfully elect- which she has chaired, including the Voice of ing uncertain times serves to inspire many ed to serve three terms as Chicot County Democracy, Buddy Poppy Jr. Girls, and the more Americans to show their support for our Judge when he decided to try retirement for a Patriots Pen Program. troops who fight for freedom every day. second time. However, his devotion to south- Through these prominent positions Mrs. f east Arkansas quickly led him back to public Reinsmith has volunteered much of her time service, and 4 years later later he was again to fundraising for the local community. One of RECOGNITION OF GLOBAL CHILD elected to serve as County Judge—a position her most memorable accomplishments is her NUTRITION MONTH he honorably held until his passing. dedication to the Food Stand at the Aside from his stalwart leadership and devo- Shippensburg Community Fair. She spent a HON. JAMES P. McGOVERN tion to Chicot County, Judge Zieman actively multitude of hours working with those in the OF MASSACHUSETTS contributed his time and hard work to numer- community to make the Fair a positive experi- IN THE HOUSE OF REPRESENTATIVES ous other endeavors to benefit the Delta re- ence for all. Mrs. Reinsmith’s passion and Monday, March 31, 2008 gion. The Delta was immensely important to hard work have not gone unnoticed. During Mr. MCGOVERN. Madam Speaker, I rise Judge Zieman, and this was apparent in his her first term as District 18 President in 1999, today in recognition of the School Nutrition As- service as a state vice-president of the Mis- she received the Outstanding District Presi- sociation, SNA, and the Global Child Nutrition sissippi Valley Flood Control Association, as a dent Medallion. While serving her second term Foundation, GCNF naming April as Global member of the Delta Grassroots Caucus, and as President of District 18, she received the Child Nutrition Month. in the Southeast Arkansas Economic Develop- Nation ‘‘Remembrance’’ Plate for the Legisla- As part of this recognition, school nutrition ment District Inc., where he contributed fresh tive Program as well as the Outstanding De- professionals are encouraged to take 1 day, 1 ideas and developed new initiatives to make partment Chairman Medallion. Mrs. Reinsmith week, or all month to partner with students our beloved State a better place to live. was also recognized for her service to the and teachers in an effort to raise awareness Judge Fred Zieman will forever be remem- community and was given the National ‘‘Ev- about the ravages of hunger among children bered for his steadfast devotion to the people eryone Achieves Magic’’ Plate. around the globe and here in the United of southeast Arkansas. Above all, he will sore- As she reflects upon her work as President States. ly be missed as a friend. I extend my deepest of the Ladies Auxiliary, Mrs. Reinsmith can be Hunger is a political condition. We have the condolences to his wife, Patricia Zieman; his proud of her life of service with which she has means to end hunger here in the U.S. and two sons, Mike Zieman of Monticello, Arkan- found a great amount of success. I look for- around the world—we just haven’t mustered sas, and Sam Zieman of Spring, Texas; his ward to celebrating the contributions and ac- the political will to do so. This observance is daughter, Charlotte Yandell of Spring, Texas; complishments of such a dedicated individual. an opportunity to raise awareness about the his sister, Jan Hellmers of Lake Village, Ar- Her involvement has brought a greater appre- solutions to global hunger and poverty and, ul- kansas; and to his seven grandchildren and ciation to our area and has surely been an timately, to help build momentum in the fight countless friends. Fred Zieman will be greatly asset to the community. I would like to wish to end the scourge of hunger.

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.034 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E453 At any given moment, as many as 300 mil- the economic, political, cultural and social life Appeals of Maryland; Traci A. Barnett, Girl lion of the world’s children are trapped in the of the State, and to provide visible models of Scouts of Central Maryland; Buffy Beaudoin- grinding cycle of poverty and hunger. Imagine achievement for tomorrow’s female leaders. Schwartz, Association of Baltimore Area trying to learn, grow and succeed while strug- This year, Dean Rothenberg is being hon- Grantmakers; Cathy S. Bernard, CSB Man- gling with hunger. ored by the Daily Record as Maryland’s Top agement Corporation; Dr. Meredith Bond, Uni- For some children, hunger may be offset by 100 Women. Dean Rothenberg has dem- versity of Maryland Baltimore School of Medi- healthy school meals. For others, especially in onstrated leadership and scholarship in her cine; Annie L. Burton-Byrd, The Signature developing nations, hunger is acute—it is lit- role at the University of Maryland Law School, Group, LLC; Ellen A. Callegary, Callegary & eral starvation. It is a contributor to disease and in her field. She graduated as part of the Steedman, PA; Wanda G. Caporaletti, Law Of- and early death. According to the United Na- first class of women at Princeton University. fice of Wanda G. Caporaletti; Diane Lillibridge tions, hunger and malnutrition take the lives of She has served as a member of the Institute Caslow, MedStar Health; Marie A. Cavallaro, 18,000 kids every single day. of Medicine’s Committee on Legal and Ethical Cavallaro Cleary Visual Art Foundation; Rev. Although we may not be able to resolve all Issues Relating to the Inclusion of Women in Mary W. Conaway, Register of Wills for Balti- sorts of natural and political forces, we do Clinical Studies, on numerous NIH panels on more City; Patricia E. Cornish, PEC Financial know that nurturing and educating a child is prenatal care, the recruitment and retention of Consulting; Dr. P. Ann Cotten, University of the single most effective means of breaking women in clinical studies, and the ethical, Baltimore Schaefer Center for Public Policy. the cycle of poverty. legal and social implications of genetics. I Diane D’Aiutolo Collins, Tydings & Rosen- According to the World Food Program, 130 have had the privilege to work with Dean berg, LLP; Janine M. DiPaula Stevens, Vircity; million children do not attend school; and Rothenberg this year on an effort to bring Anna M. Dopkin, T. Rowe Price Associates; among those who do, most do not receive more lawyers into public service. This is an Councilmember Valerie Ervin, Montgomery meals during school hours. A hungry child area in which she has been recognized on nu- County Council; Carolyn Wilson Evans, cannot learn or thrive; a society whose chil- merous occasions for her efforts. She has es- Sengstacke & Evans, LLC; Margaret (Meg) Z. dren live in hunger will never prosper. tablished loan repayment programs, grant op- Ferguson, Baltimore County Executive Office; The Global Child Nutrition Foundation was portunities and scholarships for law school Jodi Finkelstein, Domestic Violence Center of created in 2006 with the mission of expanding graduates that wish to pursue careers in pub- Howard County; Ellen R. Fish, Towson Com- opportunities for the world’s children to receive lic service, and they in turn have enriched our munity Bank, a div. of AmericasBANK; Mary adequate nutrition for learning and achieving community. She has worked with students to Ellen Flynn, Andalman & Flynn, PC; Taylor L. their potential. provide volunteer relief in New Orleans, and Foss, LifeBridge Health; Commissioner Jan H. This observance is also an opportunity to has facilitated opportunities for students to Gardner, Frederick County Government; San- raise awareness about the solutions to global pursue public interest studies abroad. This is dra N. Harriman, University of Maryland hunger and poverty. only the tip of the iceberg. School of Medicine; Carrie Harris-Muller, Kai- GCNF President and SNA Past President In addition to having been the first woman ser Foundation Health Plan of the Mid-Atlantic Gene White, a certified school nutrition spe- elected to serve as Mayor of Baltimore City, States, Inc. cialist, said it best—‘‘By combining our will and Sheila Dixon has spent more than 20 years in Dr. Elizabeth A. Hunt, Johns Hopkins Uni- resources, hunger will no longer set bound- public office, dedicating her career to improv- versity School of Medicine; Sara T. Jacoby, aries for learning and achievement. Freeing ing the lives of women, children and minori- The Legacy Group, Inc.; Deborah E. Jennings, children from hunger so they may become ties. She has worked tirelessly on public DLA Piper U.S., LLP; Senator Verna L. Jones, self-supporting, contributing citizens is a wor- health issues, and brings a wealth of experi- State of Maryland; Leronia A. Josey, Law Of- thy endeavor. It is also a step toward building ence and insight into business development in fice of Leronia Josey; Pamela J. King, Open a more stable and peaceful world.’’ the city. Society Institute-Baltimore; Julie Lenzer Kirk, Madam Speaker, as someone who is com- Among her numerous awards and honors, Path Forward International; Marcy K. Kolodny, mitted to ending hunger once and for all, I Mayor Dixon was recently admitted to the Dyslexia Tutoring Program; Treasurer Nancy thank and commend the School Nutrition As- Daily Record’s Circle of Excellence for her K. Kopp, State of Maryland; Jennifer Kozak, J sociation and the Global Child Nutrition Foun- third selection as one of ‘‘Maryland’s Top 100 Kozak Creative; Senator Rona E. Kramer, dation for naming April as Global Child Nutri- Women.’’ She serves on numerous boards, in- State of Maryland; Judge Sherrie L. Krauser, tion Month. cluding the Institute of Human Virology, the Circuit Court for Prince George’s County; Dr. It is my hope that all of us can work to be Transplant Resource Center, the Urban Health Martha Joynt Kumar, Towson University. part of the solution as we raise awareness in Initiative, the Baltimore Public Markets Cor- Judge Theresa A. Lawler, Orphan’s Court eradicating hunger. poration, the Living Classrooms Foundation, for Baltimore County; Linda Thater Layton, At- f and the Walters Art Gallery. torney at Law; Cynthia L. Leppert, Neuberger, This year Mayor Dixon launched the Quinn, Gielen, Rubin & Gibber, PA; Eileen M. WOMEN’S HISTORY STATEMENT YouthWorks campaign, which brings together Levitt, The HR Team, Inc.; Dr. Leslie D. 2008 businesses, community organizations, founda- Mancuso, JHPIEGO; Sister Patricia McCarron, tions and city and State agencies in an effort SSND, Notre Dame Preparatory School; An- HON. JOHN P. SARBANES to engage Baltimore youth in meaningful sum- nette Merz, LENPEX, LLC; Bonnae J. OF MARYLAND mer activities. She is strongly committed to ac- Meshulam, Junior Achievement of Central IN THE HOUSE OF REPRESENTATIVES complishing the goal of ensuring that any Bal- Maryland, Inc.; Dr. Redonda G. Miller, Johns timore youth who wants a summer job can Hopkins Hospital and School of Medicine; Monday, March 31, 2008 have one. This program will not only benefit Elise Davison Morris, Whiteford, Taylor & Mr. SARBANES. Madam Speaker, I rise youth by providing valuable work experience, Preston, LLP; Paula T. Morris, Kids of Honor; today in recognition of Women’s History it will also provide businesses with talented Nhora Barrera Murphy, The Media Network; Month. Though we have designated March as and motivated workers. Alice Neily Mutch, Capital Consultants, the particular month for this celebration, every Though I have not had the privilege of work- BaySmart Gardening, LLC. day could rightly be designated to honor the ing with all of the following women, I would Myra W. Norton, Community Analytics; Syl- contributions of women to our society. On this also like to take this opportunity to highlight via Ontaneda-Bernales, Ober Kaler Grimes & occasion I would like to highlight the achieve- Maryland’s Top 100 Women for 2008 as hon- Shriver; Beth Pepper, Law Firm of Beth Pep- ments of two women who through their work ored by the Daily Record: per; Trudy E. Perkins, Office of U.S. Rep- have deeply impacted Maryland’s Third District Judge Theresa M. Adams, Circuit Court for resentative Elijah E. Cummings; Beth S. Perl- and our State as a whole. Frederick County; Dr. Susan C. Aldridge, Uni- man, Constellation Energy; Liz Pettengill, Just this past year Karen Rothenberg, Dean versity of Maryland University College; Dr. Greater Baltimore Committee; Bonnie Lamdin of the University of Maryland Law School, was Janet D. Allan, University of Maryland School Phipps, St. Agnes HealthCare; Barbara Port- inducted into the Maryland Women’s Hall of of Nursing; Dr. Sharon D. Allison-Ottey, The noy, PLDA Interiors; Randi Alper Pupkin, Art Fame. The Maryland Women’s Hall of Fame COSHAR Foundation; Judge Nancy V. Alquist, with a Heart, Inc.; Stephanie L. Reel, Johns was established through the efforts of the United States Bankruptcy Court; Rev. Dr. Hopkins University and Johns Hopkins Health Maryland Commission for Women and the China M. Ashe, Hope Ministries; Judge Vicki System; Dr. Donna L. Reihl, The Community Women Legislators of Maryland in 1985. Its Ballou-Watts, Circuit Court for Baltimore Coun- College of Baltimore County; Juliette Rizzo, purpose is to honor Maryland women who ty; Lisa R. Bands, My Cleaning Service, Inc.; U.S. Department of Education; Dr. Marcella L. have made unique and lasting contributions to Judge Mary Ellen Barbera, Court of Special Roenneburg, Mercy Medical Center.

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A31MR8.038 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E454 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 Karen H. Rothenberg, University of Mary- The announcement states that when, ‘‘ef- Reach Me! land School of Law; Dr. Lisa Rowen, Univer- forts were underway to upgrade Michigan’s As you Reach in and out to Me! With your sity of Maryland Medical Center; Dr. Cynda seat belt law from a secondary to a primary heart which so swells! law, GM led the collaborative efforts,’’ to sup- As your most splendid heart to me, so all Hylton Rushton, Johns Hopkins University and about life . . . so tells! Children’s Center; Hannah Sassoon, Mont- port it. I am pleased to note that as a result of this upgraded law Michigan has one of the All about courage and faith! gomery County Office of the Sheriff; Judge All about not letting pain and heartache, get Katherine D. Savage, Circuit Court for Mont- highest State belt use rates in the Nation at 94 in your way . . . and not letting go, or gomery County; Lynne C. Schaefer, University percent. your soul erase! of Maryland, Baltimore County; Rosa M. Among the other specific activities for which All about courage’s, most courageous face! Scharf, Howard Bank; Mary Fulton Shock, Phi- GM is being recognized is its Safe Kids Buck- Let me learn! lanthropist; J. Patricia Wilson Smoot, Prince le Up partnership with Safe Kids Worldwide. As from you, and all of your character I can George’s County Office of the State’s Attor- Under this program, child safety seats are so discern! ney; Felicita Sola-Carter, Social Security Ad- checked by trained experts for proper installa- All about life . . . and all about what is pos- ministration; Yolanda F. Sonnier, Randall & tion; safety seats are provided to families in sible, when within a great heart a soul Sonnier, LLC; Sally L. Sternbach, Rockville need; and education is provided to help as- so burns! Economic Development, Inc.; Ferrier R. sure that children are not left alone in vehicles So I can grow! Stillman, Tydings & Rosenberg, LLP. and they are not allowed to play in trunks. So I can learn, so throughout my life I can so Karen D. Stokes, Greater Homewood Com- Further, adults learn to walk around a parked use and learn . . . of what a heart is ca- pable of so! munity Corporation; Anita H. Thomas, Univer- vehicle to check for children before they start As your blessings to me you now so bestow, sity of Baltimore; Dr. Rosemary M. Thomas, the engine and children are taught that it is ever in these moments of my life . . . I Salisbury University; Suzanne C. Thompson, never safe to play in driveways, parking lots or will know! Heritage Financial Consultants, LLC, Ad- on sidewalks when vehicles are nearby. Which, can so show me . . . that path! vanced Benefit Solutions, Inc.; Margaret There are 25 Safe Kids coalitions and chap- Which, can so show me the way . . . which Witherup Tindall, Gordon, Feinblatt, Rothman, ters in Michigan, and, over the last 10 years can so teach me all about the things Hoffberger & Hollander, LLC; Marlene under the GM-Safe Kids program, approxi- which last . . . Trestman, Office of the Attorney General; mately 45,000 child safety seats in the State As I watch you and your most heroic glow! Jenny J. Trostel, Saab of Baltimore; Judith have been inspected and another 13,500 have The questions to my heart you so an- Vaughan-Prather, Montgomery County Com- been provided to families in need free of swer, I ask? mission for Women; Laura Neuman Volkman, charge. In addition, several permanent child For you have touched me, with your most Springboard Enterprises; Stephanie T. Willey, seat inspection stations have been set up, run heroic glow! by Safe Kids, and four mobile car seat check- For you have so taught to me, all that it is Comcast Spotlight; Deborah Smith Williams, . . . that I so need to know! M&T Bank; Jeanne M. Yeager, Mid-Shore up vans donated by GM are operating in the So I can touch the sky, so I can so soar so Council on Family Violence; Terry Slade State. very high . . . a part of you, I will take Young, The Maryland Zoo in Baltimore; and Madam Speaker, I have had the opportunity with me I’ll show! Gina Monath Zawitoski, DLA Piper U.S., LLP. to witness the work of Safe Kids Flint, which For on this Earth . . . I salute these women as examples of the is part of the Hurley Medical Center. The dedi- Our Lord God so puts on such men and many others who have made, and continue to cated men and women who work at these women of such fine worth . . . make our country great. events volunteer a significant amount of their To Teach Us All, to so hear his call . . . to make us all understand, of what it is f time and talent to assure that children are riding safely in vehicles, and they provide very which comes first! HONORING GENERAL MOTORS FOR valuable information to parents. Safe Kids Flint Everybody loves Raymond, You Teach Me WINNING RICHARD H. AUSTIN has reported that 19 lives have been saved . . . Teach Me So! LONG-TERM TRAFFIC SAFETY after families who attended one of the organi- AWARD zation’s events were involved in crashes. f I am pleased to join in congratulating Gen- PERSONAL EXPLANATION HON. DALE E. KILDEE eral Motors for this recognition of its excep- OF MICHIGAN tional corporate citizenship in working to pro- IN THE HOUSE OF REPRESENTATIVES tect the citizens of Michigan through the Safe HON. LYNN C. WOOLSEY Kids partnership and many other safety activi- OF CALIFORNIA Monday, March 31, 2008 ties. Mr. KILDEE. Madam Speaker, earlier this f IN THE HOUSE OF REPRESENTATIVES month, the Michigan Governor’s Traffic Safety Monday, March 31, 2008 Advisory Commission announced that the HONORING RAYMOND D. General Motors Corporation will receive the HENNAGIR FOR HIS BRAVERY Ms. WOOLSEY. Madam Speaker, on March Richard H. Austin Long-Term Traffic Safety AND SERVICE TO THE UNITED 14, 2008, I was unavoidably detained and was Award, ‘‘for being a corporate and auto indus- STATES OF AMERICA not able to record my votes for Rollcall No. try leader in promoting traffic safety issues,’’ in 143–146. the State and nationally. The award was pre- HON. ROBERT E. ANDREWS Had I been present I would have voted: sented at the group’s annual awards luncheon OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Rollcall No. 143—Yes—Providing for the on March 13, 2008, in East Lansing, Michigan. consideration of the Senate amendment to the This prestigious award is named after a true Monday, March 31, 2008 bill (H.R. 3773) to amend the Foreign Intel- leader in traffic safety, the late Richard H. Mr. ANDREWS. Madam Speaker, I rise to ligence Surveillance Act of 1978 to establish a Austin, who served as Michigan Secretary of honor Corporal Raymond D. Hennagir of Dept- procedure for authorizing certain acquisitions State from 1971 to 1994. Secretary Austin, ford, New Jersey. Corporal Hennagir was in- of foreign intelligence, and for other purposes. who was known as, ‘‘Mr. Traffic Safety,’’ was jured while on foot patrol in Zaidon, Iraq. He a pioneer in promoting passage of State seat Rollcall No. 144—Yes—Providing for the stepped on an improvised explosive device, consideration of the Senate amendment to the belt use laws and in promoting measures for losing both of his legs and four fingers on his child passenger safety, drunken driving pre- bill (H.R. 3773) to amend the Foreign Intel- left hand. The bravery of this man is truly in- ligence Surveillance Act of 1978 to establish a vention, and motorcycle safety. spiring. Out of respect and gratitude for the The commission’s announcement notes that procedure for authorizing certain acquisitions great service Corporal Hennagir has given his of foreign intelligence, and for other purposes. GM, ‘‘has made significant contributions in ad- country, I submit this poem written in his Rollcall No. 145—Yes—To amend the For- dressing key traffic safety concerns including honor by Albert Carey Caswell. eign Intelligence Surveillance Act of 1978 to safety belt use, child passenger safety in and TEACH ME around vehicles and drunk driving through establish a procedure for authorizing certain Teach Me! acquisitions of foreign intelligence, and for partnerships and collaboration, advocacy, fi- Teach me well! nancial support and voluntary time commit- You so beseech me. As you so gallantly look other purposes. ments to traffic safety organizations by com- past all of your pain and heartache, all Rollcall No. 146—Yes—On Approving the pany executives and employees.’’ of your hell! Journal.

VerDate Aug 31 2005 04:43 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A31MR8.041 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E455 RECOGNIZING OFFICER PAUL HONORING THE LIFE OF MS. FRAN Lions Club. a truly outstanding organization JUSTIN COFFEE TONEY that has served Annandale. Virginia for 60 years. HON. THADDEUS G. McCOTTER Throughout its history. the Annandale Lions HON. KENNY MARCHANT OF MICHIGAN Club has embraced the Lions’ philosophy of IN THE HOUSE OF REPRESENTATIVES OF TEXAS ‘‘We Serve,’’ and all residents of Annandale— Monday, March 31, 2008 IN THE HOUSE OF REPRESENTATIVES young and old—owe them a debt of gratitude. Mr. MCCOTTER. Madam Speaker, today I To date, the club has raised over $1,000.000 Monday, March 31, 2008 rise to honor and acknowledge Ms. Fran and has dedicated innumerable hours toward Toney, Executive Director of the Plymouth making their community a better place to live. Mr. MARCHANT. Madam Speaker, I rise Community Chamber of Commerce, upon her today to recognize and congratulate Officer retirement from seventeen years of dutiful Thanks to the Lions, there is playground Paul Justin Coffee for being named the 2007 service. equipment at Annandale Elementary School. Police Officer of the Year by the Euless Police Fran Toney is a woman who has always Thanks to the Lions, Fairfax hospital got its Department. loved Plymouth, Michigan. Fran has focused first maternity ward. Thanks to the Lions, there the past seventeen years of her career on get- Officer Justin Coffee has been with the Eu- are bleachers and lights at the Annandale ting others to love it too. As executive director, High School athletic fields. less Police Department since March 2005. Ms. Toney encouraged members of her com- Prior to serving and protecting the Euless munity to invest in local businesses and the As Annandale evolved from small rural town community, Officer Coffee was a police officer community. Under her venerable tenure, the to bustling suburb, the Lions have been there in Bedford, Texas for seven years. He holds Plymouth Community Chamber of Commerce to help keep up with change. They marked an Advanced Peace Officer certification from has nearly doubled its size from 400 to 700 streets, numbered houses and mapped their the great state of Texas. committed members. Ms. Toney initiated more community to help firefighters respond to than 42 new programs which continue to emergencies and facilitate mail delivery. As Officer Justin Coffee, a native Texan, grad- make the Plymouth area a prosperous and uated from L.D. Bell High School and attended the number of children in the area grew, they proud part of Michigan. From Scarecrows in helped provide wholesome activities by spon- Tarrant County College. His father is a police Kellogg Park to the annual Auction Fundraiser, soring Scout troops and baseball teams. They sergeant in Hurst, Texas and his brother is a Fran Toney has made the Plymouth Commu- police officer in Bedford, Texas. Officer Coffee nity Chamber of Commerce a point of pride for constructed the children’s playhouse at the is married to Sarah and they have three chil- our community and the entire state of Michi- Annandale Christian Community for Action’s dren. gan. (ACCA) day care center, and have sponsored Madam Speaker, for seventeen years Ms. local youths for the Virginia Boys and Girls During Officer Coffee’s distinguished career Fran Toney has faithfully served the Plymouth State summer leadership and citizenship pro- in the Euless Police Department, he has re- community and its citizens. As she enters the grams. ceived seven commendations, was nominated next phase of her life, she leaves behind a for the 2006 Rookie of the Year, and was se- legacy of dedication, vibrancy, and fellowship. The Annandale Lions, like Lions every- lected as one of six Field Training Officers for Today, I ask my colleagues to join me in con- where, also do a great deal for those with spe- the department. He consistently maintains a gratulating Ms. Fran Toney upon her retire- cial physical needs, particularly those with vi- high level of competency and has gained ment and recognizing her years of loyal serv- sion and hearing impairments. They support much respect among his fellow police officers. ice to our community, state and country. sight and hearing screenings and research, f and have offered financial assistance to the It is with great honor that I recognize Officer Virginia Lions Eye Institute. Paul Justin Coffee for his dedication and out- HONORING THE 60TH ANNIVER- standing service to the Euless Police Depart- SARY OF THE ANNANDALE Madam Speaker, I know my colleagues join ment and the City of Euless, Texas. I applaud LIONS CLUB me in thanking each and every Annandale his numerous achievements and wish him Lion for their hard work and dedication to continued success in his service. I am proud HON. TOM DAVIS helping others in making Annandale a great to represent Officer Coffee in the 24th District OF VIRGINIA place to live. I am proud to honor the club on of Texas. IN THE HOUSE OF REPRESENTATIVES its 60th anniversary, and wish them continued Monday, March 31, 2008 success in the years to come. Mr. DAVIS of Virginia. Madam Speaker, I rise today to pay tribute to the Annandale

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\K31MR8.016 E31MRPT1 ccoleman on PROD1PC77 with REMARKS E456 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 2008 SENATE COMMITTEE MEETINGS Appropriations Foreign Relations Labor, Health and Human Services, Edu- To hold hearings to examine the condi- Title IV of Senate Resolution 4, cation, and Related Agencies Sub- tions and developments of Iraq in 2012. agreed to by the Senate on February 4, committee SD–419 To hold hearings to examine National 1977, calls for establishment of a sys- Appropriations Labor Relations Board Representation Transportation, Housing and Urban Devel- tem for a computerized schedule of all elections and initial collective bar- opment, and Related Agencies Sub- meetings and hearings of Senate com- gaining agreements, focusing on safe- committee mittees, subcommittees, joint commit- guarding workers’ rights. To hold hearings to examine the status SD–138 tees, and committees of conference. of the Surface Transportation Trust 11 a.m. Funds and impact on federal spending. This title requires all such committees Homeland Security and Governmental Af- SD–138 to notify the Office of the Senate Daily fairs Veterans’ Affairs Digest—designated by the Rules Com- To hold hearings to examine nuclear ter- To hold hearings to examine legislative rorism, focusing on assessing the presentations from sundry Veteran Af- mittee—of the time, place, and purpose threat to the United States. of the meetings, when scheduled, and fairs organizations. SD–342 SH–216 any cancellations or changes in the 2:30 p.m. 10 a.m. meetings as they occur. Commerce, Science, and Transportation Banking, Housing, and Urban Affairs Business meeting to consider S. 2688, to To hold hearings to examine turmoil in As an additional procedure along improve the protections afforded under U.S. credit markets, focusing on the re- Federal law to consumers from con- with the computerization of this infor- cent actions of federal financing regu- taminated seafood by directing the mation, the Office of the Senate Daily lators. Secretary of Commerce to establish a SD–538 Digest will prepare this information for program, in coordination with other Appropriations printing in the Extensions of Remarks appropriate Federal agencies, to Commerce, Justice, Science, and Related strengthen activities for ensuring that section of the CONGRESSIONAL RECORD Agencies Subcommittee seafood sold or offered for sale to the on Monday and Wednesday of each To hold hearings to examine proposed public in or affecting interstate com- budget estimates for fiscal year 2009 for week. merce is fit for human consumption, the National Aeronautics and Space S.J. Res. 28, disapproving the rule sub- Meetings scheduled for Tuesday, Administration Fiscal Year. April 1, 2008 may be found in the Daily mitted by the Federal Communications Commission with respect to broadcast SD–192 Digest of today’s RECORD. media ownership, S. 2607, to make a Commerce, Science, and Transportation technical correction to section 3009 of To hold hearings to examine inter- national fisheries, focusing on manage- MEETINGS SCHEDULED the Deficit Reduction Act of 2005, H.R. 3985, to amend title 49, United States ment and enforcement. APRIL 2 Code, to direct the Secretary of Trans- SR–253 Environment and Public Works 9:30 a.m. portation to register a person pro- To hold hearings to examine strategies Appropriations viding transportation by an over-the- to reduce greenhouse gas emissions at Energy and Water Development Sub- road bus as a motor carrier of pas- United States colleges and universities. committee sengers only if the person is willing SD–406 To hold hearings to examine proposed and able to comply with certain acces- Finance budget estimates for fiscal year 2009 for sibility requirements in addition to To hold hearings to examine outside the the Department of Energy. other existing requirements, H.R. 802, box on estate tax reform, focusing on SD–124 to amend the Act to Prevent Pollution reviewing ideas to simplify planning. Foreign Relations from Ships to implement MARPOL SD–215 To hold hearings to examine Iraq after Annex VI, and the nomination of Rob- Homeland Security and Governmental Af- the surge, focusing on military pros- ert A. Sturgell, of Maryland, to be Ad- fairs pects. ministrator of the Federal Aviation SD–419 Administration. To hold hearings to examine Federal Judiciary SR–253 Emergency Management Agency, fo- To hold oversight hearings to examine Foreign Relations cusing on if the agency is better pre- the Department of Homeland Security. To hold hearings to examine Iraq after pared for a catastrophe now than it was SH–216 the surge, focusing on political pros- in 2005. Joint Economic Committee pects. SD–342 To hold hearings to examine the current SD–419 Judiciary economic outlook. Armed Services Business meeting to consider S. 2136, to SD–106 Readiness and Management Support Sub- address the treatment of primary 10 a.m. committee mortgages in bankruptcy, S. 2133, to Armed Services To hold hearings to examine the Depart- authorize bankruptcy courts to take Emerging Threats and Capabilities Sub- ment of Defense contracting in Iraq certain actions with respect to mort- committee and Afghanistan. gage loans in bankruptcy, S. 2041, to To hold hearings to examine the defense SR–222 amend the False Claims Act, S. 2533, to authorization request for fiscal year enact a safe, fair, and responsible state 2009 for the Cooperative Threat Reduc- APRIL 3 secrets privilege Act, S. 702, to author- tion Program and the Proliferation Se- 9:30 a.m. ize the Attorney General to award curity Initiative at the Department of Armed Services grants to State courts to develop and Defense, and nuclear nonproliferation To hold hearings to examine the nomina- implement State courts interpreter programs at the National Nuclear Se- tions of Gen. David D. McKiernan, to programs, S. Res. 468, designating April curity Administration, and the future be General, and Commander, Inter- 2008 as ‘‘National 9–1-1 Education years defense program. national Security Assistance Force, Af- Month’’, and the nominations of SR–232A ghanistan, Lt. Gen. Raymond T. Catharina Haynes, of Texas, to be Environment and Public Works Odierno, to be General, and Vice Chief United States Circuit Judge for the To hold an oversight hearing to examine of Staff, and Lt. Gen. Walter L. Sharp, Fifth Circuit, and Rebecca A. Gregory, the listing decision for the polar bear to be General, and Commander, United to be United States Attorney for the under the Endangered Species Act. Nations Command/Combined Forces Eastern District of Texas. SD–406 Command/United States Forces Korea, SD–226 10:30 a.m. all of the United States Army. 10:30 a.m. Appropriations SD–106 Aging Defense Subcommittee Energy and Natural Resources To hold hearings to examine scrambling To meet in closed session to examine Na- To hold hearings to examine the current for health insurance coverage, focusing tional Reconnaissance Office (NRO)/ price of oil, focusing on non-commer- on health security for people in late Space Programs. cial institutional investors. middle age. S–407, Capitol SD–366 SD–608

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\M31MR8.000 E31MRPT1 ccoleman on PROD1PC77 with REMARKS March 31, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E457 2 p.m. and Facilities Act to authorize the Sec- the Department of State and foreign Homeland Security and Governmental Af- retary of the Interior to participate in operations. fairs the Elsinore Valley Municipal Water SD–138 Oversight of Government Management, the District Wildomar Service Area Recy- 2:30 p.m. Federal Workforce, and the District of cled Water Distribution Facilities and Energy and Natural Resources Columbia Subcommittee Alberhill Wastewater Treatment and To hold hearings to examine S. 1633, to To hold joint hearings with the House Reclamation Facility Projects, H.R. authorize the Secretary of the Interior Committee on Oversight and Govern- 716, to amend the Reclamation Waste- to conduct a special resource study to ment Reform Subcommittee on the water and Groundwater Study and Fa- determine the suitability and feasi- Federal Workforce, Postal Service, and cilities Act to authorize the Secretary bility of including the battlefield and the District of Columbia to examine of the Interior to participate in the related sites of the Battle of managing diversity of senior leadership Santa Rosa Urban Water Reuse Plan, Shepherdstown in Shepherdstown, in the Federal workforce and Postal H.R. 786, to amend the Reclamation West Virginia, as part of Harpers Ferry Service. Wastewater and Groundwater Study National Historical Park or Antietam 2154, Rayburn Building and Facilities Act to authorize the Sec- National Battlefield, S. 1993 and H.R. 2:15 p.m. retary of the Interior to participate in Judiciary the Los Angeles County Water Supply 2197, bills to modify the boundary of To hold hearings to examine the nomina- Augmentation Demonstration Project, the Hopewell Culture National Histor- tions of Mark S. Davis, to be United H.R. 1140, to authorize the Secretary, ical Park in the State of Ohio, S. 2207, States District Judge for the Eastern in cooperation with the City of San to direct the Secretary of the Interior District of Virginia, David Gregory Juan Capistrano, California, to partici- to study the suitability and feasibility Kays, to be United States District pate in the design, planning, and con- of designating Green McAdoo School in Judge for the Western District of Mis- struction of an advanced water treat- Clinton, Tennessee, as a unit of the Na- souri, David J. Novak, to be United ment plant facility and recycled water tional Park System, S. 2254, to estab- States District Judge for the Eastern system, H.R. 1503, to amend the Rec- lish the Mississippi Hills National Her- District of Virginia, Stephen N. lamation Wastewater and Groundwater itage Area in the State of Mississippi, Limbaugh, Jr., to be United States Dis- Study and Facilities Act to authorize S. 2329 and H.R. 2627, bills to establish trict Judge for the Eastern District of the Secretary of the Interior to partici- the Thomas Edison National Historical Missouri, and Elisebeth C. Cook, of Vir- pate in the Avra Black Wash Reclama- Park in the State of New Jersey as the ginia, to be an Assistant Attorney Gen- tion and Riparian Restoration Project, successor to the Edison National His- eral. H.R. 1725, to amend the Reclamation toric Site, S. 2502 and H.R. 3332, bills to SD–226 Wastewater and Groundwater Study provide for the establishment of a me- 3 p.m. and Facilities Act to authorize the Sec- morial within Kalaupapa National His- Armed Services retary of the Interior to participate in torical Park located on the island of Airland Subcommittee the Rancho California Water District Molokai, in the State of Hawaii, to To hold hearings to examine the defense Southern Riverside County Recycled honor and perpetuate the memory of authorization request for fiscal year Non-Potable Distribution Facilities those individuals who were forcibly re- 2009 on Army modernization, and the and Demineralization Desalination Re- located to the Kalaupapa Peninsula future years defense program. cycled Water Treatment and Reclama- from 1866 to 1969, S. 2512, to establish tion Facility Project, H.R. 1737, to SR–222 the Mississippi Delta National Heritage amend the Reclamation Wastewater Area in the State of Mississippi, and and Groundwater Study and Facilities APRIL 4 H.R. 3998, to authorize the Secretary of Act to authorize the Secretary of the the Interior to conduct special re- 9:30 a.m. Interior to participate in the design, Joint Economic Committee planning, and construction of perma- sources studies of certain lands and To hold hearings to examine the current nent facilities for the GREAT project structures to determine the appro- employment situation. to reclaim, reuse, and treat impaired priate means for preservation, use, and SD–106 waters in the area of Oxnard, Cali- management of the resources associ- fornia, and H.R. 2614, to amend the ated with such lands and structures. APRIL 8 Reclamation Wastewater and Ground- SD–366 9:30 a.m. water Study and Facilities Act to au- Armed Services thorize the Secretary of the Interior to APRIL 10 To hold hearings to examine the situa- participate in certain water projects in 10 a.m. tion in Iraq and progress made by the California. Commerce, Science, and Transportation Government of Iraq in meeting bench- SD–366 Aviation Operations, Safety, and Security marks and achieving reconciliation. Foreign Relations Subcommittee SD–106 To hold hearings to examine Iraq after To hold hearings to examine aviation 10 a.m. the surge. safety oversight. Commerce, Science, and Transportation SH–216 SR–253 To hold hearings to examine the Federal Armed Services Trade Commission reauthorization. SeaPower Subcommittee APRIL 15 SR–253 To hold hearings to examine the defense 10 a.m. 2:30 p.m. authorization request for fiscal year Energy and Natural Resources Commerce, Science, and Transportation 2009 on Navy force structure require- To hold hearings to examine S. 2438, to To hold an oversight hearing to examine ments and programs to meet those re- the digital television transition, focus- quirements, and the future years de- repeal certain provisions of the Federal ing on consumers, broadcasters, and fense program. Lands Recreation Enhancement Act. converter boxes. SR–222 SD–366 SR–253 Energy and Natural Resources APRIL 9 APRIL 23 To hold hearings to examine S. 2259 and 9:30 a.m. 9:30 a.m. H.R. 813, bills to amend the Reclama- Veterans’ Affairs Veterans’ Affairs tion Wastewater and Groundwater To hold an oversight hearing to examine To hold an oversight hearing to examine Study and Facilities Act to authorize making Veterans Affairs the workplace an update on the Veterans Affairs and the Secretary of the Interior to partici- of choice for health care providers. the Department of Defense cooperation pate in the Prado Basin Natural Treat- SR–418 and collaboration. ment System Project, to authorize the 10 a.m. SR–418 Secretary to participate in the Lower Appropriations 2:30 p.m. Chino Dairy Area desalination dem- State, Foreign Operations, and Related Commerce, Science, and Transportation onstration and reclamation project, Programs Subcommittee To hold hearings to examine phantom H.R. 31, to amend the Reclamation To hold hearings to examine proposed traffic. Wastewater and Groundwater Study budget estimates for fiscal year 2009 for SR–253

VerDate Aug 31 2005 04:28 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\M31MR8.000 E31MRPT1 ccoleman on PROD1PC77 with REMARKS Monday, March 31, 2008 Daily Digest Senate vote on the motion to invoke cloture on the motion Chamber Action to proceed to consideration of the bill. Page S2250 Routine Proceedings, pages S2207–S2252 Pension Protection Technical Corrections Act: A Measures Introduced: Four bills and three resolu- unanimous-consent agreement was reached providing tions were introduced, as follows: S. 2787–2790, and that the order of the Senate of December 19, 2007 S. Res. 490–492. Page S2231 with respect to S. 1974, to make technical correc- Measures Passed: tions related to the Pension Protection Act of 2006, be vitiated and that the bill remain at the desk. Committee Membership: Senate agreed to S. Res. Page S2250 492, amending the majority party’s membership on the Select Committee on Ethics for the remainder of Nominations Received: Senate received the fol- lowing nominations: the 110th Congress. Page S2250 Elisse Walter, of Maryland, to be a Member of the World Water Day: Committee on Foreign Rela- Securities and Exchange Commission for a term ex- tions was discharged from further consideration of S. piring June 5, 2012. Res. 478, supporting the goals and ideals of ‘‘World Luis Aguilar, of Georgia, to be a Member of the Water Day’’, and the resolution was then agreed to. Securities and Exchange Commission for the remain- Page S2250 der of the term expiring June 5, 2010. National Cerebral Palsy Awareness Day: Com- Christopher R. Wall, of Virginia, to be an Assist- mittee on the Judiciary was discharged from further ant Secretary of Commerce. consideration of S. Res. 484, designating March 25, Lily Fu Claffee, of Illinois, to be General Counsel 2008, as ‘‘National Cerebral Palsy Awareness Day’’, of the Department of Commerce. and the resolution was then agreed to. Pages S2250–51 Tyler D. Duvall, of Virginia, to be Under Sec- New Direction for Energy Independence, Na- retary of Transportation for Policy. tional Security, and Consumer Protection Act Kameran L. Onley, of Washington, to be an As- and the Renewable Energy and Energy Conserva- sistant Secretary of the Interior. tion Tax Act—Agreement: A unanimous-consent A. Ellen Terpstra, of New York, to be Chief Agri- agreement was reached providing that at approxi- cultural Negotiator, Office of the United States mately 2:15 p.m., on Tuesday, April 1, 2008, Senate Trade Representative, with the rank of Ambassador. resume consideration of the motion to reconsider the Miguel R. San Juan, of Texas, to be United States vote by which cloture was not invoked on the mo- Executive Director of the Inter-American Develop- tion to proceed to consideration of H.R. 3221, mov- ment Bank for a term of three years. ing the United States toward greater energy inde- Philip Thomas Reeker, of the District of Colum- pendence and security, developing innovative new bia, to be Ambassador to the Republic of Macedonia. technologies, reducing carbon emissions, creating Robert Stephen Beecroft, of California, to be Am- green jobs, protecting consumers, increasing clean bassador to the Hashemite Kingdom of Jordan. renewable energy production, and modernizing our Constance S. Barker, of Alabama, to be a Member energy infrastructure, and to amend the Internal of the Equal Employment Opportunity Commission Revenue Code of 1986 to provide tax incentives for for a term expiring July 1, 2011. the production of renewable energy and energy con- Anne Rader, of Virginia, to be a Member of the servation, that the motion to reconsider be agreed to, National Council on Disability for a term expiring and that the time until 2:30 p.m. be equally divided September 17, 2010. and controlled between the two Leaders, with the Katherine O. McCary, of Virginia, to be a Mem- Majority Leader controlling the final seven and a half ber of the National Council on Disability for a term minutes; provided further, that at 2:30 p.m., Senate expiring September 17, 2009. D338

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Lisa Mattheiss, of Tennessee, to be a Member of Executive Communications: Page S2229–31 the National Council on Disability for a term expir- Additional Cosponsors: Pages S2231–34 ing September 17, 2010. John H. Hager, of Virginia, to be a Member of Statements on Introduced Bills/Resolutions: the National Council on Disability for a term expir- Pages S2234–37 ing September 17, 2009. Additional Statements: Pages S2226–28 Marvin G. Fifield, of Utah, to be a Member of the Notices of Hearings/Meetings: Pages S2237–38 National Council on Disability for a term expiring September 17, 2011. Text of S. Con. Res. 70, as Previously Passed Marvin G. Fifield, of Utah, to be a Member of the Pages S2238–50 National Council on Disability for a term expiring Recess: Senate convened at 2 p.m. and recessed at September 17, 2008. 5:39 p.m., until 10 a.m. on Tuesday, April 1, 2008. Kristen Cox, of Utah, to be a Member of the Na- (For Senate’s program, see the remarks of the Acting tional Council on Disability for a term expiring Sep- Majority Leader in today’s Record on page S2251.) tember 17, 2009. Chad Colley, of Florida, to be a Member of the National Council on Disability for a term expiring Committee Meetings September 17, 2010. (Committees not listed did not meet) Victoria Ray Carlson, of Iowa, to be a Member of the National Council on Disability for a term expir- DISTRICT OF COLUMBIA PUBLIC SCHOOLS ing September 17, 2010. Tony J. Williams, of Washington, to be a Mem- Committee on Homeland Security and Governmental Af- ber of the National Council on Disability for a term fairs: On Friday, March 14, 2008, Subcommittee on expiring September 17, 2009. Oversight of Government Management, the Federal John R. Vaughn, of Florida, to be a Member of Workforce, and the District of Columbia concluded the National Council on Disability for a term expir- a hearing to examine ways to reform the District of ing September 17, 2010. Columbia Public Schools (DCPS) system, including Renee L. Tyree, of Arizona, to be a Member of the H.R. 2080, to amend the District of Columbia National Council on Disability for a term expiring Home Rule Act to conform the District charter to September 17, 2009. revisions made by the Council of the District of Co- Michael E. Leiter, of the District of Columbia, to lumbia relating to public education, after receiving be Director of the National Counterterrorism Center, testimony from Cornelia M. Ashby, Director, Edu- Office of the Director of National Intelligence. cation, Workforce, and Income Security Issues, Gov- 29 Air Force nominations in the rank of general. ernment Accountability Office; and Michelle Rhee, 1 Army nomination in the rank of General. Chancellor of the District of Columbia Public 36 Navy nominations in the rank of admiral. Schools, Victor Reinoso, Deputy Mayor for Edu- Routine lists in the Air Force, Army, Navy. cation, Deborah A. Gist, State Superintendent of Pages S2251–52 Education, Allen Y. Lew, Office of Public Education Facilities Modernization, John W. Hill, Federal City Messages from the House: Page S2229 Council, and Jane Hannaway, Urban Institute Edu- Measures Placed on the Calendar: Page S2229 cation Policy Center, all of Washington, D.C. h House of Representatives Reports Filed: A report was filed on March 14, Chamber Action 2008 as follows: Public Bills and Resolutions Introduced: 11 pub- H.R. 5577, to amend the Homeland Security Act lic bills, H.R. 5656–5666; 1 private bill, H.R. of 2002 to extend, modify, and recodify the author- 5667; and 3 resolutions, H. Con. Res. 320; and H. ity of the Secretary of Homeland Security to enhance Res. 161–163, were introduced. Page H1821 security and protect against acts of terrorism against Additional Cosponsors: Pages H1821–23 chemical facilities (H. Rept. 110–550, Pt. 1). Re- ports were filed today as follows:

VerDate Aug 31 2005 03:36 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR8.REC D31MRPT1 wwoods2 on PRODPC68 with DIGEST D340 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 2008 H.R. 4933, to amend the Lacey Act Amendments Agreed to amend the title so as to read: ‘‘To ex- of 1981 to protect captive wildlife and to make pand the boundaries of the Gulf of the Farallones technical corrections (H. Rept. 110–551); National Marine Sanctuary and the Cordell Bank H.R. 3891, to amend the National Fish and National Marine Sanctuary, and for other purposes.’’. Wildlife Foundation Establishment Act to increase Page H1778 the number of Directors on the Board of Directors National Integrated Coastal and Ocean Obser- of the National Fish and Wildlife Foundation (H. Rept. 110–552); vation Act of 2007: H.R. 2342, amended, to direct H.R. 2675, to provide for the conveyance of ap- the President to establish a National Integrated proximately 140 acres of land in the Ouachita Na- Coastal and Ocean Observation System; tional Forest in Oklahoma to the Indian Nations Pages H1778–81 Council, Inc., of the Boy Scouts of America, with an Captive Wildlife Safety Technical Amendments amendment (H. Rept. 110–553); Act of 2008: H.R. 4933, amended, to amend the H.R. 3651, to require the conveyance of certain Lacey Act Amendments of 1981 to protect captive public land within the boundaries of Camp Wil- wildlife and to make technical corrections; liams, Utah, to support the training and readiness of Pages H1781–82 the Utah National Guard, with an amendment (H. Hydrographic Services Improvement Act Amend- Rept. 110–554); ments of 2007: H.R. 3352, amended, to reauthorize H.R. 2515, to authorize appropriations for the and amend the Hydrographic Services Improvement Bureau of Reclamation to carry out the Lower Colo- 2 rado River Multi-Species Conservation Program in Act, by a ⁄3 yea-and-nay vote of 308 yeas to 60 the States of Arizona, California, and Nevada, with nays, Roll No. 147; Pages H1782–83, S1789–90 an amendment (H. Rept. 110–555); Amending the National Fish and Wildlife H.R. 3352, to reauthorize and amend the Hydro- Foundation Establishment Act to increase the graphic Services Improvement Act, with an amend- number of Directors on the Board of Directors of ment (H. Rept. 110–556); the National Fish and Wildlife Foundation: H.R. H.R. 1187, to expand the boundaries of the Gulf 3891, amended, to amend the National Fish and of the Farallones National Marine Sanctuary and the Wildlife Foundation Establishment Act to increase Cordell Bank National Marine Sanctuary, with the number of Directors on the Board of Directors amendments (H. Rept. 110–557); of the National Fish and Wildlife Foundation; H.R. 2342, to direct the President to establish a Pages H1783–84 National Integrated Coastal and Ocean Observation HALE Scouts Act: H.R. 2675, amended, to pro- System, with an amendment (H. Rept. 110–558, Pt. vide for the conveyance of approximately 140 acres 1); of land in the Ouachita National Forest in Okla- H.R. 4847, to reauthorize the United States Fire homa to the Indian Nations Council, Inc., of the Administration, with an amendment (H. Rept. 2 110–559); and Boy Scouts of America, by a ⁄3 yea-and-nay vote of H.R. 5551, to amend title 11, District of Colum- 370 yeas to 2 nays, Roll No. 148; bia Official Code, to implement the increase pro- Pages H1784–85, S1790–91 vided under the District of Columbia Appropriations Utah National Guard Readiness Act: H.R. Act, 2008, in the amount of funds made available 3651, amended, to require the conveyance of certain for the compensation of attorneys representing indi- public land within the boundaries of Camp Wil- gent defendants in the District of Columbia courts liams, Utah, to support the training and readiness of (H. Rept. 110–560). Pages H1820–21 the Utah National Guard; Pages H1785–86 Speaker: Read a letter from the Speaker wherein she Lower Colorado River Multi-Species Conserva- appointed Representative Jones (OH) to act as tion Program Act: H.R. 2515, amended, to author- Speaker pro tempore for today. Page H1775 ize appropriations for the Bureau of Reclamation to Suspensions: The House agreed to suspend the rules carry out the Lower Colorado River Multi-Species and pass the following measures: Conservation Program in the States of Arizona, Cali- Gulf of the Farallones and Cordell Bank Na- fornia, and Nevada; and Page H1786 tional Marine Sanctuaries Boundary Modification Supporting the observance of Colorectal Cancer and Protection Act: H.R. 1187, amended, to expand Awareness Month: H. Con. Res. 302, to support the the boundaries of the Gulf of the Farallones National observance of Colorectal Cancer Awareness Month, Marine Sanctuary and the Cordell Bank National by a 2⁄3 yea-and-nay vote of 371 yeas with none vot- Marine Sanctuary; Pages H1775–78 ing ‘‘nay’’, Roll No. 149. Pages H1887–89, S1791

VerDate Aug 31 2005 03:36 Apr 01, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D31MR8.REC D31MRPT1 wwoods2 on PRODPC68 with DIGEST March 31, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D341 Recess: The House recessed at 3:20 p.m. and recon- armed forces, and the future years defense program, 2:30 vened at 6:30 p.m. Page H1789 p.m., SR–222. Committee on Energy and Natural Resources: to hold hear- Senate Message: Message received from the Senate ings to examine S. 2593, to establish a program at the today appears on page S1775. Forest Service and the Department of the Interior to carry Senate Referrals: S. Con. Res. 70 was held at the out collaborative ecological restoration treatments for pri- desk. ority forest landscapes on public land, 2:30 p.m., SD–366. Quorum Calls—Votes: Three yea-and-nay votes de- Committee on Finance: to hold hearings to examine anti- veloped during the proceedings of today and appear terrorism financing, focusing on progress made and the on pages H1789–90, H1790–91, and H1791. There challenges ahead, 10 a.m., SD–215. were no quorum calls. Committee on Foreign Relations: to receive a closed brief- Adjournment: The House met at 2 p.m. and ad- ing on the situation in Iraq, 2:30 p.m., S–407, Capitol. Committee on Health, Education, Labor, and Pensions: Sub- journed at 9:40 p.m. committee on Employment and Workplace Safety, to hold hearings to examine Occupational Safety and Health Administration violations, focusing on strategies for Committee Meetings breaking dangerous patterns, 10 a.m., SD–430. No committee meetings were held. Committee on the Judiciary: Subcommittee on Human Rights and the Law, to hold hearings to examine rape as f a weapon of war, focusing on accountability for sexual vi- NEW PUBLIC LAWS olence in conflict, 10 a.m., SD–226. Select Committee on Intelligence: closed business meeting (For last listing of Public Laws, see DAILY DIGEST, p. D285) to consider pending calendar business, 2:30 p.m., S. 2745, to extend agricultural programs beyond SH–219. March 15, 2008, to suspend permanent price sup- port authorities beyond that date, and for other pur- House poses. Signed on March 14, 2008. (Public Law No meetings/hearings scheduled. 110–196) f S.J. Res. 25, providing for the appointment of John W. McCarter as a citizen regent of the Board CONGRESSIONAL PROGRAM AHEAD of Regents of the Smithsonian Institution.. Signed Week of March 31 through April 5, 2008 on March 14, 2008. (Public Law 110–197) S. 2733, to temporarily extend the programs Senate Chamber under the Higher Education Act of 1965. Signed on March 24, 2008. (Public Law 110–198) On Tuesday, Senate will resume consideration of the motion to reconsider the vote by which cloture f was not invoked on the motion to proceed to consid- COMMITTEE MEETINGS FOR TUESDAY, eration of H.R. 3221, New Direction for Energy APRIL 1, 2008 Independence, National Security, and Consumer Pro- tection Act, at 2:15 p.m., and vote on the motion (Committee meetings are open unless otherwise indicated) to invoke cloture on the bill at approximately 2:30 Senate p.m. During the balance of the week, Senate may con- Committee on Appropriations: Subcommittee on Interior, sider any cleared legislative and executive business. Environment, and Related Agencies, to hold hearings to examine proposed budget estimates for fiscal year 2009 Senate Committees for the Forest Service, 10 a.m., SD–124. Committee on Armed Services: Subcommittee on Airland, (Committee meetings are open unless otherwise indicated) to hold hearings to examine the defense authorization re- Committee on Appropriations: April 1, Subcommittee on quest for fiscal year 2009 on the Army’s new doctrine Interior, Environment, and Related Agencies, to hold (Field Manual 3–0, Operations), and the future years de- hearings to examine proposed budget estimates for fiscal fense program, 9:30 a.m., SR–222. year 2009 for the Forest Service, 10 a.m., SD–124. Subcommittee on Strategic Forces, to hold hearings to April 2, Subcommittee on Energy and Water Develop- examine the defense authorization request for fiscal year ment, to hold hearings to examine proposed budget esti- 2009 for ballistic missile defense programs, and the fu- mates for fiscal year 2009 for the Department of Energy, ture years defense program, 2:30 p.m., SR–232A. 9:30 a.m., SD–124. Subcommittee on Readiness and Management Support, April 2, Subcommittee on Defense, to meet in closed to hold hearings to examine the defense authorization re- session to examine National Reconnaissance Office quest for fiscal year 2009 for the current readiness of the (NRO)/Space Programs, 10:30 a.m., S–407, Capitol.

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April 2, Subcommittee on Labor, Health and Human Committee on Commerce, Science, and Transportation: April Services, Education, and Related Agencies, to hold hear- 2, business meeting to consider S. 2688, to improve the ings to examine National Labor Relations Board Rep- protections afforded under Federal law to consumers from resentation elections and initial collective bargaining contaminated seafood by directing the Secretary of Com- agreements, focusing on safeguarding workers’ rights, merce to establish a program, in coordination with other 10:30 a.m., SD–138. appropriate Federal agencies, to strengthen activities for April 3, Subcommittee on Transportation, Housing ensuring that seafood sold or offered for sale to the public and Urban Development, and Related Agencies, to hold in or affecting interstate commerce is fit for human con- hearings to examine the status of the Surface Transpor- sumption, S.J. Res. 28, disapproving the rule submitted tation Trust Funds and impact on federal spending, 9:30 by the Federal Communications Commission with respect a.m., SD–138. to broadcast media ownership, S. 2607, to make a tech- April 3, Subcommittee on Commerce, Justice, Science, nical correction to section 3009 of the Deficit Reduction and Related Agencies, to hold hearings to examine pro- Act of 2005, H.R. 3985, to amend title 49, United posed budget estimates for fiscal year 2009 for the Na- States Code, to direct the Secretary of Transportation to tional Aeronautics and Space Administration Fiscal Year, register a person providing transportation by an over-the- 10 a.m., SD–192. road bus as a motor carrier of passengers only if the per- Committee on Armed Services: April 1, Subcommittee on son is willing and able to comply with certain accessi- Airland, to hold hearings to examine the defense author- bility requirements in addition to other existing require- ization request for fiscal year 2009 on the Army’s new ments, H.R. 802, to amend the Act to Prevent Pollution doctrine (Field Manual 3–0, Operations), and the future from Ships to implement MARPOL Annex VI, and the years defense program, 9:30 a.m., SR–222. nomination of Robert A. Sturgell, of Maryland, to be Ad- April 1, Subcommittee on Strategic Forces, to hold ministrator of the Federal Aviation Administration, 2:30 hearings to examine the defense authorization request for p.m., SR–253. fiscal year 2009 for ballistic missile defense programs, April 3, Full Committee, to hold hearings to examine and the future years defense program, 2:30 p.m., international fisheries, focusing on management and en- SR–232A. forcement, 10 a.m., SR–253. April 1, Subcommittee on Readiness and Management Committee on Energy and Natural Resources: April 1, to Support, to hold hearings to examine the defense author- hold hearings to examine S. 2593, to establish a program ization request for fiscal year 2009 for the current readi- at the Forest Service and the Department of the Interior ness of the armed forces, and the future years defense pro- to carry out collaborative ecological restoration treatments gram, 2:30 p.m., SR–222. for priority forest landscapes on public land, 2:30 p.m., April 2, Subcommittee on Emerging Threats and Ca- SD–366. pabilities, to hold hearings to examine the defense au- April 3, Full Committee, to hold hearings to examine thorization request for fiscal year 2009 for the Coopera- the current price of oil, focusing on non-commercial in- tive Threat Reduction Program and the Proliferation Se- stitutional investors, 9:30 a.m., SD–366. curity Initiative at the Department of Defense, and nu- Committee on Environment and Public Works: April 2, to clear nonproliferation programs at the National Nuclear hold an oversight hearing to examine the listing decision Security Administration, and the future years defense pro- for the polar bear under the Endangered Species Act, 10 gram, 10 a.m., SR–232A. a.m., SD–406. April 2, Subcommittee on Readiness and Management April 3, Full Committee, to hold hearings to examine Support, to hold hearings to examine the Department of strategies to reduce greenhouse gas emissions at United Defense contracting in Iraq and Afghanistan, 2:30 p.m., States colleges and universities, 10 a.m., SD–406. SR–222. Committee on Finance: April 1, to hold hearings to exam- April 3, Full Committee, to hold hearings to examine ine anti-terrorism financing, focusing on progress made the nominations of Gen. David D. McKiernan, to be and the challenges ahead, 10 a.m., SD–215. General, and Commander, International Security Assist- April 3, Full Committee, to hold hearings to examine ance Force, Afghanistan, Lt. Gen. Raymond T. Odierno, outside the box on estate tax reform, focusing on review- to be General, and Vice Chief of Staff, and Lt. Gen. Wal- ing ideas to simplify planning, 10 a.m., SD–215. ter L. Sharp, to be General, and Commander, United Na- Committee on Foreign Relations: April 1, to receive a tions Command/Combined Forces Command/United closed briefing on the situation in Iraq, 2:30 p.m., States Forces Korea, all of the United States Army, 9:30 S–407, Capitol. a.m., SD–106. April 2, Full Committee, to hold hearings to examine April 3, Subcommittee on Airland, to hold hearings to Iraq after the surge, focusing on military prospects, 9:30 examine the defense authorization request for fiscal year a.m., SD–419. 2009 on Army modernization, and the future years de- April 2, Full Committee, to hold hearings to examine fense program, 3 p.m., SR–222. Iraq after the surge, focusing on political prospects, 2:30 Committee on Banking, Housing, and Urban Affairs: April p.m., SD–419. 3, to hold hearings to examine turmoil in U.S. credit April 3, Full Committee, to hold hearings to examine markets, focusing on the recent actions of federal financ- the conditions and developments of Iraq in 2012, 9:30 ing regulators, 10 a.m., SD–538. a.m., SD–419.

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Committee on Health, Education, Labor, and Pensions: April ing on health security for people in late middle age, 1, Subcommittee on Employment and Workplace Safety, 10:30 a.m., SD–608. to hold hearings to examine Occupational Safety and Health Administration violations, focusing on strategies House Chamber for breaking dangerous patterns, 10 a.m., SD–430. To be announced. Committee on Homeland Security and Governmental Affairs: April 2, to hold hearings to examine nuclear terrorism, House Committees focusing on assessing the threat to the United States, 11 a.m., SD–342. Committee on Appropriations, April 1, Subcommittee on April 3, Full Committee, to hold hearings to examine Agriculture, Rural Development, Food and Drug Admin- the Federal Emergency Management Agency, focusing on istration and Related Agencies, on Rural Development, if the agency is better prepared for a catastrophe now 10 a.m., 2362–A Rayburn. than it was in 2005, 10 a.m., SD–342. April 1, Subcommittee on Commerce, Justice, Science April 3, Subcommittee on Oversight of Government and Related Agencies, on FBI, 10 a.m., 2358–A Ray- Management, the Federal Workforce, and the District of burn. Columbia, to hold joint hearings with the House Com- April 1, Subcommittee on Financial Services and Gen- mittee on Oversight and Government Reform Sub- eral Government, on National Archives, 10 a.m, 2220 committee on the Federal Workforce, Postal Service, and Rayburn. the District of Columbia to examine managing diversity April 1, Subcommittee on Homeland Security, on De- of senior leadership in the Federal workforce and Postal partment of Homeland Security, Office of Health Affairs, Service, 2 p.m., 2154, Rayburn Building. 10 a.m., B–308 Rayburn, and on Addressing the Chal- Committee on the Judiciary: April 1, Subcommittee on lenges of Protecting the Nation’s Physical and Cyber In- Human Rights and the Law, to hold hearings to examine frastructure, 2 p.m., 2359 Rayburn. rape as a weapon of war, focusing on accountability for April 1, Subcommittee on Interior, Environment and sexual violence in conflict, 10 a.m., SD–226. Related Agencies, on National Endowment for the Arts April 2, Full Committee, to hold oversight hearings to and Arts Advocacy Day, 10 a.m., 2359 Rayburn. examine the Department of Homeland Security, 9:30 April 2, Subcommittee on Agriculture, Rural Develop- a.m., SH–216. ment, Food and Dug Administration, and Related Agen- April 3, Full Committee, business meeting to consider cies, on Food and Drug Administration Center for Bio- S. 2136, to address the treatment of primary mortgages logics Evaluation and Research, 11 a.m., 2362A Rayburn. in bankruptcy, S. 2133, to authorize bankruptcy courts to April 2, Subcommittee on Commerce, Justice, Science, take certain actions with respect to mortgage loans in and Related Agencies, on Outside Witnesses, 10 a.m., bankruptcy, S. 2041, to amend the False Claims Act, S. and on Legal Services Corporation, 2 p.m., H–309 Cap- 2533, to enact a safe, fair, and responsible state secrets itol. privilege Act, S. 702, to authorize the Attorney General April 2, Subcommittee on Energy and Water Develop- to award grants to State courts to develop and implement ment, and Related Agencies, on Department of Energy— State courts interpreter programs, S. Res. 468, desig- Weapons Activities and Naval Reactors, 10 a.m., 2362–B nating April 2008 as ‘‘National 9–1–1 Education Rayburn. Month’’, and the nominations of Catharina Haynes, of April 2, Subcommittee on Financial Services and Gen- Texas, to be United States Circuit Judge for the Fifth eral Government, on OPM, 10 a.m., 2220 Rayburn. Circuit, and Rebecca A. Gregory, to be United States At- April 2, Subcommittee on Homeland Security, on torney for the Eastern District of Texas, 10 a.m., Cargo, Container and Supply Chain Security, 10 a.m., SD–226. 2359 Rayburn. April 3, Full Committee, to hold hearings to examine April 2, Subcommittee on Interior, Environment and the nominations of Mark S. Davis, to be United States Related Agencies, on Indian Health Service, 10 a.m., District Judge for the Eastern District of Virginia, David B–308 Rayburn. Gregory Kays, to be United States District Judge for the April 2, Subcommittee on Military Construction, Vet- Western District of Missouri, David J. Novak, to be erans’ Affairs and Related Agencies, on Department of United States District Judge for the Eastern District of Defense—Budget Overview, 1:30 p.m., H–143 Capitol. Virginia, Stephen N. Limbaugh, Jr., to be United States April 2, Subcommittee on State, Foreign Operations, District Judge for the Eastern District of Missouri, and and Related Programs, on Contributions to International Elisebeth C. Cook, of Virginia, to be an Assistant Attor- Peacekeeping Activities (CIPA) and the Contributions to ney General, 2:15 p.m., SD–226. International Organizations (CID) accounts, 10 a.m., Committee on Veterans’ Affairs: April 3, to hold hearings 2358–C Rayburn. to examine legislative presentations from sundry Veteran April 2, Subcommittee on Transportation, Housing Affairs organizations, 9:30 a.m., SH–216. and Urban Development, and Related Agencies, on High- Select Committee on Intelligence: April 1, closed business ways and Transit Programs: The DOT Perspective on the meeting to consider pending calendar business, 2:30 Urgent Funding Needs for Today and Tomorrow, 10 p.m., SH–219. a.m., and on Thoughts and Recommendations from the Special Committee on Aging: April 3, to hold hearings to National Surface Transportation Policy and Revenue examine scrambling for health insurance coverage, focus- Study Commission, 2 p.m., 2358–A Rayburn.

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April 3, Subcommittee on Agriculture, Rural Develop- Committee on Foreign Affairs, April 2, Subcommittee on ment, Food and Drug Administration, and Related Agen- International Organizations, Human Rights, and Over- cies, on Natural Resources Conservation Service Budget, sight, hearing and briefing on Funding for the United 10 a.m., 2362–A Rayburn. Nations Peacekeeping Operations: What is the U.S. Re- April 3, Subcommittee on Commerce, Justice, Science, sponsibility? 2 p.m., 2200 Rayburn. and Related Agencies, on Attorney General, 10 a.m., and April 2, Subcommittee on the Middle East and South on Census, 2 p.m., 2359 Rayburn. Asia, hearing on the Strategic Chaos and Taliban Resur- April 3, Subcommittee on Defense/Select Intelligence gence in Afghanistan, 2 p.m., 210 Cannon. Oversight Panel, executive, on Comprehensive National Committee on Homeland Security, April 1, Subcommittee Cybersecurity Initiative, 1:30 p.m., H–140 Capitol. on Emerging Threats, Cybersecurity and Science and April 3, Subcommittee Energy and Water Develop- Technology, hearing entitled ‘‘The Future of Science and ment, and Related Agencies, on Department of Energy- Technology at the Department of Homeland Security,’’ 2 Nuclear Nonproliferation, 10 a.m., 2362–B Rayburn. p.m., 311 Cannon. April 3, Subcommittee on Financial Services, and Gen- Committee on House Administration, April 1, Sub- eral Services, on GSA, 10 a.m., 2220 Rayburn. committee on Elections, hearing on the National Voter April 3, Subcommittee on Homeland Security, on Can- Registration Act, Section 7: The Challenges Public As- didate Protection and Investigatory Programs: Balancing sistance Agencies Face, 2 p.m., 1310 Longworth. the U.S. Secret Service Workload, 10 a.m., 2358–C Ray- April 2, full Committee, to consider the following: burn. H.R. 5493, To provide that the usual day for paying sal- April 3, Subcommittee on Interior, Environment and aries in or under the House of Representatives may be es- Related Agencies, on Public Witnesses; 10 a.m., and on tablished by regulations of the Committee on House Ad- Bureau of Indian Affairs and Office of Special Trustee, ministration; a measure To permit membership in the ex- 10:30 a.m., B–308 Rayburn. ercise facility established for employees of the House of April 3, Subcommittee on Military Construction, Vet- Representatives and in the House Staff Fitness Program erans’ Affairs, and Related Agencies, on Veterans’ Affairs to be made available to other Federal employees who are Information Technology, 1:30 p.m., H–143 Capitol. assigned to official duty at the House of Representatives; Committee on Armed Services, April 1, Subcommittee on H.R. 5036, Emergency Assistance for Secure Elections Air and Land Forces, hearing on Fiscal Year 2009 Na- Act of 2008; H.R. 281, Universal Right to Vote by Mail tional Defense Authorization Budget Request from the Act of 2007; H.R. 3032, To amend the Federal Election U.S. Transportation Command and Air Force Mobility Campaign Act of 1971 to permit candidates for election Aircraft Programs, 1 p.m., 2118 Rayburn. for Federal office to designate an individual who will be April 1, Subcommittee on Readiness, hearing on Fiscal authorized to disburse funds of the authorized campaign committees of the candidate in the event of the death of Year 2009 National Defense Authorization Budget Re- the candidate; and an amendment to Regulations Gov- quest on the Readiness of the Army and Air Force Re- erning the Use of Official Funds: Alternate Ride Home, serves and National Guard Forces, 9 a.m., 2118 Rayburn. 11 a.m., 1310 Longworth. April 1, Subcommittee on Terrorism, Unconventional Committee on the Judiciary, April 1, Subcommittee on Threats and Capabilities, hearing on the Holistic Ap- Commercial and Administrative Law, hearing on H.R. proaches to Cybersecurity Enabling Network Centric Op- 4044, To amend the Bankruptcy Abuse Prevention and erations, 3 p.m., 2212 Rayburn. Consumer Protection Act of 2005 to exempt from the April 3, Subcommittee on Air and Land Forces, hear- means test in bankruptcy cases, for a limited period, ing on Fiscal Year 2009 National Defense Authorization qualifying reserve-component members who, after Sep- Budget Request on Army National Guard and Army Re- tember 11, 2001, are called to active duty or to perform serve Equipment, 2 p.m., 2118 Rayburn. a homeland defense activity for not less than 60 days, 2 Committee on Energy and Commerce, April 1, Sub- p.m., 2141 Rayburn. committee on Telecommunications and the Internet, April 1, Subcommittee on Immigration, Citizenship, hearing entitled ‘‘Online Virtual Worlds: Applications Refugees, Border Security and International Law and the and Avatars in a User-Generated Medium,’’ 9:30 a.m., Subcommittee on Constitution, Civil Rights and Civil 2123 Rayburn. Liberties, joint hearing on Paying With Their Lives: The April 3, Subcommittee on Health, hearing on H.R. Status of Compensation for 9/11 Health Effects, 10 a.m., 5613, Protecting the Medicaid Safety Net Act of 2008, 2141 Rayburn. 10 a.m., 2123 Rayburn. April 3, Subcommittee on Crime, Terrorism, and April 3, Subcommittee on Oversight and Investiga- Homeland Security, hearing on proposals before the tions, hearing entitled ‘‘Selling the Department of Ener- 110th Congress to amend Federal Restitution Laws, 2 gy’s Depleted Uranium Stockpile: Opportunities and p.m., 2141 Rayburn. Challenges,’’ 10 a.m., 2322 Rayburn. Committee on Natural Resources, April 2, to mark up the Committee on Financial Services, April 2, Subcommittee following bills: H.R. 3513, Cooper Salmon Wilderness on Domestic and International Monetary Policy, Trade Act; H.R. 5151, Wild Monongahela Act: A National and Technology, hearing entitled ‘‘Proposed UIGEA Reg- Legacy for West Virginia’s Special Places; H.R. 831, ulations: Burden without Benefit?’’ 10 a.m., 2128 Ray- Coffman Cove Administrative Site Conveyance Act; and burn. a H.R. 3734, Morley Nelson Snake River Birds of Prey

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National Conservation Area Act, 11 a.m., 1324 Long- April 2, Subcommittee on Oversight and Investiga- worth. tions, hearing on Traumatic Brain Injury (TBI) Related Committee on Oversight and Government Reform, April 2, Vision Issues, 10 a.m., 334 Cannon. Subcommittee on Information Policy, Census, and Na- Committee on Ways and Means, April 1, Subcommittee tional Archives, hearing on Examining the Federal Advi- on Health, hearing on the 2008 Medicare Trustees Re- sory Committee Act (FACA) of 2008, 2 p.m., 2154 Ray- port, 10 a.m., 1100 Longworth. burn. Permanent Select Committee on Intelligence, April 1, execu- April 3, Subcommittee on Federal Workforce, Postal tive, briefing on Cyber Technology, 10 a.m., H–405 Cap- Service, and the District of Columbia, to mark up H.R. itol. 3799, Federal Employees Paid Parental Leave Act of April 2, Subcommittee on Terrorism, Human Intel- 2007, 1:30 p.m., 2154 Rayburn. ligence, Analysis and Counterintelligence, executive, Committee on Rules, April 1, to consider H.R. 5501, briefing on Hot Spots, 8:45 a.m., H–405 Capitol. Tom Lantos and Henry J. Hyde United States Global April 3, full Committee, executive, hearing on Fiscal Leadership Against HIV/AIDS, Tuberculosis, and Malaria Year 2009 Budget—Special Program, 9 a.m., 405 Cap- Reauthorization Act of 2008, 2:30 p.m., Capitol. itol. Committee on Science and Technology, April 1, Sub- Select Committee on Energy Independence and Global Warm- committee on Investigations and Oversight, hearing on ing, April 1, hearing on Drilling for Answers: Oil Com- Toxic Trailers: Have the Centers for Disease Control and pany Profits, Runaway Prices and the Pursuit of Alter- Prevention Failed to Protect Public Health?, 9:30 a.m., natives, 12 p.m., 210 Cannon. 2318 Rayburn. April 2, to meet to authorize the Select Committee to April 2, Subcommittee on Research and Science Edu- issue subpoenas to the EPA as necessary to obtain infor- cation, hearing on International Science and Technology mation concerning the EPA’s regulatory response to the Cooperation, 10 a.m., 2318 Rayburn. Massachusetts v. EPA decision and the Administration’s April 3, Subcommittee on Space and Aeronautics, hear- finding of ‘‘endangerment’’ as provided for under the ing on NASA’s Exploration Initiative: Status and Issues, Clean Air Act; followed by a hearing entitled, ‘‘From the 10 a.m., 2318 Rayburn. Wright Brothers to the Right Solutions: Curbing Soaring Committee on Small Business, April 3, hearing on the Aviation Emissions,’’ 1:30 p.m., 1310 Longworth. Role of Credit Cards in Small Business Financing, 10 a.m., 1529 Longworth. Joint Meetings Committee on Transportation and Infrastructure, April 1, Joint Hearing: April 3, Senate Committee on Homeland Subcommittee on Economic Development, Public Build- Security and Governmental Affairs, Subcommittee on ings, and Emergency Management, hearing on A Grow- Oversight of Government Management, the Federal ing Capitol Complex and Visitor Center: Needs for Workforce, and the District of Columbia, to hold joint Transportation Security, Greening, Energy, and Mainte- hearings with the House Committee on Oversight and nance, 10 a.m., 2167 Rayburn. Government Reform Subcommittee on the Federal Work- April 2, Subcommittee on Economic Development, force, Postal Service, and the District of Columbia to ex- Public Buildings, and Energy Management, hearing on amine managing diversity of senior leadership in the Fed- National Flood Plain Remapping: The Practical Impact, eral workforce and Postal Service, 2 p.m., 2154, Rayburn 10 a.m., 2167 Rayburn. Building. April 3, full Committee, hearing on Critical Lapses in Joint Economic Committee: April 2, to hold hearings to FAA Safety Oversight of Airlines: Abuses of Regulatory examine the current economic outlook, 9:30 a.m., ‘‘Partnership Programs,’’ 10 a.m., 2167 Rayburn. SD–106. Committee on Veterans’ Affairs, April 1, Subcommittee on Joint Economic Committee: April 4, to hold hearings to Health, hearing on PTSD Treatment and Research: Mov- examine the current employment situation, 9:30 a.m., ing Ahead Toward Recovery, 10 a.m., 334 Cannon. SD–106.

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Next Meeting of the SENATE to address crime and violence in the region; (3) H. Con. Res. 10 a.m., Tuesday, April 1 154—Expressing the sense of Congress that the fatal radiation poisoning of Russian dissident and writer Alexander Litvinenko Senate Chamber raises significant concerns about the potential involvement of elements of the Russian Government in Mr. Litvinenko’s death Program for Tuesday: After the transaction of any morning and about the security and proliferation of radioactive mate- business (not to extend beyond 12:30 p.m.), Senate will resume rials; (4) H. Res. 997—Expressing the strong support of the consideration of the motion to reconsider the vote by which House of Representatives for the North Atlantic Treaty Organi- cloture was not invoked on the motion to proceed to consider- zation to enter into a Membership Action Plan with Georgia ation of H.R. 3221, New Direction for Energy Independence, and Ukraine; (5) H.R. 2040—The Civil Rights Act of 1964 National Security, and Consumer Protection Act, at 2:15 p.m., Commemorative Coin Act; (6) H. Con. Res. 310—Expressing and vote on the motion to invoke cloture on the bill at ap- support for a national day of remembrance for Harriet Ross proximately 2:30 p.m. Tubman; (7) H. Res. 1005—Supporting the goals and ideals (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective of Borderline Personality Awareness Month; (8) H. Res. party conferences.) 1021—Supporting the goals, ideals, and history of National Women’s History Month; (9) H.R. 5168—The ‘‘Cody Grater Post Office Building’’ Designation Act; (10) H.R. 5551—To Next Meeting of the HOUSE OF REPRESENTATIVES amend title 11, District of Columbia Official Code, to imple- 10:30 a.m., Tuesday, April 1 ment the increase provided under the District of Columbia Ap- propriations Act, 2008, in the amount of funds made available for the compensation of attorneys representing indigent defend- House Chamber ants in the District of Columbia courts; (11) S. 550—A bill Program for Tuesday: Consideration of the following suspen- to preserve existing judgeships on the Superior Court of the sions: (1) H. Res. 185—Expressing the sense of the House of District of Columbia; (12) H. Res. 945—Raising awareness and Representatives regarding the creation of refugee populations in promoting education on the criminal justice system by estab- the Middle East, North Africa, and the Persian Gulf region as lishing March 2008 as ‘‘National Criminal Justice Month’’; a result of human rights violations; (2) H. Res. 865—Express- (13) H.R. 4056—The Federal Law Enforcement Officers Con- ing the sense of the House of Representatives that the March gressional Badge of Bravery Act of 2008; (14) H.R. 1312— 2007 report of the United Nations Office on Drugs and Crime Arts Require Timely Service (ARTS) Act; and (15) H. Res. and the International Bank for Reconstruction and Develop- 1061—Observing the 40th anniversary of the assassination of ment makes an important contribution to the understanding of Dr. Martin Luther King, Jr. and encouraging the people of the the high levels of crime and violence in the Caribbean, and United States to pause and remember the life and legacy of Dr. that the United States should work with Caribbean countries Martin Luther King, Jr.

Extension of Remarks, as inserted in this issue

HOUSE Fox, Virginia, N.C., E452 Marchant, Kenny, Tex., E450, E451, E455 Shuster, Bill, Pa., E452 Graves, Sam, Mo., E439, E441, E442, Murphy, Patrick J., Pa., E443, E449 Tauscher, Ellen O., Calif., E443 Andrews, Robert E., N.J., E454 E444, E445, E446, E447, E450 Pallone, Frank, Jr., N.J., E443 Thompson, Mike, Calif., E445 Bachmann, Michele, Minn., E451 Hoyer, Steny H., Md., E441, E449 Paul, Ron, Tex., E446 Wilson, Heather, N.M., E437 Blunt, Roy, Mo., E446 Kildee, Dale E., Mich., E454 Radanovich, George, Calif., E441 Woolsey, Lynn C., Calif., E445, E450, Carnahan, Russ, Mo., E445 Knollenberg, Joe, Mich., E451, E451 Rangel, Charles B., N.Y., E439, E441, E454 Castle, Michael N., Del., E440, E446 Kucinich, Dennis J., Ohio, E439, E440, E442, E444, E445, E446, E447, E449 Wu, David, Ore., E440 Cohen, Steve, Tenn., E444 E442, E444, E450 Ros-Lehtinen, Ileana, Fla., E441 Davis, Tom, Va., E455 McCotter, Thaddeus G., Mich., E455 Ross, Mike, Ark., E452 Doolittle, John T., Calif., E442 McGovern, James P., Mass., E452 Sarbanes, John P., Md., E453

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