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, FRIDAY, JUNE 20, 2008 No. 103 House of Representatives The House met at 9 a.m. Mr. POE led the Pledge of Allegiance Madam Speaker, we deserve solutions The Chaplain, the Reverend Daniel P. as follows: that extend to the next generation, not Coughlin, offered the following prayer: I pledge allegiance to the Flag of the the next election. ‘‘How great is Your goodness, Lord. United States of America, and to the Repub- f How good You are to those who fear lic for which it stands, one nation under God, You. All those in need can place their indivisible, with liberty and justice for all. GUANTANAMO COURT DECISION trust in You because You are faithful f (Mr. PITTS asked and was given per- mission to address the House for 1 and Your promises will be fulfilled. ANNOUNCEMENT BY THE SPEAKER ‘‘You spoke Your Word and we were minute and to revise and extend his re- created. Your Word revealed Your love The SPEAKER. The Chair will enter- marks.) and we were redeemed. You send forth tain up to five requests for 1-minute Mr. PITTS. Madam Speaker, this Your Spirit and renew the face of the speeches on each side of the aisle. week’s Supreme Court decision regard- earth. f ing enemy terrorist detainees at Guan- ‘‘To You be glory, honor and thanks- FINDING REAL SOLUTIONS TO tanamo Bay threatens the separation giving.’’ MEET ENERGY NEEDS of powers by undermining the author- So prays this psalm, the House of ity of the President as commander-in- (Mr. WALZ of Minnesota asked and Representatives and this Nation, both chief and thwarting repeated efforts of was given permission to address the today and forever. Amen. Congress to address this issue. Taking House for 1 minute.) enemy combatants from before mili- f Mr. WALZ of Minnesota. Madam tary tribunals and putting them before Speaker, yesterday I talked to a farmer THE JOURNAL civilian judges is a mistake. The SPEAKER. The Chair has exam- who told me he just purchased fuel to Justice Scalia, who wrote a dis- ined the Journal of the last day’s pro- power his irrigation pumps. The cost senting opinion to the 5–4 decision, ceedings and announces to the House for 2 weeks of that fuel, $33,000 worth of said, ‘‘America is at war with radical her approval thereof. diesel. This Nation’s people and econ- Islamists. The game of bait-and-switch Pursuant to clause 1, rule I, the Jour- omy are reeling because of high energy that today’s opinion plays upon the nal stands approved. costs, and yet some in this House offer Nation’s commander-in-chief will make Mr. WALZ of Minnesota. Madam nothing but the same old political the war harder on us. It will almost Speaker, pursuant to clause 1, rule I, I games, the exact games that put us in certainly cause more Americans to be demand a vote on agreeing to the this position. killed.’’ Let’s be very clear: No one is saying Speaker’s approval of the Journal. Chief Justice Roberts said, ‘‘Today The SPEAKER. The question is on we shouldn’t be producing and using the Court strikes down as inadequate the Speaker’s approval of the Journal. domestic supplies. But false solution the most generous set of procedure pro- The question was taken; and the land grabs and politics aren’t going to tections ever afforded aliens detained Speaker announced that the ayes ap- get us to energy independence. Oil by this country as enemy combatants.’’ peared to have it. companies today are sitting on 68 mil- Madam Speaker, I believe history Mr. WALZ of Minnesota. Madam lion acres of Federal land, your land, will judge the five Justices who sup- Speaker, I object to the vote on the Madam Speaker, that could produce up ported this policy to be mistaken. Un- ground that a quorum is not present to a decade-and-a-half worth of all the fortunately, this most serious issue and make the point of order that a fuel this country needs. Yet they are was stripped from the jurisdiction of quorum is not present. not drilling. Future generations de- America’s elected officials, who are ac- The SPEAKER. Pursuant to clause 8, serve that we provide real solutions countable to voters, and given to rule XX, further proceedings on this that not only include domestic produc- judges never elected and not account- question will be postponed. tion, but provide innovations and alter- able to the population at large. The point of no quorum is considered native technologies and crack down on f withdrawn. speculation. AMERICA CANNOT AFFORD MORE f Yesterday, Madam Speaker, China increased their fuel prices by 17 per- FAILED BUSH-CHENEY ENERGY PLEDGE OF ALLEGIANCE cent, and the price of oil dropped by $6 POLICIES The SPEAKER. The Pledge of Alle- a barrel. By anybody’s best estimate, (Mr. WILSON of Ohio asked and was giance will be led by the gentleman that is more than drilling in ANWR given permission to address the House from Texas (Mr. POE). would drop the cost. for 1 minute.)

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

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VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.000 H20JNPT1 jbell on PROD1PC69 with HOUSE H5734 CONGRESSIONAL RECORD — HOUSE June 20, 2008 Mr. WILSON of Ohio. Madam Speak- go into the history books, but no Boys Tennis Tournament held at Her- er, there are two people to blame for progress has been made on solving ris- sey High School in Arlington Heights. the extremely high increase in gas ing gasoline prices. Most Americans This year’s State finals mark the sec- prices, President Bush and Vice Presi- are for offshore drilling, but the don’t- ond consecutive State championship dent CHENEY, two men who came to the drill-in-America gang says no. for Central’s boys tennis team. White House from the executive suites Why does the anti-American drilling Team member Augie Bloom placed of Big Oil. crowd think it is wrong for us to drill third in singles and the doubles team of This week, the President proposed a at home, but it is right for OPEC and Dan Ballantine and Ian Tesmond proposal that was literally written by the Saudis to drill and sell us crude placed fifth in the State. Additionally, the oil industry: Give more public re- that costs Americans $425 million a teammates Krishna Ravella, Paul Coo- sources to the very same oil companies day? per and Josh Sink all contributed to that are raking in record profits and The Drill Nothing Congress says brining home the prize. Their out- are sitting on 68 million acres of Fed- those American oil companies, which standing performance on the court won eral lands they already have leased. they seem to despise more than OPEC 37 points, a one-point margin of vic- The President called for opening the and dictator Chavez, have enough tory. Guiding the team to victory were Outer Continental Shelf to drilling, leases on Federal land. The problem coach Jay Kramer and assistant coach- even though more than 80 percent of with that lack of logic is there is no oil es John Naisbitt and Bro Ballantine. that is already under lease at this on those leases. The land is full of dry Madam Speaker, our community is time. The President reported the same holes. It is like trying to lease Death very proud of these champions, who old rhetoric about drilling in ANWR, Valley to the farmers to grow corn. It worked so hard for this victory. Their even though his own Energy Depart- won’t work. dedication and fighting spirit is a tes- ment has concluded that will bring no The don’t-drill group thinks Amer- tament to their school and the State of solution for the next 20 years. This ican oil companies make too much Illinois. type of rhetoric is what is hurting us money. Little do they know oil compa- Again, I congratulate the Hinsdale and will continue to hurt our country. nies are owned by millions of middle- Central Red Devils on their state title, Madam Speaker, America cannot af- class Americans who are called stock- and wish them the best of luck in fu- ford any more failed Bush-Cheney en- holders. ture seasons. ergy policies. Open up the Outer Continental Shelf. f f American oil companies will pay mil- CONGRESS HELPING MONKEYS lions in lease revenues to taxpayers. MESSAGE FROM THE SENATE AND WHALES WHILE AMERICANS Thousands of jobs will be created. A message from the Senate by Ms. STRUGGLE TO MAKE ENDS MEET America needs to take care of America. Curtis, one of its clerks, announced (Mr. TIM MURPHY of Pennsylvania Drill offshore. that the Senate has agreed to without asked and was given permission to ad- And that’s just the way it is. amendment a concurrent resolution of dress the House for 1 minute.) f the House of the following title: Mr. TIM MURPHY of Pennsylvania. CELEBRATING THE LEGACY OF H. Con. Res. 337. Concurrent resolution Madam Speaker, with oil and gas THE HONORABLE ALICE ROBERT- honoring Seeds of Peace for its 15th anniver- sary as an organization promoting under- prices climbing to record highs and SON, MEMBER OF CONGRESS families struggling to make ends meet, standing, reconciliation, acceptance, coexist- what did Congress do to help this (Ms. FALLIN asked and was given ence, and peace in the Middle East, South Asia, and other regions of conflict. week? Well, we voted on monkeys. Yes, permission to address the House for 1 we voted to prohibit you from driving a minute and to revise and extend her re- The message also announced that the monkey across State lines. We also had marks.) Senate has passed bills and a concur- a lengthy debate on whaling. But no Ms. FALLIN. Madam Speaker, today rent resolution of the following titles votes to increase energy supplies to I would like to share with the Chamber in which the concurrence of the House lower gas prices. Good for monkeys, a very significant moment in our his- is requested: good for whales, but not good for tory. Eighty-seven years ago today, on S. 2159. An act to require the Secretary of America’s families. June 20, 1921, Congresswoman Alice the Treasury to mint coins in commemora- Sixty-seven percent of Americans Robertson became the first woman to tion of the 50th anniversary of the establish- support safe, environmentally sound sit in the chair and preside over this ment of the National Aeronautics and Space Administration. exploration of our resources. The body. She was a pioneer, an educator, a S. 2607. An act to make a technical correc- American people understand that we tion to section 3009 of the Deficit Reduction need more American energy, not Saudi public servant, and only the second Act of 2005. Arabian, not Venezuelan or Russian en- woman ever elected to Congress. She is S. Con. Res. 91. Concurrent resolution hon- ergy dependence. American energy a testament to the power of the 19th oring Army Specialist Monica L. Brown, of means we are creating American jobs, amendment and a symbol of the full Lake Jackson, Texas, extending gratitude to not funding plush skyscrapers in participation that women have enjoyed her and her family, and pledging continuing Dubai. And lower prices allow us to in- in government ever since its passage. support for the men and women of the United States Armed Forces. vest our dollars in alternate energy Today, women occupy many seats in and conservation. this Chamber, even the Speaker’s f Earlier this week, I introduced House Chair. b 0915 Resolution 1282 to encourage the re- So we owe much to Alice Robertson, moval of the executive ban on drilling and I ask that you join me in cele- PROVIDING FOR CONSIDERATION along our Outer Continental Shelf. The brating her legacy and giving thanks OF H.R. 5876, STOP CHILD ABUSE President has the power to remove this to the memory of this wonderful Okla- IN RESIDENTIAL PROGRAMS FOR ban today, if he chooses. I invite all my homa woman. TEENS ACT OF 2008 colleagues to cosponsor my resolution. f Mr. CARDOZA. Madam Speaker, by direction of the Committee on Rules, I Let’s bring relief for America’s fami- RECOGNIZING THE HINSDALE CEN- call up House Resolution 1276 and ask lies. TRAL HIGH SCHOOL BOYS TEN- for its immediate consideration. f NIS TEAM The Clerk read the resolution, as fol- DRILL NOTHING CONGRESS— (Mrs. BIGGERT asked and was given lows: PART II permission to address the House for 1 H. RES. 1276 minute.) (Mr. POE asked and was given per- Resolved, That at any time after the adop- mission to address the House for 1 Mrs. BIGGERT. Madam Speaker, it is tion of this resolution the Speaker may, pur- minute.) with great pride that I rise to con- suant to clause 2(b) of rule XVIII, declare the Mr. POE. Madam Speaker, the Drill gratulate the Hinsdale Central Red House resolved into the Committee of the Nothing Congress has let another week Devils on winning the Illinois State Whole House on the state of the Union for

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.002 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5735 consideration of the bill (H.R. 5876) to re- House Resolution 1276 provides for develop their own standards that are at quire certain standards and enforcement pro- consideration of H.R. 5876, the Stop least as strong as the national ones. visions to prevent child abuse and neglect in Child Abuse in Residential Programs On a personal note, I would like to residential programs, and for other purposes. say that my wife, Kathie, and I are The first reading of the bill shall be dis- for Teens Act of 2008, under a struc- pensed with. All points of order against con- tured rule. The rule provides 1 hour of proud parents of three children, two of sideration of the bill are waived except those general debate equally divided and con- which we adopted from foster care. I arising under clause 9 or 10 of rule XXI. Gen- trolled by the chairman and ranking can tell you from my own personal ex- eral debate shall be confined to the bill and minority member of the Committee on perience that nothing is more impor- shall not exceed one hour equally divided Education and Labor. tant to a child’s life than having a se- and controlled by the chairman and ranking The rule makes in order two amend- cure home. minority member of the Committee on Edu- ments that were submitted for consid- No child should ever be subject to cation and Labor. After general debate the bill shall be considered for amendment under eration and are printed in the Rules abuse or neglect, especially when in the five-minute rule. It shall be in order to Committee report, including a bipar- the care of those who are supposed to consider as an original bill for the purpose of tisan manager’s amendment. The rule be providing treatment. amendment under the five-minute rule the waives all points of order against con- I commend Chairman MILLER for his amendment in the nature of a substitute rec- sideration of the bill, except for clauses tireless efforts on behalf of our Na- ommended by the Committee on Education 9 and 10 of rule XXI. Finally, the rule tion’s children. I strongly urge my col- and Labor now printed in the bill. The com- provides one motion to recommit with leagues on both sides of the aisle to mittee amendment in the nature of a sub- support this commonsense legislation. stitute shall be considered as read. All points or without instructions. of order against the committee amendment The bill before us today, the Stop Madam Speaker, I reserve the bal- in the nature of a substitute are waived ex- Child Abuse in Residential Programs ance of my time. cept those arising under clause 10 of rule for Teens Act, responds to an urgent Mr. LINCOLN DIAZ-BALART of XXI. Notwithstanding clause 11 of rule need to protect our Nation’s vulnerable Florida. At this time I would like to XVIII, no amendment to the committee children. An estimated 20 to 30,000 U.S. thank my good friend, the gentleman amendment in the nature of a substitute teenagers attend private residential from California (Mr. CARDOZA), for the shall be in order except those printed in the programs, including therapeutic board- time and yield myself such time as I report of the Committee on Rules accom- ing schools, wilderness camps, boot may consume. panying this resolution. Each such amend- Madam Speaker, when families send ment may be offered only in the order print- camps, and behavioral modification fa- ed in the report, may be offered only by a cilities. These residential facilities are their children to private residential Member designated in the report, shall be intended to help treat children with be- treatment facilities, they expect their considered as read, shall be debatable for the havioral, emotional or mental health children to receive proper treatment time specified in the report equally divided problems. for their emotional and behavioral and controlled by the proponent and an op- However, many of these facilities are problems. Unfortunately, some of these ponent, shall not be subject to amendment, loosely regulated, if they are even reg- treatment facilities have not provided and shall not be subject to a demand for divi- ulated at all. As a result, some of the the treatment these children need. sion of the question in the House or in the Instead, we have heard reports of Committee of the Whole. All points of order very facilities that are supposed to be against such amendments are waived except providing a safe environment for our abuse, neglect and even death. The those arising under clause 9 or 10 of rule XXI. Nation’s vulnerable children have, in- Government Accountability Office re- At the conclusion of consideration of the bill stead, provided us with some of the cently looked into these reports of for amendment the Committee shall rise and most shocking accounts of child abuse child abuse. report the bill to the House with such and neglect we have ever been witness While researching the reports, the amendments as may have been adopted. Any to. GAO found that the current patchwork Member may demand a separate vote in the A comprehensive report by the Gov- of Federal legislation and oversight ad- House on any amendment adopted in the dressing youth well-being have led to a Committee of the Whole to the bill or to the ernment Accountability Office recently committee amendment in the nature of a uncovered thousands of allegations of substantial disparity in protecting the substitute. The previous question shall be child abuse and neglect at private resi- well-being and civil rights of some of considered as ordered on the bill and amend- dential programs for teens. Tragically, the Nation’s most vulnerable youth. ments thereto to final passage without inter- in a number of these cases, this abuse The safety and well-being of these vul- vening motion except one motion to recom- and neglect led to the child’s death. nerable children is of great impor- mit with or without instructions. I won’t describe the horrifying sto- tance, and we must do all we can to SEC. 2. During consideration in the House ries, but I will say that they go far be- stop child abuse and neglect at residen- of H.R. 5876 pursuant to this resolution, not- tial treatment facilities. withstanding the operation of the previous yond simple maltreatment. The stories question, the Chair may postpone further are deplorable. They are inexcusable, For that reason I am pleased that the consideration of the bill to such time as may and they are inhumane. underlying legislation, the Stop Child be designated by the Speaker. This bill, H.R. 5876, will keep children Abuse in Residential Programs for The SPEAKER pro tempore (Mrs. safe by imposing new national stand- Teens Act, seeks to help remedy the TAUSCHER). The gentleman from Cali- ards for residential treatment pro- issues addressed in the GAO report. fornia is recognized for 1 hour. grams. These standards include prohi- The legislation seeks to ensure effec- Mr. CARDOZA. Madam Speaker, for bitions on denying children food, tive regulation, monitoring and en- the purpose of debate only, I yield the water, clothing, shelter or medical care forcement of residential treatment pro- customary 30 minutes to the gen- for any reason, including as a form of grams by the States, with the Federal tleman from Florida (Mr. LINCOLN punishment. Government playing an oversight role. DIAZ-BALART). All time yielded during The bill upholds core moral values by I would like to commend Chairman consideration of the rule is for debate specifically prohibiting programs from MILLER and Ranking Member MCKEON only. engaging in practices that physically, for working to bridge their differences GENERAL LEAVE sexually or mentally abuse or torment on this legislation. I think they should Mr. CARDOZA. Madam Speaker, I children in their care. be commended for coming up with a ask unanimous consent that all Mem- It requires programs to train staff in compromise acceptable to both sides of bers have 5 legislative days within understanding what constitutes child the aisle. which to revise and extend their re- abuse and neglect and how to report it, Unfortunately, unlike the Education marks on House Resolution 1276. and it requires programs to have emer- and Labor Committee, compromise and The SPEAKER pro tempore. Is there gency medical care plans in place. bipartisanship are concepts that do not objection to the request of the gen- The bill also includes several other make it past the door of the majority tleman from California? provisions, such as requiring programs in the Rules Committee, because the There was no objection. to disclose to parents the qualifica- majority there has blocked all Repub- Mr. CARDOZA. Madam Speaker, I tions of staff, notifying parents of sub- lican amendments. The majority might yield myself such time as I may con- stantiated reports of abuse, and pro- call this a structured rule, but for sume. viding grant money to States if they members on the minority side of the

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.009 H20JNPT1 jbell on PROD1PC69 with HOUSE H5736 CONGRESSIONAL RECORD — HOUSE June 20, 2008 aisle, this might as well be the 55th itations. There will be justice for dying. In fact, the Government Ac- closed rule in this Congress. criminals such as those so-called doc- countability Office report found thou- Not only does this rule completely tors in the psychiatric hospital tor- sands of cases of abuse and neglect at undermine the spirit of bipartisanship turing that 21-year-old man simply for residential programs for teens. The that Chairman MILLER and Ranking supporting a peaceful campaign of abuses include staff members forcing Member MCKEON worked so hard to change within the totalitarian state of children to remain in so-called ‘‘stress’’ achieve, it also stands in stark con- Cuba. positions for hours at a time and to un- trast to how the new majority prom- b 0930 dergo extreme physical exertion with- ised they would run the House of Rep- out food, water or rest. resentatives. I ask my friend, my dear friend, also Sadly, in a number of cases this Before the new majority took over a strong supporter of freedom wherever abuse has led to the deaths of children control of the House, they laid out there is injustice anywhere in the at the hands of the very people en- their promises for a more civil, more world, DENNIS CARDOZA, to join me in a trusted with their care. open, more transparent House in a doc- bipartisan spirit also denouncing those These are basic human rights being ument they entitled ‘‘The New Direc- torturers and putting them on notice denied to our children, children who tion for America.’’ that we will not forget their crimes are already struggling to find their The document provides clear guide- against that young man. way in this world, children who might lines for how legislation should move At this time, Madam Speaker, and suffer from mental disorders or other through the House. One of the promises returning to the subject of the legisla- conditions that make daily living in made in the document is, and I quote, tion, I see that Chairman MILLER is society much more challenging than ‘‘Bills should generally come to the here, and I thank him again, along for other kids their own age, children floor under a procedure that allows with Ranking Member MCKEON, for whose parents love them and want the open, full and fair debate consisting of their important work and especially in best for them and need help in address- a full amendment process that grants making possible this bipartisan legisla- ing the needs of these vulnerable the minority the right to offer its al- tion that is coming to the floor today, youth. ternative, including a substitute. the underlying legislation that we Parents, often desperate for help, Yet here we are today with a process bring to the floor today. feeling vulnerable as well, are sending that completely shuts out the minority I reserve the balance of my time. their children to facilities that are sold from offering any amendments. Obvi- Mr. CARDOZA. Madam Speaker, I as safe and responsible facilities. ously the majority left their campaign would like to acknowledge that my col- The GAO’s investigative work is promises on the campaign trail. league from Florida has been a true showing that a number of programs use I would ask all of my colleagues to champion on behalf of the pro-democ- deceptive marketing practices to ap- vote against this unfair rule which racy forces in Cuba; that certainly I peal to parents. In fact, it uncovered completely contradicts the majority’s join him in denouncing any of the hor- deception, fraud, and conflicts of inter- rhetoric about running the most open, rible acts that he described today, and est. In one scheme, a husband owns a honest, and transparent Congress in I praise the emotion and spirit with referral service and the wife owned a history. which he brings his fight towards de- residential treatment facility. It was Madam Speaker, at this time I would mocracy in Cuba to the floor. Thank revealed that her location received like to address a separate issue. Last you, Mr. DIAZ-BALART. more referrals from her husband’s serv- week we received the desperate plea of But I will tell you, however much I ice than any other providers. a father in Cuba. The father’s name, praise his efforts there, with regard to Parents are sold a bill of goods about Pedro Andres Ferrera, concerns his 21- the seven amendments that he talked the facilities and are enticed by adver- year-old son, Yuselin Ferrera, who at about, the seven Republican amend- tising schemes portraying these pro- this time, as we speak, is being tor- ments submitted in the Rules Com- grams as safe, with a professional staff, tured in the psychiatric hospital in mittee, they were disposed of in I be- and high-quality environments for Sagua la Grande, Cuba, the San Luis lieve a very fair and equitable manner. their children. psychiatric hospital. Two were withdrawn by the authors. Yet it is too often not true, and trag- His crime—a bracelet like the one I One was addressed in the manager’s ically, at times, the end result is the am wearing, that has the word amendment. The amendment of the death of a child. ‘‘change’’ in it. This young man, 21 gentleman from Utah (Mr. BISHOP) was That’s why it is absolutely crucial years old, supports freedom and democ- addressed in the manager’s amend- that we make sure that children are racy. For that crime, at this moment, ment. Two amendments amended por- kept safe when they are in these facili- he is in the San Luis psychiatric hos- tions of the bill that were deleted by ties by setting minimum safety stand- pital in Sagua la Grande, Cuba, being the manager’s amendment and thus are ards. Minimum; why are we even set- tortured. moot; and two dealt with earmarks ting them at minimum? His father’s plea, which is really ex- that are not in the bill. So frankly, all You know, it seems like every week I traordinary, describes continuous in- of the amendments were dealt with in am up here on the floor talking about terrogations that the young man is a fair and evenhanded manner. I be- how we need to protect our children. being subjected to, with the objective lieve this truly is a bipartisan bill. That’s why it is absolutely crucial that of changing his way of thinking so that It is with that spirit, Madam Speak- we establish standards and stop ‘‘boot he will renounce, give up his probative er, that I yield 5 minutes to the gentle- camps’’ from using the kind of decep- democracy beliefs. woman from New York (Mrs. MCCAR- tive marketing that has drawn in so His father, in his desperation, said THY), the chairman of the Healthy many parents. that he makes responsible for the con- Families Subcommittee and a cham- I am pleased that the bill contains sequences that may ensue to his son pion for children. some aspects to address all deceptive the Cuban dictatorship and, specifi- Mrs. MCCARTHY of New York. marketing tactics employed by some cally, its state security apparatus. Madam Speaker, I thank the Rules owners or operators of residential I, at this time, join with Pedro An- Committee and I stand in support of treatment facilities. dres Ferrera, the father of that young the rule. I want to say thank you to One section requires that all printed man, 21-year-old Yuselin Ferrera, to Chairman MILLER and the committee material from the facility include a also make responsible publicly the staff for working with me on this im- link to a Web site that has a database jailers, so-called doctors, torturers of portant legislation, and for Mr. MIL- about past incidents and violations. We the young man, Yuselin Ferrera. Let LER’s personal leadership on this issue do that with our college students so them not think even for one instant over the years. parents can actually look to see how that we will forget this crime. Let When we started working on this safe that particular college is. And yet them not think even for one moment issue in committee, I became outraged we are having a hard time trying to do that this crime against humanity will over the testimony that I was hearing. this for children who need our help im- be subject to any sort of statute of lim- You see, children in this country are mensely, and the parents. The parents

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.006 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5737 are facing difficult choices to do what- Tragically, a number of these cases they need to make sound choices about ever they can to help their child. And have resulted in the death of a child. the care of their children. I hope that yet they are given false information. This legislation will help ensure that we can adopt this rule. Another section specifies that a new children are safe no matter what set- Madam Speaker, let me just say this. Web site include not just the name and ting they are in. It will also provide I have been involved in this issue for location of each facility, but also the parents with the information they need almost 30 years. These abusive pro- owner and operator of the facility so to make safe choices on behalf of their grams of children in wilderness camps the parents can watch out for the bad children. and boot camps and whatever they call operators. The rule we are considering today is themselves, wagon trains to the future, Furthermore, even though we did not a fair one. It makes in order the Miller- have gone on for many years. There are include language requiring all pro- McKeon manager’s amendment and one many, many programs that take care motional and informational materials other amendment offered by Ms. SHEA- of children in residential settings, very distributed by the facilities be subject PORTER, a member of the Education troubled children, and these programs to appropriate guidelines, such as those and Labor Committee. Mr. MCKEON and offer specialized care to those children specified by the Federal Trade Com- his staff have worked alongside our and treatment of those children, and mission Act due to jurisdictional staff to make sure that we could do many parents have written to Members issues, we will continue to monitor the this is in bipartisan fashion, and the of Congress and my friends and others deceptive marketing practices on these manager’s amendment reflects the who have sent their children to these programs. changes to be made to improve the leg- programs, have experienced some suc- Madam Speaker, we need minimum islation since it left the committee. cess with the care of those children to safety standards for these public and Of the 10 amendments originally sub- get rid of addictive behavior and abu- private residential treatment facilities. mitted to the Rules Committee, our bi- sive behavior on behalf of those chil- It is past time to bring these programs partisan compromise incorporates and dren. to a level of basic safety which protects makes unnecessary seven of those But yet within this industry, there is children and prevents further abuse amendments. It would be disingenuous a group of homes that continue to trav- from happening. for anyone to come to the floor and op- el from State to State without aware- I promise—and I am positive that pose this rule since it takes into con- ness by the State or not caring by the Chairman MILLER will, too—we will sideration those concerns. State, or falling through the regula- continue to work on this. But as with I want to thank Mr. MCKEON for tions, no Federal regulations, no State a lot of things that come through our working on this legislation so that we regulations, and those are the pro- committee, we have to work with both would have a bill with few amendments grams that have abused these children. sides so we can get a bill through and but we would address the concerns of We have worked with professional as- passed and on its way to the President. the Members. In the course of crafting sociations. We have worked with trade But I have to say in cases like this, I the manager’s amendment, we worked associations. We have worked with in- wish we could have gone further to pro- with several Members on provisions dividuals who run homes of high rep- tect the children, to protect the par- that are now reflected in the com- utation to develop a set of regulations ents. I urge passage of this rule. promise. Representatives CUELLAR, that make sure that parents will be Mr. LINCOLN DIAZ-BALART of ROTHMAN and MATHESON each made aware of the placement of their chil- Florida. I would ask my friend if he has valuable improvements to the man- dren, the care they are likely to re- any additional speakers on the rule. ager’s amendment, and we thank them ceive, and the skills and the training of Mr. CARDOZA. Madam Speaker, I for their input. the people who take care of them, be- have one additional speaker at this Mr. BISHOP of Utah submitted an cause that is not true today. time. amendment to the Rules Committee As we found out in a GAO report, as Mr. LINCOLN DIAZ-BALART of which we believed raised legitimate Mrs. MCCARTHY pointed out, there are Florida. Madam Speaker, I reserve the concerns, and we made a number of deceptive practices of people who have balance of my time. changes in the manager’s amendment huge financial interest in the outcome Mr. CARDOZA. Madam Speaker, I to, we believe, fully address his con- of referring a family to those homes. yield 5 minutes to the gentleman from cerns. Two other amendments on the The SPEAKER pro tempore. The gen- California (Mr. GEORGE MILLER), the other side of the aisle were made moot tleman’s time has expired. chairman of the Education and Labor by the bipartisan agreement, and yet Mr. CARDOZA. I yield the gentleman Committee and a true champion for they were not withdrawn. 2 additional minutes. children in this House. This should not be a partisan issue. Mr. GEORGE MILLER of California. Mr. GEORGE MILLER of California. The GAO has found thousands of docu- I thank the gentleman. I want to thank the gentleman for mented cases and allegations of child And that is what this is about. That yielding, and I want to thank the Rules abuse and neglected children—stretch- is where we saw this incredibly abusive Committee for reporting this rule to ing back decades—in teen residential behavior, and in a number of instances, the floor and I want to thank Mr. programs. simply lethal, to these children. The CARDOZA for managing this legislation. In hearings before our committee, we children died in the care in which their He has spent his entire public life being heard horrific stories about the way parents had placed them because the concerned about children at risk. And children in these programs were treat- parents were not aware of how poorly clearly the children we seek to protect ed by uncaring, untrained, and abusive run these facilities were. In a couple of in this bill are at serious risk. staff members. For example, children cases, referrals for criminal pro- I also want to thank the gentle- were forced to eat food to which they ceedings against those individuals have woman from New York (Mrs. MCCAR- were known to be allergic. They were been made. THY) for all of her effort on this legisla- required to remain in so-called Why is this bill important, because tion. She, too, has spent her entire ‘‘stress’’ positions for hours, and to these children are out-of-home place- time in Congress trying to make sure keep hiking even though it became ments, and we have to understand the that our children are safe in whatever clear they needed immediate medical responsibility of those individuals who setting we have responsibility for, attention. represent themselves that they can whether it is in high schools or colleges Madam Speaker, the time for Con- provide treatment and they can pro- or in this case residential programs. gress to act is long past due. The weak vide care. If that’s not true, the par- This legislation is designed to ad- patchwork of State laws and regula- ents ought to know it. This is simple dress in a reasonable manner a very se- tions governing teen residential pro- awareness by parents of the care their rious problem that has come to the at- grams have permitted these abuses to children are going to receive. tention of the Education and Labor continue for far too long. We must act It is hard to believe that you could Committee this last year when we to prevent children from being put at put your child into a program and the started looking at the abuse and ne- risk. This bill will help keep children child could die of dehydration or die of glect in teenage residential programs. safe and help parents get information simple neglect because people refuse to

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.008 H20JNPT1 jbell on PROD1PC69 with HOUSE H5738 CONGRESSIONAL RECORD — HOUSE June 20, 2008 call medical personnel to the care of lining the refinery application process. offered by Representative Dingell of Michi- these children because they said that It will also require the President to gan or Representative Skelton of Missouri, the children were faking. No, they open at least three closed military in- which shall be considered as read and shall weren’t faking, they were dying. They stallations for the purpose of siting be separately debatable for 40 minutes equal- ly divided and controlled by the proponent were dying, and people stood around new and reliable American refineries. and an opponent; and (3) one motion to re- and said they were faking it, don’t Madam Speaker, I ask unanimous commit with or without instructions. touch them, don’t go near them, and consent to insert the text of the (The information contained herein was they died on the trail. They needed amendment and extraneous material provided by Democratic Minority on mul- water. No, they were faking, and they immediately prior to the vote on the tiple occasions throughout the 109th Con- pushed them on to hike out in the previous question. gress.) The SPEAKER pro tempore. Is there desert in the heat, and they died of de- THE VOTE ON THE PREVIOUS QUESTION: WHAT hydration. objection to the request of the gen- IT REALLY MEANS Children standing in stress positions tleman from Florida? that look more like Guantanamo Bay There was no objection. This vote, the vote on whether to order the Mr. LINCOLN DIAZ-BALART of previous question on a special rule, is not than look like a care facility for Amer- merely a procedural vote. A vote against or- ican children. Children standing in a Florida. By voting ‘‘no’’ on the pre- dering the previous question is a vote stress position with their hands out vious question, Members can take a against the Democratic majority agenda and with a hood around their neck and a stand against high fuel prices and in a vote to allow the opposition, at least for hangman’s noose for hours while others favor of taking action to confront that the moment, to offer an alternative plan. It children watched and participated in problem. is a vote about what the House should be de- the treatment of those children. That’s I encourage a ‘‘no’’ vote on the pre- bating. not the care of children. There is no vious question, and I yield back the Mr. Clarence Cannon’s Precedents of the professional organization that recog- balance of my time. House of Representatives, (VI, 308–311) de- nizes that kind of care for the treat- Mr. CARDOZA. Madam Speaker, in scribes the vote on the previous question on the rule as ‘‘a motion to direct or control the ment of children. And yet those homes closing, I’d like to remind my friend and colleague from Florida that it has consideration of the subject before the House blemish the reputation of facilities and being made by the Member in charge.’’ To organizations that are trying to care been the other body, the Republicans defeat the previous question is to give the for very difficult children. in the other body and the White House opposition a chance to decide the subject be- And as CAROLYN MCCARTHY said, who have stymied the Democratic ef- fore the House. Cannon cites the Speaker’s these parents are at their wit’s end. forts to actually reduce gas prices and ruling of January 13, 1920, to the effect that They have tried almost everything. We provide alternative energy for this ‘‘the refusal of the House to sustain the de- need to make sure that the next thing country. Certainly, it is a problem, and mand for the previous question passes the control of the resolution to the opposition’’ they try is safe and well-organized for certainly, the American people are very frustrated at paying $4 or more, in in order to offer an amendment. On March the care of their children. 15, 1909, a member of the majority party of- my State it’s much more for a gallon of b 0945 fered a rule resolution. The House defeated gas. But had we at least moved in a the previous question and a member of the Mr. LINCOLN DIAZ-BALART of new direction, we could be heading in opposition rose to a parliamentary inquiry, Florida. Madam Speaker, I assume that direction. But we have been to- asking who was entitled to recognition. from my friend that he has no further tally stymied by the White House and Speaker Joseph G. Cannon (R–llinois) said: speakers on the rule. the Senate on these questions. ‘‘The previous question having been refused, Mr. CARDOZA. I am the final speak- Madam Speaker, today’s bill deals the gentleman from New York, Mr. Fitz- er on my side of the aisle. with children, and there is an urgent gerald, who had asked the gentleman to Mr. LINCOLN DIAZ-BALART of yield to him for an amendment, is entitled to problem in many residential treatment the first recognition.’’ Florida. Madam Speaker, back on April facilities that have gone unchecked for 24 of 2006, just over 2 years ago, Speak- Because the vote today may look bad for far too long and must be addressed. the Democratic majority they will say ‘‘the er NANCY PELOSI issued the following H.R. 5876 will go a long way towards vote on the previous question is simply a statement, which I quote: ensuring the safety of our Nation’s vote on whether to proceed to an immediate ‘‘With skyrocketing gas prices it is children who depend on these treat- vote on adopting the resolution . . . [and] clear that the American people can no ment facilities. has no substantive legislative or policy im- longer afford the Republican Rubber Again, I ask my colleagues on both plications whatsoever.’’ But that is not what stamp Congress and its failure to stand sides of the aisle to support this com- they have always said. Listen to the defini- up to Republican big oil and gas com- monsense legislation to protect our tion of the previous question used in the Floor Procedures Manual published by the pany cronies. Americans this week are kids in these treatment facilities. paying $2.91 a gallon on average for Rules Committee in the 1091th Congress, I urge a ‘‘yes’’ vote on the rule and (page 56). Here’s how the Rules Committee regular gasoline, 33 cents higher than on the previous question. described the rule using information from last month, and double the price when The material previously referred to Congressional Quarterly’s ‘‘American Con- President Bush first came into office.’’ by Mr. LINCOLN DIAZ-BALART of Florida gressional Dictionary’’: ‘‘If the previous Madam Speaker, most Americans is as follows: question is defeated, control of debate shifts would be happy if they were paying AMENDMENT TO H. RES. 1276 OFFERED BY MR. to the leading opposition member (usually $2.91 today for a gallon of gasoline. LINCOLN DIAZ-BALART OF FLORIDA the minority Floor Manager) who then man- ages an hour of debate and may offer a ger- When Americans are paying over $4 for At the end of the resolution, add the fol- mane amendment to the pending business.’’ gasoline, we should be working on leg- lowing: islation to lower the cost of gasoline, SEC. 3. Immediately upon the adoption of Deschler’s Procedure in the U.S. House of increasing domestic energy explo- this resolution the House shall, without Representatives, the subchapter titled intervention of any point of order, consider ‘‘Amending Special Rules’’ states: ‘‘a refusal ration, reducing our reliance on unsta- to order the previous question on such a rule ble foreign sources of oil. in the House the bill (H.R. 2279) to expedite the construction of new refining capacity on [a special rule reported from the Committee So today, I urge my colleagues to de- closed military installations in the United on Rules] opens the resolution to amend- feat the previous question so that this States. All points of order against the bill ment and further debate.’’ (Chapter 21, sec- House can immediately consider solu- are waived. The bill shall be considered as tion 21.2) Section 21.3 continues: Upon rejec- tions to rising energy costs. By defeat- read. The previous question shall be consid- tion of the motion for the previous question ing the previous question, I will move ered as ordered on the bill and any amend- on a resolution reported from the Committee to amend the rule to allow for consid- ment thereto to find passage without inter- on Rules, control shifts to the Member lead- vening motion except: (1) one hour of debate ing the opposition to the previous question, eration of H.R. 2279, Expanding Amer- who may offer a proper amendment or mo- ican Refinery Capacity on Closed Mili- on the bill equally divided and controlled by the chairman and ranking member of the tion and who controls the time for debate tary Installations, introduced by Rep- Committee on Energy and Commerce, and thereon.’’ resentative PITTS. the chairman and ranking member of the Clearly, the vote on the previous question This legislation would significantly Committee on Armed Services; and (2) an on a rule does have substantive policy impli- reduce the cost of gasoline by stream- amendment in the nature of a substitute if cations. It is one of the only available tools

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.009 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5739 for those who oppose the Democratic major- Madam Speaker, House Resolution Unfortunately, under the old system ity’s agenda and allows those with alter- 1285 provides for consideration of H.R. we would never know if adequate au- native views the opportunity to offer an al- 6304, the FISA Amendments Act of 2008. thorization and substantial evidence, ternative plan. The rule provides 1 hour of debate for that matter, ever existed. Thanks Mr. CARDOZA. Madam Speaker, I equally divided among and controlled to this bipartisan agreement, we now yield back my time, and I move the by the chairman and ranking minority will. previous question on the resolution. member of the Committee on the Judi- Madam Speaker, we have come a The SPEAKER pro tempore. The ciary and the chairman and ranking long way over the last few months. We question is on ordering the previous minority member on the Permanent can all agree that the world changed on question. Select Committee on Intelligence. September 11, 2001. Our Nation faces The question was taken; and the Madam Speaker, we have come a new threats on new fronts. What we are Speaker pro tempore announced that long way on the crucial issue of intel- doing here today is proof that we can the ayes appeared to have it. ligence gathering. First, I must com- come together, Republicans and Demo- Mr. LINCOLN DIAZ-BALART of mend our majority leader, Mr. HOYER, crats, to provide our Nation’s intel- Florida. Madam Speaker, on that I de- for his commitment and dedication to ligence community with the necessary mand the yeas and nays. reaching a sensible, bipartisan and bi- The yeas and nays were ordered. tools to face and fight those threats, cameral agreement on FISA. Ensuring while protecting the civil liberties of The SPEAKER pro tempore. Pursu- that we provide our Nation’s intel- ant to clause 8 of rule XX, further pro- Americans, and ensuring that the ligence community with the necessary rights guaranteed under the Constitu- ceedings on this question will be post- tools and resources to prevent a future poned. tion are not mere words but, rather, terrorist attack on our Nation must solemn ideas that our Nation holds f transcend partisan politics, and doing dear. PROVIDING FOR CONSIDERATION it in a way that protects the rights I reserve the balance of my time. OF H.R. 6304, FISA AMENDMENTS guaranteed to law-abiding Americans Mr. HASTINGS of Washington. ACT OF 2008 under this Constitution. Madam Speaker, I want to thank the Clearly, thanks to the hard work of Mr. ARCURI. Madam Speaker, by di- gentleman from New York (Mr. Mr. HOYER, Minority Whip BLUNT, rection of the Committee on Rules, I ARCURI) for yielding me the customary Chairman REYES and many others, we call up House Resolution 1285 and ask 30 minutes, and I yield myself as much will continue to work to protect the for its immediate consideration. time as I may consume. American people today. (Mr. HASTINGS of Washington asked The Clerk read the resolution, as fol- Bringing this FISA agreement to the lows: and was given permission to revise and floor is the result of months of long extend his remarks.) H. RES. 1285 and thoughtful deliberation between Resolved, That upon the adoption of this Mr. HASTINGS of Washington. the House and Senate, Democrats and Madam Speaker, I am very pleased to resolution it shall be in order to consider in Republicans, and the White House. the House the bill (H.R. 6304) to amend the be able to urge my colleagues to sup- Foreign Intelligence Surveillance Act of 1978 What we’re doing today is proof that port this rule and the underlying bipar- we in the House should not have to just to establish a procedure for authorizing cer- tisan bill to update our Nation’s For- settle on the will of the Senate. It’s tain acquisitions of foreign intelligence, and eign Intelligence Surveillance Act. for other purposes. All points of order proof that we can achieve a bipartisan, Since the Protect America Act ex- against consideration of the bill are waived bicameral agreement on how our Na- pired in February, our Nation has been except those arising under clause 9 or 10 of tion gathers its intelligence. This type relying on an outdated 1970s law to rule XXI. of bipartisanship is precisely what the monitor foreign persons in foreign The bill shall be considered as read. All American people expect of us. points of order against provisions of the bill Today we’re not voting on the Senate places who seek to do our Nation’s citi- are waived. The previous question shall be version of the bill, instead we have the zens harm. At long last, Madam Speak- considered as ordered on the bill to final pas- er, the House will be permitted to vote sage without intervening motion except: (1) opportunity to vote in favor of a sen- sible, bipartisan FISA bill that will on a bipartisan bill that our Nation’s one hour of debate equally divided among intelligence leaders are confident will and controlled by the chairman and ranking help protect our Nation from ter- minority member of the Committee on the rorism, while protecting the civil lib- allow them to do their jobs without Judiciary and the chairman and ranking mi- erties we, as Americans, hold dear. costly delays and mountains of paper- nority member of the Permanent Select I also admit that I don’t think the work. Committee on Intelligence; and (2) one mo- FISA agreement is perfect, but seldom This bill is not perfect, but it takes tion to recommit. should we expect an opportunity to vital steps to modernize FISA to re- SEC. 2. During consideration of H.R. 6304, flect 21st century cell phone and Inter- pursuant to this resolution, notwithstanding vote in favor of legislation that every Member of this Chamber believes to be net technology, and to protect our Na- the operation of the previous question, the tion from today’s determined and so- Chair may postpone further consideration of perfect. the bill to such time as may be designated by Effective legislation demands bipar- phisticated terrorist threats. the Speaker. tisan consensus. And an example of In February, 68 Senators voted to The SPEAKER pro tempore. The gen- such bipartisan consensus is the issue pass a bipartisan compromise. Yet, tleman from New York is recognized of immunity for telecom companies. ever since that overwhelming bipar- for 1 hour. The civil liberty protection provision tisan Senate vote, the liberal leaders of Mr. ARCURI. Madam Speaker, for in this agreement finally removes the this House have refused to allow a vote purposes of debate only, I yield the cus- shackles for our telecom companies to because they knew a majority would tomary 30 minutes to the gentleman tell their side of the story. No longer pass it. Republicans tried for months from Washington (Mr. HASTINGS). All can the administration step in and as- to advance the bipartisan Senate com- time yielded during consideration of sert the ‘‘State Secrets Privilege’’ and promise to a vote in the House, but we the rule is for debate only. deny telecom companies and the plain- were blocked time after time. Today, GENERAL LEAVE tiff seeking to protect his or her Con- this blockade will be broken when Mr. ARCURI. I ask unanimous con- stitutional rights the opportunity to Democrats join Republicans in voting sent that all Members have 5 legisla- make their case in front of a judge. to pass the bipartisan FISA moderniza- tive days within which to revise and As a former district attorney, I for tion bill. extend their remarks and insert extra- one couldn’t agree more that if the in- So Madam Speaker, I urge my col- neous materials into the RECORD. telligence community goes to a leagues to vote for this rule and the The SPEAKER pro tempore. Is there telecom company with adequate au- underlying bill. objection to the request of the gen- thorization and says, we need commu- I reserve the balance of my time. tleman from New York? nication records for person X because Mr. ARCURI. Madam Speaker, I’d There was no objection. he or she is believed to be a terrorist, just like to read a quote today from Mr. ARCURI. Madam Speaker, I yield the telecom company deserves to be af- The Washington Post on the FISA leg- myself such time as I may consume. forded that protection. islation that we are considering today.

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.002 H20JNPT1 jbell on PROD1PC69 with HOUSE H5740 CONGRESSIONAL RECORD — HOUSE June 20, 2008 The article is entitled ‘‘A Better Sur- gram and it fails to adequately protect the pri- recipients are known at the time of acquisition veillance Law.’’ I just want to read one vacy rights of law abiding, innocent American to be located in the United States.’’ excerpt from it: citizens. Furthermore, the bill has a four year Yes. It is true that H.R. 6304, the com- ‘‘Congress shows it still knows how to sunset provision which, in my view, is much promise legislation, attempts to ensure that reach a compromise in the national interest. too long. American civil liberties are protected, but the Congressional leaders in both parties should I know that we live in a dangerous world. I operative language in the legislation does not be commended for drafting legislation that am well aware that there are some who want provide a paradigm for consistency. This is so brings the country’s surveillance laws into to do us harm. It is for that reason I under- because it does not provide an objective cri- the 21st century, while protecting civil lib- erties and preserving important national se- stand the need to update our laws to better terion. H.R. 6304 does not go as far as the curity prerogatives.’’ protect our people. legislation that the House sent over to the I continue to believe that we can do that— Madam Speaker, it’s this type of bi- Senate a few months ago. H.R. 6304 does not without turning our backs on the values and partisanship that I think the American retain the objective standards contained in my principles that make America unique and people expect out of Congress. And I amendment. great. This bill goes too far. I urge a ‘‘no’’ vote. The language used in my amendment, ‘‘sig- believe that, as my colleague from Ms. JACKSON-LEE of Texas. Madam nificant purpose,’’ is a term of art that long has Washington just said, this bill is not Speaker, I rise today in opposition to the rule been a staple of FISA jurisprudence and thus perfect. But it is the kind of com- on H.R. 6304, the ‘‘FISA Amendments Act of is well known and readily applied by agencies, promise that people expect from their 2008.’’ I am disappointed that I did not have legal practitioners, and the FISA Court. Thus, congressional leaders in a way that the opportunity to restore my language regard- the Jackson Lee amendment provided a clear- protects us, and, at the very same ing reverse targeting, which was included in er, more objective criterion for the Administra- time, ensures that the civil liberties the FISA legislation passed by the House. tion to follow and the FISA court to enforce to guaranteed under the Constitution, This body has worked diligently with our col- prevent the practice of reverse targeting with- again, are not just mere words but leagues in the Senate to ensure that the civil out a warrant, which all of us can agree rather strong ideals that we preserve. liberties of American citizens are appropriately should not be permitted. So, again, I strongly urge my col- addressed. Sadly, this compromise bill, falls A FISA order should be required in those in- leagues to support this rule. With that, short of that aim. I will support no bill that fails stances where there is a particular, known I would reserve the balance of my time. person in the United States at the other end Mr. HASTINGS of Washington. to protect American civil liberties, both at of the foreign target’s call in whom the Gov- Madam Speaker, if I could inquire of home and abroad. The bill contains a general ban on reverse ernment has a significant interest such that a my friend from New York, I have no re- targeting. However, it lacks the strong lan- significant purpose of the surveillance has be- quests for time and I’m prepared to guage that I worked so diligently to include in come to acquire that person’s communica- yield back if the gentleman is prepared the original House legislation sent to the Sen- tions. This protection has been stripped from to close. Mr. ARCURI. Madam Speaker, we’re ate. In my view, the RESTORE Act is far su- H.R. 6304. I fought hard to keep this language waiting on several speakers who aren’t perior to this piece of legislation. I wish to take in the bill because it is important to me; and here yet. But if the gentleman is ready a few moments to discuss the improvement it should be very important to members of this to close, we are prepared to close as that I offered to the RESTORE Act in the full body and to all Americans. It is important that well. Judiciary Committee markup, and which was we require what should be required in all Mr. HASTINGS of Washington. With sent over to the Senate for consideration just cases—warrant anytime there is specific, tar- that, Madam Speaker, I yield back my a few months ago. geted surveillance of a United States citizen. time. My amendment, which was added during I am unable to support this bill that will over- Mr. ARCURI. Madam Speaker, as I the markup, made a constructive contribution haul how the Government monitors foreign ter- said earlier, we have come a long way to the RESTORE Act by laying down a clear, rorist suspects. I will not support any legisla- over the last few months. We can all objective criterion for the administration to fol- tion that grants legal immunity to telecommuni- agree that the world changed on Sep- low and the FISA court to enforce in pre- cations companies that provide information to tember 11, 2001. Our Nation faces new venting reverse targeting. Federal investigators without a warrant. threats on new fronts. What we’re Reverse targeting is the practice where the Madam Speaker, this administration has the doing here today is proof that we can Government targets foreigners without a war- law to protect the American people. When come together, Republicans and Demo- rant while its actual purpose is to collect infor- Americans are involved, the Bill of Rights, the crats, to provide our Nation’s Intel- mation on certain U.S. persons. fourth amendment, civil liberties must be ad- ligence Community with the necessary One of the major concerns that libertarians hered to. This legislation does not go far tools to fight terrorism while pro- and classical conservatives, as well as pro- enough to ensure that American rights are tecting civil liberties of Americans. gressives and civil liberties organizations, protected. have with this legislation, as they did with its The original legislation offered by the House b 1000 successor, the Protect America Act, is that the Majority gave the Administration everything Again, I commend Majority Leader temptation of national security agencies to en- that it needed, but today, after months of ne- HOYER, Minority Leader BLUNT, Chair- gage in reverse targeting may be difficult to gotiation, if we endorse H.R. 6304, which man REYES and CONYERS, and many resist in the absence of certain safeguards in grants sweeping wiretapping authority to the others who were able to go beyond the the law to prevent it. Government with little court oversight and en- partisanship that too often consumes My amendment attempted to produce such sures the cases against the dismissal of all this Chamber and deliver a sensible safeguards. My amendment reduced even fur- pending telecommunications companies, we FISA bill that we can be proud of. ther any such temptation to resort to reverse are shredding the Constitution. I urge a ‘‘yes’’ vote on the previous targeting by requiring the administration to ob- Let me explain my objections to H.R. 6304. question and on the rule. tain a regular, individualized FISA warrant It permits the Government to conduct mass, Mr. MCGOVERN. Madam Speaker, I will op- whenever the ‘‘real’’ target of the surveillance untargeted surveillance of all communications pose the underlying FISA bill. is a person in the United States. coming into and out of the United States, with- Yes, this represents a compromise. It is bet- The amendment achieved this objective by out any individualized review, and without any ter than what President Bush first proposed. requiring the administration to obtain a regular finding of wrongdoing. But, that’s not good enough. That’s not a high FISA warrant whenever a ‘‘significant purpose H.R. 6304 permits minimal court oversight. enough standard. of an acquisition is to acquire the communica- The Foreign Intelligence Surveillance Court I want to remind my colleagues that what tions of a specific person reasonably believed (FISA Court) only reviews general procedures we are debating today is something very seri- to be located in the United States.’’ for targeting and minimizing the use of infor- ous. We are talking about our most basic civil It is far from clear how the operative lan- mation that is collected. Under these cir- liberties and civil rights. And when it comes to guage ‘‘reasonably designed to ensure that cumstances, the court may not know, what or those issues and principles we must be very, any acquisition authorized . . . is limited to where will actually be tapped. very careful. targeting persons reasonably believed to be Madam Speaker, I have more objections to This compromise still provides immunity for located outside the United States; and prevent H.R. 6304 which I will quickly note. H.R. 6304 telecom companies that may have participated the intentional acquisition of any communica- contains an ‘‘exigent’’ circumstances loophole in President Bush’s illegal surveillance pro- tion as to which the sender and all intended that thwarts the judicial review requirement.

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\K20JN7.014 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5741 The bill permits the Government to start a spy- and the post-9/11 loosening of regulations Engel Larsen (WA) Richardson English (PA) Larson (CT) Rodriguez ing program and wait to go to court for up to governing information sharing, the risk of inter- Eshoo Latham Ross seven (7) days every time ‘‘intelligence impor- cepting and disseminating the communications Etheridge Lee Rothman tant to the national security of the U.S. may be of ordinary Americans is vastly increased, re- Farr Levin Roybal-Allard lost or not timely acquired.’’ The problem with quiring more precise—not looser—standards, Filner Lewis (GA) Ryan (OH) Foster Lipinski Salazar H.R. 6034 is that court applications take time closer oversight, new mechanisms for mini- Frank (MA) Loebsack Sa´ nchez, Linda and will delay the collection of information. mization, and limits on retention of inadvert- Giffords Lofgren, Zoe T. Therefore, it is possible that there will not be ently intercepted communications. Gillibrand Lowey Sanchez, Loretta Gonzalez Lynch Sarbanes resort to prior judicial review. Madam Speaker, I encourage my col- Goode Mahoney (FL) Under H.R. 6304, the Government is per- Schakowsky leagues to join me in opposing the rule on Goodlatte Maloney (NY) Schiff mitted to continue surveillance programs even H.R. 6304. In my view, this is wrong and un- Green, Al Markey Schwartz if the application is denied by the court. The acceptable. Green, Gene Marshall Scott (GA) Grijalva Matheson Scott (VA) Government has the authority to wiretap Mr. Arcuri. I yield back the balance Gutierrez Matsui Serrano through the entire appeals process, and then Hall (NY) McCarthy (NY) of my time, and I move the previous Sestak Hare McCollum (MN) keep and use whatever it gathers in the mean- question on the resolution. Shea-Porter Harman McDermott Sherman time. The previous question was ordered. Hastings (FL) McGovern Sires I am also troubled by H.R. 6304’s dismissal The resolution was agreed to. Hastings (WA) McIntyre Skelton of all, cases pending against telecommuni- Hayes McNerney A motion to reconsider was laid on Slaughter cation companies that facilitated the the table. Herseth Sandlin McNulty Higgins Meek (FL) Smith (WA) warrantless wiretapping program over the last Snyder f Hinchey Melancon 7 years. The test in the bill is not whether the Hinojosa Michaud Solis Hirono Miller (FL) Space Government certifications were actually ANNOUNCEMENT BY THE SPEAKER Speier legal—only whether they were issued. Be- Hodes Miller (NC) PRO TEMPORE Holden Miller, George Spratt cause it is public knowledge that they were, all Holt Mollohan Sutton the cases seeking to find out what these com- The SPEAKER pro tempore. Pursu- Honda Moore (KS) Tanner panies and the Government did without com- ant to clause 8 of rule XX, proceedings Hooley Moore (WI) Tauscher will resume on questions previously Hoyer Moran (VA) Taylor munications will be dismissed. Under this bill, Thompson (MS) postponed. Hulshof Murphy (CT) we will start as a tabula rasa. Telecommuni- Inslee Murphy, Patrick Tierney cations companies will be prevented from hav- Votes will be taken in the following Israel Murtha Tsongas Udall (NM) ing their day in court and we, the American order: approval of the Journal, de novo; Jackson (IL) Nadler ordering the previous question on H. Jackson-Lee Napolitano Van Hollen people, will never have a chance to know (TX) Neal (MA) Vela´ zquez what the companies did and what information Res. 1276, by the yeas and nays; adop- Jefferson Obey Walz (MN) is collected. I am deeply troubled by this, and tion of H. Res. 1276, if ordered. Johnson (GA) Olver Wasserman Schultz frankly, you should be, too. The first electronic vote will be con- Johnson (IL) Ortiz ducted as a 15-minute vote. Remaining Johnson, E. B. Pallone Waters Madam Speaker, let me be clear in my op- Jones (OH) Pascrell Watson position. Nothing in the Act or the amend- electronic votes will be conducted as 5- Kagen Pastor Watt ments to the Act should require the Govern- minute votes. Kanjorski Payne Waxman Kaptur Perlmutter Weiner ment to obtain a FISA order for every over- f Kildee Pomeroy Welch (VT) seas target on the off chance that they might Kilpatrick Price (NC) Wexler pick up a call into or from the United States. THE JOURNAL Kind Pryce (OH) Whitfield (KY) Rather, what should be required, is a FISA Kirk Rahall Wilson (OH) The SPEAKER pro tempore. Pursu- Klein (FL) Rangel Woolsey order only where there is a particular, known ant to clause 8 of rule XX, the unfin- Kuhl (NY) Reichert Wu person in the United States at the other end ished business is the question on agree- Lampson Reyes Yarmuth of the foreign target’s calls in whom the Gov- ing to the Speaker’s approval of the NAYS—168 ernment has a significant interest such that a Journal which the Chair will put de Aderholt Ehlers LoBiondo significant purpose of the surveillance has be- novo. Akin Ellsworth Lucas come to acquire that person’s communica- The question is on the Speaker’s ap- Alexander Emerson Lungren, Daniel tions. Altmire Everett E. proval of the Journal. Bachus Fallin Mack Thus, the way forward to victory in the war The question was taken; and the Barrett (SC) Feeney Manzullo on terror is for the United States country to re- Speaker pro tempore announced that Biggert Flake Marchant double its commitment to the Bill of Rights and the ayes appeared to have it. Bilirakis Forbes McCarthy (CA) the democratic values which every American Blackburn Fossella McCaul (TX) Mr. ARCURI. Madam Speaker, on Boehner Foxx McCotter will risk his or her life to defend. It is only by that I demand the yeas and nays. Bonner Franks (AZ) McCrery preserving our attachment to these cherished The yeas and nays were ordered. Bono Mack Frelinghuysen McHenry values that America will remain forever the Boozman Gallegly McHugh The vote was taken by electronic de- Brady (TX) Garrett (NJ) McKeon home of the free, the land of the brave, and vice, and there were—yeas 230, nays Broun (GA) Granger McMorris the country we love. 168, not voting 36, as follows: Buchanan Graves Rodgers Madam Speaker, FISA has served the Na- Burgess Hall (TX) Mica [Roll No. 434] tion well for nearly 30 years, placing electronic Burton (IN) Heller Miller (MI) YEAS—230 Buyer Hensarling Miller, Gary surveillance inside the United States for for- Calvert Herger Mitchell Abercrombie Boyda (KS) Costello eign intelligence and counterintelligence pur- Camp (MI) Hill Moran (KS) Ackerman Brady (PA) Courtney Campbell (CA) Hobson Murphy, Tim poses on a sound legal footing, and I am far Allen Braley (IA) Cramer Cantor Hoekstra Musgrave from persuaded that it needs to be jettisoned. Andrews Brown (SC) Crowley Capito Hunter Myrick Arcuri Brown, Corrine Cuellar However, I know that FISA as outlined in Carney Inglis (SC) Neugebauer Baca Butterfield Cummings this bill, H.R. 6304, attempts to curtail the Bill Carter Issa Nunes Bachmann Capps Davis (AL) Castle Johnson, Sam Pearce of Rights and the civil liberties of the American Baird Capuano Davis (CA) Chabot Jordan Pence Baldwin Cardoza Davis (IL) people. I continue to insist upon individual Coble Keller Peterson (MN) Barrow Carnahan DeFazio warrants, based upon probable cause, when Cole (OK) King (IA) Petri Bean Carson DeGette Conaway King (NY) Pickering surveillance is directed at people in the United Becerra Castor Delahunt Crenshaw Kingston Pitts States. The Attorney General must still be re- Berkley Cazayoux DeLauro Davis (KY) Kline (MN) Platts Berman Chandler Dent quired to submit procedures for international Davis, David Knollenberg Poe Berry Childers Dicks surveillance to the Foreign Intelligence Surveil- Davis, Tom Kucinich Porter Bishop (GA) Clarke Dingell Deal (GA) LaHood Price (GA) lance Court for approval, but the FISA Court Bishop (NY) Clay Doggett Diaz-Balart, L. Lamborn Putnam Bishop (UT) Cleaver Donnelly should not be allowed to issue a ‘‘basket war- Diaz-Balart, M. LaTourette Ramstad Blumenauer Clyburn Doyle rant’’ without making individual determinations Doolittle Latta Regula Boren Cohen Edwards (MD) Drake Lewis (CA) Rehberg about foreign surveillance. Boswell Conyers Edwards (TX) Dreier Lewis (KY) Renzi Given the unprecedented amount of infor- Boucher Cooper Ellison Duncan Linder Rogers (AL) mation Americans now transmit electronically Boyd (FL) Costa Emanuel

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.006 H20JNPT1 jbell on PROD1PC69 with HOUSE H5742 CONGRESSIONAL RECORD — HOUSE June 20, 2008 Rogers (KY) Shimkus Tiberi Dicks Larsen (WA) Rothman Nunes Rohrabacher Stearns Rogers (MI) Shuler Turner Dingell Larson (CT) Roybal-Allard Pearce Ros-Lehtinen Sullivan Rohrabacher Shuster Udall (CO) Doggett Lee Ryan (OH) Pence Roskam Tancredo Ros-Lehtinen Simpson Upton Donnelly Levin Salazar Petri Royce Terry Roskam Smith (NE) Walberg Doyle Lewis (GA) Sa´ nchez, Linda Pickering Ryan (WI) Thornberry Royce Smith (NJ) Walden (OR) Edwards (MD) Lipinski T. Pitts Sali Tiberi Ryan (WI) Smith (TX) Walsh (NY) Edwards (TX) Loebsack Sanchez, Loretta Platts Saxton Turner Sali Souder Wamp Ellison Lofgren, Zoe Sarbanes Poe Scalise Upton Saxton Stearns Porter Schmidt Weldon (FL) Ellsworth Lowey Schakowsky Walberg Scalise Stupak Emanuel Lynch Price (GA) Sensenbrenner Westmoreland Schiff Walden (OR) Schmidt Sullivan Engel Mahoney (FL) Pryce (OH) Sessions Wilson (SC) Schwartz Sensenbrenner Tancredo Putnam Shadegg Walsh (NY) Eshoo Maloney (NY) Scott (GA) Sessions Terry Wittman (VA) Ramstad Shays Wamp Etheridge Markey Scott (VA) Shadegg Thompson (CA) Wolf Everett Marshall Regula Shimkus Weldon (FL) Serrano Shays Thornberry Young (FL) Farr Matheson Rehberg Shuster Westmoreland Sestak Filner Matsui Reichert Simpson Wilson (SC) Shea-Porter NOT VOTING—36 Foster McCarthy (NY) Renzi Smith (NE) Wittman (VA) Sherman Bartlett (MD) Fortenberry Radanovich Frank (MA) McCollum (MN) Rogers (AL) Smith (NJ) Wolf Shuler Barton (TX) Gerlach Reynolds Giffords McDermott Rogers (KY) Smith (TX) Young (FL) Sires Bilbray Gilchrest Ruppersberger Gillibrand McGovern Rogers (MI) Souder Skelton Blunt Gingrey Rush Gonzalez McIntyre Slaughter NOT VOTING—35 Boustany Gohmert Stark Green, Al McNerney Smith (WA) Brown-Waite, Gordon Tiahrt Green, Gene McNulty Bartlett (MD) Gilchrest Radanovich Snyder Ginny Jones (NC) Towns Grijalva Meek (FL) Barton (TX) Gohmert Reynolds Gutierrez Melancon Solis Cannon Kennedy Visclosky Bilbray Gordon Ruppersberger Cubin Langevin Hare Michaud Space Brown-Waite, Hall (NY) Rush Weller Culberson Meeks (NY) Harman Miller (NC) Speier Ginny Herseth Sandlin Stark Wilson (NM) Davis, Lincoln Oberstar Hastings (FL) Miller, George Spratt Cannon Jones (NC) Tiahrt Young (AK) Fattah Paul Higgins Mitchell Stupak Cubin Kagen Towns Ferguson Peterson (PA) Hinchey Mollohan Sutton Davis, Lincoln Langevin Visclosky Hinojosa Moore (KS) Tanner Fattah Meeks (NY) Weller b 1029 Hirono Moore (WI) Tauscher Ferguson Oberstar Whitfield (KY) Hodes Moran (VA) Taylor Fortenberry Paul Wilson (NM) Messrs. EVERETT and SHIMKUS Holden Murphy (CT) Thompson (CA) Gerlach Peterson (PA) Young (AK) Holt Murphy, Patrick Thompson (MS) changed their vote from ‘‘yea’’ to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ‘‘nay.’’ Honda Murtha Tierney Hooley Nadler Tsongas The SPEAKER pro tempore (during So the Journal was approved. Hoyer Napolitano Udall (CO) the vote). There are 2 minutes remain- Inslee Neal (MA) The result of the vote was announced Udall (NM) Israel Obey ing on this vote. as above recorded. Van Hollen Jackson (IL) Olver ´ Stated for: Jackson-Lee Ortiz Velazquez b 1037 Mr. RUPPERSBERGER. Madam Speaker, (TX) Pallone Walz (MN) Wasserman So the previous question was ordered. on rollcall No. 434, I was meeting with con- Jefferson Pascrell Johnson (GA) Pastor Schultz The result of the vote was announced stituents in my district office. Had I been Johnson, E. B. Payne Waters as above recorded. present, I would have voted ‘‘yea.’’ Jones (OH) Perlmutter Watson Stated for: Mr. VISCLOSKY. Madam Speaker, had I Kanjorski Peterson (MN) Watt Kaptur Pomeroy Waxman Mr. RUPPERSBERGER. Madam Speaker, been present for rollcall 434, on approving the Kennedy Price (NC) Weiner on rollcall No. 435, I was meeting with con- Journal, I would have voted ‘‘yea.’’ Kildee Rahall Welch (VT) stituents in my district office. Had I been Kilpatrick Rangel Wexler f Kind Reyes Wilson (OH) present, I would have voted ‘‘yea.’’ Klein (FL) Richardson Woolsey Mr. HALL of New York. Madam Speaker, on PROVIDING FOR CONSIDERATION Kucinich Rodriguez Wu rollcall No. 435, I was in a classified briefing OF H.R. 5876, STOP CHILD ABUSE Lampson Ross Yarmuth on H–405. Had I been present, I would have IN RESIDENTIAL PROGRAMS FOR NAYS—179 voted ‘‘yea.’’ TEENS ACT OF 2008 Mr. VISCLOSKY. Madam Speaker, Had I Aderholt Dent Keller The SPEAKER pro tempore. The un- Akin Diaz-Balart, L. King (IA) been present for rollcall No. 435, H.R. 1276, finished business is the vote on order- Alexander Diaz-Balart, M. King (NY) on ordering the previous question for the con- ing the previous question on House Bachmann Doolittle Kingston sideration of H.R. 5876, the Stop Child Abuse Bachus Drake Kirk in Residential Programs for Teens Act of Resolution 1276, on which the yeas and Barrett (SC) Dreier Kline (MN) nays were ordered. Biggert Duncan Knollenberg 2008, I would have voted ‘‘yea.’’ The Clerk read the title of the resolu- Bilirakis Ehlers Kuhl (NY) The SPEAKER pro tempore. The Bishop (UT) Emerson LaHood question is on the resolution. tion. Blackburn English (PA) Lamborn The SPEAKER pro tempore. The Blunt Fallin Latham The question was taken; and the question is on ordering the previous Boehner Feeney LaTourette Speaker pro tempore announced that Bonner Flake Latta the ayes appeared to have it. question. Bono Mack Forbes Lewis (CA) This will be a 5-minute vote. Boozman Fossella Lewis (KY) RECORDED VOTE The vote was taken by electronic de- Boustany Foxx Linder Mr. ARCURI. Madam Speaker, I de- vice, and there were—yeas 220, nays Brady (TX) Franks (AZ) LoBiondo mand a recorded vote. Broun (GA) Frelinghuysen Lucas 179, not voting 35, as follows: Brown (SC) Gallegly Lungren, Daniel A recorded vote was ordered. [Roll No. 435] Buchanan Garrett (NJ) E. The SPEAKER pro tempore. This Burgess Gingrey Mack YEAS—220 will be a 5-minute vote. Burton (IN) Goode Manzullo The vote was taken by electronic de- Abercrombie Boswell Cleaver Buyer Goodlatte Marchant Ackerman Boucher Clyburn Calvert Granger McCarthy (CA) vice, and there were—ayes 223, noes 185, Allen Boyd (FL) Cohen Camp (MI) Graves McCaul (TX) not voting 26, as follows: Altmire Boyda (KS) Conyers Campbell (CA) Hall (TX) McCotter [Roll No. 436] Andrews Brady (PA) Cooper Cantor Hastings (WA) McCrery Arcuri Braley (IA) Costa Capito Hayes McHenry AYES—223 Baca Brown, Corrine Costello Carter Heller McHugh Abercrombie Berkley Braley (IA) Baird Butterfield Courtney Castle Hensarling McKeon Ackerman Berman Brown, Corrine Baldwin Capps Cramer Cazayoux Herger McMorris Allen Berry Butterfield Barrow Capuano Crowley Chabot Hill Rodgers Altmire Bishop (GA) Capps Bean Cardoza Cuellar Coble Hobson Mica Andrews Bishop (NY) Capuano Becerra Carnahan Cummings Cole (OK) Hoekstra Miller (FL) Arcuri Blumenauer Cardoza Berkley Carney Davis (AL) Conaway Hulshof Miller (MI) Baca Boren Carnahan Berman Carson Davis (CA) Crenshaw Hunter Miller, Gary Baird Boswell Carney Berry Castor Davis (IL) Culberson Inglis (SC) Moran (KS) Baldwin Boucher Carson Bishop (GA) Chandler DeFazio Davis (KY) Issa Murphy, Tim Barrow Boyd (FL) Castor Bishop (NY) Childers DeGette Davis, David Johnson (IL) Musgrave Bean Boyda (KS) Chandler Blumenauer Clarke Delahunt Davis, Tom Johnson, Sam Myrick Becerra Brady (PA) Childers Boren Clay DeLauro Deal (GA) Jordan Neugebauer

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.004 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5743 Clarke Jackson (IL) Peterson (MN) Lewis (CA) Pence Shadegg TITLE I—FOREIGN INTELLIGENCE Clay Jackson-Lee Pomeroy Lewis (KY) Petri Shays SURVEILLANCE Cleaver (TX) Price (NC) Linder Pickering Shimkus Sec. 101. Additional procedures regarding Clyburn Jefferson Rahall LoBiondo Pitts Shuster Cohen Johnson (GA) Rangel Lucas Platts Simpson certain persons outside the Conyers Johnson, E. B. Reyes Lungren, Daniel Poe Smith (NE) United States. Cooper Jones (OH) Richardson E. Porter Smith (NJ) Sec. 102. Statement of exclusive means by Costa Kagen Rodriguez Mack Price (GA) Smith (TX) which electronic surveillance Manzullo Pryce (OH) Costello Kanjorski Ross Souder and interception of certain Courtney Kaptur Marchant Putnam Rothman Stearns communications may be con- McCarthy (CA) Cramer Kennedy Roybal-Allard Radanovich McCaul (TX) Ramstad Sullivan ducted. Crowley Kildee Ryan (OH) Cuellar Kilpatrick McCotter Regula Tancredo Sec. 103. Submittal to Congress of certain Salazar Cummings Kind McCrery Rehberg Terry court orders under the Foreign Sa´ nchez, Linda Davis (AL) Klein (FL) McHenry Reichert Thornberry Intelligence Surveillance Act of T. Davis (CA) Kucinich McHugh Renzi Tiberi Sanchez, Loretta 1978. Davis (IL) Lampson McKeon Rogers (AL) Turner Sarbanes Sec. 104. Applications for court orders. DeFazio Larsen (WA) McMorris Rogers (KY) Upton Sec. 105. Issuance of an order. Schakowsky Walberg DeGette Larson (CT) Rodgers Rogers (MI) Sec. 106. Use of information. Delahunt Lee Schiff Mica Rohrabacher Walden (OR) DeLauro Levin Schwartz Miller (FL) Ros-Lehtinen Walsh (NY) Sec. 107. Amendments for physical searches. Dicks Lewis (GA) Scott (VA) Miller (MI) Roskam Wamp Sec. 108. Amendments for emergency pen Dingell Lipinski Serrano Miller, Gary Royce Weldon (FL) registers and trap and trace de- Doggett Loebsack Sestak Moran (KS) Ryan (WI) Westmoreland vices. Donnelly Lofgren, Zoe Shea-Porter Murphy, Tim Sali Whitfield (KY) Sec. 109. Foreign Intelligence Surveillance Doyle Lowey Sherman Musgrave Saxton Wilson (SC) Court. Myrick Edwards (MD) Lynch Shuler Scalise Wittman (VA) Sec. 110. Weapons of mass destruction. Edwards (TX) Mahoney (FL) Neugebauer Schmidt Sires Wolf Ellison Maloney (NY) Nunes Sensenbrenner TITLE II—PROTECTIONS FOR ELEC- Skelton Young (FL) Ellsworth Markey Slaughter Pearce Sessions TRONIC COMMUNICATION SERVICE Emanuel Marshall Smith (WA) NOT VOTING—26 PROVIDERS Engel Matheson Snyder Sec. 201. Procedures for implementing statu- Eshoo Matsui Solis Bartlett (MD) Granger Rush Etheridge McCarthy (NY) Bilbray Jones (NC) Scott (GA) tory defenses under the Foreign Space Intelligence Surveillance Act of Farr McCollum (MN) Speier Brown-Waite, Langevin Stark Fattah McDermott Spratt Ginny Meeks (NY) Tiahrt 1978. Filner McGovern Stupak Cannon Oberstar Towns Sec. 202. Technical amendments. Foster McIntyre Sutton Davis, Lincoln Paul Visclosky TITLE III—REVIEW OF PREVIOUS Frank (MA) McNerney Ferguson Peterson (PA) Weller Tanner ACTIONS Giffords McNulty Tauscher Gilchrest Reynolds Wilson (NM) Gohmert Ruppersberger Young (AK) Gillibrand Meek (FL) Taylor Sec. 301. Review of previous actions. Gonzalez Melancon Thompson (CA) TITLE IV—OTHER PROVISIONS Gordon Michaud ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Thompson (MS) Green, Al Miller (NC) The SPEAKER pro tempore (during Sec. 401. Severability. Tierney Green, Gene Miller, George Sec. 402. Effective date. Tsongas the vote). There are 2 minutes remain- Grijalva Mitchell Sec. 403. Repeals. Udall (CO) ing on this vote. Gutierrez Mollohan Sec. 404. Transition procedures. Hall (NY) Moore (KS) Udall (NM) b 1045 Hare Moore (WI) Van Hollen TITLE I—FOREIGN INTELLIGENCE ´ Harman Moran (VA) Velazquez So the resolution was agreed to. SURVEILLANCE Walz (MN) Hastings (FL) Murphy (CT) The result of the vote was announced SEC. 101. ADDITIONAL PROCEDURES REGARDING Wasserman Herseth Sandlin Murphy, Patrick as above recorded. CERTAIN PERSONS OUTSIDE THE Schultz Higgins Murtha A motion to reconsider was laid on UNITED STATES. Hinchey Nadler Waters (a) IN GENERAL.—The Foreign Intelligence Hinojosa Napolitano Watson the table. Hirono Neal (MA) Watt Stated for: Surveillance Act of 1978 (50 U.S.C. 1801 et Hodes Obey Waxman Mr. RUPPERSBERGER. Madam Speaker, seq.) is amended— Holden Olver Weiner on rollcall No. 436, I was meeting with con- (1) by striking title VII; and Holt Ortiz Welch (VT) (2) by adding at the end the following: Wexler stituents in my district office. Had I been Honda Pallone ‘‘TITLE VII—ADDITIONAL PROCEDURES Hooley Pascrell Wilson (OH) present, I would have voted ‘‘aye.’’ Hoyer Pastor Woolsey Mr. VISCLOSKY. Madam Speaker, had I REGARDING CERTAIN PERSONS OUT- Inslee Payne Wu been present for rollcall 436, H. Res. 1276, on SIDE THE UNITED STATES Israel Perlmutter Yarmuth agreeing to the resolution providing for the ‘‘SEC. 701. DEFINITIONS. ‘‘(a) IN GENERAL.—The terms ‘agent of a NOES—185 consideration of H.R. 5876, the Stop Child Abuse in Residential Programs for Teens Act foreign power’, ‘Attorney General’, ‘con- Aderholt Coble Gingrey of 2008, I would have voted ‘‘aye.’’ tents’, ‘electronic surveillance’, ‘foreign in- Akin Cole (OK) Goode telligence information’, ‘foreign power’, ‘per- Alexander Conaway Goodlatte f son’, ‘United States’, and ‘United States per- Bachmann Crenshaw Graves son’ have the meanings given such terms in Bachus Cubin Hall (TX) FISA AMENDMENTS ACT OF 2008 section 101, except as specifically provided in Barrett (SC) Culberson Hastings (WA) Mr. CONYERS. Madam Speaker, pur- Barton (TX) Davis (KY) Hayes this title. Biggert Davis, David Heller suant to House Resolution 1285, I call ‘‘(b) ADDITIONAL DEFINITIONS.— Bilirakis Davis, Tom Hensarling up the bill (H.R. 6304) to amend the ‘‘(1) CONGRESSIONAL INTELLIGENCE COMMIT- Bishop (UT) Deal (GA) Herger Foreign Intelligence Surveillance Act TEES.—The term ‘congressional intelligence Blackburn Dent Hill of 1978 to establish a procedure for au- committees’ means— Blunt Diaz-Balart, L. Hobson ‘‘(A) the Select Committee on Intelligence Boehner Diaz-Balart, M. Hoekstra thorizing certain acquisitions of for- of the Senate; and Bonner Doolittle Hulshof eign intelligence, and for other pur- Bono Mack Drake Hunter poses, and ask for its immediate con- ‘‘(B) the Permanent Select Committee on Boozman Dreier Inglis (SC) Intelligence of the House of Representatives. Boustany Duncan Issa sideration in the House. ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE Brady (TX) Ehlers Johnson (IL) The Clerk read the title of the bill. COURT; COURT.—The terms ‘Foreign Intel- Broun (GA) Emerson Johnson, Sam The text of the bill is as follows: ligence Surveillance Court’ and ‘Court’ mean Brown (SC) English (PA) Jordan H.R. 6304 the court established under section 103(a). Buchanan Everett Keller Be it enacted by the Senate and House of Rep- OREIGN INTELLIGENCE SURVEILLANCE Burgess Fallin King (IA) ‘‘(3) F Burton (IN) Feeney King (NY) resentatives of the United States of America in COURT OF REVIEW; COURT OF REVIEW.—The Buyer Flake Kingston Congress assembled, terms ‘Foreign Intelligence Surveillance Calvert Forbes Kirk SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Court of Review’ and ‘Court of Review’ mean Camp (MI) Fortenberry Kline (MN) (a) SHORT TITLE.—This Act may be cited as the court established under section 103(b). Campbell (CA) Fossella Knollenberg the ‘‘Foreign Intelligence Surveillance Act ‘‘(4) ELECTRONIC COMMUNICATION SERVICE Cantor Foxx Kuhl (NY) of 1978 Amendments Act of 2008’’ or the PROVIDER.—The term ‘electronic communica- Capito Franks (AZ) LaHood ‘‘FISA Amendments Act of 2008’’. Carter Frelinghuysen Lamborn tion service provider’ means— ABLE OF ONTENTS Castle Gallegly Latham (b) T C .—The table of con- ‘‘(A) a telecommunications carrier, as that Cazayoux Garrett (NJ) LaTourette tents for this Act is as follows: term is defined in section 3 of the Commu- Chabot Gerlach Latta Sec. 1. Short title; table of contents. nications Act of 1934 (47 U.S.C. 153);

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‘‘(B) a provider of electronic communica- ‘‘(4) CONSTRUCTION.—Nothing in title I ligence Surveillance Court that are reason- tion service, as that term is defined in sec- shall be construed to require an application ably designed to— tion 2510 of title 18, United States Code; for a court order under such title for an ac- ‘‘(I) ensure that an acquisition authorized ‘‘(C) a provider of a remote computing quisition that is targeted in accordance with under subsection (a) is limited to targeting service, as that term is defined in section this section at a person reasonably believed persons reasonably believed to be located 2711 of title 18, United States Code; to be located outside the United States. outside the United States; and ‘‘(D) any other communication service pro- ‘‘(d) TARGETING PROCEDURES.— ‘‘(II) prevent the intentional acquisition of vider who has access to wire or electronic ‘‘(1) REQUIREMENT TO ADOPT.—The Attor- any communication as to which the sender communications either as such communica- ney General, in consultation with the Direc- and all intended recipients are known at the tions are transmitted or as such communica- tor of National Intelligence, shall adopt tar- time of the acquisition to be located in the tions are stored; or geting procedures that are reasonably de- United States; ‘‘(E) an officer, employee, or agent of an signed to— ‘‘(ii) the minimization procedures to be entity described in subparagraph (A), (B), ‘‘(A) ensure that any acquisition author- used with respect to such acquisition— (C), or (D). ized under subsection (a) is limited to tar- ‘‘(I) meet the definition of minimization ‘‘(5) INTELLIGENCE COMMUNITY.—The term geting persons reasonably believed to be lo- procedures under section 101(h) or 301(4), as ‘intelligence community’ has the meaning cated outside the United States; and appropriate; and given the term in section 3(4) of the National ‘‘(B) prevent the intentional acquisition of ‘‘(II) have been approved, have been sub- Security Act of 1947 (50 U.S.C. 401a(4)). any communication as to which the sender mitted for approval, or will be submitted ‘‘SEC. 702. PROCEDURES FOR TARGETING CER- and all intended recipients are known at the with the certification for approval by the TAIN PERSONS OUTSIDE THE time of the acquisition to be located in the Foreign Intelligence Surveillance Court; UNITED STATES OTHER THAN United States. ‘‘(iii) guidelines have been adopted in ac- UNITED STATES PERSONS. ‘‘(2) JUDICIAL REVIEW.—The procedures cordance with subsection (f) to ensure com- ‘‘(a) AUTHORIZATION.—Notwithstanding any adopted in accordance with paragraph (1) pliance with the limitations in subsection (b) other provision of law, upon the issuance of shall be subject to judicial review pursuant and to ensure that an application for a court an order in accordance with subsection (i)(3) to subsection (i). order is filed as required by this Act; or a determination under subsection (c)(2), ‘‘(e) MINIMIZATION PROCEDURES.— ‘‘(iv) the procedures and guidelines re- the Attorney General and the Director of Na- ‘‘(1) REQUIREMENT TO ADOPT.—The Attor- ferred to in clauses (i), (ii), and (iii) are con- tional Intelligence may authorize jointly, for ney General, in consultation with the Direc- sistent with the requirements of the fourth a period of up to 1 year from the effective tor of National Intelligence, shall adopt amendment to the Constitution of the date of the authorization, the targeting of minimization procedures that meet the defi- United States; persons reasonably believed to be located nition of minimization procedures under sec- ‘‘(v) a significant purpose of the acquisi- outside the United States to acquire foreign tion 101(h) or 301(4), as appropriate, for ac- tion is to obtain foreign intelligence infor- intelligence information. quisitions authorized under subsection (a). mation; ‘‘(b) LIMITATIONS.—An acquisition author- ‘‘(2) JUDICIAL REVIEW.—The minimization ‘‘(vi) the acquisition involves obtaining ized under subsection (a)— procedures adopted in accordance with para- foreign intelligence information from or ‘‘(1) may not intentionally target any per- graph (1) shall be subject to judicial review with the assistance of an electronic commu- son known at the time of acquisition to be pursuant to subsection (i). nication service provider; and located in the United States; ‘‘(f) GUIDELINES FOR COMPLIANCE WITH LIM- ‘‘(vii) the acquisition complies with the ‘‘(2) may not intentionally target a person ITATIONS.— limitations in subsection (b); reasonably believed to be located outside the ‘‘(1) REQUIREMENT TO ADOPT.—The Attor- ‘‘(B) include the procedures adopted in ac- United States if the purpose of such acquisi- ney General, in consultation with the Direc- cordance with subsections (d) and (e); tion is to target a particular, known person tor of National Intelligence, shall adopt ‘‘(C) be supported, as appropriate, by the reasonably believed to be in the United guidelines to ensure— affidavit of any appropriate official in the States; ‘‘(A) compliance with the limitations in area of national security who is— ‘‘(3) may not intentionally target a United subsection (b); and ‘‘(i) appointed by the President, by and States person reasonably believed to be lo- ‘‘(B) that an application for a court order with the advice and consent of the Senate; or cated outside the United States; is filed as required by this Act. ‘‘(ii) the head of an element of the intel- ‘‘(4) may not intentionally acquire any ‘‘(2) SUBMISSION OF GUIDELINES.—The At- ligence community; communication as to which the sender and torney General shall provide the guidelines ‘‘(D) include— all intended recipients are known at the adopted in accordance with paragraph (1) ‘‘(i) an effective date for the authorization time of the acquisition to be located in the to— that is at least 30 days after the submission United States; and ‘‘(A) the congressional intelligence com- of the written certification to the court; or ‘‘(5) shall be conducted in a manner con- mittees; ‘‘(ii) if the acquisition has begun or the ef- sistent with the fourth amendment to the ‘‘(B) the Committees on the Judiciary of fective date is less than 30 days after the Constitution of the United States. the Senate and the House of Representatives; submission of the written certification to ‘‘(c) CONDUCT OF ACQUISITION.— and the court, the date the acquisition began or ‘‘(1) IN GENERAL.—An acquisition author- ‘‘(C) the Foreign Intelligence Surveillance the effective date for the acquisition; and ized under subsection (a) shall be conducted Court. ‘‘(E) if the Attorney General and the Direc- only in accordance with— ‘‘(g) CERTIFICATION.— tor of National Intelligence make a deter- ‘‘(A) the targeting and minimization proce- ‘‘(1) IN GENERAL.— mination under subsection (c)(2), include a dures adopted in accordance with sub- ‘‘(A) REQUIREMENT.—Subject to subpara- statement that such determination has been sections (d) and (e); and graph (B), prior to the implementation of an made. ‘‘(B) upon submission of a certification in authorization under subsection (a), the At- ‘‘(3) CHANGE IN EFFECTIVE DATE.—The At- accordance with subsection (g), such certifi- torney General and the Director of National torney General and the Director of National cation. Intelligence shall provide to the Foreign In- Intelligence may advance or delay the effec- ‘‘(2) DETERMINATION.—A determination telligence Surveillance Court a written cer- tive date referred to in paragraph (2)(D) by under this paragraph and for purposes of sub- tification and any supporting affidavit, submitting an amended certification in ac- section (a) is a determination by the Attor- under oath and under seal, in accordance cordance with subsection (i)(1)(C) to the For- ney General and the Director of National In- with this subsection. eign Intelligence Surveillance Court for re- telligence that exigent circumstances exist ‘‘(B) EXCEPTION.—If the Attorney General view pursuant to subsection (i). because, without immediate implementation and the Director of National Intelligence ‘‘(4) LIMITATION.—A certification made of an authorization under subsection (a), in- make a determination under subsection under this subsection is not required to iden- telligence important to the national security (c)(2) and time does not permit the submis- tify the specific facilities, places, premises, of the United States may be lost or not time- sion of a certification under this subsection or property at which an acquisition author- ly acquired and time does not permit the prior to the implementation of an authoriza- ized under subsection (a) will be directed or issuance of an order pursuant to subsection tion under subsection (a), the Attorney Gen- conducted. (i)(3) prior to the implementation of such au- eral and the Director of National Intel- ‘‘(5) MAINTENANCE OF CERTIFICATION.—The thorization. ligence shall submit to the Court a certifi- Attorney General or a designee of the Attor- ‘‘(3) TIMING OF DETERMINATION.—The Attor- cation for such authorization as soon as ney General shall maintain a copy of a cer- ney General and the Director of National In- practicable but in no event later than 7 days tification made under this subsection. telligence may make the determination after such determination is made. ‘‘(6) REVIEW.—A certification submitted in under paragraph (2)— ‘‘(2) REQUIREMENTS.—A certification made accordance with this subsection shall be sub- ‘‘(A) before the submission of a certifi- under this subsection shall— ject to judicial review pursuant to sub- cation in accordance with subsection (g); or ‘‘(A) attest that— section (i). ‘‘(B) by amending a certification pursuant ‘‘(i) there are procedures in place that have ‘‘(h) DIRECTIVES AND JUDICIAL REVIEW OF to subsection (i)(1)(C) at any time during been approved, have been submitted for ap- DIRECTIVES.— which judicial review under subsection (i) of proval, or will be submitted with the certifi- ‘‘(1) AUTHORITY.—With respect to an acqui- such certification is pending. cation for approval by the Foreign Intel- sition authorized under subsection (a), the

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Attorney General and the Director of Na- ‘‘(G) CONTEMPT OF COURT.—Failure to obey essary at any time, including if the Court is tional Intelligence may direct, in writing, an an order issued under this paragraph may be conducting or has completed review of such electronic communication service provider punished by the Court as contempt of court. certification or such procedures, and shall to— ‘‘(5) ENFORCEMENT OF DIRECTIVES.— submit the amended certification or amend- ‘‘(A) immediately provide the Government ‘‘(A) ORDER TO COMPEL.—If an electronic ed procedures to the Court not later than 7 with all information, facilities, or assistance communication service provider fails to days after amending such certification or necessary to accomplish the acquisition in a comply with a directive issued pursuant to such procedures. The Court shall review any manner that will protect the secrecy of the paragraph (1), the Attorney General may file amendment under this subparagraph under acquisition and produce a minimum of inter- a petition for an order to compel the elec- the procedures set forth in this subsection. ference with the services that such elec- tronic communication service provider to The Attorney General and the Director of tronic communication service provider is comply with the directive with the Foreign National Intelligence may authorize the use providing to the target of the acquisition; Intelligence Surveillance Court, which shall of an amended certification or amended pro- and have jurisdiction to review such petition. cedures pending the Court’s review of such ‘‘(B) maintain under security procedures ‘‘(B) ASSIGNMENT.—The presiding judge of amended certification or amended proce- approved by the Attorney General and the the Court shall assign a petition filed under dures. subparagraph (A) to 1 of the judges serving Director of National Intelligence any records ‘‘(2) REVIEW.—The Court shall review the concerning the acquisition or the aid fur- in the pool established under section 103(e)(1) following: not later than 24 hours after the filing of nished that such electronic communication ‘‘(A) CERTIFICATION.—A certification sub- such petition. service provider wishes to maintain. mitted in accordance with subsection (g) to ‘‘(C) PROCEDURES FOR REVIEW.—A judge ‘‘(2) COMPENSATION.—The Government shall determine whether the certification contains considering a petition filed under subpara- compensate, at the prevailing rate, an elec- all the required elements. graph (A) shall, not later than 30 days after tronic communication service provider for ‘‘(B) TARGETING PROCEDURES.—The tar- being assigned such petition, issue an order providing information, facilities, or assist- geting procedures adopted in accordance requiring the electronic communication ance in accordance with a directive issued with subsection (d) to assess whether the service provider to comply with the directive pursuant to paragraph (1). or any part of it, as issued or as modified, if procedures are reasonably designed to— ‘‘(3) RELEASE FROM LIABILITY.—No cause of the judge finds that the directive meets the ‘‘(i) ensure that an acquisition authorized action shall lie in any court against any requirements of this section and is otherwise under subsection (a) is limited to targeting electronic communication service provider lawful. The judge shall provide a written persons reasonably believed to be located for providing any information, facilities, or statement for the record of the reasons for a outside the United States; and assistance in accordance with a directive determination under this paragraph. ‘‘(ii) prevent the intentional acquisition of issued pursuant to paragraph (1). ‘‘(D) CONTEMPT OF COURT.—Failure to obey any communication as to which the sender ‘‘(4) CHALLENGING OF DIRECTIVES.— an order issued under this paragraph may be and all intended recipients are known at the ‘‘(A) AUTHORITY TO CHALLENGE.—An elec- punished by the Court as contempt of court. time of the acquisition to be located in the tronic communication service provider re- ‘‘(E) PROCESS.—Any process under this United States. ceiving a directive issued pursuant to para- paragraph may be served in any judicial dis- ‘‘(C) MINIMIZATION PROCEDURES.—The mini- graph (1) may file a petition to modify or set trict in which the electronic communication mization procedures adopted in accordance aside such directive with the Foreign Intel- service provider may be found. with subsection (e) to assess whether such ligence Surveillance Court, which shall have ‘‘(6) APPEAL.— procedures meet the definition of minimiza- jurisdiction to review such petition. ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The tion procedures under section 101(h) or sec- ‘‘(B) ASSIGNMENT.—The presiding judge of Government or an electronic communication tion 301(4), as appropriate. the Court shall assign a petition filed under service provider receiving a directive issued ‘‘(3) ORDERS.— subparagraph (A) to 1 of the judges serving pursuant to paragraph (1) may file a petition ‘‘(A) APPROVAL.—If the Court finds that a in the pool established under section 103(e)(1) with the Foreign Intelligence Surveillance certification submitted in accordance with not later than 24 hours after the filing of Court of Review for review of a decision subsection (g) contains all the required ele- such petition. issued pursuant to paragraph (4) or (5). The ments and that the targeting and minimiza- ‘‘(C) STANDARDS FOR REVIEW.—A judge con- Court of Review shall have jurisdiction to tion procedures adopted in accordance with sidering a petition filed under subparagraph consider such petition and shall provide a subsections (d) and (e) are consistent with (A) may grant such petition only if the judge written statement for the record of the rea- the requirements of those subsections and finds that the directive does not meet the re- sons for a decision under this subparagraph. with the fourth amendment to the Constitu- quirements of this section, or is otherwise ‘‘(B) CERTIORARI TO THE SUPREME COURT.— tion of the United States, the Court shall unlawful. The Government or an electronic commu- enter an order approving the certification ‘‘(D) PROCEDURES FOR INITIAL REVIEW.—A nication service provider receiving a direc- and the use, or continued use in the case of judge shall conduct an initial review of a pe- tive issued pursuant to paragraph (1) may an acquisition authorized pursuant to a de- tition filed under subparagraph (A) not later file a petition for a writ of certiorari for re- termination under subsection (c)(2), of the than 5 days after being assigned such peti- view of a decision of the Court of Review procedures for the acquisition. tion. If the judge determines that such peti- issued under subparagraph (A). The record ‘‘(B) CORRECTION OF DEFICIENCIES.—If the tion does not consist of claims, defenses, or for such review shall be transmitted under Court finds that a certification submitted in other legal contentions that are warranted seal to the Supreme Court of the United accordance with subsection (g) does not con- by existing law or by a nonfrivolous argu- States, which shall have jurisdiction to re- tain all the required elements, or that the ment for extending, modifying, or reversing view such decision. procedures adopted in accordance with sub- existing law or for establishing new law, the ‘‘(i) JUDICIAL REVIEW OF CERTIFICATIONS sections (d) and (e) are not consistent with judge shall immediately deny such petition AND PROCEDURES.— the requirements of those subsections or the and affirm the directive or any part of the ‘‘(1) IN GENERAL.— fourth amendment to the Constitution of the directive that is the subject of such petition ‘‘(A) REVIEW BY THE FOREIGN INTELLIGENCE United States, the Court shall issue an order and order the recipient to comply with the SURVEILLANCE COURT.—The Foreign Intel- directing the Government to, at the Govern- directive or any part of it. Upon making a ligence Surveillance Court shall have juris- ment’s election and to the extent required by determination under this subparagraph or diction to review a certification submitted the Court’s order— promptly thereafter, the judge shall provide in accordance with subsection (g) and the ‘‘(i) correct any deficiency identified by a written statement for the record of the targeting and minimization procedures the Court’s order not later than 30 days after reasons for such determination. adopted in accordance with subsections (d) the date on which the Court issues the order; ‘‘(E) PROCEDURES FOR PLENARY REVIEW.—If and (e), and amendments to such certifi- or a judge determines that a petition filed cation or such procedures. ‘‘(ii) cease, or not begin, the implementa- under subparagraph (A) requires plenary re- ‘‘(B) TIME PERIOD FOR REVIEW.—The Court tion of the authorization for which such cer- view, the judge shall affirm, modify, or set shall review a certification submitted in ac- tification was submitted. aside the directive that is the subject of such cordance with subsection (g) and the tar- ‘‘(C) REQUIREMENT FOR WRITTEN STATE- petition not later than 30 days after being geting and minimization procedures adopted MENT.—In support of an order under this sub- assigned such petition. If the judge does not in accordance with subsections (d) and (e) section, the Court shall provide, simulta- set aside the directive, the judge shall imme- and shall complete such review and issue an neously with the order, for the record a writ- diately affirm or affirm with modifications order under paragraph (3) not later than 30 ten statement of the reasons for the order. the directive, and order the recipient to com- days after the date on which such certifi- ‘‘(4) APPEAL.— ply with the directive in its entirety or as cation and such procedures are submitted. ‘‘(A) APPEAL TO THE COURT OF REVIEW.—The modified. The judge shall provide a written ‘‘(C) AMENDMENTS.—The Attorney General Government may file a petition with the statement for the record of the reasons for a and the Director of National Intelligence Foreign Intelligence Surveillance Court of determination under this subparagraph. may amend a certification submitted in ac- Review for review of an order under this sub- ‘‘(F) CONTINUED EFFECT.—Any directive not cordance with subsection (g) or the targeting section. The Court of Review shall have ju- explicitly modified or set aside under this and minimization procedures adopted in ac- risdiction to consider such petition. For any paragraph shall remain in full effect. cordance with subsections (d) and (e) as nec- decision under this subparagraph affirming,

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.007 H20JNPT1 jbell on PROD1PC69 with HOUSE H5746 CONGRESSIONAL RECORD — HOUSE June 20, 2008 reversing, or modifying an order of the For- ment submission, or portions of a submis- requests for identities that were not referred eign Intelligence Surveillance Court, the sion, which may include classified informa- to by name or title in the original reporting; Court of Review shall provide for the record tion. ‘‘(iii) the number of targets that were later a written statement of the reasons for the ‘‘(3) RETENTION OF RECORDS.—The Attorney determined to be located in the United decision. General and the Director of National Intel- States and, to the extent possible, whether ‘‘(B) CONTINUATION OF ACQUISITION PENDING ligence shall retain a directive or an order communications of such targets were re- REHEARING OR APPEAL.—Any acquisition af- issued under this section for a period of not viewed; and fected by an order under paragraph (3)(B) less than 10 years from the date on which ‘‘(iv) a description of any procedures devel- may continue— such directive or such order is issued. oped by the head of such element of the in- ‘‘(i) during the pendency of any rehearing ‘‘(l) ASSESSMENTS AND REVIEWS.— telligence community and approved by the of the order by the Court en banc; and ‘‘(1) SEMIANNUAL ASSESSMENT.—Not less Director of National Intelligence to assess, ‘‘(ii) if the Government files a petition for frequently than once every 6 months, the At- in a manner consistent with national secu- review of an order under this section, until torney General and Director of National In- rity, operational requirements and the pri- the Court of Review enters an order under telligence shall assess compliance with the vacy interests of United States persons, the subparagraph (C). targeting and minimization procedures extent to which the acquisitions authorized ‘‘(C) IMPLEMENTATION PENDING APPEAL.— adopted in accordance with subsections (d) under subsection (a) acquire the communica- Not later than 60 days after the filing of a and (e) and the guidelines adopted in accord- tions of United States persons, and the re- petition for review of an order under para- ance with subsection (f) and shall submit sults of any such assessment. graph (3)(B) directing the correction of a de- each assessment to— ‘‘(B) USE OF REVIEW.—The head of each ele- ficiency, the Court of Review shall deter- ‘‘(A) the Foreign Intelligence Surveillance ment of the intelligence community that mine, and enter a corresponding order re- Court; and conducts an annual review under subpara- garding, whether all or any part of the cor- ‘‘(B) consistent with the Rules of the House graph (A) shall use each such review to rection order, as issued or modified, shall be of Representatives, the Standing Rules of evaluate the adequacy of the minimization implemented during the pendency of the re- the Senate, and Senate Resolution 400 of the procedures utilized by such element and, as view. 94th Congress or any successor Senate reso- appropriate, the application of the minimiza- ‘‘(D) CERTIORARI TO THE SUPREME COURT.— lution— tion procedures to a particular acquisition The Government may file a petition for a ‘‘(i) the congressional intelligence commit- authorized under subsection (a). tees; and writ of certiorari for review of a decision of ‘‘(C) PROVISION OF REVIEW.—The head of the Court of Review issued under subpara- ‘‘(ii) the Committees on the Judiciary of each element of the intelligence community the House of Representatives and the Senate. graph (A). The record for such review shall that conducts an annual review under sub- ‘‘(2) AGENCY ASSESSMENT.—The Inspector be transmitted under seal to the Supreme paragraph (A) shall provide such review to— General of the Department of Justice and Court of the United States, which shall have ‘‘(i) the Foreign Intelligence Surveillance the Inspector General of each element of the jurisdiction to review such decision. Court; intelligence community authorized to ac- ‘‘(5) SCHEDULE.— ‘‘(ii) the Attorney General; quire foreign intelligence information under ‘‘(A) REAUTHORIZATION OF AUTHORIZATIONS ‘‘(iii) the Director of National Intelligence; IN EFFECT.—If the Attorney General and the subsection (a), with respect to the depart- and Director of National Intelligence seek to re- ment or element of such Inspector General— ‘‘(iv) consistent with the Rules of the authorize or replace an authorization issued ‘‘(A) are authorized to review compliance House of Representatives, the Standing under subsection (a), the Attorney General with the targeting and minimization proce- Rules of the Senate, and Senate Resolution and the Director of National Intelligence dures adopted in accordance with sub- 400 of the 94th Congress or any successor shall, to the extent practicable, submit to sections (d) and (e) and the guidelines adopt- Senate resolution— the Court the certification prepared in ac- ed in accordance with subsection (f); ‘‘(I) the congressional intelligence commit- cordance with subsection (g) and the proce- ‘‘(B) with respect to acquisitions author- tees; and dures adopted in accordance with sub- ized under subsection (a), shall review the ‘‘(II) the Committees on the Judiciary of sections (d) and (e) at least 30 days prior to number of disseminated intelligence reports the House of Representatives and the Senate. the expiration of such authorization. containing a reference to a United States- ‘‘(B) REAUTHORIZATION OF ORDERS, AUTHOR- person identity and the number of United ‘‘SEC. 703. CERTAIN ACQUISITIONS INSIDE THE IZATIONS, AND DIRECTIVES.—If the Attorney States-person identities subsequently dis- UNITED STATES TARGETING UNITED General and the Director of National Intel- seminated by the element concerned in re- STATES PERSONS OUTSIDE THE UNITED STATES. ligence seek to reauthorize or replace an au- sponse to requests for identities that were thorization issued under subsection (a) by not referred to by name or title in the origi- ‘‘(a) JURISDICTION OF THE FOREIGN INTEL- filing a certification pursuant to subpara- nal reporting; LIGENCE SURVEILLANCE COURT.— graph (A), that authorization, and any direc- ‘‘(C) with respect to acquisitions author- ‘‘(1) IN GENERAL.—The Foreign Intelligence tives issued thereunder and any order related ized under subsection (a), shall review the Surveillance Court shall have jurisdiction to thereto, shall remain in effect, notwith- number of targets that were later deter- review an application and to enter an order standing the expiration provided for in sub- mined to be located in the United States approving the targeting of a United States section (a), until the Court issues an order and, to the extent possible, whether commu- person reasonably believed to be located out- with respect to such certification under nications of such targets were reviewed; and side the United States to acquire foreign in- paragraph (3) at which time the provisions of ‘‘(D) shall provide each such review to— telligence information, if the acquisition that paragraph and paragraph (4) shall apply ‘‘(i) the Attorney General; constitutes electronic surveillance or the ac- with respect to such certification. ‘‘(ii) the Director of National Intelligence; quisition of stored electronic communica- ‘‘(j) JUDICIAL PROCEEDINGS.— and tions or stored electronic data that requires ‘‘(1) EXPEDITED JUDICIAL PROCEEDINGS.—Ju- ‘‘(iii) consistent with the Rules of the an order under this Act, and such acquisition dicial proceedings under this section shall be House of Representatives, the Standing is conducted within the United States. conducted as expeditiously as possible. Rules of the Senate, and Senate Resolution ‘‘(2) LIMITATION.—If a United States person ‘‘(2) TIME LIMITS.—A time limit for a judi- 400 of the 94th Congress or any successor targeted under this subsection is reasonably cial decision in this section shall apply un- Senate resolution— believed to be located in the United States less the Court, the Court of Review, or any ‘‘(I) the congressional intelligence commit- during the effective period of an order issued judge of either the Court or the Court of Re- tees; and pursuant to subsection (c), an acquisition view, by order for reasons stated, extends ‘‘(II) the Committees on the Judiciary of targeting such United States person under that time as necessary for good cause in a the House of Representatives and the Senate. this section shall cease unless the targeted manner consistent with national security. ‘‘(3) ANNUAL REVIEW.— United States person is again reasonably be- ‘‘(k) MAINTENANCE AND SECURITY OF ‘‘(A) REQUIREMENT TO CONDUCT.—The head lieved to be located outside the United RECORDS AND PROCEEDINGS.— of each element of the intelligence commu- States while an order issued pursuant to sub- ‘‘(1) STANDARDS.—The Foreign Intelligence nity conducting an acquisition authorized section (c) is in effect. Nothing in this sec- Surveillance Court shall maintain a record under subsection (a) shall conduct an annual tion shall be construed to limit the author- of a proceeding under this section, including review to determine whether there is reason ity of the Government to seek an order or petitions, appeals, orders, and statements of to believe that foreign intelligence informa- authorization under, or otherwise engage in reasons for a decision, under security meas- tion has been or will be obtained from the any activity that is authorized under, any ures adopted by the Chief Justice of the acquisition. The annual review shall provide, other title of this Act. United States, in consultation with the At- with respect to acquisitions authorized ‘‘(b) APPLICATION.— torney General and the Director of National under subsection (a)— ‘‘(1) IN GENERAL.—Each application for an Intelligence. ‘‘(i) an accounting of the number of dis- order under this section shall be made by a ‘‘(2) FILING AND REVIEW.—All petitions seminated intelligence reports containing a Federal officer in writing upon oath or affir- under this section shall be filed under seal. reference to a United States-person identity; mation to a judge having jurisdiction under In any proceedings under this section, the ‘‘(ii) an accounting of the number of subsection (a)(1). Each application shall re- Court shall, upon request of the Government, United States-person identities subsequently quire the approval of the Attorney General review ex parte and in camera any Govern- disseminated by that element in response to based upon the Attorney General’s finding

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.007 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5747 that it satisfies the criteria and require- ‘‘(A) the application has been made by a ‘‘(C) the nature of the information sought ments of such application, as set forth in Federal officer and approved by the Attorney to be acquired and the type of communica- this section, and shall include— General; tions or activities to be subjected to acquisi- ‘‘(A) the identity of the Federal officer ‘‘(B) on the basis of the facts submitted by tion; making the application; the applicant, for the United States person ‘‘(D) a summary of the means by which the ‘‘(B) the identity, if known, or a descrip- who is the target of the acquisition, there is acquisition will be conducted and whether tion of the United States person who is the probable cause to believe that the target is— physical entry is required to effect the acqui- target of the acquisition; ‘‘(i) a person reasonably believed to be lo- sition; and ‘‘(C) a statement of the facts and cir- cated outside the United States; and ‘‘(E) the period of time during which the cumstances relied upon to justify the appli- ‘‘(ii) a foreign power, an agent of a foreign acquisition is approved. cant’s belief that the United States person power, or an officer or employee of a foreign ‘‘(5) DIRECTIVES.—An order approving an who is the target of the acquisition is— power; acquisition under this subsection shall di- ‘‘(i) a person reasonably believed to be lo- ‘‘(C) the proposed minimization procedures rect— cated outside the United States; and meet the definition of minimization proce- ‘‘(A) that the minimization procedures re- ‘‘(ii) a foreign power, an agent of a foreign dures under section 101(h) or 301(4), as appro- ferred to in paragraph (1)(C), as approved or power, or an officer or employee of a foreign priate; and modified by the Court, be followed; power; ‘‘(D) the application that has been filed ‘‘(B) if applicable, an electronic commu- ‘‘(D) a statement of proposed minimization contains all statements and certifications nication service provider to provide to the procedures that meet the definition of mini- Government forthwith all information, fa- required by subsection (b) and the certifi- mization procedures under section 101(h) or cilities, or assistance necessary to accom- cation or certifications are not clearly erro- 301(4), as appropriate; plish the acquisition authorized under such neous on the basis of the statement made ‘‘(E) a description of the nature of the in- order in a manner that will protect the se- under subsection (b)(1)(F)(v) and any other formation sought and the type of commu- crecy of the acquisition and produce a min- information furnished under subsection nications or activities to be subjected to ac- imum of interference with the services that (b)(3). quisition; such electronic communication service pro- ‘‘(2) PROBABLE CAUSE.—In determining ‘‘(F) a certification made by the Attorney vider is providing to the target of the acqui- General or an official specified in section whether or not probable cause exists for pur- sition; 104(a)(6) that— poses of paragraph (1)(B), a judge having ju- ‘‘(C) if applicable, an electronic commu- ‘‘(i) the certifying official deems the infor- risdiction under subsection (a)(1) may con- nication service provider to maintain under mation sought to be foreign intelligence in- sider past activities of the target and facts security procedures approved by the Attor- formation; and circumstances relating to current or fu- ney General any records concerning the ac- ‘‘(ii) a significant purpose of the acquisi- ture activities of the target. No United quisition or the aid furnished that such elec- tion is to obtain foreign intelligence infor- States person may be considered a foreign tronic communication service provider wish- mation; power, agent of a foreign power, or officer or es to maintain; and ‘‘(iii) such information cannot reasonably employee of a foreign power solely upon the ‘‘(D) if applicable, that the Government be obtained by normal investigative tech- basis of activities protected by the first compensate, at the prevailing rate, such niques; amendment to the Constitution of the electronic communication service provider ‘‘(iv) designates the type of foreign intel- United States. for providing such information, facilities, or ligence information being sought according ‘‘(3) REVIEW.— assistance. to the categories described in section 101(e); ‘‘(A) LIMITATION ON REVIEW.—Review by a ‘‘(6) DURATION.—An order approved under and judge having jurisdiction under subsection this subsection shall be effective for a period ‘‘(v) includes a statement of the basis for (a)(1) shall be limited to that required to not to exceed 90 days and such order may be the certification that— make the findings described in paragraph (1). renewed for additional 90-day periods upon ‘‘(I) the information sought is the type of ‘‘(B) REVIEW OF PROBABLE CAUSE.—If the submission of renewal applications meeting foreign intelligence information designated; judge determines that the facts submitted the requirements of subsection (b). and under subsection (b) are insufficient to es- ‘‘(7) COMPLIANCE.—At or prior to the end of ‘‘(II) such information cannot reasonably tablish probable cause under paragraph the period of time for which an acquisition is be obtained by normal investigative tech- (1)(B), the judge shall enter an order so stat- approved by an order or extension under this niques; ing and provide a written statement for the section, the judge may assess compliance ‘‘(G) a summary statement of the means by record of the reasons for the determination. with the minimization procedures referred to which the acquisition will be conducted and The Government may appeal an order under in paragraph (1)(C) by reviewing the cir- whether physical entry is required to effect this subparagraph pursuant to subsection (f). cumstances under which information con- the acquisition; ‘‘(C) REVIEW OF MINIMIZATION PROCE- cerning United States persons was acquired, ‘‘(H) the identity of any electronic commu- DURES.—If the judge determines that the pro- retained, or disseminated. nication service provider necessary to effect posed minimization procedures referred to in ‘‘(d) EMERGENCY AUTHORIZATION.— the acquisition, provided that the applica- paragraph (1)(C) do not meet the definition ‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA- tion is not required to identify the specific of minimization procedures under section TION.—Notwithstanding any other provision facilities, places, premises, or property at 101(h) or 301(4), as appropriate, the judge of this Act, if the Attorney General reason- which the acquisition authorized under this shall enter an order so stating and provide a ably determines that— section will be directed or conducted; written statement for the record of the rea- ‘‘(A) an emergency situation exists with ‘‘(I) a statement of the facts concerning sons for the determination. The Government respect to the acquisition of foreign intel- any previous applications that have been may appeal an order under this subparagraph ligence information for which an order may made to any judge of the Foreign Intel- pursuant to subsection (f). be obtained under subsection (c) before an ligence Surveillance Court involving the ‘‘(D) REVIEW OF CERTIFICATION.—If the order authorizing such acquisition can with United States person specified in the appli- judge determines that an application pursu- due diligence be obtained, and cation and the action taken on each previous ant to subsection (b) does not contain all of ‘‘(B) the factual basis for issuance of an application; and the required elements, or that the certifi- order under this subsection to approve such ‘‘(J) a statement of the period of time for cation or certifications are clearly erroneous acquisition exists, which the acquisition is required to be main- on the basis of the statement made under the Attorney General may authorize such ac- tained, provided that such period of time subsection (b)(1)(F)(v) and any other infor- quisition if a judge having jurisdiction under shall not exceed 90 days per application. mation furnished under subsection (b)(3), the subsection (a)(1) is informed by the Attorney ‘‘(2) OTHER REQUIREMENTS OF THE ATTORNEY judge shall enter an order so stating and pro- General, or a designee of the Attorney Gen- GENERAL.—The Attorney General may re- vide a written statement for the record of eral, at the time of such authorization that quire any other affidavit or certification the reasons for the determination. The Gov- the decision has been made to conduct such from any other officer in connection with ernment may appeal an order under this sub- acquisition and if an application in accord- the application. paragraph pursuant to subsection (f). ance with this section is made to a judge of ‘‘(3) OTHER REQUIREMENTS OF THE JUDGE.— ‘‘(4) SPECIFICATIONS.—An order approving the Foreign Intelligence Surveillance Court The judge may require the applicant to fur- an acquisition under this subsection shall as soon as practicable, but not more than 7 nish such other information as may be nec- specify— days after the Attorney General authorizes essary to make the findings required by sub- ‘‘(A) the identity, if known, or a descrip- such acquisition. section (c)(1). tion of the United States person who is the ‘‘(2) MINIMIZATION PROCEDURES.—If the At- ‘‘(c) ORDER.— target of the acquisition identified or de- torney General authorizes an acquisition ‘‘(1) FINDINGS.—Upon an application made scribed in the application pursuant to sub- under paragraph (1), the Attorney General pursuant to subsection (b), the Foreign Intel- section (b)(1)(B); shall require that the minimization proce- ligence Surveillance Court shall enter an ex ‘‘(B) if provided in the application pursu- dures referred to in subsection (c)(1)(C) for parte order as requested or as modified by ant to subsection (b)(1)(H), the nature and lo- the issuance of a judicial order be followed. the Court approving the acquisition if the cation of each of the facilities or places at ‘‘(3) TERMINATION OF EMERGENCY AUTHOR- Court finds that— which the acquisition will be directed; IZATION.—In the absence of a judicial order

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.007 H20JNPT1 jbell on PROD1PC69 with HOUSE H5748 CONGRESSIONAL RECORD — HOUSE June 20, 2008 approving an acquisition under paragraph spectively, or any other provision of this who is the target of the acquisition, there is (1), such acquisition shall terminate when Act. probable cause to believe that the target is— the information sought is obtained, when the ‘‘(3) LIMITATIONS.— ‘‘(i) a person reasonably believed to be lo- application for the order is denied, or after ‘‘(A) MOVING OR MISIDENTIFIED TARGETS.—If cated outside the United States; and the expiration of 7 days from the time of au- a United States person targeted under this ‘‘(ii) a foreign power, an agent of a foreign thorization by the Attorney General, which- subsection is reasonably believed to be lo- power, or an officer or employee of a foreign ever is earliest. cated in the United States during the effec- power; ‘‘(4) USE OF INFORMATION.—If an applica- tive period of an order issued pursuant to ‘‘(C) the proposed minimization proce- tion for approval submitted pursuant to subsection (c), an acquisition targeting such dures, with respect to their dissemination paragraph (1) is denied, or in any other case United States person under this section shall provisions, meet the definition of minimiza- where the acquisition is terminated and no cease unless the targeted United States per- tion procedures under section 101(h) or 301(4), order is issued approving the acquisition, no son is again reasonably believed to be lo- as appropriate; and information obtained or evidence derived cated outside the United States during the ‘‘(D) the application that has been filed from such acquisition, except under cir- effective period of such order. contains all statements and certifications cumstances in which the target of the acqui- ‘‘(B) APPLICABILITY.—If an acquisition for required by subsection (b) and the certifi- sition is determined not to be a United foreign intelligence purposes is to be con- cation provided under subsection (b)(5) is not States person, shall be received in evidence ducted inside the United States and could be clearly erroneous on the basis of the infor- or otherwise disclosed in any trial, hearing, authorized under section 703, the acquisition mation furnished under subsection (b). or other proceeding in or before any court, may only be conducted if authorized under ‘‘(2) PROBABLE CAUSE.—In determining grand jury, department, office, agency, regu- section 703 or in accordance with another whether or not probable cause exists for pur- latory body, legislative committee, or other provision of this Act other than this section. poses of paragraph (1)(B), a judge having ju- authority of the United States, a State, or ‘‘(C) CONSTRUCTION.—Nothing in this para- risdiction under subsection (a)(1) may con- political subdivision thereof, and no infor- graph shall be construed to limit the author- sider past activities of the target and facts mation concerning any United States person ity of the Government to seek an order or and circumstances relating to current or fu- acquired from such acquisition shall subse- authorization under, or otherwise engage in ture activities of the target. No United quently be used or disclosed in any other any activity that is authorized under, any States person may be considered a foreign manner by Federal officers or employees other title of this Act. power, agent of a foreign power, or officer or without the consent of such person, except ‘‘(b) APPLICATION.—Each application for an employee of a foreign power solely upon the with the approval of the Attorney General if order under this section shall be made by a basis of activities protected by the first the information indicates a threat of death Federal officer in writing upon oath or affir- amendment to the Constitution of the or serious bodily harm to any person. mation to a judge having jurisdiction under United States. ‘‘(e) RELEASE FROM LIABILITY.—No cause of subsection (a)(1). Each application shall re- ‘‘(3) REVIEW.— action shall lie in any court against any quire the approval of the Attorney General ‘‘(A) LIMITATIONS ON REVIEW.—Review by a electronic communication service provider based upon the Attorney General’s finding judge having jurisdiction under subsection for providing any information, facilities, or that it satisfies the criteria and require- (a)(1) shall be limited to that required to assistance in accordance with an order or re- ments of such application as set forth in this make the findings described in paragraph (1). quest for emergency assistance issued pursu- section and shall include— The judge shall not have jurisdiction to re- ant to subsection (c) or (d), respectively. ‘‘(1) the identity of the Federal officer view the means by which an acquisition ‘‘(f) APPEAL.— making the application; under this section may be conducted. ‘‘(1) APPEAL TO THE FOREIGN INTELLIGENCE ‘‘(2) the identity, if known, or a description ‘‘(B) REVIEW OF PROBABLE CAUSE.—If the SURVEILLANCE COURT OF REVIEW.—The Gov- of the specific United States person who is ernment may file a petition with the Foreign judge determines that the facts submitted the target of the acquisition; Intelligence Surveillance Court of Review for under subsection (b) are insufficient to es- ‘‘(3) a statement of the facts and cir- review of an order issued pursuant to sub- tablish probable cause to issue an order cumstances relied upon to justify the appli- section (c). The Court of Review shall have under this subsection, the judge shall enter cant’s belief that the United States person jurisdiction to consider such petition and an order so stating and provide a written who is the target of the acquisition is— shall provide a written statement for the statement for the record of the reasons for ‘‘(A) a person reasonably believed to be lo- record of the reasons for a decision under such determination. The Government may cated outside the United States; and this paragraph. appeal an order under this subparagraph pur- ‘‘(B) a foreign power, an agent of a foreign suant to subsection (e). ‘‘(2) CERTIORARI TO THE SUPREME COURT.— power, or an officer or employee of a foreign The Government may file a petition for a ‘‘(C) REVIEW OF MINIMIZATION PROCE- power; writ of certiorari for review of a decision of DURES.—If the judge determines that the ‘‘(4) a statement of proposed minimization the Court of Review issued under paragraph minimization procedures applicable to dis- procedures that meet the definition of mini- (1). The record for such review shall be trans- semination of information obtained through mization procedures under section 101(h) or mitted under seal to the Supreme Court of an acquisition under this subsection do not 301(4), as appropriate; the United States, which shall have jurisdic- meet the definition of minimization proce- ‘‘(5) a certification made by the Attorney tion to review such decision. dures under section 101(h) or 301(4), as appro- General, an official specified in section ‘‘(g) CONSTRUCTION.—Except as provided in priate, the judge shall enter an order so stat- this section, nothing in this Act shall be con- 104(a)(6), or the head of an element of the in- ing and provide a written statement for the strued to require an application for a court telligence community that— record of the reasons for such determination. order for an acquisition that is targeted in ‘‘(A) the certifying official deems the infor- The Government may appeal an order under accordance with this section at a United mation sought to be foreign intelligence in- this subparagraph pursuant to subsection (e). States person reasonably believed to be lo- formation; and ‘‘(D) SCOPE OF REVIEW OF CERTIFICATION.—If cated outside the United States. ‘‘(B) a significant purpose of the acquisi- the judge determines that an application ‘‘SEC. 704. OTHER ACQUISITIONS TARGETING tion is to obtain foreign intelligence infor- under subsection (b) does not contain all the UNITED STATES PERSONS OUTSIDE mation; required elements, or that the certification THE UNITED STATES. ‘‘(6) a statement of the facts concerning provided under subsection (b)(5) is clearly er- ‘‘(a) JURISDICTION AND SCOPE.— any previous applications that have been roneous on the basis of the information fur- ‘‘(1) JURISDICTION.—The Foreign Intel- made to any judge of the Foreign Intel- nished under subsection (b), the judge shall ligence Surveillance Court shall have juris- ligence Surveillance Court involving the enter an order so stating and provide a writ- diction to enter an order pursuant to sub- United States person specified in the appli- ten statement for the record of the reasons section (c). cation and the action taken on each previous for such determination. The Government ‘‘(2) SCOPE.—No element of the intelligence application; and may appeal an order under this subparagraph community may intentionally target, for the ‘‘(7) a statement of the period of time for pursuant to subsection (e). purpose of acquiring foreign intelligence in- which the acquisition is required to be main- ‘‘(4) DURATION.—An order under this para- formation, a United States person reason- tained, provided that such period of time graph shall be effective for a period not to ably believed to be located outside the shall not exceed 90 days per application. exceed 90 days and such order may be re- United States under circumstances in which ‘‘(c) ORDER.— newed for additional 90-day periods upon sub- the targeted United States person has a rea- ‘‘(1) FINDINGS.—Upon an application made mission of renewal applications meeting the sonable expectation of privacy and a warrant pursuant to subsection (b), the Foreign Intel- requirements of subsection (b). would be required if the acquisition were ligence Surveillance Court shall enter an ex ‘‘(5) COMPLIANCE.—At or prior to the end of conducted inside the United States for law parte order as requested or as modified by the period of time for which an order or ex- enforcement purposes, unless a judge of the the Court if the Court finds that— tension is granted under this section, the Foreign Intelligence Surveillance Court has ‘‘(A) the application has been made by a judge may assess compliance with the mini- entered an order with respect to such tar- Federal officer and approved by the Attorney mization procedures referred to in paragraph geted United States person or the Attorney General; (1)(C) by reviewing the circumstances under General has authorized an emergency acqui- ‘‘(B) on the basis of the facts submitted by which information concerning United States sition pursuant to subsection (c) or (d), re- the applicant, for the United States person persons was disseminated, provided that the

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JOINT APPLICATIONS AND CONCUR- of National Intelligence issued a directive cumstances relating to the conduct of the RENT AUTHORIZATIONS. under section 702(h); and acquisition. ‘‘(a) JOINT APPLICATIONS AND ORDERS.—If ‘‘(ii) by an element of the intelligence com- an acquisition targeting a United States per- munity with procedures and guidelines ‘‘(d) EMERGENCY AUTHORIZATION.— son under section 703 or 704 is proposed to be adopted in accordance with subsections (d), ‘‘(1) AUTHORITY FOR EMERGENCY AUTHORIZA- conducted both inside and outside the United (e), and (f) of section 702; and TION.—Notwithstanding any other provision States, a judge having jurisdiction under sec- ‘‘(H) any procedures implementing section of this section, if the Attorney General rea- tion 703(a)(1) or 704(a)(1) may issue simulta- 702; sonably determines that— neously, upon the request of the Government ‘‘(2) with respect to section 703— ‘‘(A) an emergency situation exists with in a joint application complying with the re- ‘‘(A) the total number of applications made respect to the acquisition of foreign intel- quirements of sections 703(b) and 704(b), or- for orders under section 703(b); ligence information for which an order may ders under sections 703(c) and 704(c), as ap- ‘‘(B) the total number of such orders— be obtained under subsection (c) before an propriate. ‘‘(i) granted; order under that subsection can, with due ‘‘(b) CONCURRENT AUTHORIZATION.—If an ‘‘(ii) modified; and diligence, be obtained, and order authorizing electronic surveillance or ‘‘(iii) denied; and ‘‘(B) the factual basis for the issuance of an physical search has been obtained under sec- ‘‘(C) the total number of emergency acqui- order under this section exists, tion 105 or 304, the Attorney General may au- sitions authorized by the Attorney General the Attorney General may authorize the thorize, for the effective period of that order, under section 703(d) and the total number of emergency acquisition if a judge having ju- without an order under section 703 or 704, the subsequent orders approving or denying such risdiction under subsection (a)(1) is informed targeting of that United States person for acquisitions; and by the Attorney General or a designee of the the purpose of acquiring foreign intelligence ‘‘(3) with respect to section 704— Attorney General at the time of such author- information while such person is reasonably ‘‘(A) the total number of applications made ization that the decision has been made to believed to be located outside the United for orders under section 704(b); conduct such acquisition and if an applica- States. ‘‘(B) the total number of such orders— tion in accordance with this section is made ‘‘SEC. 706. USE OF INFORMATION ACQUIRED ‘‘(i) granted; to a judge of the Foreign Intelligence Sur- UNDER TITLE VII. ‘‘(ii) modified; and veillance Court as soon as practicable, but ‘‘(a) INFORMATION ACQUIRED UNDER SECTION ‘‘(iii) denied; and not more than 7 days after the Attorney 702.—Information acquired from an acquisi- ‘‘(C) the total number of emergency acqui- General authorizes such acquisition. tion conducted under section 702 shall be sitions authorized by the Attorney General ‘‘(2) MINIMIZATION PROCEDURES.—If the At- deemed to be information acquired from an under section 704(d) and the total number of torney General authorizes an emergency ac- electronic surveillance pursuant to title I for subsequent orders approving or denying such quisition under paragraph (1), the Attorney purposes of section 106, except for the pur- applications. General shall require that the minimization poses of subsection (j) of such section. ‘‘SEC. 708. SAVINGS PROVISION. procedures referred to in subsection (c)(1)(C) ‘‘(b) INFORMATION ACQUIRED UNDER SECTION ‘‘Nothing in this title shall be construed to be followed. 703.—Information acquired from an acquisi- limit the authority of the Government to ‘‘(3) TERMINATION OF EMERGENCY AUTHOR- tion conducted under section 703 shall be seek an order or authorization under, or oth- IZATION.—In the absence of an order under deemed to be information acquired from an erwise engage in any activity that is author- subsection (c), an emergency acquisition electronic surveillance pursuant to title I for ized under, any other title of this Act.’’. under paragraph (1) shall terminate when the purposes of section 106. (b) TABLE OF CONTENTS.—The table of con- information sought is obtained, if the appli- ‘‘SEC. 707. CONGRESSIONAL OVERSIGHT. tents in the first section of the Foreign In- cation for the order is denied, or after the ex- ‘‘(a) SEMIANNUAL REPORT.—Not less fre- telligence Surveillance Act of 1978 (50 U.S.C. piration of 7 days from the time of author- quently than once every 6 months, the Attor- 1801 et seq.) is amended— ization by the Attorney General, whichever ney General shall fully inform, in a manner (1) by striking the item relating to title is earliest. consistent with national security, the con- VII; ‘‘(4) USE OF INFORMATION.—If an applica- gressional intelligence committees and the (2) by striking the item relating to section tion submitted to the Court pursuant to Committees on the Judiciary of the Senate 701; and paragraph (1) is denied, or in any other case and the House of Representatives, consistent (3) by adding at the end the following: where the acquisition is terminated and no with the Rules of the House of Representa- ‘‘TITLE VII—ADDITIONAL PROCEDURES order with respect to the target of the acqui- tives, the Standing Rules of the Senate, and sition is issued under subsection (c), no in- REGARDING CERTAIN PERSONS OUT- Senate Resolution 400 of the 94th Congress or SIDE THE UNITED STATES formation obtained or evidence derived from any successor Senate resolution, concerning such acquisition, except under cir- the implementation of this title. ‘‘Sec. 701. Definitions. cumstances in which the target of the acqui- ‘‘(b) CONTENT.—Each report under sub- ‘‘Sec. 702. Procedures for targeting certain sition is determined not to be a United section (a) shall include— persons outside the United States person, shall be received in evidence ‘‘(1) with respect to section 702— States other than United States or otherwise disclosed in any trial, hearing, ‘‘(A) any certifications submitted in ac- persons. or other proceeding in or before any court, cordance with section 702(g) during the re- ‘‘Sec. 703. Certain acquisitions inside the grand jury, department, office, agency, regu- porting period; United States targeting United latory body, legislative committee, or other ‘‘(B) with respect to each determination States persons outside the authority of the United States, a State, or under section 702(c)(2), the reasons for exer- United States. political subdivision thereof, and no infor- cising the authority under such section; ‘‘Sec. 704. Other acquisitions targeting mation concerning any United States person ‘‘(C) any directives issued under section United States persons outside acquired from such acquisition shall subse- 702(h) during the reporting period; the United States. quently be used or disclosed in any other ‘‘(D) a description of the judicial review ‘‘Sec. 705. Joint applications and concurrent manner by Federal officers or employees during the reporting period of such certifi- authorizations. without the consent of such person, except cations and targeting and minimization pro- ‘‘Sec. 706. Use of information acquired under with the approval of the Attorney General if cedures adopted in accordance with sub- title VII. the information indicates a threat of death sections (d) and (e) of section 702 and utilized ‘‘Sec. 707. Congressional oversight. or serious bodily harm to any person. with respect to an acquisition under such ‘‘Sec. 708. Savings provision.’’. ‘‘(e) APPEAL.— section, including a copy of an order or (c) TECHNICAL AND CONFORMING AMEND- ‘‘(1) APPEAL TO THE COURT OF REVIEW.—The pleading in connection with such review that MENTS.— Government may file a petition with the contains a significant legal interpretation of (1) TITLE 18, UNITED STATES CODE.—Section Foreign Intelligence Surveillance Court of the provisions of section 702; 2511(2)(a)(ii)(A) of title 18, United States Review for review of an order issued pursu- ‘‘(E) any actions taken to challenge or en- Code, is amended by inserting ‘‘or a court ant to subsection (c). The Court of Review force a directive under paragraph (4) or (5) of order pursuant to section 704 of the Foreign shall have jurisdiction to consider such peti- section 702(h); Intelligence Surveillance Act of 1978’’ after tion and shall provide a written statement ‘‘(F) any compliance reviews conducted by ‘‘assistance’’. for the record of the reasons for a decision the Attorney General or the Director of Na- (2) FOREIGN INTELLIGENCE SURVEILLANCE under this paragraph. tional Intelligence of acquisitions authorized ACT OF 1978.—Section 601(a)(1) of the Foreign ‘‘(2) CERTIORARI TO THE SUPREME COURT.— under section 702(a); Intelligence Surveillance Act of 1978 (50 The Government may file a petition for a ‘‘(G) a description of any incidents of non- U.S.C. 1871(a)(1)) is amended— writ of certiorari for review of a decision of compliance— (A) in subparagraph (C), by striking ‘‘and’’; the Court of Review issued under paragraph ‘‘(i) with a directive issued by the Attorney and (1). The record for such review shall be trans- General and the Director of National Intel- (B) by adding at the end the following new mitted under seal to the Supreme Court of ligence under section 702(h), including inci- subparagraphs: the United States, which shall have jurisdic- dents of noncompliance by a specified person ‘‘(E) acquisitions under section 703; and tion to review such decision.’’ to whom the Attorney General and Director ‘‘(F) acquisitions under section 704;’’.

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STATEMENT OF EXCLUSIVE MEANS BY ‘‘(2) a copy of each such decision, order, or (B) in subparagraph (E), by striking ‘‘; WHICH ELECTRONIC SURVEILLANCE opinion, and any pleadings, applications, or and’’ and inserting a period; and AND INTERCEPTION OF CERTAIN memoranda of law associated with such deci- (C) by striking subparagraph (F); COMMUNICATIONS MAY BE CON- sion, order, or opinion, that was issued dur- (4) by striking subsection (d); DUCTED. ing the 5-year period ending on the date of (5) by redesignating subsections (e) (a) STATEMENT OF EXCLUSIVE MEANS.— Title I of the Foreign Intelligence Surveil- the enactment of the FISA Amendments Act through (i) as subsections (d) through (h), re- lance Act of 1978 (50 U.S.C. 1801 et seq.) is of 2008 and not previously submitted in a re- spectively; amended by adding at the end the following port under subsection (a). (6) by amending subsection (e), as redesig- ‘‘(d) PROTECTION OF NATIONAL SECURITY.— new section: nated by paragraph (5) of this section, to The Attorney General, in consultation with read as follows: ‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH the Director of National Intelligence, may ‘‘(e)(1) Notwithstanding any other provi- ELECTRONIC SURVEILLANCE AND INTERCEP- authorize redactions of materials described sion of this title, the Attorney General may TION OF CERTAIN COMMUNICATIONS MAY BE in subsection (c) that are provided to the authorize the emergency employment of CONDUCTED committees of Congress referred to in sub- electronic surveillance if the Attorney Gen- ‘‘SEC. 112. (a) Except as provided in sub- section (a), if such redactions are necessary eral— section (b), the procedures of chapters 119, to protect the national security of the ‘‘(A) reasonably determines that an emer- 121, and 206 of title 18, United States Code, United States and are limited to sensitive gency situation exists with respect to the and this Act shall be the exclusive means by sources and methods information or the employment of electronic surveillance to ob- which electronic surveillance and the inter- identities of targets.’’. tain foreign intelligence information before ception of domestic wire, oral, or electronic (c) DEFINITIONS.—Such section 601, as an order authorizing such surveillance can communications may be conducted. amended by subsections (a) and (b), is fur- with due diligence be obtained; ‘‘(b) Only an express statutory authoriza- ther amended by adding at the end the fol- ‘‘(B) reasonably determines that the fac- tion for electronic surveillance or the inter- lowing: tual basis for the issuance of an order under ception of domestic wire, oral, or electronic ‘‘(e) DEFINITIONS.—In this section: this title to approve such electronic surveil- communications, other than as an amend- ‘‘(1) FOREIGN INTELLIGENCE SURVEILLANCE lance exists; ment to this Act or chapters 119, 121, or 206 COURT.—The term ‘Foreign Intelligence Sur- ‘‘(C) informs, either personally or through of title 18, United States Code, shall con- veillance Court’ means the court established a designee, a judge having jurisdiction under stitute an additional exclusive means for the under section 103(a). section 103 at the time of such authorization purpose of subsection (a).’’. ‘‘(2) FOREIGN INTELLIGENCE SURVEILLANCE that the decision has been made to employ (b) OFFENSE.—Section 109(a) of the Foreign COURT OF REVIEW.—The term ‘Foreign Intel- emergency electronic surveillance; and Intelligence Surveillance Act of 1978 (50 ligence Surveillance Court of Review’ means ‘‘(D) makes an application in accordance U.S.C. 1809(a)) is amended by striking ‘‘au- the court established under section 103(b).’’. with this title to a judge having jurisdiction thorized by statute’’ each place it appears SEC. 104. APPLICATIONS FOR COURT ORDERS. under section 103 as soon as practicable, but and inserting ‘‘authorized by this Act, chap- Section 104 of the Foreign Intelligence Sur- not later than 7 days after the Attorney Gen- ter 119, 121, or 206 of title 18, United States veillance Act of 1978 (50 U.S.C. 1804) is eral authorizes such surveillance. Code, or any express statutory authorization amended— ‘‘(2) If the Attorney General authorizes the that is an additional exclusive means for (1) in subsection (a)— emergency employment of electronic surveil- conducting electronic surveillance under sec- (A) by striking paragraphs (2) and (11); lance under paragraph (1), the Attorney Gen- tion 112.’’; and (B) by redesignating paragraphs (3) eral shall require that the minimization pro- (c) CONFORMING AMENDMENTS.— through (10) as paragraphs (2) through (9), re- cedures required by this title for the (1) TITLE 18, UNITED STATES CODE.—Section 2511(2)(a) of title 18, United States Code, is spectively; issuance of a judicial order be followed. amended by adding at the end the following: (C) in paragraph (5), as redesignated by ‘‘(3) In the absence of a judicial order ap- ‘‘(iii) If a certification under subparagraph subparagraph (B) of this paragraph, by strik- proving such electronic surveillance, the sur- (ii)(B) for assistance to obtain foreign intel- ing ‘‘detailed’’; veillance shall terminate when the informa- ligence information is based on statutory au- (D) in paragraph (6), as redesignated by tion sought is obtained, when the application thority, the certification shall identify the subparagraph (B) of this paragraph, in the for the order is denied, or after the expira- specific statutory provision and shall certify matter preceding subparagraph (A)— tion of 7 days from the time of authorization that the statutory requirements have been (i) by striking ‘‘Affairs or’’ and inserting by the Attorney General, whichever is ear- met.’’; and ‘‘Affairs,’’; and liest. (ii) by striking ‘‘Senate—’’ and inserting (2) TABLE OF CONTENTS.—The table of con- ‘‘(4) A denial of the application made under tents in the first section of the Foreign In- ‘‘Senate, or the Deputy Director of the Fed- this subsection may be reviewed as provided telligence Surveillance Act of 1978 (50 U.S.C. eral Bureau of Investigation, if designated by in section 103. 1801 et seq.) is amended by inserting after the President as a certifying official—’’; ‘‘(5) In the event that such application for the item relating to section 111, the fol- (E) in paragraph (7), as redesignated by approval is denied, or in any other case lowing new item: subparagraph (B) of this paragraph, by strik- where the electronic surveillance is termi- ing ‘‘statement of’’ and inserting ‘‘summary nated and no order is issued approving the ‘‘Sec. 112. Statement of exclusive means by statement of’’; surveillance, no information obtained or evi- which electronic surveillance (F) in paragraph (8), as redesignated by dence derived from such surveillance shall be and interception of certain subparagraph (B) of this paragraph, by add- received in evidence or otherwise disclosed communications may be con- ing ‘‘and’’ at the end; and in any trial, hearing, or other proceeding in ducted.’’. (G) in paragraph (9), as redesignated by or before any court, grand jury, department, SEC. 103. SUBMITTAL TO CONGRESS OF CERTAIN subparagraph (B) of this paragraph, by strik- office, agency, regulatory body, legislative COURT ORDERS UNDER THE FOR- ing ‘‘; and’’ and inserting a period; EIGN INTELLIGENCE SURVEILLANCE committee, or other authority of the United ACT OF 1978. (2) by striking subsection (b); States, a State, or political subdivision (a) INCLUSION OF CERTAIN ORDERS IN SEMI- (3) by redesignating subsections (c) thereof, and no information concerning any ANNUAL REPORTS OF ATTORNEY GENERAL.— through (e) as subsections (b) through (d), re- United States person acquired from such sur- Subsection (a)(5) of section 601 of the Foreign spectively; and veillance shall subsequently be used or dis- Intelligence Surveillance Act of 1978 (50 (4) in paragraph (1)(A) of subsection (d), as closed in any other manner by Federal offi- U.S.C. 1871) is amended by striking ‘‘(not in- redesignated by paragraph (3) of this sub- cers or employees without the consent of cluding orders)’’ and inserting ‘‘, orders,’’. section, by striking ‘‘or the Director of Na- such person, except with the approval of the (b) REPORTS BY ATTORNEY GENERAL ON CER- tional Intelligence’’ and inserting ‘‘the Di- Attorney General if the information indi- TAIN OTHER ORDERS.—Such section 601 is fur- rector of National Intelligence, or the Direc- cates a threat of death or serious bodily ther amended by adding at the end the fol- tor of the Central Intelligence Agency’’. harm to any person. lowing: SEC. 105. ISSUANCE OF AN ORDER. ‘‘(6) The Attorney General shall assess ‘‘(c) SUBMISSIONS TO CONGRESS.—The Attor- (a) IN GENERAL.—Section 105 of the Foreign compliance with the requirements of para- ney General shall submit to the committees Intelligence Surveillance Act of 1978 (50 graph (5).’’; and of Congress referred to in subsection (a)— U.S.C. 1805) is amended— (7) by adding at the end the following: ‘‘(1) a copy of any decision, order, or opin- (1) in subsection (a)— ‘‘(i) In any case in which the Government ion issued by the Foreign Intelligence Sur- (A) by striking paragraph (1); and makes an application to a judge under this veillance Court or the Foreign Intelligence (B) by redesignating paragraphs (2) title to conduct electronic surveillance in- Surveillance Court of Review that includes through (5) as paragraphs (1) through (4), re- volving communications and the judge significant construction or interpretation of spectively; grants such application, upon the request of any provision of this Act, and any pleadings, (2) in subsection (b), by striking ‘‘(a)(3)’’ the applicant, the judge shall also authorize applications, or memoranda of law associ- and inserting ‘‘(a)(2)’’; the installation and use of pen registers and ated with such decision, order, or opinion, (3) in subsection (c)(1)— trap and trace devices, and direct the disclo- not later than 45 days after such decision, (A) in subparagraph (D), by adding ‘‘and’’ sure of the information set forth in section order, or opinion is issued; and at the end; 402(d)(2).’’.

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(b) CONFORMING AMENDMENT.—Section ‘‘(3) In the absence of a judicial order ap- ‘‘(C) For purposes of this paragraph, the 108(a)(2)(C) of the Foreign Intelligence Sur- proving such physical search, the physical court en banc shall consist of all judges who veillance Act of 1978 (50 U.S.C. 1808(a)(2)(C)) search shall terminate when the information constitute the court established under this is amended by striking ‘‘105(f)’’ and inserting sought is obtained, when the application for subsection.’’. ‘‘105(e)’’; the order is denied, or after the expiration of (2) CONFORMING AMENDMENTS.—The Foreign SEC. 106. USE OF INFORMATION. 7 days from the time of authorization by the Intelligence Surveillance Act of 1978 is fur- Subsection (i) of section 106 of the Foreign Attorney General, whichever is earliest. ther amended— ‘‘(4) A denial of the application made under Intelligence Surveillance Act of 1978 (8 (A) in subsection (a) of section 103, as this subsection may be reviewed as provided U.S.C. 1806) is amended by striking ‘‘radio amended by this subsection, by inserting in section 103. ‘‘(except when sitting en banc under para- communication’’ and inserting ‘‘communica- ‘‘(5) In the event that such application for tion’’. graph (2))’’ after ‘‘no judge designated under approval is denied, or in any other case this subsection’’; and SEC. 107. AMENDMENTS FOR PHYSICAL where the physical search is terminated and (B) in section 302(c) (50 U.S.C. 1822(c)), by SEARCHES. no order is issued approving the physical inserting ‘‘(except when sitting en banc)’’ (a) APPLICATIONS.—Section 303 of the For- search, no information obtained or evidence after ‘‘except that no judge’’. eign Intelligence Surveillance Act of 1978 (50 derived from such physical search shall be (c) STAY OR MODIFICATION DURING AN AP- U.S.C. 1823) is amended— received in evidence or otherwise disclosed PEAL.—Section 103 of the Foreign Intel- (1) in subsection (a)— in any trial, hearing, or other proceeding in ligence Surveillance Act of 1978 (50 U.S.C. (A) by striking paragraph (2); or before any court, grand jury, department, 1803) is amended— (B) by redesignating paragraphs (3) office, agency, regulatory body, legislative (1) by redesignating subsection (f) as sub- through (9) as paragraphs (2) through (8), re- committee, or other authority of the United section (g); and spectively; States, a State, or political subdivision (C) in paragraph (2), as redesignated by thereof, and no information concerning any (2) by inserting after subsection (e) the fol- subparagraph (B) of this paragraph, by strik- United States person acquired from such lowing new subsection: ing ‘‘detailed’’; physical search shall subsequently be used or ‘‘(f)(1) A judge of the court established (D) in paragraph (3)(C), as redesignated by disclosed in any other manner by Federal of- under subsection (a), the court established subparagraph (B) of this paragraph, by in- ficers or employees without the consent of under subsection (b) or a judge of that court, serting ‘‘or is about to be’’ before ‘‘owned’’; such person, except with the approval of the or the Supreme Court of the United States or and Attorney General if the information indi- a justice of that court, may, in accordance (E) in paragraph (6), as redesignated by cates a threat of death or serious bodily with the rules of their respective courts, subparagraph (B) of this paragraph, in the harm to any person. enter a stay of an order or an order modi- matter preceding subparagraph (A)— ‘‘(6) The Attorney General shall assess fying an order of the court established under (i) by striking ‘‘Affairs or’’ and inserting compliance with the requirements of para- subsection (a) or the court established under ‘‘Affairs,’’; and graph (5).’’. subsection (b) entered under any title of this (ii) by striking ‘‘Senate—’’ and inserting (c) CONFORMING AMENDMENTS.—The For- Act, while the court established under sub- ‘‘Senate, or the Deputy Director of the Fed- eign Intelligence Surveillance Act of 1978 (50 section (a) conducts a rehearing, while an ap- eral Bureau of Investigation, if designated by U.S.C. 1801 et seq.) is amended— peal is pending to the court established the President as a certifying official—’’; and (1) in section 304(a)(4), as redesignated by under subsection (b), or while a petition of (2) in subsection (d)(1)(A), by striking ‘‘or subsection (b) of this section, by striking certiorari is pending in the Supreme Court of the Director of National Intelligence’’ and ‘‘303(a)(7)(E)’’ and inserting ‘‘303(a)(6)(E)’’; the United States, or during the pendency of inserting ‘‘the Director of National Intel- and any review by that court. ligence, or the Director of the Central Intel- (2) in section 305(k)(2), by striking ‘‘(2) The authority described in paragraph ligence Agency’’. ‘‘303(a)(7)’’ and inserting ‘‘303(a)(6)’’. (1) shall apply to an order entered under any (b) ORDERS.—Section 304 of the Foreign In- SEC. 108. AMENDMENTS FOR EMERGENCY PEN provision of this Act.’’. telligence Surveillance Act of 1978 (50 U.S.C. REGISTERS AND TRAP AND TRACE (d) AUTHORITY OF FOREIGN INTELLIGENCE 1824) is amended— DEVICES. SURVEILLANCE COURT.—Section 103 of the (1) in subsection (a)— Section 403 of the Foreign Intelligence Sur- Foreign Intelligence Surveillance Act of 1978 (A) by striking paragraph (1); veillance Act of 1978 (50 U.S.C. 1843) is (50 U.S.C. 1803), as amended by this Act, is (B) by redesignating paragraphs (2) amended— amended by adding at the end the following: through (5) as paragraphs (1) through (4), re- (1) in subsection (a)(2), by striking ‘‘48 ‘‘(i) Nothing in this Act shall be construed spectively; and hours’’ and inserting ‘‘7 days’’; and to reduce or contravene the inherent author- (C) in paragraph (2)(B), as redesignated by (2) in subsection (c)(1)(C), by striking ‘‘48 ity of the court established under subsection subparagraph (B) of this paragraph, by in- hours’’ and inserting ‘‘7 days’’. (a) to determine or enforce compliance with serting ‘‘or is about to be’’ before ‘‘owned’’; SEC. 109. FOREIGN INTELLIGENCE SURVEIL- an order or a rule of such court or with a LANCE COURT. and procedure approved by such court.’’. (a) DESIGNATION OF JUDGES.—Subsection (2) by amending subsection (e) to read as SEC. 110. WEAPONS OF MASS DESTRUCTION. (a) of section 103 of the Foreign Intelligence follows: (a) DEFINITIONS.— Surveillance Act of 1978 (50 U.S.C. 1803) is ‘‘(e)(1) Notwithstanding any other provi- (1) FOREIGN POWER.—Subsection (a) of sec- amended by inserting ‘‘at least’’ before sion of this title, the Attorney General may tion 101 of the Foreign Intelligence Surveil- ‘‘seven of the United States judicial cir- authorize the emergency employment of a lance Act of 1978 (50 U.S.C. 1801(a)) is amend- cuits’’. physical search if the Attorney General— (b) EN BANC AUTHORITY.— ed— ‘‘(A) reasonably determines that an emer- (1) IN GENERAL.—Subsection (a) of section (A) in paragraph (5), by striking ‘‘persons; gency situation exists with respect to the 103 of the Foreign Intelligence Surveillance or’’ and inserting ‘‘persons;’’; employment of a physical search to obtain Act of 1978, as amended by subsection (a) of (B) in paragraph (6) by striking the period foreign intelligence information before an this section, is further amended— and inserting ‘‘; or’’; and order authorizing such physical search can (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and (C) by adding at the end the following new with due diligence be obtained; (B) by adding at the end the following new paragraph: ‘‘(B) reasonably determines that the fac- paragraph: ‘‘(7) an entity not substantially composed tual basis for issuance of an order under this ‘‘(2)(A) The court established under this of United States persons that is engaged in title to approve such physical search exists; subsection may, on its own initiative, or the international proliferation of weapons of ‘‘(C) informs, either personally or through upon the request of the Government in any mass destruction.’’. a designee, a judge of the Foreign Intel- proceeding or a party under section 501(f) or (2) AGENT OF A FOREIGN POWER.—Subsection ligence Surveillance Court at the time of paragraph (4) or (5) of section 702(h), hold a (b)(1) of such section 101 is amended— such authorization that the decision has hearing or rehearing, en banc, when ordered (A) in subparagraph (B), by striking ‘‘or’’ been made to employ an emergency physical by a majority of the judges that constitute at the end; search; and such court upon a determination that— (B) in subparagraph (C), by striking ‘‘or’’ ‘‘(D) makes an application in accordance ‘‘(i) en banc consideration is necessary to at the end; and with this title to a judge of the Foreign In- secure or maintain uniformity of the court’s (C) by adding at the end the following new telligence Surveillance Court as soon as decisions; or subparagraphs: practicable, but not more than 7 days after ‘‘(ii) the proceeding involves a question of ‘‘(D) engages in the international prolifera- the Attorney General authorizes such phys- exceptional importance. tion of weapons of mass destruction, or ac- ical search. ‘‘(B) Any authority granted by this Act to tivities in preparation therefor; or ‘‘(2) If the Attorney General authorizes the a judge of the court established under this ‘‘(E) engages in the international prolifera- emergency employment of a physical search subsection may be exercised by the court en tion of weapons of mass destruction, or ac- under paragraph (1), the Attorney General banc. When exercising such authority, the tivities in preparation therefor for or on be- shall require that the minimization proce- court en banc shall comply with any require- half of a foreign power; or’’. dures required by this title for the issuance ments of this Act on the exercise of such au- (3) FOREIGN INTELLIGENCE INFORMATION.— of a judicial order be followed. thority. Subsection (e)(1)(B) of such section 101 is

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.008 H20JNPT1 jbell on PROD1PC69 with HOUSE H5752 CONGRESSIONAL RECORD — HOUSE June 20, 2008 amended by striking ‘‘sabotage or inter- ‘‘(A) the Select Committee on Intelligence ‘‘(3) any assistance by that person was pro- national terrorism’’ and inserting ‘‘sabotage, of the Senate; and vided pursuant to a directive under section international terrorism, or the international ‘‘(B) the Permanent Select Committee on 102(a)(4), 105B(e), as added by section 2 of the proliferation of weapons of mass destruc- Intelligence of the House of Representatives. Protect America Act of 2007 (Public Law 110– tion’’. ‘‘(4) CONTENTS.—The term ‘contents’ has 55), or 702(h) directing such assistance; (4) WEAPON OF MASS DESTRUCTION.—Such the meaning given that term in section ‘‘(4) in the case of a covered civil action, section 101 is amended by adding at the end 101(n). the assistance alleged to have been provided the following new subsection: ‘‘(5) COVERED CIVIL ACTION.—The term ‘cov- by the electronic communication service ‘‘(p) ‘Weapon of mass destruction’ means— ered civil action’ means a civil action filed provider was— ‘‘(1) any explosive, incendiary, or poison in a Federal or State court that— ‘‘(A) in connection with an intelligence ac- gas device that is designed, intended, or has ‘‘(A) alleges that an electronic communica- tivity involving communications that was— the capability to cause a mass casualty inci- tion service provider furnished assistance to ‘‘(i) authorized by the President during the dent; an element of the intelligence community; period beginning on September 11, 2001, and ‘‘(2) any weapon that is designed, intended, and ending on January 17, 2007; and or has the capability to cause death or seri- ‘‘(B) seeks monetary or other relief from ‘‘(ii) designed to detect or prevent a ter- ous bodily injury to a significant number of the electronic communication service pro- rorist attack, or activities in preparation for persons through the release, dissemination, vider related to the provision of such assist- a terrorist attack, against the United States; or impact of toxic or poisonous chemicals or ance. and their precursors; ‘‘(6) ELECTRONIC COMMUNICATION SERVICE ‘‘(B) the subject of a written request or di- ‘‘(3) any weapon involving a biological PROVIDER.—The term ‘electronic communica- rective, or a series of written requests or di- agent, toxin, or vector (as such terms are de- tion service provider’ means— rectives, from the Attorney General or the fined in section 178 of title 18, United States ‘‘(A) a telecommunications carrier, as that head of an element of the intelligence com- Code) that is designed, intended, or has the term is defined in section 3 of the Commu- munity (or the deputy of such person) to the capability to cause death, illness, or serious nications Act of 1934 (47 U.S.C. 153); electronic communication service provider bodily injury to a significant number of per- ‘‘(B) a provider of electronic communica- indicating that the activity was— sons; or tion service, as that term is defined in sec- ‘‘(i) authorized by the President; and ‘‘(4) any weapon that is designed, intended, tion 2510 of title 18, United States Code; ‘‘(ii) determined to be lawful; or or has the capability to release radiation or ‘‘(C) a provider of a remote computing ‘‘(5) the person did not provide the alleged radioactivity causing death, illness, or seri- service, as that term is defined in section assistance. ous bodily injury to a significant number of 2711 of title 18, United States Code; ‘‘(b) JUDICIAL REVIEW.— persons.’’. ‘‘(D) any other communication service pro- ‘‘(1) REVIEW OF CERTIFICATIONS.—A certifi- (b) USE OF INFORMATION.— vider who has access to wire or electronic cation under subsection (a) shall be given ef- (1) IN GENERAL.—Section 106(k)(1)(B) of the fect unless the court finds that such certifi- Foreign Intelligence Surveillance Act of 1978 communications either as such communica- cation is not supported by substantial evi- (50 U.S.C. 1806(k)(1)(B)) is amended by strik- tions are transmitted or as such communica- dence provided to the court pursuant to this ing ‘‘sabotage or international terrorism’’ tions are stored; section. and inserting ‘‘sabotage, international ter- ‘‘(E) a parent, subsidiary, affiliate, suc- ‘‘(2) SUPPLEMENTAL MATERIALS.—In its re- rorism, or the international proliferation of cessor, or assignee of an entity described in view of a certification under subsection (a), weapons of mass destruction’’. subparagraph (A), (B), (C), or (D); or the court may examine the court order, cer- (2) PHYSICAL SEARCHES.—Section ‘‘(F) an officer, employee, or agent of an 305(k)(1)(B) of such Act (50 U.S.C. entity described in subparagraph (A), (B), tification, written request, or directive de- 1825(k)(1)(B)) is amended by striking ‘‘sabo- (C), (D), or (E). scribed in subsection (a) and any relevant tage or international terrorism’’ and insert- ‘‘(7) INTELLIGENCE COMMUNITY.—The term court order, certification, written request, or ing ‘‘sabotage, international terrorism, or ‘intelligence community’ has the meaning directive submitted pursuant to subsection the international proliferation of weapons of given the term in section 3(4) of the National (d). ‘‘(c) LIMITATIONS ON DISCLOSURE.—If the mass destruction’’. Security Act of 1947 (50 U.S.C. 401a(4)). Attorney General files a declaration under (c) TECHNICAL AND CONFORMING AMEND- ‘‘(8) PERSON.—The term ‘person’ means— MENTS.—The Foreign Intelligence Surveil- ‘‘(A) an electronic communication service section 1746 of title 28, United States Code, lance Act of 1978 is further amended— provider; or that disclosure of a certification made pur- (1) in paragraph (2) of section 105(d) (50 ‘‘(B) a landlord, custodian, or other person suant to subsection (a) or the supplemental U.S.C. 1805(d)), as redesignated by section who may be authorized or required to furnish materials provided pursuant to subsection 105(a)(5) of this Act, by striking ‘‘section assistance pursuant to— (b) or (d) would harm the national security 101(a) (5) or (6)’’ and inserting ‘‘paragraph (5), ‘‘(i) an order of the court established under of the United States, the court shall— (6), or (7) of section 101(a)’’; section 103(a) directing such assistance; ‘‘(1) review such certification and the sup- (2) in section 301(1) (50 U.S.C. 1821(1)), by ‘‘(ii) a certification in writing under sec- plemental materials in camera and ex parte; inserting ‘‘weapon of mass destruction,’’ tion 2511(2)(a)(ii)(B) or 2709(b) of title 18, and after ‘‘person,’’; and United States Code; or ‘‘(2) limit any public disclosure concerning (3) in section 304(d)(2) (50 U.S.C. 1824(d)(2)), ‘‘(iii) a directive under section 102(a)(4), such certification and the supplemental ma- by striking ‘‘section 101(a) (5) or (6)’’ and in- 105B(e), as added by section 2 of the Protect terials, including any public order following serting ‘‘paragraph (5), (6), or (7) of section America Act of 2007 (Public Law 110–55), or such in camera and ex parte review, to a 101(a)’’. 702(h). statement as to whether the case is dis- missed and a description of the legal stand- TITLE II—PROTECTIONS FOR ELEC- ‘‘(9) STATE.—The term ‘State’ means any ards that govern the order, without dis- TRONIC COMMUNICATION SERVICE State, political subdivision of a State, the closing the paragraph of subsection (a) that PROVIDERS Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession is the basis for the certification. SEC. 201. PROCEDURES FOR IMPLEMENTING ‘‘(d) ROLE OF THE PARTIES.—Any plaintiff STATUTORY DEFENSES UNDER THE of the United States, and includes any offi- cer, public utility commission, or other body or defendant in a civil action may submit FOREIGN INTELLIGENCE SURVEIL- any relevant court order, certification, writ- LANCE ACT OF 1978. authorized to regulate an electronic commu- The Foreign Intelligence Surveillance Act nication service provider. ten request, or directive to the district court of 1978 (50 U.S.C. 1801 et seq.), as amended by referred to in subsection (a) for review and ‘‘SEC. 802. PROCEDURES FOR IMPLEMENTING shall be permitted to participate in the brief- section 101, is further amended by adding at STATUTORY DEFENSES. the end the following new title: ing or argument of any legal issue in a judi- ‘‘(a) REQUIREMENT FOR CERTIFICATION.— cial proceeding conducted pursuant to this ‘‘TITLE VIII—PROTECTION OF PERSONS Notwithstanding any other provision of law, section, but only to the extent that such par- ASSISTING THE GOVERNMENT a civil action may not lie or be maintained ticipation does not require the disclosure of ‘‘SEC. 801. DEFINITIONS. in a Federal or State court against any per- classified information to such party. To the ‘‘In this title: son for providing assistance to an element of extent that classified information is relevant ‘‘(1) ASSISTANCE.—The term ‘assistance’ the intelligence community, and shall be to the proceeding or would be revealed in the means the provision of, or the provision of promptly dismissed, if the Attorney General determination of an issue, the court shall re- access to, information (including commu- certifies to the district court of the United view such information in camera and ex nication contents, communications records, States in which such action is pending that— parte, and shall issue any part of the court’s or other information relating to a customer ‘‘(1) any assistance by that person was pro- written order that would reveal classified in- or communication), facilities, or another vided pursuant to an order of the court es- formation in camera and ex parte and main- form of assistance. tablished under section 103(a) directing such tain such part under seal. ‘‘(2) CIVIL ACTION.—The term ‘civil action’ assistance; ‘‘(e) NONDELEGATION.—The authority and includes a covered civil action. ‘‘(2) any assistance by that person was pro- duties of the Attorney General under this ‘‘(3) CONGRESSIONAL INTELLIGENCE COMMIT- vided pursuant to a certification in writing section shall be performed by the Attorney TEES.—The term ‘congressional intelligence under section 2511(2)(a)(ii)(B) or 2709(b) of General (or Acting Attorney General) or the committees’ means— title 18, United States Code; Deputy Attorney General.

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‘‘(f) APPEAL.—The courts of appeals shall ‘‘Sec. 802. Procedures for implementing stat- (C) COORDINATION.—The Inspectors General have jurisdiction of appeals from interlocu- utory defenses. shall designate one of the Inspectors General tory orders of the district courts of the ‘‘Sec. 803. Preemption. required to conduct a review under para- United States granting or denying a motion ‘‘Sec. 804. Reporting.’’. graph (1) that is appointed by the President, to dismiss or for summary judgment under TITLE III—REVIEW OF PREVIOUS ACTIONS by and with the advice and consent of the this section. SEC. 301. REVIEW OF PREVIOUS ACTIONS. Senate, to coordinate the conduct of the re- ‘‘(g) REMOVAL.—A civil action against a (a) DEFINITIONS.—In this section: views and the preparation of the reports. person for providing assistance to an ele- (c) REPORTS.— (1) APPROPRIATE COMMITTEES OF CON- ment of the intelligence community that is (1) PRELIMINARY REPORTS.—Not later than GRESS.—The term ‘‘appropriate committees brought in a State court shall be deemed to of Congress’’ means— 60 days after the date of the enactment of arise under the Constitution and laws of the (A) the Select Committee on Intelligence this Act, the Inspectors General of the De- United States and shall be removable under and the Committee on the Judiciary of the partment of Justice, the Office of the Direc- section 1441 of title 28, United States Code. tor of National Intelligence, the National Se- ‘‘(h) RELATIONSHIP TO OTHER LAWS.—Noth- Senate; and (B) the Permanent Select Committee on curity Agency, the Department of Defense, ing in this section shall be construed to limit and any other Inspector General required to any otherwise available immunity, privilege, Intelligence and the Committee on the Judi- ciary of the House of Representatives. conduct a review under subsection (b)(1), or defense under any other provision of law. shall submit to the appropriate committees (2) FOREIGN INTELLIGENCE SURVEILLANCE ‘‘(i) APPLICABILITY.—This section shall of Congress an interim report that describes COURT.—The term ‘‘Foreign Intelligence Sur- apply to a civil action pending on or filed the planned scope of such review. after the date of the enactment of the FISA veillance Court’’ means the court established under section 103(a) of the Foreign Intel- (2) FINAL REPORT.—Not later than 1 year Amendments Act of 2008. after the date of the enactment of this Act, ‘‘SEC. 803. PREEMPTION. ligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). the Inspectors General of the Department of ‘‘(a) IN GENERAL.—No State shall have au- Justice, the Office of the Director of Na- (3) PRESIDENT’S SURVEILLANCE PROGRAM thority to— tional Intelligence, the National Security ‘‘(1) conduct an investigation into an elec- AND PROGRAM.—The terms ‘‘President’s Sur- veillance Program’’ and ‘‘Program’’ mean Agency, the Department of Defense, and any tronic communication service provider’s al- other Inspector General required to conduct leged assistance to an element of the intel- the intelligence activity involving commu- nications that was authorized by the Presi- a review under subsection (b)(1), shall submit ligence community; to the appropriate committees of Congress, ‘‘(2) require through regulation or any dent during the period beginning on Sep- tember 11, 2001, and ending on January 17, in a manner consistent with national secu- other means the disclosure of information rity, a comprehensive report on such reviews about an electronic communication service 2007, including the program referred to by the President in a radio address on December that includes any recommendations of any provider’s alleged assistance to an element such Inspectors General within the oversight of the intelligence community; 17, 2005 (commonly known as the Terrorist Surveillance Program). authority and responsibility of any such In- ‘‘(3) impose any administrative sanction on spector General with respect to the reviews. an electronic communication service pro- (b) REVIEWS.— (3) FORM.—A report under this subsection vider for assistance to an element of the in- (1) REQUIREMENT TO CONDUCT.—The Inspec- tors General of the Department of Justice, shall be submitted in unclassified form, but telligence community; or may include a classified annex. The unclassi- ‘‘(4) commence or maintain a civil action the Office of the Director of National Intel- ligence, the National Security Agency, the fied report shall not disclose the name or or other proceeding to enforce a requirement identity of any individual or entity of the that an electronic communication service Department of Defense, and any other ele- ment of the intelligence community that private sector that participated in the Pro- provider disclose information concerning al- gram or with whom there was communica- leged assistance to an element of the intel- participated in the President’s Surveillance Program, shall complete a comprehensive re- tion about the Program, to the extent that ligence community. information is classified. ‘‘(b) SUITS BY THE UNITED STATES.—The view of, with respect to the oversight au- (d) RESOURCES.— United States may bring suit to enforce the thority and responsibility of each such In- (1) EXPEDITED SECURITY CLEARANCE.—The provisions of this section. spector General— Director of National Intelligence shall en- ‘‘(c) JURISDICTION.—The district courts of (A) all of the facts necessary to describe the United States shall have jurisdiction the establishment, implementation, product, sure that the process for the investigation over any civil action brought by the United and use of the product of the Program; and adjudication of an application by an In- States to enforce the provisions of this sec- (B) access to legal reviews of the Program spector General or any appropriate staff of tion. and access to information about the Pro- an Inspector General for a security clearance ‘‘(d) APPLICATION.—This section shall apply gram; necessary for the conduct of the review to any investigation, action, or proceeding (C) communications with, and participa- under subsection (b)(1) is carried out as expe- that is pending on or commenced after the tion of, individuals and entities in the pri- ditiously as possible. date of the enactment of the FISA Amend- vate sector related to the Program; (2) ADDITIONAL PERSONNEL FOR THE INSPEC- ments Act of 2008. (D) interaction with the Foreign Intel- TORS GENERAL.—An Inspector General re- ‘‘SEC. 804. REPORTING. ligence Surveillance Court and transition to quired to conduct a review under subsection ‘‘(a) SEMIANNUAL REPORT.—Not less fre- court orders related to the Program; and (b)(1) and submit a report under subsection quently than once every 6 months, the Attor- (E) any other matters identified by any (c) is authorized to hire such additional per- ney General shall, in a manner consistent such Inspector General that would enable sonnel as may be necessary to carry out such with national security, the Rules of the that Inspector General to complete a review review and prepare such report in a prompt House of Representatives, the Standing of the Program, with respect to such Depart- and timely manner. Personnel authorized to Rules of the Senate, and Senate Resolution ment or element. be hired under this paragraph— (A) shall perform such duties relating to 400 of the 94th Congress or any successor (2) COOPERATION AND COORDINATION.— such a review as the relevant Inspector Gen- Senate resolution, fully inform the congres- (A) COOPERATION.—Each Inspector General sional intelligence committees, the Com- required to conduct a review under para- eral shall direct; and mittee on the Judiciary of the Senate, and graph (1) shall— (B) are in addition to any other personnel the Committee on the Judiciary of the House (i) work in conjunction, to the extent prac- authorized by law. of Representatives concerning the implemen- ticable, with any other Inspector General re- (3) TRANSFER OF PERSONNEL.—The Attor- tation of this title. quired to conduct such a review; and ney General, the Secretary of Defense, the ‘‘(b) CONTENT.—Each report made under (ii) utilize, to the extent practicable, and Director of National Intelligence, the Direc- subsection (a) shall include— not unnecessarily duplicate or delay, such tor of the National Security Agency, or the ‘‘(1) any certifications made under section reviews or audits that have been completed head of any other element of the intelligence 802; or are being undertaken by any such Inspec- community may transfer personnel to the ‘‘(2) a description of the judicial review of tor General or by any other office of the Ex- relevant Office of the Inspector General re- the certifications made under section 802; ecutive Branch related to the Program. quired to conduct a review under subsection (b)(1) and submit a report under subsection and (B) INTEGRATION OF OTHER REVIEWS.—The ‘‘(3) any actions taken to enforce the provi- Counsel of the Office of Professional Respon- (c) and, in addition to any other personnel sions of section 803.’’. sibility of the Department of Justice shall authorized by law, are authorized to fill any SEC. 202. TECHNICAL AMENDMENTS. provide the report of any investigation con- vacancy caused by such a transfer. Personnel The table of contents in the first section of ducted by such Office on matters relating to transferred under this paragraph shall per- the Foreign Intelligence Surveillance Act of the Program, including any investigation of form such duties relating to such review as 1978 (50 U.S.C. 1801 et seq.), as amended by the process through which legal reviews of the relevant Inspector General shall direct. section 101(b), is further amended by adding the Program were conducted and the sub- TITLE IV—OTHER PROVISIONS at the end the following: stance of such reviews, to the Inspector Gen- SEC. 401. SEVERABILITY. ‘‘TITLE VIII—PROTECTION OF PERSONS eral of the Department of Justice, who shall If any provision of this Act, any amend- ASSISTING THE GOVERNMENT integrate the factual findings and conclu- ment made by this Act, or the application ‘‘Sec. 801. Definitions. sions of such investigation into its review. thereof to any person or circumstances is

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held invalid, the validity of the remainder of tect America Act of 2007 (Public Law 110–55; (A) IN GENERAL.—If the Attorney General the Act, of any such amendments, and of the 121 Stat. 552), shall continue to apply to any and the Director of National Intelligence application of such provisions to other per- acquisition conducted pursuant to an order, seek to replace an authorization issued pur- sons and circumstances shall not be affected authorization, or directive referred to in suant to section 105B of the Foreign Intel- thereby. paragraph (1); and ligence Surveillance Act of 1978, as added by SEC. 402. EFFECTIVE DATE. (B) sections 105B and 105C of the Foreign section 2 of the Protect America Act of 2007 Except as provided in section 404, the Intelligence Surveillance Act of 1978, as (Public Law 110–55), with an authorization amendments made by this Act shall take ef- added by sections 2 and 3, respectively, of the under section 702 of the Foreign Intelligence fect on the date of the enactment of this Act. Protect America Act of 2007, shall continue Surveillance Act of 1978 (as added by section SEC. 403. REPEALS. to apply with respect to an order, authoriza- 101(a) of this Act), the Attorney General and (a) REPEAL OF PROTECT AMERICA ACT OF tion, or directive referred to in paragraph (1) the Director of National Intelligence shall, 2007 PROVISIONS.— until the later of— to the extent practicable, submit to the For- (1) AMENDMENTS TO FISA.— (i) the expiration of such order, authoriza- eign Intelligence Surveillance Court (as such (A) IN GENERAL.—Except as provided in sec- tion, or directive; or term is defined in section 701(b)(2) of such tion 404, sections 105A, 105B, and 105C of the (ii) the date on which final judgment is en- Act (as so added)) a certification prepared in Foreign Intelligence Surveillance Act of 1978 tered for any petition or other litigation re- accordance with subsection (g) of such sec- (50 U.S.C. 1805a, 1805b, and 1805c) are re- lating to such order, authorization, or direc- tion 702 and the procedures adopted in ac- pealed. tive. cordance with subsections (d) and (e) of such (B) TECHNICAL AND CONFORMING AMEND- section 702 at least 30 days before the expira- (3) USE OF INFORMATION.—Information ac- tion of such authorization. MENTS.— quired from an acquisition conducted pursu- (i) TABLE OF CONTENTS.—The table of con- (B) CONTINUATION OF EXISTING ORDERS.—If ant to an order, authorization, or directive tents in the first section of the Foreign In- the Attorney General and the Director of Na- referred to in paragraph (1) shall be deemed telligence Surveillance Act of 1978 (50 U.S.C. tional Intelligence seek to replace an au- to be information acquired from an elec- 1801 et seq.) is amended by striking the items thorization made pursuant to section 105B of tronic surveillance pursuant to title I of the relating to sections 105A, 105B, and 105C. the Foreign Intelligence Surveillance Act of Foreign Intelligence Surveillance Act of 1978 (ii) CONFORMING AMENDMENTS.—Except as 1978, as added by section 2 of the Protect (50 U.S.C. 1801 et seq.) for purposes of section provided in section 404, section 103(e) of the America Act of 2007 (Public Law 110–55; 121 106 of such Act (50 U.S.C. 1806), except for Foreign Intelligence Surveillance Act of 1978 Stat. 522), by filing a certification in accord- purposes of subsection (j) of such section. (50 U.S.C. 1803(e)) is amended— ance with subparagraph (A), that authoriza- (4) PROTECTION FROM LIABILITY.—Sub- (I) in paragraph (1), by striking ‘‘105B(h) or tion, and any directives issued thereunder section (l) of section 105B of the Foreign In- 501(f)(1)’’ and inserting ‘‘501(f)(1) or 702(h)(4)’’; and any order related thereto, shall remain and telligence Surveillance Act of 1978, as added in effect, notwithstanding the expiration (II) in paragraph (2), by striking ‘‘105B(h) by section 2 of the Protect America Act of provided for in subsection (a) of such section or 501(f)(1)’’ and inserting ‘‘501(f)(1) or 2007, shall continue to apply with respect to 105B, until the Foreign Intelligence Surveil- 702(h)(4)’’. any directives issued pursuant to such sec- lance Court (as such term is defined in sec- tion 105B. (2) REPORTING REQUIREMENTS.—Except as tion 701(b)(2) of the Foreign Intelligence Sur- provided in section 404, section 4 of the Pro- (5) JURISDICTION OF FOREIGN INTELLIGENCE veillance Act of 1978 (as so added)) issues an tect America Act of 2007 (Public Law 110–55; SURVEILLANCE COURT.—Notwithstanding any order with respect to that certification 121 Stat. 555) is repealed. other provision of this Act or of the Foreign under section 702(i)(3) of such Act (as so (3) TRANSITION PROCEDURES.—Except as Intelligence Surveillance Act of 1978 (50 added) at which time the provisions of that provided in section 404, subsection (b) of sec- U.S.C. 1801 et seq.), section 103(e) of the For- section and of section 702(i)(4) of such Act (as tion 6 of the Protect America Act of 2007 eign Intelligence Surveillance Act (50 U.S.C. so added) shall apply. (Public Law 110–55; 121 Stat. 556) is repealed. 1803(e)), as amended by section 5(a) of the (8) EFFECTIVE DATE.—Paragraphs (1) (b) FISA AMENDMENTS ACT OF 2008.— Protect America Act of 2007 (Public Law 110– through (7) shall take effect as if enacted on (1) IN GENERAL.—Except as provided in sec- 55; 121 Stat. 556), shall continue to apply with August 5, 2007. tion 404, effective December 31, 2012, title VII respect to a directive issued pursuant to sec- (b) TRANSITION PROCEDURES FOR FISA of the Foreign Intelligence Surveillance Act tion 105B of the Foreign Intelligence Surveil- AMENDMENTS ACT OF 2008 PROVISIONS.— of 1978, as amended by section 101(a), is re- lance Act of 1978, as added by section 2 of the (1) ORDERS IN EFFECT ON DECEMBER 31, 2012.— pealed. Protect America Act of 2007, until the later Notwithstanding any other provision of this (2) TECHNICAL AND CONFORMING AMEND- of— Act, any amendment made by this Act, or MENTS.—Effective December 31, 2012— (A) the expiration of all orders, authoriza- the Foreign Intelligence Surveillance Act of (A) the table of contents in the first sec- tions, or directives referred to in paragraph 1978 (50 U.S.C. 1801 et seq.), any order, au- tion of such Act (50 U.S.C. 1801 et seq.) is (1); or thorization, or directive issued or made amended by striking the items related to (B) the date on which final judgment is en- under title VII of the Foreign Intelligence title VII; tered for any petition or other litigation re- Surveillance Act of 1978, as amended by sec- (B) except as provided in section 404, sec- lating to such order, authorization, or direc- tion 101(a), shall continue in effect until the tion 601(a)(1) of such Act (50 U.S.C. 1871(a)(1)) tive. date of the expiration of such order, author- is amended to read as such section read on (6) REPORTING REQUIREMENTS.— ization, or directive. the day before the date of the enactment of (A) CONTINUED APPLICABILITY.—Notwith- (2) APPLICABILITY OF TITLE VII OF FISA TO this Act; and standing any other provision of this Act, any CONTINUED ORDERS, AUTHORIZATIONS, DIREC- (C) except as provided in section 404, sec- amendment made by this Act, the Protect TIVES.—Notwithstanding any other provision tion 2511(2)(a)(ii)(A) of title 18, United States America Act of 2007 (Public Law 110–55), or of this Act, any amendment made by this Code, is amended by striking ‘‘or a court the Foreign Intelligence Surveillance Act of Act, or the Foreign Intelligence Surveillance order pursuant to section 704 of the Foreign 1978 (50 U.S.C. 1801 et seq.), section 4 of the Act of 1978 (50 U.S.C. 1801 et seq.), with re- Intelligence Surveillance Act of 1978’’. Protect America Act of 2007 shall continue spect to any order, authorization, or direc- SEC. 404. TRANSITION PROCEDURES. to apply until the date that the certification tive referred to in paragraph (1), title VII of (a) TRANSITION PROCEDURES FOR PROTECT described in subparagraph (B) is submitted. such Act, as amended by section 101(a), shall AMERICA ACT OF 2007 PROVISIONS.— (B) CERTIFICATION.—The certification de- continue to apply until the later of— (1) CONTINUED EFFECT OF ORDERS, AUTHOR- scribed in this subparagraph is a certifi- (A) the expiration of such order, authoriza- IZATIONS, DIRECTIVES.—Except as provided in cation— tion, or directive; or paragraph (7), notwithstanding any other (i) made by the Attorney General; (B) the date on which final judgment is en- provision of law, any order, authorization, or (ii) submitted as part of a semi-annual re- tered for any petition or other litigation re- directive issued or made pursuant to section port required by section 4 of the Protect lating to such order, authorization, or direc- 105B of the Foreign Intelligence Surveillance America Act of 2007; tive. Act of 1978, as added by section 2 of the Pro- (iii) that states that there will be no fur- (3) CHALLENGE OF DIRECTIVES; PROTECTION tect America Act of 2007 (Public Law 110–55; ther acquisitions carried out under section FROM LIABILITY; USE OF INFORMATION.—Not- 121 Stat. 552), shall continue in effect until 105B of the Foreign Intelligence Surveillance withstanding any other provision of this Act the expiration of such order, authorization, Act of 1978, as added by section 2 of the Pro- or of the Foreign Intelligence Surveillance or directive. tect America Act of 2007, after the date of Act of 1978 (50 U.S.C. 1801 et seq.)— (2) APPLICABILITY OF PROTECT AMERICA ACT such certification; and (A) section 103(e) of such Act, as amended OF 2007 TO CONTINUED ORDERS, AUTHORIZA- (iv) that states that the information re- by section 403(a)(1)(B)(ii), shall continue to TIONS, DIRECTIVES.—Notwithstanding any quired to be included under such section 4 re- apply with respect to any directive issued other provision of this Act, any amendment lating to any acquisition conducted under pursuant to section 702(h) of such Act, as made by this Act, or the Foreign Intelligence such section 105B has been included in a added by section 101(a); Surveillance Act of 1978 (50 U.S.C. 1801 et semi-annual report required by such section (B) section 702(h)(3) of such Act (as so seq.)— 4. added) shall continue to apply with respect (A) subject to paragraph (3), section 105A of (7) REPLACEMENT OF ORDERS, AUTHORIZA- to any directive issued pursuant to section such Act, as added by section 2 of the Pro- TIONS, AND DIRECTIVES.— 702(h) of such Act (as so added);

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.008 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5755 (C) section 703(e) of such Act (as so added) GENERAL LEAVE allow both plaintiffs and defendants to shall continue to apply with respect to an Mr. CONYERS. Madam Speaker, I make their case. Unfortunately, this order or request for emergency assistance ask unanimous consent that all Mem- bill goes well beyond that and changes under that section; bers have 5 legislative days to revise the substantive standard for legal li- (D) section 706 of such Act (as so added) shall continue to apply to an acquisition and extend their remarks and include ability by the telecom community, by conducted under section 702 or 703 of such extraneous material on the bill under the telecom companies and does so on Act (as so added); and consideration. a retroactive basis, retroactive immu- (E) section 2511(2)(a)(ii)(A) of title 18, The SPEAKER pro tempore. Is there nity. And so I appreciate that the final United States Code, as amended by section objection to the request of the gen- bill does not send the matter to a new 101(c)(1), shall continue to apply to an order tleman from Michigan? secret court and does grant the court a issued pursuant to section 704 of the Foreign There was no objection. meaningful role in the determination. Intelligence Surveillance Act of 1978, as Mr. CONYERS. Madam Speaker, I Unfortunately, these improvements do added by section 101(a). yield myself such time as I may con- (4) REPORTING REQUIREMENTS.— not redeem the overall provision. sume. (A) CONTINUED APPLICABILITY.—Notwith- Title III of the bill will also ask the standing any other provision of this Act or of Members of the House, several Inspector General to conduct inde- the Foreign Intelligence Surveillance Act of months ago on October 16, 2007, to be pendent investigations into the Presi- 1978 (50 U.S.C. 1801 et seq.), section 601(a) of exact, the House passed the Foreign In- dent’s warrantless wiretapping pro- such Act (50 U.S.C. 1871(a)), as amended by telligence Surveillance Act legislation, gram. This inquiry will help uncover section 101(c)(2), and sections 702(l) and 707 of known as the RESTORE Act. In the the truth for the American people, such Act, as added by section 101(a), shall view of this Member, the RESTORE continue to apply until the date that the cer- hopefully, about the President’s activi- Act was a reasonable and balanced one ties. And then there is a part in here tification described in subparagraph (B) is giving the administration the power it submitted. about an emergency provision any U.S. (B) CERTIFICATION.—The certification de- needs to combat terrorism while pro- citizen can be wiretapped. And I stren- scribed in this subparagraph is a certifi- tecting our precious rights and lib- uously object to that. erties. cation— Six years ago, the Administration unilaterally The legislation before us today, (i) made by the Attorney General; chose to engage in warrantless surveillance of (ii) submitted to the Select Committee on which I concede includes significant American citizens without court review. We Intelligence of the Senate, the Permanent improvements over the Senate legisla- are now restoring the balance through en- Select Committee on Intelligence of the tion, goes beyond what I think was a hanced Congressional oversight, Inspector House of Representatives, and the Commit- reasonable bottom line in the form of tees on the Judiciary of the Senate and the General investigations, and procedures to en- the RESTORE Act. House of Representatives; sure that FISA remains the exclusive means (iii) that states that there will be no fur- Title I of the bill continues the House approach by providing mechanisms to for authorizing electronic surveillance. ther acquisitions carried out under title VII This bill continues the House approach by of the Foreign Intelligence Surveillance Act ensure that FISA’s longstanding exclu- of 1978, as amended by section 101(a), after sivity is crystal clear. It states only a providing mechanisms to ensure that FISA’s the date of such certification; and new statute directly addressing the ex- longstanding exclusivity is crystal clear. First, it (iv) that states that the information re- ecutive branch’s foreign intelligence states that only a new statute directly address- quired to be included in a review, assess- surveillance authority can modify ing the executive branch’s foreign intelligence ment, or report under section 601 of such FISA. Secondly, it provides sunshine surveillance authority can modify FISA. Sec- Act, as amended by section 101(c), or section ondly, it provides sunshine by requiring re- 702(l) or 707 of such Act, as added by section by requiring that the government re- quests to private parties for surveil- quests for assistance to cite the statutory au- 101(a), relating to any acquisition conducted thority under which they are issued. A con- under title VII of such Act, as amended by lance assistance must actually cite the section 101(a), has been included in a review, statutory authority under which forming amendment to Title 18 Section assessment, or report under such section 601, they’re issued. 2511(2)(a) is meant to underscore the need to 702(l), or 707. Now in earlier versions of FISA re- specify the specific statutory language being (5) TRANSITION PROCEDURES CONCERNING THE form, the administration claimed that relied on, and must be read in conjunction TARGETING OF UNITED STATES PERSONS OVER- prior court approval of procedures for with the entirety of Sec. 102 of the legislation. SEAS.—Any authorization in effect on the It should not be read to imply that assistance date of enactment of this Act under section overseas surveillance would hurt na- tional security. This matter is now laid may be sought for electronic surveillance, as 2.5 of Executive Order 12333 to intentionally defined in the statute, which is not specifically target a United States person reasonably be- to rest with the consensus that upfront lieved to be located outside the United court review is indeed appropriate. The authorized by statute. States shall continue in effect, and shall con- requirement for individual warrants In earlier versions of FISA reform, the Ad- stitute a sufficient basis for conducting such and probable cause determinations for ministration claimed that prior court approval an acquisition targeting a United States per- Americans overseas is an improvement of procedures for overseas surveillance would son located outside the United States until over even the original FISA legisla- hurt national security. This matter is now laid the earlier of— tion. There is a provision in the legisla- to rest, with a consensus that up-front court (A) the date that authorization expires; or review is in fact appropriate. The requirement (B) the date that is 90 days after the date tion that permits the Attorney General of the enactment of this Act. and Director of National Intelligence for individual warrants and probable cause de- terminations for Americans overseas is an im- The SPEAKER pro tempore. Pursu- to begin surveillance prior to seeking court approval for the necessary proce- provement over even the original FISA legisla- ant to House Resolution 1285, debate tion. shall not exceed 1 hour, with 30 min- dures in exigent circumstances. This is There is a provision in the legislation that utes equally divided and controlled by intended to be used rarely, if at all, and permits the Attorney General and Director of the chairman and ranking minority was included upon assurances from the National Intelligence to begin a surveillance member of the Committee on the Judi- administration that agrees that it prior to seeking court approval for the nec- ciary, and 30 minutes equally divided shall not be used routinely. essary procedures in ‘‘exigent circumstances.’’ and controlled by the chairman and The measure before us further re- This is intended to be used rarely, if at all. In ranking minority member of the Per- quires extensive oversight by Congress the normal course of events the DNI will have manent Select Committee on Intel- and the independent Inspectors General ample time to submit such procedures to the ligence. to prevent abuse. It mandates guide- lines for targeting minimization and to FISA court for its approval before initiating a The gentleman from Michigan (Mr. prevent reverse targeting and tasks the particular surveillance. CONYERS), the gentleman from Texas Inspector General to monitor compli- The Congress provided this authority at the (Mr. SMITH), the gentleman from Texas ance with those protections. request of the DNI to meet unforeseen and (Mr. REYES), and the gentleman from Now title II of the legislation con- extraordinary circumstances, and the Adminis- Michigan (Mr. HOEKSTRA) each will cerning telecom liability raises the tration agrees that it may not be used rou- control 15 minutes. most serious concerns in my view. In tinely. The Administration understands that the The Chair recognizes the gentleman the past, I have said I would be open to Congress expects its use to be very rare if it from Michigan (Mr. CONYERS). developing a set of procedures that is used at all.

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\A20JN7.008 H20JNPT1 jbell on PROD1PC69 with HOUSE H5756 CONGRESSIONAL RECORD — HOUSE June 20, 2008 The oversight committees will be informed companies to provide assistance only when ernment following the terrorist at- of any use of the exigent circumstances provi- specifically authorized by law. tacks of September 11, 2001, as well as sion and are committed to effective oversight For over 30 years we have mandated that protections for their assistance in the to insure that it is not used to avoid the re- telecommunications carriers not be a merely future. H.R. 6304 provides these impor- quirement to secure court approval of the pro- unquestioning partner to surveillance activities. tant protections. cedures in advance in all but the most ex- This bill provides many ways for the compa- We insisted that Congress enact long- treme circumstances. The exception must not nies to question or challenge directives or re- term FISA legislation. The bill we have swallow the rule. quests for assistance, and we expect these to before us today will not sunset until The bill requires extensive oversight by be used any time there is something unusual the end of 2012. This compromise legis- Congress and the independent Inspectors or novel being requested. lation also provides strong civil lib- General to prevent abuse. It mandates guide- Today’s compromise will give the District erties protections for Americans both lines for targeting, minimization, and to pre- Court direction and procedures for handling within the United States and abroad. vent reverse targeting, and tasks the Inspec- the pending lawsuits. However, it is important And it mandates congressional over- tors General to monitor compliance with those to note that the question of whether FISA’s ex- sight and detailed reports to the House protections. isting security procedures at 50 U.S.C. 1806(f) and Senate Judiciary and Intelligence ‘‘Reverse targeting’’ is specifically prohibited preempt the state secrets privilege is still committees and requires a review by in Section 702(b)(2). The Intelligence Commu- being litigated in the courts in a case against the Inspectors General of the Depart- nity agrees that this language prohibits the tar- the Government. Nothing in this bill is in- ment of Justice and the intelligence geting of one or more persons overseas for tended to affect that litigation, or any litigation agencies. This compromise is long the purpose of acquiring the communications against the Government or Government em- overdue. It is supported by both the of a specific is person reasonably believed to ployees. Department of Justice and the intel- be in the United States. Thus, Section 702(f) Today’s vote is not the end of the matter. ligence community. requires the government to adopt guidelines to The bill provides for a 4-year sunset, but this Madam Speaker, I urge my col- insure that this abuse does not occur and the doesn’t mean we cannot or should not revisit leagues to support this bill. FISA court must review and approve these these issues in the next congressional ses- Madam Speaker, I submit the fol- guidelines and assure that they are consistent sion. We will conduct vigorous oversight, and lowing letter for the RECORD: with the Fourth Amendment. The oversight will be monitoring the program through the re- JUNE 19, 2008. committees of the Congress intend to conduct ports and audits. We will be keeping a close Hon. NANCY PELOSI, rigorous oversight to insure that these provi- eye on the development and implementation Speaker, House of Representatives, sions are faithfully observed. In this connec- of reverse targeting, minimization, and tar- Washington, DC. DEAR-MADAM SPEAKER: This letter pre- tion the Committee attaches particular impor- geting procedures, in order to not only make sents the views of the Administration on the tance to the required annual review and the sure that they are followed, but to inform us as Foreign Intelligence Surveillance Act of 1978 reporting in that review of the number of dis- we consider what improvements need to be (‘‘FISA’’) Amendments Act of 2008 (H.R. seminated reports which contain a reference made to this legislation. 6304). The bill would modernize FISA to re- to the identity of a US person. On that note, I will reserve the bal- flect changes in communications technology There is currently ongoing multi-District liti- ance of my time. since the Act was first passed 30 years ago. gation in which a federal District Court is con- Mr. SMITH of Texas. Madam Speak- The amendments would provide the Intel- ducting a review of the telecom carriers’ activi- er, I yield myself such time as I may ligence Community with the tools it needs to consume. collect the foreign intelligence necessary to ties and the lawfulness of the President’s secure our Nation while protecting the civil warrantless wiretapping program. This bill Madam Speaker, after nearly a year liberties of Americans. The bill would also does not strip jurisdiction on that Court and of delays and months of negotiations, provide the necessary legal protections for provide blanket immunity, as many wanted. the House today will finally vote on those companies sued because they are be- Instead, in cases where the program was compromise legislation that gives our lieved to have helped the Government pre- actually designed to detect or prevent a ter- intelligence community the tools that vent terrorist attacks in the aftermath of rorist attack, the Court will assess an Attorney it needs to protect America. I join my September 11. Because this bill accomplishes General certification that can assert—among colleague, Mr. HOEKSTRA, ranking these two goals essential to any effort to other reasons for dismissal—that the carriers member of the Intelligence Committee, modernize FISA, we strongly support pas- sage of this bill and will recommend that the got certain requests and directives from the and Chairman REYES, as an original co- President sign it. Administration. The Court will look to see if the sponsor of this compromise bill. Last August, Congress took an important Attorney General’s certification is backed up America’s enemies take on many step toward modernizing FlSA by enacting with substantial evidence. That means not forms, terrorist groups, foreign govern- the Protect America Act of 2007. That Act al- only the underlying directives and requests, ments and spies who all pose serious lowed us temporarily to close intelligence but supplemental materials as well. And in threat to America and its allies. Last gaps by enabling our intelligence profes- cases where the Government claims that the August, Congress passed the Protect sionals to collect, without having to first ob- America Act which provided a tem- tain a court order, foreign intelligence infor- company did not provide the alleged assist- mation from targets overseas. The Act has ance, a bald assertion is not ‘‘substantial evi- porary solution to the problem. The enabled us to gather significant intelligence dence’’—the Government will have to back up PAA expired in February. As a result, critical to protecting our Nation. It has also its claims to the Court’s satisfaction. our intelligence community could not been implemented in a responsible way, sub- That Title II of this bill provides procedures gather two-thirds of the foreign intel- ject to extensive executive, congressional, for assessing lawsuits relating to warrantless ligence they needed to protect Amer- and judicial oversight in order to protect the surveillance since 9/11 does not imply that ican lives. country in a manner consistent with safe- such surveillance was lawful or that the Con- From day one, we insisted that any guarding Americans’ civil liberties. Since legislation passed by Congress must passage of the Act, the Administration has gress as a whole believes that the service pro- worked closely with Congress to address the viders acted lawfully in providing assistance. not interfere with our fundamental need for long-term FISA modernization. This Nor can the provision remove the power of the ability to collect foreign intelligence. joint effort has involved compromises on courts hearing the cases to determine if this This legislation accomplishes that both sides, but we believe that it has re- provision is constitutional. goal. H.R. 6304 does not extend con- sulted in a strong bill that will place the Na- No company or private citizen asked by the stitutional protections to foreign ter- tion’s foreign intelligence effort in this area executive branch to provide assistance in se- rorists and other foreign targets over- on a firm, long-term foundation. Below, we curing the private information of Americans seas. The bill does allow the intel- have set forth our views on certain impor- without authority of law should read this lan- ligence community to target a foreign tant provisions of H.R. 6304. guage as implying that Congress will act in the person overseas without a court order I. TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE future to provide such a grounds for dis- if critical intelligence would be lost or Title I of H.R. 6304 contains key authori- missing a lawsuit. On the contrary, companies not collected in a timely manner. ties that would ensure that our intelligence should be on notice that the Congress is very We insisted that any legislation agencies have the tools they need to collect reluctantly providing this defense as a one- passed by Congress include strong li- vital foreign intelligence information and time action in an extremely unusual cir- ability protections for telecommuni- would provide significant safeguards for the cumstance. It expects private citizens and cations carriers that assisted the gov- civil liberties of Americans.

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.024 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5757 Court Approval. With respect to authoriza- relating to those acquisitions prepared by obtain the intelligence it needs without as- tions for foreign intelligence surveillance di- the heads of agencies that use the authori- sistance from these companies.’’ That com- rected at foreign targets outside the United ties contained in the bill. Congress would re- mittee also recognized that companies in the States, the bill provides that the Foreign In- ceive reviews from the Inspectors General of future may be less willing to assist the Gov- telligence Surveillance Court (FISC) would these agencies and of the Department of Jus- ernment if they face the threat of private review certifications made by the Attorney tice regarding compliance with the provi- lawsuits each time they are believed to have General and the Director of NationaI Intel- sions of the bill. In addition, the bill would provided assistance. Finally, allowing litiga- ligence relating to these acquisitions, the require the Attorney General to submit to tion over these matters risks the disclosure reasonableness of the procedures used by the Congress a report at least semiannually con- of highly classified information regarding in- Intelligence Community to ensure the tar- cerning the implementation of the authori- telligence sources and methods. As we have gets are overseas, and the minimization pro- ties provided by the bill and would expand stated on many occasions, it is critical that cedures used to protect the privacy of Ameri- the categories of FISA-related court docu- any long-term FISA modernization legisla- cans. The scope of the FISC’s review is care- ments that the Government must provide to tion contain an effective liability protection fully and rightly crafted to focus on aspects the congressional intelligence and judiciary provision. H.R. 6304 contains just such a pro- of the acquisition that may affect the pri- committees. vision and for this reason, as well as those vacy rights of Americans so as not to confer Title I also includes provisions that would expressed with respect to Title I above, we quasi-constitutional rights on foreign terror- protect the civil liberties of Americans. For strongly support its passage. ists and other foreign intelligence targets instance, the bill would require for the first III. TITLE III—REVIEW OF PREVIOUS ACTIONS outside the United States. time that a court order be obtained to con- Title III would require the Inspectors Gen- We have been clear that any satisfactory duct foreign intelligence surveillance outside eral of the Department of Justice, the Office bill could not require individual court orders the United States of an American abroad. of the Director of National Intelligence, and to target non-United States persons outside Historically, Executive Branch procedures of certain elements of the Intelligence Com- the United States, nor could a bill establish guided the conduct of surveillance of a U.S. munity to review certain communications a court-approval mechanism that would person overseas, such as when a U.S. person surveillance activities, including the Ter- cause the Intelligence Community to lose acts as an agent of a foreign power, e.g., spy- rorist Surveillance Program described by the valuable foreign intelligence while awaiting ing on behalf of a foreign government. Given President. Although improvements have such approval. H.R. 6304 would do neither the complexity of extending judicial review been made over prior versions of this provi- and would retain for the Intelligence Com- to activities outside the United States, these sion, we believe, as we have written before, munity the speed and agility that it needs to provisions were carefully crafted with Con- that it is unnecessary in light of the Inspec- protect the Nation. The bill would establish gress to ensure that such review can be ac- tor General reviews previously completed, a schedule for court approval of certifi- complished while preserving the necessary those already underway, and the congres- cations and procedures relating to renewals flexibility for intelligence operations. Other of existing acquisition authority. A critical sional intelligence and judiciary committee provisions of the bill address concerns that feature of the H.R. 6304 would allow existing oversight already conducted. Nevertheless, some voiced about the Protect America Act, acquisitions, which were the subject of court we do not believe that, as currently drafted, such as clarifying that the Government can- review under the Protect America Act or the provision would create unacceptable not ‘‘reverse target’’ without a court order will be the subject of such review under the operational concerns. The bill contains im- and requiring that the Attorney General es- H.R. 6304, to continue pending court review. portant provisions to make clear that such tablish guidelines to prevent this from oc- With respect to new acquisitions, absent exi- reviews should not duplicate reviews already curring. We believe that, taken together, gent circumstances, Court review of new pro- conducted by Inspectors General. these provisions will allow for ample over- cedures and certifications would take place sight of the use of these new authorities and IV. TITLE IV—OTHER PROVISIONS before the Government begins the acquisi- ensure that the privacy and civil liberties of Title IV contains important provisions tion. The exigent circumstances exception is Americans are well protected. that will ensure that the transition between critical to allowing the Intelligence Commu- the current authorities and the authorities nity to respond swiftly to changing cir- II. TITLE II—PROTECTIONS FOR ELECTRONIC provided in this bill will not have a detri- cumstances when the Attorney General and COMMUNICATIONS SERVICE PROVIDERS mental effect on intelligence operations. the Director of National Intelligence deter- Title II of the bill contains, among other Title IV also states that the authorities in mine that intelligence may be lost or not provisions, vital protections for electronic the bill sunset at the end of 2012. We have timely acquired. Such exigent circumstances communications service providers who assist long favored permanent modernization of could arise in certain situations where an the Intelligence Community’s efforts to pro- FISA. The Intelligence Community operates unexpected gap has opened in our intel- tect the Nation from terrorism and other more effectively when the rules governing ligence collection efforts. Taken together, foreign intelligence threats. Title II would our intelligence professionals’ ability to these provisions would enable the Intel- provide liability protection related to future track our enemies are firmly established. ligence Community to keep closed the intel- assistance while ensuring the protection of Stability of law also allows the Intelligence ligence gaps that existed before the passage sources and methods. Importantly, the bill Community to invest resources appro- of the Protect America Act and ensure that would also provide the necessary legal pro- priately. Congress has extensively debated it will have the opportunity to collect crit- tection for those companies who are sued and considered the need to modernize FISA ical foreign intelligence information in the only because they are believed to have since 2006, a process that has involved nu- future. helped the Government with communica- merous hearings, briefings, and floor de- Exclusive means. H.R. 6304 contains an ex- tions intelligence activities in the aftermath bates. The process has been valuable and clusive means provision that goes beyond the of September 11, 2001. necessary, but it has also involved the dis- exclusive means provision that was passed as The framework contained in the bill for ob- cussion in open settings of extraordinary in- part of FISA. As we have previously stated, taining retroactive liability protection is formation dealing with sensitive intelligence we believe that the provision will complicate narrowly tailored. An action must be dis- operations. Every time we repeat this proc- the ability of Congress to pass, in an emer- missed if the Attorney General certifies to ess it risks exposing our intelligence sources gency situation, a law to authorize imme- the district court in which the action is and methods to our adversaries. Although we diate collection of communications in the pending that either: (i) the electronic com- would prefer that H.R. 6304 contain no sun- aftermath of an attack or in response to a munications service provider did not provide set, a sunset in 2012 is significantly longer grave threat to the national security. Unlike the assistance; or (ii) the assistance was pro- than others that were proposed and it is long other versions of this provision, however, the vided in the wake of the September 11 attack enough to avoid impairing the effectiveness one in this bill would not restrict the au- and was the subject of a written request or of intelligence operations. thority of the Government to conduct nec- series of requests from a senior Government Thank you for the opportunity to present essary surveillance for intelligence and law official indicating that the activity was au- our views on this crucial bill. We reiterate enforcement purposes in a way that would thorized by the President and determined to our sincere appreciation to the Congress for harm national security. be lawful. The district court would be re- Oversight and Protections for the Civil quired to review this certification before dis- working with us on H.R. 6304, a long-term Liberties of Americans. H.R. 6304 contains missing the action, and the provision allows FISA modernization bill that will strengthen numerous provisions that protect the civil for the participation of the parties to the the Nation’s intelligence capabilities while liberties of Americans and allow for exten- lawsuit in a manner consistent with the pro- respecting and protecting the constitutional sive executive, congressional, and judicial tection of classified information. The liabil- rights of Americans. We strongly support its oversight of the use of the authorities. The ity protection provision does not extend to prompt passage. bill would require the Attorney General and the Government or to Government officials Sincerely, the Director of National Intelligence to con- and it does not immunize any criminal con- MICHAEL B. MUKASEY, duct semiannual assessments of compliance duct. Attorney General. with targeting procedures and minimization Providing this liability protection is crit- J.M. MCCONNELL, procedures and to submit those assessments ical to the Nation’s security. As the Senate Director of National to the FISC and to Congress. The FISC and Select Committee on Intelligence recog- Intelligence. Congress would also receive annual reviews nized, ‘‘the intelligence community cannot I reserve the balance of my time.

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.022 H20JNPT1 jbell on PROD1PC69 with HOUSE H5758 CONGRESSIONAL RECORD — HOUSE June 20, 2008 Mr. REYES. Madam Speaker, I yield and that review must be given to Con- It is in this context that Section 702(b)(2) myself such time as I may consume. gress. It requires prior court approval prohibits what is generally referred to as (Mr. REYES asked and was given per- of the procedures used to conduct sur- ‘‘reverse targeting.’’ In our discussions with mission to revise and extend his re- veillance of foreign targets, except in the intelligence agencies, they have agreed marks.) that this language prohibits the targeting of an emergency, similar to the current one or more persons overseas where the pur- Mr. REYES. Madam Speaker, I rise FISA law. today as a sponsor of H.R. 6304, the pose is to acquire the communications of or This legislation, Madam Speaker, information about a U.S. person or any spe- FISA Amendments Act of 2008. This also addresses the issue of lawsuits cific person reasonably believed to be inside bill represents the culmination of more against telecommunications companies the United States. Accordingly, Section than a year’s work by the members and that comply with directives from our 702(f) requires that the government adopt staff of the House Intelligence Com- government. This bill does not grant guidelines to ensure that this does not occur. mittee, together with our colleagues on immunity to any government official INADVERTENT COLLECTION OF U.S.-PERSON the Judiciary Committee, to bring to who might have violated the law, and INFORMATION the floor a bill that modernizes our this bill does not grant automatic im- Because of the nature of the new surveil- surveillance authorities while pro- munity to telecom companies, as the lance authorities granted under this bill, we tecting the constitutional rights of Senate bill would have. were particularly concerned about the poten- Americans. Under this legislation, a Federal Dis- tial for a significant increase in the inad- I want to thank Chairman CONYERS trict Court will review the evidence vertent collection of U.S.-person commu- for his efforts to strengthen this bill. submitted by the Attorney General and nications and information. For that reason, As always, I greatly appreciate my we have adopted several oversight provisions then the court will decide whether to that require the Intelligence Community to good friend’s commitment to pro- grant civil liability and protection to a report to Congress on the number of targets tecting our country and the principles company that provided post-9/11 assist- later determined to have been located inside that we hold so dear. I also want to ance to the government. This bill does the United States, the number of dissemi- thank the respective ranking members not grant immunity. Congress isn’t de- nated intelligence reports that contain U.S.- and all that worked so hard to bring ciding the question of immunity; the person information, and the number of dis- this bill to the floor today. District Court will. seminated intelligence reports that contain This bill, Madam Speaker, enjoys Finally, Madam Speaker, this bill information identifying specific U.S. per- wide support inside the Democratic will sunset in 41⁄2 years, ensuring that sons. The Intelligence Committee plans to Caucus. It has been endorsed by our the next administration will be in a po- conduct vigorous oversight of the reports. Democratic whip, by our Democratic sition to assess and review the effec- EXCLUSIVITY Caucus chair, by the Blue Dog Coali- tiveness of this legislation. The exclusivity provision of this bill is ex- tion, the New Democratic Caucus and This legislation represents a bipar- tremely important. This language is de- by a number of our colleagues. For tisan compromise, and, as such, both signed to prevent any future efforts to con- sides got less than they wanted. But it duct surveillance that is not authorized by that, I want to thank in particular our statute. The bill not only establishes that majority leader, Mr. HOYER, for leading is a product of a good faith effort by FISA and Title 18 are the exclusive means of the effort towards a bipartisan com- both Republicans and Democrats to conducting surveillance, it requires that any promise. This bill is a far better deal give our intelligence agencies the tools future authorization for surveillance must be than the Protect America Act. And it necessary to keep America safe, while explicitly established in statute. The lan- is far better than the Senate bill that protecting our Constitution and our guage should in no way be read to imply that passed earlier this year. civil liberties. there is an inherent power to conduct sur- Madam Speaker, intelligence is the I strongly urge my colleagues to vote veillance beyond what is expressly author- first line of defense in our Nation’s ef- for this very important piece of legisla- ized by statute. tion. In particular, the language in Section fort to prevent terrorism and to stop 102(c)(l)(ii) should be read to require citation In addition, Chairman REYES sub- the proliferation of weapons of mass to specific statutory authority in all certifi- destruction. This legislation strength- mitted the following views for the cations for assistance in conducting elec- ens the ability of our intelligence agen- RECORD: tronic surveillance issued pursuant to 18 cies to conduct lawful surveillance of EXIGENT CIRCUMSTANCES U.S.C. § 2511(2)(a)(ii)(B). Prior court review is an absolutely inte- foreign targets. But this legislation SUNSET gral part of this bill, but we have also craft- This bill is set to expire on December 31, also serves another very important and ed an ‘‘exigent circumstances’’ circum- 2012. During the next four years, Congress vital function. It strengthens the con- stances provision that allows the Adminis- will continue to assess the surveillance ac- stitutional rights of Americans, pro- tration to commence surveillance imme- tivities of the U.S. Government and assess tects them from unlawful surveillance diately in an emergency. This provision whether additional changes need to enacted and it stops this President, or any should be invoked rarely, if at all. In the before the sunset date to correct any defi- normal course of events, the Attorney Gen- President, for that matter, from invok- ciencies or problems that arise. ing executive power to conduct eral and the Director of National Intel- CIVIL LIABILITY PROVISIONS warrantless surveillance of Americans. ligence will have ample time to submit ap- plications for surveillance to the FISA Court The provisions in title II of this bill estab- b 1100 for its approval before initiating a particular lish a meaningful court review to determine This bill does more than just retain surveillance. whether telecommunications companies the original FISA requirements for an When used, this exception should be for should be protected from civil liability for purposes of a true emergency, involving un- individual warrant based upon probable assistance provided to the government. It is foreseen or extraordinary circumstances. I important to state that these provisions are cause for surveillance targeting Ameri- consider this to be limited to situations not intended to imply in any way that the cans here in the United States. For the where the intelligence sought would serve a President’s conduct in connection with the first time ever, this bill requires in critical function in protecting national secu- President’s warrantless surveillance program statute warrants for Americans any- rity and where the failure to act imme- was lawful or to excuse the conduct of any where in the world. It also requires the diately would result in the loss of what government official that might have violated government to establish clear guide- might be the only opportunity to collect the the law. lines to ensure that no American is the information in question. Further, no telecommunications company The Intelligence Committee intends to en- should interpret these provisions to imply target of any surveillance without a gage in regular and vigorous oversight of that Congress will act in the future to seek warrant. It clarifies that FISA and these new authorities and, in particular, the the dismissal of any other lawsuits charging Title 18, the Criminal Code, are the ex- use of the ‘‘exigent circumstances’’ excep- improper conduct in connection with surveil- clusive means by which the govern- tion to ensure that the important protec- lance activities. Rather, Congress considers ment may conduct domestic surveil- tions in this bill are not circumvented. the tragic events of 9/11 to be a unique set of lance. ‘‘REVERSE TARGETING’’ circumstances that require special consider- It will prohibit any unlawful, The FISA Amendments Act of 2008 regu- ation. As a general matter, we expect compa- warrantless wiretapping, the kind we larly uses the term ‘‘targeting.’’ We intend nies and private citizens to respect the rule saw under this administration. It pro- this term to mean more than simply the of law and to require the same of its govern- process of selecting a telephone number or ment. vides accountability by requiring the an e-mail address to surveil. Rather, it is With respect to the applicable legal stand- inspectors general of various agencies meant to describe the process of purposely ard, we intend ‘‘substantial evidence’’ to to compile a comprehensive report on acquiring communications of or information apply not only to a finding that assistance the President’s surveillance program about a specific individual. was provided in response to a request that

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.026 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5759 meets the standard of this bill. That stand- We also worked closely with the ma- there are all too many people who ard should also apply where the court is jority to reinforce the FISA Court’s spend all too much time criticizing and asked to determine that the alleged assist- role in procedural certifications and re- apologizing for this Nation, trying to ance was not provided. A simple declaration from the Government or the defendant that views of administration policies, and verbally tear it down. But what fright- the alleged assistance did not occur should we created some new obligations for ens us most is those people who spend be deemed insufficient where there is suffi- the Attorney General to establish way too much energy and way too cient evidence to the contrary. guidelines. much time trying to do harm to inno- Similarly, when the Government alleges Madam Speaker, like yesterday’s cent Americans as they go about their that a surveillance program was ‘‘designed’’ vote, this bill is an example of what we day-to-day lives, carrying their chil- (as opposed to ‘‘intended’’) to detect and pre- can do when we work together. I thank dren to piano recitals, to Little League vent terrorism, the court should examine the evidence to assess the scope of the program all those who worked so hard to get it practice, just going to work. It just and determine, where appropriate, that in- to the floor today. I urge my colleagues makes common sense that we would discriminate surveillance that acquires the to vote for it. want to know what they were trying to communications of millions of Americans is Mr. CONYERS. Madam Speaker, is it do, because if we know, we have at not truly ‘‘designed’’ to detect or prevent true that I have 10 minutes remaining? least a chance to stop it. terrorism. The SPEAKER pro tempore. The gen- This is a bipartisan bill that we Finally, these provisions should also not be tleman from Michigan has 101⁄2 minutes should have had a year ago. We cer- interpreted to remove the power of the remaining. courts to review the constitutionality of the tainly should have had 4 months ago. process this bill establishes. Mr. CONYERS. I am going to recog- Thank goodness we have it today. The nize Mr. NADLER, Ms. LOFGREN, Mr. Mr. REYES. Madam Speaker, I re- only unfortunate thing is those who SCOTT, Ms. JACKSON-LEE, Mr. HOLT, Ms. serve the balance of my time. will benefit the most will never know Mr. HOEKSTRA. Madam Speaker, I LEE, Mr. CAPUANO, Mr. KUCINICH and it, because they never became victims yield 3 minutes to the gentleman from Mr. INSLEE. A couple of them will get because we were able to stop those ter- 1 Missouri (Mr. BLUNT), the distin- 1 ⁄2 minutes. rorist acts before they took place. guished minority whip, who played The first one to be recognized is the Mr. REYES. Madam Speaker, I yield such a critical role in ensuring that chairman of the Crime Subcommittee, 1 minute to the distinguished gen- this bill made it to the floor today. the gentleman from Virginia (Mr. tleman from Missouri (Mr. SKELTON), Mr. BLUNT. Madam Speaker, I thank SCOTT), for 11⁄2 minutes. the chairman of the Armed Services Mr. HOEKSTRA for yielding me this ini- Mr. SCOTT of Virginia. Madam Committee. tial time that would have the other- Speaker, I oppose H.R. 6304. It allows Mr. SKELTON. Madam Speaker, wise gone to you. widespread acquisition of private con- today I rise in strong support of this I thank you, Mr. HOEKSTRA, Mr. versations without meaningful court bill, the FISA Amendments Act of 2008. REYES and Mr. SMITH, for bringing this review. The bill actually permits the The bipartisan compromise before us important piece of legislation to the government to perform mass untar- strikes the right balance between pro- floor and for working so hard to see geted surveillance of any and all con- viding our intelligence community that it came to the floor. I would also versations believed to be coming into with the tools they need to fight and like to say that I again appreciated the and out of the United States without find terrorists and protecting our con- opportunity to work with my good any individualized finding and without stitutional rights on the other hand. friend Mr. HOYER, as he spent so many a requirement that wrongdoing is be- Let me thank my colleagues SYL- hours and so much time on this. From lieved to be involved at all. VESTER REYES and JOHN CONYERS, our his staff, Mariah Sixkiller; from my It arguably is not limited just to ter- Intelligence and Judiciary Committee staff, Brian Diffel; Mr. BOEHNER’s staff, rorism. It could be any foreign intel- chairmen, for their hard work. I am Jen Stewart worked hard on this; Chris ligence, which would include diplo- pleased that we have resolved this crit- Donesa from Mr. HOEKSTRA’s staff was macy and anything else. It is vague on ical national security issue through bi- indispensable in his work, as was Caro- what can be done with the information partisan negotiations between the ad- line Lynch from Mr. SMITH’s staff. And after it is acquired and who has access ministration and the Congress. I want I got to know frankly and work with to it, and the only court review is a to particularly commend STENY HOYER, Jeremy Bash from Mr. REYES’ staff and check on whether or not the govern- our majority leader, and our Speaker, Lou DeBaca from Mr. CONYERS’ staff, ment certifies that the process has NANCY PELOSI, for their leadership in and appreciated the real positive con- been followed. The court does not re- reaching this landmark legislation. tributions they bring to this process view who, what and where the tapping The bill before us is a great improve- every day. will take place. ment over the Senate bill in that it I would also like to suggest that two Furthermore, the collection of all of provides for more rigorous review of staffers of my colleague from Missouri, this data can be done under emergency electronic surveillance activities. It Mr. BOND, Louis Tucker, and Jack Liv- provisions before the court acts, but gives the courts a meaningful role in ingston, spent lots of time and lots of the collection can continue to be done determining if telecommunication productive work on this. even if the court later rejects the ap- firms are entitled to civil liability pro- Madam Speaker, this represents a plication if the administration appeals. tection. compromise, as Mr. REYES just said, as The bill also provides retroactive im- The SPEAKER pro tempore. The Mr. SMITH just said, that was forged munity to communications companies time of the gentleman has expired. with lots of hard work by lots of peo- who may have violated people’s rights, Mr. REYES. I grant the gentleman ple. It accomplishes the goals of the in- and whether or not those rights have an additional 30 seconds. telligence community. There is no in- been violated should be reviewed by the Mr. SKELTON. From my perspective dividualized court order for targeting courts, not decided here in Congress. as chairman of the Armed Services foreign terrorists in foreign countries. Madam Speaker, we can protect Committee, the bill strongly supports There are protections here for commu- Americans’ national security and pro- the intelligence needs of those who nications providers that may have as- tect civil rights by providing govern- wear the uniform. Every day, American sisted the government. But, as Mr. ment access to personal conversations men and women deployed in harm’s REYES just said, those protections will with meaningful court review. This bill way depend on electronic surveillance be determined by a court, not by this fails to do that, and therefore should be capabilities to achieve their missions. legislation. defeated. Because of this bill and the work that We modernized the law to adapt to Mr. SMITH of Texas. Madam Speak- has been done in this Congress, espe- changes in technology since the 1978 er, I yield 1 minute to the gentleman cially the Intelligence Committee and FISA statute. The bill would accom- from Virginia (Mr. FORBES), a member the Judiciary Committee, I thank plish all this while adding new protec- of the Judiciary Committee and the them, and at the end of the day the tions and strengthening the individual Armed Services Committee. young men and young women will be liberties and privacy protections of Mr. FORBES. Madam Speaker, today the beneficiaries of this strong legisla- Americans. when the sun comes up on America, tion.

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A20JN7.027 H20JNPT1 jbell on PROD1PC69 with HOUSE H5760 CONGRESSIONAL RECORD — HOUSE June 20, 2008 Madam Speaker, I rise today in strong sup- ward ending the disturbing practice of to use any electronic, mechanical, or other port of H.R. 6304, the FISA Amendments Act playing politics with national security. device to intercept any oral communication of 2008. When this House is allowed to vote, we when— The bipartisan compromise before us today (i) such device is affixed to, or otherwise can come together and accomplish transmits a signal through, a wire, cable, or strikes the right balance between providing our things for the country. If we can just other like connection used in wire commu- intelligence community with the tools they extend that now into energy and other nication; or need to find and fight terrorists, and protecting issues and just allow a vote on the pro- (ii) such device transmits communications our constitutional rights. posals that are before us, we can do by radio, or interferes with the transmission I want to thank my colleagues, SILVESTRE good for the country in other areas as of such communication; or (iii) such person knows, or has reason to REYES and JOHN CONYERS, our Intelligence well. and Judiciary Committee Chairmen, for their know, that such device or any component Mr. CONYERS. Madam Speaker, I thereof has been sent through the mail or hard work in bringing a strong bill to the floor 1 yield 1 ⁄2 minutes to the gentlewoman transported in interstate or foreign com- today. from California (Ms. ZOE LOFGREN), the merce; or I am pleased that we have resolved this crit- Chair of the Immigration Sub- (iv) such use or endeavor to use (A) takes ical national security issue through bipartisan committee. place on the premises of any business or negotiations between the Administration and Ms. ZOE LOFGREN of California. other commercial establishment the oper- the Congress and I want to particularly com- Madam Speaker, I rise in opposition to ations of which affect interstate or foreign commerce; or (B) obtains or is for the pur- mend Speaker NANCY PELOSI and STENY this bill. I appreciate that some im- HOYER for their leadership in reaching this pose of obtaining information relating to the provements have made been made to operations of any business or other commer- landmark legislation. title I of the bill, but even these im- The bill before us today is a great improve- cial establishment the operations of which provements are undercut by the affect interstate or foreign commerce; or ment over the Senate bill in that it provides for scheme in title II that means there will (v) such person acts in the District of Co- more rigorous review of electronic surveillance be no accountability and perhaps no lumbia, the Commonwealth of Puerto Rico, activities, and gives the courts a meaningful adherence to the provisions of title I. or any territory or possession of the United role in determining if telecommunications firms States; I cannot support the legislation’s (c) intentionally discloses, or endeavors to are entitled to civil liability protection. deeply flawed provisions relating to the From my perspective, as the Chairman of disclose, to any other person the contents of issue of immunity for telecommuni- the Armed Services Committee, this bill any wire, oral, or electronic communication, cations companies. These provisions strongly supports the intelligence needs of our knowing or having reason to know that the information was obtained through the inter- soldiers, sailors, airmen and marines. Every turn the judiciary into the administra- tion’s rubber stamp. The review pro- ception of a wire, oral, or electronic commu- day, American men and women deployed in nication in violation of this subsection; harm’s way depend on the electronic surveil- vided in this bill is an empty formality that will lead to a preordained conclu- (d) intentionally uses, or endeavors to use, lance capabilities to achieve their missions. the contents of any wire, oral, or electronic This legislation ensures continued delivery of sion, dismissing all cases with no ex- communication, knowing or having reason this intelligence to our warfighters. amination on their merits. to know that the information was obtained Again, I want to congratulate Chairman Under this bill, the courts are not al- through the interception of a wire, oral, or REYES and Chairman CONYERS or bringing this lowed to ask whether the conduct of electronic communication in violation of the corporations who assisted was in this subsection; or strong bill to the floor, and I urge my col- (e) (i) intentionally discloses, or endeavors leagues to join me in supporting this vital na- fact legal. They may only note that the administration says that it was legal. to disclose, to any other person the contents tional security measure. of any wire, oral, or electronic communica- Mr. HOEKSTRA. Madam Speaker, I In other words, the decision on the ul- tion, intercepted by means authorized by yield 2 minutes to the distinguished timate question of legality, a decision sections 2511(2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), member of the Intelligence Committee the Constitution dedicates to the judi- 2516, and 2518 of this chapter, (ii) knowing or from Texas (Mr. THORNBERRY). ciary, will instead be made by the exec- having reason to know that the information Mr. THORNBERRY. Madam Speaker, utive branch with the judiciary acting was obtained through the interception of the compromise bill before us today is as a rubber stamp. It turns the process such a communication in connection with a not the bill that I would have written. of judicial review into a joke and deni- criminal investigation, (iii) having obtained As a matter of fact, the compromise grates this supposedly independent and or received the information in connection with a criminal investigation, and (iv) with Senate bill we have been trying to get coequal branch of government. intent to improperly obstruct, impede, or a vote on since February is not the bill b 1115 interfere with a duly authorized criminal in- I would have written either. But I do vestigation, It’s all the more aggravating because believe that the bill before us, imper- shall be punished as provided in subsection fect as it is, does do what is needed to immunity already exists in the law (4) or shall be subject to suit as provided in protect the country, and therefore I under 18 U.S.C., section 2511. It pro- subsection (5). support it. vides that telecommunications compa- (2)(a)(i) It shall not be unlawful under this A number of people deserve credit, nies are immune from suit if the com- chapter for an operator of a switchboard, or including Mr. HOEKSTRA, Mr. BLUNT pany has been provided with a court an officer, employee, or agent of a provider of wire or electronic communication service, and Mrs. WILSON on our side. But I also order or a certification by the Attor- whose facilities are used in the transmission want to commend the majority leader, ney General, in writing, that the order has been obtained or is unnecessary. of a wire or electronic communication, to Mr. HOYER, for the time and energy he intercept, disclose, or use that communica- put into this issue and for his persever- I cannot support this. tion in the normal course of his employment ance in pushing it to a resolution. I (Effective: November 25, 2002) while engaged in any activity which is a nec- know a number of Members on his side UNITED STATES CODE ANNOTATED essary incident to the rendition of his serv- don’t want to do anything. They prefer CURRENTNESS ice or to the protection of the rights or prop- operating under an outdated law that Title 18. Crimes and Criminal Procedure erty of the provider of that service, except makes it impossible to move with the (Refs & Annos) that a provider of wire communication serv- ice to the public shall not utilize service ob- Part I. Crimes (Refs & Annos) speed and agility we need to have to serving or random monitoring except for me- protect the country in an age of ter- Chapter 119. Wire and Electronic Commu- chanical or service quality control checks. rorism. There may be some on this side nications Interception and Interception of (ii) Notwithstanding any other law, pro- who would prefer to have a political Oral Communications (Refs & Annos) viders of wire or electronic communication issue for the fall campaign. § 2511. Interception and disclosure of wire, oral, or service, their officers, employees, and But I believe that every day we grow electronic communications prohibited agents, landlords, custodians, or other per- more vulnerable, and that we must act (1) Except as otherwise specifically pro- sons, are authorized to provide information, now to give our national security pro- vided in this chapter any person who— facilities, or technical assistance to persons (a) intentionally intercepts, endeavors to authorized by law to intercept wire, oral, or fessionals, including our troops in the intercept, or procures any other person to electronic communications or to conduct field, the tools and the information intercept or endeavor to intercept, any wire, electronic surveillance, as defined in section they need to do their job. oral, or electronic communication; 101 of the Foreign Intelligence Surveillance Madam Speaker, the House has taken (b) intentionally uses, endeavors to use, or Act of 1978, if such provider, its officers, em- some significant steps this week to- procures any other person to use or endeavor ployees, or agents, landlord, custodian, or

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.028 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5761 other specified person, has been provided system, utilizing a means other than elec- (3)(a) Except as provided in paragraph (b) with— tronic surveillance as defined in section 101 of this subsection, a person or entity pro- (A) a court order directing such assistance of the Foreign Intelligence Surveillance Act viding an electronic communication service signed by the authorizing judge, or of 1978, and procedures in this chapter or to the public shall not intentionally divulge (B) a certification in writing by a person chapter 121 and the Foreign Intelligence Sur- the contents of any communication (other specified in section 2518(7) of this title or the veillance Act of 1978 shall be the exclusive than one to such person or entity, or an Attorney General of the United States that means by which electronic surveillance, as agent thereof) while in transmission on that no warrant or court order is required by law, defined in section 101 of such Act, and the service to any person or entity other than an that all statutory requirements have been interception of domestic wire, oral, and elec- addressee or intended recipient of such com- met, and that the specified assistance is re- tronic communications may be conducted. munication or an agent of such addressee or quired, setting forth the period of time dur- (g) It shall not be unlawful under this intended recipient. ing which the provision of the information, chapter or chapter 121 of this title for any (b) A person or entity providing electronic facilities, or technical assistance is author- person— communication service to the public may di- ized and specifying the information, facili- (i) to intercept or access an electronic vulge the contents of any such communica- ties, or technical assistance required. No communication made through an electronic tion— provider of wire or electronic communica- communication system that is configured so (i) as otherwise authorized in section tion service, officer, employee, or agent that such electronic communication is read- 2511(2)(a) or 2517 of this title; thereof, or landlord, custodian, or other ily accessible to the general public; (ii) with the lawful consent of the origi- specified person shall disclose the existence (ii) to intercept any radio communication nator or an addressee or intended recipient of any interception or surveillance or the de- which is transmitted— of such communication; vice used to accomplish the interception or (I) by any station for the use of the general (iii) to a person employed or authorized, or surveillance with respect to which the per- public, or that relates to ships, aircraft, ve- whose facilities are used, to forward such son has been furnished a court order or cer- hicles, or persons in distress; communication to its destination; or tification under this chapter, except as may (II) by any governmental, law enforcement, (iv) which were inadvertently obtained by otherwise be required by legal process and civil defense, private land mobile, or public the service provider and which appear to per- then only after prior notification to the At- safety communications system, including tain to the commission of a crime, if such di- torney General or to the principal pros- police and fire, readily accessible to the gen- vulgence is made to a law enforcement agen- ecuting attorney of a State or any political eral public; cy. subdivision of a State, as may be appro- (III) by a station operating on an author- (4)(a) Except as provided in paragraph (b) priate. Any such disclosure, shall render ized frequency within the bands allocated to of this subsection or in subsection (5), who- such person liable for the civil damages pro- the amateur, citizens band, or general mo- ever violates subsection (1) of this section vided for in section 2520. No cause of action bile radio services; or shall be fined under this title or imprisoned shall lie in any court against any provider of (IV) by any marine or aeronautical com- not more than five years, or both. wire or electronic communication service, munications system; (b) Conduct otherwise an offense under this its officers, employees, or agents, landlord, (iii) to engage in any conduct which— subsection that consists of or relates to the custodian, or other specified person for pro- (I) is prohibited by section 633 of the Com- interception of a satellite transmission that viding information, facilities, or assistance munications Act of 1934; or is not encrypted or scrambled and that is in accordance with the terms of a court (II) is excepted from the application of sec- transmitted— order, statutory authorization, or certifi- tion 705(a) of the Communications Act of 1934 (i) to a broadcasting station for purposes of cation under this chapter. by section 705(b) of that Act; retransmission to the general public; or (b) It shall not be unlawful under this (iv) to intercept any wire or electronic (ii) as an audio subcarrier intended for re- chapter for an officer, employee, or agent of communication the transmission of which is distribution to facilities open to the public, the Federal Communications Commission, in causing harmful interference to any lawfully but not including data transmissions or tele- the normal course of his employment and in operating station or consumer electronic phone calls, discharge of the monitoring responsibilities equipment, to the extent necessary to iden- is not an offense under this subsection unless exercised by the Commission in the enforce- tify the source of such interference; or the conduct is for the purposes of direct or ment of chapter 5 of title 47 of the United (v) for other users of the same frequency to indirect commercial advantage or private fi- States Code, to intercept a wire or electronic intercept any radio communication made nancial gain. communication, or oral communication through a system that utilizes frequencies [(c) Redesignated (b)] transmitted by radio, or to disclose or use monitored by individuals engaged in the pro- (5)(a)(i) If the communication is— the information thereby obtained. vision or the use of such system, if such com- (c) It shall not be unlawful under this munication is not scrambled or encrypted. (A) a private satellite video communica- chapter for a person acting under color of (h) It shall not be unlawful under this tion that is not scrambled or encrypted and law to intercept a wire, oral, or electronic chapter— the conduct in violation of this chapter is communication, where such person is a party (i) to use a pen register or a trap and trace the private viewing of that communication to the communication or one of the parties device (as those terms are defined for the and is not for a tortious or illegal purpose or to the communication has given prior con- purposes of chapter 206 (relating to pen reg- for purposes of direct or indirect commercial sent to such interception. isters and trap and trace devices) of this advantage or private commercial gain; or (d) It shall not be unlawful under this title); or (B) a radio communication that is trans- chapter for a person not acting under color (ii) for a provider of electronic communica- mitted on frequencies allocated under sub- of law to intercept a wire, oral, or electronic tion service to record the fact that a wire or part D of part 74 of the rules of the Federal communication where such person is a party electronic communication was initiated or Communications Commission that is not to the communication or where one of the completed in order to protect such provider, scrambled or encrypted and the conduct in parties to the communication has given another provider furnishing service toward violation of this chapter is not for a tortious prior consent to such interception unless the completion of the wire or electronic or illegal purpose or for purposes of direct or such communication is intercepted for the communication, or a user of that service, indirect commercial advantage or private purpose of committing any criminal or from fraudulent, unlawful or abusive use of commercial gain, tortious act in violation of the Constitution such service. then the person who engages in such conduct or laws of the United States or of any State. (i) It shall not be unlawful under this chap- shall be subject to suit by the Federal Gov- (e) Notwithstanding any other provision of ter for a person acting under color of law to ernment in a court of competent jurisdic- this title or section 705 or 706 of the Commu- intercept the wire or electronic communica- tion. nications Act of 1934, it shall not be unlawful tions of a computer trespasser transmitted (ii) In an action under this subsection— for an officer, employee, or agent of the to, through, or from the protected computer, (A) if the violation of this chapter is a first United States in the normal course of his of- if— offense for the person under paragraph (a) of ficial duty to conduct electronic surveil- (I) the owner or operator of the protected subsection (4) and such person has not been lance, as defined in section 101 of the Foreign computer authorizes the interception of the found liable in a civil action under section Intelligence Surveillance Act of 1978, as au- computer trespasser’s communications on 2520 of this title, the Federal Government thorized by that Act. the protected computer; shall be entitled to appropriate injunctive (f) Nothing contained in this chapter or (II) the person acting under color of law is relief; and chapter 121 or 206 of this title, or section 705 lawfully engaged in an investigation; (B) if the violation of this chapter is a sec- of the Communications Act of 1934, shall be (III) the person acting under color of law ond or subsequent offense under paragraph deemed to affect the acquisition by the has reasonable grounds to believe that the (a) of subsection (4) or such person has been United States Government of foreign intel- contents of the computer trespasser’s com- found liable in any prior civil action under ligence information from international or munications will be relevant to the inves- section 2520, the person shall be subject to a foreign communications, or foreign intel- tigation; and mandatory $500 civil fine. ligence activities conducted in accordance (IV) such interception does not acquire (b) The court may use any means within with otherwise applicable Federal law in- communications other than those trans- its authority to enforce an injunction issued volving a foreign electronic communications mitted to or from the computer trespasser. under paragraph (ii)(A), and shall impose a

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.040 H20JNPT1 jbell on PROD1PC69 with HOUSE H5762 CONGRESSIONAL RECORD — HOUSE June 20, 2008 civil fine of not less than $500 for each viola- I agree, now and always. The hard have worked with our government at tion of such an injunction. part is deciding whether the FISA com- our request to help detect and prevent Mr. SMITH of Texas. Madam Speak- promise before us meets my constitu- attacks. We should protect those com- er, I will yield 2 minutes to the gen- ents’ requirements and my own. panies. tleman from Indiana (Mr. PENCE) who After reading every word of it, and I think it also protects the civil lib- is a member of the Judiciary Com- after many, many hours working to de- erties of all Americans. This is an im- mittee and the Foreign Affairs Com- velop and revise portions of it, I con- portant piece of legislation. It has mittee as well. clude that the compromise replaces taken an awful lot of time to get there. (Mr. PENCE asked and was given per- bad law, the Protect America Act, with But just like yesterday, when Mem- mission to revise and extend his re- law that actually improves many of bers on both sides of the aisle work to- marks.) the provisions of the underlying FISA gether, we can come to an agreement. Mr. PENCE. Madam Speaker, I rise law which has served our country well We can come to a compromise that’s in in support of the FISA Amendments for three decades. the best interest of our country. Act of 2008. Let me highlight three issues. Two days in a row we have had two America is at war. We have to do all First, this bill makes clear that no great examples of how we can craft we can to protect our Nation from president can ignore it ever again. very good bills by working in a bipar- those who seek to harm this country, FISA is the exclusive means by which tisan manner. I want to congratulate our communities and our families. our government can conduct surveil- all the Members on both sides of the After nearly a year of delays, we fi- lance. In short, no more warrantless aisle and their staffs who have worked nally have before us a bill that will in- surveillance. so hard to bring this bill to the floor. stitute a long-term fix to our Nation’s Second, it expands the circumstances Mr. CONYERS. Madam Speaker, I foreign intelligence surveillance laws for which individual warrants are re- would like now to yield to the chair- and provide the intelligence commu- quired, by including Americans outside man of the subcommittee on the Con- nity with the tools it needs to protect the U.S., and it protects Americans stitution and the Judiciary, the gen- this country. I rise in particular appreciation of from so-called reverse targeting. tleman from New York, Jerry Nadler, Third, it requires Federal court re- 11⁄2 minutes. Republican Whip ROY BLUNT, Ranking view to determine whether commu- Mr. NADLER. Madam Speaker, in Member SMITH and Mr. HOEKSTRA. These Republicans stood firm and have nications firms, which assisted in post- order to uphold the principle of the succeeded in negotiating a strong 4- 9/11 activities, get civil liability protec- rule of law and the supremacy of the year extension to our surveillance tion. If the evidence is inadequate, Constitution, we must reject this bill. laws. courts can deny immunity, and immu- This bill limits the courts hearing law- While this bill is tough on terrorists, nity does not cover government offi- suits alleging illegal wiretapping, to it includes strong protections for civil cials who may have violated the law. considering only whether the telecom liberties and Americans that have also I have lived with FISA up close and companies received a ‘‘written request been put in place by extensive meas- personal for many years. I am angry or directive indicating that the activ- ures of oversight and review in the De- about the way the Bush administration ity was authorized by the President partment of Justice, and it protects abused it and disrespected Congress. and determined to be lawful,’’ not those patriotic telecommunications My constituents are right to demand whether that request was actually law- companies who assisted the Federal that Congress show courage and stand ful or that telecom companies knew Government in the wake of 9/11. up for the Constitution. Security and that it was unlawful. While I endorse these reforms and liberty are reinforcing values, not a The bill is a fig leaf granting blanket safeguards, let me say, Madam Speak- zero-sum gain. This bill, though imper- immunity to the telecom companies er, Congress and future administra- fect, protects both. for possibly illegal acts without allow- tions must be vigilant to ensure that Mr. SMITH of Texas. Madam Speak- ing the courts to consider the facts or the exigent circumstances exceptions er, I yield 1 minute to the gentleman the law. It denies people whose rights are practiced in a way that preserves from Ohio (Mr. BOEHNER) who is the are violated their fair day in court, and Presidential discretion when con- distinguished Republican leader of the it denies the American people the right ducting real-time foreign intelligence. House. to have the actions of this administra- Speaking less as a Congressman and Mr. BOEHNER. Let me thank my tion subjected to fair and independent more as a father, and as an American colleague from Texas for yielding. scrutiny. who was here on September 11, I am Let me just take a moment to con- Even the court’s limited review will grateful to my colleagues in both par- gratulate both Mr. SMITH, ranking remain secret. The lawsuits will be dis- ties for bringing this important com- member on the Judiciary Committee, missed, but the basis for that dismissal promise to the floor and making sure and Mr. HOEKSTRA, the ranking mem- that the defendants were innocent of that our intelligence community, those ber on the Intelligence Committee, and misconduct or that they were guilty, who work tirelessly every day to pro- all of their staff, who have worked but that Congress commands their im- tect us, have the tools they need to closely with our Democrat colleagues, munity, must remain secret. prevent the horrors of that day from both in the House and Senate, to craft The constitutionality of the immu- ever being visited on our soil again. a bill that will help protect the Amer- nity granted by this bill is very ques- Mr. REYES. Madam Speaker, I yield ican people. tionable. As Judge Walker put it in the 2 minutes to the distinguished gentle- Madam Speaker, America cannot af- AT&T case, ‘‘AT&T’s alleged actions woman from California, Ms. JANE HAR- ford to have a pre-9/11 mentality when here violate the constitutional rights MAN, who is the former ranking mem- it comes to national security. I think clearly established in the Keith deci- ber of the Intelligence Committee. that’s why this bill is so critical and sion. Moreover, because the very action (Ms. HARMAN asked and was given why Members and staff have been in question has previously been held permission to revise and extend her re- working so hard to craft it. I recognize unlawful, AT&T cannot seriously con- marks.) the serious threat that we face, and it tend that a reasonable entity in its po- Ms. HARMAN. Madam Speaker, my keeps our Nation on offense when it sition could have believed that the al- phones are ringing off the hook, and comes to protecting the American peo- leged domestic dragnet was legal.’’ my e-mail accounts are full. By the ple. I would hope that the courts will find hundreds and hundreds, my constitu- Our intelligence officials must have that because the constitutional rights ents are saying, ‘‘don’t cave in,’’ ‘‘don’t the ability to monitor terrorists sus- of Americans have been violated, Con- toss due process out the window,’’ ‘‘no pected of plotting to kill Americans. gress’ attempt to prevent court review compromise on our civil liberties’’ and This measure ensures that the tools is unconstitutional. I regret we may ‘‘all surveillance of Americans should that they need will be there to help today abandon the Constitution’s pro- require a warrant.’’ One of the most keep America safe. They have retro- tections and insulate lawless behavior powerful, ‘‘The U.S. Constitution has active liability protections for firms from legal scrutiny. been ‘marked up.’ Don’t shred it.’’ that have aided the government and I urge a ‘‘no’’ vote on this legislation.

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.042 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5763 Mr. HOEKSTRA. Madam Speaker, at Ms. JACKSON-LEE of Texas. I thank Furthermore, the bill contains a general ban this time I would like to yield 3 min- the distinguished chairman. on reverse targeting, but not the strong lan- utes to a member of the committee, Madam Speaker, I rise to say that we guage I worked so diligently to include in the Mrs. WILSON from New Mexico. did have legislation that would protect FISA legislation that had passed previously in (Mrs. WILSON of New Mexico asked the Constitution and provide the secu- the House. In my view, the RESTORE Act is and was given permission to revise and rity for our troops and those in the in- far superior to this piece of legislation. I wish extend her remarks.) telligence community, and that was to take a few moments to discuss the im- Mrs. WILSON of New Mexico. Madam the RESTORE Act. Today I rise in provement that I offered to the RESTORE Act Speaker, in December of 2005, I was enormous opposition to H.R. 6304 be- in the full Judiciary Committee markup, and walking to work and was at 1st and C cause, frankly, Madam Speaker, it’s which was sent over to the Senate for consid- Street when the front page of the New very difficult to put lipstick on a pig. eration last year. York Times revealed the existence of a What we have here is the opportunity My amendment made an essential contribu- program that had not been previously for the government to conduct mass, tion to the RESTORE Act by laying down a briefed to the entire Intelligence Com- untargeted surveillance of all commu- clear, objective criterion for the administration mittee and to the subcommittee that I, nications coming into and out of the to follow and the FISA court to enforce in pre- at that time, chaired that oversaw the United States without any individual venting reverse targeting. activities of the National Security review and without any finding of Reverse targeting is the practice where the Agency. That launched a period of ex- wrongdoing. Government targets foreigners without a war- tensive oversight and draft legislation What Americans don’t know is that rant while its actual purpose is to collect infor- in 2006. this government can now surveil you mation on certain U.S. persons. My language In January of 2007, because legisla- for 7 days without any approval. Then included clear statutory directives regarding tion didn’t pass, the administration if the court denies the application, whom the government should return to the made an attempt to put this entire pro- while the application is being appealed FISA court and obtain an individualized order gram under a FISA law that was not from the denial, you can be surveilled if it would like to continue listening to an designed and was not updated. I de- for 60 days. Americans’ communications. scribed that at the time as trying to This is not constitutional protection. One of the major concerns that libertarians put a twin-size sheet on a king-size As it relates to the idea of those who and classical conservatives, as well as pro- bed. It didn’t work. are now in court on warrantless gressives and civil liberties organizations, By late summer of 2007, we had lost searches, now the courts have no au- have with this legislation, as they did with its close to two-thirds of our intelligence thority over that, and your cases will successor, the Protect America Act, is that the collection on terrorism. We were un- be dismissed. temptation of national security agencies to en- able to respond fast enough when we I ask my colleagues to oppose this gage in reverse targeting may be difficult to had problems, particularly in war because ‘‘significant purpose’’ has been resist in the absence of certain safeguards in zones. taken out of this legislation. the law to prevent it. Just before Memorial Day in 2007, we Madam Speaker, I rise today in opposition My amendment attempted to produce such had three soldiers who were kidnapped to H.R. 6304, the ‘‘FISA Amendments Act of safeguards. My amendment reduced even fur- in Iraq. We needed an Army of lawyers 2008’’. This body has worked diligently with ther any such temptation to resort to reverse in Washington D.C. to listen to the our colleagues in the Senate to ensure that targeting by requiring the administration to ob- communications of the people that we the civil liberties of American citizens are ap- tain a regular, individualized FISA warrant thought had kidnapped them. propriately addressed. Sadly, this compromise whenever the ‘‘real’’ target of the surveillance That delay is not good enough and bill falls short of that aim. I will support no bill is a person in the United States. led to the insistence that we pass the that fails to protect American civil liberties, The amendment achieved this objective by Protect America Act, which this Con- both at home and abroad. requiring the administration to obtain a regular gress did, over the objections of the I am unable to support this bill that will over- FISA warrant whenever a ‘‘significant purpose Democratic leadership, in August of haul how the Government monitors foreign ter- of an acquisition is to acquire the communica- 2007. The Protect America Act closed rorist suspects. I will not support any legisla- tions of a specific person reasonably believed an important intelligence gap, but it tion that grants legal immunity to telecommuni- to be located in the United States.’’ expired in February of this year, and cations companies that provide information to It is far from clear how the operative lan- the gap is at risk of ever widening. Federal investigators without a warrant. guage ‘‘reasonably designed to ensure that The bill that we pass today will pro- Madam Speaker, this administration has the any acquisition authorized . . . is limited to tect the civil liberties of Americans law to protect the American people. When targeting persons reasonably believed to be and continue to require individualized Americans are involved, the Bill of Rights, the located outside the United States; and prevent warrants for anyone in the United fourth amendment, and our civil liberties must the intentional acquisition of any communica- States or American citizens anywhere be adhered to. This legislation does not go far tion as to which the sender and all intended in the world. It will also allow our in- enough to ensure that American rights are recipients are known at the time of acquisition telligence agencies to very rapidly fol- protected. to be located in the United States.’’ low up on tips and listen to foreigners The original legislation offered by the House Yes. It is true that H.R. 6304, the com- in foreign countries who are trying to Majority gave the Administration everything promise legislation, attempts to ensure that kill Americans. that it needed, but today, after months of ne- American civil liberties are protected, but the We have restored FISA to its original gotiation, if we endorse H.R. 6304, which operative language in the legislation does not intent and modernized it for 21st cen- grants sweeping wiretapping authority to the provide a paradigm for consistency. This is so tury communications and technology. Government with little court oversight and en- because it does not provide an objective cri- This is an important step for our intel- sures the dismissal of all pending cases terion. H.R. 6304 does not go as far as the ligence community and will put it on a against the telecommunications companies, legislation that the House sent over to the sound footing for the next several dec- we are eviscerating the Constitution. Senate a few months ago. H.R. 6304 does not ades. Let me explain my objections to H.R. 6304. retain the objective standards contained in my Intelligence, good intelligence, is the It permits the Government to conduct mass, amendment. first line of defense against terrorism, untargeted surveillance of all communications The language used in my amendment, ‘‘sig- and today this body will take the next coming into and out of the United States, with- nificant purpose,’’ is a term of art that long has step in making sure we have the tools out any individualized review, and without any been a staple of FISA jurisprudence and thus to be able to listen to our enemies and finding of wrongdoing. is well known and readily applied by agencies, prevent other terrorist attacks. H.R. 6304 permits minimal court oversight. legal practitioners, and the FISA Court. Thus, I would urge my colleagues to sup- The Foreign Intelligence Surveillance Court the Jackson-Lee amendment provided a clear- port the legislation. (FISA Court) only reviews general procedures er, more objective criterion for the administra- Mr. CONYERS. Madam Speaker, I for targeting and minimizing the use of infor- tion to follow and the FISA court to enforce to would like to yield now to a senior mation that is collected. Under these cir- prevent the practice of reverse targeting with- member of Judiciary, SHEILA JACKSON- cumstances, the court may not know what will out a warrant, which all of us can agree LEE of Texas, 1 minute. be tapped and where it will occur. should not be permitted.

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\K20JN7.036 H20JNPT1 jbell on PROD1PC69 with HOUSE H5764 CONGRESSIONAL RECORD — HOUSE June 20, 2008 A FISA order should be required in those in- dent of American democracy, observed that of ordinary Americans is vastly increased, re- stances where there is a particular, known the reason democracies invariably prevail in quiring more precise—not looser—standards, person in the United States at the other end any martial conflict is because democracy is closer oversight, new mechanisms for mini- of the foreign target’s call in whom the Gov- the governmental form that best rewards and mization, and limits on retention of inadvert- ernment has a significant interest such that a encourages those traits that are indispensable ently intercepted communications. significant purpose of the surveillance has be- to martial success: initiative, innovation, re- Madam Speaker, I encourage my col- come to acquire that person’s communica- sourcefulness, and courage. leagues to join me in opposition to H.R. 6304, tions. This protection has been stripped from As I wrote in the Politico, ‘‘the best way to as it grants sweeping wiretapping authority to H.R. 6304. I fought hard to keep this language win the war on terror is to remain true to our the Government with little court oversight and in the bill because it is important to me; and democratic traditions. If it retains its demo- ensures the dismissal of all pending cases it should be very important to members of this cratic character, no nation and no loose con- against the telecommunications companies. In body and to all Americans. It is important that federation of international villains will defeat my view, this is wrong and unacceptable. we require what should be required in all the United States in the pursuit of its vital in- Mr. SMITH of Texas. Madam Speak- cases—warrant any time there is specific, tar- terests.’’ er, I yield 1 minute to the gentleman geted surveillance of a United States citizen. Thus, the way forward to victory in the war from Arizona (Mr. FRANKS) who is a Madam Speaker, I have more objections to on terror is for the United States country to re- member of the Judiciary Committee H.R. 6304 which I will quickly note. H.R. 6304 double its commitment to the Bill of Rights and and a ranking member of the Constitu- tion Subcommittee. contains an ‘‘exigent’’ circumstances loophole the democratic values which every American that thwarts the judicial review requirement. will risk his or her life to defend. It is only by b 1130 The bill permits the Government to start a spy- preserving our attachment to these cherished Mr. FRANKS of Arizona. I thank the ing program and wait to go to court for up to values that America will remain forever the gentleman for yielding me this time. seven (7) days every time ‘‘intelligence impor- home of the free, the land of the brave, and Madam Speaker, the coincidence of tant to the national security of the U.S. may be the country we love. jihadist terrorism and nuclear pro- lost or not timely acquired.’’ The problem with Madam Speaker, FISA has served the Na- liferation in our world today I believe H.R. 6034 is that court applications take time tion well for nearly 30 years, placing electronic represents the greatest security threat and will delay the collection of information. surveillance inside the United States for for- to the human family. Osama bin Laden Therefore, it is possible that there will not be eign intelligence and counterintelligence pur- said ‘‘our religious duty is to gain nu- resort to prior judicial review. poses on a sound legal footing, and I am far clear weapons.’’ If that quest should Under H.R. 6304, the Government is per- from persuaded that it needs to be jettisoned. succeed, whether it is 100 yards from mitted to continue surveillance programs even However, I know that FISA as outlined in this Capitol or in one of our major cit- if the application is denied by the court. The this bill, H.R. 6304, attempts to curtail the Bill ies, it will change our concept of free- Government has the authority to wiretap of Rights and the civil liberties of the American dom in a way that almost none of us through the entire appeals process, and then people. I continue to insist upon individual can comprehend. And our best hope of keep and use whatever it gathers in the mean- warrants, based upon probable cause, when preventing that is to have effective in- time. surveillance is directed at people in the United telligence capability. I am also troubled by H.R. 6304’s dismissal States. The Attorney General must still be re- I believe that the majority has risked of all cases pending against telecommuni- quired to submit procedures for international the security of this country by delay- cation companies that facilitated the surveillance to the Foreign Intelligence Surveil- ing a vote on this important bill for so warrantless wiretapping program over the last lance Court for approval, but the FISA Court long; but I am gratified today that at 7 years. The test in the bill is not whether the least we are taking the next step in Government certifications were actually should not be allowed to issue a ‘‘basket war- rant’’ without making individual determinations making sure that we can see our chil- legal—only whether they were issued. Be- dren and grandchildren walk in the cause it is public knowledge that they were, all about foreign surveillance. In all candor, Madam Speaker, I must re- sunlight of freedom. the cases seeking to find out what these com- state my firm conviction that when it comes to As we go forward, we should all keep panies and the Government did without com- in mind the words of our Founding Fa- munications will be dismissed. Under this bill, the track record of this President’s warrantless surveillance programs, there is still not enough thers and the words especially of we will start as a tabula rasa. Telecommuni- Thomas Jefferson when he said, ‘‘The on the public record about the nature and ef- cations companies will be prevented from hav- price of freedom is eternal vigilance.’’ ing their day in court and we, the American fectiveness of those programs, or the trust- Mr. REYES. Madam Speaker, may I people, will never have a chance to know worthiness of this administration, to indicate inquire as to how much time remains what the companies did and what information that they require a blank check from Con- on all sides. is collected. I am deeply troubled by this, and gress. The SPEAKER pro tempore. The gen- The Bush administration did not comply with frankly, you should be, too. tleman from Michigan (Mr. CONYERS) Madam Speaker, it is important to point out its legal obligation under the National Security has 5 minutes remaining; the gen- Act of 1947 to keep the Intelligence Commit- that the loudest demands for blanket immunity tleman from Texas (Mr. REYES) has 61⁄2 did not come from the telecommunications tees ‘‘fully and currently informed’’ of U.S. in- minutes remaining; the gentleman companies but from the administration, which telligence activities. Congress cannot continue from Texas (Mr. SMITH) has 8 minutes raises the interesting question of whether the to rely on incomplete information from the remaining; and the gentleman from Bush administration or revelations in the 1 administration’s real motivation is to shield Michigan (Mr. HOEKSTRA) has 7 ⁄2 min- from public disclosure the ways and means by media. It must conduct a full and complete in- utes remaining. which Government officials may have ‘‘per- quiry into electronic surveillance in the United Mr. REYES. Madam Speaker, I now suaded’’ telecommunications companies to as- States and related domestic activities of the would like to yield 2 minutes to the sist in its warrantless surveillance programs. NSA, both those that occur within FISA and distinguished gentleman from Mary- Madam Speaker, let me be clear in my op- those that occur outside FISA. land (Mr. RUPPERSBERGER) who serves position. Nothing in the Act or the amend- The inquiry must not be limited to the legal as the chairman of our Subcommittee ments to the Act should require the Govern- questions. It must include the operational de- on Technical and Tactical Intelligence ment to obtain a FISA order for every over- tails of each program of intelligence surveil- on our Intelligence Committee. seas target on the off chance that they might lance within the United States, including: (1) Mr. RUPPERSBERGER. Madam pick up a call into or from the United States. who the NSA is targeting; (2) how it identifies Speaker, I am proud to rise in support Rather, what should be required, is a FISA its targets; (3) the information the program col- of H.R. 6304. I would like to thank order only where there is a particular, known lects and disseminates; and most important Chairman REYES, Chairman CONYERS, person in the United States at the other end (4) whether the program advances national Majority Leader HOYER, Minority of the foreign target’s calls in whom the Gov- security interests without unduly compromising Leader BLUNT, and Ranking Member ernment has a significant interest such that a the privacy rights of the American people. HOEKSTRA for coming together with a significant purpose of the surveillance has be- Given the unprecedented amount of infor- bill that we need on behalf of our coun- come to acquire that person’s communica- mation Americans now transmit electronically try. tions. and the post-9/11 loosening of regulations My district includes the National Se- Nearly two centuries ago, Alexis de governing information sharing, the risk of inter- curity Agency, and many of NSA’s em- Tocqueville, who remains the most astute stu- cepting and disseminating the communications ployees are my constituents. As a

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.037 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5765 member of the House Committee on In- to stop terrorist elements from devel- House and the Senate played an impor- telligence and the chairman of the oping plans and plots to kill their citi- tant part in the administration, House Subcommittee on Technical and Tac- zens as well as our own. Republicans, House Democrats, Senate tical Intelligence, which oversees NSA, This bill reaffirms all that we said Democrats, and Senate Republicans I know that the men and women who last year and the year before. It reaf- coming together and figuring out what work for our Nation’s intelligence firms what we said in the Protect was needed, what was constitutional, agencies work hard every day to keep America Act in August of 2007 that it is in a very much bipartisan fashion. our Nation safe. absolutely important that we step up Unfortunately, there are those who The intelligence agencies must do to the plate and listen to foreign ter- want to have it both ways, those who their work within the laws of this rorists in foreign lands plotting to kill will talk about how this is balanced, it country, and they need those laws to be citizens of our allies and here at home. meets the needs of the administration, clear. The NSA employees in my dis- I want to congratulate all those who as the administration is assuring us, trict need a clear law with a bright line came together today, and urge those and it meets all of the constitutional between legal and illegal surveillance with the rhetoric to please stand for requirements. But there are those who activities, and this bill provides that. your country today, stand for the sol- want to also play to the other side. Our Constitution requires checks and diers in the field who deserve our pro- While making sure that we are pro- balances for the three branches of gov- tection and the protection of the intel- tected by a good piece of legislation, ernment. This bill provides that the ligence services, and for every mother there are those who will come on the FISA Court must review surveillance and every father, every child in Amer- floor and denounce this and then vote requests to protect the constitutional ica who looks for a better day tomor- against it. rights of our citizens. row knowing that we once again have Madam Speaker, I ask the American I urge my colleagues to support this both our eyes and our ears on the prob- people to look long and hard at how bill because it gives our intelligence lem with terrorism and radical people vote on this. This is in fact community the tools they need to keep jihadists. worked out to assure the American our Nation safe while protecting the Mr. CONYERS. Madam Speaker, I am people, and properly so, that we will constitutional rights of Americans. pleased to yield to the gentleman from protect all of their constitutional Mr. HOEKSTRA. I would like to yield New Jersey (Mr. HOLT), a distinguished rights while doing everything we can 3 minutes to another distinguished member of the Intelligence Committee, to ensure their safety. gentleman from Michigan (Mr. ROG- 1 minute. This is good legislation worked out Mr. HOLT. Madam Speaker, I thank ERS). over a long period of time, and a lot of the chairman of the Judiciary Com- Mr. ROGERS of Michigan. Madam thoughtful work went into it on both mittee for yielding me time to speak Speaker, I want to compliment Mr. sides. But I ask the American people to about this. REYES. When this happened 124 days Unfortunately, the negotiators who hold accountable those who would ago when it expired, I realized what a brought this bill to the floor bought want to know that the American peo- challenge you had. They were asking into the flawed assumptions of the ple are protected, and then vote you to win the Kentucky Derby by en- Bush administration that because we against it in order to play to special in- tering a donkey in the race. And trying live in a dangerous world, we must now terests. to get all of the folks together to get redefine the fourth amendment and Madam Speaker, that is the bad part us to the place where we are today was thus the fundamental relationship be- of what will happen today. The good not short feat. tween the government and its people. part is that America will be safer and Mr. HOEKSTRA and Mr. REYES, I want If this bill becomes law, it will per- the Constitution will be secure because to thank you both because what this haps be the only lasting legacy of the of what we are doing here today. I bill does today is reaffirm what we Bush-Cheney administration’s overhaul thank you and urge support. have been saying for the last several of national security policy, a congres- Mr. CONYERS. Madam Speaker, I am years, that the due process of the Con- sionally blessed distortion of congres- pleased now to yield to the gentle- stitution, the fourth amendment, is sional checks and balances. It permits woman from California (Ms. LEE), co- alive and well and protected in this massive warrantless surveillance in the chair of the Progressive Caucus and a bill. And any rhetoric to the contrary absence of any standard for defining leader in the Congressional Black Cau- is simply not true. It is fear how communications of innocent cus, 1 minute. mongering. Americans will be protected; a fishing Ms. LEE. Madam Speaker, let me For any U.S. citizen who believes expedition approach to intelligence thank the gentleman for yielding and that their phones are going to be collection that we know will not make for his leadership. unceremoniously and injudiciously Americans more safe. I rise in strong opposition to this tapped or listened to is simply wrong, Its court review provisions are weak very terrible bill. It does not strike the and this bill reaffirms the importance and narrowly defined. I know some of proper balance between protecting na- of that fourth amendment and due those who negotiated this bill say that tional security and preserving our process for every American citizen some court review is better than no cherished civil liberties. every day. court review. That is only true if the Now I know how important those But it also says some very important judge’s hands aren’t tied in the review protections are from my personal expe- things. We are going to protect the process. They are in this bill. rience with unwarranted domestic sur- Good Samaritan law that we have There is a fundamental American veillance and wiretapping during the J. known and developed over the last 200- principle that those who search, seize, Edgar Hoover period. The government’s plus years that if you in good faith intercept and detain should not be the infamous COINTELPRO program ru- help your neighbor or help your coun- ones who decide who are the bad guys. ined the lives of many innocent per- try, in good faith you will be protected Mr. SMITH of Texas. Madam Speak- sons. Others, including myself, had from damages sought by anyone else. If er, I yield 2 minutes to the gentleman their privacy invaded even though they you stand up and protect the liberties from California (Mr. ISSA) who is a posed absolutely no threat to national and justice of your country and the member of the Judiciary Committee security. We all remember how Dr. lives of your neighbors, you will be pro- and the Permanent Select Committee King and his family were the victims of tected in this law. on Intelligence as well. the most shameful government-spon- And finally, our foreign intelligence (Mr. ISSA asked and was given per- sored wiretapping. We must never go service allies have been nervous for 124 mission to revise and extend his re- down this road again. Yet here we are days, begging, pleading, cajoling, ask- marks.) again. ing please, step up to the plate and re- Mr. ISSA. Madam Speaker, I rise in This bill undermines the ability of engage in one of the most important strong support of this hammered-out Federal courts to review the legality of intelligence elements that we have, compromise bill. domestic surveillance programs, it pro- that the United States shares with our You know, Madam Speaker, elections vides de facto retroactive immunity to foreign allies to stop suicide bombers, matter. The current balance in the telecom companies and does not sunset

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.039 H20JNPT1 jbell on PROD1PC69 with HOUSE H5766 CONGRESSIONAL RECORD — HOUSE June 20, 2008 until December 31, 2012. How can we do the call of their government in the tools to protect us, while upholding the that? Four years is way too long. wake of 9/11. The language of the bill civil liberties of Americans. Today’s A good bill will protect Americans not only satisfies the interest of jus- compromise illustrates what this against terrorism and not erode the tice, but communicates loudly to all House can do when it deliberates with fourth amendment. This bill scares me Americans that if they are ever con- care, holds steady against fear to death, and I urge a ‘‘no’’ vote. fronted with such requests, lawful re- mongering and acts in the best inter- Mr. SMITH of Texas. Madam Speak- quests, their government will not hang ests of the country and its citizens. er, I yield 3 minutes to the gentleman them out to dry afterwards. This bill is strong on civil liberties, from California (Mr. DANIEL E. LUN- Specifically, a Good Samaritan safe and includes protections against in- GREN), a senior member of the Judici- harbor will exist with respect to any fringement of our constitutional right ary Committee and the Homeland Se- civil action where there is substantial to privacy. curity Committee. evidence to support the certification First, the bill clarifies that FISA is Mr. DANIEL E. LUNGREN of Cali- provided by the Attorney General. The the exclusive means by which the exec- fornia. Madam Speaker, I thank the quantum of evidence required is merely utive branch may conduct electronic gentleman for the time. a showing of more than a scintilla but surveillance on U.S. soil. No President Madam Speaker, as some say on less than a preponderance of evidence. will have the power to do an end-run radio, ‘‘Now let’s hear the rest of the And although these provisions in the around the legal requirements of FISA. story.’’ After the arguments just made proposal will contribute to securing This provision will prevent the types of on this floor, this is actually a great the safety of our citizens, this is not to abuses we’ve witnessed under this ad- day. We and the American people have suggest that I support every provision ministration. been waiting for this since 12:01 a.m. on in the compromise. Second, this act requires a warrant February 6 when the Protect America The SPEAKER pro tempore. The gen- from the FISA court to conduct sur- Act expired. During the intervening tleman’s time has expired. veillance of Americans abroad. Ameri- time we have actually been unneces- Mr. SMITH of Texas. I yield the gen- cans will no longer leave their con- sarily vulnerable to those who would tleman 1 additional minute. stitutional protections at home when do us harm in this era of worldwide ter- Mr. DANIEL E. LUNGREN of Cali- working, studying or traveling abroad. rorism. fornia. For example, the so-called ‘‘ex- Third, it requires prior approval by In fact, Madam Speaker, I would say clusive means’’ language in the bill is the FISA court of procedures the gov- that this is the single most important seen by some as an assertion of maxi- ernment will use when carrying out bill we will vote on this year, not that mal congressional authority. Let me foreign electronic surveillance. This I say supporting our troops is not im- just remind my colleagues that the will ensure that the government’s ef- portant, but the intelligence that we FISA Court of review has said all of the forts are not aimed at targeting Ameri- gather as the result of the authority other courts to have decided the issue cans, the so-called reverse targeting granted by this bill may actually cre- held the President did have inherent that we’re all concerned about; and ate conditions under which we do not authority to conduct warrantless that if an American’s communications have to send troops anywhere in the searches to obtain foreign intelligence is inadvertently intercepted, it is dealt world and may be more protective of information. The court stated that ‘‘we with in a manner that guarantees legal our rights than any other single thing. take for granted that the President protections. Having come before this body on five does have that authority.’’ It also requires and allows for, now, different occasions since that initial So regardless of whether we have a an IG investigation of this warrantless expiration of the Protect America Act, President McCain or a President surveillance program that took place I am greatly relieved that we can fi- Obama, this language will likely be in- prior to Congress being made aware of nally send the intelligence community terpreted in the context of facts in in- this legislation. and the American people a bill which dividual cases in light of the constitu- The SPEAKER pro tempore. The gen- will enable the intelligence community tional jurisprudence which has arisen tleman’s time has expired. to continue to protect those American with regard to the collection of foreign Mr. REYES. I grant the gentleman people. intelligence. another 15 seconds. Although the compromise agreement In other words, it does not either Mr. LANGEVIN. Madam Speaker, as embodied in the proposal before us is trample upon the constitutional pre- I’ve said before, this legislation will not necessarily the one I would have rogatives of the Congress nor those only work if everyone involved follows written, it does, in my estimation, constitutional prerogatives of the the rules and remains within the con- meet our responsibilities for protecting President of the United States. This is fines of the law. Congress must con- the American people. In other words, a good compromise. It protects the tinue to conduct robust oversight to Madam Speaker, it is not the Mona American people. We have been waiting make sure that the law is implemented Lisa but it is not a bad paint job. for it. It ought to be voted on with dis- as intended to maintain the critical First and foremost, the proposal be- patch. and fragile balance of protecting our fore us ensures that we will continue to Mr. REYES. Madam Speaker, I yield Nation and protecting civil liberties. have the ability to monitor the con- 2 minutes to the distinguished gen- Mr. HOEKSTRA. At this time I would versations of al Qaeda overseas. And al- tleman from Rhode Island (Mr. like to yield 1 minute to the gentleman though there are requirements that the LANGEVIN), a valued member of our In- from California (Mr. ISSA). Attorney General and the Director of telligence Committee. (Mr. ISSA asked and was given per- National Intelligence adopt procedures (Mr. LANGEVIN asked and was given mission to revise and extend his re- which will be submitted to the FISA permission to revise and extend his re- marks.) Court, the bill retains sufficient flexi- marks.) Mr. ISSA. Madam Speaker, in just 1 bility for our overseas intelligence mis- minute it’s impossible to assure the sion. b 1145 American people of everything this bill In other words, the intelligence com- Mr. LANGEVIN. Madam Speaker, I will do. But I would like too, if you munity leadership has assured us that rise in support of the FISA Amend- will, react to something that was said this bill will allow them the oper- ments Act of 2008. Though not a perfect on the other side that just simply isn’t ational authority to do what needs to piece of legislation, it is clearly far true. be done within the parameters of the better than what we have today, and Yes, during J. Edgar Hoover’s day, Constitution. Both the safety of the addresses a number of the many con- there was warrantless surveillance, American people as well as their civil cerns that were raised about the ad- even on political enemies of the people liberties are protected in this proposal. ministration’s conduct of surveillance who were President at the time. Those This proposal embodies compromise in this country. days are behind us. language which responds to the legiti- As a member of the Intelligence This act, long since we’ve taken care mate concerns of telecommunication Committee, I know that we must give of domestic wiretap, but this goes one providers who themselves responded to our Intelligence Community the proper step further. It insures Americans and

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.041 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5767 particularly, I think, Arab Americans Madam Speaker, I yield back the bal- allow warrantless surveillance of like myself who might go back and ance of my time. Americans. That is not true. This bill forth between here or have relatives in Mr. REYES. Madam Speaker, it is does not allow warrantless surveillance the Middle East, that their conversa- now my pleasure to yield 1 minute to of Americans. I just think we have to tions will not be the subject of our esteemed Speaker of the House, stipulate to some set of facts. warrantless wiretaps, that, in fact, Ms. PELOSI. We may have our opinions about the they can be very confident that Amer- Ms. PELOSI. Madam Speaker, I bill, but there have been so many ica is going to observe the Constitution thank the gentleman for yielding. I versions of the story of different bills for them, both when they are here and thank him for his great leadership as that have come up, the PAA last year, if they are visiting abroad. the chairman of the Intelligence Com- which I thought was totally unaccept- So it’s not easy to undo some of the mittee. I commend him. able. The Senate bill, also unaccept- statements that talk about the past, I commend Mr. CONYERS, the distin- able. Our House bill, which I mentioned but the truth is, this will protect what guished chairman of the Judiciary before, which I thought was the appro- has already been established for Ameri- Committee, for although he is not sup- priate way to go, and now this com- cans here. porting the legislation before us today, promise. Mr. CONYERS. Madam Speaker, I am he certainly had a tremendous impact As I was talking with Mr. HOYER in pleased to yield to the gentleman that to improve it. Thank you for your re- the course of his negotiations, there has more measures in the Judiciary lentless championing of civil liberties were certain things that I thought had Committee than anybody else in Con- in our country, Mr. CONYERS. to be in the bill to make it acceptable, gress, Dennis Kucinich, the distin- I want to pay special tribute to our certain threshold issues that had to be guished gentleman from Ohio, 1 majority leader, Mr. HOYER, for mak- there, and they are. minute. ing this compromise possible today. In terms of the original FISA bill, Mr. KUCINICH. Under this bill, large It’s a very difficult task, many com- it’s interesting to note that this bill is corporations and big government can peting views as to how we should go an improvement on that in three im- work together to violate the United forward. Mr. HOYER handled it all with portant ways. States Constitution, use massive data- great intellect and great respect for all First, we all recognize the changes in bases to spy, to wiretap, to invade the of those views. Thank you, Mr. HOYER. technology necessitate a change in the Also want to acknowledge Mr. SMITH privacy of the American people. legislation, and this legislation today and Mr. HOEKSTRA and minority whip, There’s no requirement for the govern- modernizes our intelligence-gathering Mr. BLUNT, for their leadership in giv- ment to seek a warrant for any inter- system by recognizing and responding cepted communication that includes a ing us this opportunity today. We’ve heard it over and over again. to technological developments that U.S. citizen, as long as the program in have occurred since the original FISA general is directed towards foreign tar- Our colleagues say this bill is not per- fect, this isn’t the bill I would write. I Act in 1978. In doing so, we can make gets. the country safer in a more advanced This Congress must not allow the prefer this bill, I prefer that bill. Well, I prefer the House bill that technological way. names of innocent U.S. citizens to be Second, and this is very, very impor- placed on secret intelligence lists. passed and was sent to the Senate. It tant, and there’s some misunder- Under this bill, violations of Fourth isn’t an option for us. I do not, I totally standing about this. This bill provides Amendment rights and blanket wire- reject the Senate bill which is an op- that Americans overseas receive the taps will be permissible for the next 4 tion, and that is the comparison that same FISA protection, including an in- years. Massive and untargeted collec- we have to make, the contrast that we dividualized warrant based on probable tion of communications will continue have to make today. cause, as Americans living within the and with the enactment of this bill. But in doing so, I think we all under- Furthermore, it allows the type of stand the important responsibility that country. This is a very important im- surveillance to be applied to all com- we have in this Congress, focused on provement on the original FISA Act. munications entering and exiting the this debate today. I always take the de- Third, this bill strengthens congres- United States. These blanket wiretaps bate back to our responsibility when sional oversight. And this is very im- make it impossible to know whose calls we take the oath of office. We take an portant, the transparency. Trans- are being intercepted by the National oath of office to protect and defend the parency and intelligence don’t always Security Agency. Constitution from all enemies, foreign go together, but accountability is cen- Let’s stand up for the fourth amend- and domestic. In that preamble to our tral to intelligence. This strengthens ment. Let’s remember, when this coun- Constitution, we must provide for the congressional oversight by requiring try was founded Benjamin Franklin common defense. Essential to honoring that the executive branch provide more said, those who would give up their es- that commitment to protect the Amer- extensive information about the con- sential liberties to achieve a measure ican people is to have the intelligence, duct of surveillance to both the Intel- of security deserve neither. Vote operational intelligence that will help ligence Committee and the Judiciary against it. us do that. Committee. This is new, this is better. Mr. SMITH of Texas. Madam Speak- When I first went on the Intelligence The more we know, the better, I think, er, I yield myself the balance of my Committee, our focus was on force pro- the law will be enforced. time. tection. Our troops in the field depend If this bill does not pass, we will Madam Speaker, H.R. 6304 may well on timely and reliable intelligence to most certainly be left with the Senate be one of the most important pieces of make the decisions necessary to keep bill. I think that’s clear. And this bill legislation we pass this Congress. them safe and to do their job. Force is an improvement over the Senate bill For 4 months America has been more protection, force protection, force pro- in the following ways, just to name a vulnerable to attacks by our enemies, tection. It is still a primary responsi- few. because of the refusal by some to bring bility of our intelligence. First of all, it reaffirms that FISA is a commonsense bill to the floor to help In addition to that, we have the fight the exclusive means of collecting for- the Intelligence Community protect on the war against terrorism, the fight eign intelligence, and makes abso- Americans. against terrorism, wherever it may lutely clear that the enactment of an Many of us would have preferred the exist. Good intelligence is necessary authorization for the use of force does bill passed by the Senate. Although for us to know the plans of the terror- not give the President, whoever he may this bill may not be ideal, it does rep- ists and to defeat those plans. be, any inherent authority to alter the resent a compromise between House So we can’t go without a bill. That’s requirements of FISA. Very important. and Senate Republicans and Demo- just simply not an option. But to have This is important because President crats. This compromise preserves our a bill, we must have a bill that does Bush believed, and this was what we ability to conduct a strong, effective not violate the Constitution of the were told, that he, as President of the foreign intelligence program. United States, and this bill does not. United States, had inherent authority I urge my colleagues to support this Some in the press have said that under the Constitution to do almost legislation. under this legislation, this bill would anything he wanted.

VerDate Aug 31 2005 02:02 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.043 H20JNPT1 jbell on PROD1PC69 with HOUSE H5768 CONGRESSIONAL RECORD — HOUSE June 20, 2008 And what this bill reaffirms is that safe and to fight terrorists by learning These leaders in Congress were con- the FISA law is the authority for col- their plans in advance and squelching sistently briefed about how the pro- lecting foreign intelligence. There is no them. gram would work, the kinds of infor- inherent authority of the President to I want to thank those who have mation that was being obtained, and do whatever he wants. This is a democ- worked so hard to bring this bill to the how it was being used to keep America racy. It is not a monarchy. floor. Again, it’s not a happy occasion, safe, all the while placing a responsi- Secondly, it is an improvement of the but it’s the work that we have to do. I bility on yes, the President, but also Senate bill. And by the way, no offense think we have to remember getting the leaders of Congress to make sure to President Bush. I wouldn’t want any back to the Constitution. The House, that the intel community was doing President, Democrat or Republican, a article 1, legislates. We pass the laws. the things it was being asked and was Democratic President or a Republican The judiciary interprets the law. The being asked to do things that would be President to have that authority. executive branch enforces the law. And legal. Secondly, the bill provides that, ex- what is very important about whatever The intel community has performed cept in rare circumstances there will we pass, especially in relating to sub- very well. They have gotten us infor- be pre-surveillance review by the FISA jects relating to our security and our mation that has enabled us to keep Court. liberty, it’s important that the Presi- America safe. The intel community, this administration, and Congress b 1200 dent of the United States enforce this law honoring the Constitution of the asked other parts of our economy to And when I say rare circumstance, I United States recognizing the responsi- participate, private sector companies. mean very, very rare. bility that we all have to protect the They stood up and they did the job to keep America safe. Congress did the Unlike the Senate bill, this legisla- American people and protect the Con- necessary job of doing oversight, and in tion retains FISA’s broad definition of stitution of the United States at the 2004, we reformed the intelligence com- electronic surveillance and thus guar- same time. munity. antees that basic protections of FISA So again, a difficult decision for all apply to all the new forms of collection So since 9/11, many things have been of us. I respect every opinion that was done properly. The end result, as we’ve authorized by the bill. There had been expressed on this floor today. The an attempt, and that’s why the Senate gone through this process, is that we knowledge, the sincerity, the passion have kept America safe. bill is inferior in this respect, to just and the intellect of those who support narrow it to certain kinds of collec- I congratulate the Speaker, I con- and oppose this have been very, very gratulate the majority leader, I con- tion, and this says it applies to all col- valuable in making the bill better, if gratulate my colleagues on the other lection, electronic surveillance. not good enough for some, but cer- side of the aisle, Mr. SMITH, for work- Fourth, it contains specific protec- tainly preferable to the alternative ing in a bipartisan basis to recognize tions against reverse targeting. This that we have which is the Senate bill what needed to be done in allowing this reverse targeting is very, very impor- which must be rejected. bill to come to the floor and continue tant to the civil liberties of the Amer- I’m not asking anybody to vote for to move forward in a slightly different ican people, and I am satisfied by the this bill. I just wanted you to know way than how we’ve been moving for- specific provisions against reverse tar- why I was. ward over the last 6 years. But the geting. It provides a full and inde- Thank you, Madam Speaker. most important thing is in a bipartisan pendent review of the President’s sur- Mr. HOEKSTRA. Madam Speaker, I basis, we have come together on a na- veillance program by the Inspector would like to yield myself the balance tional security issue to give our intel- General of the relevant agencies. of my time. ligence community the tools that they Of course, there are aspects of this In the immediate aftermath of 9/11, need to keep America safe. compromise bill that I do not like. I the President, the leaders of Congress, Mr. CONYERS. Madam Speaker, I don’t believe that Congress should be faced a very difficult situation: to would like now to recognize the distin- in the business of interfering with on- learn more and to better understand guished gentleman from Washington, going lawsuits and attempting to grant the threat that America now faced. JAY INSLEE, for 1 minute. immunity to telecommunication com- They recognized that we needed to Mr. INSLEE. Have we forgotten what panies that allegedly violated the law. move from a mentality of being law en- our ancestors have done in the cause of Those companies have not lived up to a forcement to a mentality of preven- liberty? Don’t we realize there are standard expected by the American tion, that we needed to confront, con- some lines we can never cross? Don’t people. I don’t think today is any cause tain, and ultimately defeat radical we realize we should never legitimize for celebration for them. They come jihadists if America was going to stay illegal violations of America’s privacy out of this with a taint. safe. rights, which this bill does? I do not believe that the pending law- The President, the leaders of Con- This bill says if the telecommuni- suits would have achieved what we gress, many of whom spoke today, cation companies violated America’s would have liked them to do which is huddled together and talked about the privacy willfully, knowingly, knowing what the Inspector General’s review various strategies that they could im- it was illegal, we are giving them im- would, which is to learn the truth plement to get a better understanding munity. Where is the excuse for that? about the President’s terrorist surveil- of this organization called al Qaeda, its Where is the excuse for turning a Na- lance program and give us the informa- leaders, its intentions, and its capabili- tion of laws into a Nation that will be tion we need to make sure that never ties. led by a President who knows how to happens again. Overarching in their discussions were manipulate our fears? We have got to know the law is our In addition, this legislation makes making sure that the Constitution and ultimate guardian of liberty, and those sure that in the future, the telephone the rule of law would guide their be- on this side have accused us of having companies must fully comply with haviors. As they considered various al- a pre-9/11 mentality. Let me remind Federal statutes. ternatives and discussed these, they them that July 4, 1776, was pre-9/11. Again, it would have been my pref- implemented a terrorist surveillance And heaven help us the day that those erence to vote for the RESTORE Act program using the capabilities that in values are shucked aside at the service that the House sent over to the Senate. many cases are unique to America that of fear. I do not consider it an option to live could give us insights into al Qaeda, its Reject this bill. with the Senate bill. This is the oppor- leadership, and its intentions. Mr. CONYERS. Madam Speaker, I tunity that we have to protect the It’s not the President’s program. will take this time to use the remain- American people through the gathering This program was put together by the ing time that is allotted me. of intelligence which is essential, as I President in consultation, sure, with The SPEAKER pro tempore. The gen- said earlier, to force protection, to pro- members of his cabinet, but also, very tleman is recognized for 1 minute. tect our men and women in uniform importantly, with consultation on a bi- Mr. CONYERS. I would like to point and help them make the decisions they partisan basis with the leaders of Con- out that the grant of retroactive im- need to do their jobs and keep them gress. munity to the telecoms is inconsistent

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.045 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5769 with our basic principles because we I want to thank his staff, Lou the case. I said that ROY BLUNT and I are breaking with a very proud tradi- DeBaca, Perry Apelbaum. And Lou often disagree on substantive issues, tion of intervening for the first time in DeBaca, in particular, who sat for but what we agree on very strongly is a pending court decision in an effort to hours and hours and hours in a room that this House needs to sit down and reach a preordained legal outcome. trying to reach agreement as we made talk to one another and try to reach This is a bad precedent. compromises. Mr. REYES’ staff, Mike resolution on difficult issues, not hard- And may I point out, too, that we are Delaney, the staff director. Jeremy to-reach compromise on easy issues. in a period in which the executive Bash. Jeremy Bash did extraordinary It’s on the difficult issues. branch has been deemed by many con- work. Jeremy Bash was hired by the ROY BLUNT is a man of this House, stitutional authorities to be very near former Chair of the Intelligence Com- who cares about this House, who cares the description of an imperial Presi- mittee, Jane Harman. about this country. And he cares about dency. We’ve gone too far. Jane Harman is probably as knowl- drafting legislation that can be agreed I hope that we will get a strong vote edgeable as almost anybody on this upon by a broad section of this House against this because the struggle for floor, other than perhaps the Speaker and the American people. He has an ex- restoring our precious rights and lib- who served on the Intelligence Com- traordinary staff of Brian Diffell, who I erties must continue. mittee longer than anybody in this want to thank for his efforts, but in I return all time that may be remain- House. Jane Harman’s leadership, con- particular, I want to thank ROY BLUNT ing on our side. cern, focus on constitutional rights, Mr. REYES. Madam Speaker, how for his friendship, for his integrity, and focus on the security of our country, much time remains? for his willingness to take risks to The SPEAKER pro tempore. The gen- was outstanding. She played a signifi- reach compromise. Thank you, ROY. cant role in trying to get us to this tleman from Texas has 21⁄4 minutes. Madam Speaker, today we conclude Mr. REYES. Madam Speaker, it is day. one step in a long, continuing process. my privilege to yield 1 minute to our b 1215 Just under a year ago, the House came distinguished majority leader, Mr. under great pressure from the adminis- Eric Greenwald of Mr. REYES’ staff tration and the Senate to pass the Pro- HOYER, who in this case deserves MVP also played a significant role. status for having the wisdom of Sol- Without Mike Sheehy and Joe Onek tect America Act, a bill I could not omon and the patience of Job. of the Speaker’s staff, we would not be support and spoke out against for its Mr. HOYER. I thank my friend, the here today. We would not have reached lack of civil liberties protections. chairman of the Intelligence Com- the good compromises that we reached. Since then, there have been other at- mittee. I thank the Speaker. I thank Joe Onek and Mike Sheehy, if they tempts to modernize the Foreign Intel- the Speaker not only for giving me the were writing this bill, would have writ- ligence Surveillance Act: first, the RE- responsibility for trying to work with STORE Act passed by the House last some extraordinarily talented people ten a different bill, much closer to what we passed on our side of the aisle November with my strong support, but also for having the courage to lead with Mr. CONYERS’ strong support, Mr. and the courage to express her convic- and sent to the Senate, which they re- jected. Mike Sheehy has served the REYES’ strong support, and the support tions. of this House; that was followed by the And I want, at the outset, to share House and the Speaker for a very long time in the intelligence field. Senate bill which passed, as I said ear- her view that every Member who has lier, with 68 votes in February; and spoken on this floor has spoken out of I want to thank Senator ROCKE- FELLER. We would not be here today on most recently, the FISA Amendments a sense of conviction and out of a sense Act, passed by the House last March. I of responsibility to the Constitution of this floor if it were not for Senator ROCKEFELLER. Senator ROCKEFELLER supported that bill as well. I think it the United States and to the protection was a better bill. It would be my alter- of our great Nation and our great peo- very early on had discussions with me about what could they do to try to native. It was our alternative on this ple. side of the aisle, but it was not the con- Mr. REYES, Mr. CONYERS, Mr. HOEK- move towards the bill that we passed. sensus alternative, and we needed to STRA, Mr. SMITH have all worked to He made some suggestions. Those sug- reach consensus to move forward. come together, realizing that there gestions are in this bill today. He fa- were significant differences. Those four cilitated our actions. Andy Johnson, I was proud to support the two House have been assisted by some extraor- Mike Davidson, Alissa Starzak of his bills, which I believe struck the right dinary people, and at the outset, I want staff were very, very helpful. balance between giving our intel- to mention them. Senator BOND, Senator BOND and I ligence community the tools to go First of all, I want to mention my did not see necessarily eye-to-eye on after those who seek to harm and pro- own staff without whom I think we these issues as we began, but at the tecting the constitutional rights of would not be at this day. She sits on end, we came to an agreement. Louis American citizens. the floor. She worked for my colleague Tucker and Jack Livinston of his staff Today, I stand in support of a dif- and dear friend Senator Paul Sarbanes were very helpful. ferent kind of bill, a compromise. To be for a number of years. One of the bene- Chairman HOEKSTRA, or former clear, this is not the bill that I would fits of Senator Sarbanes retiring was Chairman HOEKSTRA, now Ranking have written or that perhaps anybody that she came to my staff. Mariah Member HOEKSTRA, I want to thank individually on this floor would have Sixkiller has expended too much time, Chairman HOEKSTRA, but particularly, written. However, in our legislative perhaps, but with great talent and I want to thank Chris Donessa who was process, no one gets everything he or great ability to reach this day. Thank very helpful, gave us great assistance she wants. Different parties, often with you, Mariah Sixkiller. and advice. deeply competing interests, come to- I want to thank Chairman CONYERS LAMAR SMITH and Caroline Lynch of gether here to produce a consensus because Chairman CONYERS, as you’ve his staff, thank you very much for your product, where each side gives and heard on the floor, has been conflicted efforts as you sat in that room, as we takes. I don’t believe we’ve given on but he has been focused on the neces- all sat around, every one of the com- the ultimate principles on either side. sity to respond to issues that are real mittees sat around the table, as we Over the past few months, I’ve been and also to help us move forward so came to the final agreement. involved in almost daily discussions that we did not, in the minds of many Then I want to thank, of course, Jen with the stakeholders on this impor- of us, have a bill pass that we thought Stewart and the minority leader, with- tant issue, Members in both Chambers, was unacceptable, a bill passed by the out whom we could not have gotten to in both parties, as well as outside orga- Senate with 68 of 100 votes. We would this day. nizations and experts. I want to thank not be here, in my opinion, without Lastly, I want to thank my friend. all of the outside organizations, wheth- Chairman CONYERS’ leadership, not be- There’s an article going to be written. er they agree with our product or do cause he supports this alternative, but It’s going to speculate whether or not not. Their contribution has been an im- because he saw the ability to work to- he and I hurt one another by saying the portant one. I particularly want to gether. other is his friend. I don’t think that’s thank those who take very unpopular

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.048 H20JNPT1 jbell on PROD1PC69 with HOUSE H5770 CONGRESSIONAL RECORD — HOUSE June 20, 2008 positions to protect the rights of per- lieve we have the best bill before us formation from foreign sources while providing haps just one of us among the 300 mil- that we could possibly get in the cur- little or no justification for the national security lion, who in the land of the free and the rent environment. It is a significant value of that information. home of the brave deserve to have that improvement over the Senate-passed The FISA Court set up to police the process one individual right protected, and I bill and, I suggest, existing law. isn’t a court at all. Under this bill, the govern- appreciate their efforts to ensure that I look forward to working with my ment can gather as much intelligence as it that country remains that kind of colleagues in the years ahead to ensure chooses for seven days prior to going to the country. that both our national security and our court. Then, if the court says ‘‘No’’ to the re- Together, we have worked to develop civil liberties are protected. That is quest, the government can continue to gather a bill that strikes a sound balance. our responsibility. That is our pledge intelligence for 60 days while they appeal. This measure provides the intelligence to our constituents. I urge passage of Any first year law student knows that is not community with the strong authority this legislation. how courts work. If this were a real court, the to surveil foreign terrorists who seek Mr. REYES. Madam Speaker, I yield government would be required to abide by the to harm this country and our people. myself the balance of the time. decision of the court and seek the warrant As the Speaker said, that is our respon- I just wanted to thank everyone prior to conducting surveillance. sibility, and we intend to meet it. again, as Mr. HOYER indicated. I be- It is fundamentally untrue to say that Ameri- It provides for enhanced civil lib- lieve every Member in this body cares cans will not be placed under surveillance erties protections for Americans and about our national security, and I also after this bill becomes law. The truth is, any insists on meaningful judicial scrutiny. believe that this is a good bill, a good American will subject their phone and e-mail It includes critical new oversight and compromise and is worthy of sup- conversations to the broad government sur- accountability requirements that both porting. veillance web simply by calling a son or address the President’s warrantless Mr. VAN HOLLEN. Madam Speaker, on daughter studying abroad, sending an e-mail surveillance program and ensures that March 14th I voted in favor of H.R. 3773 to a foreign relative, even calling an American any surveillance going forward com- which modernized the Foreign Intelligence company whose customer service center is lo- ports with the fourth amendment and Surveillance Act. This bill successfully updated cated overseas. will be closely monitored by the Con- the law to accommodate the current day com- Once again, our government puts a feel- gress. munications technology while at the same time good name on something that doesn’t live up Of vital importance, my colleagues, providing the much-needed protection of the to its billing. Calling the FISA rubber stamp this legislation makes clear that FISA court in sanctioning the surveillance of Ameri- panel a court is akin to the President’s ‘‘Clear is the exclusive means by which the cans. Moreover, the bill was also remarkable Skies Initiative’’ which relaxed pollution regula- government may conduct surveillance, for what it did not contain; it did not provide tions or ‘‘No Child Left Behind’’ which instead the Foreign Intelligence Surveillance retroactive immunity for telephone companies of helping schools, punishes them if they have Act. Contrary to the administration’s who are defendants in pending lawsuits. children who are, indeed, lagging behind. previous actions, in which it did not These suits have been brought to uncover the This bill sets out to reassure Americans comply with the FISA statute, this full extent of the Administration’s program to that, because there are warrants and a statute makes it very clear, this and conduct unauthorized surveillance on Ameri- ‘‘court’’, due process is taking place. But like this alone is the process through which cans. the pseudo-court, FISA warrants aren’t war- we will intercept communications, an I am deeply troubled that the Senate does rants at all. issue of great importance to the Speak- not have the votes to pass the House bill. The A warrant is permission by the court to look er, as she has said. Senate instead passed its own bill, S. 2248, for a specific thing from a specific person or Notably, this bill does not address or which was unacceptable to me from the outset group for a specific reason. The FISA warrant excuse any actions by the government because it reduced the role of the FISA Court is given after the fact and can be as broad as or government officials related to the to merely review the procedures for targeting gathering all electronic communication coming President’s warrantless surveillance surveillance subjects and minimizing the infor- into or out of a foreign country. program, nor does it include any state- mation collected. Moreover, the Senate bill es- Madam Speaker, America isn’t simply ‘guid- ment by the Congress or conclusion on tablished retroactive immunity for the phone ed’’ by our Constitution, it isn’t a set of ‘‘sug- the legality of that program. companies that have been used to carry out gestions’’ but rather, the law of the land. It is Indeed, it mandates for the first time the Administration’s illicit surveillance program. the existence of this great document and our ever a robust accounting by the Inspec- To be sure, the Senate bill is completely un- unswerving loyalty to it that makes America tors General of the warrantless surveil- acceptable. Majority Leader HOYER worked the greatest nation in the history of our planet. lance program, which Congress will re- tirelessly to improve upon the Senate bill to We can’t be sacrificing basic constitutional ceive and act on. forge an acceptable compromise. The bill be- principles like the fourth amendment simply Madam Speaker, in closing, let me fore us today, however, does not go far because it’s an election year and we want to say again, this bill is a compromise, enough to include sufficient safeguards of make it look like we’re fighting terrorism. but in my opinion, it is a compromise court involvement in the surveillance of Ameri- I join my colleagues in our unified fight to worth supporting. And the conclusions cans. Moreover, it continues to provide retro- defeat the global terrorist movement. But we drawn by editorials in the New York active immunity for those companies that car- don’t do that by sacrificing our hard-earned Times, Wall Street Journal and Wash- ried out the Administration’s unauthorized sur- Constitutional rights and forgiving telephone ington Post over the last 2 days reflect veillance. Finally, it fails to hold the Adminis- companies who knowingly violate those rights. this compromise. tration accountable for its past illicit surveil- The bottom line is, this FISA bill permits the Today, for example, the Washington lance activities and its disregard of the Fourth collection of Americans’ emails and phone Post recognized that this is a reason- Amendment protections of Americans. As a calls if they are communicating with someone able effort to strike a compromise, result, I must vote against this bill. outside of the U.S. This is especially true stating: ‘‘Striking the balance between when it comes to emails, because the World liberties and security is never easy, Ms. SPEIER. Madam Speaker, when are we Wide Web has no area codes, so it is impos- and the new FISA bill is not perfect. going to stop pulling the wool over the eyes of sible to tell where email communications origi- But it is a vast improvement over the the American people? The proposed FISA law nate from. The Government is under no obli- original law and over the earlier, protects no one other than the administration gation to seek a warrant in order to monitor an rushed attempts to revise that law.’’ and those within it who may use this new- email account unless it knows the account be- As I said at the beginning, this bill is found power to snoop and spy in areas where longs to an American. one step in a long, continuing process they have no business looking. We are giving And once your email account is swept up in of updating this critical legislation, en- broad new powers to political appointees who the system, it can be monitored. Regardless of suring that our national security and have repeatedly disregarded the Constitution the relevance of your personal information, our civil liberties are both protected. and ignored the most basic rights of Ameri- once it is gathered by the government, it is This legislation sunsets at the end of cans to live their lives without Big Brother never destroyed. One only has to recall the re- 2012, and it’s imperative that we scruti- peeking his nose into their private matters. cent incident in the State Department where nize its implementation in the future This FISA bill gives the federal government candidates’ passport information was and make any necessary changes. I be- sweeping powers to gather wide swaths of in- breached to know that this information isn’t

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\K20JN7.049 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5771 handled by robots, but people. And people Our Nation was founded on the principle of This report will review ‘‘all of the facts nec- can do any number of things with personal in- separation of powers. The executive branch essary to describe the establishment, imple- formations. should be subject to independent oversight by mentation, product, and use of the Program,’’ Out of respect to the United States Constitu- the judicial branch. This legislation does not as well as ‘‘communications with, and partici- tion and the basic rights of Americans to live go far enough to allow the judicial branch to pation of, individuals and entities in the private free of intrusive eavesdropping by their gov- conduct an independent, reasoned inquiry into sector related to the Program.’’ ernment, I strongly oppose HR 6034, the FISA this critical issue. Therefore, I must oppose I do not find equally satisfactory another as- Reauthorization Act. this legislation. pect of the bill that involves accountability— Ms. ESHOO. Madam Speaker; first I want to Mr. UDALL of Colorado. Madam Speaker, I the treatment of pending lawsuits against var- commend the Chairman and the Majority lead- will support this bill. ious telecommunication companies that acted er for the work they’ve done to bring this legis- I will do so because, as I have consistently to implement President Bush’s clandestine lation to the floor of the House. It has been a said, I do think the basic law in this area—the surveillance program. challenge for all of us on the Intelligence Com- Foreign Intelligence Surveillance Act, or Like the bills I supported earlier, this meas- mittee and in the Congress. FISA—needs to be updated to respond to ure would provide civil liability protection for This legislation is a vast improvement over changes in technology, which was the purpose private sector companies that provide lawful the previous law, and indeed over the Protect of the current, temporary law. assistance to the government in the future. America Act passed by the House last August That is why, last August, I voted for a bill But it differs significantly in the way it address- which I opposed. (H.R. 3356) to provide such an update—a bill es those pending lawsuits, which deal with the The bill very importantly establishes a proc- that was supported by a majority of the previous actions of the defendant companies. ess for electronic surveillance that includes House, but did not pass because it was con- Those lawsuits have been consolidated and prior approval by the independent courts, and sidered under a procedure that required a two- are pending in one court, but evidently have in some respects, this legislation goes even thirds vote for passage, which did not occur made little progress because of the Adminis- further than the existing FISA statute or the because of the opposition of the Bush Admin- tration’s argument, still awaiting court resolu- House-passed RESTORE Act in protecting the istration. It was supported by all but three of tion, that the suits are barred because they in- civil liberties of U.S. persons. Under this bill our Republican colleagues. volve state secrets. My understanding is that the Administration would have to seek a court That is also why I voted for another bill to the defendant companies have argued that order before conducting surveillance on U.S. update FISA—H.R. 3773, the ‘‘Responsible government’s invocation of the state-secrets persons abroad. Until now and under the Pro- Electronic Surveillance That is Overseer, Re- privilege has had the result of preventing them tect America Act, the executive branch could viewed, and Effective’’ (or RESTORE) Act— from defending themselves, although at least conduct electronic surveillance of U.S. per- which the House passed on November 15th of one company has stated in regulatory filings sons without prior judicial approval. This legis- last year. Like those bills I supported earlier, that the cases against it are without merit. lation also allows the lawsuits against the tele- this bill will replace the Protect America Act, President Bush has insisted that Congress communications companies to go forward in a enacted in August 2007—which I opposed. throw these cases out of court by giving the limited fashion, which would not have occurred The bill makes it very clear that to conduct companies retroactive immunity for whatever at all under current law. surveillance targeting a person in the United they might have done in connection with the Having said this I must oppose this bill. States, the government first must obtain an in- surveillance program, even though the Admin- Under the original structure of FISA, tele- dividual warrant from the FISA Court, based istration and the companies themselves insist communications carriers served an important upon probable cause. that those actions were lawful and that the gate-keeping function. They were not per- And, importantly, it explicitly states that plaintiffs’ complaints against the companies mitted to provide access to private commu- FISA and Title III of the U.S. criminal code are have no merit. nications in the United States unless the gov- the exclusive means by which the government Regrettably, the Senate decided to comply ernment made a lawful request to conduct sur- may conduct surveillance on American soil, with the president’s demand on this point, and veillance, pursuant to a FISA order. For dec- and adds that any future statute must ex- its version of this legislation would provide that ades, the government has sought and ob- pressly authorize surveillance if the govern- retroactive immunity. I do not think that was tained thousands of FISA warrants prior to be- ment is going to rely on it to conduct domestic the right decision because I agree with the ginning surveillance, or in urgent cases shortly surveillance. Rocky Mountain News, which in a February thereafter. We all remember the shocking It also includes new legal protections for 15th editorial said ‘‘Letting this litigation pro- news when the President had to acknowledge Americans abroad, requiring an individual ceed would not, as Bush [has] said . . .punish that his Administration created an illegal, probable cause determination by the FISA companies that want to ‘help America.’ Busi- warrantless electronic surveillance program Court when the government seeks to conduct nesses that want to help America need to be outside of the FISA legal framework. surveillance of U.S. persons located outside mindful of the Constitution—and so should the This legislation would essentially grant retro- the United States. government.’’ active immunity to telecommunications carriers It requires prior review and approval by the I supported removing that ‘‘state secret’’ who relied on statements made by this Admin- FISA Court of the targeting and minimization barrier and allowing the companies to defend istration that the program was lawful. How- procedures used to conduct surveillance of themselves by demonstrating to the court the ever, as we’ve seen in numerous instances, any foreign targets (unless in an emergency, evidence they say supports their arguments in this Administration pushed new and aggres- in which case the government may authorize a way that assures the continued security of sive interpretations of the law, including in this the surveillance and then apply to the FISA that evidence and that avoids the public dis- area. We all recall vividly the days following Court for approval within 7 days), and requires closure the Administration says would be ad- 9⁄11, and the urgency that prevailed, but sus- that this surveillance be conducted in accord- verse to the national interest. This is a proc- pending our laws and allowing the Attorney ance with the Fourth Amendment. And it re- ess that has worked well in criminal cases, General to unilaterally issue a ‘‘get out of jail quires the government to establish guidelines and while I am certainly not an expert on the free card’’ is not appropriate under any cir- to ensure that Americans are not targeted by matter, I think it can work when applied to cumstances. There should be at least some this surveillance (‘‘reverse targeting guide- these civil cases. minimal inquiry into whether the telecommuni- lines’’), and requires the government to pro- In that respect, this bill is similar to the leg- cations carriers reliance on the statements vide those reverse targeting guidelines to Con- islation I supported earlier this year. But it is made by this Administration was reasonable. If gress and the FISA Court. not identical, and I do not think it is quite as so, the they would be able to assert their ex- The legislation also includes important provi- sound. isting statutory immunity defenses. sions to increase transparency and account- Under this bill, a district court hearing such Throughout our Nation’s history, the judici- ability. For example, it requires there be a a case will decide whether the Attorney Gen- ary has been the most important check on an comprehensive review of the President’s eral’s certification attesting that the liability overzealous executive, and it is often through warrantless surveillance program by the In- protection standard has been met and is sup- the judicial process that we uncover and rem- spectors General of the Justice Department, ported by substantial evidence. In making that edy some of the most egregious executive the Directorate of National Intelligence, the determination, the court will have the oppor- misconduct. This legislation undermines and National Security Agency, and the Defense tunity to examine the highly classified letters to effectively nullifies the courts’ ability to hold Department—and it provides for them to report the providers that indicated the President had the Administration accountable for its actions, the results to the Intelligence and Judiciary authorized the activity and that it had been de- which likely violated the Constitution. Committees. termined to be lawful.

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\A20JN7.051 H20JNPT1 jbell on PROD1PC69 with HOUSE H5772 CONGRESSIONAL RECORD — HOUSE June 20, 2008 That is not as strong a requirement for ac- Administration provided written assurance that bill passed by the Senate and an immense im- countability as I would prefer. However, in their activities were legal. There is no immu- provement over the Bush administration’s pro- such cases both plaintiffs and defendants will nity for any government official who may have gram, neither of which took sufficient steps to have the opportunity to file public briefs on violated the law included in this legislation. protect Americans’ civil liberties. I know that legal issues and the court should include in This bill is much stronger than the Senate the Democratic leadership negotiated a good any public order a description of the legal version, and will protect both our security and compromise, and I will support it. However, as standards that govern the order. the civil liberties that we enjoy. I support the I have said before, this legislation will only And, importantly, this immunity provision passage of H.R. 6304, FISA Amendments Act, work if everyone involved follows the rules and does not apply to any actions against the Gov- and I urge my colleagues to vote in favor of remains within the confines of the law. Con- ernment for any alleged injuries caused by this bipartisan measure as well. gress must continue to conduct robust over- government officials. Mr. LANGEVIN. Madam Speaker, I rise in sight to make sure the law is implemented as Madam Speaker, as Benjamin Franklin has support of the FISA Amendments Act of 2008. intended to maintain the critical and fragile warned us, people who value security over lib- As a member of the Intelligence Committee, I balance of protecting our Nation and pro- erty will get neither—and the Bush Administra- know we must give our intelligence community tecting civil liberties. tion has finally agreed to end its disregard for the proper tools to protect us while upholding Mr. LEVIN. Madam Speaker, I rise in oppo- liberty and agree to effective judicial oversight the civil liberties of Americans. Today’s com- sition to the bill. I appreciate the hard work and involvement in intelligence surveillance. promise illustrates what this House can do that Mr. HOYER and others have done on this That agreement that is embodied in this bill, when it deliberates with care, holds steady legislation. The bill before the House is a vast and the choice before us now is whether to re- against fear-mongering, and acts in the best improvement over the administration’s Protect ject it or to support the compromise measure interest of the country and its citizens. America Act, which I strongly opposed last Au- now before us. This bill is strong on civil liberties, and in- gust. The legislation is also a significant im- After careful review, I have concluded that cludes protections against infringement of our provement over the seriously flawed FISA leg- the bill adequately meets the test of protecting Constitutional right to privacy. islation approved by the Senate earlier this civil liberties while giving our country tools First, the bill clarifies that FISA is the exclu- year. In many respects, the bill before the needed to effectively combat terrorism. sive means by which the executive branch House strikes a reasonable balance between So, while—like any compromise—the bill is may conduct electronic surveillance on U.S. giving the Government the tools it needs to not ideal, I have decided the correct deci- soil. No President will have the power to do an protect U.S. national security and protecting sion—the one that will fulfill my responsibility end-run around the legal requirements of Americans’ constitutional rights. to protect both our national security and the FISA. This provision will prevent the types of In particular, I am pleased that the bill reaf- civil liberties that make our nation worth de- abuses we have witnessed under this adminis- firms that the Foreign Intelligence Surveillance fending—is to vote for it. tration. Act is the exclusive legal means by which the Mr. ETHERIDGE. Madam Speaker, I rise in Second, this Act requires a warrant from the Government may conduct surveillance. This support of H.R. 6304, FISA Amendments Act. FISA court to conduct surveillance of Ameri- stands in stark contrast to the Bush adminis- This bipartisan bill takes steps to increase our cans abroad. Americans will no longer leave tration’s warrantless surveillance program. I Nation’s security while also protecting Ameri- their constitutional protections at home when also support the provisions of this bill that pro- cans’ civil liberties. working, studying, or traveling abroad. tect Americans traveling abroad. They need H.R. 6304, FISA Amendments Act, provides Third, it requires prior approval by the FISA no longer leave their constitutional protections the critical tools that our intelligence commu- court of procedures the Government will use at home. nity needs to ensure the safety of our Nation. when carrying out foreign electronic surveil- At the end of the day, I oppose this bill be- With many surveillance warrants set to expire lance. This will ensure that the Government’s cause of the provisions that would confer ret- in the coming weeks, the intelligence commu- efforts are not aimed at targeting Americans, roactive immunity on the telecommunications nity needs a strong and dependable set of and that, if an American’s communication is companies that participated in the Bush ad- guidelines to follow while conducting surveil- inadvertently intercepted, it is dealt with in a ministration’s warrantless surveillance pro- lance. H.R. 6304 allows the Government to manner that guarantees legal protections. gram. We are a nation of laws, and it sets a authorize surveillance in the case of an emer- One issue that has been repeatedly ad- dangerous precedent for Congress to approve gency situation, provided that they return to dressed is whether telecommunications com- a law that dismisses ongoing court cases sim- the FISA court within 7 days to apply for a panies should be granted immunity against ply on the basis that the companies can show warrant. pending lawsuits for their involvement in the that the administration told them that its This bill also includes a number of provi- earlier surveillance program. For a long period warrantless surveillance program was legal. A sions that significantly strengthen the protec- of time, the Bush Administration stonewalled program is not legal just because the adminis- tion of our civil rights. H.R. 6304 clarifies that and did not provide Congress the documents tration claims that it is. The retroactive immu- FISA is the exclusive means for conducting we demanded to ascertain the role that the nity provisions in this bill shield the administra- surveillance in the United States, prohibiting telecommunications companies played. Since tion from accountability for its actions. The any President from using executive power to then, I have reviewed a large number of clas- goal here is not to harm the telecommuni- conduct a warrantless wiretapping program. sified documents on this matter, and I am cations carriers, but rather to get to the truth This bill also requires the Government to ob- deeply concerned about the manner in which of what happened. A much better alternative tain an individual warrant from the FISA Court the Bush administration conducted its surveil- would be to grant indemnification to the com- before conducting surveillance on a United lance program. Therefore, I am pleased that panies and go forward with the trials. States citizen. This warrant must be based on this legislation preserves a role for the U.S. Irrespective of the outcome of today’s vote, probable cause, and the provision now in- court system, which will review the documents we need a full accounting of the administra- cludes American citizens abroad as well. H.R. produced by the White House and other rel- tion’s surveillance program, and the bill before 6304 requires prior review and approval of the evant documents to decide independently the House provides for an Inspectors General intelligence community’s targeting and mini- whether the telecommunications companies audit describing all Federal programs involving mization procedures that ensure that any inad- acted in good faith when cooperating with the warrantless surveillance conducted since Sep- vertently intercepted communications by Government. Only after that review would the tember 11, 2001. The audit is to be completed American citizens are destroyed. Finally, the courts decide whether the telecommunications within 1 year. Congress must get to the bot- FISA Amendments Act adds a strong layer of companies deserve any form of liability protec- tom of what happened and prevent it from oversight to this process by directing the In- tion. Furthermore, the legislation authorizes a happening again. It is essential that Congress spectors General from Justice, State, Defense, joint investigation by the Inspectors General follow up on the audit’s findings with robust the DNI, and NSA to review surveillance pro- from the U.S. Department of Justice, National oversight. cedures and submit their findings to Congress. Security Agency, Department of Defense, and Mr. DINGELL. Madam Speaker, while l can- H.R. 6304 rejects blanket immunity for tele- Office of the Director of National Intelligence not support the legislation before us today, I communications companies that may have to review the past actions of the U.S. Govern- commend Majority Leader HOYER for the work participated in the administration’s warrantless ment and report to Congress on their findings he has done to negotiate a bill that is substan- wiretapping program. Under this bill, lawsuits so that we may take appropriate action. tially better than the version that passed in the against these companies would be determined Many today have said that the legislation Senate. This legislation, which will be the ex- by Federal district courts. These telecommuni- before us is not a perfect bill, and I agree. clusive mechanism for the Government to con- cations companies will have to prove that the Nevertheless, it is significantly better than the duct surveillance within the United States,

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 9920 E:\CR\FM\A20JN7.055 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5773 contains provisions that will provide greater For the past seven years I have been highly AT&T’s alleged actions here violate the protections against unwarranted and unconsti- critical of Republican wiretapping legislation. I constitutional rights clearly established in tutional searches of American citizens. voted against past efforts to expand this ad- [the] Keith decision. Moreover, because ‘the very action in question has previously been Despite the many improvements Mr. HOYER ministration’s ability to intrude in the lives of held unlawful,’ AT&T cannot seriously con- was able to obtain, I unfortunately still cannot unknowing and innocent Americans. I sup- tend that a reasonable entity in its position support this legislation because it contains a ported the expiration of the disgraceful Protect could have believed that the alleged domes- provision that will grant immunity to the tele- America Act. And I remain confident that the tic dragnet was legal. communications companies that assisted the dedicated members of the intelligence commu- I would hope that the courts will find that, President with his illegal and unauthorized nity do not need to violate the rights of Ameri- because the Constitutional rights of Americans warrantless wiretapping program. I have con- cans in order to protect them. have been violated, Congress’ attempt to pre- sistently said that it is not appropriate for Con- I have heard some say that the enemies of vent court review is unconstitutional. gress to grant these companies immunity for America take on many forms. To them I say: The bill also reiterates than FISA and speci- their actions without having an understanding Let us be sure one of those forms is not our fied other statutes are the exclusive legal au- of what it is that they did. This is not only be- own government. thority for electronic surveillance. The Act has cause it will hold the telecommunications com- Ultimately this is a compromise that falls always said that. This bill adds some new panies accountable for their actions, but be- short. Any gains in security that may be mechanisms to ensure that any future legisla- cause it is the only way of finding out just how achieved are temporary and are more than tion may not be read to override this exclu- extensive the President’s illegal wiretapping outweighed by the longer-term loss of civil lib- sivity by implication, but only by explicitly say- program really was. In other words, this provi- erties and oversight. Although this bill is com- ing that that is its purpose. sion will enable the Bush administration to paratively better than the Senate’s version, I No one and no court should draw the false continue suppressing facts and information am troubled by the lack of robust government conclusion that we are thereby implying that about the Government’s own misbehavior and oversight, the absence of meaningful court re- the exclusivity provision was, or could have wrongdoing. view, and the risk to American liberties. been, overridden either by the President’s The immunity provision contained in this bill Of particular concern is the granting of de claim of inherent authority under Article II of purporting to allow for judicial review to deter- facto retroactive immunity to the telecommuni- the Constitution, or by the Authorization for the mine whether immunity is appropriate is a cations companies that cooperated with the Use of Military Force of 2001. This bill does sham. As drafted, courts will have no real dis- not say or imply that. If there is any doubt of cretion and will be forced to grant immunity so administration. A ‘doctor’s note’ from the Attor- this point, the blanket immunity provisions of long as the Government claims its actions ney General cannot be allowed to circumvent this bill reflect Congress’ understanding that were legal. However, the court is under no ob- the entire judicial process. I am equally concerned with the timeline of this domestic spying was not legal. If it were, ligation to investigate whether the Govern- this bill, and strongly oppose authorizing this ment’s claims are true. Anyone following the there would not be any necessity for these headlines recently, who has read about the re- legislation for four years. This will extend the provisions. This bill abandons the Constitution’s protec- cent Supreme Court decision overturning the Bush legacy throughout the next administra- tions and insulates lawless behavior from legal administration’s argument that it has the au- tion and the next two sessions of Congress. Frankly I see no reason to rush into a com- scrutiny. thority to detain people indefinitely in Guanta- I urge a ‘‘no’’ vote. namo Bay, or about the hearings held by Sen- promise that comes up this short. The Amer- ican people would be better served if we con- Mr. BOSWELL. Madam Speaker, I rise in ator CARL LEVIN and the Senate Armed Serv- support of H.R. 6304. ices Committee uncovering evidence that top tinued to debate this issue and took up a bill after we have seen the last of this administra- This is the kind of work I came to Congress civilian leadership at the Department of De- hoping for—bipartisan legislation that protects fense authored memos arguing it was legal for tion. Americans demand and deserve protec- tion of their basic civil rights and this can be our security and our liberty. It’s a solid com- the military to torture detainees, should be ex- promise that does what it needs to do for the tremely wary of trusting President Bush to de- accomplished while providing the means nec- essary for our intelligence community to do its country. cide whether or not it is legal to spy on Ameri- One of my specific concerns in FISA reform cans. job. Mr. NADLER. Madam Speaker, Members of over the last year has been finding a way to Mr. HALL of New York. I have consistently protect reasonable private companies, who as- supported modernizing the existing FISA law the House must decide today whether to up- hold the rule of low and the supremacy of the sisted government out of patriotism. to give our Government the tools it needs to This bill does that. It doesn’t give anyone a Constitution or whether to protect and reward identify and defeat terrorists in today’s high- free pass, but it allows companies to come be- the lawless behavior of the administration and tech world, while at the same time preserving fore the courts and make their case in order of the telecommunications companies that par- the freedoms and rights that define America. I to be protected from lawsuits. have voted three times to pass legislation that ticipated in its clearly illegal program of spying That’s a good result, and I thank Chairman on innocent Americans. would strengthen and modernize FISA and re- REYES for his work in reaching this reasonable This bill limits the courts hearing lawsuits al- affirm the rule of law. Despite some improve- bipartisan compromise. ments over previous attempts to update FISA, leging illegal wiretapping to consider only I urge my colleagues to vote ‘‘yes.’’ the bill considered by the House today regret- whether the telecom companies received a Ms. GINNY BROWN-WAITE of Florida. tably falls short of achieving that critical bal- ‘‘written request or directive . . . indicating Madam Speaker, I rise today in support of ance. The rule of law lies at the core of Amer- that the activity was [ ] authorized by the H.R. 6304, a bill to reauthorize the Foreign In- ica’s founding principles, and the language in President; and [ ] determined to be lawful’’— telligence Surveillance Act and to protect this bill was too weak to ensue that any not whether the request was actually lawful or America from foreign threats. breach of our laws that may have occurred whether the telecom companies knew that it For the past several months, I have heard under the warrantless wiretapping program will was unlawful. from hundreds of constituents on the issue of be fully addressed. It is not appropriate to The bill is a fig-leaf, granting blanket immu- FISA. deny Americans the right to pursue these mat- nity to the telecom companies for illegal acts Each one of them expressed their alarm ters in court, or to short-circuit the judicial re- without allowing the courts to consider the and disbelief that the House Majority would re- view that lies at the heart of our system of facts or the law. It denies people whose rights peatedly refuse to call a vote on bipartisan checks and balances, which is the bedrock of were violated their fair day in court, and it de- legislation to extend FISA and address our our Constitution. Accordingly, I voted against nies the American people their right to have grave vulnerability to terrorist attacks. this bill. the actions of the administration subjected to Today I am pleased that the Majority leader- Mr. BLUMENAUER. Madam Speaker, I ap- fair and independent scrutiny. ship has finally reached across the aisle to put preciate the hard work put in by my col- Even the courts’ limited review will remain together a compromise bill, and fulfill one of its leagues on both sides of the aisle and in both secret. The lawsuits will be dismissed, but the fundamental tasks—to ensure the security of chambers. For the past year we’ve partici- basis for the dismissal—that the defendants this great Nation. pated in substantial and sometimes heated were innocent of misconduct, or that they This compromise is also a reminder of what debate on the issue of surveillance and for- were guilty but Congress commands their im- I have always believed, that no one side can eign intelligence. I appreciate the good faith munity—must remain secret. do it alone; both parties must work together to efforts of our leadership, particularly Mr. And the constitutionality of the immunity ensure our safety. HOYER, as we try to craft legislation that keeps granted by this bill is very questionable. As In such uncertain times, when it is essential both our liberties and our persons safe. Judge Walker put it in the AT&T case: that our government utilize every available tool

VerDate Aug 31 2005 03:00 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 9920 E:\CR\FM\A20JN7.062 H20JNPT1 jbell on PROD1PC69 with HOUSE H5774 CONGRESSIONAL RECORD — HOUSE June 20, 2008 to protect American citizens, having the ability McCaul (TX) Pryce (OH) Skelton b 1248 to collect intelligence responsibly is essential. McCotter Putnam Smith (NE) McCrery Radanovich Smith (NJ) Mr. FRANK of Massachusetts, Mr. While there is no excuse for the delay in McHenry Rahall Smith (TX) JEFFERSON, Mrs. CAPPS and Ms. bringing this critical bill to the floor, we must McHugh Ramstad Smith (WA) McIntyre Regula KAPTUR changed their vote from now move forward together to pass H.R. 6304 Snyder McKeon Rehberg Souder ‘‘yea’’ to ‘‘nay.’’ and restore our Nation’s intelligence capabili- McMorris Reichert Space Mr. BERMAN changed his vote from Rodgers Renzi ties. Spratt ‘‘nay’’ to ‘‘yea.’’ McNerney Reyes Mr. REYES. Madam Speaker, I yield Stearns Meeks (NY) Richardson So the bill was passed. back the remainder of our time. Melancon Rodriguez Stupak The result of the vote was announced Sullivan The SPEAKER pro tempore. All time Mica Rogers (AL) as above recorded. for debate has expired. Miller (FL) Rogers (KY) Tancredo Miller (MI) Rogers (MI) Tanner A motion to reconsider was laid on Pursuant to House Resolution 1285, Tauscher the bill is considered read and the pre- Miller, Gary Rohrabacher the table. Mitchell Ros-Lehtinen Taylor Stated against: vious question is ordered. Moore (KS) Roskam Terry The question is on the engrossment Moran (KS) Ross Thompson (MS) Mr. VISCLOSKY. Madam Speaker, had I and third reading of the bill. Murphy, Patrick Royce Thornberry been present for rollcall 437, H.R. 6304, on The bill was ordered to be engrossed Murphy, Tim Ruppersberger Tiberi passage of a measure to amend the Foreign and read a third time, and was read the Murtha Ryan (WI) Turner Intelligence Surveillance Act of 1978 to estab- third time. Musgrave Salazar Udall (CO) Myrick Sali Upton lish a procedure for authorizing certain acqui- The SPEAKER pro tempore. The Neugebauer Saxton Walberg sitions of foreign intelligence, and for other question is on the passage of the bill. Nunes Scalise Walden (OR) purposes, I would have voted ‘‘nay.’’ Ortiz The question was taken; and the Schiff Walsh (NY) Pearce Schmidt Speaker pro tempore announced that Wamp Pelosi Scott (GA) f Weldon (FL) the ayes appeared to have it. Pence Sensenbrenner Mr. CONYERS. Madam Speaker, on Perlmutter Sessions Westmoreland that I demand the yeas and nays. Peterson (MN) Sestak Whitfield (KY) REMOVAL OF NAME OF MEMBER Wilson (NM) The yeas and nays were ordered. Petri Shadegg AS COSPONSOR OF H.R. 3192 Pickering Shays Wilson (OH) The vote was taken by electronic de- Pitts Sherman Wilson (SC) Ms. ZOE LOFGREN of California. Mr. vice, and there were—yeas 293, nays Platts Shimkus Wittman (VA) Speaker, I ask unanimous consent that 129, not voting 13, as follows: Poe Shuler Wolf my name be removed as a cosponsor of Pomeroy Shuster Yarmuth [Roll No. 437] Porter Simpson Young (AK) H.R. 3192. YEAS—293 Price (GA) Sires Young (FL) The SPEAKER pro tempore (Mr. ARCURI). Is there objection to the re- Ackerman Cleaver Green, Gene NAYS—129 Aderholt Clyburn Gutierrez quest of the gentlewoman from Cali- Abercrombie Holt Oberstar Akin Coble Hall (TX) Allen Honda Obey fornia? Alexander Cole (OK) Harman Andrews Hooley Olver There was no objection. Altmire Conaway Hastings (FL) Baldwin Inslee Pallone Arcuri Cooper Hastings (WA) Becerra Israel Pascrell Baca Costa Hayes Blumenauer Jackson (IL) Pastor f Bachmann Cramer Heller Brady (PA) Jackson-Lee Payne Bachus Crenshaw Hensarling Braley (IA) (TX) Price (NC) Baird Crowley Herger Capps Jefferson Rangel REMOVAL OF NAME OF MEMBER Barrett (SC) Cubin Herseth Sandlin Capuano Johnson (GA) Rothman AS COSPONSOR OF H.R. 6041 Barrow Cuellar Higgins Carnahan Johnson (IL) Roybal-Allard Bartlett (MD) Culberson Hinojosa Carson Johnson, E. B. Ryan (OH) Mr. BRADY of Texas. Mr. Speaker, I Barton (TX) Davis (AL) Hobson Clarke Jones (OH) Sa´ nchez, Linda seek unanimous consent to remove my Bean Davis (KY) Hoekstra Clay Kagen T. Berkley Davis, David Holden name as a cosponsor of H.R. 6041. Cohen Kaptur Sanchez, Loretta Berman Davis, Lincoln Hoyer The SPEAKER pro tempore. Is there Conyers Kennedy Sarbanes Berry Davis, Tom Hulshof Costello Kilpatrick Schakowsky objection to the request of the gen- Biggert Deal (GA) Hunter Courtney Kucinich Schwartz tleman from Texas? Bilbray Dent Inglis (SC) Cummings Larsen (WA) Scott (VA) Bilirakis Diaz-Balart, L. Issa There was no objection. Davis (CA) Larson (CT) Serrano Bishop (GA) Diaz-Balart, M. Johnson, Sam Davis (IL) Lee Shea-Porter Bishop (NY) Dicks Jordan DeFazio Levin Slaughter f Bishop (UT) Donnelly Kanjorski DeGette Lewis (GA) Solis Blackburn Doolittle Keller Delahunt Loebsack Speier Blunt Drake Kildee DeLauro Lofgren, Zoe Sutton LEGISLATIVE PROGRAM Boehner Dreier Kind Dingell Lynch Thompson (CA) Bonner Duncan King (IA) Doggett Maloney (NY) Tierney (Mr. BLUNT asked and was given Bono Mack Edwards (TX) King (NY) Doyle Markey Towns permission to address the House for 1 Boozman Ehlers Kingston Edwards (MD) Matsui Tsongas Boren Ellsworth Kirk minute.) Ellison McCollum (MN) Udall (NM) Boswell Emanuel Klein (FL) Mr. BLUNT. Mr. Speaker, I yield to Eshoo McDermott Van Hollen Boucher Emerson Kline (MN) Farr McGovern Vela´ zquez my good friend from Maryland, the ma- Boustany Engel Knollenberg Fattah McNulty Walz (MN) jority leader, for information about Boyd (FL) English (PA) Kuhl (NY) Filner Meek (FL) Wasserman Boyda (KS) Etheridge LaHood next week’s schedule. Foster Michaud Schultz Brady (TX) Everett Lamborn Frank (MA) Miller (NC) Waters Mr. HOYER. I thank the Republican Broun (GA) Fallin Lampson Gonzalez Miller, George Watson whip for yielding. Brown (SC) Feeney Langevin Grijalva Mollohan Watt Brown, Corrine Ferguson Latham On Monday, the House will meet at Hall (NY) Moore (WI) Waxman Buchanan Flake LaTourette 12:30 p.m. for morning hour and 2 p.m. Hare Moran (VA) Weiner Burgess Forbes Latta Hill Murphy (CT) Welch (VT) for legislative business with votes post- Burton (IN) Fortenberry Lewis (CA) Hinchey Nadler Wexler poned until 6:30 p.m. Butterfield Fossella Lewis (KY) Hirono Napolitano Woolsey Buyer Foxx Linder On Tuesday, Mr. Speaker, the House Hodes Neal (MA) Wu Calvert Franks (AZ) Lipinski will meet at 9 a.m. for morning hour Camp (MI) Frelinghuysen LoBiondo NOT VOTING—13 and 10 a.m. for legislative business. Campbell (CA) Gallegly Lowey Cantor Garrett (NJ) Lucas Brown-Waite, Jones (NC) Stark Mr. Speaker, we will consider several Capito Gerlach Lungren, Daniel Ginny Paul Tiahrt bills under suspension of the rules, in- Cardoza Giffords E. Cannon Peterson (PA) Visclosky cluding a bill to address cuts in Medi- Carney Gillibrand Mack Gilchrest Reynolds Weller Carter Gingrey Mahoney (FL) Gohmert Rush care physician rates. I will reiterate Castle Goode Manzullo that. We will have a suspension bill on Castor Goodlatte Marchant ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Medicare physician rates. Cazayoux Gordon Marshall The SPEAKER pro tempore (during The complete list of suspension bills Chabot Granger Matheson Chandler Graves McCarthy (CA) the vote). There are 2 minutes remain- will be announced by the close of busi- Childers Green, Al McCarthy (NY) ing in this vote. ness today.

VerDate Aug 31 2005 03:13 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.047 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5775 In addition, we will consider H.R. Sixkiller on my staff for the work they GRASSLEY was involved in those con- 5876, the Stop Child Abuse in Residen- did, as we worked with all of the indi- versations. tial Programs for Teens Act; H.R. 6275, viduals and committees who are in- In any event, they determined that the Alternative Minimum Tax Relief volved in the jurisdictional matters they needed to come up with legisla- Act of 2008; H.R. 3195, the Americans here. tion for the House to vote on to provide with Disabilities Restoration Act; two So I thank you for your kind words for reimbursement. They’re working on bills dealing with Michigan Indian and I thank you for your efforts. I that now. I expect it to be filed today, Land Claim Settlements, H.R. 4415 and think that the product that we pro- if possible. H.R. 2176. duced is a product that will be good for Mr. BLUNT. We’ve known that we And we also anticipate considering the country. And I’m hopeful, as you were going to face this deadline for important energy-related legislation are, that the Senate will pass it next about 8 months now or for at least 6 including H.R. 6052, the Saving Energy week and send it to the President for months now. Through Public Transportation Act of his signature. As to the process there of going through suspension, I would just tell 2008. b 1300 And I yield. my friend that I think, on a suspension Mr. BLUNT. I thank my friend for Mr. BLUNT. Well, I thank the gen- bill, if this has Medicaid cuts that hurt that information. tleman, and I certainly share his com- rural communities or that hurt minor- I’m looking here at what we’re going ments on our two principal staffers ity seniors, as we believe some of the to be talking about. I will have some who have spent so much time on this. cuts in the CHAMP bill did, I would be questions about that. But one of the things in this process prepared for this bill to fail on suspen- Before I get to that, I would like to that I was deeply appreciative of, and sion. It might pass with a rule. I congratulate my friend on the great that you mentioned in your remarks wouldn’t know about that, but I would work he did on the legislation we today, was how great the entire staff give some prediction here that a sus- passed both yesterday and today. Par- was in coming together on very tech- pension bill that does those things as ticularly the legislation today took a nical issues where every single word pay-fors to appropriately see that phy- tremendous amount of effort on the mattered. The staff on both sides of the sicians are reimbursed but then to have majority leader’s part to get that legis- aisle were in those rooms you and I a big debate on the House floor as to lation to the floor. I’m hopeful that the were in—and many times we were not whether or not seniors—minority sen- Senate, before we leave for the Fourth in the room—when they were working iors and rural seniors—are dispropor- of July, will pass this and get it to the out the last technicalities of which tionately impacted would, in my opin- President’s desk. word was the best word. With all of ion, lead to at least a veto-sustaining I’m convinced that the country will those involved, it made a big difference number on our side. be significantly safer because of the here as they do so often, but this is one I’d yield. tools we’ve given the intelligence com- of those moments where exactly what Mr. HOYER. I thank the gentleman. munity. But I’m also convinced that is done makes a big difference in both Obviously, we realize that there is we have done a lot to structure this how we secure our country and in how that possibility. We hope that does not process in a way that not only protects we secure our liberties. I’m grateful to occur, but we are very interested in individual rights, but also requires the the staff for that. getting a bill in light of the fact this government to be more forthcoming On the Medicare bill that would come will not be until probably next Tues- with its rules and regulations. And to the floor under suspension, as I be- day. I’m sure it will not be until next both the leader and his staff did a great lieve I understood your announcement Tuesday that we vote on this. We need job on this. And I know personally be- on Medicare physician rates, when to get that bill to the Senate because cause we’ve worked together on it, and would that bill be available? Will it be we know they’ve had great difficulty spent days, hours and weeks trying to available? passing a bill. I’m not sure whether get to a bill that would come to the Mr. HOYER. If the gentleman will they’ll be in next Friday as well or on floor that would have a significant vote yield. Saturday of next week, but we simply from the majority side. And virtually The committee is working on that believe that it needs to pass as quickly every Republican at the end of the day now. As the gentleman knows, we dis- as possible, but we do realize the risk. was able to be there, as we have been cuss this problem all the time. Of Mr. BLUNT. Well, to make the point, on these bills generally. course, we had passed a Medicare phy- I’m not sure in my statement there But I am grateful to you, and I will sicians’ reimbursement bill which pre- that I mentioned a veto-sustaining ma- just point out that while we almost got cluded the 10 percent cut from going jority. I’ll just point out, if we had that a majority of the majority voting for into effect, and it provided for a mod- veto-sustaining number, rather, it this, there wasn’t a majority of the est increase in the reimbursement would also mean that the bill wouldn’t majority. And that makes it harder for rates to physicians. We passed that, of pass and that it would fail on suspen- a leader. And that can be easily over- course, as you know, approximately, sion. looked. But this is something where maybe, a little over a year ago. The Mr. HOYER. It would fail on suspen- you had to work hard to do what you Senate did not include it in the SCHIP sion. thought was the right thing for the bill, of which the SCHIP was a part of Mr. BLUNT. So I’m certainly hoping country. And I’m grateful to you for it. the CHAMP bill. The only thing they that we deal with this important issue Mr. HOYER. I want to thank you for passed was SCHIP, and they indicated of physician reimbursement. I wish we your very generous remarks. I also to us at that point in time that they could have done it with a bill that want to thank you for not only work- would certainly pass the Medicare re- would have been developed sometime ing on this particular piece of legisla- imbursement. That has not yet hap- in the last 6 months, but we have some tion with me and with others, but also pened. concern about that and, I think, appro- for the spirit that you bring to trying Unfortunately, the failure of that to priately so. to work together if that’s possible happen has now put us in a position We have a number of physicians on within the context of reaching a com- where we are facing the June 30 expira- our side who understand this process promise, again, if that is possible. So I tion date of the authorization and, much better than I do, and I think it’s thank you very much. therefore, the 10 percent reduction. very important that we try to involve Also I want to say that while you and Late yesterday, it was apparent that them in this process. We’ve actually I worked very hard together, I think the Senate would not be able to reach got a number of proposals on our side, both of us would say that Mariah a compromise or at least it had not as you very well may have, too, none of Sixkiller and Brian Diffell probably with Chairman RANGEL and Chairman which I’ve seen in any kind of legisla- worked more together and longer and DINGELL after discussions—and I don’t tive form. harder than we did. And I want to know how long those discussions I’d yield. thank Brian on your staff for the work took—yesterday with Chairman BACH- Mr. HOYER. I thank the gentleman that he did, and of course, Mariah US, and I don’t know whether Senator for yielding.

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.052 H20JNPT1 jbell on PROD1PC69 with HOUSE H5776 CONGRESSIONAL RECORD — HOUSE June 20, 2008 We all agree that this should have Energy will continue to be an impor- ANNOUNCEMENT BY THE SPEAKER been done earlier. At least all of us in tant focus of our discussion of what we PRO TEMPORE this body agree that it should have think should be on the floor. We look The SPEAKER pro tempore. The been done earlier. Frankly, I presume forward to seeing an energy bill on the Chair will remind all persons in the that everybody in the other body floor with a rule, and I would encour- gallery that they are here as guests of agrees that it should have been done age the majority to bring every energy the House and that any manifestation earlier. bill that we’re trying to discharge of approval or disapproval of pro- The problem has been, as you well right now to the floor as soon as pos- ceedings or other audible conversation know, the failure to get agreement and sible. is in violation of the rules of the to get 60 votes in the Senate to allow f House. almost any alternative to go forward. Obviously, we passed a bill that had ADJOURNMENT TO MONDAY, f pay-fors in it, which is what you’re JUNE 23, 2008 COMMUTER ACT OF 2008 talking about, some of which were un- Mr. HOYER. Mr. Speaker, I ask (Mr. KIRK asked and was given per- acceptable to many on your side and to unanimous consent that when the mission to address the House for 1 some on our side. House adjourns today, it adjourn to minute and to revise and extend his re- Whatever we offer is going to be paid meet at 12:30 p.m. on Monday next for marks.) for. Mr. DINGELL and Mr. RANGEL, in morning-hour debate. Mr. KIRK. As gas prices rise, an ef- particular, and his committee are The SPEAKER pro tempore. Is there fective way to offer relief is to provide working on that as we speak to see objection to the request of the gen- incentives for commuter rail. Com- what they can fashion, and we hope tleman from Maryland? muter rail saves America 4 million gal- that the two-thirds majority necessary There was no objection. lons of gas a day and saves each indi- to pass a suspension bill will be there— f vidual commuter over $1,600 a year. we’ll see—but we’ll be working on this DISPENSING WITH CALENDAR Next week, the Speaker will bring up next week. legislation that will offer only Federal Mr. BLUNT. My belief is that is WEDNESDAY BUSINESS ON WEDNESDAY NEXT employees transit benefits. I support largely not going to be dependent on expanding the current Federal transit the issue that solves the problem for Mr. HOYER. Mr. Speaker, I ask program, and believe that all Ameri- physicians but on how that problem is unanimous consent that the business cans should have the opportunity to solved. Of course, if two-thirds of the in order under the Calendar Wednesday have this relief at the pumps. Members are not prepared to do it that rule be dispensed with on Wednesday A month ago, I introduced bipartisan way, that will not have gained any next. legislation, the Creating Opportunities time. It will actually have lost time. The SPEAKER pro tempore. Is there to Motivate Mass-transit Utilization We’ll continue to talk, if you want to, objection to the request of the gen- To Encourage Ridership, or the COM- on that. tleman from Maryland? MUTER Act of 2008. I notice there is also a bill on energy There was no objection. Our legislation offers employers a 50 that is potentially to be considered, f percent tax credit if they provide tran- and I wonder if that bill would be con- sit benefits to their employees. Accord- sidered under a rule, and I would hope GAS PRICES: AN ENERGY AND ECONOMIC CRISIS ing to Forbes Magazine, the average that it would be. gasoline cost in the 10 worst commuter I’d yield. (Mr. BURTON of Indiana asked and cities is over $6 a day. Should busi- Mr. HOYER. The answer to your was given permission to address the question is we do intend to consider nesses take advantage of this, we House for 1 minute and to revise and would lower our gas bills, but it should that bill under a rule. extend his remarks.) Mr. BLUNT. I thank the gentleman be offered to more than people with a Mr. BURTON of Indiana. Well, Mr. Federal job. for that. Speaker, another week has gone by, As for the ADA update on the Ameri- f and the American people are paying cans with Disabilities Act Restoration, over $4 a gallon for gasoline, and it’s THE NEED FOR AMERICAN-MADE I, personally, anticipate I’ll be working going up because we’re getting into va- ENERGY with you to pass that, and I look for- cation time. And we’re going home. ward to seeing that on the House floor. (Mr. SHIMKUS asked and was given I’d yield. We’re leaving this body. This Congress, permission to address the House for 1 Mr. HOYER. I thank the gentleman our majority party, hasn’t done one minute and to revise and extend his re- for mentioning that. thing or hasn’t even made an attempt marks.) As you know, I was the sponsor and to lower the gas prices in this country. Mr. SHIMKUS. Mr. Speaker, I got a principal manager of the Americans We have the oil here in America. We letter from a constituent from with Disabilities Act when it passed. have it off the Outer Continental Shelf Centralia, Illinois. He calls it Oper- Some of your Members don’t remember and in Alaska at the ANWR. We have ation Drill Bit. He says, ‘‘Here’s the him, but he was a great Member of this coal shale. We can develop it. We can problem. I’m tired of high gas prices. body: Steve Bartlett, from Texas, who get oil to the market within 2 or 3 I’m tired of watching you borrow ended up being the Mayor of Dallas and years if we could lower the price of oil money from the Chinese to buy oil who is a good friend of mine, has been immediately once we address the issue from the Saudis. Here’s the solution. working very hard on this as we at- because competition around the world It’s time to drill for our own supply of tempt to restore it to what we thought will see we’re going to drill for oil, and oil no matter where it may lie. It is it was when we passed it. they will start lowering the price, and time to mine our own resources no The good news is we have worked gas prices will come down, but we have matter where they may lie.’’ He at- very hard, and the disability commu- to act. taches a drill bit to the letter. nity has worked very hard with the Here we go with one more week. So I’m signing Lynn Westmoreland’s business community, and we have We’re going home with nothing having pledge. I will join in the petition that agreement now with employers and been done, and the people of this coun- I will continue to vote for more supply. with the disability community on a bill try continue to pay these exorbitant The solution is more supply from the that makes sense for both. prices for gasoline at the pump. Outer Continental Shelf, coal-to-liquid I appreciate the distinguished Repub- So, if I were talking to the American technology, wind and solar, and renew- lican whip for cosponsoring this legis- people, I would just say to them today: able fuels. We need American-made en- lation, and I look forward to working Contact your Congressman, contact ergy. We need all of the above so that with him to ensure the passage of this your Senator, and tell them you want we can lower gas prices for the whole bill on Wednesday next. something done quickly because this is country at the pump. The poor, rural Mr. BLUNT. I thank the gentleman not only an energy crisis; it’s an eco- Americans are disproportionately for that. nomic crisis. harmed by high gas prices.

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.053 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5777 b 1315 ‘‘Invest’’ translates into ‘‘waste.’’ Second, the Commission on the Na- APPOINTMENT AS MEMBERS TO Again, used in a sentence, ‘‘Democrats tional Guard and Reserves have said COMMISSION ON WARTIME CON- will invest your money.’’ Translation, that the use of the Guard and Reserves TRACTING ‘‘Democrats will waste your money.’’ in Iraq has seriously weakened their ‘‘Energy’’ means ‘‘lethargy.’’ ‘‘Demo- ability to protect us from threats to The SPEAKER pro tempore. Pursu- crats have an energy policy.’’ Trans- the homeland. These threats could in- ant to section 841(b) of the National lation, ‘‘Democrats have a lethargy clude terrorist attacks using chemi- Defense Authorization Act for Fiscal policy.’’ cals, biological and nuclear weapons. Year 2008 (Public Law 110–181), and the ‘‘Green-collar jobs’’ translates into Third, just as our Guard and Reserves order of the House of January 4, 2007, ‘‘unemployment.’’ ‘‘Democrats will re- have been stretched too thin, our en- the Chair announces a joint appoint- place your blue-collar jobs with green- tire military has been stretched to the ment by the Speaker and the majority collar jobs’’ translates into ‘‘Demo- breaking point. Many of our most sen- leader of the Senate and an appoint- crats will replace your blue-collar jobs ior military leaders have been warning ment by the Speaker on the part of the with unemployment.’’ us for quite some time now that the oc- House to the Commission on Wartime Speaking global Democrat. ‘‘Diplo- cupation of Iraq has compromised our Contracting: macy’’ equals ‘‘magic.’’ ‘‘Democrats ability to respond to genuine threats Joint appointment: will protect America from Iranian elsewhere in the world. Mr. Michael J. Thibault, Reston, Vir- nukes through tough principled diplo- Fourth, our occupation of Iraq has ginia, Co-Chairman macy’’ translates into ‘‘Democrats will strengthened the hand of the pro-nu- Speaker’s appointment: protect America from Iranian nukes clear regime in Iran. The occupation Mr. Clark Kent Ervin, Washington, through tough principled magic.’’ has destabilized the region, giving Iran DC. ‘‘Engaged’’ means ‘‘appease.’’ ‘‘Demo- the chance to gain influence among its f crats will engage America’s enemies.’’ neighbors. Translation, ‘‘Democrats will appease We must stand with our inter- SPECIAL ORDERS America’s enemies.’’ national partners, and we must work The SPEAKER pro tempore. Under Importantly, ‘‘end’’ means ‘‘lose.’’ with international organizations to put the Speaker’s announced policy of Jan- ‘‘Democrats will end the Iraq war.’’ strong diplomatic pressures on Iran to uary 18, 2007, and under a previous Translation, ‘‘Democrats will lose the behave responsibly. We must begin di- order of the House, the following Mem- Iraq war.’’ rect negotiations with Iran. We cannot bers will be recognized for 5 minutes Finally, contextually construing allow the occupation of Iraq to spread each. electoral Democrat, i.e., walking the to a war with Iran. That would be an- f party plank. This is a graduate-level other catastrophic mistake. course. The SPEAKER pro tempore. Under a Iran would retaliate against our ‘‘As a progressive party, Democrats troops in Iraq and against our allies previous order of the House, the gen- will bring you change by using govern- and interests throughout the region. tleman from Texas (Mr. POE) is recog- ment to enhance revenues from the Oil would spike, further threatening nized for 5 minutes. rich to invest in the production of en- our economy right here at home. (Mr. POE addressed the House. His ergy and green-collar jobs and by using Fifth, the occupation of Iraq has seri- remarks will appear hereafter in the diplomacy to engage America’s en- ously undermined America’s standing Extensions of Remarks.) emies and end the Iraq war.’’ in the world. My colleague on the For- f The translation, ‘‘As a regressive eign Affairs Committee, Chairman LEARN HOW TO SPEAK DEMOCRAT party, Democrats will bring you the DELAHUNT of the Subcommittee on 1970s by using socialism to raise taxes International Organizations, Human The SPEAKER pro tempore. Under a from you to waste in the production of Rights and Oversight, issued a report previous order of the House, the gen- lethargy and unemployment, and by on this subject just last week, a report tleman from Michigan (Mr. MCCOTTER) using magic to appease America’s en- that I hope every Member of the House is recognized for 5 minutes. emies and lose the Iraq war.’’ will read. Mr. MCCOTTER. Mr. Speaker, in the I hope this exercise has been instruc- The report describes the alarming de- interest of legislative process whereby tive. cline in how the people of the world we hear many speeches on the floor, f view the United States. There has been many Members talk to their constitu- a 45-percent drop in America’s ents, I am going to try to bring a bit of OBSESSION WITH IRAQ HURTS favorability rating in Indonesia, a 41 enlightenment to this process with the AMERICAN SECURITY percent drop in Morocco and a 40 per- use of a technological device known as The SPEAKER pro tempore. Under a cent drop in Turkey. a ruler and charts. previous order of the House, the gentle- The United States is now viewed un- We are going to learn how to speak woman from California (Ms. WOOLSEY) favorably by 82 percent of the people in Democrat today, speaking local Demo- is recognized for 5 minutes. Arab countries, and there has been a crat. Ms. WOOLSEY. Mr. Speaker, for over 26-point increase in Europe for the view Often we heard the word ‘‘progres- 5 years, the administration has had a that U.S. leadership in world affairs is sive,’’ which translates into ‘‘regres- single-minded obsession with the occu- undesirable. The report finds that two sive.’’ As used in a sentence, ‘‘Demo- pation of Iraq. It has poured our troops of major causes for this unprecedented crats are progressive.’’ The translation, and our treasure into a misguided for- and widespread decline are the occupa- ‘‘Democrats are regressive.’’ eign adventure, while ignoring our Na- tion of Iraq and the torture and abuse We hear the word ‘‘change,’’ which tion’s real security needs, both at of prisoners. means ‘‘the 1970s.’’ ‘‘Democrats will home and abroad. In addition, the people of the world bring you change.’’ Translation, I want to mention just a few of the believe that America’s decisions are ‘‘Democrats will bring you the 1970s.’’ ways that Iraq tunnel vision has blind- made unilaterally without regard to ‘‘Government’’ means ‘‘socialism.’’ ed us to what we really need to be fo- international law or standards, making ‘‘Democrats support proactive govern- cusing on. First, the occupation of Iraq our rhetoric about democracy quite ment.’’ Translation, ‘‘Democrats sup- has weakened our efforts in Afghani- hypocritical. port proactive socialism.’’ stan. Secretary of Defense Gates has The administration has told us that ‘‘Enhance revenues’’ translates into acknowledged that many Europeans do the occupation of Iraq is all about ‘‘raise taxes.’’ ‘‘Democrats will en- not support the NATO mission in Af- spreading democracy in the Middle hance revenues.’’ Translation, ‘‘Demo- ghanistan because they oppose the East. Yet, here we have clear evidence crats will raise taxes.’’ American occupation of Iraq. that their policy is failing, because you This is my favorite part. ‘‘The rich He has said, and I quote ‘‘Many (Eu- cannot bomb and blast your way to de- means you.’’ For example, ‘‘Democrats ropeans) have a problem with our in- mocracy. will only tax the rich.’’ Translation, volvement in Iraq and project that to There can be no doubt that the occu- ‘‘Democrats will only tax you.’’ Ouch. Afghanistan.’’ pation of Iraq has weakened America’s

VerDate Aug 31 2005 02:11 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.055 H20JNPT1 jbell on PROD1PC69 with HOUSE H5778 CONGRESSIONAL RECORD — HOUSE June 20, 2008 defenses in many, many ways. The only The bedrock foundation of this Republic is ington (Mr. MCDERMOTT) is recognized solution is to responsibly redeploy our the clarion declaration of the self-evident truth for 5 minutes. troops and military contractors out of that all human beings are created equal and Mr. MCDERMOTT. Mr. Speaker, it Iraq. That way we can get back to the endowed by their Creator with the unalienable says something about tensions in the business of conducting an effective for- rights of life, liberty and the pursuit of happi- world today when the first thing I want eign policy, safeguarding our Nation’s ness. Every conflict and battle our Nation has to enter into the RECORD is a reminder security, and working with the inter- ever faced can be traced to our commitment of my strong and long-standing com- national community to bring peace to to this core, self-evident truth. mitment to the defense of Israel, the the world. It has made us the beacon of hope for the safety and security of the Jewish peo- f entire world. Mr. Speaker, it is who we are. ple, and the absolute right of Israel to The SPEAKER pro tempore. Under a And yet today another day has passed, and exist. previous order of the House, the gen- we in this body have failed again to honor that I offer this preamble because I also tleman from North Carolina (Mr. foundational commitment. We have failed our want to say I am deeply troubled by JONES) is recognized for 5 minutes. sworn oath and our God-given responsibility the news reports around the world (Mr. JONES of North Carolina ad- as we broke faith with nearly 4,000 more inno- today that Israel recently conducted a dressed the House. His remarks will ap- cent American babies who died today without major military exercise in what many pear hereafter in the Extensions of Re- the protection we should have given them. military analysts see as training for a marks.) And it seems so sad to me, Madam Speaker, possible strike against Iran. f that this Sunset Memorial may be the only ac- The United States supplies Israel The SPEAKER pro tempore. Under a knowledgement or remembrance these chil- with billions of dollars in military previous order of the House, the gen- dren who died today will ever have in this hardware, training and intelligence, tleman from Oregon (Mr. DEFAZIO) is Chamber. and I believe it is both appropriate and recognized for 5 minutes. So as a small gesture, I would ask those in urgent for the U.S. to raise questions (Mr. DEFAZIO addressed the House. the Chamber who are inclined to join me for about their intentions and to aggres- His remarks will appear hereafter in a moment of silent memorial to these lost little sively pursue diplomacy in this region. the Extensions of Remarks.) Americans. We have made such a mess of things in Iraq that it’s hard to believe that f So Mr. Speaker, let me conclude this Sun- set Memorial in the hope that perhaps some- any nation can think war can achieve SUNSET MEMORIAL one new who heard it tonight will finally em- peace. The SPEAKER pro tempore. Under a brace the truth that abortion really does kill lit- News reports say Israel conducted a previous order of the House, the gen- tle babies; that it hurts mothers in ways that massive military exercise in plain tleman from Arizona (Mr. FRANKS) is we can never express; and that 12,933 days sight to send signals to the United recognized for 5 minutes. spent killing nearly 50 million unborn children States, Europe, and Iran that Israel is Mr. FRANKS of Arizona. Mr. Speaker I in America is enough; and that it is time that prepared to launch a massive military stand once again before this House with yet we stood up together again, and remembered strike against targets in Iran if diplo- another Sunset Memorial. that we are the same America that rejected matic efforts to halt or delay its nu- It is June 20, 2008 in the land of the free human slavery and marched into Europe to ar- clear program fail. and the home of the brave, and before the rest the Nazi Holocaust; and we are still cou- Almost immediately, Iran retaliated sun set today in America, almost 4,000 more rageous and compassionate enough to find a in the press saying any attack against defenseless unborn children were killed by better way for mothers and their unborn ba- its proud nation with a strong military abortion on demand. That’s just today, Mr. bies than abortion on demand. capability would be met with an equal- Speaker. That’s more than the number of in- Mr. Speaker, as we consider the plight of ly massive counteroffensive. The media nocent lives lost on September 11 in this unborn America tonight, may we each remind reminds us that Iran has just taken de- country, only it happens every day. ourselves that our own days in this sunshine livery of accurate Russian-made sur- It has now been exactly 12,933 days since of life are also numbered and that all too soon face-to-air missiles. We are edging per- the tragedy called Roe v. Wade was first each one of us will walk from these Chambers ilously close to a hair-trigger moment handed down. Since then, the very foundation for the very last time. when someone, somewhere, will do of this Nation has been stained by the blood And if it should be that this Congress is al- something that turns saber rattling of almost 50 million of its own children. Some lowed to convene on yet another day to come, into a provocative military confronta- of them, Mr. Speaker, cried and screamed as may that be the day when we finally hear the tion, and we will be at war again on an- they died, but because it was amniotic fluid cries of innocent unborn children. May that be other front. I am deeply worried by passing over the vocal cords instead of air, we the day when we find the humanity, the cour- that. couldn’t hear them. age, and the will to embrace together our There are those who would have us All of them had at least four things in com- human and our constitutional duty to protect believe that U.S. military superiority mon. First, they were each just little babies these, the least of our tiny, little American ultimately trumps any nation, any who had done nothing wrong to anyone, and brothers and sisters from this murderous force. We are the most powerful mili- each one of them died a nameless and lonely scourge upon our Nation called abortion on tary Nation on Earth, but with power death. And each one of their mothers, whether demand. comes responsibility, accountability she realizes it or not, will never be quite the It is June 20, 2008, 12,933 days since Roe and leadership. same. And all the gifts that these children versus Wade first stained the foundation of For all the bombs and guns and mis- might have brought to humanity are now lost this Nation with the blood of its own children; siles we have at our disposal, history is forever. Yet even in the glare of such tragedy, this in the land of the free and the home of the replete with failed policies and mis- this generation still clings to a blind, invincible brave. sions and dubious figureheads we ignorance while history repeals itself and our propped up against the will of the peo- f own silent genocide mercilessly annihilates the ple, and any rational approach to U.S. The SPEAKER pro tempore. Under a most helpless of all victims, those yet unborn. foreign policy. This includes the his- previous order of the House, the gen- Mr. Speaker, perhaps it’s time for those of tory of our U.S. secret involvement in tleman from California (Mr. SCHIFF) is us in this Chamber to remind ourselves of why Iran in the 1950s when we and the Brit- recognized for 5 minutes. we are really all here. Thomas Jefferson said, ish worked to overthrow and replace (Mr. SCHIFF addressed the House. ‘‘The care of human life and its happiness and the Iran elected leader, Mohammed His remarks will appear hereafter in not its destruction is the chief and only object Mossadegh, and installed the Shah of the Extensions of Remarks.) of good government.’’ The phrase in the 14th Iran. We kept him in office because we amendment capsulizes, our entire Constitu- f wanted a direct pipeline to Iran’s oil tion. It says, ‘‘No State shall deprive any per- well. son of life, liberty of property without due proc- TENSIONS IN THE WORLD TODAY ess of law.’’ Mr. Speaker, protecting the lives The SPEAKER pro tempore (Mr. b 1330 of our innocent citizens and their constitutional CUELLAR). Under a previous order of As the most powerful Nation on rights is why we are all here. the House, the gentleman from Wash- Earth, you would think that we could

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.057 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5779 do a lot more to prevent war than sim- national Security and Defense Policy Center, security community now has serious doubts ply wringing our hands while we read concluded that the conventional wisdom about the coercive diplomacy approach to the newspapers. And I think we can. about the need to back up diplomacy with Iran that has dominated policy thinking First, we have to abandon the notion adversaries with force is wrong. ‘‘I can say since the beginning of the Clinton adminis- that most of it was not conducted against a tration. that all U.S. policy begins and ends be- background of threat of force,’’ said Dobbins, A paper on Iran policy co-authored by hind the butt of a gun. Now some will and when the threat of force was introduced, Campbell and released at the conference re- stand up and say, Well, that is just Jim ‘‘diplomacy failed’’. flects a new skepticism toward the threat of McDermott, the doctor, who believes In diplomatic dealings with the Soviet an attack on Iran as a way of obtaining Ira- we don’t have to use guns to fight for Union, however, Dobbins said, ‘‘We never nian cooperation. It argues that U.S. mili- peace. Well, I have some company. threatened to use force.’’ tary threats against Iran ‘‘have had the op- Dobbins complained that the debate over I would like to enter into the RECORD posite effect’’ from what was desired, hard- diplomacy with regard to Iran has been be- a story carried earlier this week in the ening the resolve of Iranian leaders to enrich tween those who are ready to use military uranium and giving the Islamic regime Asia Times. It reports on the first con- force now and those who ‘‘say we should talk greater credibility with the Iran people. ference held by the Center for New with them first’’. Advocates of diplomacy, he The paper also reflected an unwillingness American Security. Ambassador James said, have to ‘‘meet a high threshold—they to dispense entirely with the military op- Dobbins, who was special envoy to So- have to offer the reversal of all Iranian posi- tion, however, proposing that the United malia, Haiti, Bosnia and Kosovo under tions’’. In effect, they have to deliver Iranian States ‘‘de-emphasize, but not forswear, the President Clinton and special envoy to ‘‘capitulation’’, said Dobbins. possibility of military action against Iran’’. Although very different from the Soviet The paper advised against even taking the Afghanistan under the current Presi- Union as a threat, Dobbins observed, Iran is dent Bush said that this was about U.S. military threat off the table in return for similar in that ‘‘we can’t afford to ignore it Iran’s stopping its nuclear program, on the policy in Iran: ‘‘I reject the theory that and we can’t overrun it’’. Real diplomacy in ground that Washington must be able to use the implicit threat of force is a nec- regard to Iran, he argued, would result in that threat to bargain with Iran over ‘‘stop- essary prerequisite to successful diplo- ‘‘better information and better options’’. ping its support for terrorism’’. macy.’’ In a line that got applause from the more The principal author of the paper, James Let me read the news story: than 750 people attending the conference, N. Miller, who is senior vice president and di- ‘‘Looking back on 40 years of U.S. di- Dobbins said his solution was to ‘‘deal with rector of studies at CNAS, explained in an Iran’’. plomacy, Dobbins, now director of the interview after the conference that he be- The Dobbins argument represents the first lieves Dobbins’ assessment of the problem is Rand International Security and De- high-profile challenge by a veteran of the US fense Policy Center, concluded that the ‘‘about right’’. Miller said the threat to use national security community to a central force against Iran to coerce it on its nuclear conventional wisdom about the need to tenet of national security officials and the program ‘‘is not useful or credible now’’. back up diplomacy with your adver- US political elite ever since the end of the But Miller said he would not give up that saries with force is wrong. Cold War. threat, because the next president might The recently established CNAS has strong ‘‘’I can say that most of it was not enter into serious negotiations with Iran, connections with former Clinton administra- and Iran might refuse to ‘‘play ball’’ and go conducted against a background of tion national security officials and the Clin- ahead with plans to acquire nuclear weapons. threat of force,’ said Dobbins, ‘and ton wing of the Democratic Party. CNAS If the president had a strong coalition behind when the threat of force was intro- president Michele A. Flournoy and chief ex- him, he said, ‘‘The use of force is an option duced, diplomacy failed.’ ecutive officer Kurt M. Campbell both held that one should consider.’’ positions in the Clinton Defense Department. ‘‘In a line that got applause from the The idea that diplomatic negotiations with William J. Perry and Madeleine K. Albright, more than 750 people attending the Iran over its nuclear program must be Clinton’s secretaries of defense and state, re- conference, Dobbins said his solution backed by the threat of war is so deeply en- spectively, gave opening remarks at the con- was to ‘deal with Iran.’’’ trenched in Washington that endorsement of ference. it seems to have become a criteria for any I urge everyone to read this story and The Clinton wing of the Democratic Party candidate being taken seriously by the na- I urge the administration and the Con- and of the national security elite has long tional security community. gress to start asking tough questions associated itself with the idea that the Thus all three top Democratic hopefuls and demanding straight answers while threat of military force—and even force supported it during their primary fight for itself—should be at the center of U.S. policy there is still time. the Democratic nomination. in the Middle East. Key figures from the We have seen what strikes in Iraq did Addressing the American Israel Public Af- Clinton administration, including Perry, back in the 1980s. We saw a strike in fairs Committee convention in early 2007, Albright, former United Nations ambassador Syria a few months ago, and we are Hillary Clinton said that, in dealing with the Richard Holbrooke, former assistant sec- possibility of an Iranian nuclear capability, going to wake up one morning with an- retary of state James P. Rubin and former ‘‘no option can be taken off the table’’. other problem on our hands if we don’t deputy national security adviser James Barack Obama and John Edwards also ex- start asking serious, tough questions of Steinberg, lined up in support of the Bush plicitly refused to rule out the use of force this administration. administration’s invasion of Iraq in 2003. against Iran if it refused to accept U.S. de- [From the Asia Times, Jun. 17, 2008] Flournoy and Campbell have already made it clear that CNAS’ orientation will be to mands to end its uranium enrichment pro- DEAL, DEAL, DEAL WITH IRAN hew the common ground uniting the na- gram. (By Gareth Porter) tional security professionals who have served f WASHINGTON—The assumption that the administrations of both parties. Flournoy United States should exploit its military co-authored an op-ed with former Bush ad- HISTORIC FISCAL CRISIS dominance to exert pressure on adversaries ministration deputy secretary of state Rich- has long dominated the thinking of the US ard Armitage two days before the NCAS con- The SPEAKER pro tempore. Under a national security and political elite. But this ference, and Armitage also introduced the previous order of the House, the gen- central tenet of conventional security doc- conference. tleman from California (Mr. CAMPBELL) trine was sharply rejected last week by a A paper by Flournoy and two junior co-au- is recognized for 5 minutes. senior practitioner of crisis diplomacy at the thors ostensibly calling for a new U.S. Mr. CAMPBELL of California. Mr. debut of a major new centrist foreign policy ‘‘grand strategy’’ is notable for its reluc- Speaker, shh, there’s a secret. I have a think-tank. tance to go too far in criticizing the Bush ad- secret. It’s a secret that the leadership At the first conference of the Center for a ministration’s policies. It argues that the in this House doesn’t want the people New American Security (CNAS), ambassador current US positions in Iraq pose the ‘‘real James Dobbins, who was former president threat of strategic exhaustion’’ and calls for to know; but I’m going to tell you any- Bill Clinton’s special envoy for Somalia, ‘‘rebalancing risk’’, but offers no real alter- way. This Nation, this Federal Govern- Haiti, Bosnia and Kosovo and the George W native to indefinite continuation of the Bush ment, is in a historic fiscal crisis right Bush administration’s first special envoy to administration’s wars in Iraq and Afghani- now. Afghanistan, sharply rejected the well-estab- stan. It was announced earlier this week lished concept of coercive diplomacy. Instead, it urged the ‘‘rearticulation’’ of that the deficit for this fiscal year Dobbins declared in a panel on Iran policy, goals in both Iraq and Afghanistan by replac- which we are in is projected now to ‘‘I reject the theory that the implicit threat ing the ‘‘maximalist language used in past of force is a necessary prerequisite to suc- years’’ with ‘‘pragmatism’’. reach $470 billion. Now, Mr. Speaker, cessful diplomacy.’’ But the choice of Dobbins to anchor a for most people when you talk like Looking back on 40 years of US diplomacy, panel on Iran indicates that the Clinton wing this, these numbers are so huge they Dobbins, now director of the Rand Inter- of the Democratic Party and of the national sound arcane. What does that mean.

VerDate Aug 31 2005 03:48 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.063 H20JNPT1 jbell on PROD1PC69 with HOUSE H5780 CONGRESSIONAL RECORD — HOUSE June 20, 2008 Well, it is half a trillion dollars which But unfortunately what is happening best hope for large-scale increases in I think most people know is a lot of around here is all right, I have my production over there. And it talks a money. Let me put it in perspective. spending program, and another Mem- lot about the politics of global oil and If we reach that level by the end of ber has their spending program, and so how other places like Bolivia and Ven- September, this will be by far the larg- what’s the compromise? I know, let’s ezuela and Russia and Kazakhstan est single year deficit in American his- spend both. I get to spend what I want aren’t so friendly to the United States tory. Let me repeat that. We are cur- to spend and you get to spend what you anymore as we become totally depend- rently in a year in which we will likely want to spend, and those are the com- ent on imported fuel. And it says that reach the largest deficit in 1 year in promises we have been reaching in this the biggest prize everybody is waiting U.S. history. place recently. Great deal. Politicians for is the development of these new oil But it doesn’t seem to stop there be- win; special interests win; taxpayer fields. cause also this week the Appropria- loses. But of course we have to be careful tions Committee released their spend- Mr. Speaker, this has got to stop. We because these mother lodes are threat- ing request for the next fiscal year, for have to stop the spending, and when we ened by insurgents who don’t like the fiscal year 2009. And they requested to set priorities on things that we want to fact that western companies are cov- spend 7.7 percent more than this year; spend money on, we have to cut some- eting their resources. And here we live 7.7 percent more. In fact, Mr. Speaker, thing else. in a country now where gas is over $4 a the appropriations request is made up You know, the last thing I have here gallon. It would be so easy just to take of 12 separate bills, 12 separate areas of is: Are we going to have the highest it. And as the song says, are we meant the government. They propose an in- tax rate in the world? Senator OBAMA to take more than we give? crease in spending in all 12. They are recently proposed to lift the cap now Technically, these no-bid deals, more not proposing to keep the same or re- on Social Security and Medicare taxes no-bid from this administration, are duce spending anywhere in spite of the for incomes above $250,000 and repeal structured as service contracts. As largest deficit in American history. all of the tax cuts that were put in such, they do not require the passage And because of the economic dol- place in this century in 2001 and 2003. If of an oil law setting out terms for com- drums that we are currently in, rev- both of those things Senator OBAMA petitive bidding. The legislation has enue right now is basically flat. It is has approved become law, the highest been stalled by disputes among Shiites, not rising very much. And entitlement tax rate in the United States will be Sunni and Kurdish parties over revenue spending, Social Security, Medicare, 54.9 percent. It will be the fourth high- sharing and other conditions inside Medicaid, is going up by nearly 6 per- est tax rate in the industrialized world. that country where their parliament is cent a year all by itself automatically We will be exceeded only by France, in turmoil and cannot pass a hydro- if we don’t do anything over the next 5 Sweden and Denmark. Oh, and by the carbon law. And thus, outsiders come years. in and are covetous of those resources. So you don’t have to be a rocket sci- way, all three of those countries are The whole process is designed to cir- entist to say okay, if revenues are currently moving to reduce their tax cumvent the legislative stalemate. I staying the same and we are increasing rates because they see what that kind some spending by 7.7 percent and the of tax burden will do, is doing to their might say, how convenient. How con- rest by nearly 6, the deficit is going to economy and to brain drain from their venient. And so Americans should ponder the go up. So with the way things are pro- countries. connection between our dependence. jected, we could have a deficit of $600 Mr. Speaker, I hope that people will Now almost 75 percent of what people billion, maybe $700 billion next year. not keep this a secret but will tell ev- pump into their tanks comes from re- And what are we doing about it in this erybody. sources from other places, and think House, well, we are just trying to make f about how serious we had best be as a it worse. WHAT’S IT ALL ABOUT? Yesterday in a very broad, bipartisan country to become energy independent vote, there was a vote to spend an addi- The SPEAKER pro tempore. Under a here at home so we can restore our tional $261 billion over the next 2 previous order of the House, the gentle- independence again because every years, much of which is not included in woman from Ohio (Ms. KAPTUR) is rec- American family that can’t afford to the numbers that I just gave you. So ognized for 5 minutes. drive to work anymore or go on vaca- $261 billion more. Deeper debt, bigger Ms. KAPTUR. Mr. Speaker, not so tion is less free than they were a year deficits. many years ago two famous American ago. Now some of the things that were in- artists, Josh Stone and Dionne War- And the year 1998 is very important cluded in that bill yesterday are prior- wick, created a song called, ‘‘What’s it because that is the year when America ities. One of them was continuing to all about, Alfie?’’ Here is how the song began importing over half of what we support the troops in Iraq. I personally began: consume. Every year we become less support that. But we have to make ‘‘What’s it all about, Alfie? and less free. choices. There have to be priorities. We Is it just for the moment we live? It is really sad what is happening in can’t spend on everything. We should What’s it all about when you sort it the world. I mourn for my country as support the troops in completing their out, Alfie? we approach Independence Day that mission in Iraq, but we should cut Are we meant to take more than we she is not free. And the way we are something else so we are not making give?’’ going to fix this is for Americans to the taxpayer be the loser on all of this. On June 19 this week, 2008, the New really understand the nature of our It seems like every week in this York Times lead story said quite a bit predicament. place, in fact I believe every week here about taking. The headline reads, I would prefer not to send America’s we have either added a new program, ‘‘Deals With Iraq Are Set To Bring the finest to wars over oil, but that is ex- new spending or a new entitlement. Oil Giants Back.’’ I hope every Amer- actly what we have done. And it will And hardly ever do we reduce the ican reads the lead story in the New cost upwards of a trillion dollars al- spending on something else to pay for York Times this week, June 19, a story ready to pay for their deployment. It is it. written by Andrew Kramer. important to think about the words to Now we are spending well over $3 tril- Here is some of what it says. It says that song: Are we meant to take? I lion a year in the Federal Government. Exxon Mobil, Shell, Total, and BP, really think we are meant to create. You would think that some of that $3 along with some other companies like The way this country was born out of trillion is not something that we abso- Chevron, and a number of smaller oil people’s highest ideals, to create a Na- lutely need. And we need to be reduc- companies, are in talks with Iraq’s oil tion that could be self-sustaining with- ing those things and setting priorities. ministry for no-bid contracts, I repeat, in its own borders without all these If this is more important than this, no-bid contracts to service Iraq’s larg- interlocking, foreign entailments that then we spend on this and don’t spend est fields. The no-bid contracts are un- George Washington warned us about on this because we can’t spend on it usual for the industry. Many experts over 200 years ago. Maybe some Ameri- all. consider these contracts to be their cans have forgotten, but we shouldn’t

VerDate Aug 31 2005 03:48 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.064 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5781 forget. We should remember what it globally to alleviate the exceptionally tight been stalled by disputes among Shiite, Sunni means to be free. supply that is a cause of soaring prices. and Kurdish parties over revenue sharing Again, June 19, lead story, New York The Iraqi Oil Ministry, through a spokes- and other conditions. Times, ‘‘Deals With Iraq Are Set To man, said the no-bid contracts were a stop- The first oil contracts for the majors in gap measure to bring modern skills into the Iraq are exceptional for the oil industry. Bring the Oil Giants Back.’’ It is re- fields while the oil law was pending in Par- They include a provision that could allow quired reading for every American who liament. the companies to reap large profits at to- has a heart where freedom beats. It said the companies had been chosen be- day’s prices: the ministry and companies are [From the New York Times, June 19, 2008] cause they had been advising the ministry negotiating payment in oil rather than cash. DEALS WITH IRAQ ARE SET TO BRING OIL without charge for two years before being ‘‘These are not actually service contracts,’’ GIANTS BACK awarded the contracts, and because these Ms. Benali said. ‘‘They were designed to cir- companies had the needed technology. cumvent the legislative stalemate’’ and (By Andrew E. Kramer) A Shell spokeswoman hinted at the kind of bring Western companies with experience BAGHDAD.—Four Western oil companies are work the companies might be engaged in. managing large projects into Iraq before the in the final stages of negotiations this ‘‘We can confirm that we have submitted a passage of the oil law. month on contracts that will return them to conceptual proposal to the Iraqi authorities A clause in the draft contracts would allow Iraq, 36 years after losing their oil conces- to minimize current and future gas flaring in the companies to match bids from competing sion to nationalization as Saddam Hussein the south through gas gathering and utiliza- companies to retain the work once it is rose to power. tion,’’ said the spokeswoman, Marnie Funk opened to bidding, according to the Iraq Exxon Mobil, Shell, Total and BP—the ‘‘The contents of the proposal are confiden- country manager for a major oil company original partners in the Iraq Petroleum Com- tial.’’ who did not consent to be cited publicly dis- pany—along with Chevron and a number of While small, the deals hold great promise cussing the terms. smaller oil companies, are in talks with for the companies. Assem Jihad, the Oil Ministry spokesman, Iraq’s Oil Ministry for no-bid contracts to ‘‘The bigger prize everybody is waiting for said the ministry chose companies it was service Iraq’s largest fields, according to is development of the giant new fields,’’ comfortable working with under the chari- ministry officials, oil company officials and Leila Benali, an authority on Middle East oil table memorandum of understanding agree- an American diplomat at Cambridge Energy Research Associates, ments, and for their technical prowess. ‘‘Be- The deals, expected to be announced on said in a tlephone interview from the firm’s cause of that, they got the priority,’’ he said. June 30, will lay the foundation for the first Paris office. The current contracts, she said, In all cases but one, the same company commercial work for the major companies in are a ‘‘foothold’’ in Iraq for companies striv- that had provided free advice to the ministry Iraq since the American invasion, and open a ing for these longer-term deals. for work on a specific field was offered the new and potentially lucrative country for Any Western oil official who comes to Iraq technical support contract for that field, one their operations. would require heavy security, exposing the of the companies’ officials said. The no-bid contracts are unusual for the companies to all the same logistical night- The exception is the West Qurna field in industry, and the offers prevailed over others mares that have hampered previous at- southern Iraq, outside Basra. There, the Rus- by more than 40 companies, including com- tempts, often undertaken at huge cost, to re- sian company Lukoil, which claims a Hus- panies in Russia, China and India. The con- build Iraq’s oil infrastructure. sein-era contract for the field, had been pro- tracts, which would run for one to two years And work in the deserts and swamps that viding free training to Iraqi engineers, but a and are relatively small by industry stand- contain much of Iraq’s oil reserves would be consortium of Chevron and Total, a French ards, would nonetheless give the companies virtually impossible unless carried out solely company, was offered the contract. A spokes- an advantage in bidding on future contracts by Iraqi subcontractors, who would likely be man for Lukoil declined to comment. in a country that many experts consider to threatened by insurgents for cooperating Charles Ries, the chief economic official in be the best hope for a large-scale increase in with Western companies. the American Embassy in Baghdad, de- oil production Yet at today’s oil prices, there is no short- scribed the no-bid contracts as a bridging There was suspicion among many in the age of companies coveting a contract in Iraq. mechanism to bring modern technology into Arab world and among parts of the American It is not only one of the few countries where the fields before the oil law was passed, and public that the United States had gone to oil reserves are up for grabs, but also one of as an extension of the earlier work without war in Iraq precisely to secure the oil wealth the few that is viewed within the industry as charge. these contracts seek to extract. The Bush having considerable potential to rapidly in- To be sure, these are not the first foreign administration has said that the war was crease production. oil contracts in Iraq, and all have proved necessary to combat terrorism. It is not David Fyfe, a Middle East analyst at the contentious. clear what role the United States played in International Energy Agency, a Paris-based The Kurdistan regional government, which awarding the contracts; there are still Amer- group that monitors oil production for the in many respects functions as an inde- ican advisers to Iraq’s Oil Ministry. developed countries, said he believed that pendent entity in northern Iraq, has con- Sensitive to the appearance that they were Iraq’s output could increase to about 3 mil- cluded a number of deals. Hunt Oil Company profiting from the war and already under lion barrels a day from its current 2.5 mil- of Dallas, for example, signed a production- pressure because of record high oil prices, lion, though it would probably take longer sharing agreement with the regional govern- senior officials of two of the companies, than the six months the oil Ministry esti- ment last fall, though its legality is ques- speaking only on the condition that they not mated. tioned by the central Iraqi government. The be identified, said they were helping Iraq re- Mr. Fyfe’s organization estimated that re- technical support agreements, however, are build its decrepit oil industry. pair work on existing fields could bring the first commercial work by the major oil For an industry being frozen out of new Iraq’s output up to roughly four million bar- companies in Iraq. ventures in the world’s dominant oil-pro- rels per day within several years. After new The impact, experts say, could be remark- ducing countries, from Russia to Venezuela, fields are tapped, Iraq is expected to reach a able increases in Iraqi oil output. Iraq offers a rare and prized opportunity. plateau of about six million barrels per day, While the current contracts are unrelated While enriched by $140 per barrel oil, the Mr. Fyfe said, which could suppress current to the companies’ previous work in Iraq, in a oil majors are also struggling to replace world oil prices. twist of corporate history for some of the their reserves as ever more of the world’s oil The contracts, the two oil company offi- world’s largest companies, all four oil majors patch becomes off limits. Governments in cials said, are a continuation of work the that had lost their concessions in Iraq are countries like Bolivia and Venezuela are na- companies had been conducting here to as- now back. tionalizing their oil industries or seeking a sist the Oil Ministry under two-year-old But a spokesman for Exxon said the com- larger share of the record profits for their memorandums of understanding. The compa- pany’s approach to Iraq was no different national budgets. Russia and Kazakhstan nies provided free advice and training to the from its work elsewhere. have forced the major companies to renego- Iraqis. This relationship with the ministry ‘‘Consistent with our longstanding, global tiate contracts. said company officials and an American dip- business strategy, ExxonMobil would pursue The Iraqi government’s stated goal in in- lomat, was a reason the contracts were not business opportunities as they arise in Iraq, viting back the major companies is to in- opened to competitive bidding. just as we would in other countries in which crease oil production by half a million bar- A total of 46 companies, including the lead- we are permitted to operate,’’ the spokes- rels per day by attracting modern tech- ing oil companies of China, India and Russia, man, Len D’Eramo, said in an e-mailed nology and expertise to oil fields now des- had memorandums of understanding with statement. perately short of both. The revenue would be the Oil Ministry, yet were not awarded con- But the company is clearly aware of the used for reconstruction, although the Iraqi tracts. history. In an interview with Newsweek last government has had trouble spending the oil The no-bid deals are structured as service fall, the former chief executive of Exxon, Lee revenues it now has, in part because of bu- contracts. The companies will be paid for Raymond, praised Iraq’s potential as an oil- reaucratic inefficiency. their work, rather than offered a license to producing country and added that Exxon was For the American government, increasing the oil deposits. As such, they do not require in a position to know. ‘‘There is an enormous output in Iraq, as elsewhere, serves the for- the passage of an oil law setting out terms amount of oil in Iraq,’’ Mr. Raymond said. eign policy goal of increasing oil production for competitive bidding. The legislation has ‘‘We were part of the consortium, the four

VerDate Aug 31 2005 03:48 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.065 H20JNPT1 jbell on PROD1PC69 with HOUSE H5782 CONGRESSIONAL RECORD — HOUSE June 20, 2008 companies that were there when Saddam almost every production bill, produc- Mr. SHIMKUS. It doesn’t have to be. Hussein threw us out, and we basically had tion means producing something, al- This is not a difficult process. the whole country.’’ most every production bill, whether Now, since I signed the pledge, the f it’s Outer Continental Shelf, whether question is how do we do this? Well, we know how we do it. These The SPEAKER pro tempore. Under a it’s oil shale, whether it’s Arctic Na- red areas on this map is called the previous order of the House, the gen- tional Wildlife Refuge, whether it’s Outer Continental Shelf, OCS. You tleman from Wisconsin (Mr. KAGEN) is coal-to-liquid technologies, Repub- hear it talked about on this floor a lot. recognized for 5 minutes. licans vote 90 percent of the time in These areas, which is the West Coast, (Mr. KAGEN addressed the House. support of production, and my friends all the West Coast, all of the East His remarks will appear hereafter in on the other side, the Democrats vote Coast, and the eastern half of the Gulf the Extensions of Remarks.) 90 percent of time in opposition to pro- duction. of Mexico, are off limits, off limits. We f So since we’ve had this fight for can’t research it, we can’t investigate b 1345 many, many years, almost decades it, we definitely can’t find and produce now, it was Jimmy Carter who set oil and gas. And we know there’s bil- The SPEAKER pro tempore. Under a lions of barrels of oil and trillions of previous order of the House, the gen- aside the Arctic National Wildlife Ref- uge for oil and gas exploration. It was cubic feet of natural gas, and we don’t tleman from Texas (Mr. BRADY) is rec- President Bill Clinton who vetoed the have access to it because of our policies ognized for 5 minutes. in this, on this, in this building on an (Mr. BRADY of Texas addressed the ability to explore the Arctic National Wildlife Refuge in 1995. Had he not appropriation bill, not even an author- House. His remarks will appear here- ization bill. after in the Extensions of Remarks.) done that, that oil would be here in our country today. And we’re going to get a chance to f So now we find ourselves in a di- get appropriation bills on the floor, and The SPEAKER pro tempore. Under a lemma. It’s Economics 101. It’s supply we’re going to raise this issue when previous order of the House, the gen- and demand. Limited supply, increased this bill comes to the floor, and we’re tleman from New Jersey (Mr. HOLT) is demand, higher prices. going to challenge our friends on the recognized for 5 minutes. Here’s the problem. January 2001, the other side to say, you know what? It’s (Mr. HOLT addressed the House. His price of a barrel of crude oil was $23, time. This is too much. We need to remarks will appear hereafter in the just 7 years ago. When the new major- open up the OCS, the Outer Conti- Extensions of Remarks.) ity came in in January of 2006, the nental Shelf. What’s another solution? f price of a barrel of crude oil was $58.31. Well, I live in the State of Illinois, The SPEAKER pro tempore. Under a This was not acceptable. I didn’t like and geologically, the State of Illinois previous order of the House, the gen- this. That’s why we passed, in between is, if you go down far enough, it’s a big, tleman from Washington (Mr. this time, the 2005 Energy and Policy huge field of coal. It’s called the Illi- REICHERT) is recognized for 5 minutes. Act. And on this floor, that bill had the nois Coal Basin. We have as much en- (Mr. REICHERT addressed the House. Arctic National Wildlife Refuge in it. ergy, BTU, British Thermal Units of His remarks will appear hereafter in Of course it went to the Senate and it energy as Saudi Arabia has of oil. the Extensions of Remarks.) went there to die. And they pulled You hear my friends on the other ANWR out. f side, they’re worried about Iraq; Today the problem has grown by ex- they’re worried about the Middle East; The SPEAKER pro tempore. Under a ponential amounts. Today the price of previous order of the House, the gen- they’re worried about our reliance on a barrel of crude oil is $136.39. So I’d imported crude oil. You know, if we tleman from Illinois (Mr. SHIMKUS) is like to keep this debate simple. This is were in the OCS, if we were using our recognized for 5 minutes. a problem. So what is a solution? (Mr. SHIMKUS addressed the House. coal and turning it into liquid fuel, we And we’re going to hear a lot, we’ve wouldn’t have to worry about the Mid- His remarks will appear hereafter in heard a lot of solutions from the other the Extensions of Remarks.) dle East. side. None of their solutions talk about But since we are denied the oppor- f bringing on more supply. tunity to go into the Outer Continental And we’ve had some great victories REAL ENERGY SOLUTIONS Shelf, we have to have energy. It’s this week. FISA, Foreign Intelligence their own policy that’s forcing us to be The SPEAKER pro tempore. Under Surveillance Act, funding of the troops, involved in these international arenas. the Speaker’s announced policy of Jan- no restrictions, GI bill expansion, great You know, I’d like to tell those folks, uary 18, 2007, the gentleman from Geor- victories that came about through bi- take a hike; we don’t need you. And we gia (Mr. WESTMORELAND) is recognized partisan compromise on this floor, bills have our own energy here. for 60 minutes as the designee of the that will get signed by the President. Mr. WESTMORELAND. If I could minority leader. And we’re all pretty pleased with the just interrupt, claim back my time for Mr. WESTMORELAND. Mr. Speaker, work we did this week. just 1 minute in the fact that they I’m glad that I’m able to be here today We can do that with this. There is a want us to use alternative fuels. They with my friend, Mr. SHIMKUS, and I congressional majority that would vote want to go to alternative fuels and we think that he has some travel plans, so for more supply. There’s only one hang do to. We think that is something that I’m going to immediately yield to him. up. It’s the Speaker of the House will we need to be developing. And I can’t wait to hear what he’s got not let these bills on the floor. But this, what you’re talking about to say. So you have done a great job, and I the, the Outer Continental Shelf, the Mr. SHIMKUS. I’d like to thank my used my 1 minute, Congressman WEST- U.S. coal, the shale oil, those are colleague from Georgia. And, you MORELAND, to sign your petition. And I things that we know we have. And the know, we’re fortunate still, in today’s want to challenge and encourage all funny part about what they want us to high energy prices, to be able to use my colleagues, in a bipartisan manner, do about using alternative fuels, there aviation. Aviation fuel is up. Budget to come down and sign this petition, was section 526, if you’ll remember, in airlines are broke, four of them so far. this pledge. And I hope the constitu- a defense bill that said that the U.S. Baggage handlers are out of work. ents from all over the country ask government could not use alternative Ticket takers are out of work. their congressmen have they signed fuels. So, you know, which is it? Do And part of the problem that Amer- this pledge. they want us to or not? ica’s facing is the high price of energy. The pledge is pretty simple. I will And so, you know, that’s where we’re And this is not a new debate that we’ve vote to increase U.S. oil production caught, and that’s what a lot of people, had since I’ve been here. And it’s inter- and lower gas prices for America. And I think, to my friend in America, don’t esting how the votes have come down there I am, right there, just signed it. understand that we’re getting a lot of since 1994. And I think the public would Mr. WESTMORELAND. That’s about conflicting things from the majority really find them astonishing that on as simple as it gets, isn’t it? side right now.

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.058 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5783 Mr. SHIMKUS. And part of that al- the drilling, onshore, offshore and add- Mr. WESTMORELAND. And can I ternative fuel debate is coal-to-liquid ing refineries. And so that’s the reason read one comment? technologies. And this is not just keep- I wanted to come up with the petition. This was from Greenpeace. They say, ing energy costs down. This is a job. And I appreciate the gentleman mak- Let’s end fossil fuel use. For decades, This is a job issue. ing the point. This is the only way the we have relied on oil, coal, and gas to Mr. WESTMORELAND. A good-pay- American people will ever know how meet our ever-increasing energy needs. ing job. their congressman feels is by his or her And now we are facing the con- Mr. SHIMKUS. And people can follow signing this petition, because they will sequences for our actions in global this. You have a coal mine. Good, high- have no chance to have that simple of warming. paying jobs. You build a coal-to-liquid a vote. You know, 85 percent of our energy refinery. It’s not a crude oil refinery. And what this petition says, I will consumption today is supplied by fossil It’s its own coal-to-liquid refinery. It vote to increase U.S. oil production to fuels. This is the base of the majority was done in World War II by the Ger- lower gas prices for Americans. And party, and this is what is driving our mans. It’s known technology. U.S. jobs you know, some things may be too sim- energy policy in Congress today. And I building the refinery, U.S. jobs oper- ple for some of these legislators to un- think what the gentleman has gone ating the refinery. derstand. They keep wanting to make through, especially with the coal and Then you build a pipeline. U.S. jobs. it complicated. It’s not complicated, the shale to oil to liquid, just reiter- And you ship it to airports and mili- because to sign that pledge and they ates the Democrats’ position almost tary installations. You know, for every know that they’re never going to get to precisely what Greenpeace stated on dollar increase in the price of a barrel vote on it. I think it would at least let their Web site. of crude oil it costs our United States their constituents know that they have Mr. SHIMKUS. And the lights in this Air Force $60 million because we are some feeling for them when those peo- building that we enjoy and the air con- the largest consumer of jet fuel in the ple ride up to the gas pump and feel ditioning in this building that we enjoy world? that pain at the pump. is produced from a coal-generating And that goes directly to our tax- Mr. SHIMKUS. And what I like about plant. Fifty percent of all electricity in payers because we have to fund our war this debate is what we’re talking about this country is produced by coal. And machines to protect this country and is we want American-made energy. And it’s not a dirty word. It is the lowest just to train. when you have American-made energy, cost fuel. It provides the highest stand- So coal-to-liquid technologies is an- you have American jobs. And when you ard of living. And why do you think other way for me to support your call have American jobs, you have Amer- India and China are rapidly moving, for pledges. ican taxpayers. And when you have China building a coal-fired power plant Well, we’ve got another option here. I American taxpayers, they’re funding every 2 weeks? Because they want their love talking about the Arctic National the local schools, they’re funding the country and their people to move into Wildlife Refuge. I already mentioned local park districts, they’re funding the middle class, and they’re going to the local counties and the States. President Jimmy Carter. I already do it through the use of fossil fuels. When we say no to energy production mentioned President Bill Clinton. And that’s what has made our country And I’ve got a little park in my in the United States, we’re saying no to jobs. We’re saying no to our tax great. And that’s their target, and hometown of Collinsville, Illinois they’re not going to be concerned called Woodland Park. Maybe it’s not base. We’re saying no to our schools. In fact, when we say no to production, one about climate as we know they’re not. even a square mile. And I can under- I want to thank my colleague for let- of the biggest challenges many school stand if the folks in my hometown say, ting me join him in his special order. I districts are going to have is paying for well, we don’t want you drilling in that the increase in diesel costs for the bus have got to now use the great benefits little park. I don’t want people drilling companies to pick up kids to go to of technology and travel and fossil fuel in that little park either. school this fall because diesel prices use and get on my plane and get back The Arctic National Wildlife Refuge have doubled. And that’s true across to the great State of Illinois. is the size of the State of South Caro- Mr. WESTMORELAND. Have a safe the board, in any job, because every- lina. The drilling platform would be thing, this building has an energy vari- trip. the size of Dulles Airport. Mr. Speaker, thank you for this, and able. And as energy prices go up, the Put it in perspective. Take a football sorry, but he had to take a little trip. costs to keep the lights on go higher. field and put a postage stamp on that And I want to go back, first of all, Taxpayers have to pay more. football field. That is what we’re talk- And the only way that I get frus- and just talk about the petition for a ing about as far as the Arctic National trated with this is because it doesn’t minute and the fact that I had been Wildlife Refuge, and we know we have have to be this way. It does not have to contacted by several of my constitu- billions of barrels of oil there. That’s be this way. And I would challenge my ents, Mr. Speaker, asking me if I had not disputed. And it’s just a matter of, friends on the environmental left, give gone on to some of these web pages and if I’m going to support your pledge, I’m us some standards. Give us some, tell signed the petition that said, one said, going to support more supply. us how clean is clean? We will meet drill here, drill now, pay less. There And again, you know, I know I’ve got those standards. were some others. I don’t know the a lot of good friends on the other side. particular names. And then I was in a I call them ‘‘fossil fuel Democrats.’’ b 1400 service station/grocery store that had a They believe in it. They understand the But it’s a moving target. There’s no petition laying on the counter where importance of it for job creation and certainty. No one wants to invest. In you paid. It said, Sign this if you want manufacturing and being competitive. fact, there’s some people who say we’re to lower gas prices. And given the opportunity, we would done with false carbon fuel. We’re done And so what I found is that the have their vote. I mean, there’s 10 per- with coal. We’re done with crude oil. American people were doing everything cent of them at least I know. I bet We’re going to go all wind, we’re going that they could, Mr. Speaker, to let us there’s about 40. Once we get that on to go all solar, and we’re going to be know, Members of Congress, the people the floor, any of these bills, I bet we able to meet our electricity demand. who are sworn to take action to help can get about 40 Democrats’ votes. And those who follow the market and our constituents, the people were tell- Mr. WESTMORELAND. And to my the electricity demands in this country ing us. But there was no way for them friend, reclaiming my time for just a know that that is impossible because to know how we felt about reducing the moment. That is the reason that I most of these people say no to nuclear. price of gas because under the new ma- came up with the petition because That’s why when we started this de- jority, we will never have an oppor- there were so many people that were bate about 18 months ago, ‘‘no’’ is not tunity to vote on these things because signing petitions on the Internet, drill an energy policy. You can’t say no and they know if they brought it to the here, drill now, lower prices, other lo- say you have an energy policy, and floor that it would pass and it would cations, that I knew we will never get that is unfortunately what we have on hurt their base, the radical environ- to have a straight up or down vote on the other side. mentalists.

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.071 H20JNPT1 jbell on PROD1PC69 with HOUSE H5784 CONGRESSIONAL RECORD — HOUSE June 20, 2008 So I tried to come up with something for real energy solutions that they Launch the fourth investigation into as simple as possible because I believe would want to go to www.house.gov/ speculators, $20 billion in new taxes on in simplicity and people can under- westmoreland and see if their Con- oil producers. Mr. Speaker, that took stand the simplicity. gressman has signed this petition. an economic genius to figure out that So I came up with my own petition, And when you call them, you might raising taxes $20 billion on a producer Mr. Speaker. And this petition was for get some dancing, some shuffling or a manufacturer is going to lower the the 435 Members that have the ability around. There is no dancing, there is price to the consumer. to vote in this House and then the dele- no shuffling. It’s one sentence. One sen- Halt oil shipments to the Strategic gates from some of the other terri- tence: I will vote to increase U.S. oil Petroleum Reserve would save a nickel tories. And it says, American energy production and lower gas prices for a gallon. So their price, it brings it solutions for lower gas prices. Bring Americans. I will be quiet about the pe- down from $4.08 to $4.03. onshore oil on line, bring deep water tition for a minute. Here is the address. But I want to read you some of the oil on line, and bring new refineries on I will say one thing about one indi- quotes. line. vidual that signed this. And his name This was the Federal Price Gouging A lot of people might not realize with is NEIL ABERCROMBIE, and he’s from the Prevention Act, H.R. 1252, that the the refinery part of it that we haven’t great State of Hawaii. Neil is the only Democrats in this body passed on May built a refinery in this country since Democrat that has signed the petition. 23, 2007. May 23, 2007, was when this was 1978, 30 years since we built a refinery. He’s the only Democrat that has signed passed. ‘‘This bill has been around for A lot of people would be amazed to the petition. And he knows that at over a year. So let’s stop the excuses. know that we import from Canada, some point in time, we have got to American people don’t want arguments Great Britain, Norway, a number of start. And he knows that the party line about that process. They want relief at other OPEC nations, 6.9 billion gallons that, you know, there’s 68 million acres the pump, and that’s what we’re doing of refined gasoline into this country out there that’s been leased, and that’s today. Lookit, today Members of the every year, about the same amount of true, but there’s 2.5 trillion acres that House have a very simple choice. Vote diesel fuel because we cannot even re- could be leased, Mr. Speaker. But this to stand up with consumers, your con- fine what crude oil that we’ve got. Congress has passed bans that says you stituents, who are paying record gaso- So I have made these boards up. I can’t. The President has said he’s will- line prices, nationwide average, record have had them up now, today is Friday, ing to take off the executive order if prices, or vote to protect big oil compa- and we have had them up 4 days this Congress would move to take off our nies’ enormous profits.’’ week and 1 day last week. And it is so order. We’re not going to move on that. b 1415 simple that it is confusing a lot of peo- So I want to congratulate NEIL and ple on this floor. It says, House of Rep- all of the people that he represents for That was Representative BART STU- resentatives energy petition. I will him having the courage. And he’s given PAK on May 23, 2007. vote to increase U.S. oil production to some of the greatest speeches on the When this was passed, oil was $65.77. lower gas prices for Americans. floor of this House that I’ve heard in As you saw earlier, it’s $136-and-change Mr. Speaker, I know that you under- my 16 years of legislative experience, now. At the time this was passed, the stand that. I understand that. But not just in here but in the State of national average was $3.22 a gallon. It some people must not understand it be- Georgia. So NEIL, my hat’s off to you is now $4.08 a gallon. So you see the cause we’ve only had 170 people sign it. and you should be congratulated. price gouging does not work, Mr. And so if this bill comes to the floor, I want to talk about for just a couple Speaker. which I don’t think—and by the way, of minutes, I know I have got several of Another comment: ‘‘Mr. Speaker, the Speaker said today that she’s my colleagues here to join me, but I again, the American consumers need us bringing four energy bills next week, wanted to talk for a minute about to act, they want us to act, they de- and I’m going to talk about them in a what the Democrats have done so far in mand that we do act. Now is the time.’’ minute and give you some kind of idea the 110th Congress. Because see, back Congressman BOBBY RUSH on May 23, how they’re going to help. in April, and if you will remember the 2007. I think that action was just a cha- But this is real simple, it just says gentleman, Mr. SHIMKUS, had a thing rade because it has not helped the price that whoever is representing you will up about when the Democrats took of our gas. vote to increase our U.S. oil produc- over this Congress in 2006, that oil was And so while we look at these things, tion. Because see, we shouldn’t be in a about $56 a barrel. What happened was we’ve got to understand that the things position—because to me, we’re the when they were running for office, that the Democrats are wanting to do greatest Nation in the world. And Mr. Speaker PELOSI said back in April of does not do it. Speaker, we shouldn’t put the leader of 2006, Democrats have a commonsense Now, let’s look over here at what my the free world, the President of this plan for lowering the skyrocketing petition does or at least asks to do on country, in a position to where Mr. price of gasoline. the Republican side. Bring onshore oil SCHUMER from the Senate or Ms. Now, keep in mind that the sky- online, ANWR, shale, anywhere from 70 PELOSI, the Speaker of the House, is rocketing price at the time was about cents to $1.60 a gallon; bring deepwater asking him to go hat-in-hand to coun- $2.26 a gallon. Man. Did you ever think oil online, OCS, 90 cents to $2.50 a gal- tries that are basically our enemies you would long for the days when gas lon; bring new refineries online, 15 and asking them to increase their oil was $2.26 a gallon? cents to 45 cents. That would bring it production to use their natural re- Anyway, we have yet to see that se- down probably to about $2.10 a gallon. sources for our benefit. cret plan. They have brought out some These are actions. These others are Now, somebody is not thinking clear- plans, but I don’t think they’ve really charades. ly. We don’t need to put our President brought out the secret plan yet. And so I think the American people, in that position. We don’t need to be I want to quote a little bit here from Mr. Speaker, are tired of the charades. asking anybody anything when in this the Democrats. They passed a price But let me just identify one more cha- country in shale oil in the western gouging prevention, and you can see rade that we’ve had, and Mr. Speaker, States we have 1.5 trillion barrels. right here. Here is the Democrats’ phi- that was when we had H.R. 6022, the That’s more than Saudi Arabia has. losophy on lowering the gas prices: Sue Strategic Petroleum Reserve Fill Sus- And so why in the world do we want to OPEC. That’s gone a long ways. pension and Consumer Protection Act be in this position? Launch the seventh investigation into of 2008. This was passed on May 13, 2008, So I came up with a petition. Right price gougers. The seventh investiga- and you can see, halt oil shipments to now we have 170 people that have tion. Mr. Speaker, I think the Amer- the strategic petroleum, a nickel. So signed the petition. Mr. Speaker, I ican people want us to get out of the this is the bill. wanted to give the American people an committee hearing, the investigation Here was the quote from Chairman opportunity, and I know I can’t talk to mode, and get into the action mode. DINGELL: ‘‘While there is no guarantee them, but if I could talk to them, if I We’re in the fetal position mode right that putting this oil onto the market could address them, I would tell them now. rather than into the SPR will lower

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.073 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5785 prices, even such a modest step could sion, the American people are safe. And cause the Democrats are so out of potentially prick the speculative bub- we often accomplish a lot of negative touch with what’s happening in Amer- ble now characterizing oil markets.’’ things here, but on this issue, that is ica. Many of them have been in Wash- Mr. Chairman, it didn’t prick any- what we have done is accomplish a lot ington 50 years or more. They don’t go thing because evidently it made them of negative things. We need to be ac- home on weekends. They don’t asso- mad because it has gone up. But let me complishing positive things. ciate with average Americans. They’ve tell you what will prick that specula- I think my colleague well-character- never worked in a business. They have tive market. What will prick it is when ized what’s been going on as a charade. no idea how all the businesses in Amer- we vote to put a drill bit in the ground, When I was in the General Assembly in ica are being affected. and just by us voting to put the drill North Carolina, I often gave an award My family runs a nursery and land- bit in the ground, the speculation will called the Emperor’s New Clothes scaping business. To put a vehicle out stop. Award because I gave it to bills that on the road, especially one that uses Representative PETER WELCH, the didn’t do anything but that nobody was diesel fuel, is costing two-and-a-half lead sponsor, said this: ‘‘When we have willing to say wasn’t doing anything. times what it cost a year ago, 18 reduced oil going into the SPR in the And I think what the Democratically- months ago, when the Democrats took past it has proven to actually have a controlled Congress—and that’s what over. direct and immediate impact on low- we have to keep saying because many All we’ve gotten from the Democrats ering the price of gas at the pump from Americans blame both Democrats and are empty promises, and as I said, they 5 cents to 25 cents a gallon. Republicans for not doing something— deserve the Emperor’s New Clothes ‘‘And basically the question for us is but they have to understand that it is Award because it doesn’t work. whether or not, even as we have to pro- the Democratically-controlled Con- Their latest Emperor’s New Clothes ceed with long-term debates about our gress that’s creating the problem here. Award claim has to do with use-it-or- future energy policy, is this Congress What they’ve done has been a charade. lose-it, which is already the law of the going to be willing to take a short- It deserves the Emperor’s New Clothes land. They’re blaming the oil compa- term step that has the potential to Award, and I hope most people have nies. They are so good at blaming ev- bring down energy prices.’’ read that little book and understand erybody else and deflecting attention Congressman WELCH, there was not a the issue that I’m talking about. from themselves when they’re the ones lot of potential there because prices Let me say that these are very recent to blame. They want to blame the oil have gone up. polls that have been done. Sixty-seven companies. They want to say the oil Representative NICK LAMPSON from percent of the American people believe companies are making a huge profit. Texas, somebody that should know drilling should be allowed in offshore It’s not popular to defend oil compa- nies, but right now, the oil companies’ about drilling and the benefits that wells off the coast of California, Flor- profit is about 7.5 cents on the dollar. drilling would do to bring down the ida and other States. Sixty-two percent The average profit of most businesses price of energy: ‘‘This bill provides a believe that the price of gas has gotten in this country, the Standard and quick first step, maybe not much, but so high that we need to begin drilling Poor’s businesses, those listed on the at least it’s an action on the part of for oil in an environmentally safe way. stock exchange, is about 8.5 percent. I our Congress. And 57 percent support allowing drill- heard the other day Microsoft is about ‘‘Suspending the SPR will put an ad- ing in U.S. coastal and wilderness areas 21 percent. But I don’t see the Demo- ditional 70,000 barrels of oil on the mar- now off limits. ket each day. It could help reduce crats going after them. And let me contrast the opinion of Generally, they hate business and in- prices at a critical time for us in our the American public with what the dustry because they think they’re the country.’’ Democrats have done over the years. evil people in this country, but thank It has not reduced the price at all. In the last 12 or 14 years, there have goodness we have had the oil compa- Representative JASON ALTMIRE: been many bills put in, one on drilling nies providing the oil and gasoline that ‘‘This Congress has to act. And we are in ANWR, and 91 percent of Repub- we’ve needed over the years. going to act today. And we are going to licans supported that; 86 percent of So they want to do something called save the American people a quarter on Democrats opposed it. use-it-or-lose-it. Well, you know, folks, the gallon.’’ Turning coal-to-liquid, which is a the oil companies already have a So, when you go into the service sta- good way to be using coal, 97 percent of clause in their contracts. They either tion to fill up tomorrow or the next Republicans supported it; 78 percent of drill for oil within 10 years or they lose day or tonight, ask them if they’ve House Democrats opposed it. the lease. Guess who changed the lease heard that we have passed the Stra- Oil shale exploration, 90 percent of time from 5 years to 10 years. The tegic Petroleum Reserve Fill Suspen- House Republicans supported it; 86 per- Democrats, back in 1992. Do you ever sion and Consumer Protection Act of cent of Democrats opposed it. hear them admit that? No, they don’t 2008, because I can promise you your The Outer Continental Shelf, 125 admit it, but that’s what happened. gas will not be 25 cents a gallon less miles off the coast of the country, We already are regulating the oil than what it was on the day we passed you’re not going to see the wells. business tremendously. They are not this. You’re not going to see the effect, and the problem. It’s the Democrats who I’d now like to recognize my friend we can do it without polluting the are the problem. And we can’t say that from North Carolina, the battering ram ocean or polluting our environment in often enough on this floor because not as some people call her in here, but any way. Eighty-one percent of House enough Americans are listening. Half she’s one of the most fierce legislators Republicans supported; 83 percent of the people in the country think Repub- that I’ve ever met in my career, and House Democrats opposed it. licans are still in charge. We’re not in the congresswoman from North Caro- Increasing refinery capacity, my col- charge. We’re the good guys. We’re the lina (Ms. FOXX). league has done a very fine job of ex- ones wanting to produce more Amer- Ms. FOXX. I want to thank my col- plaining why that’s important to in- ican-made products for you to use. We league from Georgia (Mr. WESTMORE- creasing supply. Ninety-seven percent didn’t say we had a plan to bring down LAND) for the great leadership he’s pro- of House Republicans supported it; 96 the price of gasoline, but we do, and viding on this issue today and other percent of House Democrats opposed it. our plan will work. days here in the Congress. I think it’s So over the last 12 or 14 years, on the We’re still waiting for Democrats to extremely important to explain to the bills that have come up on these issues, bring their plan. They haven’t brought American people what is not happening on average 91 percent of House Repub- it. We’d love to see it. But as my col- in the Congress, even though they are licans have voted to increase the pro- leagues said, it’s a charade. I like that asking us to do things. duction of American-made oil and gas, term, and I want to say it deserves the Now, I am very much a person of ac- while 86 percent of House Democrats Emperor’s New Clothes Award because, tion. I believe in getting as much done have historically voted against it. folks, it ain’t there. as we possibly can. The old saying is, We need to increase the supply. I be- So I thank my colleague for sharing as long as the Congress is not in ses- lieve that part of the problem is be- some time with me today and for

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.075 H20JNPT1 jbell on PROD1PC69 with HOUSE H5786 CONGRESSIONAL RECORD — HOUSE June 20, 2008 bringing this Special Order to the floor economy is so weak. And so if they that are out there in order to reduce today and helping people understand pass that cost on, consumers won’t pay the demand on the fossil fuels. Now, before the weekend, as you go out it and their volume will go down and the first thing we should be looking at there and you are filling up your tanks, down, so businesses are being squeezed. is nuclear. Now, you look at France, you can hold responsible the Democrat- I talked to an owner of a company Japan and Sweden. Sweden, arguably ically-controlled Congress, the do- the other day who has a lot of his em- the most environmentally conscious nothing-to-produce-more-energy Con- ployees—we have long commutes, country on Earth, and they get over 80 gress for the problems that you’re hav- often, in California—and the price of percent of their power from nuclear. ing. their commute has gotten so high that What shocks me, Mr. WESTMORELAND, Mr. WESTMORELAND. Ms. FOXX, he’s probably going to see if—which, is that I hear the Democrats say all the after these bills come to the floor next again, is often restricted by State time, well, we want to do more nuclear week, or if we ever do get a chance to law—the company can go to a 4-day power if it is safe. You always hear the see them, we’re going to have to bring work week or maybe even a 3-day work qualification, ‘‘if it is safe.’’ Oh, my back the old truth squad to make sure week in order to reduce the huge costs gosh; you’ve got three big countries that the American people, Mr. Speaker, that his employees have commuting 50, out there have 80 percent. You can go get the truth. 60, 70 miles to and from work every to Italy and a whole bunch of other It’s now my honor to yield to a friend day. So this is impacting everybody. countries where they’re producing a of mine that came in shortly after I did It’s the biggest issue I hear about when significant amount of their energy to Congress, and if I could name any- I go home. from nuclear and no one has had prob- body in this Congress a taxpayers’s And so what are we doing? What is lems. friend, I would have to name JOHN this Democratic-led Congress leading To say ‘‘it is safe,’’ and everyone CAMPBELL. And so I yield to him. us to do? I mean, it’s affecting homes, looks back at Three Mile Island, but Mr. CAMPBELL of California. I it’s affecting businesses, jobs, employ- that was 40 years ago almost, that thank my friend, Mr. WESTMORELAND ment, the economy, everything. And would be like looking at a 40-year-old from Georgia, and you are equally a what are we doing here? Nothing. This Altar computer and trying to assess friend of the taxpayer and a Georgia Democratic-led Congress is doing abso- whether you could run things with that bulldog in terms of fighting for tax- lutely nothing on the biggest issue computer today. payers and consumers and for Ameri- that is facing America today. Nuclear technology has progressed cans to be more free rather than less A week or so ago we did pass a reso- every bit as much. And the nuclear free in the future. Thank you for yield- lution, though, commemorating the technology that exists today is much ing. end of the Revolutionary War 225 years more efficient and much safer than I stand here in front of this chart ago. Now, that’s great. I mean, I’m anything we had a long time ago. And which says that gasoline is $4.09, which glad we had an American Revolution, we should be putting up nuclear plants is the national average. As my friend I’m glad we won, I’m glad it ended. But as quick as we can and replacing those indicated, I’m from California. I can I think we could be doing a little more natural gas plants, replacing some of tell you that this last weekend when I productive things on the floor of this those others. was home I paid $4.91 for premium un- House with energy and with energy Liquefying coal is another thing we leaded. prices. should be doing. We are the Saudi Ara- Now, the Democrats on the other bia of coal. We have more coal in the b 1430 side, they will have you saying, oh, United States than any other country In California, where we have even well, we can’t do this and we can’t do on Earth. And second, by the way, is more restrictions on refineries and fuel that and we can’t do the other. Let me China. And what are the Chinese and gasoline than you do nationally, tell you what I think and what we Re- doing? Developing their coal and using our price is even higher than it is na- publicans think we should do: Every- their coal as quickly as they can. And tionally, so we’re headed for $5-a-gallon thing. There shouldn’t be anything off what are we doing? Nothing. And then gasoline in California. the table, basically, in this discussion we should be looking at other alter- The one thing that’s not very well because of the crisis we’re in and be- native fuels like methanol, ethanol, known is it’s not going to stop there. cause of the magnitude of this situa- butanol, all these different possible Natural gas price has gone up as well. tion. fuels. The price of natural gas is now about Let me try and break it down into But let’s talk about ethanol for a sec- 50 percent higher than it was just three areas of things that we ought to ond. You’ve heard a lot about it. We about 6 months ago. Now, in my home be doing. And the first is more produc- hear a lot about the subsidies and mak- State of California, about 95 percent of tion and supply and delivery of oil and ing it from corn, but the best thing to our heating comes from natural gas natural gas. Now, you will hear Demo- make ethanol from is sugar. But in this and about 50 percent of our electricity crats say, oh, I heard Senator OBAMA country, we have a huge tariff, I be- comes from natural gas. So my con- the other day say, oh, that won’t affect lieve it’s 75 percent—I could be wrong stituents are already being shocked at the price for 5 years; you won’t get any on that, but I believe it’s 75 percent on the gas pump; but come this summer, of that oil out for 5 years. True, you imported ethanol and imported sugar. they’re about to be shocked with their won’t get any of that oil out for 5 Mr. WESTMORELAND. Fifty-four electric bill. And come this winter, years, but markets are anticipatory. cents a gallon. they will be shocked with their natural Part of the reason that gas prices are Mr. CAMPBELL of California. Fifty- gas heating bill. so high today is because of the markets four cents a gallon. Fifty-four cents a All these energy prices are going up. anticipating increasing demand in gallon—thank you, Mr. WESTMORE- They’re impacting consumers, and India, in China, and in Brazil that will LAND—tax on imported ethanol or im- they’re impacting businesses. I can’t eat up more supply. If we send a strong ported sugar cane to make ethanol. tell you how many business owners I message from this House of Represent- Why? If we think this might be one of have talked to that are being squeezed atives that we are going to do every- our future alternative fuels, why would by the price of fuel in the costs of their thing we can to produce more oil and we tax it more than we tax anything products, whether it’s a pizza place gas from everywhere we can produce, else? It makes no sense. So we should that delivers, or whether it is a deliv- the markets will react to that. Does be developing all of those alternative ery place that has delivery trucks. It that mean it will go back to where it fuels. doesn’t matter what it is, whatever you was? No. And that’s not the only thing Wind and solar, them, too, although get, it got to you because somebody we should do. But it is something we they will never be more than 1 or 2 or brought it. And when somebody should do, and it should be one of the 3 percent, but we should be developing brought it, they used some kind of fuel clubs we have in our bag that we use to them as well, and hydrothermal. to do that, and the price of that fuel is bring these numbers down. And then the third leg of this stool is up. And those businesses can’t pass Second, we should be trying to de- efficiency. Yes, we need to have more that price on right now because the velop all alternative forms of energy efficient cars. Yes, we need to have

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.076 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5787 more efficient homes. Yes, we should Now, I’m fixing to show you some- need to hear from you. You need to have more efficient production capac- thing, Mr. Speaker, and I don’t know if know if they’re willing to vote to in- ities in business. And yes, we should do you can see it or not, but maybe you’ll crease the production of oil in this all that, too. But we can’t do it only on get a look at it. But Mr. Speaker, I’m country from our own natural re- efficiency, we can’t do it only on oil going to show you something that’s sources, be less dependent on foreign production, we can’t do it only on al- really going to burn you up. This is a oil and foreign resources, and lower the ternatives, we need to do all three. copy of the check that American fami- price of American gas. And you can And what so disappoints me about lies and businesses write to Mr. Chavez. find out if your Congressman is on that the majority Democrats in this House Every day, 365 days a year, we write petition or not by going to house.gov/ is some of them want to do one of him a check for $170,250,000. Mr. Speak- westmoreland. those, occasionally they want to do er, that’s a crime. We could be writing You’re going to hear all kind of argu- two, nobody wants to do all three on those checks to American men and ments of why they didn’t sign it or the Democratic side. But that’s what women with the jobs that we would haven’t signed it, but Mr. Speaker, we need to do. create if we would use our own natural those arguments are so simple that the This is a crisis; it’s not going to go resources for our own benefit. argument doesn’t even hold up. away soon. And the American people So Mr. Speaker, I’ve got 5 minutes to So Mr. Speaker, with that, I’m going have the right to have us in this House close. And I want to put up this ad- to yield the well and yield my time react and give them the tools they dress, because this address, Mr. Speak- here, and just thank you for your pa- need to get the price of energy down to er, is for real energy solutions. It’s a tience in listening to the truth that’s help them lift this economy. simple address, www.house.gov/west- been brought to you. And thank my I thank you for the time, Mr. WEST- moreland. And you can go to that ad- friends that have come down tonight, MORELAND. I yield back to my friend dress, Mr. Speaker—and I hope you will my colleagues that have come down to from Georgia. go tonight, Mr. Speaker—and see the help me, Mr. Speaker, try to explain to Mr. WESTMORELAND. Thank you, names on there that have signed the the American people that we’re serious Mr. CAMPBELL. And I’m going to go petition, the commonsense petition, a about bringing them some relief at the back down front and play a little musi- petition that just says ‘‘I will vote to pump. cal chairs here. increase oil production to lower the f Mr. CAMPBELL of California. Okay. price of gas for Americans.’’ That’s as Then I will stand here until you get simple as you can get, Mr. Speaker. We b 1445 here so we don’t have a blank blue had 32,000 hits on this Web site either PEAK OIL screen. Thank you very much. last night or the night before last. Mr. WESTMORELAND. Thank you, Americans want to know where their The SPEAKER pro tempore (Mr. sir. Congressman represent. LOEBSACK). Under the Speaker’s an- You know, I want to just show the And Mr. Speaker, let me close by nounced policy of January 18, 2007, the American people: We’re not going to saying this: So many politicians today gentleman from Maryland (Mr. BART- immediately drill ourselves out of the that the American people hear on TV LETT) is recognized for 60 minutes. spot, Mr. Speaker. But in 1995, the Con- are talking about change. And I don’t Mr. BARTLETT of Maryland. Mr. gress passed drilling in ANWR. Presi- know if it’s the kind of change that Speaker, I am pleased that my col- dent Clinton vetoed it. Had he not ve- we’re thinking about because, as an leagues for the last hour helped to toed it in 1995 we would be getting one American citizen, the change that I make the point that oil is high and million barrels of oil today out of hope that Congress or that elected offi- gasoline is high because there is an im- ANWR. cials would have, Mr. Speaker, is a balance between supply and demand. So is this an immediate relief? No. change that they would be honest, that There are a lot of differences of opinion It’s immediate relief from, I think, the they would be honest with what they as to how we got here, why we’re here speculation and the amount of tell the American people and not come and what we ought to do to reduce the escrowing. But this is an all-of-the- to Washington and write a bunch of price of gas. above issue. We’ve got to start drilling. legislation that’s very confusing about The next chart is really an historical We’ve got to start doing alternative what it really means. one. This whole saga begins in 1956 fuels. We’ve got to build refineries. And I read your excerpts today, Mr. when a geologist of the Shell Oil Com- We’ve got to be doing onshore and off- Speaker, that read what some of your pany gave a talk to a group of physi- shore drilling. We’ve got to do coal-to- colleagues had said about the legisla- cians on the 8th day of March in San liquid. There are a lot of things we tion that they passed and what it was Antonio, Texas. And he made a pre- have to do and not just lay here in a going to do for fuel prices. And some of diction which was an audacious pre- fetal position. that legislation was over a year ago, diction then. At that time, the United But this is what really burns me up and it has just continued, gas is at $4.08 States was the king of oil. We were when I think about being dependent on a gallon. But Mr. Speaker, if I could producing more oil, using more oil and foreign oil. This is a picture of Mr. talk to the American people, I would exporting more oil than any other Chavez from Venezuela and Mr. Castro tell them this: that there will never country in the world. Here we were in from Cuba. In a recent interview on al really be any change in this country, 1956. He predicted that just 14 years Jazeera, Chavez called for developing Mr. Speaker, until the people that get later, in 1970, the United States would nations to unite against U.S. political up every morning that are citizens of reach its maximum oil production. and economic policies. ‘‘What We Can this land, that look in the mirror, and That was sheer heresy then. Nobody Do Regarding the Imperialistic Power if that person, Mr. Speaker, that they believed him. He was ridiculed. But of the United States.’’ ‘‘We have no see in the mirror will not change, then right on schedule, 14 years later, in choice but to unite,’’ he said. ‘‘Ven- we’re not going to change. 1970, the United States peaked in oil ezuela’s energy alliances with nations And so sometimes it takes effort, Mr. production. such as Cuba, which receives cheap oil Speaker, from the men and women out Now he was predicting this for only and are an example of how we use oil in there that watch us and listen to us the lower 48 States, which is shown our war against neo liberalism,’’ he and abide by the laws that we make to here, Texas plus the rest of the United said. If you saw it on TV this morning, take things into their own hands and States. Then we found a lot of oil in you saw where he threatened the Euro- to let us know how they feel. Over a Alaska. We found some oil in the Gulf pean nations with no more Venezuelan million people have signed a petition, of Mexico. And we learned more and oil because they passed an immigration ‘‘Drill Here, Drill Now, Pay Less.’’ more how to get oil from natural gas law that he didn’t like. This guy is not We’re hearing from them. We need to liquids. By 1980, looking back, you can our friend. The bottom, on March 15, hear from you. see, gee, M. King Hubbert was really 2005, Washington Post; or as he put it Mr. Speaker, if I could talk to the right, wasn’t he? We did reach max- on another occasion, ‘‘We have invaded American people, I would tell them, imum oil production in 1970. I’m going the United States with our oil.’’ your Congressman and your Senator to keep coming back to that.

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.078 H20JNPT1 jbell on PROD1PC69 with HOUSE H5788 CONGRESSIONAL RECORD — HOUSE June 20, 2008 The next chart shows this same put on the Web. And you can get it by Fuel Age. In the 8,000 years of recorded curve. If you will look at the red lines, doing a Google search for Hyman Rick- history, Hyman Rickover noticed that that is up to 1970 and after 1970. The over, the Father of our Nuclear Sub- the Age of Oil would be but a blip in yellow triangles represent the pre- marine and energy speech, or you can the history of man. Wow. What a time diction of M. King Hubbert for the go to our Website, and there is a link it has been. We might give a break to lower 48. The red diamonds are what we there. these youngsters by cutting fuel and actually produced because we found ad- It really was a very prophetic speech. metal consumption so as to provide a ditional oil in Alaska and the Gulf of Remember, that was 51 years ago, the safe margin for the necessary adjust- Mexico that he did not include in his 14th day of this past May, to a group of ments which eventually must be made prediction. But notice that that just physicians in St. Paul, Minnesota. And in a world without fossil fuels. produced a blip in the slide down the these are some of the things he said in And one day, friends, there will be a other side of Hubbert’s peak. And there that speech. And I hope you will pull it world without fossil fuels. Now that is was a lot of oil. Alaska alone for sev- up and read the whole speech because not tomorrow. And we are not running eral years was one-fourth of our total it’s really very insightful and very pro- out of oil. Half of all the oil that will production of oil. phetic. There is nothing man can do to ever be recovered is yet to be recov- This chart is presented by Cambridge rebuild exhausted fossil fuel reserves. ered. What we’re running out of is our Energy Research Associates to con- They were created by solar energy 500 ability to pump this oil as fast as we vince you that M. King Hubbert didn’t million years ago, he says, and took would like to use it. We now are, I be- know what he was talking about. Now eons to grow to their present volume. lieve, at the top of Hubbert’s peak. We if you were a statistician, you might be The world as a whole and our country will have a lot of oil pumped in the fu- convinced. But for the average Amer- included has appeared to behave as if ture, as much as all the oil we have ican, they don’t see this yellow tri- these fossil fuels were inexhaustible. pumped in the past. But it will be ever angle curve being meaningfully dif- The plea now to reduce prices is simply harder and harder to get. Less and less ferent from the green squares. And the to drill more. of it will flow. And it will come at intent of this presentation by CERA What we will see shortly is that, as higher and higher costs. was to convince you that you really everyone will know, if you stop and The next chart really helps us to put shouldn’t believe M. King Hubbert think about it, that oil is finite. It is this in a perspective. I haven’t gone when he predicted that the world was not infinite. There is a limited supply. back the 8,000 years that Hyman Rick- going to be peaking in oil about now The only thing that can be argued is over mentioned. I have gone back only because he was wrong about his pre- how limited is that supply? He says, in 400 years in history because it wouldn’t diction of peaking in 1970. I would the face of the basic fact that fossil matter because if I went back the rest think just about everybody would say, fuels are finite, now our behavior has of the 8,000 years, the use of energy gee, he got it pretty right, didn’t he? been a denial of this reality. In the face would not be as wide as the baseline He predicted this, and this is what it of the basic fact that fossil fuel re- here, and so it would still look like this was, and that seems to follow pretty serves are finite, the exact length of chart. closely. time these reserves will last is impor- This shows the beginning of the In- Now what do we mean by ‘‘peaking?’’ tant in only one regard: The longer dustrial Revolution. It shows that it By ‘‘peaking’’ we mean that the oil they last, the more time do we have to started with wood, then, coal, and then field, the country, the world, whatever invent ways of living off renewable or gas and oil. And wow, did it take off universe you’re looking at, has reached substitute energy sources and to adjust with gas and oil. Now we’re going to its maximum production for producing our economy to the vast changes which see this curve in several other charts. oil. And this happens in each individual we can expect from such a shift. In most of those charts we will have oil field. And that is how M. King Have you noticed anybody anywhere expanded the abscissa, so that this Hubbert was able to so accurately doing what he suggested here? I really curve will look a little different. makes his predictions because he no- love this next paragraph because I What we have here is the incredible ticed in an individual oil field that the think it really describes us, I’m sorry increase in the rate of the use of oil up production of oil increased and in- to say. Fossil fuels resemble capital in through the Carter years. Every decade creased until you reached a high point the bank. A prudent and responsible up through the Carter years we used as at about which half the oil was parent will use his capital sparingly in much oil as we had used in all of pre- pumped, and the last half logically is order to pass on to his children as vious history. Now that is an incredible going to be harder to get than the first much as possible of his inheritance. A statistic. What that means is that half, and so it’s going to be less and selfish and irresponsible parent will when you use half of the oil, that only less oil as you went down the other squander it in riotous living and care 10 years remain. Now that is not going side. He predicted that the United not one whit how his offspring will to be 10 years of increasing rate and States would peak in 1970. We did right fare. I have 10 children, 16 grand- then you’re going to be fall off a cliff, on schedule. children and 2 great grandchildren. because that is not the way we can And then in 1979, he predicted that When I am asked to vote to drill in the pump the oil. the world would be peaking about now. Arctic National Refuge and our public The next chart introduces us to an- And here we have the data from the lands and offshore, I remind them of other reality that we really need to be two entities, the IEA and the EIA, that the fact that I have these children, cognizant of. Not only is there a lim- track the use, production and con- grandchildren and great grandchildren. ited amount of oil in the world, but sumption of oil. And as you can see, And I ask them, wouldn’t it be nice if how it’s distributed in the world is im- they are in reasonable agreement. And I left a little oil for my kids, my portant. The world according to oil. for roughly the past 3 years, oil produc- grandkids and my great grandkids? This is what your planet would look tion in the world has been flat. By the When they appeal to me to vote to drill like if the size of the Nation was rel- way, if they were drawing this chart in these places, I ask them, if you can ative to how much oil it had in re- today, it would be a much taller one. pump ANWR tomorrow, what would serves. Saudi Arabia dominates the They would have to change the scale you do the day after tomorrow? And landscape. It should. It has about 22 for the price of oil because they had it there will be a day after tomorrow. percent, a bit more than one-fifth of all here about $95 a barrel. Now it’s way The next chart is another quote from the reserves in the world. Iraq, Kuwait, off the top of the chart, off 130 some- Hyman Rickover. I suggest that this is Iran, second, third and fourth, have thing dollars a barrel. But these two a good time to think soberly. This is 51 huge amounts of oil. Russia and Ven- curves are still plateaued. years ago. I think this is a good time ezuela have large amounts of oil. Rus- The next chart is a quote from what to think soberly about our responsibil- sia now I think is the number one ex- I think will shortly be recognized as ities to our descendants, those who will porter in the world. They don’t have perhaps the most insightful speech ring out the Fossil Fuel Age. He may the most oil in the world. But they are given in the last century. That speech be the first person that I can find who very aggressively pumping it. We’re was just found a few years ago and was recognizes that there would be a Fossil very aggressively pumping oil by the

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.080 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5789 way. Here we are, the United States, person in 22—and we use 25 percent of you’re looking at that, but let’s as- with 2 percent of the oil in the world, the world’s oil. sume that that’s what it is. and we are producing 8 percent of the As I mentioned before, we pump 8 The difference between what you find oil in the world. percent of the world’s oil, which means and what you’re using is going to have It is an interesting depiction here. It we’re pumping our oil fields four times to be made up by dipping into the re- shows some really interesting things. faster than the average in the world. serves back here. So you make your The first and third largest suppliers of The next chart is one where, if you own judgment as to what the future oil to our country are Canada and Mex- only had one chart to look at, this would look like, and that will depend ico. Mexico just slipped to number 3. chart has more information on it than upon the rate at which we use these re- They used to be number 2. Now that any other chart that I have seen rel- serves and the amount of new reserves has been taken up by Saudi Arabia. ative to oil and relative to where we that we find. But notice that Canada and Mexico to- are and where we’ll probably be. The next chart shows a projection of gether have about as much oil as we. Here is the curve that you saw be- discoveries, which is totally incon- Canada doesn’t have much oil. They fore. It was a very steep curve, do you sistent with the chart we just saw. This can export oil because Canada doesn’t remember? I said that you would see it is a projection of discoveries by the En- have very many people. And Mexico’s in subsequent charts, and here it is ergy Information Agency. This is a people are too poor to use it. So they again. We have really spread it out very interesting and kind of bizarre can export oil. I read one account that here. Before, it went 400 years. Now it thing that has happened. The USGS said within 8 years, Mexico, our third goes 100 years, 1930 to 2030. You will see does some computer modeling, looking largest supplier, will be an importer of here the recession that occurred in the at: Gee, where will we be in the future? oil. Notice that Venezuela dwarfs ev- 1970s. How much oil will we find? They do erything else in our hemisphere. There is an old saying: It is an ill some computer modeling, and they put wind that blows no good. b 1500 a lot of inputs, different ones, into the The good thing that came out of computer, and then they get results Another really interesting thing here those oil price spike hikes in the 1970s out. is the size of China and India. Here was the reality that, gee, we could use They took the mean frequency of they are, China and India, and to- this oil more efficiently. Boy, we’ve that, and they compiled some data gether, they don’t have as much oil as really done that. There was a recession which said that the mean of what we’re the United States, with more than 2.3 that resulted in an actual drop in the going to find—the F, they said—looks billion people and with rapidly growing demand for oil. Then we came out of like this number. Well, somehow, when economies. that recession, and we were focused on that got to the Energy Information Ad- The next chart looks at this distribu- efficiency. Your air conditioner is ministration, that F became a P for tion of oil, where it is in the world an- probably three times as efficient now probability. They make use of that, other way, and you could have seen as it was then, and so is your freezer. which, from a statistician’s perspec- most of this from that chart. Here we So now we are growing our econo- tive, is just bizarre. look at the 10 largest reserves of oil in mies at the same rate we were growing the world. Who owns them? Ninety- them before, actually faster, because They make the statement that the 50 eight percent of those big 10 are owned China and India were not really in- percent probability is the mean—of by countries, not companies. Luke Oil, volved then in using huge amounts of course it is not—and that the 50 per- in Russia, is kind of independent, and energy. Now the growth is much slow- cent probability is more probable than they have only 2 percent. er. So let’s be thankful for those oil the 95 percent probability. This is fair- Now, who produces the oil? price spike hikes in the 1970s, because ly old. This is several years old now, as In this country, we focus on the big 4, it alerted us that we really could do you can see, but they made a pre- and some people think they’re gouging better, and we really are doing better. diction way back here that the 50 per- us. We have legislation now to look at These bars here show when we found cent probability green line is the whether they’re gouging us or not. But the oil, and we found most of it a long amount of oil we were going to find in 78 percent of all of the oil in the world time ago. There were some huge finds the future. We’ve been finding it at this is produced by those in the top 10—this back in the 1950s and some really, real- rate. This is the discovery rate. They is 78 percent of the top 10—by the 98 ly big finds in the 1960s to 1970s. Notice said, somehow, it’s going to turn percent of the top 10 who have the oil. that, from about this point on down, around, and it’s going to go back up The big oil companies produce only 22 from 1980 particularly on down, it’s following that green line. percent of the oil, and the amount of down, down, down, down. This is with The 95 percent probability is the yel- oil that they own isn’t even large ever better techniques for discovering low line there. Well, obviously, 95 per- enough to show up in the top 10. Notice oil—3–D seismic and computer mod- cent probable is more probable than 50 they don’t even show here. eling. On the average, every year, we percent probable, and it’s no surprise The next chart is another way of have found less oil than we’ve found that the actual data points have been looking at these realities. These num- the year before. following the 95 percent probability. bers, by the way, inspired 30 of our Now what will the future look like? The next chart is from one of four re- leading citizens—Boyden Gray and Jim It’s obvious on this chart that, ever ports that your government has paid Woolsey and McFarland and 27 others, since about 1980, we have not found as for and has pretty much ignored. Two who are some retired four-star admi- much oil as we’re using, so now we’ve of these reports came out in 2005. This rals and generals—to write a letter to been dipping into the reserves. This is a quote from the first of those done the President, saying, ‘‘Mr. President, area here, which is volume of oil, has by SAIC, a very large, prestigious, the fact that we have only 2 percent of been made up with using some of the international organization. This was the world’s oil reserves and use 25 per- reserves we found back here. So what paid for by our government. It’s called cent of the world’s oil and import two- will the future look like? There are two the Hirsch Report, after Robert Hirsch, thirds of what we use is an entirely un- things that will determine what the fu- who was a principal investigator on the acceptable national security risk. You ture looks like: report. Another one came out a little really have to do something about One is how much oil we find and the later in 2005 from the Corps of Engi- that.’’ rate at which we use the reserves we neers, and it says essentially the same Subsequent to that, in a State of the already have. thing that this report says. Then in Union message, the President noted Now, you can make a judgment as to 2007, two additional reports came out— very correctly that we’re hooked on how much oil we will find in the future. one from the Government Account- oil. That’s a good analogy. We are as I, personally, wouldn’t have drawn this ability Office and, later in the year, an- hooked on oil as the drug addict is line. It won’t be smooth like that; it other from the National Petroleum hooked on his drug. The President will be up and down, but I wouldn’t Council. made that very clear. We are less than have drawn that line quite that high. I All four of these say essentially the 5 percent of the world’s population—1 think it comes in a little lower if same thing in different words, that the

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.081 H20JNPT1 jbell on PROD1PC69 with HOUSE H5790 CONGRESSIONAL RECORD — HOUSE June 20, 2008 peaking of oil is a certainty; it is ei- that we are going to find as much more are now using a shovel which lifts 100 ther present or imminent with poten- oil as all the reserves that now can be tons. They dump it into a truck which tially devastating consequences. Now, pumped. That’s incredible. You will re- hold 400 tons, and they hook that with that’s the message of all four of these member that chart of the oil that we natural gas, maybe using more energy reports. found going down, down, down. What is than they get out of the oil, but, never This is a quote from the first of those going to turn that around? This chart mind, the natural gas is stranded. By reports: ‘‘World oil peaking is going to assumes that we’re going to find as that we mean that there is not many happen. World production of conven- much more oil as all of the oil that is people to use it. tional oil will reach a maximum and yet to be recovered. This is that curve. Natural gas is very hard to move decline thereafter.’’ I told you you’d see it again in several from one place to another. It’s strand- That happened in our country in 1970. charts. Here it is again, the dip in the ed and so it’s cheap. Economically they It is inevitable. It will happen in the 1970s, and here we are a little after are producing this, I understand $18 to world. Oil is finite. The amount of oil 2000. $25 a barrel and it’s bringing $135 a bar- in the world is not infinite. There will This chart was made a few years ago. rel. That’s a really good profit margin. be a time when we reach the maximum This red line here is the mean of 2 per- But the profit margin you really need production of oil, after which, it is cent growth and 2 percent decline with to be looking at here is the energy going to be harder and harder to get, what they say is the mean, the ex- profit margin. How much energy do and less and less will be available at pected value, of 3 trillion barrels of oil. you put in, and how much energy do ever-increasing costs. That maximum You will see data that varies a little you get out? is called the peak. A number of com- bit, but it is the amount of oil that Well, soon, when they have exploited petent forecasters project peaking most experts believe will ever be this above ground, my understanding is within a decade. Others are less certain pumped. Now, discovered oil that will it ducks under an overlay and then when peaking will occur. There are a ever be pumped is about 2 trillion bar- they are going to have to decide how to lot of things, a lot of complexities, that rels. This has it at 2.28 trillion barrels. develop it in situ. They don’t know yet determine that: Geopolitical things, This predicts we’re going to find, how to do that. the economies of the world. A lot of roughly, 800,000 more barrels. Almost We have in our country huge poten- things affected it. Technology affected half of all of the oil that we have ever tial reserves. It’s not quite oil, but it. found they predict is going to be found with some manipulation it can be made Oil peaking presents a unique chal- in the future. Even if we do that, that into oil. These are the so-called oil lenge. Then they make a statement, a pushes the peaking of oil out, they say, shales of our west. We have there at stunning statement. The world has on this chart to only 2016. Wow, that’s least probably 1.5 trillion barrels of oil never faced a problem like this. You not very far out. again. But, so far, no one has found any cannot go back in history and find any Now, they have another line here economically feasible way to develop precedent for this problem. The world which says, if you extend this growth these potentially enormous reserves. has never faced a problem like this. further and assure that you’re going to Now, we use, in the world, about 84, Without massive mitigation more than have a very rapid decline, then you can 85 or so million barrels of oil a day. In a decade before the fact—and appar- push the point out to 2037. our country we use 21 million barrels of ently from the data we just showed The next chart looks at these same oil a day. Each barrel of that oil—and you, the fact is upon us. Without mas- data. Here, they have, roughly, the 2 when I first saw this number, I couldn’t sive mitigation more than a decade be- trillion again. I told you the numbers believe it—each barrel of that oil has fore the fact, the problem will be per- would vary a little bit. Here is the 2 the energy equivalent of 12 people vasive and will not be temporary. trillion again. This is 1.92 trillion. We working all year. Previous energy transitions—wood to would have peaking about now if that I thought, wow, that can’t be true, coal and coal to oil—were gradual and had occurred. This is from CERA again. just a barrel of oil, 42 gallons. Then I evolutionary. Oil peaking will be ab- CERA believes that we will find as thought how far that gallon of gasoline rupt and revolutionary. The things much oil as all the oil that is yet to be at $4 a gasoline, by the way, still about that have been happening in the last pumped, and they don’t show me fur- the same price as water in the grocery few months are quite revolutionary. I ther on. I have no idea what that curve store, how far that gallon of gasoline was surprised at how quickly food will do and how abruptly it will fall took my Prius. It takes me 48 miles. shortages developed around the world. after that, but even with their pre- Now I can pull my Prius 48 miles, but The next chart is another quote from dictions, they are pushing the peak out that would take a long time with the first of these four reports that your only—well, you can see it here—to come-alongs and cables and guardrails government has paid for: ‘‘The peaking about 2030, which was the peak on the and trees and so forth to pull it along of world oil production presents the other chart. that 28 miles. world with an unprecedented risk man- Unconventional oil. This may be a What that means is that until very agement problem. As peaking has ap- good time to spend just a moment talk- recently, when oil prices spiked up, I proached, liquid fuel prices and price ing about unconventional oil. We, actu- can remember when oil was $10, $12 a volatility will increase dramatically.’’ ally, have some huge reserves of uncon- barrel. When oil was $12 a barrel you Wow, that’s exactly what has hap- ventional oil. could buy the life-style improvement pened, isn’t it? It will increase dra- of one person working for you all year matically. b 1515 for $1. This, I believe, is the 46th time that The most exploitable of these re- At $12 a barrel, one barrel is the work I have come to the floor. I began, I serves is in Canada, it’s the tar sands equivalent of 25,000 man-hours of 12 think, on the eighth day of March in of Canada, and they are huge, 1.5 tril- people. No wonder Hyman Rickover in 2005. When I first came here, oil was 50- lion barrels of oil. That’s more oil po- his speech said that the poorest of peo- couple dollars a barrel. Now it’s about tential there than yet all the oil yet to ple live better than ancient kings. This $135 a barrel. Gasoline, I think, was be recovered in all the fields of the has enabled us to establish an incred- less than $2 a gallon. Now it’s over $4 a world. And they are producing about 1 ible quality of life. gallon. So it is true that these prices million barrels a day. When I look back at this, you know, have increased dramatically. The eco- So why aren’t we sanguine and the I keep asking myself the question, why nomic, social and political costs will be future going to be rosy? Because what didn’t somebody, when we found this unprecedented, they say. they are doing there, they know they incredible wealth under the ground, The next chart—and I show this cannot continue to do it, it’s not sus- stop and ask, what can we do with this chart because it really depicts this tainable. They are using natural gas, to provide the most good for the most very clearly. I have two charts to ad- which will run out, and then they may people for the longest time? dress this problem. I just want to make have to build a nuclear power plant. That is not what we did. What we did the point that drilling for oil is not the They are using water, which is a lim- was no more responsibility than the ultimate solution. This chart assumes ited water supply. I understand they kids who found the cookie jar or the

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.083 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5791 hog who found the feed-room door gentleman for doing this, and I am Mr. BARTLETT of Maryland. Thank open. We have just been pigging out. A pleased to be part of your effort and you, sir. I am honored you came to the lot of my colleagues would like to con- hopefully, as time goes by, this Con- floor to join me. tinue doing that. gress will wake up. Right now, they are Here is a list of the things I have What they want to do is drill. I have not. But you keep doing it and maybe been personally involved in, the Senate 10 kids, 16 grandkids, two great the public will wake them up. 2821, Senators CANTWELL and ENSIGN, grandkids. I want to drill, but I want to Mr. BARTLETT of Maryland. Thank passed it 88–8. It’s a bill that extends use what we get from drilling to invest you, sir. I am really honored you came renewable energy tax credits. in alternatives. My wife has a great— to join me. Our companion bill to that, H.R. 5981, and I see I am joined by a great friend, You mention doing things. The thing simply picks up the Senate bill. If we and I am going to yield to him in just that you mentioned is right on our pass that bill in the House, then it goes a moment—my wife has a great obser- chart here. I was very pleased. I think directly to the President. vation on all of this. She uses that old I may be the only original cosponsor on This is a bill I was just talking about country and western—it’s too late now your bill to drill in ANWR and use all with my good friend, DON YOUNG, re- to do the right thing. of the revenues to invest in alter- newable domestic resources, ANWR, I We have blown 28 years. I say that natives. am happy to be I think the only origi- because by 1980 we knew really well of Because I have said for all the years nal cosigner of that bill. I am honored a certainty that M. King Hubbert was now that I have voted ‘‘no’’ for drilling that he gave me that opportunity. right about the United States peaking in ANWR, that because of my kids, my Peak Oil Caucus and resolution, I in 1970. By 1980 we knew that, no ques- grandkids, and great grandkids and started the Peak Oil Caucus with my tion about it. He predicted in 1979 that their future that I would vote to drill good friend, TOM UDALL. the world would be peaking about now. in ANWR when we used all the reve- H. Res. 12 is a resolution that says I keep asking myself the question, why nues we get from ANWR to invest in al- that the Congress recognizes that there haven’t we done something about it? ternatives. is such a thing as peak oil. I mean, how I thank you, friend, for joining us. I Your bill does that, and so I was can you not recognize that the sun am happy to yield to you. proud to sign on. By the way, I will comes up and the sun comes down. Of Mr. YOUNG of Alaska. I thank the note that there will be some environ- course, there is such a good thing as gentleman for yielding. I want to con- mental impact in ANWR. There is al- peak oil. gratulate the gentleman for bringing ways an environmental impact. When I I proudly supported a new law not this to the floor of the House many go out the door and step on my grass yet fully supported by our administra- times and trying to explain to the pub- there is an environmental impact. But tion, ARPA–E. This is patterned after lic what peak oil mean. I have to say I I think that my walking on the grass is the enormously successful DARPA that was a doubter, and over the period of justified. has brought a lot of things to fruition. time that you have explained this to It’s obviously a trade-off. If you have We wouldn’t have an Internet if it me I became a believer. a dollar and you spend it for a Coca- weren’t for DARPA. We wouldn’t have It looks, as you have said before, as Cola you can’t spend it for a candy bar. pilotless airplanes if it weren’t for the population growth, the consump- So everything we do in life is a trade- DARPA. tion factor and what we have available. off. I think that the environmental I want an ARPA–E. We are going to It’s sad that we haven’t addressed this damages that will be done in ANWR have very limited resources, very lim- issue. will be minimal compared to the ad- ited time. What are we going to invest Now I am one of the ones that be- vantages of our country and our civili- it in? There are some things that busi- lieves in drilling as you mentioned but zation resulting from the monies that nesses with its short sight and the next I also agree with you that now we we are going to spend on the devel- quarterly report just can’t invest should step forward and solve the prob- oping alternatives. money in. That’s what DARPA has lem for the future today. Mr. YOUNG of Alaska. If the gen- been doing for years with such enor- We can do this with all the efforts— tleman will yield just one more time, mous success, just investing in these because if we don’t, like you say, your you are absolutely right. There is noth- things that are really risky but have grandchildren and your great grand- ing that we do that doesn’t have an en- enormous payoff. That’s what DARPA children and possibly your greater vironmental impact. The only thing we has done very successfully. That’s what grandchildren are going to face a great can do to stop having an environ- I hope ARPA–E will do too. dilemma. mental impact is stop living. I voted to increase CAFE standards. I I am confident, as this Congress goes We can face up to that, what can be was driving to work the other day and forth, or the people demanded that we done, and we have done that, is to do it one lane in front of me was an SUV will find solutions to this. But right as safe as possible, and that can be with one person in it. In the lane next now it has been too easy to buy oil done. But the trade-offs, if we don’t to it was a Prius. By the way, I bought from overseas, not realizing we were drill, and take those dollars and put the first one in Congress and the first running out. We got accustomed to it, them in renewable sources of energy, one in Maryland, now driving a second like you say, going to the cookie jar the trade-off is a disaster environ- one. There were two people in the and not looking down the road. mentally. Prius, and I noted to myself, the people Again, I want to thank the gen- I have said this, if you want to see a in that Prius are getting six times the tleman. disaster where they haven’t been able miles per gallon, per person, as com- I mean, you are doing a great favor to develop, as they should, their fossil pared to the people in that SUV. for this Nation to try to awaken the fuels, et cetera, go to the countries We have enormous opportunities for people that, yes, we can drill and we that cut every tree down, because it’s conservation, and there is only one can solve the problem, and we may the only source of power they have. thing that will reduce the price of oil lower the prices temporarily. You go to Ethiopia, you go to other tomorrow. Drilling will not do it, be- But what we ought to be doing is uti- countries of Africa. There is no living cause no oil will flow for years after we lizing some of our oil now and taking thing that can be burning because start drilling. the revenues that are generated and there is no other forms of energy. As a matter of fact, it will make the put it into that—and I reluctantly say That’s what I don’t want to see this problem a bit worse tomorrow, because this—from Alaska, but into the bridge Nation—let’s look for, as you mention, it takes energy to drill, and that will to the future, so that we will have let’s recognize it as an invite. Material simply compete for additional energy. those alternative forms of energy. oil will run out, let’s use the revenues Only one thing will reduce the price of We can move products with other now and plan for the future and have oil tomorrow, and that’s use less of it. than fossil fuels. We can manufacture availability of energy. There are only two ways we will get with other than natural gas. If we do it now, then we are going to there. There are a lot of things that we just be in good shape in the future. Not you One of those the market will provide, must do. Again, I want to thank the and I, but you and your grandkids. and that is if we wait until oil gets so

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.084 H20JNPT1 jbell on PROD1PC69 with HOUSE H5792 CONGRESSIONAL RECORD — HOUSE June 20, 2008 high that it destroys the world’s econo- know of who in a very dramatic way about geothermal where you are hook- mies, and then those economies will called our attention to that. ing your air conditioner to ground tem- collapse and the demand for oil will We will eventually transition. Geol- perature. Gee, do that please because collapse, demand destruction, they call ogy will ensure it. We will transition what you are trying to do in the sum- it, and then the price will drop. That’s from fossil fuels to renewables. We mer when you air condition your house a very painful way to get the price have some finite resources to help us is heat the air outside when it is al- down. do that. We have already talked about ready 100 degrees outside. It is easier to The only other way to get I down, by the tar sands and the oil shales. I have warm up the ground which is 56 de- reducing demand, is to simply volun- no idea how much we will get from grees; and in the wintertime, 56 degrees tarily reduce demand. We have a lot of those. I don’t know how much money I looks pretty warm compared to the 10 opportunities to do that. might win in the lottery, but I don’t degrees it might be outside. Let me run through this chart. I have plot my future on future winnings in But the geothermal I am talking a self-powered farm. If a farm can’t the lottery. And I am going to win no about is tying into the molten core of produce all its own energy and a little money in the lottery because I don’t the earth. They do that in Iceland. I bit left over for somebody else, we are play the lottery. don’t see a single chimney in Iceland. in trouble for the future, aren’t we, as So we need to have a plan B. Coal. In Ocean energy, an incredible amount we run down this other side of this fos- a few minutes I will have a chart that of potential energy in the oceans, but sil fuel curve. looks at coal. We have a lot of coal hard to harness. We are working at it. Tax credits for hybrids, I would like compared to the rest of the world. Our Agricultural resources, soybean and to expand that so that more people fabled 250 years of coal is not really 250 biodiesel. Just a word about those. I would be encouraged to buy them, to years. The National Academy of am a big fan of agriculture. I come give more tax credits for those. Sciences recently looked at it. They from a farming background. I hope Then the DRIVE Act, the DRIVE Act say we haven’t looked at coal since that agriculture will play a meaningful role, but it will not be a huge role. would require that all of our cars, for 1970, and we have been using a lot of The National Academy of Sciences about $100 extra—maybe less than that coal since 1970. They said we now prob- has said that if we used all of our corn ably have 100 years of coal at current with our max production—would be for ethanol and discounted for fossil use rates. But be very careful when flex-fuel cars and they could use any fuel input, it would displace 2.4 percent someone says ‘‘current use rates.’’ fuel. By the way, every car produced in of our gasoline. They said if we used all We have great difficulty in under- Brazil today is a flex-fuel car. They of our soybeans for diesel and dis- standing the exponential function. look just like ours. They cost just a counted for fossil fuel input, it would When Albert Einstein was asked after trifling more to do. Who knows what displace 2.9 percent of our diesel. These nuclear energy, what is going to be the the fuel in the next 16 years will be. A are trifling numbers. fleet turns over every 16 years, rough- next great force in the world? They noted that as far as corn eth- ly. So we ought to be prepared for that. He said the most powerful force in anol is concerned, using all of our corn, We really do need flex fuel cars. the world is the power of compound in- we use only a part and now we are driv- The next chart, and this one points terest. Just 2 percent growth, so ane- ing up the price of corn, wheat and soy- out another reality of the world in mic that our stock market doesn’t like beans because we diverted land, and which we live, and this is who owns the it and it tends to shudder when you droughts drove up the price of rice and oil? Now, we have looked at that an- only have 2 percent growth, 2 percent so now there is hunger around the other way previously, but this looks at growth doubles in 35 years. It is four world and we are partly to blame for the countries that are buying oil. times bigger in 70 years, eight times that. They said that if you tuned up You can see a dollar sign there in a bigger in 105 years, and 16 times bigger your car and put air in your tires, you few places, not very—I have to look to in 140 years. That is just 2 percent could save as much gas as using all of find them, by the way, but I really growth. And so this 100 years at cur- our corn for ethanol. don’t have to look to find the symbols rent use rates could easily shrink to Methanol that you might get from for China. They are everywhere. They 25–30 years with increased use rates. wood, biomass, and the huge interest are everywhere. Then we have nuclear. I am a fan of now that I think is a bit overly opti- They are Russia, they were going to nuclear. It has been very safe. We mistic is on cellulosic ethanol. I am an buy Unocal in our country. They are produce roughly 20 percent of our elec- old dirt farmer. Let me just note some- heavily invested in south—not only are tricity with it. And France produces thing that I think is intuitive. I can’t they buying oil, they are buying good- 75–80 percent with it. We use a light imagine that we would get a whole lot will. Do you need a soccer field? Hos- water reactor using fissile uranium, more energy from our wasteland that pital, how about roads? So China is out and that will run out. Then we can go wasn’t good enough to plant anything there very aggressively buying oil all to breeder reactors and as the name on than we could get from all of our over the world. implies, breed fuel, and we won’t run corn and all of our soybeans which out of that. But we do buy some prob- b 1530 would produce, for corn, replace 2.4 per- lems with that of transporting weapons cent of our gasoline, and for soybeans, The next chart, and I would like to grade material for further use. 2.9 percent of our diesel. I can’t imag- put where we are in context and look But those I think are solvable prob- ine we are going to get a whole lot at all of the power we are using. We lems. The only one that gets us home more than that from our wastelands have been looking just at transpor- free is nuclear fusion. That’s har- that aren’t good enough to grow any- tation. That is where the real chal- nessing the power of the hydrogen thing on. If you want to mine those and lenge comes in the future. bomb. By the way, we have a great nu- rape them of their organic materials This looks at U.S. energy consump- clear fusion plant, it’s called the sun. for the next couple of years, you might tion by sector. Electric power, trans- That is how it produces its energy. get a meaningful amount. But portation, and we have been talking I happily vote for the $250 million a sustainably, at least to some measure, primarily about liquid fuels. So 2 or 3 year that we spend on fusion, but I this year’s weeds grow because last percent of this is produced by diesel, think the odds of commercializing that year’s weeds died and are fertilizing but we are using gas. And gas is not are relatively small. I would be de- them. Now we will get something from thought of as a liquid fuel, but you will lighted if we are able to do that, but I cellulosic ethanol. see the city buses running on gas, and would not count on that. You have to There are two bubbles that have bro- so it is appropriate to look at that. have a plan B. ken already. The first big bubble that Here is transportation, industry, res- Now we look at the renewable was going to be our savior was hydro- idential and commercial. sources. And by and by, all of our en- gen. Remember that one? I think peo- The next chart looks at the reality of ergy will come from sources like these ple figured out that hydrogen is not an the future. It is very obvious that oil is and maybe a couple more that we energy source; it is an energy carrier. finite, that it will not be here forever. might add to it. Solar and wind and You will always use more energy pro- Hyman Rickover was the first that I true geothermal. A lot of people talk ducing hydrogen than you get out of it.

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.085 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5793 Why hydrogen. Because if we have a and notice some of this we can use in manufacturing. I want to do the manu- fuel cell where we can burn it and use cars. In fact, we can use a lot of the facturing here and be a manufacturing it at least twice as efficiently, and coal. Natural gas, buses run on natural and exporting country. We are the when you use hydrogen you get water gas. If you had electric cars, you could most creative, innovative society in and that is pretty clean. So it is a do it with nuclear. And the others are the world. great candidate for a fuel cell. We are much smaller. Hydro is 6 percent a Mr. Speaker, what we need is a pro- at least two decades away from a fuel year or so depending on how much rain gram that has the total commitment of cell. we have. World War II. Everybody in America The second bubble that broke is the The next chart shows electricity gen- needs to be involved. We need to have corn ethanol bubble. I am predicting eration by renewables, and this blows the technology focus of putting a man that the cellulosic ethanol bubble will up the renewables part of it. The wood, on the moon, and we need to have the break. We will get something from cel- wind, waste, geothermal and the solar. urgency of the Manhattan Project. We lulosic ethanol, but it will not be the This is 1 percent up here. The total are capable of that. The American peo- huge amounts people are predicting we amount we use is 100 times higher. So ple are waiting for that. might get. you see solar down there, it is just tri- The solutions that are now suggested Waste to energy, great idea. And fling. I think it will be huge in the fu- to us are only partial solutions. I am there is a good plant here in Mont- ture. The most aggressive country in kind of glad with my 10 kids and 16 gomery County, but what you are burn- the world for solar is Germany, and grandkids and 2 great-grandkids that ing there is largely a waste stream, the they have poor sunlight compared to we didn’t drill every place that we result of profligate use of fossil fuels. the United States. But they recognize might have drilled. Now there is a lit- For the moment it is a good idea; but that they have to do something to tle oil for them, and they will be in- long term in an energy-deficient world, transition. volved in this transition. you are not going to waste so much. The next chart, and I want to spend So I hope, Mr. Speaker, with more Remember, I grew up during the De- just a moment on this chart because knowledge of where we are, that the pression: Waste not, want not. That is the reality is this should have led peo- American people will rally to the chal- certainly not our motto today when ple to understand we weren’t going to lenge and the United States will be you look at our landfills. get all we could want from corn. This what it has been in the past, a leader in Gas hydrates. I want to mention that bottom part, this is the amount of en- technology, and a major manufac- because there is more potential energy ergy that goes into producing corn. Al- turing and exporting country. there than all the other energy sources most half is natural gas that is used to f I have talked about. These are little, make nitrogen fertilizer. Before we frozen modules on the bottom of the learned how to do that, the only nitro- LEAVE OF ABSENCE ocean. There are huge potential gen fertilizer came from barnyard ma- By unanimous consent, leave of ab- amounts of energy there. But let me nure and guano. Guano is the droppings sence was granted to: note that there are huge potential of birds and bats, and if we wait an- Ms. GINNY BROWN-WAITE of Florida amounts of energy in the tides. The other 10–20,000 years, we will have some (at the request of Mr. BOEHNER) for moon lifts the whole ocean two or more. But that is gone now. It was a today on account of a family medical three feet. When I carry two 5-gallon big industry doing that. emergency. buckets of water, they are heavy. The The amount of energy that goes into Mr. JONES of North Carolina (at the problem with that energy and the tides producing ethanol from fossil fuels is request of Mr. BOEHNER) for today on and the problem with the energy in the incredible. This just looks at the en- account of business in the district. gas hydrates is that it is very scattered ergy that goes into producing. Indeed, Mr. TIAHRT (at the request of Mr. and diffuse. Energy to be useful must there are some who believe that we use BOEHNER) for today on account of offi- be concentrated. And we will get some- more energy producing ethanol than cial business. thing out of all of those, but it will not we get out of ethanol. Our Department Mr. WELLER of Illinois (at the request be enormous amounts. of Energy believes it is probably 80 per- of Mr. BOEHNER) for today on account This chart looks at a very interesting cent, and the National Academy of of attending family business. reality, and that is we are very much Sciences use that number, too. Prob- f like the young couple that had their ably 80 percent of the energy that you grandparents die and left them a big get out of ethanol was put in there SPECIAL ORDERS GRANTED inheritance and now they have estab- with fossil fuels. By unanimous consent, permission to lished a lavish lifestyle where 85 per- I would like to put up the chart that address the House, following the legis- cent of all of the money they spend we began our discussion of things that lative program and any special orders comes from their inheritance and only could be done, and I would like to say heretofore entered, was granted to: 15 percent from their salary. And they in my closing moments that I feel very (The following Members (at the re- look at the inheritance, and it is going exhilarated by this. There is no exhila- quest of Ms. WOOLSEY) to revise and ex- to run out before they retire, and so ration like the exhilaration of meeting tend their remarks and include extra- obviously they have to do something. and overcoming a big challenge. This is neous material:) They have to spend less or make more. a huge challenge. The American people Ms. WOOLSEY, for 5 minutes, today. That is precisely where we are because are the most creative, innovative peo- Ms. KAPTUR, for 5 minutes, today. 85 percent of all of the energy that we ple in the world. If they really under- Mr. DEFAZIO, for 5 minutes, today. use comes from fossil fuels, coal, petro- stood what we needed to do, they would Mr. SCHIFF, for 5 minutes, today. leum and natural gas; only 15 percent do what the people of my generation Mr. MCDERMOTT, for 5 minutes, from renewables, a bit more than half did, and I am 82 years old. I was born in today. of that from nuclear. Here are the re- 1926. I lived through World War II. Ev- Mr. KAGEN, for 5 minutes, today. newables we saw on the other chart. erybody had a victory garden. We had Mr. HOLT, for 5 minutes, today. This is 7 percent. So solar was 1 per- Daylight Savings Time so you could (The following Members (at the re- cent of 7 percent; so 0.07 percent. Big work another hour in the victory gar- quest of Mr. CAMPBELL of California) to deal. den. We didn’t do that because some- revise and extend their remarks and in- And I am a big fan of solar and it is body told us we had to, we did it be- clude extraneous material:) growing at 30 percent a year, but when cause we knew we needed to do that. Mr. MCCOTTER, for 5 minutes, today. you use 21 million barrels of oil a day, I think the American people, prop- Mr. REICHERT, for 5 minutes, today. that is an incredible amount of energy. erly challenged, if they really under- Mr. POE, for 5 minutes, June 27. It is a huge challenge to find alter- stood the challenge, I think the Amer- Mr. JONES of North Carolina, for 5 natives that will produce that amount ican people would rally, and I think we minutes, June 27. of energy. could once again become a major ex- Mr. CAMPBELL of California, for 5 The next chart shows us the U.S. porting country, not just exporting minutes, today. electricity generated by fuel source, ideas to other people who then do the Mr. SHIMKUS, for 5 minutes, today.

VerDate Aug 31 2005 02:45 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.086 H20JNPT1 jbell on PROD1PC69 with HOUSE H5794 CONGRESSIONAL RECORD — HOUSE June 20, 2008 Mr. BRADY of Texas, for 5 minutes, OATH FOR ACCESS TO CLASSIFIED Johnson, Jr., Sam Johnson, Timothy V. today. INFORMATION Johnson, Stephanie Tubbs Jones, Walter B. Jones, Jim Jordan, Steve Kagen, Paul E. Mr. BURTON of Indiana, for 5 minutes, Under clause 13 of rule XXIII, the fol- Kanjorski, Marcy Kaptur, Ric Keller, Pat- June 27. lowing Members executed the oath for rick J. Kennedy, Dale E. Kildee, Carolyn C. f access to classified information: Kilpatrick, Ron Kind, Peter T. King, Steve Neil Abercrombie, Gary L. Ackerman, Rob- King, Jack Kingston, Mark Steven Kirk, Ron SENATE BILL AND CONCURRENT ert B. Aderholt, W. Todd Akin, Rodney Alex- Klein, John Kline, Joe Knollenberg, John R. ‘‘Randy’’ Kuhl, Jr., Ray LaHood, Doug ander, Thomas H. Allen, Jason Altmire, Rob- RESOLUTION REFERRED Lamborn, Nick Lampson, James R. ert E. Andrews, Michael A. Arcuri, Joe Baca, Langevin, Tom Lantos, Rick Larsen, John B. A bill and a concurrent resolution of Michele Bachmann, Spencer Bachus, Brian Larson, Tom Latham, Steven C. LaTourette, the Senate of the following titles were Baird, Richard H. Baker, Tammy Baldwin, J. taken from the Speaker’s table and, Robert E. Latta, Barbara Lee, Sander M. Gresham Barrett, John Barrow, Roscoe G. Levin, Jerry Lewis, John Lewis, Ron Lewis, under the rule, referred as follows: Bartlett, Joe Barton, Melissa L. Bean, Xa- John Linder, Daniel Lipinski, Frank A. S. 2607. An act to make a technical correc- vier Becerra, Shelley Berkley, Howard L. LoBiondo, David Loebsack, Zoe Lofgren, tion to section 3009 of the Deficit Reduction Berman, Marion Berry, Judy Biggert, Brian Nita M. Lowey, Frank D. Lucas, Daniel E. Act of 2005; to the Committee on Energy and P. Bilbray, Gus M. Bilirakis, Rob Bishop, Lungren, Stephen F. Lynch, Carolyn McCar- Commerce. Sanford D. Bishop, Jr., Timothy H. Bishop, thy, Kevin McCarthy, Michael T. McCaul, S. Con. Res. 91. Concurrent resolution hon- Marsha Blackburn, Earl Blumenauer, Roy Betty McCollum, Thaddeus G. McCotter, Jim oring Army Specialist Monica L. Brown, of Blunt, John A. Boehner, Jo Bonner, Mary McCrery, James P. McGovern, Patrick T. Lake Jackson, Texas, extending gratitude to Bono, John Boozman, Madeleine Z. Bordallo, McHenry, John M. McHugh, Mike McIntyre, her and her family, and pledging continuing Dan Boren, Leonard L. Boswell, Rick Bou- Howard P. ‘‘Buck’’ McKeon, Cathy McMorris support for the men and women of the cher, Charles W. Boustany, Jr., Allen Boyd, Rodgers, Jerry McNerney, Michael R. United States Armed Forces, to the Com- Nancy E. Boyda, Kevin Brady, Robert A. McNulty, Connie Mack, Tim Mahoney, Caro- mittee on Armed Services. Brady, Bruce L. Braley, Paul C. Broun, lyn B. Maloney, Donald A. Manzullo, Kenny Corrine Brown, Henry E. Brown, Jr., Ginny Marchant, Edward J. Markey, Jim Marshall, f Brown-Waite, Vern Buchanan, Michael C. Jim Matheson, Doris O. Matsui, Martin T. Burgess, Dan Burton, G. K. Butterfield, Meehan, Kendrick B. Meek, Gregory W. ENROLLED BILLS SIGNED Steve Buyer, Ken Calvert, Dave Camp, John Meeks, Charlie Melancon, John L. Mica, Mi- Ms. Lorraine C. Miller, Clerk of the Campbell, Chris Cannon, Eric Cantor, Shel- chael H. Michaud, Juanita Millender-McDon- House, reported and found truly en- ley Moore Capito, Lois Capps, Michael E. ald, Brad Miller, Candice S. Miller, Gary G. Capuano, Dennis A. Cardoza, Russ Carnahan, rolled bills of the House of the fol- Miller, Jeff Miller, Harry E. Mitchell, Alan Christopher P. Carney, Andre´ Carson, Julia B. Mollohan, Dennis Moore, Gwen Moore, lowing titles, which were thereupon Carson, John R. Carter, Michael N. Castle, James P. Moran, Jerry Moran, Christopher signed by the Speaker: Kathy Castor, Donald J. Cazayoux, Jr., Steve S. Murphy, Patrick J. Murphy, Tim Murphy, H.R. 634. An act to require the Secretary of Chabot, Ben Chandler, Travis W. Childers, John P. Murtha, Marilyn N. Musgrave, Sue the Treasury to mint coins in commemora- Donna M. Christensen, Yvette D. Clarke, Wilkins Myrick, Jerrold Nadler, Grace F. tion of veterans who became disabled for life Wm. Lacy Clay, Emanuel Cleaver, James E. Napolitano, Richard E. Neal, Randy while serving in the Armed Forces of the Clyburn, Howard Coble, Steve Cohen, Tom Neugebauer, Eleanor Holmes Norton, Charlie United States. Cole, K. Michael Conaway, John Conyers, Norwood, Devin Nunes, James L. Oberstar, H.R. 814. An act to require the Consumer Jr., Jim Cooper, Jim Costa, Jerry F. David R. Obey, John W. Olver, Solomon P. Product Safety Commission to issue regula- Costello, Joe Courtney, Robert E. (Bud) Ortiz, Frank Pallone, Jr., Bill Pascrell, Jr., tions mandating child-resistant closures on Cramer, Jr., Ander Crenshaw, Joseph Crow- Ed Pastor, Ron Paul, Donald M. Payne, all portable gasoline containers. ley, Barbara Cubin, Henry Cuellar, John Stevan Pearce, Nancy Pelosi, Mike Pence, H.R. 5778. An act to preserve the independ- Abney Culberson, Elijah E. Cummings, Artur Ed Perlmutter, Collin C. Peterson, John E. ence of the District of Columbia Water and Davis, Danny K. Davis, David Davis, Geoff Peterson, Thomas E. Petri, Charles W. Sewer Authority. Davis, Jo Ann Davis, Lincoln Davis, Susan ‘‘Chip’’ Pickering, Joseph R. Pitts, Todd A. Davis, Tom Davis, Nathan Deal, Peter A. Russell Platts, Ted Poe, Earl Pomeroy, Jon f DeFazio, Diana DeGette, William D. C. Porter, David E. Price, Tom Price, Debo- Delahunt, Rosa L. DeLauro, Charles W. Dent, rah Pryce, Adam H. Putnam, George Radan- SENATE ENROLLED BILLS SIGNED Lincoln Diaz-Balart, Mario Diaz-Balart, Nor- ovich, Nick J. Rahall II, Jim Ramstad, The Speaker announced here signa- man D. Dicks, John D. Dingell, Lloyd Charles B. Rangel, Ralph Regula, Dennis R. ture to enrolled bills of the Senate of Doggett, Joe Donnelly, John T. Doolittle, Rehberg, David G. Reichert, Rick Renzi, Michael F. Doyle, Thelma D. Drake, David Silvestre Reyes, Thomas M. Reynolds, Laura the following titles: Dreier, John J. Duncan, Jr., Chet Edwards, Richardson, Ciro D. Rodriguez, Harold Rog- S. 188. An act to revise the short title of Donna F. Edwards, Vernon J. Ehlers, Keith ers, Mike Rogers, Mike Rogers, Dana Rohr- the Fannie Lou Hamer, Rosa Parks, and Ellison, Brad Ellsworth, Rahm Emanuel, Jo abacher, Peter J. Roskam, Ileana Ros- Coretta Scott King Voting Rights Act Reau- Ann Emerson, Eliot L. Engel, Phil English, Lehtinen, Mike Ross, Steven R. Rothman, thorization and Amendments Act of 2006. Anna G. Eshoo, Bob Etheridge, Terry Ever- Lucille Roybal-Allard, Edward R. Royce, C. S. 254. To award posthumously a Congres- ett, Eni F. H. Faleomavaega, Mary Fallin, A. Dutch Ruppersberger, Bobby L. Rush, sional gold medal to Constantino Brumidi. Sam Farr, Chaka Fattah, Tom Feeney, Mike Paul Ryan, Tim Ryan, John T. Salazar, Bill S. 682. To award a congressional gold Ferguson, Bob Filner, Jeff Flake, J. Randy Sali, Linda T. Sa´ nchez, Loretta Sanchez, medal to Edward William Brooke III in rec- Forbes, Jeff Fortenberry, Luis G. Fortun˜ o, John P. Sarbanes, Jim Saxton, Steve ognition of his unprecedented and enduring Vito Fossella, Bill Foster, Virginia Foxx, Scalise, Janice D. Schakowsky, Adam B. service to our Nation. Barney Frank, Trent Franks, Rodney P. Schiff, Jean Schmidt, Allyson Y. Schwartz, S. 1692. An act to grant a Federal charter Frelinghuysen, Elton Gallegly, Scott Gar- David Scott, Robert C. ‘‘Bobby’’ Scott, F. to Korean War Veterans Association, Incor- rett, Jim Gerlach, Gabrielle Giffords, Wayne James Sensenbrenner, Jr., Jose´ E. Serrano, porated. T. Gilchrest, Kirsten E. Gillibrand, Paul E. Pete Sessions, Joe Sestak, John B. Shadegg, S. 2146. To authorize the Administrator of Gillmor, Phil Gingrey, Louie Gohmert, Christopher Shays, Carol Shea-Porter, Brad the Environmental Protection Agency to ac- Charles A. Gonzalez, Virgil H. Goode, Jr., Sherman, John Shimkus, Heath Shuler, Bill cept, as part of a settlement, diesel emission Bob Goodlatte, Bart Gordon, Kay Granger, Shuster, Michael K. Simpson, Albio Sires, reduction Supplemental Environmental Sam Graves, Al Green, Gene Green, Rau´ l M. Ike Skelton, Louise McIntosh Slaughter, Projects, and for other purposes. Grijalva, Luis V. Gutierrez, John J. Hall, Adam Smith, Adrian Smith, Christopher H. Ralph M. Hall, Phil Hare, Jane Harman, J. Smith, Lamar Smith, Vic Snyder, Hilda L. f Dennis Hastert, Alcee L. Hastings, Doc Solis, Mark E. Souder, Zachary T. Space, ADJOURNMENT Hastings, Robin Hayes, Dean Heller, Jeb John M. Spratt, Jr., Jackie Speier, Cliff Hensarling, Wally Herger, Stephanie Stearns, Bart Stupak, John Sullivan, Betty Mr. BARTLETT of Maryland. Mr. Herseth, Brian Higgins, Baron P. Hill, Mau- Sutton, Thomas G. Tancredo, John S. Tan- Speaker, I move that the House do now rice D. Hinchey, Ruben Hinojosa, Mazie K. ner, Ellen O. Tauscher, Gene Taylor, Lee adjourn. Hirono, David L. Hobson, Paul W. Hodes, Terry, Bennie G. Thompson, Mike Thomp- The motion was agreed to; accord- Peter Hoekstra, Tim Holden, Rush D. Holt, son, Mac Thornberry, Todd Tiahrt, Patrick ingly (at 3 o’clock and 45 minutes Michael M. Honda, Darlene Hooley, Steny H. J. Tiberi, John F. Tierney, Edolphus Towns, Hoyer, Kenny C. Hulshof, Duncan Hunter, Niki Tsongas, Michael R. Turner, Mark p.m.), under its previous order, the Bob Inglis, Jay Inslee, Steve Israel, Darrell Udall, Tom Udall, Fred Upton, Chris Van House adjourned until Monday, June E. Issa, Jesse L. Jackson, Jr., Sheila Jack- Hollen, Nydia M. Vela´ zquez, Peter J. Vis- 23, 2008, at 12:30 p.m., for morning-hour son-Lee, William J. Jefferson, Bobby Jindal, closky, Tim Walberg, Greg Walden, James T. debate. Eddie Bernice Johnson, Henry C. ‘‘Hank’’ Walsh, Timothy J. Walz, Zach Wamp, Debbie

VerDate Aug 31 2005 04:06 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K20JN7.089 H20JNPT1 jbell on PROD1PC69 with HOUSE June 20, 2008 CONGRESSIONAL RECORD — HOUSE H5795 Wasserman Schultz, Maxine Waters, Diane 7243. A letter from the Director, Regu- mitting the report entitled ‘‘Third Report to E. Watson, Melvin L. Watt, Henry A. Wax- latory Management Division, Environmental Congress on the Evaluation of the Medicare man, Anthony D. Weiner, Peter Welch, Dave Protection Agency, transmitting the Agen- Coordinated Care Demonstration’’ in re- Weldon, Jerry Weller, Lynn A. Westmore- cy’s final rule — Standards of Performance sponse to the requirements Section 4016(c) of land, Robert Wexler, Ed Whitfield, Roger F. for Equipment Leaks of VOC in the Syn- Public Law 105-33, the Balanced Budget Act Wicker, Charles A. Wilson, Heather Wilson, thetic Organic Chemicals Manufacturing In- of 1997; jointly to the Committees on Energy Joe Wilson, Robert J. Wittman, Frank R. dustry; Standards of Performance for Equip- and Commerce and Ways and Means. Wolf, Lynn C. Woolsey, David Wu, Albert ment Leaks VOC in Petroleum Refineries 7253. A letter from the Associate General Russell Wynn, John A. Yarmuth, C. W. Bill [EPA-HQ-OAR-2006-0699; FRL-8568-8] (RIN: Counsel, Government Accountability Office, Young, Don Young. 2060-AO90) received May 19, 2008, pursuant to transmitting the Office’s report on a major 5 U.S.C. 801(a)(1)(A); to the Committee on f rule promulgated by the Department of Energy and Commerce. Health and Human Services, Centers for EXECUTIVE COMMUNICATIONS, 7244. A letter from the Director, Regu- Medicare and Medicaid Services, entitled ETC. latory Management Division, Environmental ‘‘Medicare Program; Inpatient Psychiatric Protection Agency, transmitting the Agen- Under clause 8 of rule XII, executive Facilities Prospective Payment System Up- cy’s final rule — Standards of Performance date for Rate Year Beginning July 1, 2008 communications were taken from the for Equipment Leaks of VOC in the Syn- (RY 2009),’’ pursuant to 5 U.S.C. 801(a)(2)(A); Speaker’s table and referred as follows: thetic Organic Chemicals Manufacturing In- jointly to the Committees on Energy and 7235. A letter from the Administrator, De- dustry; Standards of Performance for Equip- Commerce and Ways and Means. partment of Agriculture, transmitting the ment Leaks of VOC in Petroleum Refineries 7254. A letter from the Chairman, Medicare Department’s final rule — Dairy Product [EPA-HQ-OAR-2006-0699; FRL-8569-1] (RIN: Payment Advisory Commission, transmit- Mandatory Reporting [Doc. #AMS-DA-07- 2060-AO90) received May 19, 2008, pursuant to ting a copy of the Commission’s ‘‘June 2008 0047; DA-06-07] (RIN: 0581-AC66) received June 5 U.S.C. 801(a)(1)(A); to the Committee on Report to the Congress: Reforming the Deliv- 17, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to Energy and Commerce. ery System’’; jointly to the Committees on the Committee on Agriculture. 7245. A letter from the Director, Regu- Energy and Commerce and Ways and Means. 7236. A letter from the Director, Regu- latory Management Division, Environmental 7255. A letter from the Secretary, Depart- latory Management Division, Environmental Protection Agency, transmitting the Agen- ment of Transportation, transmitting a copy Protection Agency, transmitting the Agen- cy’s final rule — Designation of Areas for Air of a draft bill, ‘‘To authorize certain mari- cy’s final rule — Fenoxaprop-ethyl; Pesticide Quality Planning Purposes; California; Ven- time programs of the Department of Trans- Tolerances for Emergency Exemptions [EPA- tura Ozone Nonattainment Area; Reclassi- portation, and for other purposes’’; jointly to HQ-OPP-2007-1107; FRL-8366-6] received June fication to Serious [EPA-R09-OAR-2008-0435; the Committees on Transportation and In- 13, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to FRL-8568-3] received May 19, 2008, pursuant frastructure, Armed Services, Ways and the Committee on Agriculture. to 5 U.S.C. 801(a)(1)(A); to the Committee on Means, and Natural Resources. 7237. A letter from the Director, Regu- Energy and Commerce. f latory Management Division, Environmental 7246. A letter from the Director, Regu- Protection Agency, transmitting the Agen- latory Management Division, Environmental REPORTS OF COMMITTEES ON cy’s final rule — Flutolanil; Pesticide Toler- Protection Agency, transmitting the Agen- PUBLIC BILLS AND RESOLUTIONS cy’s final rule — Clean Air Act Approval and ances [EPA-HQ-OPP-2007-1021; FRL-8365-6] Under clause 2 of rule XIII, reports of received June 9, 2008, pursuant to 5 U.S.C. Promulgation of Air Quality Implementa- 801(a)(1)(A); to the Committee on Agri- tion Plan Revision for North Dakota; Revi- committees were delivered to the Clerk culture. sions to the Air Pollution Control Rules and for printing and reference to the proper 7238. A letter from the Director, Regu- Alternative Monitoring Plan for Mandan Re- calendar, as follows: finery; Delegation of Authority for New latory Management Division, Environmental Mr. CONYERS: Committee on the Judici- Source Performance Standards [EPA-R08- Protection Agency, transmitting the Agen- ary. H.R. 4044. A bill to amend the Bank- OAR-2007-0617; FRL-8570-2] received May 19, cy’s final rule — Approval and Promulgation ruptcy Abuse Prevention and Consumer Pro- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Implementation Plans; State of Missouri tection Act of 2005 to exempt from the means [EPA-R07-OAR-2008-0392; FRL-8581-9] re- Committee on Energy and Commerce. 7247. A letter from the Associate General test in bankruptcy cases, for a limited pe- ceived June 13, 2008, pursuant to 5 U.S.C. Counsel, Government Accountability Office, riod, qualifying reserve-component members 801(a)(1)(A); to the Committee on Energy and transmitting the Office’s report on a major who, after September 11, 2001, are called to Commerce. rule promulgated by the Environmental Pro- active duty or to perform a homeland de- 7239. A letter from the Director, Regu- tection Agency, entitled ‘‘Control of Emis- fense activity for not less than 60 days; with latory Management Division, Environmental sions of Air Pollution From Locomotive En- an amendment (Rept. 110–726). Referred to Protection Agency, transmitting the Agen- gines and Marine Compression-Ignition En- the Committee of the Whole House on the cy’s final rule — Approval and Promulgation gines Less Than 30 Liters per Cylinder,’’ pur- State of the Union. of Implementation Plans; State of Missouri suant to 5 U.S.C. 801(a)(2)(A); to the Com- Mr. OBERSTAR: Committee on Transpor- [EPA-R07-OAR-2008-0342; FRL-8581-7] re- mittee on Energy and Commerce. tation and Infrastructure. H.R. 6052. A bill to ceived June 13, 2008, pursuant to 5 U.S.C. 7248. A letter from the Associate General promote increased public transportation use, 801(a)(1)(A); to the Committee on Energy and Counsel, Government Accountability Office, to promote increased use of alternative fuels Commerce. transmitting the Office’s report on a major in providing public transportation, and for 7240. A letter from the Director, Regu- rule promulgated by the Department of other purposes (Rept. 110–727 Pt. 1); ordered latory and Management Division, Environ- Health and Human Services, Food and Drug to be printed. mental Protection Agency, transmitting the Administration, entitled ‘‘Substances Pro- Mr. RANGEL: Committee on Ways and Agency’s final rule — Approval and Promul- hibited From Use in Animal Food or Feed,’’ Means. H.R. 6275. A bill to amend the Inter- gation of Implementation Plans; Alabama; pursuant to 5 U.S.C. 801(a)(2)(A); to the Com- nal Revenue Code of 1986 to provide individ- Prevention of Significant Deterioration and mittee on Energy and Commerce. uals temporary relief from the alternative Nonattainment New Source Review; Correc- 7249. A letter from the Chairman, Nuclear minimum tax, and for other purposes; with tion [R04-OAR-2007-0532-200810(c); FRL-8579-6] Regulatory Commission, transmitting a copy an amendment (Rept. 110–728). Referred to received June 13, 2008, pursuant to 5 U.S.C. of a draft bill that would amend the Atomic the Committee of the Whole House on the 801(a)(1)(A); to the Committee on Energy and Energy Act of 1954 and the Energy Reorga- State of the Union. Commerce. nization Act of 1974; to the Committee on DISCHARGE OF COMMITTEE 7241. A letter from the Director, Regu- Energy and Commerce. Pursuant to clause 2 of rule XII, the latory Management Division, Environmental 7250. A letter from the Chairman, Nuclear Committee on Oversight and Govern- Protection Agency, transmitting the Agen- Regulatory Commission, transmitting the cy’s final rule — Utah: Final Authorization Commission’s report on orders that des- ment Reform discharged from further of State Hazardous Waste Management Pro- ignate new types of information to be pro- consideration. H.R. 6052 referred to the gram Revisions [EPA-R08-RCRA-2006-0127; tected as ‘‘Safeguards Information’’; to the Committee of the Whole House on the FRL-8569-9] received May 19, 2008, pursuant Committee on Energy and Commerce. State of the Union. to 5 U.S.C. 801(a)(1)(A); to the Committee on 7251. A letter from the General Counsel, f Energy and Commerce. National Oceanic and Atmospheric Adminis- 7242. A letter from the Director, Regu- tration, National Oceanic and Atmospheric REPORTED BILL SEQUENTIALLY latory Management Division, Environmental Administration, transmitting the Adminis- REFERRED Protection Agency, transmitting the Agen- tration’s final rule — Civil Procedures Under clause 2 of rule XII, bills and cy’s final rule — Update of Continuous In- [Docket No. 040902252-6040-02; I.D. 092804C] strumental Test Methods: Technical Amend- (RIN: 0648-AS54) received June 16, 2008, pur- reports were delivered to the Clerk for ments [EPA-HQ-OAR-2002-0071; FRL-8568-7] suant to 5 U.S.C. 801(a)(1)(A); to the Com- printing, and bills referred as follows: (RIN: 2060-AP13) received May 19, 2008, pursu- mittee on Natural Resources. H.R. 554. A bill to provide for the protec- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 7252. A letter from the Secretary, Depart- tion of paleontological resources on Federal on Energy and Commerce. ment of Health and Human Services, trans- lands, and for other purposes; with an

VerDate Aug 31 2005 03:48 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.015 H20JNPT1 jbell on PROD1PC69 with HOUSE H5796 CONGRESSIONAL RECORD — HOUSE June 20, 2008 amendment; referred to the Committee on determined by the Speaker, in each case for By Ms. KILPATRICK (for herself, Mr. Judiciary for a period ending not later than consideration of such provisions as fall with- COHEN, and Mr. BACA): July 18, 2008, for consideration of such provi- in the jurisdiction of the committee con- H.R. 6337. A bill to amend the Public sions of the bill and amendment as fall with- cerned. Health Service Act to attract and retain in the jurisdiction of that committee pursu- By Mr. RANGEL (for himself and Mr. trained health care professionals and direct ant to clause 1(k), rule X. DINGELL): care workers dedicated to providing quality H.R. 6331. A bill to amend titles XVIII and care to the growing population of older f XIX of the Social Security Act to extend ex- Americans; to the Committee on Energy and TIME LIMITATION OF REFERRED piring provisions under the Medicare Pro- Commerce. BILL gram, to improve beneficiary access to pre- By Mr. KLEIN of Florida (for himself, ventive and mental health services, to en- Mr. MILLER of Florida, Mr. HASTINGS Pursuant to clause 2 of rule XII the hance low-income benefit programs, and to of Florida, Mr. BOYD of Florida, Mr. following action was taken by the maintain access to care in rural areas, in- WEXLER, Ms. WASSERMAN SCHULTZ, Speaker: cluding pharmacy access, and for other pur- Mr. MACK, Ms. GINNY BROWN-WAITE of Florida, Mr. MARIO DIAZ-BALART of H.R. 554. Referral to the Committee on Ag- poses; to the Committee on Energy and Com- Florida, Mr. YOUNG of Florida, Ms. riculture extended for a period ending not merce, and in addition to the Committee on ROS-LEHTINEN, Ms. CORRINE BROWN of later than July 18, 2008. Ways and Means, for a period to be subse- quently determined by the Speaker, in each Florida, Mr. CRENSHAW, Mr. STEARNS, f case for consideration of such provisions as Mr. BILIRAKIS, Ms. CASTOR, Mr. BU- CHANAN, Mr. KELLER, Mr. MAHONEY of PUBLIC BILLS AND RESOLUTIONS fall within the jurisdiction of the committee concerned. Florida, Mr. WELDON of Florida, Mr. Under clause 2 of rule XII, public By Mr. CLYBURN (for himself, Mr. MEEK of Florida, Mr. LINCOLN DIAZ- bills and resolutions were introduced GEORGE MILLER of California, Mr. BALART of Florida, Mr. FEENEY, and and severally referred, as follows: ABERCROMBIE, Mr. BECERRA, Mr. Mr. MICA): BISHOP of Georgia, Ms. CORRINE H.R. 6338. A bill to designate the facility of By Mr. RANGEL (for himself, Mr. BROWN of Florida, Mr. CARDOZA, Mrs. the United States Postal Service located at OBERSTAR, Mr. COSTELLO, Mr. MICA, CHRISTENSEN, Mr. CLAY, Mr. CON- 4233 West Hillsboro Boulevard in Coconut Mr. PETRI, and Mr. BLUMENAUER): Creek, Florida, as the ‘‘Army SPC Daniel YERS, Mr. CUMMINGS, Mr. DAVIS of Il- H.R. 6327. A bill to amend the Internal Rev- Agami Post Office Building‘‘; to the Com- linois, Mr. FALEOMAVAEGA, Mr. GON- enue Code of 1986 to extend the funding and mittee on Oversight and Government Re- ZALEZ, Mr. GUTIERREZ, Mr. HINOJOSA, expenditure authority of the Airport and form. Mr. HONDA, Ms. JACKSON-LEE of Airway Trust Fund, and for other purposes; By Ms. ZOE LOFGREN of California Texas, Ms. EDDIE BERNICE JOHNSON of to the Committee on Ways and Means, and in (for herself, Mr. VAN HOLLEN, Mr. Texas, Mrs. JONES of Ohio, Ms. LEE, addition to the Committee on Transpor- MORAN of Virginia, Mr. TOM DAVIS of Ms. MATSUI, Mr. MEEKS of New York, tation and Infrastructure, for a period to be Virginia, Ms. NORTON, and Mr. Mrs. NAPOLITANO, Mr. BACA, Mr. BER- subsequently determined by the Speaker, in HOYER): MAN, Ms. BORDALLO, Mr. each case for consideration of such provi- H.R. 6339. A bill to amend title 5, United BUTTERFIELD, Mr. CARSON, Ms. sions as fall within the jurisdiction of the States Code, to provide additional leave for CLARKE, Mr. CLEAVER, Mr. COSTA, Mr. committee concerned. Federal employees to serve as poll workers, DAVIS of Alabama, Mr. ELLISON, Mr. By Mr. BERMAN (for himself, Mr. ACK- and to direct the Election Assistance Com- FATTAH, Mr. AL GREEN of Texas, Mr. ERMAN, Mr. DELAHUNT, Mr. SHAYS, mission to make grants to States for poll HASTINGS of Florida, Ms. HIRONO, Mr. and Ms. ZOE LOFGREN of California): worker recruitment and training; to the JACKSON of Illinois, Mr. JEFFERSON, H.R. 6328. A bill to develop a policy to ad- Committee on Oversight and Government Mr. JOHNSON of Georgia, Ms. KIL- dress the critical needs of Iraqi refugees; to Reform, and in addition to the Committee on PATRICK, Mr. LEWIS of Georgia, Mr. the Committee on Foreign Affairs. House Administration, for a period to be sub- MEEK of Florida, Ms. MOORE of Wis- By Mrs. CUBIN: sequently determined by the Speaker, in consin, Ms. NORTON, Mr. ORTIZ, Mr. H.R. 6329. A bill to expedite the construc- each case for consideration of such provi- PAYNE, Ms. RICHARDSON, Ms. ROYBAL- tion of new refining capacity on brownfield sions as fall within the jurisdiction of the ALLARD, Mr. SALAZAR, Ms. LORETTA sites in the United States, and for other pur- committee concerned. SANCHEZ of California, Ms. LINDA T. poses; to the Committee on Energy and Com- By Mrs. LOWEY (for herself, Mr. KING SA´ NCHEZ of California, Mr. SCOTT of of New York, Mr. FOSSELLA, Mr. merce, and in addition to the Committee on Georgia, Mr. SERRANO, Ms. SOLIS, Ms. MCNULTY, Mr. REYNOLDS, Mr. TOWNS, Ways and Means, for a period to be subse- VELA´ ZQUEZ, Ms. WATSON, Mr. WU, Mr. Mr. MCHUGH, Mr. KUHL of New York, quently determined by the Speaker, in each PASTOR, Mr. RANGEL, Mr. RODRIGUEZ, Mr. ENGEL, Mr. WALSH of New York, case for consideration of such provisions as Mr. RUSH, Ms. SCHAKOWSKY, Mr. Ms. CLARKE, Mr. BISHOP of New York, fall within the jurisdiction of the committee SCOTT of Virginia, Mr. SIRES, Mr. Mr. ACKERMAN, Mr. SERRANO, Ms. concerned. THOMPSON of Mississippi, Ms. WA- VELA´ ZQUEZ, Mr. ISRAEL, Mr. WEINER, By Mr. STUPAK (for himself, Mr. TERS, and Mr. WATT): Mrs. MALONEY of New York, Mrs. LARSON of Connecticut, Mr. MCHUGH, H.R. 6332. A bill to authorize additoinal ap- GILLIBRAND, Mr. CROWLEY, Mr. Mr. ALLEN, Mr. UDALL of Colorado, propriations for summer youth employment ARCURI, Mr. HINCHEY, Mr. RANGEL, Mr. CARNEY, Mr. KILDEE, Ms. SUTTON, activities under the Workforce Invesment Mr. HALL of New York, Mrs. MCCAR- Mr. HINCHEY, Mr. COURTNEY, Mr. Act of 1998 for fiscal years 2008 and 2009; to THY of New York, Mr. MEEKS of New DONNELLY, Mr. ALTMIRE, Mr. FATTAH, the Committee on Education and Labor. York, Ms. SLAUGHTER, Mr. NADLER, Ms. SCHWARTZ, Mr. DEFAZIO, Mr. VIS- By Mr. FRANK of Massachusetts (for and Mr. HIGGINS): CLOSKY, Mr. WELCH of Vermont, Mrs. himself, Mr. NEAL of Massachusetts, H.R. 6340. A bill to designate the Federal DAVIS of California, Mr. BISHOP of Mr. CAPUANO, Mr. KANJORSKI, and Mr. building and United States Courthouse lo- New York, Ms. SCHAKOWSKY, Ms. CLEAVER): cated at 300 Quarropas Street in White SLAUGHTER, Mr. INSLEE, Mrs. CAPPS, H.R. 6333. A bill to amend the Internal Rev- Plains, New York, as the ‘‘Charles L. Mr. BAIRD, Mr. THOMPSON of Cali- enue Code of 1986 to modify the limitations Brieant, Jr. Federal Building and United fornia, Ms. HIRONO, Mr. WILSON of on the deduction of interest by financial in- States Courthouse‘‘; to the Committee on Ohio, Mr. MCGOVERN, Mr. CHANDLER, stitutions which hold tax-exempt bonds; to Transportation and Infrastructure. Mrs. MCCARTHY of New York, Mr. the Committee on Ways and Means. By Mr. VAN HOLLEN (for himself, Ms. MICHAUD, Mr. HILL, Mr. PATRICK By Mr. ETHERIDGE: DELAURO, Ms. SUTTON, Mr. WEXLER, MURPHY of Pennsylvania, Ms. RICH- H.R. 6334. A bill to provide energy price re- Mr. SCHIFF, Mr. BECERRA, Mr. WELCH ARDSON, Mr. HODES, Mr. BLUMENAUER, lief by authorizing greater resources and au- of Vermont, Mr. HIGGINS, Mr. Mr. GRIJALVA, Mr. PASCRELL, Mr. thority for the Commodity Futures Trading DELAHUNT, and Mr. GRIJALVA): ROSS, Ms. SOLIS, Mr. DOYLE, Ms. Commission, and for other purposes; to the H.R. 6341. A bill to amend the Commodity BALDWIN, Mr. CONYERS, Mr. Committee on Agriculture. Exchange Act to provide for regulation of en- DELAHUNT, Mr. PASTOR, and Mr. By Ms. CORRINE BROWN of Florida: ergy derivatives, and for other purposes; to CAPUANO): H.R. 6335. A bill to provide for the transfer the Committee on Agriculture. H.R. 6330. A bill to provide for regulation of to the Government of Haiti of the real prop- By Mr. WILSON of Ohio (for himself, certain transactions involving energy com- erty of the former United States Embassy in Mr. KUCINICH, Mr. RYAN of Ohio, Mr. modities, to strengthen the enforcement au- Port-au-Prince, Haiti; to the Committee on HOBSON, Mrs. SCHMIDT, Mr. REGULA, thorities of the Federal Energy Regulatory Foreign Affairs. Ms. SUTTON, Mr. SPACE, Ms. PRYCE of Commission under the Natural Gas Act and By Mr. DELAHUNT: Ohio, Ms. KAPTUR, Mr. LATOURETTE, the Federal Power Act, and for other pur- H.R. 6336. A bill to extend the authority for Mr. LATTA, Mr. TURNER, and Mrs. poses; to the Committee on Agriculture, and the Cape Cod National Seashore Advisory JONES of Ohio): in addition to the Committee on Energy and Commission; to the Committee on Natural H.R. 6342. A bill to designate the facility of Commerce, for a period to be subsequently Resources. the United States Postal Service located at

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440 2nd Avenue in Gallipolis, Ohio, as the Jose de Jesus Ibarra, Monica Ibarra H.R. 6091: Mr. ALLEN. ‘‘Bob Evans Post Office Building’’; to the Rodriguez, and Cristina Gamez; which was H.R. 6106: Mr. SHIMKUS and Ms. GRANGER. Committee on Oversight and Government referred to the Committee on the Judiciary. H.R. 6108: Mrs. BIGGERT. Reform. f H.R. 6127: Mr. SKELTON, Mr. BERMAN, Mr. By Ms. GIFFORDS: MCNULTY, Ms. CLARKE, Mr. HINOJOSA, Mr. H. Con. Res. 375. Concurrent resolution to ADDITIONAL SPONSORS HINCHEY, Mr. WEINER, Mr. PAYNE, Ms. MOORE honor the goal of the International Year of of Wisconsin, Mr FARR, Mr. MORAN of Vir- Under clause 7 of rule XII, sponsors Astronomy, and for other purposes; to the ginia, and Mr. WOLF. Committee on Science and Technology. were added to public bills and resolu- H.R. 6130: Mr. THORNBERRY and Mr. LA By Mr. BERMAN (for himself, Ms. LEE, tions as follows: TOURETTE. Mr. ACKERMAN, Mr. PAYNE, Ms. JACK- H.R. 87: Mr. KLINE of Minnesota. H.R. 6134: Ms. GRANGER. SON-LEE of Texas, Ms. WOOLSEY, Ms. H.R. 96: Ms. MCCOLLUM of Minnesota. H.R. 6140: Mr. LINDER. ROS-LEHTINEN, Mr. CHABOT, Mr. H.R. 278: Mr. CANNON. H.R. 6163: Mr. WELCH of Vermont. ENGEL, Mr. SMITH of New Jersey, Mr. H.R. 550: Mr. GOODE and Mr. JONES of H.R. 6171: Mr. CAPUANO and Mr. COSTA. WOLF, Ms. ZOE LOFGREN of California, North Carolina. H.R. 6180: Mr. CARNEY. Mr. BURTON of Indiana, and Ms. GIF- H.R. 552: Mrs. DAVIS of California. H.R. 6207: Mr. WAMP, Mr. LATTA, Mr. FORDS): H.R. 579: Ms. HIRONO. FEENEY, and Mr. DUNCAN. H. Res. 1290. A resolution joining the Office H.R. 643: Mr. SALI. H.R. 6209: Ms. MATSUI and Mr. LARSON of of the United Nations High Commissioner for H.R. 789: Mrs. DAVIS of California. Connecticut. Refugees in observance of World Refugee Day H.R. 1070: Mr. CAPUANO and Mr. MICHAUD. H.R. 6210: Mr. COSTELLO and Ms. GIFFORDS. and calling on the United States Govern- ONDA H.R. 1134: Mr. H . H.R. 6239: Mrs. BOYDA of Kansas. ment, international organizations, and aid H.R. 1193: Mr. JOHNSON of Illinois. H.R. 6258: Mr. TOWNS. groups to take immediate steps to secure ur- H.R. 1474: Mr. OLVER. H.R. 6261: Mr. SOUDER. gently needed humanitarian relief for the H.R. 1514: Mr. COLE of Oklahoma. H.R. 6264: Mr. WALZ of Minnesota, Mr. RA- more than 2,000,000 people displaced by geno- H.R. 1655: Ms. DELAURO. HALL, Mr. AL GREEN of Texas, Mr. LANGEVIN, cide in the Darfur region of Sudan; to the H.R. 1738: Mr. CARDOZA and Ms. HOOLEY. Mr. MEEK of Florida, Mrs. BOYDA of Kansas, Committee on Foreign Affairs. H.R. 2045: Ms. DEGETTE. Mr. HOLT, Mr. CARNEY, Mr. BLUMENAUER, Mr. By Mr. RODRIGUEZ (for himself and H.R. 2054: Mr. CANNON. DEFAZIO, Mr. DONNELLY, Ms. MATSUI, Mr. Mr. ORTIZ): H.R. 2164: Ms. KAPTUR. DOYLE, Mr. BRADY of Pennsylvania, Ms. H. Res. 1291. A resolution expressing grati- H.R. 2205: Mr. BLUNT. LINDA T. SA´ NCHEZ of California, Mrs. MCCAR- tude for the contributions of the American H.R. 2208: Mrs. MYRICK, Mr. BOEHNER, Mr. THY of New York, Mr. FARR, Mr. HODES, Mr. GI Forum on its 60th anniversary; to the SMITH of Nebraska, Mr. BONNER, Mr. KLINE of PASCRELL, Mr. OLVER, Mr. LINCOLN DAVIS of Committee on Veterans’ Affairs. Minnesota, Mr. MCHENRY, Mr. BOUSTANY, Tennessee, Mr. PAYNE, Mr. COSTELLO, Ms. By Ms. ESHOO (for herself, Mr. MAR- Mr. CAMP of Michigan, Mr. KUHL of New HOOLEY, Mr. BOSWELL, Ms. WOOLSEY, Mrs. KEY, and Mr. DOYLE): York, Mr. LAMBORN, Mr BLUNT, Mr. MCHUGH, MALONEY of New York, Mr. BISHOP of New H. Res. 1292. A resolution establishing a na- Ms. GINNY BROWN-WAITE of Florida, Mrs. York, Mr. SERRANO, Ms. SHEA-PORTER, Mr. tional goal for the universal deployment of CUBIN, Mr. ADERHOLT, Mr. GOODLATTE, Mr. PERLMUTTER, Ms. ROYBAL-ALLARD, Ms. next-generation broadband networks to ac- THORNBERRY, Mr. HALL of Texas, Mr. CAL- SOLIS, Mr. JACKSON of Illinois, Mr. RYAN of cess the internet and for other uses by 2015, VERT, Mr. REHBERG, Mr. STEARNS, Mr. Ohio, Ms. RICHARDSON, Ms. ESHOO, Ms. BERK- and calling upon Congress and the President TIBERI, Mr. ROSKAM, Mr. MCKEON, Mr. LEY, Mr. GUTIERREZ, Mr. BECERRA, Mr. to develop a strategy, enact legislation, and TERRY, Mr. SESSIONS, and Mr. GINGREY. REYES, Mr. TAYLOR, Mr. BERRY, Mr. DAVIS of adopt policies to accomplish this objective; H.R. 2329: Mr. PICKERING. Illinois, Ms. HIRONO, Mr. ABERCROMBIE, Mr. to the Committee on Energy and Commerce. H.R. 2370: Mr. LYNCH and Ms. JACKSON-LEE DICKS, Mr. PASTOR, Mr. ARCURI, Mr. PATRICK By Mr. LEWIS of Georgia (for himself, of Texas. MURPHY of Pennsylvania, Mr. DELAHUNT, Mr. Mr. CONYERS, Mr. NADLER, Mr. H.R. 2588: Mr. KLINE of Minnesota. KENNEDY, Mr. STUPAK, Mr. CARNAHAN, Mr. COHEN, Mr. HASTINGS of Florida, Mr. H.R. 2721: Mr. MELANCON and Mr. ELLISON. CLEAVER, Mr. CLAY, Mr. SPACE, Mr. MURPHY TOWNS, Mr. MCDERMOTT, Ms. EDDIE H.R. 2880: Mr. POE. of Connecticut, Mr. YARMUTH, Mr. HALL of BERNICE JOHNSON of Texas, Mr. H.R. 3098: Mr. KANJORSKI. New York, Mr. SPRATT, Mr. HIGGINS, Ms. SCHIFF, Mr. SCOTT of Virginia, Ms. H.R. 3187: Mr. PRICE of North Carolina. ´ SLAUGHTER, Mr. HONDA, Ms. EDDIE BERNICE LINDA T. SANCHEZ of California, Ms. H.R. 3195: Mr. SHERMAN, Mr. SESSIONS, and JOHNSON of Texas, Ms. JACKSON-LEE of JACKSON-LEE of Texas, and Ms. SUT- Mr. LAMPSON. Texas, Ms. LEE, Mr. LEWIS of Georgia, Mr. TON): H.R. 3267: Mr. TERRY. CAPUANO, Mrs. TAUSCHER, Mr. THOMPSON of H. Res. 1293. A resolution commemorating H.R. 3273: Mr. MCDERMOTT and Mr. California, Ms. MOORE of Wisconsin, Mr. the 44th anniversary of the deaths of civil LAMPSON. HARE, Mr. NADLER, Mr. HASTINGS of Florida, rights workers Andrew Goodman, James H.R. 3282: Mr. BLUMENAUER. Mr. THOMPSON of Mississippi, Mr. DOGGETT, Chaney, and Michael Schwerner in Philadel- H.R. 3289: Mr. OBERSTAR and Mr. MICHAUD. Ms. CLARKE, Mr. MCDERMOTT, Ms. KAPTUR, phia, Mississippi, while working in the name H.R. 3457: Mr. BOREN. Ms. WATSON, Mr. MCNERNEY, Mr. CHANDLER, of American democracy to register voters H.R. 3769: Mr. TIM MURPHY of Pennsyl- Mr. LYNCH, Mr. MOLLOHAN, Mr. SIRES, Mr. and secure civil rights during the summer of vania. WILSON of Ohio, Mr. PALLONE, Mr. ALTMIRE, 1964, which has became known as ‘‘Freedom H.R. 3820: Mr. PAUL. Ms. CASTOR, Mr. ELLISON, Mr. JOHNSON of Summer’’; to the Committee on the Judici- H.R. 3874: Mr. PETRI and Mr. DAVIS of Illi- Georgia, Mr. KANJORSKI, Mr. ROTHMAN, Mr. ary. nois. FATTAH, Mr. BRALEY of Iowa, Ms. SUTTON, f H.R. 4189: Mr. SHIMKUS. Mr. COHEN, Mr. LOEBSACK, Mr. ISRAEL, Mr. H.R. 4296: Mr. PLATTS. MICHAUD, Mr. KUCINICH, and Mr. MCHUGH. MEMORIALS H.R. 4464: Mr. GALLEGLY. H. R. 6272: Mr. KING of New York. Under clause 3 of rule XII, memorials H.R. 5435: Mr. PASTOR. H.R. 6274: Mr. POE and Mr. KING of New H.R. 5575: Mr. HODES. were presented and referred as follows: York. H.R. 5698: Mr. MORAN of Virginia. 324. The SPEAKER presented a memorial H.R. 6282: Mrs. MALONEY of New York. of the Legislature of the State of Idaho, rel- H.R. 5709: Mr. SOUDER. H.R. 6299: Mr. KING of New York and Mr. ative to Senate Joint Memorial No. 108 ex- H.R. 5737: Mr. LAHOOD. MARCHANT. pressing gratitude for the sacrifices made by H.R. 5772: Ms. WATERS. H.J. Res. 89: Ms. GRANGER. our veterans; to the Committee on Veterans’ H.R. 5793: Mr. BILBRAY. H.J. Res. 93: Mr. CAPUANO, Mr. MCGOVERN, Affairs. H.R. 5874: Mr. TOWNS. and Mr. BLUMENAUER. 325. Also, a memorial of the Legislature of H.R. 5901: Mr. CONYERS and Ms. SOLIS H. Con. Res. 137: Mr. EHLERS and Mr. TOM the Commonwealth of Guam, relative to Res- H.R. 5935: Mr. COSTELLO. DAVIS of Virginia. olution No. 146 expressing opposition to H.R. H.R. 5951: Mr. CLEAVER. H. Con. Res. 214: Mr. TOWNS and Mr. RUSH. 5509 and S. 2674 relative to Veterans Dis- H.R. 5971: Mr. JORDAN and Mr. SCALISE. H. Con. Res. 244: Mr. ANDREWS. ability Benefits; jointly to the Committees H.R. 5979: Mr. GONZALEZ. on Veterans’ Affairs and Armed Services. H.R. 5984: Mr. BILIRAKIS. H. Con. Res. 296: Mr. SHUSTER, Mr. H.R. 6025: Mr. BURTON of Indiana. REHBERG, Mr. SCALISE, Mr. SHULER, and Mr. f H.R. 6045: Mr. PORTER, Mr. HARE, Mr. AL LINCOLN DAVIS of Tennessee. PRIVATE BILLS AND GREEN of Texas, Mr. TIM MURPHY of Pennsyl- H. Con. Res. 321: Ms. SCHAKOWSKY. RESOLUTIONS vania, Mrs. MILLER of Michigan, Mr. KELLER, H. Con. Res. 333: Mr. CANTOR and Mr. Mr. GALLEGLY, and Ms. KILPATRICK. ROSKAM. Under clause 3 of rule XII, H.R. 6076: Ms. GIFFORDS. H. Con. Res. 342: Mr. BOREN. Ms. EDDIE BERNICE JOHNSON of Texas H.R. 6078: Mr. CARNAHAN, Mr. GUTIERREZ, H. Con. Res. 369: Mr. MILLER of North Caro- introduced a bill (H.R. 6343) for the relief of and Mr. SHAYS. lina.

VerDate Aug 31 2005 04:06 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\L20JN7.100 H20JNPT1 jbell on PROD1PC69 with HOUSE H5798 CONGRESSIONAL RECORD — HOUSE June 20, 2008 H. Res. 672: Mr. DOOLITTLE and Mr. UPTON, Mr. ROGERS of Kentucky, Mr. PETITIONS, ETC. ENGLISH of Pennsylvania. CARTER, Mr. WELLER, Mr. GERLACH, Mr. H. Res. 883: Mr. HOLT. MCCOTTER, Mr. BURGESS, Mr. NEUGEBAUER, Under clause 3 of rule XII, petitions H. Res. 970: Mr. COSTELLO, Mr. SHADEGG, Mr. TERRY, Mr. SULLIVAN, Mr. ROGERS of and papers were laid on the clerk’s Mr. LAHOOD, and Mr. WHITFIELD of Ken- Alabama, Mr. BRADY of Texas, Mr. RYAN of desk and referred as follows: tucky. Wisconsin, Mr. GRAVES, Mr. TIBERI, Mr. KEL- H. Res. 1006: Mr. ENGLISH of Pennsylvania. LER, Mr. GOHMERT, Mr. THORNBERRY, Mr. 281. The SPEAKER presented a petition of H. Res. 1069: Mr. WEINER, Mr. KUHL of New SHIMKUS, Mr. BROWN of South Carolina, Mr. the North Carolina State Council of the Jun- York, and Mr. HASTINGS of Florida. WESTMORELAND, Mr. PORTER, Mrs. EMERSON, ior Order United American Mechanics, rel- H. Res. 1093: Ms. WOOLSEY. Mr. HASTINGS of Washington, Mr. CONAWAY, ative to a Resolution requesting that the H. Res. 1191: Mr. GENE GREEN of Texas. and Mr. FLAKE. Congress of the United States provide the H. Res. 1229: Mr. LYNCH, Ms. HIRONO, and H. Res. 1283: Mr. HARE, Mr. BACHUS, and necessary services, both physical and psy- Mr. HONDA. Mr. BRALEY of Iowa. H. Res. 1231: Mr. BUYER, Mr. HIGGINS, Ms. chological as required by all veterans; to the MOORE of Wisconsin, Mr. PETERSON of Min- f Committee on Veterans’ Affairs. nesota, Mr. MITCHELL, Mr. LAMBORN, Mr. 282. Also, a petition of the Council of the SOUDER, and Mr. CARDOZA. DELETIONS OF SPONSORS FROM City and County of Honolulu, Hawaii, rel- H. Res. 1232: Mr. GRIJALVA, Ms. LEE, Mr. PUBLIC BILLS AND RESOLUTIONS ative to Resolution No. 08-113 urging the CUMMINGS, and Mr. BAIRD. Under clause 7 of rule XII, sponsors H. Res. 1245: Mr. BISHOP of New York, Mr. President of the United States and the Con- were deleted from public bills and reso- HIGGINS, Mr. PASTOR, and Mr. WEXLER. gress of the United States to pass S. 1315, the H. Res. 1278: Mr. DONNELLY. lutions as follows: Veterans’ Benefits Enhancement Act of 2007; H. Res. 1282: Mr. DEAL of Georgia, Mr. SES- H.R. 3192: Ms. ZOE LOFGREN of California. jointly to the Committees on Veterans’ Af- SIONS, Mr. SHUSTER, Mr. HENSARLING, Mr. H.R. 6041: Mr. BRADY of Texas. fairs and Armed Services.

VerDate Aug 31 2005 03:48 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A20JN7.034 H20JNPT1 jbell on PROD1PC69 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, FRIDAY, JUNE 20, 2008 No. 103 Senate (Legislative day of Thursday, June 19, 2008)

The Senate met at 9:30 a.m., on the appoint the Honorable SHELDON WHITEHOUSE, spread on the record—I have tried to do expiration of the recess, and was called a Senator from the State of Rhode Island, to this the last few days—that the work to order by the Honorable SHELDON perform the duties of the Chair. done by the chairman of the com- ROBERT C. BYRD, WHITEHOUSE, a Senator from the State mittee, Senator DODD, the ranking President pro tempore. of Rhode Island. member, Senator SHELBY, is exemplary Mr. WHITEHOUSE thereupon as- work, bipartisan work. Recognizing the PRAYER sumed the chair as Acting President slim majority we Democrats have in The Chaplain, Dr. Barry C. Black, of- pro tempore. the Senate, 51 to 49, anything we do is fered the following prayer: f Let us pray. going to be close, people are going to O Lord of the storm and the calm, RECOGNITION OF THE MAJORITY have to give up some of their ideas as the troubled sea and the quiet brook, LEADER to a perfect world and recognize that give the Members of this body strength The ACTING PRESIDENT pro tem- sometimes we have to compromise. for today. Help them as they find com- pore. The majority leader is recog- That is what legislation is all about. mon ground and adapt themselves to nized. I admire and appreciate the work the surprises each day can bring. Re- f that was done by the entire Senate yes- mind them that life is often difficult HOUSING CRISIS terday. and that they need You in every sea- Mr. REID. Mr. President, what is the son. Save them from being so pre- f occupied with difficulties that they business now? The ACTING PRESIDENT pro tem- cannot see all the opportunities about AMERICAN HOUSING RESCUE AND them. Help them not to run ahead of pore. Under the previous order, the FORECLOSURE PREVENTION ACT You or to lag behind. Instead, may Senate will resume consideration of OF 2008—Resumed they walk with You at Your pace, in the House message to accompany H.R. Your timing, and toward Your goals. 3221. The ACTING PRESIDENT pro tem- Lord, lift them above pettiness so that Mr. REID. Mr. President, we are in pore. The clerk will report the House they will accomplish the tasks that the splendor of this beautiful Senate message to accompany H.R. 3221. need to be done. Chamber. We have all had a good We pray in Your strong Name. Amen. night’s rest. But around America The legislative clerk read as follows: f today, there are people in the West who A message from the House of Representa- PLEDGE OF ALLEGIANCE are just awakening and people in the tives to accompany H.R. 3221, an act to pro- East have been awake for a while. But vide needed housing reform and for other The Honorable SHELDON WHITEHOUSE a lot of those people have had bad purposes. led the Pledge of Allegiance, as follows: nights; they are in danger of losing I pledge allegiance to the Flag of the Pending: United States of America, and to the Repub- their homes. They don’t know what to Reid (for Dodd-Shelby) amendment No. lic for which it stands, one nation under God, do. They realize other homes have gone 4983 (to the House amendment striking sec- indivisible, with liberty and justice for all. to foreclosure and the neighborhood is going down. They can see it, and it has tion 1 through title V and inserting certain f language to the Senate amendment to the APPOINTMENT OF ACTING put a pall over the economic viability bill), of a perfecting nature. PRESIDENT PRO TEMPORE of our country. That is what this legis- lation is all about. Bond amendment No. 4987 (to amendment The PRESIDING OFFICER. The No. 4983), to enhance mortgage loan disclo- Those people will benefit from what sure requirements with additional safeguards clerk will please read a communication was done in the Senate yesterday, and to the Senate from the President pro for adjustable rate mortgages with an initial we will, I believe, sometime early next fixed rate and loans that contain prepay- tempore (Mr. BYRD). The legislative clerk read the fol- week, pass this bill. It is going to be a ment penalty. lowing letter: tremendous help to those people Dole amendment No. 4984 (to amendment around America who are suffering as a No. 4983), to improve the regulation of ap- U.S. SENATE, result of this housing crisis, and they praisal standards. PRESIDENT PRO TEMPORE, Washington, DC, June 20, 2008. are suffering. Sununu amendment No. 4999 (to amend- To the Senate: Sometimes we don’t recognize what ment No. 4983), to amend the United States Under the provisions of rule I, paragraph 3, we need to do and what we have done. Housing Act of 1937 to exempt qualified pub- of the Standing Rules of the Senate, I hereby I feel it is extremely important to lic housing agencies from the requirement of

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

S5921

.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5922 CONGRESSIONAL RECORD — SENATE June 20, 2008 preparing an annual public housing agency More concerning, not a single Demo- serious about lowering $4-a-gallon gas plan. crat in the Senate has come forward to and lessening our reliance on Middle Kohl amendment No. 4988 (to amendment distance himself or herself publicly Eastern oil. No. 4983), to protect the property and secu- rity of homeowners who are subject to fore- from his words. UNANIMOUS-CONSENT REQUEST—FEDERAL closure proceedings. The message of the junior Senator ELECTION COMMISSION NOMINEES from Illinois was clear: High gas prices Mr. President, I have indicated to my CLOTURE MOTION Mr. REID. Mr. President, I send a don’t concern him as much as they good friend, the majority leader, it was cloture motion to the desk. concern most people. By allowing his my intention to ask consent that we go The ACTING PRESIDENT pro tem- comments to stand, congressional ahead and confirm the FEC nominees. pore. The cloture motion having been Democrats are being equally clear they This agency has been essentially dys- presented under rule XXII, the Chair agree with him. functional for most of the year because directs the clerk to read the motion. The fact is, on the issue of lowering of disputes over the membership. I The legislative clerk read as follows: gas prices, congressional Democrats have given him notice that I would like have had very little to say. There is a CLOTURE MOTION to do that. I did not wish to surprise commonsense response and that is to We, the undersigned Senators, in accord- him. ance with the provisions of rule XXII of the increase supply at home in a limited, Therefore, I ask unanimous consent Standing Rules of the Senate, hereby move environmentally responsible way. that today, at a time to be determined to bring to a close debate on the motion to America floats on top of an ocean of by the two leaders, the Senate proceed concur in the amendment of the House, untapped oil reserves three times the to executive session under the fol- striking section 1 and all that follows size of Saudi Arabia’s. As an immediate lowing order: that the Senate begin through the end of title V, and inserting cer- response to high gas prices, common consideration, en bloc, of the following tain language to the amendment of the Sen- sense dictates we should be moving im- Federal Election Commission nomina- ate to H.R. 3221, the Foreclosure Prevention mediately to increase our own massive tions: Calendar No. 306, Steven T. Act, with amendment No. 4983. Harry Reid, Christopher J. Dodd, Daniel domestic supplies and add American Walther; Calendar No. 624, Cynthia L. K. Inouye, Jeff Bingaman, Max Baucus, jobs in the process. In the short term, Bauerly; Calendar No. 625, Caroline C. Patty Murray, Mark L. Pryor, Barbara there is only one answer to high gas Hunter; Calendar No. 626, Donald F. Boxer, Benjamin L. Cardin, Sherrod prices, and that is more American en- McGahn; and the nomination of Mat- Brown, Jon Tester, Bill Nelson, Ber- ergy now. thew S. Petersen, PN1765, which is to nard Sanders, Maria Cantwell, Tom Looking ahead, there is no doubt be discharged from the Rules Com- Harkin, Frank R. Lautenberg, Charles something needs to be done about de- mittee; provided further, that there be E. Schumer. mand. But while congressional Repub- 1 hour of total debate on the nomina- Mr. REID. Mr. President, I ask unan- licans have a solution to the problem, tions, en bloc, with the time divided imous consent that the vote occur 1 our friends on the other side have equally between the chairman and the hour after use of leader time on Tues- shown a stubborn unwillingness over ranking member of the Rules Com- day, June 24, the mandatory quorum be the years to do much at all about in- mittee. I further ask unanimous con- waived, and that occur no later than 11 creasing domestic supply, and the re- sent that at the expiration or yielding a.m. on that day. sult of yesterday’s inaction is the back of time, the nominations be con- The ACTING PRESIDENT pro tem- strain American families are feeling firmed, en bloc, the motions to recon- pore. Without objection, it is so or- today in the form of record-high gas sider be laid upon the table, the Presi- dered. prices. dent be immediately notified of the Mr. REID. Mr. President, I am sorry. By failing to address supply, even Senate’s action, and, finally, the Sen- I have to revise my request. I thought with gas prices at $4 a gallon, congres- ate return to legislative session. we were reconvening at 9:30 a.m. We sional Democrats are telling the Amer- The ACTING PRESIDENT pro tem- are not coming in until 10. I will re- ican people $4-a-gallon gasoline is ac- pore. Is there objection? state the request. ceptable, that they should get used to Mr. REID. Mr. President, reserving I ask unanimous consent that the it. Kentuckians are not interested in the right to object, we are very close to vote occur 1 hour after the use of any getting used to $4-a-gallon gas and nei- being able to accept this. I think the leader time on Tuesday, June 24, with ther am I. consent agreement is appropriate. I the mandatory quorum being waived. Congress has the power to do some- think the times laid out are what we The ACTING PRESIDENT pro tem- thing about high gas prices, and we need. But I have a Senator who still pore. Without objection, it is so or- should. Americans are looking to has one more conversation with one of dered. Washington for action. What they are the nominees. He has been diligent. He RECOGNITION OF THE MINORITY LEADER getting instead from Democrats in has met with almost every one of The ACTING PRESIDENT pro tem- Congress is a lecture on ‘‘gradual ad- them. He has one more. That person is pore. The Republican leader. justments.’’ Americans do not need a in Europe now, and he has agreed to do HIGH GASOLINE PRICES lecture; they need relief. that by telephone. So, in the next cou- Mr. MCCONNELL. Mr. President, While Americans grow increasingly ple days, he will do that. there is no doubt that the subprime frustrated with gas prices, Democrats I have every belief that very early mortgage crisis is a timely and impor- in the House of Representatives are next week we should be able to com- tant issue, and it is a worthy topic for showing where their priorities lie. plete these nominations. A number of the Senate to have taken up. There is Among other legislative business this these people have been very patient. also little doubt that the single most week, they scheduled a vote on wheth- They have been hanging on, basically important issue facing Americans at er to ban the interstate sale of mon- living off their savings or their wife’s the moment is the high price of gaso- keys. House Democrats also recently work, whatever the case might be, but line at the pump. took up resolutions commemorating they have not been working because, as Indeed, it would be difficult to find a National Plumbing Industry Week and the Republican leader said, it has been single American who has escaped the the International Year of Sanitation. nonfunctional, they have been out of painful effects of the recent record These resolutions are important, no work. spike in gas prices and who is not eager doubt, to some. Yet none of them will I think we can get this done very for Congress to do something about it. do anything to lower gas prices. quickly. It is very important. It is im- That is why I was so concerned to hear Americans frustrated about high gas portant for Democrats and Repub- the Democratic nominee for President prices are wondering why Democrats in licans. We need a body there that ques- say last week he was not as concerned Congress are talking about monkey tions can be submitted to, especially in about high gas prices as he was about trade, and I don’t blame them. It is the midst of this Presidential election the fact that they rose so quickly. He time Democrats took the issue of high and all the other elections going on would have preferred a ‘‘gradual ad- gas prices as seriously as the American around the country. justment,’’ as he put it, to the sudden people do. It is time Democrats in Con- Based on what I have said, Mr. Presi- shock we all got. gress join with the Republicans and get dent, I object.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5923 The ACTING PRESIDENT pro tem- to the fact that the DNC is trying to, calling. Justin’s family members agree pore. Objection is heard. we think, file a lawsuit on Monday. that even as a child, he aspired to serve The Republican leader. Those are the kinds of shenanigans his country in uniform. Mr. MCCONNELL. Mr. President, I which I don’t think we ought to export His mother Alma Sims commented am pleased to hear the majority leader from the campaign to the Senate. In that: shares my concern that we do not have the Senate, it strikes me we have an On 9/11, he was a junior in high school. He a fully functioning Federal Election obligation to get this Federal Election said, ‘‘I’d go now if they would take me.’’ Commission. In fact, yesterday, the Commission reconstituted and func- You would think he was bred to be a Marine. Democratic nominee for President tioning, not to try to give one party’s From 4 and 5 years old, his favorite movie called the system broken. Today is an- national committee or another some was Tour of Duty. The Marines was all he talked about. other example of the broken system. kind of advantage in a pending lawsuit. This battle has been going on for So I am encouraged by the majority Perhaps Justin was influenced by his more than 2 years, believe it or not, leader’s desire to get these nomina- grandfather Coleman Luster, an Army starting with the recess appointment tions completed. I know we are not veteran. Justin admired his grand- of very well-qualified and well-re- having votes Monday, but we are in father’s service, if not necessarily how spected experts in this field. The three Monday. It strikes me that Monday he chose to serve. recess appointments expired at the would be a very good time to get these Alma remembers: first of this year, and two nominees nominees confirmed, if, in fact, we Papaw and Justin would joke around. Jus- have ultimately withdrawn, citing the can’t do it later today if the snag the tin would say, ‘‘Army was the best thing need for gainful employment, both well back then, but the Marines rule now.’’ Justin majority leader indicated could be looked up to Papaw. They were real close. qualified, but one, having been unfairly cleared up. I know, because he has just My dad would always tease me, ‘‘You did and falsely maligned, ended up with- said, he shares my view that we ought great raising your boy. Let’s see how these drawing. to get this job done, and I think the girls go.’’ So here we are today, after an April best time to do it would be today. The These girls were Justin’s four sisters, 29 commitment by the majority, that a second best time to do it would be all younger than he was. Justin was a review of new nominees would be sim- shortly after we convene on Monday. kind and caring older brother, and with ple and a commitment to speedy re- EXHIBIT 1 Alma being a single parent, he made view. I know that is what the majority DNC TO AGAIN FILE SUIT ON MC CAIN’S sure to spend a lot of time with his sis- leader hoped to accomplish but, in fact, MATCHING FUNDS ters to make things easier for his here we are still. (By Jonathan Martin) June 17, 2008 mother. Let me be perfectly clear, we have The DNC will today announce that they in- Alma said: gone out of our way, willing to confirm tend to file a lawsuit next week in U.S. Dis- He would take my four girls to school each nominees who many on our side believe trict Court to spur an FEC inquiry over day whenever I had to go to work early. I are completely misguided on the mat- whether John McCain illegally withdrew told him, ‘‘You don’t need to do that because ter they would be regulating. But in from the federal financing system. I have a sitter.’’ But he insisted on taking the interest of obtaining a fully func- The committee first issued a complaint to care of them. You would think that him the FEC in February, but in April a federal being 11 years older, he wouldn’t want any- tioning FEC, it has always been my be- judge ruled that, even though the FEC lief that the Democrats pick their thing to do with them. It was just the oppo- lacked a quorum, they still could convene site. If there was snow on the ground, he nominees and we pick ours. I can’t re- before the end of the 120 days they’re given call ever having made a Democratic would take all the girls out sledding. There to examine complaints. was no hill too large for him. nominee for the Federal Election Com- Now, with those 120 days expiring on June mission ‘‘controversial,’’ but that 24th, the DNC is acting again in hopes a Justin started ROTC in the eighth seems not to be the case when Repub- judge will compel the FEC to act on their grade and participated at Holmes High licans pick nominees. They are fre- complaint, as is allowed by law. School. He was a marksman with State At issue is whether McCain locked himself honors for his ROTC rifle unit and par- quently demonized and declared un- into spending limits in the primary by put- qualified. ticipated in sharpshooting competi- ting up anticipated matching funds as collat- tions all over the country. Neighbors Nevertheless, we are where we are, eral for the loan that helped keep his under- and hopefully we can get this done as funded campaign alive at the end of 2007. recall seeing young Justin practicing rapidly as possible. There always seems Democrats hope to puncture a hole in how to twirl his rifle in front of his to be a snag, and the snags always McCain’s good government image by press- house. Once he tried to teach one of his seem to be on the other side. I know ing the issue while Republicans dismiss it as sisters, then only 8 years old, how to totally groundless. twirl the rifle. She ended up with a big this is something the majority leader First, though, the FEC needs to have suffi- is not happy about. He has just indi- dent on her forehead. cient members to form a quorum. With one Alma says: cated he wants to move forward, and it nominee having withdrawn from consider- is my hope we can get this done as rap- ation last month, the Senate appears to be We still laugh about that today because idly as possible. finally ready to confirm additional commis- they told me she had fallen. Mr. President, I ask unanimous con- sioners in the next few weeks. Justin graduated from Holmes High sent to have printed in the RECORD an HONORING OUR ARMED FORCES School in 2003 and later that year en- article citing the Democratic National LANCE CORPORAL JUSTIN D. SIMS listed in the U.S. Marine Corps. He was Committee’s intent to file yet another Mr. MCCONNELL. Mr. President, I eventually assigned to the 3rd Bat- frivolous lawsuit next Tuesday—one rise to pay tribute to a young man talion, 8th Marine Regiment, 2nd Ma- that was dismissed once before— from my home, the Commonwealth of rine Division, II Marine Expeditionary against the FEC, citing their failure to Kentucky, who gave his life in the per- Force, based out of Camp Lejeune, NC. act on a matter related to Senator formance of his duty as a U.S. marine. Before he left, however, while still in MCCAIN. On April 15, 2006, an improvised explo- his senior year at Holmes, Justin The ACTING PRESIDENT pro tem- sive device detonated under LCpl Jus- worked after school at a restaurant. pore. Without objection, it is so or- tin Sims’s humvee as he patrolled Al There, he met a young woman named dered. Anbar Province in Iraq. The Covington, Leah, who only worked at the same (See exhibit 1.) KY, native was 22 years old. restaurant for a week but kept hanging Mr. MCCONNELL. Mr. President, the For his valor in uniform, Lance Cor- around to see her friends. only way the DNC can maintain this poral Sims received several awards, Alma recalls: suit is if there is a nonfunctioning medals, and decorations, including the He started flirting with her, then told her FEC. Thus, in order for the DNC’s al- Sea Service Deployment Ribbon, the he was going to ask her out. ready failed lawsuit to go forward, this National Defense Service Medal, and Justin Sims and Leah Matt-Sims package must be objected to, and they the Purple Heart. were married on December 26, 2004, have done just that. At a young age, Lance Corporal Sims after changing the date a few times be- I hope this continued delay of getting had found what many Americans twice cause of Justin’s uncertain deployment a fully constituted FEC is not related his age are still searching for: his life’s schedule. The happy couple found time

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5924 CONGRESSIONAL RECORD — SENATE June 20, 2008 to honeymoon in Kentucky before Jus- hearing on a markup. And the reason that legislation—that will radically tin returned to Camp Lejeune. we did that is that it was what we said change how we gather our energy. We Alma recalls: we would do, even though they turned are told that there are hundreds of When he came back from his first tour, I down a functioning Federal Election thousands—not thousands or tens of said, ‘‘How many people do you know can Commission—the Republicans. We said: thousands but hundreds of thousands— say, ‘I have protected the United States’?’’ OK, if that is what you want, a full of jobs waiting to be funded. If this bill He would say, ‘‘And I do it with pride.’’ He FEC rather than those five, that is passed, that would take place forth- considered it an honor to be a Marine and to fine. We will go along with that. Now with. Would all 100,000 go to work serve his country. we have a Senator, Mr. President— today? No. But thousands of them As a marine, Justin would periodi- which I think is very appropriate— would go to work within a matter of a cally return to Holmes High School wanting to talk to those nominees, and month or two, and it would keep build- and speak to students in the ROTC he has done that. There is one to go. ing. Program. He deployed for his second That person is in Europe, and he will We have before this body, as part of tour of duty, this time in support of do that just as quickly as he can. the record, about 400 companies that Operation Iraqi Freedom, in March Again, I underscore the fact that we have signed on to our legislation. Vir- 2006. would have a fully functioning Federal tually all the Fortune 500 companies— Alma said: Election Commission today if the Re- Fortune 400, whatever it is—have I told him before he left for his last tour, publicans had accepted our offer before signed on to this and say this is the ‘‘I have a bad feeling.’’ He said, ‘‘If some- Memorial Day. But we are where we way to go. thing would happen to one of my brothers, I are. We can do a lot of finger-pointing, What is the holdup of our legislation? would never forgive myself. It would drive It is the Republicans. What is the hold- me crazy for the rest of my life.’’ but we are where we are. We believe in the Federal Election up, Mr. President? They have become At a memorial service for Justin held Commission. I wish it were more pow- addicted to red ink. It is as if they are at Holmes High School in Covington, erful than it is. I wish it could do more addicted to one of the illegal drugs, but the mayor announced that on that July than it does. But certainly we should this is red ink. They are addicted to it. 4th, the city would dedicate the Justin do everything we can to give them the When President Bush took office, the Sims Memorial Park. It is the same tools they need to function, and one of price of gasoline was $1.46 a gallon. park where Alma and her daughters the things they need to function is Now, in Las Vegas, it is $4.47 a gallon. would go every Sunday and write let- members for the Federal Election Com- The average around the country is ap- ters to Justin when he was at boot mission. Right now, there aren’t any. proaching $4.10 a gallon. camp. As I said, we will work very hard. I The problem with our legislation, ac- Our prayers are for the Sims family have talked to the Senator this morn- cording to the Republicans, is that we today after the loss of this dedicated ing to make sure that is the only prob- want to pay for it. Oh, gee whiz. You marine. We are thinking of his wife lem he had, and he has said that is the mean we don’t want to borrow more Leah; his mother Alma; his father only problem he has. With the time dif- money to do something? No, we want Beechie; his stepmother, Linda Greg- ference, it has been somewhat difficult to pay for it. ory; his sisters Tia Bryars, Briana to set up the phone call within the last When President Bush took office, not Bryars, Tiffani Sims, and Maliesa 24 hours, but that will be done. only was the price of gasoline at $1.46 a Jones; his grandmother, Mae Luster; So, Mr. President, the Federal Elec- gallon, but there was a surplus over the and many other beloved family mem- tion Commission will be taken care of next 10 years of about $7 trillion. We bers and friends. Justin was pre- within a matter of days, but the fact are now approaching $10 trillion in debt deceased by his grandfather, Coleman that it is not functioning now is not this country owes. Luster. our fault. The so-called pay-fors for renewables Mr. President, Justin’s mother Alma Let me just say a couple of things on these tax extenders are—for exam- tells us: about the comments regarding Senator ple, we all know the abuses, what these I miss talking to him every day, but I be- OBAMA by my friend, the Republican companies have done offshore. There is lieve God has a bigger job for him in heaven. leader. one little island over there where there Those who knew Justin, whether as It seems there is a lot of effort being are 50,000 companies that are cheating an ambitious boy in Covington or a made to divert the focus from the the Federal Government, in my opin- dedicated warrior in Iraq, would surely issues at hand. The issue at hand is ion. What we have done is said, OK, the agree. I want the Sims family to also that we offered on this floor a bill that hedge fund operators should not be able know that this Senate celebrates the would do something about gas prices. to use that as a way to hide their life of LCpl Justin D. Sims, and we We have focused on the subsidies to big money and not pay taxes. Listen to honor his sacrifice on behalf of our Na- oil. And the subsidies are huge, costing this: The hedge fund operators agree. tion. the American people billions of dollars. They say it is unfair: We agree with Mr. President, I yield the floor. We have focused on the fact that there what the Democrats are trying to do, The ACTING PRESIDENT pro tem- is a bipartisan move in this body to do to pay for these renewables. pore. The majority leader. something about OPEC. That focus was We have tried and will continue to Mr. REID. Mr. President, I wish to brought by Senator KOHL of Wisconsin try to focus attention on the fact that respond to a couple of issues. and Senator SPECTER of Pennsylvania. we have long-term needs and short- First, on the Federal Election Com- They believe very strongly that OPEC term needs because energy is a prob- mission, I wish to underscore that we should be subject to the antitrust laws lem. would have a functioning Federal Elec- of this country. That is part of our leg- Let’s talk about offshore. I was fortu- tion Commission today if the Repub- islation. We also said there should be a nate last night—I got home before 9 licans had accepted our offer before windfall profits tax, and we believe o’clock. As I was eating my little bowl Memorial Day. What was that offer? there should be something done with of soup before going to bed, there was There was one that was held over, but the speculation that is taking place. So a wonderful program on television we agreed to confirm the four FEC we offered legislation to that effect, about offshore drilling. They had a nominations before Memorial Day. The and the Republicans turned down even map. On that map they showed all the Republicans objected because they being able to debate that legislation. places people and companies can drill weren’t ready with their new nominee. In addition, we have now pending an right now, some 58 million acres. That We offered assurance that the new issue that is extremely important. I is a lot of acres, 58 million acres. But nominee would be taken care of very think it is in the top one, two, or three they are not drilling there. They have quickly, and we have followed through issues facing America today; that is, made a decision not to drill. Not be- on that. They rejected our offer. They renewable energy. Renewable energy. cause there is no oil there, they have wanted to wait until the new nominee We have offered a reasonable piece of made a business judgment not to drill. came. We waited. Nevertheless, when legislation to give a 6-year tax credit I would say this about the offshore: the new nominee came, we waived a to solar—and there are other issues in Our great country is so fortunate to

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5925 have all the natural resources that we want to explain to my colleagues who countries, including in my home State do have, but one of the natural re- may come over, who are desirous of of Pennsylvania. sources we do not have is oil. Counting bringing up amendments also, Senator I am proud to note that, since the ANWR and all the offshore potential, SANDERS has expressed a strong desire mid-1970s, more than 100,000 refugees we have about 3 percent of the oil re- to have an amendment considered re- from more than 30 nations have made serves in the world; 97 percent of the garding LIHEAP, the Low-Income Pennsylvania their home, enriching oil is someplace else. We cannot Home Energy Assistance Program. the cultural diversity and strength- produce our way out of our problems. There is some difficulty with that. Ob- ening the economy of the Common- Can we do a better job of producing? viously, there is some objection on the wealth. Over time, most have suc- Yes, I believe we can. We can get more other side to that coming up. ceeded in adjusting to life in Pennsyl- out of that percentage. Out of respect to Senator SANDERS, vania and the majority have natural- Let’s talk about offshore a little who could not be here this morning, I ized as U.S. citizens and actively par- more. The President of the United object to any effort to set aside the ticipate in local community life. States came out 2 days ago saying: I pending amendments before that mat- This day gives us an important op- want Congress to do something about ter is resolved. portunity to pause and appreciate the offshore drilling. Listen to that. With I say that respectfully to the Senator grave humanitarian situation refugees the sign of a pen he can do something from Georgia, as well as others who face worldwide. Forced to flee their about it himself. President Clinton, may come here to do exactly that. We homes and having lost everything, with an Executive order, took certain will be moving forward on legislation. these people have immediate needs in- areas offshore so that we couldn’t drill Today we will entertain debate and dis- cluding shelter, food, safety, and pro- there. President Clinton did that. cussion on this bill but will be con- tection. But they also have basic President Bush has the ability himself strained from going forward in the ab- human rights—the right to seek asy- to change that with a signature. But he sence of a larger agreement that would lum, the right not to be returned to a didn’t do that, did he? No, because he allow Senator SANDERS to bring up his country where they fear persecution, worried about Jeb Bush, his brother, amendment. So I object. the right to work, and the right to send who is totally against offshore drilling. The ACTING PRESIDENT pro tem- their children safely to school. Why wouldn’t he do this himself? Why pore. Objection is heard. Between 2001 and 2005, the inter- would he pass the buck to us? Mr. CHAMBLISS. Mr. President, if I national community witnessed a de- I realize Congress controls the ability might respond quickly, it is unfortu- cline in the number of refugees world- to take care of a lot of the offshore nate we are in this situation. I com- wide. Unfortunately, this trend has re- stuff, as we did last year, allowing mend the chairman, as well as the versed. By the end of 2007, there was a drilling on the gulf coast, offshore. We ranking member, for coming up with a 115 percent increase over just 2 years in expanded that because we thought it pretty good piece of legislation to ad- the number of refugees under the re- was the right thing to do. President dress a critical issue. It is unfortunate sponsibility of the United Nations High Bush and Republicans need not lecture because we are not allowed to move Commission for Refugees—UNHCR. We us on energy. They are the ones who ahead with amendments, that we are are now talking about a staggering 11.4 got us into the problem we have now. stuck in this quagmire. million refugees worldwide. The num- I close by saying that JOHN MCCAIN is I know it is not the desire of the ber of internally displaced people a person who is an expert on offshore chairman to do anything other than worldwide is also up, from 24.4 million drilling. Why? Because he has taken move forward with amendments, to 26 million. both positions. He said, until 2 days amendments that are germane to the Among refugees, Afghans and Iraqis ago, we should not be able to drill off- particular bill. Unfortunately, the account for nearly half of all refugees shore, and he switched his position— amendment of the Senator is not ger- under UNHCR’s care worldwide. Much the ultimate flip-flop. The next thing I mane to the pending business before of the increase in refugees in 2007 was am waiting for him to do is—right now, the Senate. My amendment is. I think a result of the volatile situation in the election in Alaska is tied between there are others who have amendments Iraq. It has been 5 years since the fall MCCAIN and OBAMA. One of the big rea- they want to bring up. of Baghdad, and Iraq and her neighbors sons is JOHN MCCAIN is opposed to drill- I know it is not the fault of the are in the midst of a humanitarian cri- ing in ANWR. I guess the people of chairman we are not allowed to move sis that threatens the stability of the Alaska expect Democrats to be opposed forward, but I certainly hope that by Middle East. to it, but they don’t expect Repub- the time we get back next week we can Wherever one stands on the future of licans to be opposed to it, and MCCAIN do so and take up amendments that are the U.S. combat presence in Iraq, we has been for a long time. Is he going to critically important to the issue at have a moral responsibility to those in- do one of his flip-flops on ANWR? Don’t hand and that we can remove those nocent Iraqis who have been driven be surprised. amendments that are not germane be- from their homes and fear for their JOHN MCCAIN doesn’t have the tem- cause it is a very critical piece of legis- lives and their children’s lives every perament to be President. He is wrong lation. day. Violence and sectarian conflict on the war, and he is wrong on the It is a good bill, and my amendment are an ever present reality in Iraq, economy. is a good amendment. I hope we are driving away anywhere from one to The ACTING PRESIDENT pro tem- able to address it shortly. two thousand Iraqis from their homes pore. The Senator from Georgia is rec- The PRESIDING OFFICER (Ms. every day. ognized. KLOBUCHAR). The Senator from Penn- The numbers are sobering. One in Mr. CHAMBLISS. Mr. President, I sylvania is recognized. five Iraqis have been displaced. The would inquire as to what is the current Mr. CASEY. Madam President, I wish UNHCR estimates more than 4.7 mil- business before the Senate? to speak as in morning business. I ask lion Iraqis have left their homes, many The ACTING PRESIDENT pro tem- consent to do that. in dire need of humanitarian care. Of pore. The motion to concur in the The PRESIDING OFFICER. Without these, more than 2.7 million Iraqis are House amendment is the current busi- objection, it is so ordered. displaced internally, while more than 2 ness. WORLD REFUGEE DAY million have fled to neighboring states, Mr. CHAMBLISS. Mr. President, I Mr. CASEY. Madam President, I rise particularly Syria and Jordan. In 2006, ask unanimous consent to temporarily today to recognize June 20 as World Iraqis became the leading nationality set aside the pending amendment so Refugee Day, a day designated by the seeking asylum in Europe. that I may call up amendment No. 5008, United Nations General Assembly to I witnessed firsthand the challenges which is filed at the desk. highlight and celebrate the contribu- facing Iraqi refugees last August when The ACTING PRESIDENT pro tem- tion of refugees throughout the world. I spent time in Jordan meeting with pore. Is there objection? World Refugee Day has evolved into an United Nations and International Orga- Mr. DODD. Mr. President, reserving annual commemoration marked by a nization for Migration personnel. I can the right to object, and I will object, I variety of events in over a hundred report that Iraqi refugees throughout

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5926 CONGRESSIONAL RECORD — SENATE June 20, 2008 the region have become increasingly Beyond the obvious humanitarian tion that has many objectionable items desperate and have nowhere to turn. and moral dimensions, this crisis has that the President said he would veto. Since the beginning of the crisis, the grave implications for our national se- All of the tax extenders, which both Iraqi government has proven to be un- curity interests, our U.S. national se- sides support, were coupled up with willing and unable to respond to the curity interests, in the Middle East. some very objectionable items, includ- needs of vulnerable Iraqis. While the It is time for us to acknowledge the ing a $1.3 billion tax earmark. You government has access to significant humanitarian crisis in Iraq that is know, we are talking about earmarks oil revenue, it is divided along sec- spilling over into neighboring coun- around this place; there is a $1.3 billion tarian lines and lacks both the institu- tries. We must firmly demonstrate our tax earmark in that bill. There are also tional capacity and the political will to commitment to resettling Iraqi refu- other very objectionable special inter- effectively address the growing crisis. gees and working with other govern- est projects and tax increases that are Sectarian militia groups like the ments in the Middle East and in Eu- in that bill. For these reasons the Mahdi Army are quickly filling this rope to provide humanitarian assist- President said he would veto it. These vacuum to provide services. The larg- ance and support. reasons are also why the Republican est ‘‘humanitarian’’ organization in The Iraqi Government must accept minority has been objecting to what Iraq today is the Sadrist movement af- responsibility to care for all—all—of the Democrats have been trying to do. filiated with anti-American Shiite cler- its citizens and the international as- So I ask our colleagues, let’s join to- ic Muqtada al Sadr, whose programs sistance needed to improve its capacity gether the way we did before in an 88- provide shelter and food to hundreds of to do so in a just manner. to-8 vote to extend the renewable tax thousands of Shiites in Iraq. Let me conclude by saying how im- credits. Let’s bring more green energy The international community, in- pressed I am, as are all Americans, and to the United States. Let’s bring more cluding the United States, has been I continue to be so impressed by our jobs to the United States. This is good largely in denial over the magnitude of brave men and women who have served economic policy. It is also good energy the humanitarian crisis. Until re- in Iraq and Afghanistan and have re- policy. We have already recognized cently, the conversation was always turned home to advocate that more be that in the Senate. So let’s join to- dominated by talk of reconstruction done to help Iraqis and those who are gether again on this amendment, and and development rather than address- in Afghanistan who are at risk, par- allow this amendment to be voted on ing the basic, urgent needs of ordinary ticularly those who have risked their so that we can get this amendment Iraqis. The United Nations only just lives in service to the United States of signed into law this year. issued a common humanitarian appeal America. Let us in Congress follow I ask unanimous consent to tempo- rarily set aside the pending amend- for Iraq. their example and keep fighting to help Now, we here in the United States those in the world who are most in ment so that I may call up amendment have a moral responsibility to do right need. After all, that is the great legacy No. 5020 which is filed at the desk. The PRESIDING OFFICER. Is there by the millions of Iraqis who have been of this country. objection? I yield the floor. driven away from their homes, particu- Mr. DODD. Reserving the right to ob- The PRESIDING OFFICER. The Sen- larly for those who have risked their ject, I will repeat what I said a moment lives to assist our country. ator from Nevada is recognized. ago. Senator SANDERS of Vermont is In 2007, Congress agreed to provide EXTENDING RENEWABLE ENERGY TAX CREDITS unavoidably absent this morning. He resettlement benefits for special immi- Mr. ENSIGN. Madam President, I has wanted to bring up the low-income grants from Iraq and Afghanistan who plan to ask for unanimous consent in a energy assistance program. While it is helped the United States, helped us, moment, but I would like to say a cou- not germane, it is relevant, obviously, and to increase from 500 to 5,000 the ple of words about what I am going to to the subject matter of the bill—home number of special immigrants from ask for. heating. But there is objection on the Iraq we will admit into this country. We had a vote in the Senate on the Republican side for that amendment to Both measures passed the Senate by renewable energy bill the last time we be considered. As a result, he is object- unanimous votes. had the housing debate. That vote was ing to any unanimous consent request The American people have responded 88 to 8 in favor of the Clean Energy Tax to lay aside the pending amendment. with their customary generosity and Stimulus amendment. This was the So there is a reason that I will momen- caring spirit in welcoming these Iraqis amendment that I offered with Senator tarily object. into our Nation. I am proud to note CANTWELL and others. It included ex- Let me also say for clarity that the that my home State of Pennsylvania tensions of tax credits for solar, geo- very provision the Senator from Ne- has been a leader in helping to resettle thermal, fuel cells, wind, and many vada has raised here, the renewable en- our Iraqi allies. The city of Erie, PA, other forms of renewable energy. At a ergy program, was part of the extender alone has resettled about 90 Iraqis dur- time when we are looking for more bill last week. Obviously, any bill like ing this fiscal year. But the overall green energy in the United States, it is that is going to have pieces you like progress in resettling our courageous the right thing to do. This body spoke and pieces you don’t like. I have rarely Iraqi allies has been frustratingly slow very strongly with an 88-to-8 vote. We seen a piece of legislation around here due to Government bureaucracy and rarely ever have votes like that around that had the unanimous support of ev- logjams. Along with colleagues from this place. I believe it is important for eryone. Nonetheless, we had an oppor- the Senate and the House, I sent a let- us to move forward with this impor- tunity to deal with that piece of legis- ter to President Bush today ques- tant piece of legislation. lation, and because we couldn’t get clo- tioning the progress the administra- The Democrat majority has been at- ture on it, that was rejected by the Re- tion is making on processing resettle- tempting to deal with renewable en- publican minority. They did not want ment claims for Iraqis who have ergy tax credits on other bills. While I that bill to come up, so we did not de- worked for us and whose lives have appreciate those efforts, we have to bate it at all. An opportunity to deal been placed in great danger as a result make sure this bill is actually signed with the very provision that enjoyed of such service for us. into law. It was part of the housing bill such broad-based support could have There is also the larger issue of deal- last time. I believe the housing bill has been part of that and gone down to the ing with the millions of Iraqi refugees the best chance of any major piece of President for his signature. in the Middle East. Iraqi refugees are legislation to become law this year. So on this bill here, while I have sup- overwhelming the basic infrastructure The bottom line is, do we want the ported this proposal—it was part of the of Iraq’s neighbors, especially Jordan, renewable tax credits extended and earlier housing bill—until we resolve Syria, and Lebanon, raising troubling signed into law? I think this is the best the matter dealing with low-income concerns about the region’s stability vehicle we can possibly have to ensure energy assistance, then, at the request and shifting sectarian balances. As Ref- that. of the Senator from Vermont and the ugee International notes, the Iraqi ref- Right now, the Democrat majority leadership here, I will object to any ef- ugee crisis is essentially exporting has been bringing to the floor—as they fort to set aside the pending amend- Iraq’s instability to its neighbors. did a few days ago—extenders legisla- ments.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5927 I object. mates are those numbers will explode porary one, not for 1 or 2, 3 or 5 years, The PRESIDING OFFICER. Objec- even further. In fact, it is been re- but a permanent affordable housing tion is heard. ported by Credit Suisse and the Mort- program. Mr. ENSIGN. I am deeply dis- gage Bankers Association that as many I cited yesterday the statistics of the appointed. I think this is an important as one out of every eight homes in millions of Americans who are finding piece of legislation. I hope the Senator America could be in foreclosure if we any kind of shelter further and further from Vermont, who is a cosponsor of do not come up with some means by from their grasp economically. Today the Clean Energy Tax Stimulus Act, which we can address this issue. when you discover that you have peo- will reconsider. There are serious ob- The economic crisis we face in our ple literally spending more than 50, 60, jections to what he is trying to do, ob- country has at its heart the housing or 70 percent of their income on rental viously, on this side. And I will say he crisis, which has at its heart the fore- housing and, in some cases, when you does not have the kind of support that closure crisis. The problems are exacer- talk about people who are disabled, the this amendment enjoys. This amend- bated, are expanded, obviously, by the SSI payments, in fact, don’t even equal ment was supported by a vote of 88 to rising costs of gasoline and health care, the cost of the housing they are in 8 in the Senate. This is an amendment higher education, the fact that now today, we need to have a program that that should be allowed to go through. more than 300,000 jobs in the last few provides affordable shelter. It should remain part of this bill. We weeks have been lost in this country, Decent, affordable shelter has never should put away the partisan squab- unemployment rates are rising, and in- been a partisan issue. In fact, 60 years bling and get this bill done. I hope that flation is beginning to creep up. ago, the administration of Harry Tru- while we are negotiating, we can make This issue of getting our Nation back man brought together Democrats and sure this amendment becomes part of on its feet economically, restoring con- Republicans in 1948 and insisted upon the final bill. fidence and optimism of the American the issue of affordable shelter for all The PRESIDING OFFICER. The Sen- people, particularly when it comes to Americans. Over the years, Democrats ator from Connecticut is recognized. the most important asset most Ameri- and Republicans, conservatives, lib- Mr. DODD. Madam President, I wish cans will ever have, which is their erals, moderates have all worked to- to take a few minutes, if I may, and homes—nothing we can do is more im- gether on this issue. As I was growing sort of review the events of yesterday, portant to the stability of our neigh- up, the man who was called Mr. Hous- a historic day here in many ways in borhoods, our communities, and our ing was a guy named John Sparkman, that we were able to bring up a rather families, than making it possible for a Senator from Alabama, the same comprehensive housing proposal, people to be able to maintain and own State as my ranking member from Ala- their own homes. thanks to the work of Senator SHELBY, bama, Mr. SHELBY. John Sparkman was That is the heart of what we are try- my colleague from Alabama, the Mr. Housing. ing to do. That has been the effort over former chairman of the Banking Com- Through the 1950s and 1960s, as a the last number of weeks, with the pas- mittee and my ranking member, along Member of this body, he fought year sage of two previous pieces of legisla- with 17 other members of the com- after year to see to it that we would tion and the adoption now, I hope, in mittee, Republican and Democrats, on have affordable, decent shelter for all the coming days, of this comprehensive a vote of 19 to 2 out of the Banking Americans. We began to slip over the bill. Committee, that brought forth the Let me review the bidding, if I can, last 15 or 20 years, as fewer and fewer final piece of this housing package for as to what is in this bill. And the ef- dollars are being invested in affordable the consideration of our colleagues. forts that were made yesterday to strip shelter for Americans. I heard repeatedly mentioned yester- out all of this were soundly defeated by In this piece of legislation, as a re- day that this was a large bill. It is. It margins that we rarely see in a body sult of the efforts of our colleague from is 660 or 670 pages. And the question such as this that is so equally divided, Rhode Island, JACK REED, along with was raised about how we had not had a 51 to 49. But, again, thanks to the lead- others, we now will have a permanent, chance to see this bill. I remind my ership of both Democrats and Repub- affordable housing program in America colleagues that you have already voted licans, the leadership of the majority that will not require any tax increases. for two-thirds of that bill because they leader, HARRY REID, as well as the co- The support of that program will come are previous matters we have consid- operation of the minority leader, we from the resources coming out of ered on two separate occasions, with were able to get to this bill, we were Fannie Mae and Freddie Mac, the some very minor, minor but significant able to address these underlying ques- GSEs. So for the first time in a long changes, but not voluminous in their tions and then vote overwhelmingly to time, if ever, we will have a consistent quantity. So the greater part of this reject the efforts that would have and reliable source of support for de- legislation has already been examined stripped this legislation of its heart. cent, affordable shelter for Americans. and debated extensively on this floor. We have a strong regulator in this That is a part of this bill. The remaining piece, the one that legislation. This has been an effort The legislation also includes the came out of the committee 19 to 2, was which has been sought over the last 6 HOPE for Homeowners Act. It will help voted out of the committee about a or 7 years. Yet we have been unable to at least 450,000 of our hard-working month ago—a little more than a month deal with the problem of the govern- families save their homes. Again, this ago—and has been the subject of sig- ment-sponsored enterprises, prin- idea is not new. It was tried years ago, nificant reporting as to what it in- cipally Fannie Mae and Freddie Mac, back in the 1920s and 1930s during the cluded. It is very similar, I might point which are critical to the liquidity that Great Depression, the last time, I out, to what was adopted by the other is needed in our housing markets. Yet might point out, that we had a signifi- body. So this is a moment where we we also know that those institutions cant housing crisis such as the one we have had ample opportunity. have been losing billions of dollars as a are in today. If you do not hear it on the floor, go result of the housing crisis. A strong Back in those days, the Congress, back home and listen to your constitu- regulator is necessary and some addi- working with Franklin Roosevelt, ents talk about foreclosure problems. tional reforms to make sure that these crafted a program that had the Federal As I pointed out yesterday, we are now GSEs, these government-sponsored en- Government actually purchase highly averaging 8,427 filings for foreclosure terprises, particularly Fannie Mae and distressed, troubled mortgages and on a daily basis in the country. So Freddie Mac, will be on a sound foot- then put those families back on their every single day in this country, more ing. This bill does that, and we were feet by a fixed-rate mortgage they than 8,000 people, between 8,000 and able to achieve that through the co- could afford. That program actually 9,000 people are in the process of losing operation I mentioned a moment ago. produced a surplus for the American their homes. There are 1.5 million of That is absolutely essential if we are Government of some $16 million. We our fellow citizens who have already going to have any hopes at all of stabi- don’t have a program like that, but it lost their homes over the last year or lizing the housing problems. is similar. Instead of actually pur- so, and with resets of adjustable rate We establish in this bill a permanent chasing distressed mortgages, we are mortgages coming up in July, the esti- affordable housing program, not a tem- insuring them by insisting that the

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5928 CONGRESSIONAL RECORD — SENATE June 20, 2008 lender reduce the amount they are ask- he doesn’t do that. It would be a great lose the most important and valuable ing for and settle on a fixed-rate cost tragedy to have the President decide to asset they will ever have, the family that the borrower can afford. There- veto this legislation. home. What a difference it can make to fore, the lender does not lose every- I am told the reason he wants to veto a family to have that house in which to thing. It costs them in order to take it is because we include money for the raise their family and feel secure that this arrangement, but the borrower Community Development Block Grant the home they are living in and raising also gets to stay in their home, and Program, some $3.9 billion. That is an their children in will be theirs and not they end up paying that insurance and emergency effort. The reason we have be lost through foreclosure. also contributing back to the cost of that is because our mayors, county su- We are hopeful this legislation will the program. pervisors, and Governors already have be adopted in the early part of next The Congressional Budget Office has foreclosed properties, many of them in week, and the President will sign it examined this idea which is temporary, their communities. These moneys are into law. What a greater gift on Inde- voluntary; you don’t have to be in it if exclusively to be used for the rehabili- pendence Day, as we break for a week you don’t want to. We are trying to tation of these homes so they can be to go back to our respective States, create a structure to allow people to resold, to make them more attractive than to have the President sign into end up with a mortgage they can afford and available so we can revitalize law a piece of legislation that would and, for lenders who worry about losing neighborhoods that have been affected allow the American people to enjoy a everything, an opportunity to get by foreclosure. certain amount of independence as well something back out of this rather than I have pointed out on many occasions in living in their homes without fear of losing all their resources. It is esti- in the past while debating these bills, if foreclosure. mated by the Congressional Budget Of- you end up with one foreclosure on a I urge my colleagues to continue to fice that this program could actually city block, the value of every other be supportive of this effort, and I thank save American taxpayers $250 million. home on that block declines imme- those who have been responsible for That is their estimate of what we may diately by more than 1 percent. Crime bringing us to this point. actually have coming back as a result rates go up by at least 2 percent in f of this effort. those neighborhoods. You start losing MORNING BUSINESS This has been a bipartisan proposal— value in other homes, even if they are Mr. DODD. I ask unanimous consent a bicameral one, for that matter. The not on the market. We know today we that the Senate proceed to a period of House has adopted a very similar pro- have some 15 million homes where the morning business with Senators per- gram in their bill. There was an effort debt exceeds the equity. Despite efforts mitted to speak for up to 10 minutes to strip this program out of the bill over the years to increase that equity, yesterday. Our colleagues voted 77 to 11 each. to become part of retirement and deal The PRESIDING OFFICER. Without to reject such an effort. We don’t get with a family crisis, such as a higher objection, it is so ordered. votes like that often, but I commend education cost, many families now are Mr. DODD. I suggest the absence of a my colleagues, Democrats and Repub- living in homes where the debt on the quorum. licans, for sticking with an idea that mortgage exceeds the value of the The PRESIDING OFFICER. The was recommended to us by a broad con- house. That is an unhealthy situation. clerk will call the roll. sensus on the political spectrum. So it We need to do everything we can by The assistant legislative clerk pro- was very important. We had strong cleaning up where foreclosed properties ceeded to call the roll. votes yesterday for the regulatory re- exist and getting them back on the Mr. DORGAN. Mr. President, I ask form for GSEs. The effort to strip out market. unanimous consent that the order for the affordable housing program was Let me commend Senator BAUCUS of the quorum call be rescinded. soundly defeated as well. The amend- Montana and Senator GRASSLEY of The ACTING PRESIDENT pro tem- ment relative to the HOPE for Home- Iowa, chair and ranking member of the pore. Without objection, it is so or- owners Act was also resoundingly de- Finance Committee, the tax-writing dered. feated. committee. Part of this bill includes OIL MARKET SPECULATORS We are on the brink of adopting the provisions to deal with mortgage rev- Mr. DORGAN. Mr. President, this most comprehensive piece of housing enue bonds, to deal with a tax incen- morning, watching television as I was legislation in a long time, and it is not tive approach to take foreclosed prop- getting ready to come to work, I heard coming any too soon either. As I have erties and encourage homeowners who a news report about how much less reported, when you have more than would move into them to buy them. We Americans were driving. I believe they 8,000 people every day slipping into need to do everything we can to allow said 4.5 billion fewer miles driven in foreclosure, with already a million and this market to get back on its feet and our country in April, although it may a half, and some estimates are those moving. have been January through April. I am numbers will explode in the coming That is a quick brief of what this bill trying to get that. But the New York weeks and months, it is a timely deci- includes. Again, it is a very good piece Times yesterday had the same thing. It sion for Congress to do everything we of legislation. It is not perfect. If I says: ‘‘Driving Less: Americans Finally can to restore confidence and opti- were writing it myself, it would look React to the Sting of Gas Prices.’’ It mism, to keep people in their homes, different, as I am sure it would if each described that in April of 2008, com- and to get our economy back on a Member could write the bill. But we pared with the same month 1 year ago, sound footing. We will not do that in serve in a body of 100 Members. We Americans drove 1.8 percent fewer the absence of dealing with the housing must work with a body that has 435 miles on public roads. So round it up. crisis. Members down the hall. Of course, we Americans drove 2 percent less in Again, I commend my colleague from must work with the White House. That April, and presumably they used 2 per- Alabama. I thank him immensely for is how our system works. You don’t get cent less gasoline than 1 year ago. his work. I thank the leadership, prin- to write these things on your own. You If that is the case, that gas prices are cipally our majority leader, for making have to work with people with whom up so Americans are driving less and it possible for us to get to this moment you may have fundamental disagree- using less gasoline—then demand is where we could adopt this legislation. ments in order to resolve those dis- down, isn’t it? My hope is that the other body, the agreements, to find common ground, Well, demand is down—and we know House of Representatives, will consider and then craft ideas that can make a that; it doesn’t have to be confirmed by what we have done, how difficult it is, difference for the American people who the New York Times yesterday. De- and how precariously close we have depend upon us. mand is down. When gas goes to $4, come to having this matter blow up on That is what we have done with this people are wondering how on Earth do us on at least several occasions in the bill. It is a sound, reliable, strong piece I pull up to the gas pump and afford to last several days. We need to send this of legislation that will make a dif- fill the tank? I had a tribal chairman package to the President for his signa- ference for the American people and, come to the Senate yesterday. He de- ture. He is threatening a veto. I hope particularly, families fearing they may scribed a mother who was driving her

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5929 daughter, who had threatened to com- ergy from the air? What about solar? have the best people and the experts. mit suicide, to see a doctor. But the What about biomass? There is so much So here is what they have estimated. mother didn’t have money or enough more we can and should do with re- By the way, this red line is the ac- gas in the car to get back home, so she spect to the production of energy. tual price, okay? Go back here in May came to see the tribal chairman of this I will talk about that some more, but 2007, and they estimated the price of particular Indian tribe to try to get I want to come back to this issue of gasoline was to be about here. In July some money to put some gas in the speculation. Right now, the price of gas 2007, they said here is where we think tank to be able to drive home after is killing us. We have, I think, 12 air- the price will be. In September of 2007, driving her daughter to the doctor. lines that have gone bankrupt in re- here is where we think the price is We know these stories. A lot of peo- cent weeks and months. We have a going to be. In November 2007, we think ple can’t afford this, so they are driv- whole lot of trucking companies that the price will go down, actually. In ing less. So if demand is down, then are now out of business because they January 2008, the price is going to go why are gasoline prices staying up? cannot afford to continue to operate by down. March 2008, it is going to go Four of the first 5 months of this paying current diesel prices to fill down, and in April, it is going to go year, we have seen increases in crude their trucks. We have farmers who down. oil inventories. Let me say that again: can’t figure out how they are going to Here is what actually happened. Oil Crude oil inventory supplies in this order a load of fuel for spring’s work prices went straight up, like a Roman country have increased 4 of the last 5 and summer’s work because it costs candle. So the best people we have in months. So if supplies are up, and de- too much. We have a lot of families the agency instructed to do this anal- mand is down, what justifies a contin- driving up to a gas pump and putting ysis say, here is our estimate of oil ued increase in the price of oil? It is in only five gallons because they can’t prices—and the fundamentals of the not justified. It is unbelievable specu- possibly afford to fill the tank. marketplace should reflect supply and lation in the commodities markets. What is causing all that? Well, we demand. I assume they probably I want to talk about that for a mo- have what is called a commodities thought people were going to drive a ment today. But I want to also note market that has now been infested little less as prices went up so that we that in the Washington Post this morn- with hedge funds and investment would have more conservation. But ing, Steven Pearlstein had an article. banks. Investment banks, for the first they said, we think we are going to be It says: ‘‘On Energy: Same-Old, Same- time in history, and in recent years, okay on supply and have a little less Old.’’ And he is right about that. Same are in this commodity market specu- demand and prices will moderate. In- old thing, isn’t it, on energy? lating. They have actually purchased stead, prices went like this. We can’t live without energy. The storage capacity in order to take oil off How can we be so wrong for so long? fact is, we get up in the morning and the market. That is not a particularly That is the question, I guess, for next flip a switch and the light goes on. We good way to bring down prices, is it? week. But I have had a chance to ask plug something in and our razor works. But that is not the interest of some of the head of this agency at a previous We get in the car, turn the key, and we these speculators. They think increas- hearing whether there is some specula- can drive. We take energy completely ing the price is fine. It is exactly what tion here. My notion is this is an unbe- for granted, and yet we are prodigious they want. lievable orgy of speculation, and that users of energy. Will Rogers described all this years is what is happening to this market. But we have a problem: Part of the ago. He described people who buy The market is broken, doesn’t work, it problem is that divine providence, ap- things they will never get from people is full of speculators, and they are in- parently, ended up putting most of the who never had it, making money on terested in driving up the price. They oil under the sands way on the other both sides. It wouldn’t matter so much do not give a rip about the damage to side of the planet and most of the de- if the speculation on a commodity isn’t the economy. But the answer from the mand is here. So we stick straws in so essential to this country. There is EIA was, well, a little bit of specula- this planet of ours and suck oil out unbelievable speculation on oil and gas tion, but, you know, not very much. It every day. Eighty-five million barrels prices in this country, particularly oil was kind of a two-step shuffle with of oil every day we suck out of this prices at this point, that is damaging your hands in your pockets, rumi- Earth, and one-fourth is destined to be our economy. It is damaging our coun- nating. Wearing a gray sweater and used in this little spot called the try, it hurts American truckers, farm- smoking a pipe and ruminating: Well, United States. We use a quarter of the ers, and others, and we need to do maybe a little speculation. oil every single day that is produced in something about it. You know what? I think the truth this world. Now, the question is, what? I am is—and this chart with these lines dem- That is pretty unbelievable when you going to hold a hearing next week. I onstrates how wrong we have been for think about it. So we have big prob- chair the subcommittee that funds the so long—that there is a massive lems. We use a quarter of the oil, and Department of Energy, among other amount of speculation here. There are much of it is produced elsewhere— things, and it funds the Energy Infor- plenty of experts around who say this Saudi Arabia, Kuwait, Iraq, and Ven- mation Administration. That is the market is like a casino, open 24/7. ezuela—in troubled parts of the world. agency we pay in the Department of Now, what does it matter? Well, what We need to be less dependent on finding Energy to tell us what they know matters is this is doing unbelievable oil from off our shores, which means we about energy. This is not a policy damage to our economy and to our need to be more diligent in finding group, but we spend a lot of money on country. I would understand it—I ways to produce more here. the EIA. If somebody is talking about wouldn’t accept it, but I would under- But it is not just producing oil, how- energy and giving you some analysis stand it, if at least the supply and de- ever. There are a lot of ways to produce about energy statistics, it is probably mand relationship here justified an in- energy. My colleagues on the other the Energy Information Administra- crease in price, but it does not. Refin- side, who have spent the last several tion, run by Mr. Caruso. Mr. Caruso is eries in this country in recent months days in this Chamber saying we have to going to testify before my sub- have actually cut back in their capac- drill here and drill there; that the only committee this coming week. ity because they have had too much in- way you produce is to drill a hole But I want to show you this chart. I ventory out there. Drivers are driving someplace. Well, I know people like am not showing this to demonstrate less, crude stocks in 4 of the first 5 this. They are the dig-and-drill type. I that the EIA is incompetent. That is months have been up, yet the price of call them ‘‘yesterday forever.’’ Digging not my allegation here. However, I oil continues to rise. and drilling, that is the only way they wanted to show you what the Energy Now, the large oil companies that are think you can produce energy. Information Administration has esti- going to the bank depositing our What about planting a crop in a farm mated each month, because they esti- money have a permanent grin. They field and producing ethanol? What mate what the price of oil is going to can’t stop smiling. The Saudis and the about putting up a wind turbine and be. Nobody knows, so EIA makes the OPEC countries can’t stop smiling ei- producing electricity by taking the en- best estimate they can, because they ther because they are contributing

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I was one of four Senators statute to be ‘‘learned in the law.’’ I believe that speculation is rampant who constructed the legislation that is As Paul put it during his confirma- and the regulatory authorities, the now law that opens what was called tion hearing in April 2005, the Solicitor people who are supposed to wear the lease 181. Substantial oil and natural General sits literally at the crossroads striped shirts and call the fouls, the gas are there. We ought to open much of the separation of powers. He is an Commodity Futures Trading Commis- more of that on the eastern Gulf of executive branch official who defends sion are largely doing nothing about it Mexico. That is where the highest po- the actions of the executive and legis- except for the last couple of weeks tential of recoverable oil is, in the Gulf lative branches before the judicial when someone has, apparently, lit of Mexico. We can do that safely. branch. their fuse or when the Chairman had The fact is, you need to do much Today, the Solicitor General rep- some sort of epiphany overnight and more. We are not going to drill our way resents the United States before the said it looks as if we ought to start in- out of this problem. We need much Supreme Court and manages the vestigating this. The Chairman of the more renewable energy and more con- United States’ participation in thou- regulatory body has said repeatedly servation. By far, the lowest hanging sands of lower court cases. That means now, for many months: It is just the fruit in the energy issue would be to he must make decisions in individual fundamentals, there are no problems retrofit all buildings in America. The cases with reference to past positions Mackenzie study says that is the here, the market is working fine, just taken by the United States and vigi- quickest and easiest way to achieve fine. He said it last July, he said it in lance about how current positions may substantial savings in energy. There is January, he said it in February, he said affect the future. so much to do and so much available to it in May, be happy, there is no prob- Such a constant, and constantly us in renewable energy, in conserva- changing, set of factors makes the So- lem here. The fundamentals of the oil tion, efficiency, and also the other ele- licitor General’s job something like the markets are working just fine. ments that come together outside of Then, all of a sudden, we had a kind just drilling and digging. courtroom version of multi-dimen- of tipping point. The Chairman of the I support some drilling and I support sional chess. Commodity Futures Trading Commis- some digging. But that is not a policy, Because of his special relationship sion said: There might be something it is just a chant to say: Let’s keep with the Supreme Court, the Solicitor wrong. We are going to look at it. And doing what we have been doing. That General is often referred to as the oh, by the way, we have been looking has driven us into a ditch. We want to Tenth Justice. Because of its astound- at it for 7 months. get out of the ditch. We don’t want to ing breadth and depth of experience It is a little confusing to me and I ex- make the ditch deeper. and expertise, the Solicitor General’s pect to the American people. Either I am going to be introducing legisla- office has been called the best law firm the fundamentals were not right, or tion next week to address this problem in America. they were, back when he was assuring of speculation. My hope is that all Paul Clement stands in a line of So- the American people everything was those who believe, as I do, that this licitors General that includes some of fine. market is not working right will sup- the true giants in the law and in the Having said all of that, it is pretty port this effort. When you have an in- service of our country. clear to me what is going on here. We crease in supply of oil and you have a They include many who also served have a dramatic amount of specula- decrease in demand, you would expect on the federal bench such as Supreme tion, a bunch of big interests running that prices would begin going down, Court Chief Justices William Howard up the price of oil on the commodities not continue to go up on a steep path. Taft and Charles Evans Hughes; Asso- market—hedge funds, investment This market is broken, and I believe ciate Justices Stanley Reed, Robert banks, and others—speculating, purely Congress has a responsibility to fix it. Jackson, and Thurgood Marshall; and speculating in these oil markets. That is what I hope my colleagues and Circuit Judges Kenneth Starr, Wade I am going to introduce some legisla- I will be able to do beginning next McCree, and Walter Cummings. tion next week that addresses that sub- week. They include some of America’s most ject. It will be the End Oil Speculation I yield the floor, and I suggest the ab- distinguished legal academics such as Act. It will require the Commodity Fu- sence of a quorum. Walter Dellinger, the Maggs Professor tures Trading Commission, which has The PRESIDING OFFICER (Mr. of Law at Duke; the late Erwin Gris- largely been asleep at the switch, to CASEY). The clerk will call the roll. wold, dean of Harvard Law School for use the authority it has to do what is The legislative clerk proceeded to 31 years; and the late Rex Lee, from my necessary to separate legitimate trad- call the roll. own State of Utah, who was the found- ing for hedging purposes on the com- Mr. HATCH. Mr. President, I ask ing dean of the J. Reuben Clark School unanimous consent that the order for modities market for oil from trading of Law at Brigham Young University. the quorum call be rescinded. that is purely speculative. It will in- Past Solicitors General also include The PRESIDING OFFICER. Without those who would distinguish them- crease the margin requirement on trad- objection, it is so ordered. ing that is purely speculative. It will selves in both the academic and judi- do a number of other things that re- f cial worlds such as Charles Fried, who spond to the need to say: We believe SOLICITOR GENERAL PAUL has taught at Havard Law School since this market should work. We think CLEMENT 1961 and served on the Supreme Judi- this market is necessary. But when a Mr. HATCH. Mr. President, I rise to cial Court of Massachusetts; and Rob- market is broken, the U.S. Congress pay tribute to the service of Paul ert Bork, who was the Bickel Professor has a responsibility to address it. Clement, who recently stepped down as of Public Law at Yale and served on My legislation will have time re- our Nation’s 43rd Solicitor General. the U.S. Court of Appeals for the D.C. quirements and will make certain that Paul served in that office for more Circuit. the Commodity Futures Trading Com- than 7 years, first as Principal Deputy Like Paul Clement, current Chief mission takes the action that is nec- to Solicitor General Ted Olson, then as Justice John Roberts served as Prin- essary to wring the speculation out of Acting Solicitor General, and for three cipal Deputy Solicitor General. these markets. I will introduce that years as Solicitor General. He is a good Paul deserves to stand among such early next week. man and an excellent lawyer who was a legends. I do want to say with respect to the great Solicitor General. A native of Cedarburg, WI, Paul grad- Stephen Pearlstein article that I think Before speaking about Paul, let me uated from the Cedarburg public he has it right—‘‘same old, same old.’’ first say a few words about the office in schools and went on to receive a bach- He said: Somebody brings up offshore which he served. elor’s degree summa cum laude from

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I there magna cum laude after serving as argument into a compelling argument thought the boys did quite well that Supreme Court editor of the Harvard better than Paul Clement. Many who day and hope they were duly rewarded. Law Review to boot. have seen him argue remark that I was also touched at that hearing With that record, it is not surprising though he speaks without notes, he has when Paul talked about his wife and that he had the opportunity to clerk an astounding command of the facts her role in supporting his work. He for truly great judges such as Judge and the law in each case. said: ‘‘Every day that she allows me to Laurence Silberman on the U.S. Court He has vigorously defended the legis- practice law outside the home while of Appeals for the D.C. Circuit, who re- lation we have enacted on a wide range she stays home with our three boys is cently received the Presidential Medal of issues, from the McCain-Feingold of Freedom, and Supreme Court Jus- campaign finance law and the ban on a personal sacrifice and an indulgence tice Antonin Scalia. partial-birth abortion to the Solomon of my interests, for which I am eter- After a few years in private practice, Amendment and the Americans with nally grateful.’’ Paul joined the United States Senate Disabilities Act. I am not the only one to recognize family as Chief Counsel of the Judici- I would be surprised if any of my col- Paul Clement as a very good man and ary Subcommittee on the Constitution, leagues voted for every piece of legisla- a very good lawyer or to applaud his Federalism, and Property Rights, tion Paul has defended before the Su- service to our country. chaired by our former colleague and preme Court. I know I have not. I ask unanimous consent to place in former Attorney General John But in every case, Paul upheld the the RECORD following my remarks let- Ashcroft. highest standards of his office by dili- ters sent to me by former Solicitors I chaired the Judiciary Committee at gently defending the work of the legis- General Ted Olson and Seth Waxman, the time and remember Paul not only lative branch. And while each Solicitor General the current Deputy Attorney General as a smart and hardworking lawyer but faces unique challenges and special Mark Filip and his predecessor Paul as a thoughtful, humble, and truly de- cases, Paul’s tenure coincided with the McNulty, former Attorney General cent person. war on terror that we continue to Edwin Meese, former Senator John It is easy to find someone with either fight. Ashcroft, Judge Laurence Silberman, professional talents or personal quali- He has confronted not only novel, and Justice Antonin Scalia. ties, but a rare gift to have someone complex, and serious legal issues, but like Paul who has both. The PRESIDING OFFICER. Without he has borne the burden of knowing After leaving the Senate, Paul re- objection, it is so ordered. that his efforts will dramatically affect turned to private practice and headed American lives, and indeed the Amer- (See exhibit 1.) the appellate practice group of the dis- ican way of life itself. tinguished law firm of King & Spalding I want to highlight a few comments Paul’s combination of experience al- from a few of these letters. before joining the Solicitor General’s lowed him to do some truly unique office. A far less impressive record things as Solicitor General. When he Former Solicitor General Ted Olson, spread over a lifetime would suffice for earlier served on the Judiciary Com- for example, wrote to me that ‘‘I have most, but Paul does not achieve the mittee staff, for example, Paul worked been continuously impressed by his un- ripe old age of 42 until next week. hard on the development and passage failing dedication and talent. I cannot Three members of this body have of the Religious Land Use and Institu- imagine a more productive, honorable been serving here since before Paul tionalized Persons Act. and distinguished record of exceptional Clement was born. Why, the Senator I introduced that legislation after government service. . . . General Clem- from West Virginia, Mr. BYRD, was in the Supreme Court struck down pre- ent has also been an outstanding stew- his second term when young Paul came vious efforts to protect religious lib- ard of the office of the Solicitor Gen- into the world. erty. The Senate unanimously passed eral throughout his 7 years of govern- The Senator from Paul’s home State the bill. ment service. . . . He leaves this fine of Wisconsin, Mr. FEINGOLD, my col- Then in 2005, as Solicitor General, office in superb condition, fully staffed league on both the Judiciary and Intel- Paul defended the constitutionality of and in the hands of lawyers dedicated ligence Committees, introduced and that law and the Supreme Court unani- to carry on the work of the Solicitor praised Paul at his confirmation hear- mously upheld it. General.’’ ing. He noted that Paul would be the And in the case now before the Su- Deputy Attorney General Mark Filip youngest Solicitor General in more preme Court regarding the District of than 50 years and one of the youngest attended Harvard Law School with Columbia’s ban on firearm possession, Paul and together they clerked for Jus- in American history. Paul argued before the Justice for I do not want to belabor the point, tice Scalia. He writes: ‘‘The respect whom he clerked regarding the opinion and praise for Mr. Clement is the prod- but as I become a more seasoned cit- of the Circuit Judge for whom he izen myself, I am impressed with how uct of his unique talents and work clerked. ethic. He is exceptionally bright, and much some of these young people can Some who have compiled such an accomplish. he is a gifted oral advocate. He is also amazing resume have taken much intellectually honest and open-minded Oh, I forgot one item on Paul’s jam- longer to do so. Some who have done so . . . Paul is a fundamentally decent packed re´sume´. Last September, Paul quickly are, quite frankly, not nearly person, and a true patriot, and the De- squeezed in a full 24 hours of service as so decent and kind as Paul Clement. partment of Justice and Nation are de- Acting Attorney General. Fittingly, He and his wife Alexandra have three cidedly better because of his public that was on September 17, which is the wonderful children, Thomas Antonio, service.’’ anniversary of both the Constitution’s Theodore Gerald, otherwise known as signing and the confirmation of Paul’s Theo, and the youngest, Paul Gregory. And Justice Scalia wrote to me this former boss Justice Scalia to the Su- The little one, called P.G., made his way: ‘‘when it was rumored that Paul preme Court. presence known at the opening of Clement was under consideration to fill Paul has argued a total of 49 cases Paul’s confirmation hearing. Young- the vacancy in the office of Solicitor before the Supreme Court. I should per- sters are known to do that. General, the Court (and I speak here of haps say that he has so far argued 49 We all remember Chief Justice Rob- a 9–0 judgment) was delighted. It was cases, as Paul may well return to the erts’ son Jack doing the dance of joy the consensus, based on Mr. Clement’s

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5932 CONGRESSIONAL RECORD — SENATE June 20, 2008 appearances before us over the pre- EXHIBIT 1 Washington, DC, June 2, 2008. ceding few years, that the President GIBSON, DUNN & CRUTCHER LLP, Hon. ORRIN HATCH, could not make a better choice. We Washington, DC, June 3, 2008. U.S. Senate, have not been disappointed in our ex- Re Solicitor General Paul D. Clement Washington, DC. DEAR SENATOR HATCH: I’m delighted to add Hon. ORRIN G. HATCH, pectation. For the past 7 years, Gen- my voice to the chorus applauding Paul U.S. Senate, eral Clement could be relied upon to Clement’s tenure as Solicitor General of the Washington, DC, assure that the Government’s case was United States. Throughout, Paul conducted DEAR SENATOR HATCH: I understand that presented forcefully but fairly, without you will be offering a Senate tribute to retir- himself before the Court in the very finest exaggeration or obfuscation. The Gov- ing Solicitor General Paul D. Clement. You traditions of the office. I’m delighted that he ernment did not always win, of course, are very kind to do this, and I wanted to plans (for now at least) to remain close by, because sometimes its case was a weak take the opportunity to add my praise to the and I look forward to many happy years of one; but the Office of Solicitor General many plaudits that I am sure you have re- continued professional association with this ceived from others for the outstanding and fine lawyer. said for it the best that could be said. Yours sincerely, I take special pride in passing along dedicated service Solicitor General Clement has rendered to the Government of the U.S. SETH P. WAXMAN. this praise, since as you know Paul was and to the people of this Nation during his 7 once a law clerk of mine and has re- years as Deputy Solicitor General and Solic- OFFICE OF THE mained a good friend.’’ itor General. DEPUTY ATTORNEY GENERAL, This is certainly high praise and I As you know, General Clement served as Washington, DC, June 2, 2008. share all of it. my Principal Deputy in the Solicitor Gen- Hon. ORRIN HATCH, But Paul Clement is no ordinary eral’s office from 2001 until 2004. As a result, U.S. Senate, super-lawyer. I was able to observe, on a daily basis, his ex- Washington, DC. Last year, a profile in the Wall traordinary talents and dedicated service in DEAR SENATOR HATCH: In June 2008, Paul the Department of Justice. I also stayed in Clement completed his tenure at the Justice Street Journal noted Paul’s credentials close touch with his work in the years since Department as one of the most distinguished and brilliance but also revealed that he I left the office in 2004. I have been continu- Solicitor Generals in United States history. is a fan of alternative rock music, with ously impressed by his unfailing dedication Mr. Clement leaves the Justice Department his favorite band the grunge group Nir- and talent. I cannot imagine a more produc- with the respect and admiration of a vast vana. tive, honorable and distinguished record of group of people within the Department, The Journal speculated that Paul is exceptional government service. within the ranks of present and former mem- the first Solicitor General to frequent General Clement is and has been a superb bers of the federal judiciary, and among advocate for the United States before the members of the private bar. The breadth of the 9:30 Club, described as Washing- United States Supreme Court. I personally ton’s alternative rock outpost. this group of peop1e—from both sides of the observed many of his forty-nine arguments political aisle, from across the spectrum of A writer on the Wall Street Journals before the Court and I am familiar with the federal judiciary, and from his former blog offered this simple yet profound many of the arguments that I did not wit- litigation colleagues and adversaries alike— assessment, which I also share: ness. His preparation for and delivery of ar- is decidedly uncommon in our present legal Paul Clement rocks. guments to the Court have invariably been culture. The range of respect for Mr. Clem- superb. His analysis has been meticulous and ent is even more impressive when one real- I understand that Paul will be stay- insightful, his oral advocacy honest, clear ing in the Washington area, returning izes that he has litigated the most high pro- and forthright, and he is eloquent and per- file cases, concerning the most sensitive to teach law at Georgetown and serv- suasive in Court. Many of his arguments issues, before the U.S. Supreme Court over ing as a fellow at the Supreme Court have involved defending the constitu- the last seven plus years. Institute. tionality of acts of Congress. Congress could The respect and praise for Mr. Clement is Both institutions and the people they not possibly have had a better advocate. He the product of his unique talents and work serve are truly blessed to have him. repeatedly and consistently earned the re- ethic. He is exceptionally bright, and he is a Already in his young life, Paul Clem- spect, admiration and appreciation of the gifted oral advocate. He is also intellectually Justices. honest and open-minded. I regard the year I ent has touched many lives and made Another part of General Clement’s service spent clerking with him for Justice Scalia as America better. was managing the appellate practice of the one of the true good fortunes of my profes- I understand that Paul and his fam- lawyers of the United States in the federal ily are today doing some well-deserved courts. He has worked diligently and con- sional career. Paul is a fundamentally decent scientiously to insure that the interests of person, and a true patriot, and the Depart- traveling abroad. ment of Justice and Nation are decidedly I join so many others in thanking the United States were well served in deter- mining whether to appeal decisions adverse better because of his public service. Thank him for his service to America and in you very much, Senator Hatch, for appro- offering my prayers for him and his to the United States and to intervene in cases where the interest of the United States priately recognizing his contribution. family in their lives ahead. required it. The quality of that advocacy has Very truly yours, This is an exceptional human being. been clear, fair, and consistently of the high- MARK FILIP, He is a great man. At his tender age, he est caliber. In developing the position of the Deputy Attorney General. has been a great Solicitor General by United States, he has thoughtfully and all measures. Whether you are a Demo- painstakingly listened to and helped articu- BAKER & MCKENZIE, LLP, Washington, DC, June 6, 2008. crat or Republican, you have to ac- late the views of the Government agencies that he has represented, never overlooking Hon. ORRIN G. HATCH, knowledge that. He has served this U.S. Senate, country well and faithfully. I value his the fact that the people of this Nation were his ultimate clients. Washington, DC. friendship. I value him as a human General Clement has also been an out- DEAR SENATOR HATCH: Thank you for the being. standing steward of the Office of the Solic- honor to participate in paying tribute to the On behalf of, I think, every member itor General throughout his 7 years of gov- outstanding service of Paul Clement, former of the Judiciary Committee and others ernment service. He has encouraged, sup- Solicitor General of the United States. I was who knew him, we wish Paul the abso- ported and guided the exceptional career at- privileged to be Paul’s colleague at the De- lute best. We know he will be giving a torneys and staff members of the Office of partment of Justice for six years, and I con- the Solicitor General. He leaves this fine of- sider him to be one of our country’s finest great deal of knowledge to those young public servants. students and others who will learn fice in superb condition, fully staffed and in the hands of lawyers dedicated to carry on Since the horrific attacks on America on from him. the work of the Solicitor General. September 11, 2001, our nation has faced the I am grateful to know him. I am Solicitor General Clement is a unprecedented challenge of preventing an- grateful I have had the privilege of paradigmatical example of unselfish govern- other devastating attack by a largely invis- working with him. I am grateful I have ment service. He has earned the respect and ible enemy. This effort has placed an espe- been able to watch his career as he gratitude of all citizens. cially heavy burden on our military and law served in the Solicitor General’s office. Thank you for expressing the Nation’s ap- enforcement agencies. It has also presented preciation and thanks to General Clement us with a set of extremely difficult legal I am grateful this young man has for his outstanding personal and professional issues as we work to protect American lives reached the heights he has reached be- service as Solicitor General of the United while remaining faithful to the rule of law. cause he deserves it. He is a terrific States. No one in the United States has done more human being, and we all know that. Very truly yours, to find the best answers to these complex I yield the floor. THEODORE B. OLSON. questions than Paul Clement. At a time

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when our country needed its best and bright- THE ASHCROFT GROUP, LLC, this praise, since as you know Paul was once est to step forward and serve, Paul Clement Washington, DC, June 2, 2008. law clerk of mine and has remained a good was an answer to the prayers of millions of Hon. ORRIN G. HATCH, friend. Americans who earnestly hoped for capable U.S. Senate, For a successful lawyer, a 7-year commit- leaders in this historic hour. Washington, DC. ment to government service involves mas- When I served as United State Attorney in DEAR SENATOR HATCH: The opportunity to sive financial sacrifice. The sacrifice is all the Eastern District of Virginia, I witnessed thank Paul Clement for his years of super- the greater, and is shared, when the lawyer his superb argument before the Fourth Cir- lative public service is one for which I am has a wife and three young children. So not cuit Court of Appeals in the prosecution of grateful. only does Paul deserve the Nation’s thanks convicted terrorist Zaccarias Moussaoui and It is a personal pleasure and profound for making a significant contribution to fed- his excellent judgment and advocacy in the honor to have had the privilege of working eral justice, but so does Alexandra for let- litigation arising from the detention of alongside Paul in various settings. We first ting him do so. Yaser Hamdi. Paul’s approach was never worked together when he served as Counsel He has our best wishes and confident ex- combative and ‘‘win at all costs’’. Rather, he to the Constitution Subcommittee of the pectations for continuation of a brilliant ca- calmly, respectfully, and brilliantly worked Senate Committee on the Judiciary. Fol- reer in the law. through the issues presented in these cases lowing my appointment as U.S. Attorney Sincerely, to find answers that were consistent with the General, I had the satisfaction of working ANTONIN SCALIA. letter and spirit of the U.S. Constitution. with Paul in the Office of the Solicitor Gen- Later, when I served as Deputy Attorney eral. f General, I again had the benefit of Paul’s In all of his service, integrity has been wise counsel and a better seat from which to thoroughly sustained; his wisdom as a Coun- selor has been unsurpassed and the industry TRIBUTE TO FRANK WOODRUFF observe his integrity in action. When Paul BUCKLES was asked where he thought the Supreme with which he has approached every chal- Court would go in a particular case, he of- lenge has been unflagging. Even so, Paul Mr. BYRD. Mr. President, this week, fered only clear and honest assessments with never allowed the excellence of his intellect I was pleased to participate in a cele- the utmost respect for every person and per- to interfere with his cordial friendships with bration of a true American hero, a spective. It is no small irony that at a time coworkers. I know of no record of public service more West Virginia legend, and a friend, Mr. so marked by emotion-filled arguments and Frank Woodruff Buckles, the last sur- about constitutional fidelity in the war worthy of praise than that of Paul Clement. against terrorism, our nation’s top advocate The U.S. Senate is to be congratulated for viving American veteran of World War for the government has been a man of unfail- its foresight and wisdom in confirming him I. ing civility and intellectual integrity who as U.S. Solicitor General to defend our na- His has always been a life of excite- cares far more about the Court getting it tion’s interests in the judicial system. ment and adventure, an example of liv- right than his own scorecard of success. I am truly grateful for Paul’s professional ing life to the fullest. His career in the and personal friendship. May God bless him As Paul now enters a new phase in his ex- and his family in the days ahead. steamship business in the 1920s and traordinary legal career, I wish this man of Sincerely, 1930s took him to Nazi Germany, where faith and devotion to family all the best. I JOHN ASHCROFT. he saw the German dictator, Adolph also hope that some day, once again, he will Hitler, at the 1936 Olympics, and wit- be the answer to America’s prayer for a de- U.S. COURT OF APPEALS, nessed the great Jesse Owens win 4 voted public servant in a time a great need. DISTRICT OF COLUMBIA CIRCUIT, Gold Medals. In the 1940s, his work Senator Hatch, I greatly appreciate your Washington, DC, May 19, 2008. took him to the Philippines, where he support for Paul, the Department of Justice, Hon. ORRIN G. HATCH, and your many years of leadership in the was captured and spent three and one- U.S. Senate, third years until the end of World II in United States Senate. Washington, DC. Respectly yours, DEAR ORRIN: The following tribute to Paul a Japanese POW camp. Here he led his PAUL J. MCNULTY, Clement is being sent to you for submission fellow prisoners in calisthenics, as well Former Deputy Attorney General. into the Congressional Record: as a number of Japanese guards who ‘‘Paul Clement is a superb lawyer and was put down their guns and joined in. THE HERITAGE FOUNDATION, a splendid Solicitor General with almost in- That would have been more than a Washington, DC, June 10, 2008. variably good judgment.’’ lifetime of experiences for most mor- Re Paul Clement Sincerely, tals, but not Mr. Buckles. His life had Hon. ORRIN HATCH, LAURENCE H. SILBERMAN, just begun because, after the war, he U.S. Senate, U.S. Senior Circuit Judge. married and became a West Virginian Washington, DC. and a farmer! DEAR SENATOR HATCH: It is a pleasure to SUPREME COURT OF THE UNITED STATES, Washington, DC, June 6, 2008. For the next 50 years, Mr. Buckles join you in recognizing the excellent work of has experienced and enjoyed life as a Paul Clement as Solicitor General of the Hon. ORRIN G. HATCH, United States. U.S. Senate, farmer in the eastern panhandle of Washington, DC. West Virginia. At 107 years of age, he Having served as Attorney General, I know DEAR SENATOR HATCH: I have sometimes of the importance of his position as the key still operates his 330-acre cattle farm. remarked that one does not fully appreciate, official responsible for all the appellate work He remains an avid reader. For exam- unless and until he becomes a judge, how ap- done on behalf of the people of this Country. ple, he recently read my book, ‘‘Losing propriate it is for counsel to be called ‘‘offi- The Department of Justice has an enviable America.’’ Every year, on his birthday, cers of the court.’’ Judges make the deci- record of high quality legal appellate work, sions, to be sure. But they rely upon counsel he takes my staffer, Ms. Martha Anne thanks to a succession of fine Solicitors Gen- to bring forward the best of what can be said McIntosh, out to dinner at the Bavar- eral. Paul has continued that tradition and for each side of the case. And when counsel ian Inn in Shepherdstown. has provided the personal leadership and pro- fail to do that, the outcome may suffer. Now that is impressive! At the age of fessional competence which has won the ac- Thus, when it was rumored that Paul claim of the Justices of the Supreme Court 107, he is still reading, working, and en- Clement was under consideration to fill the as well as the attorneys that make up the gaging in an active social life! Mr. vacancy in the office of Solicitor General, Supreme Court Bar. Buckles is my role model. the Court (and I speak here of a 9–0 judg- Maybe his long, productive, and In summary, Paul Clement has done an ment) was delighted. It was the consensus, outstanding job as Solicitor General of the based on Mr. Clement’s appearances before happy life is a product of breathing the United States. His commitment to the rule us over the preceding few years, that the good, clean West Virginia mountain of law and the Constitution, as well as his President could not make a better choice. air! More likely, it is the result of his legal knowledge and expertise, has contrib- We have not been disappointed in our ex- healthy attitude toward life itself be- uted to a distinguished record of service to pectation. For the past 7 years, General cause, as the Bible tells us, ‘‘A merry the Country. Clement could be relied upon to assure that heart doeth good like a medicine.’’ Thank you for your efforts in leading this the Government’s case was presented force- (Proverbs, 17:22). commendation of an outstanding public offi- fully but fairly, without exaggeration or ob- Mr. Buckles is eternally young, and cial. fuscation. The Government did not always Sincerely, win, of course, because sometimes its case for that, we appreciate him, as well as EDWIN MEESE III, was a weak one; but the Office of Solicitor honor him for a life that exemplifies Attorney General of the United States, General said for it the best that could be the American ideals of bravery, patri- (1985–1988). said. I take special pride in passing along otism, and perseverance.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5934 CONGRESSIONAL RECORD — SENATE June 20, 2008 TRIBUTE TO NELDA BARTON- who continues to make a significant and sub- Barton-Collings also serves on the Kentucky COLLINGS stantial contribution to our area, to our Economic Development Partnership Board; state, and, indeed, to our nation. Dr. Nelda as secretary of the University of Kentucky Mr. MCCONNELL. Mr. President, I Barton-Colllings truly is a legend in her own Center on Aging; and as chair of University rise today to pay tribute to a good time.’’ After the luncheon, the assembly pro- of the Cumberlands Board of Visitors. friend, Nelda Barton-Collings. Mrs. ceeded to the Hutton School of Business, Married to Dr. Jack Collings of Owensboro, Barton-Collings is a well-respected where a portrait of Mrs. Barton-Collings Kentucky from March of 1992 until his death Kentuckian and businesswoman, re- adorns a special classroom, which bears her in 2000, Barton-Collings is the mother of five, cently retired after serving 28 years on name, in recognition of her faithfulness and grandmother of ten, step-grandmother of the Republican National Committee. support of UC. twelve, and great-grandmother of two. Mrs. Barton-Collings resides in A native of Providence, Webster County, Dr. Jim Taylor, University of the Cum- Kentucky, Barton-Collings attended Western berlands president, said, ‘‘It is entirely ap- Corbin, KY, where she was married to Kentucky University for two years before propriate that Mrs. Barton-Collings’s picture Dr. Harold Bryan Barton. After the she entered the Norton Memorial Infirmary hangs in this room where our students will passing of Dr. Barton she took on the in Louisville, where she became a certified study business principles and practices, for ownership and operation of his two medical technologist. In Corbin, as the wife she certainly exemplifies the ideal of a true nursing homes. At the same time, she of Dr. Harold Bryan Barton, she became ac- businesswoman. took night classes to become a licensed tive in local organizations and held leader- Through her remarkable career and her nursing home administrator. She has ship positions in church, political, civic, stellar service to her fellow humans, she is a since grown those two nursing homes medical, youth, educational and women’s role model for our aspiring business leaders, groups. and we are honored that she is an alumna of into numerous nursing homes and After Dr. Barton’s death, she took over his University of the Cumberlands, Nelda, as we banks throughout eastern Kentucky. business, which consisted of two nursing say here in these beautiful mountains, ‘You Mrs. Barton-Collings used her vast homes, and completed the Williamsburg do us proud.’’’ business skills to serve her community, Nursing Home, then under construction. At f State, and eventually her Nation by that time, she enrolled in night classes at committing to public service. She University of the Cumberlands and later be- WEST VIRGINIA DAY 2008 started out as a precinct chair, and came a Kentucky Licensed Nursing Home Mr. ROCKEFELLER. Mr. President, then rose to become Kentucky’s na- Administrator. She and her business partner as a Senator from West Virginia, I wish tional committeewoman for the GOP. continued to build or buy a total of eight to pay tribute to our State on the com- In 1982, President Ronald Reagan ap- long-term healthcare facilities in Eastern Kentucky. A business woman ahead of her memoration of our admittance into the pointed her to the Federal Council on time, Barton-Collings has owned banks, Union on this day in 1863—and to honor Aging. In 1990, she was the first woman pharmacies, rental properties, weekly news- the nearly 2 million people who are elected chairman of the Kentucky papers, a cinema, and several other busi- proud to call it home. Chamber of Commerce while serving on nesses. The newspapers, long-term care fa- When people think of West Virginia the President’s Council on Rural Amer- cilities and banks have won state awards and their thoughts turn to our mountains, ica and the National Advisory Council recognitions. our rolling green hills, and rivers. It is to Small Business Administration, In 1990, Barton-Collings became the first a place of immense natural beauty and through an appointment by President woman elected chairman of the Kentucky Chamber of Commerce. In 1982, she received scenic wonders. Still others may think George H.W. Bush. a Presidential appointment from President of our most abundant natural resource, She has long been a voice of great Ronald Reagan to the Federal Council on coal, or even our steel. Every fall, leadership on the Republican National Aging, where she served until 1987. From many college sports fans turn their Committee, where she was the first 1990–92, she served on the President’s Council thoughts to our incredible football woman from Kentucky to address the on Rural America and the National Advisory teams. RNC and call the meeting to order. Her Council to Small Business Administration, West Virginia, without question, is position gave her opportunities to ex- appointed by President George H.W. Bush. all of these things. But what truly sets tend democratic ideas and philosophy As an active member of the Republican Party for more than 50 years, Barton- us apart from other places is our peo- to the former Soviet Union. She and 40 Collings moved up the ranks from a precinct ple. West Virginians are the hardest other political and business profes- chair to Republican National Committee working, nicest people you all ever sionals volunteered to visit the Soviet member representing Kentucky, a position have the chance to meet. They are the Union in 1990 to discuss the founda- she held for 28 years. Elected vice chair for reason that so many people choose to tions of a democratic government. an eight-year term and secretary of the Re- come back again and again to our ‘‘They want freedom so badly; we publican National Committee for another State. They are real people who possess hoped that we have helped them in eight years, Barton-Collings earned the an abundant spirit of hope, optimism, some way,’’ she said of her experience honor of calling to order the Republican Na- tional Convention in 1996. and authenticity. More than anything in the Soviet Union. But, this was not her first convention ap- else, they are the heart and soul of our Nelda has given the good people of pearance, as she was the first woman from great State. Kentucky and this Nation over 28 years Kentucky to present an address at a Repub- So it seems only fitting on this West of public service, and I would like to lican National Convention, when, in Detroit, Virginia Day that we pause for a few ask my colleagues to join me in hon- Michigan, in 1980, she spoke on ‘‘The Busi- moments and think about the lasting oring this committed public servant. ness of Caring for the Elderly.’’ During her contributions that our coal miners, The News Journal in Corbin, KY, pub- tenure on the Republican National Com- steel workers, teachers, public serv- lished an article highlighting her ac- mittee, she was a charter member and ap- pointed secretary-treasurer of the National ants, and next door neighbors have complishments and what a champion Institute on International Affairs, and she made not just on our State, but on our she is for the Commonwealth of Ken- served on the Foreign Affairs Committee, Nation. tucky, and I ask unanimous consent which allowed her to travel extensively to West Virginia is rooted in rich cul- that the full article be printed in the foreign countries to promote democracy. ture. Our Appalachian heritage is im- RECORD. Recently honored by the Kentucky Com- mortalized in song and prose. It is a There being no objection, the mate- mission on Women as a ‘‘Kentucky Woman place where the pioneering spirit is rial was ordered to be printed in the Remembered’’ for her many achievements, still alive and well. Our communities Barton-Collings’s portrait now hangs in the RECORD, as follows: Kentucky State Capitol. are not just bound together by ZIP [From the News Journal, May 28, 2008] Through the years, she has received nu- Codes but in sharing responsibility to LONGTIME SUPPORTER HONORED WITH merous other awards and honors, including care for and look out for each other. PORTRAIT, CLASSROOM an honorary Doctor of Laws degree from We are still a place where neighbor On Sunday, May 18, friends and family of University of the Cumberlands, as well as helping neighbor is a way of life, and Nelda Barton-Collings gathered at Cum- the Kentucky Medical Association’s Out- our children are raised to honor their berland Inn on the campus of University of standing Layperson Award, the John Sher- family and to love our country. the Cumberlands to recognize this extraor- man Cooper Distinguished Service Award West Virginia is place where values dinary woman at a luncheon given in her from Kentucky Young Republicans and the honor. Dwight David Eisenhower Award. such as compassion, self-reliance, loy- As Dr. Jim Taylor, UC president said, Currently, the chairman of the board of alty, love, unselfishness, and faith are ‘‘Today we honor a lady who has made, and Bretara, LLC and Tri County Cineplex, LLC, both timely and timeless.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5935 This is the West Virginia that em- killed in the line of duty while serving munity and a leader on the African braced me and later my family. These our country in the war on terrorism. continent—as a charter member of the are the people who helped to give me a Staff Sergeant Pickett died from inju- United Nations, a cofounder of what true sense of purpose and shape me ries he sustained when his unit came are now the African Union and Inter- deep into my core. under attack by enemy forces using governmental Authority on Develop- This Senator is incredibly proud of improvised explosive devices in Kirkuk ment, and a key partner in combating our coal miners that do the hardwork Province, Iraq. He was serving his sec- international terrorism. After decades, of mining the coal that provides the ond tour of duty in Iraq, and had also and some would say centuries of civil Nation with its electricity and of our served a tour in Afghanistan. strife, the 1994 Constitution and elec- steel workers who forged the tracks for Staff Sergeant Pickett served with tion of the coalition Ethiopian People’s our Nation’s railroads, the girders for the 2nd Battalion, 22nd Infantry Regi- Revolutionary Democratic Front, our skyscrapers, and the bridges that ment, 1st Brigade Combat Team, of the EPRDF, in 1995 seemed to herald the span the country; I am proud of those 10th Mountain Division out of Fort beginning of an era of peace, democ- West Virginians who are now building Drum, NY. He moved to Wyoming at racy, and development. Efforts to re- planes, trucks, and doing cutting-edge the age of 14 and joined the Army form the economy and political dynam- research into disease prevention and shortly after his graduation from Sara- ics, while slow, reversed the dev- biometrics; of those West Virginians toga High School in 1999. His mother astating impact of the Derg and gave who have dedicated themselves to be said that serving his country in the the people of Ethiopia some hope that our communities’ guardians as first-re- Army was always a part of his plan. He a robust democracy was really taking sponders, or in the National Guard; and came from a family with a strong his- root. In fact, in the runup to the 2005 of those in our State who have entered tory of military service, and he knew elections, there was a deliberate and into public service—especially our what he wanted to do. He made friends significant opening of political space— teachers—and of those rural health everywhere he went, and it didn’t mat- which included broad media coverage care professionals who provide essen- ter where he was—he was always of opposition parties, relatively tial and life-saving services to some of touching someone’s life. He looked for- unimpeded access for opposition can- our most vulnerable. ward to retiring from the service one didates to their constituents, and live And of course, our entire State is tre- day and spending his life in the moun- televised debates between opposition mendously proud of those West Vir- tains of Wyoming. candidates and ruling party incum- ginians who have earned the honored It is because of Tyler Pickett that we bents. But in the aftermath of that title of veteran. continue to live safe and free. Amer- May 2005 election—which ended in a Emblazoned on our State flag is our ica’s men and women who answer the deeply flawed process and aggressive motto, ‘‘Mountaineers Are Always call to service and wear our Nation’s tactics against the opposition—the rul- Free.’’ It is in that spirit that West uniform deserve respect and recogni- ing party has ratcheted up its rhetoric Virginians have always answered the tion for the enormous burden that they while backtracking significantly on its call of duty in our country’s time of willingly bear. They put everything on commitment to democracy. A newly need. the line everyday, and because of them proposed bill, called the Charities and Earlier this week, the Senate hon- and their families, our Nation remains Societies Proclamation, is the most re- ored Frank Buckles, the last surviving free and strong in the face of danger. cent indication of this backsliding. solider from World War I, who now This past weekend, Americans cele- Indeed, for years, the U.S. State De- lives in Charles Town. As a teenager, brated Flag Day. Like so many before partment has reported ‘‘widespread he went to war to defeat the Kaiser, him, Staff Sergeant Pickett fought human rights abuses’’ in its annual and he was imprisoned by the Japanese under the flag of the United States of country report on Ethiopia. Among the for 31⁄2. He is truly a living legend, a America. He fought and died for the most consistent violations listed are touchstone to our past, and we are so Republic for which it stands. Words the intimidation, beating, abuse, and proud to have him in WV. cannot express the gratitude we owe arbitrary arrest and detention by Gov- West Virginia’s sons and daughters him. ernment security forces of journalists, have fought on the Korean peninsula, In the book of John, Jesus said that, opposition supporters, union leaders, in the jungles of Vietnam, the moun- ‘‘Greater love has no man than this, and others who dare to challenge the tains of Afghanistan, and the desert of that he lay his life down for his ruling party. Some of the more egre- Iraq—and in conflicts in between. friend.’’ SSG Tyler Pickett gave his gious examples associated with the We always have a special place in our life, that last full measure of devotion, growing opposition began in 2005 and heart for our Gold Star Mothers—and for you, me, and every single Amer- include the arrest and prosecution for for those who gave their last full meas- ican. He gave his life defending his capital offenses of 131 major opposition ure of devotion and now rest in fields country and its people, and we honor leaders and the arbitrary detention of that were once made infamous by war. him for this selfless sacrifice. 30,000 to 50,000 civilians without I could go on and say many more Staff Sergeant Pickett is survived by charge. The ruling party also forcibly flattering things about our beloved a loving family including his wife Kris- closed opposition political offices that State, our people, and our future, but tin and their children, his mother same year and kept them closed as West Virginians we know that we Sheri Peterson and father Ed Pickett. through the eve of local elections this are truly blessed. Perhaps that is why He is also survived by his brothers and past April. Such conduct is a clear vio- humility is one of our greatest virtues, sisters in arms of the U.S. Army. We lation of regional and international because we know that no matter what say goodbye to devoted family man and human rights laws, to which Ethiopia challenges we face, as a State we will an American soldier. Our Nation pays is a signatory, and directly contradicts stand together, harness our ‘‘can-do’’ its deepest respect to SSG Tyler E. the country’s own Constitution, still spirit, and overcome them. That is Pickett for his courage, his love of only 12 years old. what we do. We are fighters, in every country, and his sacrifice, so that we Over the past year, I have become in- sense of the word. may remain free. He was a hero in life creasingly concerned by reports com- f and he remains a hero in death. All of ing out of the Ogadan region of Ethi- Wyoming, and indeed the entire Na- opia regarding military attacks on ci- HONORING OUR ARMED FORCES tion, is proud of him. May God bless vilians and Government blockades of STAFF SERGEANT TYLER E. PICKETT him and his family and welcome him essential humanitarian and commer- Mr. BARRASSO. Mr. President, I rise into his home on high. cial supplies. National and inter- today to pay tribute and express our f national aid organizations with field Nation’s deepest gratitude to a re- missions in the area describe security markable young soldier and his family. ETHIOPIA forces burning villages and Govern- I was saddened to receive word last Mr. FEINGOLD. Mr. President, Ethi- ment officials ordering entire village week that on June 8, 2008, Army SSG opia has increasingly been an active populations to move to specific ‘‘reset- Tyler E. Pickett of Saratoga, WY, was participant in the international com- tlement’’ locations that lack sufficient

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5936 CONGRESSIONAL RECORD — SENATE June 20, 2008 food, water, medical services, and sani- The United States needs to work vival of refugees, and we commit not tation facilities. Despite the numerous with our partners—both on the con- just today, but every day, to work to- credible reports coming out of the re- tinent and off it—and strongly oppose wards creating a world where govern- gion, the Ethiopian Government has the imposition of this new proclama- ments fulfill their basic responsibility denied that such violations may be oc- tion to protect the gains Ethiopia has to protect their citizens. curring and has refused to even inves- made in recent years and pave the way f tigate these allegations and/or permit for further consolidation of growth and BOY SCOUTS AT THE LITTLE independent assessments of conditions democracy. If passed in its current for- SIOUX SCOUT RANCH in the region. Such stonewalling only mat, this bill would have a devastating further undermines the rule of law and impact on our foreign policy objectives Mr. ENZI. Mr. President, I wish to the Government’s obligation to protect and Ethiopia’s development as a robust honor the Boy Scouts who recently lost its civilian population. democracy. And, even if revised and their lives at the Little Sioux Scout The aid organizations now struggling amended, passage of this bill would Ranch in Iowa. As the Midwest con- to keep these Ethiopian civilians alive, still send a negative message, that of a tinues to experience devastating as well as national and international government desperately seeking to storms that have shocked us all, I human rights defenders, democracy ad- hold on to power and dismantle any would like to take time to remember vocates, independent journalists, and groups that might expose its failures or four young boys from that area who humanitarian organizations seeking to limitations. We must stand with the were recently laid to rest. Josh consolidate and extend peace, democ- people of Ethiopia and with the prin- Fennen, Sam Thomsen, Ben Petrzilka, racy, and development in Ethiopia, are ciples that Americans hold dear. and Aaron Eilerts were all Boy Scouts already facing cumbersome bureau- f of America. These young men were re- cratic rules and sometime succumb to membered as boys who were loved by self-censorship to avoid Government WORLD REFUGEE DAY their families, on their way to becom- reprisals. The Ethiopian Government’s Mr. FEINGOLD. Mr. President, ing young men, and above all Scouts. new law, if passed in its current for- today, on World Refugee Day, we rec- As an Eagle Scout myself, I share a mat, would make it almost impossible ognize the millions of innocent people deep connection with these boys from for these groups and individuals to con- who are living as refugees due to vio- Iowa and Nebraska, along with all tinue their important efforts. Under lence, unrest, and natural disasters. Scouts throughout America. The path the Charities and Societies Proclama- Each day, refugees struggle to survive to becoming an Eagle is much like the tion, non-Ethiopian organizations in an unstable environment where they path our future leaders should take, would be prohibited from engaging in are often unable to further their edu- and although the lives of these four democracy, human rights, good govern- cation, make a living for themselves, young boys were ended abruptly, they ance, or conflict resolution activities, or obtain adequate health care. were on that path. and national civil society groups would The struggles refugees face are un- As I recall the Scout motto of ‘‘Be have to forgo foreign funding and sub- imaginable. Being forced to flee your Prepared,’’ I can’t help but to think of mit to strict Government regulation. home, often to encounter precarious, the emergency drill these Scouts prac- To reaffirm and facilitate Ethiopia’s crowded living conditions in a strange ticed the day before the tornado or how commitment to and progress towards place, is particularly treacherous for the Scouts moved swiftly to assist with democratic development, eliminating women, given the pervasive problems their first-aid skills the 48 who were in- extremism, good governance, com- of sexual abuse, beatings, and some- jured. The Scouting community has bating HIV/AIDS, improving agricul- times torture. Displaced people who suffered a great loss. My thoughts and tural productivity, and reducing chron- make it to refugee camps have often prayers go out to the families, friends, ic hunger, the U.S. Government has already survived extremely difficult and Scouts whose lives were touched provided billions of dollars worth of as- situations as they cling to the hope by these four boys. sistance in recent years with more that they will one day be able to return f than $700 million already in fiscal year to their homes. 2008. The majority of this support is de- Protracted conflicts and humani- TRIBUTE TO COLONEL GREGG P. livered through U.S.-based nongovern- tarian crises increase instability and OLSON mental organizations that offer essen- negatively impact the livelihoods of Mr. LEAHY. Mr. President, today I tial services and supplies to civilians refugees we have seen this in countries pay tribute to Col. Gregg Olson, USMC, as well as valuable technical assistance such as the Democratic Republic of who will complete his 2 year tour of and resources to strengthen Ethiopian Congo, Sudan, eastern Chad, Jordan, duty with the United States Marine institutions and infrastructure. The and Syria. In each of these countries Corps’ Office of Legislative Affairs on new restrictions and regulations would and in many other places around the June 24, 2008. I have had the pleasure to severely limit or even prohibit much of world, national and international non- work with Colonel Olson on many occa- this assistance and should cause the governmental organizations confront sions. In his role as the Director of the United States as well as other inter- challenging circumstances to meet the Marine Corps’ Senate Liaison Office, he national donors to reconsider whether basic needs of refugees and protect has provided superb support, acting as contributions to Ethiopia can further their human rights. The international the principal conduit for information democracy, development and account- community and host governments between the Marine Corps and many ability. must make it a priority to ensure sup- members of the Senate. His affable per- The Ethiopian Government claims port and access for these groups so that sonality and attention to duty contrib- the new regulations are aimed at im- they can serve vulnerable refugee popu- uted to a highly successful relationship proving the accountability and trans- lations. Every time a refugee dies from between the United States Senate and parency of civil society organizations an easily preventable disease or from the United States Marine Corps. operating in Ethiopia. But what the living in unsanitary conditions, we are Though he will continue his service to provisions would actually do is erode failing to live up to our collective re- the Marine Corps and the country, he the Government’s own accountability sponsibility. will be sorely missed. and transparency by impeding these or- But we cannot accept disaster re- A native of Rhode Island, Colonel ganizations’ ability to serve their es- sponse as the only option. We must be Olson attended the United States sential watchdog functions. This is not working harder to create systems that Naval Academy, and received a com- the time or place for tighter controls. anticipate and prevent conflicts from mission as a Second Lieutenant in the Instead, the Ethiopian Government arising so we can stop mass displace- United States Marine Corps in 1985. His should support improvements in the ment before it even begins. We need to career as a Marine officer has been ex- quality and capacity of these groups, use all our resources to prevent such emplary, serving with distinction in which are vital to the country’s contin- crises from occurring. every post he has been assigned. Prior ued political, economic, and social de- As we recognize World Refugee Day, to his assignment to the United States velopment. we acknowledge the strength and sur- Senate, he served two tours in Iraq,

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5937 first as an Operations Officer to a Ma- given birth to their son Tye 2 weeks I also know that I am not alone in moni- rine Expeditionary Unit in 2003, and ago. toring the existing administration who will then as a Battalion Commander in David was a member of the Eastern not lobby for these items I list to be ad- Band of the Cherokee Indian Tribe and dressed and resolved. It is time we start tak- Fallujah, Iraq in 2004. His battalion ing care of our own with our own resources. was involved in the Battle of Fallujah, the first member of that tribe to serve This includes limiting the impacts on the which saw some of the most intense with the Highway Patrol. In addition greater population by the loud concerns of a house-to-house fighting of the war. to being a State trooper, David volun- few groups. With today’s technology we can Many proud Marines under his com- teered as the Junior Varsity softball certainly drill and protect our environment mand gave their lives in that battle. coach at Smoky Mountain High and begin to reduce greatly our dependence Over the past 24 months, his unselfish School. on foreign oil(s). devotion to duty, exceptional perform- Along with his wife Michaela and son Respectfully, BILL, Boise. ance, and outstanding professionalism Tye, David is survived by his father, David S. Blanton, Sr., mother, Jennifer have translated into invaluable service DEAR SENATOR CRAPO: As one of those who to the Senate. He has advised Members Blanton, and younger brother, Jesse voted for you I am pleased to provide a bit of and Senate staff members on matters Blanton. input on the costs of fuel and the impact on of great importance to the United David’s friends, family, fellow troop- myself, my family, and my business. States Marine Corps. In the fluid na- ers, and the people of North Carolina Just like the majority of Idaho families, are mourning this very tragic loss. our family has been directly impacted by the ture of the legislative cycle, he distin- very high prices of gasoline and the way it guished himself by establishing and de- I know there are no words I can offer to help comfort Michaela and other happened . . . so quickly and without re- veloping great working relationships prieve or real alternatives. with Senators and their staffs. He re- members of the Blanton family, but I In my business, I must have a good supply sponded to thousands of congressional hope my colleagues in the Senate will of gasoline in order to function. I operate a inquiries, ranging from such sensitive join me in keeping them in our flight training school for pilots in Nampa. issues as notification of combat casual- thoughts and prayers. My costs for fuel are always around $10,000 David gave his life in service to our per year and that is normally my one major ties, to providing timely information State, and this ultimate sacrifice expense associated with my business outside on the operations and budget of the should never be forgotten. of the other normal overhead costs any other Marine Corps. I send my deepest condolences to all business has. Even so, it is the Numero Uno He also planned and executed ap- who had the privilege of knowing this cost for my business, and now it is about 50% proximately 15 international congres- increased from that already very high price. young man who gave his life in service What compounds this loss is that so many sional delegations. I had the pleasure to our State. of traveling on several of these con- people have become too financially short f that my customer base is very low now. gressional delegations with Colonel Normally, in the past 7 years, I would be Olson. His acumen for social inter- IDAHOANS SPEAK OUT ON HIGH looking at a full student schedule, with at action carried over into Colonel Olson’s ENERGY PRICES least 3 or 4 on a waiting list. This year, I ability to represent his service at nu- Mr. CRAPO. Mr. President, earlier have a 20% load and no waiting list. It is merous Marine Corps and Joint Service this week, I asked Idahoans to share that sparse due to the economy, then com- social events on Capitol Hill. Among pounded by the very high fuel costs. with me how high energy prices are af- Thanks for the opportunity to provide others, these events included the Ma- fecting their lives, and they responded some direct input on the subject to your of- rine Corps Birthday Commemoration, by the hundreds. The stories, now num- fice. the Joint Services Reception, and sev- bering over 1,000, are heartbreaking Sincerely yours, eral Marine Corps fall and spring recep- and touching. To respect their efforts, GARY, Nampa. tions—all important events that en- I am submitting every e-mail sent to abled me and my Senate colleagues to _ DEAR SENATOR: The biggest impact that me through energy prices@crapo gas prices has had on me affects our family. maintain close relationships with the .senate.gov to the CONGRESSIONAL We have six married children and one single Marine Corps’ senior leadership. RECORD. This is not an issue that will daughter spread throughout the west. One in On behalf of the Senate, I thank be easily resolved, but it is one that de- Colorado Springs, CO; another in Mesa, AZ; Colonel Olson for his continued service serves immediate and serious atten- two in the Orem, UT, area; another in dental to the Nation and the United States tion, and Idahoans deserve to be heard. school at Marquette; and two in the Boise Marine Corps, and I thank his wife, Their stories not only detail their area. We plan a family reunion every sum- mer, which is usually our once-a-year gath- Dawn, for her steadfast support while struggles to meet everyday expenses, he fulfilled this essential duty. As ering. We have cancelled our reunion this but also have suggestions and rec- year, scheduled for Colorado Springs, CO, be- Gregg departs the Senate to assume ommendations as to what Congress can cause of the cost of fuel for everyone. I just command of the 11th Marine Expedi- do now to tackle this problem and find can’t tell you how disappointing it is to all tionary Unit at Camp Pendleton, CA, solutions that last beyond today. I ask of us not to have an opportunity to be to- we in the U.S. Senate wish him all the unanimous consent to have printed in gether this year. We hope that it will not best. stop us next year. the RECORD today’s letters. I hear all of the reports that America has f There being no objection, the mate- ample supplies but legislation and environ- HONORING TROOPER DAVID rial was ordered to be printed in the mentalists prevent us from developing the SHAWN BLANTON, JR. RECORD, as follows: natural resources. We are too late for today, SENATOR CRAPO: We are not going to be but tomorrow will be here and we need to be Mr. BURR. Mr. President, today I able to take any time to enjoy our great prepared to provide for ourselves. All that wish to honor the life of North Caro- state of Idaho this summer as with years you can do to make this possible is needed lina State Trooper David Shawn past. The gas to go and return from our fa- and necessary. Please do your best to make Blanton, Jr., who was tragically killed vorite spots like Stanley basin, Warm Lake, it happen. on June 18 during a routine traffic stop McCall’s Ponderosa State Park is just too DOUG. near Canton, NC. David is the 59th much to make it enjoyable. The cost of food PLEASE pass emergency legislation to ex- North Carolina State Trooper to have clearly is reflective of the fuel pricing. This just makes it far too expensive to go any- ploit America’s natural resources. Authorize been killed in the line of duty. where this summer. I am absolutely dis- drilling wherever oil companies think there David was only 24 years old and was gusted in the way our government is allow- might be oil or natural gas, authorize nu- a 2-year veteran of the North Carolina ing this to happen to the American people. clear energy and wind power. Set up drilling Highway Patrol. He was a native of I look forward to a movement to begin re- stations off America’s shores instead of let- Sylva, NC, and a 2002 graduate of commissioning our own drilling rigs that ting Cuba and China take our oil. Show some Smoky Mountain High School where he still sit idle in the Gulf of Mexico. resolve and Yankee ingenuity! I look forward to a movement to begin Americans will downsize and conserve—the was a football and wrestling star. market will take care of that, but you We are all grateful for David’s dedi- drilling on our own land for oil that we all know is right under our own borders. should have had us energy independent years cation to protecting the citizens of I look forward to a movement to release ago. We could be sending money to America North Carolina. He lived in Cherokee and discontinue the excessive storage of instead of supporting people who do not have with his wife Michaela, who had just emergency fuels. our country’s best interest at heart.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5938 CONGRESSIONAL RECORD — SENATE June 20, 2008 Americans used to take care of problems What I would like to see is a two-pronged our bills. We need help! I am hoping and before this developed into such a serious sit- approach, One is drilling offshore in Alaska, praying for something good to happen that uation. We used to take care of people who and oil shale in Utah/Colorado/Wyoming, will help reduce our monthly expenses. wanted to cause us harm instead of insisting Montana and North Dakota, along with nu- Thank you, on being ‘‘politically correct’’. Strong coun- clear, solar and wind. TAUNYA, Rexburg. tries do not get attacked. Weak countries The other is conserving in ways such as: by like what we are becoming do! Congress and 2010 all appliances sold are Energy Star- DEAR SENATOR CRAPO: As you know the the rest of us have all seen this problem rated; all houses and mobile homes to be driving distance in our state is unlike most coming for many years. Do nothing now and built to the Energy Star rating. Instead of states. My husband and I both travel over 23 we are on our way to becoming a second- the government giving big grants for re- miles one way to work every day. Due to the class country. search, why not do like the X-prize for space continual increase in cost of the gas we have Please show the leadership that you were travel and put up money for benchmark im- been carpooling together for over a year elected to use. Make us energy independent. provements in things such as 100-mpg cars, now. The biggest problem we have is with It does not matter if it takes ten years. Ten solar improvements, wind generator im- every increase in gas so does the increase of years ago, if Congress had ‘‘taken care of provements, home energy use improvements, everything else you buy, but the wages have business,’’ we would not be in this dire situa- etc. I used to own a hatchback in the late not gone up with it. tion now. Every drop of oil that is produced 1980s that I would get 42–44 miles to the gal- Every time we fill our tank, it takes away in this country is one drop that does not lon on the highway. Why cars of that size from groceries and other necessities; with have to be imported from another country. can’t get 60+mpg now is beyond me. every increase, we are to the point there is STAN, Boise. Without the Republicans acting more like not much more to give up. The cupboards are Teddy Roosevelt and less like George Bush, bare, and we try to get by on what is the Dear Senator CRAPO: Thank you first for the Democrats will never go along with the cheapest and bare minimum, if it continues this opportunity to voice my concerns, offshore or Alaskan drilling. The other thing to go up as it has, we will get to the point which I’m sure are no different than millions that you and other Republicans need to do is were we have to choose between the mort- of others. The energy price effect on me is no to go before the American people and say gages and utilities or gas in the tank. If it were not so far away, we would consider different than on, I’m sure again, millions of ‘‘The Democrats in Congress are against the others. It means no vacation, less ‘‘extra- riding horses to work every day. middle class jobs and real living middle class I think as long as the environment and na- curricular’’ activities and simply prioritizing wages and benefits that would be provided vehicle use. Unfortunately, the energy prices ture is preserved and monitored, domestic with the opening of these locations. Norway production is OK along with alternative have a ripple affect on a lot of things, but I can drill safely off their shores, and I know suspect what has the largest impact is the sources. We need to quit being so reliant on the American people can do an even better foreign oil and start helping ourselves not price of food, which is also increasing sub- job of protecting the environment then they stantially as it costs so much more to trans- only for now but for the future. can. ESTHER, Athol. port it. Thanks for your time, I think Congress’ number one priority UNSIGNED. right now should be reducing the cost of oil/ SIR: I am fairly new to Idaho only been gasoline; however, it is done. I believe that, here for five years now. I was from Texas. I For us personally the high costs of fuel and had some very good friends who [had to cap by doing so, you will resolve and/or improve heating oil have caused some huge changes the majority of other inflation concerns, i.e., their family well, which put out 10 to 15 bar- in our lives. We are senior citizens on a fixed rels a day]. A lot of people were hurt, not the cost of food, clothing. By reducing en- income and the rising costs of fuel and food ergy costs, it would likely free up businesses only in Texas, but in other states as well. We are way greater then our income and pro- should move forward much faster on the part to expand and provide additional jobs, thus jected cost of living raises that we get from reducing unemployment. I see gasoline gas/part electric cars for now even the big Social Security. Recently we had a death in one to. We should use our own oil and move prices as the ‘‘bane’’ of our life right now and our family—in another state. The cost of anything you can do to resolve this problem to anything that we can make for ourselves. driving or flying there made it very hard for I don’t like it, but we have to stop being ev- is much appreciated. us in our decision not to go. Also we are eryone’s go-to-guy and start taking care of KET, Emmett. staying home a lot more. We cannot afford us for a change. You and Congress know what needs to be pleasure trips so we have to make every trip PHILIP. done. Drill now—drill HERE! Join China and to town count. We see people who have to I do not wish to share my story but I would Cuba off our own shores and become self reli- drive out of town to work—and the fuel costs like to recommend that we quit sending the ant again. Start drilling in Anwar. Start can outweigh the benefits of working. I see Alaskan oil to Japan and use it within the drilling in Montana. Start using the re- American aid poured out to other countries who are in crises and yet the crises right United States. sources in Colorado in shale. And build more I also would like to see Congress open up refineries—and you—CONGRESS—loosen the here at home are being overlooked. Please take care of Americans first! Stop the known oil fields in the United States hurdles that make it impossible for anyone this oil from going any higher! today (not someday). Many have been shut drilling and/or building those refineries we down and capped for years. Plus we need to need so much—as well as provide alter- Sincerely, RAY AND VI MUELLER, Priest River. explore for new sites as well as start drilling natives (such as nuclear and solar). Stop where we already know there is oil. We need wasting time telling ‘‘stories’’—and loosen We are an average family of five—Dad, to start building refineries and updating the the restrictions that environmentalists have Mom, 16-year-old boy, 9-year-old girl, and 4- current ones that we have. Why we ever got shackled us with! Do your job. year-old girl. My husband is in new home ourselves in this mess is beyond me. Just let us become a self reliant nation I would also like to recommend that you again! construction, and I am an accounts payable clerk for a university. We both work full- talk with John McCain and help him get his UNSIGNED. time jobs, and both of us work part-time head on straight. I am not sure why our party has chosen a Socialist for its can- The rising gas prices have really affected night and weekend jobs to help make ends- meet. My daughter was diagnosed with juve- didate. If I didn’t feel like I was throwing my my life. I am a widow who is on a very lim- vote away and maybe even help elect Obama, ited budget—every nickel counts. I am still nile rheumatoid arthritis a year ago, so we have some very big medical expenses. We I would vote for Barr. working and live about 15 miles from my If the Congress continues to do nothing have had to travel to Primary Children’s work. There is no public transportation out about the energy problem, I think this na- where I live in Kuna, ID, so I have to bite the Hospital in Salt Lake City, Utah, from our tion will come down on Congress with a bullet and pay these exorbitant prices at the home in Rexburg, Idaho, every six weeks for vengeance. the last year. Because of the rise in gas pump, do without going to the movies, out to SUZETTE. dinner or buying the new pair of sandals I prices and the rising medical costs, I have to need for the summer. My elderly mom lives work a second job to pay for these expenses. The cost of fuel has certainly changed the with me and requires lots of travel into town Our vehicle is a 2005 Yukon that gets about way I am now living my life. After my retire- for doctor appointments, which take gas. I 16 miles to the gallon, so this trip is not eco- ment, I was planning on visits to my sister usually take her each summer to Wyoming nomical, but I don’t have any choice but to (Arizona), my grandkids (Portland) and my to her home town for a visit. No way can I do make this trip every six weeks. Because of cousins in Missouri and New Mexico. it this year what with the gas prices, rising the rise in gas, I can’t even trade my SUV in Now I am tending my garden, growing as motel costs, food costs, etc. I was in hopes I on another car because the car dealers won’t much of my food as possible to supplement could look at retiring in a couple of years, trade with me. My employer provides med- and help offset the high price in the grocery but that is definitely on hold now. I can’t af- ical insurance with my monthly premium store. I am not using my clothes dryer; I am ford not to work with gas costing me over $50 costing $250 for my family. My daughter’s lucky enough to live in a subdivision that each week to fill up my car. Sure hope Con- medication is almost $200 per month and I still allows clothes lines. This might seem gress gets going and allows us to start drill- pay hospital/doctors/lab bills almost $300 per minor, but I am cringing at the cost of heat- ing for our own oil! month. With each increase in our monthly ing my home this winter and am applying LOUISE, Kuna. expenses, it becomes more difficult to pay extra money to the gas company.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5939 I do not go out to lunch with my friends; lence Against Women Act and its sub- Greene served as an infantry officer in we talk on the phone but do not have lunches sequent reauthorizations. I have con- command and staff positions in a num- out. We are planning on one lunch a month tinued to work with the coalition and ber of infantry units. Prior to Lieuten- at someone’s home. Extra shopping? Not on your life!! Since we have tried to help with vital Federal ant Colonel Greene’s assignment to the have no clue have high fuel is going to go, grants. Diane, Sue, and the coalition Office of Chief of Legislative Liaison, extra spending is not considered. Is this have played a pivotal role in advising he was assigned to the 25th Infantry hurting the economy, no doubt about it, but me about the Violence Against Women Division, Light, Schofield Barracks, with no reasonable end in sight we have no Act over the years. HI, from 2001 to 2003. His experience in choice!! In West Virginia, Diane Reese the Army’s Officer Personnel Manage- IRENE. touched the lives of so many with her ment Command led to Lieutenant unique ability to heal and serve those Colonel Greene being selected to serve I would have much preferred to see the global warming legislation go through. The in need. Throughout her years of serv- as the brigade S–1 for the 2nd Brigade energy prices right now are short-term pain, ing the public, Diane became an ad- ‘‘Warriors’’ and the secretary to the but nothing compared to what we’re headed junct faculty at Southern WV Commu- General Staff for the Commanding for if the current course is maintained on nity College and was an active member General. The consummate professional, global warming. Please think in the longer in the Mountaineer Food Bank, the Ap- Lieutenant Colonel Greene revised in- term and consider changing your stance on palachian Research and Defense Fund ternal systems to streamline informa- global warming. And please don’t send me Board, the National Coalition Against tion flow and the decisionmaking proc- one of those garbage ‘‘thank you for your Domestic Violence, just to name a few. ess to include instituting a ‘‘Battle support’’ automatic responses. I do not sup- port your vote on this. As you can see, Diane certainly went Rhythm’’ for the division staff elimi- ILANA, Boise. above and beyond the norm with her nating redundant meetings and events. generosity and charity. f In his more recent position as a con- Just last year the West Virginia Coa- gressional liaison, I have come to know ADDITIONAL STATEMENTS lition Against Domestic Violence that and respect Lieutenant Colonel Greene. Diane helped to create provided sup- A natural at building and maintaining port to over 15,000 people, including RECOGNIZING DIANE REESE relationships with Members of Con- children. As you can tell, the numbers gress and their staffs, Lieutenant Colo- ∑ Mr. ROCKEFELLER. Mr. President, I of those touched by her life are enor- nel Greene was invaluable as the Army would like to take this opportunity to mous. Her community organizing ef- faced many challenges associated with recognize the presentation of the Diane forts, spirit for social justice, and ex- its budget and real-world combat oper- Reese Award to Marilyn J. Smith for pert skills as an educator made her a ations in the global war on terror. her work as the president and co- good counselor and dear friend. Members knew they could count on founder of the Abused Deaf Women’s I and all the people who knew and Lieutenant Colonel Greene for his Advocacy Services in Seattle, WA. The worked with her were saddened to lose counsel, professional advice, and un- presentation took place in the Library her, and we mourn her still. But Diane wavering integrity. of Congress during a major conference has an extraordinary legacy that lives While assigned to the Office of Con- on domestic violence. on in the work of the coalition in West gressional Legislative Liaison, Lieu- This award is much more than rec- Virginia and the national award that tenant Colonel Greene prepared mem- ognition of an individual who has gone continues to inspire and acknowledge bers of the Army staff for over 20 hear- above and beyond to help those who the next generation of advocates. ings and orchestrated over 150 congres- have and still are suffering from the Diane Reese pursued every obstacle she sional engagements to ensure Congress terrible domestic violence abuses hap- faced with knowledge, kindness, re- understood the Army programs and pening daily. This award recognizes a spect, expertise, and conquered each budget requirements to grow and way of life that has inspired and helped one of them with grace and optimism. transform the Army. Lieutenant Colo- countless people that are in need. I Those of us lucky enough to know her nel Greene escorted over 50 congres- would like to commend Marilyn J. personally will also remember her, and sional delegations worldwide. Smith for her outstanding work con- the award in her memory continues to His expertise concerning congres- tinuing Ms. Reese’s compassionate leg- inspire all of us. And, I know that with sional affairs, his strategic, oper- acy. the great challenges that still face the ational, and tactical knowledge of the As some of you know, I got my start victims and survivors of domestic vio- Army, combined with his keen intui- serving the public when I came to lence, Diane would be urging us to con- tion and ability to develop key rela- southern West Virginia as a VISTA tinue the work she began and remind- tionships have been instrumental in volunteer. Although Ms. Reese’s social ing us that the goal of securing peace enabling the chief of legislative liaison justice work started long before her at home for everyone is a goal upon and the Army to meet the Army’s leg- life moving journey to the coalfields of which we must never give up.∑ islative objectives. Lieutenant Colonel West Virginia, it was that journey that f connected both of our lives together. Greene has escorted 12 delegations to I was able to witness firsthand HONORING LIEUTENANT COLONEL Iraq and Afghanistan, in support of Op- Diane’s ability to gracefully build the CRAIG M. GREENE eration Iraqi Freedom and Operation West Virginia Coalition Against Do- ∑ Mr. SHELBY. Mr. President, today I Enduring Freedom. I was privileged to mestic Violence. Working with Sue Ju- wish to recognize and pay tribute to have Lieutenant Colonel Greene as an lian, who still is a team coordinator at LTC Craig M. Greene, deputy chief, escort on several of my own trips. the Coalition, they provided the leader- Army Senate Liaison Division, Office A tireless worker, he coordinated ship to create a strong program that of the Chief of Legislative Liaison, who with all of the relevant agencies and has grown into a network of shelters, will retire September 1, 2008. I wish to individuals to ensure my overseas trav- outreach centers, and support groups commend and congratulate Lieutenant el was always successful. I am ex- throughout West Virginia. Diane in- Colonel Craig Greene upon his retire- tremely grateful for the service he pro- spired many thanks to her steady, ment. vided me and my staff during those quiet but fully committed life. Sue and Lieutenant Colonel Greene’s distin- trips. the rest of the coalition continue that guished career as an infantry officer During his distinguished Army ca- work. embodies all of the Army’s values of reer, Lieutenant Colonel Greene has Visiting the various shelters Diane loyalty, duty, respect, honor, integrity, been awarded numerous accolades, in- helped set up in the early 1990s was a and personal courage and spans 20 cluding the Defense Meritorious Medal, very moving opportunity that I feel years, during which he has distin- four Meritorious Service Medals, five very fortunate to have experienced. guished himself as both a soldier and Army Accommodation Medals, two Working closely with Ms. Reese and leader. Army Achievement Medals, the Expert the coalition, we fought together for Upon graduating from the University Infantry Badge, the Ranger Tab, and the passage of the first Federal Vio- of Massachusetts, Lieutenant Colonel Parachutist and Air Assault Badge.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5940 CONGRESSIONAL RECORD — SENATE June 20, 2008 Lieutenant Colonel Greene’s faithful vironment and natural resources for MESSAGE FROM THE HOUSE service, leadership, loyalty, and dedica- the generations to follow. DURING ADJOURNMENT tion to duty uphold the highest tradi- My home State of Oregon continues Under authority of the order of the tions of military service, and he has re- to build on a long history of innovation Senate of June 20, 2008, the Secretary peatedly stood for the defense of this in environmental policy and practice. of the Senate, on June 20, 2008, during Nation. His devotion to the defense of Nike proves once again that everyone the adjournment of the Senate, re- liberty epitomizes the words soldier, doing their small part can achieve huge ceived a message from the House of patriot and American. successes. Nike’s legacy continues to Representatives, delivered by Mrs. I hope my colleagues will join me in grow as they lead the way as an ex- Cole, one of its reading clerks, an- thanking Lieutenant Colonel Craig M. tremely successful company but not nouncing that the House has passed the Greene for his service to our Nation forgetting about how important it is to following bill, in which it requests the and the U.S. Army. I thank his wife, preserve and protect the natural re- concurrence of the Senate: Michelle, and his sons, Jackson and sources around us. I commend the lead- H.R. 6304. An act to amend the Foreign In- Austin, for their support while he ful- ership and employees with the Nike telligence Surveillance Act of 1978 to estab- filled this essential duty to our coun- team for their stellar efforts and lish a procedure for authorizing certain ac- try. I personally wish the Greene fam- pledge my full support as they move quisitions of foreign intelligence, and for ily all the best as they celebrate Lieu- forward.∑ other purposes. tenant Colonel Greene’s richly de- f served retirement.∑ f MESSAGE FROM THE HOUSE f At 11:35 a.m., a message from the MEASURES REFERRED NIKE INC. House of Representatives, delivered by ∑ Mr. SMITH. Mr. President, I wish to Mrs. Cole, one of its reading clerks, an- The following bills were read the first highlight the importance of acknowl- nounced that the House has agreed to and the second times by unanimous edging and celebrating extraordinary the amendments of the Senate to an consent, and referred as indicated: efforts by individuals and companies amendment of the House to the amend- H.R. 5511. An act to direct the Secretary of that are leading the way in protecting ment of the Senate to the bill (H.R. the Interior, acting through the Bureau of and preserving America’s natural re- 2642) making appropriations for mili- Reclamation, to remedy problems caused by a collapsed drainage tunnel in Leadville, Col- sources. I am honored to congratulate tary construction, the Department of orado, and for other purposes; to the Com- the leadership and employees of Nike Veterans Affairs, and related agencies mittee on Energy and Natural Resources. Inc., headquartered in my State of Or- for the fiscal year ending September 30, H.R. 5781. An act to provide that 8 of the 12 egon. 2008, and for other purposes, with an weeks of parental leave made available to a According to a new scorecard re- amendment; and has agreed to the Sen- Federal employee shall be paid leave, and for leased by nonprofit group Climate ate engrossed amendment with an other purposes; to the Committee on Home- Counts, Nike ranked first among the amendment. land Security and Governmental Affairs. United States’ most climate-friendly The message also announced that the H.R. 6063. An act to authorize the programs companies. The scorecard, first re- House has passed the following bills, in of the National Aeronautics and Space Ad- ministration, and for other purposes; to the leased in June 2007, grades major cor- which it requests the concurrence of Committee on Commerce, Science, and porations in well-known consumer sec- the Senate: Transportation. tors from apparel to electronics to fast H.R. 5511. An act to direct the Secretary of H.R. 6085. An act to designate the facility food—on their commitment to revers- the Interior, acting through the Bureau of of the United States Postal Service located ing climate change. Nike was judged to Reclamation, to remedy problems caused by at 42222 Rancho Las Palmas Drive in Rancho have one of the strongest and most a collapsed drainage tunnel in Leadville, Col- Mirage, California, as the ‘‘Gerald R. Ford transparent programs to reduce cli- orado, and for other purposes. Post Office Building’’; to the Committee on H.R. 5710. An act to authorize the Sec- mate change among well-known brands Homeland Security and Governmental Af- retary of the Interior to provide financial as- fairs. across nine industry sectors. sistance to the Eastern New Mexico Rural H.R. 6150. An act to designate the facility Nike has taken aggressive steps to Water Authority for the planning, design, of the United States Postal Service located address climate change, including es- and construction of the Eastern New Mexico at 14500 Lorain Avenue in Cleveland, Ohio, as tablishing clear goals for lowering car- Rural Water System, and for other purposes. the ‘‘John P. Gallagher Post Office Build- bon emissions at its facilities around H.R. 5781. An act to provide that 8 of the 12 ing’’; to the Committee on Homeland Secu- the world, designing sustainable prod- weeks of parental leave made available to a rity and Governmental Affairs. ucts with environmentally preferable Federal employee shall be paid leave, and for other purposes. The following concurrent resolution materials, purchasing renewable power, H.R. 6063. An act to authorize the programs was read, and referred as indicated: and offsetting the emissions from Nike of the National Aeronautics and Space Ad- H. Con. Res. 350. Concurrent resolution ex- business travel. More importantly, ministration, and for other purposes. pressing the sense of the Congress that the Nike is exporting not only their world H.R. 6085. An act to designate the facility United States, through the International class products, but they are also ex- of the United States Postal Service located Whaling Commission, should use all appro- porting the values of sustainability at 42222 Rancho Las Palmas Drive in Rancho priate measures to end commercial whaling throughout the world as they continue Mirage, California, as the ‘‘Gerald R. Ford in all of its forms, including scientific and Post Office Building’’. other special permit whaling, coastal whal- their efforts to reduce the company’s H.R. 6150. An act to designate the facility ing, and community-based whaling, and seek carbon footprint in its contract manu- of the United States Postal Service located to strengthen the conservation and manage- facturing facilities in Asia. at 14500 Lorain Avenue in Cleveland, Ohio, as ment measures to facilitate the conservation We can also see Nike’s commitment the ‘‘John P. Gallagher Post Office Build- of whale species, and for other purposes; to to this effort in another very real way. ing’’. the Committee on Foreign Relations. Nike has been a leader in developing The message further announced that sustainable products and components the House has agreed to the following f since its inception. Most recently, Nike concurrent resolution, in which it re- unveiled the Air Native N7 shoe de- quests the concurrence of the Senate: MEASURES PLACED ON THE signed for Native Americans. The N7 in H. Con. Res. 350. Concurrent resolution ex- CALENDAR the name is a reference to the seventh pressing the sense of the Congress that the The following bills were read the first generation theory, used by many Na- United States, through the International Whaling Commission, should use all appro- and second times by unanimous con- tive American tribes to look to the sent, and placed on the calendar: three generations preceding them for priate measures to end commercial whaling wisdom and the three generations in all of its forms, including scientific and H.R. 5710. An act to authorize the Sec- other special permit whaling, coastal whal- retary of the Interior to provide financial as- ahead for their legacy. By designing ing, and community-based whaling, and seek sistance to the Eastern New Mexico Rural this sustainable shoe, Nike is looking to strengthen the conservation and manage- Water Authority for the planning, design, ahead to a future that must include ment measures to facilitate the conservation and construction of the Eastern New Mexico greater awareness in protecting our en- of whale species, and for other purposes. Rural Water System, and for other purposes.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5941 MEASURES PLACED ON THE CAL- S. 2173 In fact, one study found that 60 percent ENDAR DURING ADJOURNMENT At the request of Mr. HARKIN, the of mothers who participated in the OF SENATE name of the Senator from New York Pregnant and Postpartum Women and The following bills were read the first (Mr. SCHUMER) was added as a cospon- Their Infants program were completely and second times by unanimous con- sor of S. 2173, a bill to amend the Ele- clean and sober six months after their sent, and placed on the calendar: mentary and Secondary Education Act discharge. This same study found that 88 percent of these children were still H.R. 6304. An act to amend the Foreign In- of 1965 to improve standards for phys- telligence Surveillance Act of 1978 to estab- ical education. with their mothers six months after lish a procedure for authorizing certain ac- S. 2369 the mother was discharged. However, quisitions of foreign intelligence, and for At the request of Mr. BAUCUS, the only 5 percent of all substances abuse other purposes. name of the Senator from Indiana (Mr. treatment facilities are able to accom- f BAYH) was added as a cosponsor of S. modate children. Congress has shown support for com- INTRODUCTION OF BILLS AND 2369, a bill to amend title 35, United States Code, to provide that certain prehensive family based substance JOINT RESOLUTIONS abuse treatment facilities in the past. tax planning inventions are not patent- In 2006, Congress passed the Deficit Re- The following bills and joint resolu- able, and for other purposes. tions were introduced, read the first duction Act, which included a $40 mil- S. 2705 and second times by unanimous con- lion grant program, to promote two At the request of Mr. DURBIN, the sent, and referred as indicated: key goals, substance abuse services for name of the Senator from Minnesota By Mr. ROCKEFELLER: families in the child welfare system, (Mr. COLEMAN) was added as a cospon- S. 3173. A bill to amend part E of title IV and regular caseworker visits. of the Social Security Act to allow children sor of S. 2705, a bill to authorize pro- The Keeping Families Safe Act is one in foster care to be placed with their parents grams to increase the number of nurses way to invest in children and families. in residential family treatment centers that within the Armed Forces through as- This legislation would allow children, provide safe environments for treating addic- sistance for service as nurse faculty or who are in foster care, to be with their tion and promoting healthy parenting; to the education as nurses, and for other pur- parent while he or she is receiving Committee on Finance. poses. treatment at residential comprehen- By Mr. LAUTENBERG (for himself, S. 3038 Mr. MENENDEZ, Mrs. CLINTON, and Mr. sive family-based substance abuse SCHUMER): At the request of Mr. GRASSLEY, the treatment centers. These facilities pro- S. 3174. A bill to improve port and inter- name of the Senator from North Da- vide comprehensive services to both modal supply chain security; to the Com- kota (Mr. DORGAN) was added as a co- parent and child. If this family based mittee on Commerce, Science, and Transpor- sponsor of S. 3038, a bill to amend part approach is not available, these chil- tation. E of title IV of the Social Security Act dren would often be forced to claim By Mr. LIEBERMAN (for himself and to extend the adoption incentives pro- Federal funding in the foster care sys- Ms. COLLINS): tem. By using these funds instead to go S. 3175. A bill to amend the Robert T. Staf- gram, to authorize States to establish ford Disaster Relief and Emergency Assist- a relative guardianship program, to to the residential facility with their ance Act to reauthorize the predisaster haz- promote the adoption of children with parent, the chances for success are ard mitigation program, to make technical special needs, and for other purposes. much greater. corrections to that Act, and for other pur- S. 3167 Family based substance abuse treat- poses; to the Committee on Homeland Secu- At the request of Mr. BURR, the name ment centers have proven to be an ef- rity and Governmental Affairs. of the Senator from Oklahoma (Mr. fective means of treating substance f COBURN) was added as a cosponsor of S. abuse and reuniting families. Many of the parents in treatment are there in SUBMISSION OF CONCURRENT AND 3167, a bill to amend title 38, United hopes of overcoming their addiction SENATE RESOLUTIONS States Code, to clarify the conditions and reuniting with their children. This The following concurrent resolutions under which veterans, their surviving spouses, and their children may be bill is designed to give them that and Senate resolutions were read, and chance. I urge my colleagues to sup- referred (or acted upon), as indicated: treated as adjudicated mentally incom- petent for certain purposes. port this important legislation to help By Mr. DURBIN (for himself and Mr. keep families together and provide an- AMENDMENT NO. 5013 HAGEL): other funding source for these impor- S. Res. 597. A resolution designating June At the request of Mr. TESTER, the tant facilities. 2008, as ‘‘ ‘Wait Wait . . . Don’t Tell Me!’ Rec- name of the Senator from Minnesota Mr. President, I ask unanimous con- ognition Month’’; to the Committee on the (Mr. COLEMAN) was added as a cospon- sent that the text of the bill be placed Judiciary. sor of amendment No. 5013 intended to in the RECORD. f be proposed to H.R. 3221, a bill to pro- There being no objection, the text of ADDITIONAL COSPONSORS vide needed housing reform and for the bill was ordered to be printed in other purposes. the RECORD, as follows: S. 1459 f S. 3173 At the request of Mr. MENENDEZ, the name of the Senator from Minnesota STATEMENTS ON INTRODUCED Be it enacted by the Senate and House of Rep- BILLS AND JOINT RESOLUTIONS resentatives of the United States of America in (Mr. COLEMAN) was added as a cospon- Congress assembled, sor of S. 1459, a bill to strengthen the By Mr. ROCKEFELLER: SECTION 1. SHORT TITLE. Nation’s research efforts to identify S. 3173. A bill to amend part E of title This Act may be cited as the ‘‘Keeping the causes and cure of psoriasis and IV of the Social Security Act to allow Families Safe Act of 2008’’. psoriatic arthritis, expand psoriasis children in foster care to be placed SEC. 2. FINDINGS. and psoriatic arthritis data collection, with their parents in residential family Congress makes the following findings: study access to and quality of care for treatment centers that provide safe en- (1) The 2001 report by the Center for Sub- people with psoriasis and psoriatic ar- stance Abuse Treatment (CSAT) of the Preg- vironments for treating addiction and nant and Postpartum Women and Their In- thritis, and for other purposes. promoting healthy parenting; to the fants Program, which provides comprehen- S. 2099 Committee on Finance. sive, family-based treatment for substance At the request of Mr. SALAZAR, the Mr. ROCKEFELLER. Mr. President, I abusing mothers and their children, found names of the Senator from Louisiana rise before you today to introduce the that at 6 months post treatment— (Ms. LANDRIEU) and the Senator from Keeping Families Safe Act of 2008 (A) 60 percent of the mothers remained al- North Dakota (Mr. CONRAD) were added which seeks to keep families together cohol and drug-free; as cosponsors of S. 2099, a bill to amend when a parent is in a residential sub- (B) drug-related offenses declined from 28 percent to 7 percent; and title XVIII of the Social Security Act stance abuse treatment facility. Nu- (C) 75 percent of the mothers had physical to repeal the Medicare competitive bid- merous studies have shown the benefits custody of 1 or more children. ding project for clinical laboratory of keeping families united as a parent (2) The 2003 evaluation of the Center for services. undergoes substance abuse treatment. Substance Abuse Treatment (CSAT) of the

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Mr. DURBIN (for himself and Mr. and for always bringing smiles to America’s (B) 44 percent of the children in the pro- HAGEL) submitted the following resolu- Saturday mornings. grams were returned to their mothers from foster care. tion; which was referred to the Com- f mittee on the Judiciary: (C) 88 percent of the children treated in the AMENDMENTS SUBMITTED AND S. RES. 597 programs with their mothers remained sta- PROPOSED bilized and living with their mothers, 6 Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’, months after discharge. the National Public Radio news quiz show, SA 5020. Mr. ENSIGN (for himself, Mr. SUNUNU, Mr. DOMENICI, Mr. ROBERTS, Ms. (3) The Center for Substance Abuse Treat- which uses current news stories for questions COLLINS, Mr. HATCH, Mr. ENZI, and Mrs. ment (CSAT) of the Pregnant and and comedy, is celebrating the 10th anniver- sary of the show’s premiere in 1998; DOLE) submitted an amendment intended to Postpartum Women and Their Infants Pro- be proposed to amendment SA 4983 proposed gram has found that rates of premature de- Whereas the programming and content cre- ated and distributed by National Public by Mr. REID (for Mr. DODD (for himself and livery, low birth weight, and infant mor- Radio is based on 3 core values, qualities of Mr. SHELBY)) to the bill H.R. 3221, moving tality were improved for women who partici- mind, qualities of heart, and qualities of the United States toward greater energy pated in the program, the costs of treating craft (and despite those core values, National independence and security, developing inno- such women were offset by as much as 3 to 4 Public Radio still airs shows like ‘‘Wait Wait vative new technologies, reducing carbon times the savings that resulted from reduced . . . Don’t Tell Me!’’ with a straight corporate emissions, creating green jobs, protecting costs of crime, foster care, Temporary As- face); consumers, increasing clean renewable en- sistance to Needy Families (TANF) assist- Whereas, in 2008, ‘‘Wait Wait . . . Don’t Tell ergy production, and modernizing our energy ance, and adverse birth outcomes. Me!’’ was named a winner of the George Fos- infrastructure, and to amend the Internal Revenue Code of 1986 to provide tax incen- ter Peabody Award, the oldest and most SEC. 3. AUTHORITY FOR STATES TO MAKE FOS- tives for the production of renewable energy prestigious award in broadcasting (probably TER CARE MAINTENANCE PAY- and energy conservation; which was ordered due to George Foster Peabody’s lifelong com- MENTS TO RESIDENTIAL FAMILY to lie on the table. TREATMENT CENTERS. mitment to self-aggrandizing entertainers, SA 5021. Ms. STABENOW (for herself and spectacularly dumb criminals, and overly Mr. LEVIN) submitted an amendment in- (a) IN GENERAL.— earnest scientists, who comprise the inspira- tended to be proposed by her to the bill H.R. (1) IN GENERAL.—Section 472 of the Social tion for the show); 3221, supra; which was ordered to lie on the Security Act (42 U.S.C. 672) is amended— Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’ table. (A) in subsection (b)(2)— carries on the tradition of humor that is part SA 5022. Mr. SANDERS (for himself, Mr. (i) by inserting ‘‘or a residential family of our Second City by taping its show in the COLEMAN, Mr. KERRY, Ms. COLLINS, Mr. treatment center’’ after ‘‘child-care institu- Chase Auditorium in downtown Chicago, Illi- BROWN, Mr. KENNEDY, and Mr. CASEY) sub- tion’’; and nois (which may be the only place in the mitted an amendment intended to be pro- (ii) by inserting ‘‘or residential family United States where people pay for tickets posed to amendment SA 4983 proposed by Mr. treatment center’’ after ‘‘such institution’’; to watch a radio show that is broadcast for REID (for Mr. DODD (for himself and Mr. and free); SHELBY)) to the bill H.R. 3221, supra; which (B) in subsection (c)— Whereas President John F. Kennedy once was ordered to lie on the table. (i) by striking ‘‘and’’ before ‘‘(2)’’; and said, ‘‘I look forward to an America which SA 5023. Mr. KOHL submitted an amend- will steadily raise the standards of artistic ment intended to be proposed by him to the (ii) by inserting before the period at the accomplishment and which will steadily en- bill H.R. 3221, supra; which was ordered to lie end the following: ‘‘; and (3) the term ‘resi- large cultural opportunities for all of our on the table. dential family treatment center’ means a citizens.’’ (making it clear that President f State licensed program that enables parents Kennedy never could have imagined ‘‘Wait and their children to live in a safe environ- Wait . . . Don’t Tell Me!’’); TEXT OF AMENDMENTS ment for a period of not less than 6 months Whereas notable Americans such as Su- SA 5020. Mr. ENSIGN (for himself, and provides, on-site or by referral, sub- preme Court Justice Stephen Breyer, actor Mr. SUNUNU, Mr. DOMENICI, Mr. ROB- stance abuse treatment services, children’s Tom Hanks, United States Attorney Patrick ERTS, Ms. COLLINS, Mr. HATCH, Mr. early intervention services, family coun- Fitzgerald, New York Times columnist Wil- seling, legal services, medical care, mental liam Safire, and White House Press Sec- ENZI, and Mrs. DOLE) submitted an health services, nursery and preschool, par- retary Dana Perino have appeared on the amendment intended to be proposed to enting skills training, pediatric care, pre- show (and luckily, few have suffered any sig- amendment SA 4983 proposed by Mr. natal care, sexual abuse therapy, relapse pre- nificant, long-term damage to their careers); REID (for Mr. DODD (for himself and Mr. vention, transportation, and job or voca- Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’ SHELBY)) to the bill H.R. 3221, moving tional training or classes leading to a sec- host Peter Sagal and veteran newsman Carl the United States toward greater en- ondary school diploma or a certificate of Kassell have been described as ‘‘the perfect ergy independence and security, devel- general equivalence’’. team to liven up a Saturday’’ (rendering oping innovative new technologies, re- them entirely unsuitable for any gainful em- (2) EFFECTIVE DATE.—The amendments ducing carbon emissions, creating ployment); made by paragraph (1) shall take effect on green jobs, protecting consumers, in- October 1, 2008, without regard to whether Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’ finds expression through a recognition that creasing clean renewable energy pro- regulations implementing such amendments you don’t have to be a professional comedian duction, and modernizing our energy are promulgated by such date. to be humorous (a premise proven each week infrastructure, and to amend the Inter- (b) EVALUATION AND REPORT.—The Sec- by a rotating panel of humorists, journalists, nal Revenue Code of 1986 to provide tax retary of Health and Human Services shall, and others, including Roy Blount, Jr., Tom incentives for the production of renew- by grant, contract, or interagency agree- Bodett, Amy Dickinson, Adam Felber, Kyrie able energy and energy conservation; ment, evaluate the foster care maintenance O’Connor, P.J. O’Rourke, Paula Poundstone, which was ordered to lie on the table; payments made under section 472(b)(2) of the Paul Provenza, Charlie Pierce, Roxanne Rob- as follows: Social Security Act on behalf of a child who erts, and Mo Rocca); and Whereas ‘‘Wait Wait . . . Don’t Tell Me!’’, At the end of division C, add the following: is in a residential family treatment center produced by National Public Radio and Chi- TITLE l—CLEAN ENERGY TAX STIMULUS (as amended by subsection (a)(1)(A)) and, not cago Public Radio, airs on nearly 450 Na- SEC. ll01. SHORT TITLE. later than 3 years after the date of enact- tional Public Radio member stations, and its This title may be cited as the ‘‘Clean En- ment of this Act, shall submit a report to audience has grown in every ratings period ergy Tax Stimulus Act of 2008’’. Congress on the results of such evaluation since its premiere in January 1998 (growth Subtitle A—Extension of Clean Energy that includes an analysis of the outcomes for that is directly proportional to the boundless Production Incentives the children in foster care on whose behalf egos of the show’s creator and Executive SEC. ll11. EXTENSION AND MODIFICATION OF such payments are made. Producer Doug Berman, Senior Producer Rod RENEWABLE ENERGY PRODUCTION Abid, producers Mike Danforth, Emily TAX CREDIT. Ecton, and Melody Kramer, technical direc- (a) EXTENSION OF CREDIT.—Each of the fol- tors Lorna White and Robert Neuhaus, and lowing provisions of section 45(d) (relating to

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qualified facilities) is amended by striking (e) EFFECTIVE DATES.— tion 48(m) of the Internal Revenue Code of ‘‘January 1, 2009’’ and inserting ‘‘January 1, (1) EXTENSION.—The amendments made by 1986 (as in effect on the day before the date 2010’’: subsection (a) shall apply to property origi- of the enactment of the Revenue Reconcili- (1) Paragraph (1). nally placed in service after December 31, ation Act of 1990). (2) Clauses (i) and (ii) of paragraph (2)(A). 2008. SEC. ll13. EXTENSION AND MODIFICATION OF (3) Clauses (i)(I) and (ii) of paragraph (2) MODIFICATIONS.—The amendments made RESIDENTIAL ENERGY EFFICIENT (3)(A). by subsections (b) and (c) shall apply to elec- PROPERTY CREDIT. (4) Paragraph (4). tricity produced and sold after the date of (a) EXTENSION.—Section 25D(g) (relating to (5) Paragraph (5). the enactment of this Act, in taxable years termination) is amended by striking ‘‘De- (6) Paragraph (6). ending after such date. cember 31, 2008’’ and inserting ‘‘December 31, (7) Paragraph (7). (3) TRASH FACILITY CLARIFICATION.—The 2009’’. (8) Paragraph (8). amendments made by subsection (d) shall (b) NO DOLLAR LIMITATION FOR CREDIT FOR (9) Subparagraphs (A) and (B) of paragraph apply to electricity produced and sold before, SOLAR ELECTRIC PROPERTY.— (9). on, or after December 31, 2007. (1) IN GENERAL.—Section 25D(b)(1) (relating to maximum credit) is amended by striking (b) PRODUCTION CREDIT FOR ELECTRICITY SEC. ll12. EXTENSION AND MODIFICATION OF PRODUCED FROM MARINE RENEWABLES.— SOLAR ENERGY AND FUEL CELL IN- subparagraph (A) and by redesignating sub- (1) IN GENERAL.—Paragraph (1) of section VESTMENT TAX CREDIT. paragraphs (B) and (C) as subparagraphs (A) 45(c) (relating to resources) is amended by (a) EXTENSION OF CREDIT.— and (B), respectively. striking ‘‘and’’ at the end of subparagraph (1) SOLAR ENERGY PROPERTY.—Paragraphs (2) CONFORMING AMENDMENTS.—Section (G), by striking the period at the end of sub- (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) (re- 25D(e)(4) is amended— paragraph (H) and inserting ‘‘, and’’, and by lating to energy credit) are each amended by (A) by striking clause (i) in subparagraph adding at the end the following new subpara- striking ‘‘January 1, 2009’’ and inserting (A), graph: ‘‘January 1, 2017’’. (B) by redesignating clauses (ii) and (iii) in ‘‘(I) marine and hydrokinetic renewable (2) FUEL CELL PROPERTY.—Subparagraph subparagraph (A) as clauses (i) and (ii), re- energy.’’. (E) of section 48(c)(1) (relating to qualified spectively, and (2) MARINE RENEWABLES.—Subsection (c) of fuel cell property) is amended by striking (C) by striking ‘‘, (2),’’ in subparagraph (C). section 45 is amended by adding at the end ‘‘December 31, 2008’’ and inserting ‘‘Decem- (c) CREDIT ALLOWED AGAINST ALTERNATIVE the following new paragraph: ber 31, 2016’’. MINIMUM TAX.— ‘‘(10) MARINE AND HYDROKINETIC RENEWABLE (3) QUALIFIED MICROTURBINE PROPERTY.— (1) IN GENERAL.—Subsection (c) of section ENERGY.— Subparagraph (E) of section 48(c)(2) (relating 25D is amended to read as follows: ‘‘(A) IN GENERAL.—The term ‘marine and to qualified microturbine property) is ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX; CARRYFORWARD OF UNUSED CREDIT.— hydrokinetic renewable energy’ means en- amended by striking ‘‘December 31, 2008’’ and ‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.— ergy derived from— inserting ‘‘December 31, 2016’’. ‘‘(i) waves, tides, and currents in oceans, (b) ALLOWANCE OF ENERGY CREDIT AGAINST In the case of a taxable year to which section estuaries, and tidal areas, ALTERNATIVE MINIMUM TAX.—Subparagraph 26(a)(2) does not apply, the credit allowed ‘‘(ii) free flowing water in rivers, lakes, and (B) of section 38(c)(4) (relating to specified under subsection (a) for the taxable year streams, credits) is amended by striking ‘‘and’’ at the shall not exceed the excess of— ‘‘(iii) free flowing water in an irrigation end of clause (iii), by striking the period at ‘‘(A) the sum of the regular tax liability system, canal, or other man-made channel, the end of clause (iv) and inserting ‘‘, and’’, (as defined in section 26(b)) plus the tax im- including projects that utilize nonmechan- and by adding at the end the following new posed by section 55, over ical structures to accelerate the flow of clause: ‘‘(B) the sum of the credits allowable under water for electric power production purposes, ‘‘(v) the credit determined under section 46 this subpart (other than this section) and or to the extent that such credit is attributable section 27 for the taxable year. ‘‘(iv) differentials in ocean temperature to the energy credit determined under sec- ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— (ocean thermal energy conversion). tion 48.’’. ‘‘(A) RULE FOR YEARS IN WHICH ALL PER- ‘‘(B) EXCEPTIONS.—Such term shall not in- (c) REPEAL OF DOLLAR PER KILOWATT LIMI- SONAL CREDITS ALLOWED AGAINST REGULAR clude any energy which is derived from any TATION FOR FUEL CELL PROPERTY.— AND ALTERNATIVE MINIMUM TAX.—In the case source which utilizes a dam, diversionary (1) IN GENERAL.—Section 48(c)(1) (relating of a taxable year to which section 26(a)(2) ap- structure (except as provided in subpara- to qualified fuel cell), as amended by sub- plies, if the credit allowable under sub- graph (A)(iii)), or impoundment for electric section (a)(2), is amended by striking sub- section (a) exceeds the limitation imposed by power production purposes.’’. paragraph (B) and by redesignating subpara- section 26(a)(2) for such taxable year reduced (3) DEFINITION OF FACILITY.—Subsection (d) graphs (C), (D), and (E) as subparagraphs (B), by the sum of the credits allowable under of section 45 is amended by adding at the end (C), and (D), respectively. this subpart (other than this section), such the following new paragraph: (2) CONFORMING AMENDMENT.—Section excess shall be carried to the succeeding tax- ‘‘(11) MARINE AND HYDROKINETIC RENEWABLE 48(a)(1) is amended by striking ‘‘paragraphs able year and added to the credit allowable ENERGY FACILITIES.—In the case of a facility (1)(B) and (2)(B) of subsection (c)’’ and insert- under subsection (a) for such succeeding tax- producing electricity from marine and ing ‘‘subsection (c)(2)(B)’’. able year. hydrokinetic renewable energy, the term (d) PUBLIC ELECTRIC UTILITY PROPERTY ‘‘(B) RULE FOR OTHER YEARS.—In the case ‘qualified facility’ means any facility owned TAKEN INTO ACCOUNT.— of a taxable year to which section 26(a)(2) by the taxpayer— (1) IN GENERAL.—Paragraph (3) of section does not apply, if the credit allowable under ‘‘(A) which has a nameplate capacity rat- 48(a) is amended by striking the second sen- subsection (a) exceeds the limitation im- ing of at least 150 kilowatts, and tence thereof. posed by paragraph (1) for such taxable year, ‘‘(B) which is originally placed in service (2) CONFORMING AMENDMENTS.— such excess shall be carried to the suc- on or after the date of the enactment of this (A) Paragraph (1) of section 48(c), as ceeding taxable year and added to the credit paragraph and before January 1, 2010.’’. amended by this section, is amended by allowable under subsection (a) for such suc- (4) CREDIT RATE.—Subparagraph (A) of sec- striking subparagraph (C) and redesignating ceeding taxable year.’’. tion 45(b)(4) is amended by striking ‘‘or (9)’’ subparagraph (D) as subparagraph (C). (2) CONFORMING AMENDMENTS.— and inserting ‘‘(9), or (11)’’. (B) Paragraph (2) of section 48(c), as (A) Section 23(b)(4)(B) is amended by in- (5) COORDINATION WITH SMALL IRRIGATION amended by subsection (a)(3), is amended by serting ‘‘and section 25D’’ after ‘‘this sec- POWER.—Paragraph (5) of section 45(d), as striking subparagraph (D) and redesignating tion’’. amended by subsection (a), is amended by subparagraph (E) as subparagraph (D). (B) Section 24(b)(3)(B) is amended by strik- striking ‘‘January 1, 2010’’ and inserting ‘‘the (e) EFFECTIVE DATES.— ing ‘‘and 25B’’ and inserting ‘‘, 25B, and 25D’’. date of the enactment of paragraph (11)’’. (1) EXTENSION.—The amendments made by (C) Section 25B(g)(2) is amended by strik- (c) SALES OF ELECTRICITY TO REGULATED subsection (a) shall take effect on the date of ing ‘‘section 23’’ and inserting ‘‘sections 23 PUBLIC UTILITIES TREATED AS SALES TO UN- the enactment of this Act. and 25D’’. RELATED PERSONS.—Section 45(e)(4) (relating (2) ALLOWANCE AGAINST ALTERNATIVE MIN- (D) Section 26(a)(1) is amended by striking to related persons) is amended by adding at IMUM TAX.—The amendments made by sub- ‘‘and 25B’’ and inserting ‘‘25B, and 25D’’. the end the following new sentence: ‘‘A tax- section (b) shall apply to credits determined (d) EFFECTIVE DATE.— payer shall be treated as selling electricity under section 46 of the Internal Revenue (1) IN GENERAL.—The amendments made by to an unrelated person if such electricity is Code of 1986 in taxable years beginning after this section shall apply to taxable years be- sold to a regulated public utility (as defined the date of the enactment of this Act and to ginning after December 31, 2007. in section 7701(a)(33).’’. carrybacks of such credits. (2) APPLICATION OF EGTRRA SUNSET.—The (d) TRASH FACILITY CLARIFICATION.—Para- (3) FUEL CELL PROPERTY AND PUBLIC ELEC- amendments made by subparagraphs (A) and graph (7) of section 45(d) is amended— TRIC UTILITY PROPERTY.—The amendments (B) of subsection (c)(2) shall be subject to (1) by striking ‘‘facility which burns’’ and made by subsections (c) and (d) shall apply title IX of the Economic Growth and Tax Re- inserting ‘‘facility (other than a facility de- to periods after the date of the enactment of lief Reconciliation Act of 2001 in the same scribed in paragraph (6)) which uses’’, and this Act, in taxable years ending after such manner as the provisions of such Act to (2) by striking ‘‘COMBUSTION’’. date, under rules similar to the rules of sec- which such amendments relate.

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE S5944 CONGRESSIONAL RECORD — SENATE June 20, 2008 SEC. ll14. EXTENSION AND MODIFICATION OF (B) by striking the period at the end of ‘‘(B)(i) acquired by a person from such eli- CREDIT FOR CLEAN RENEWABLE EN- subparagraph (E) and inserting ‘‘, and’’, and gible contractor and used by any person as a ERGY BONDS. (C) by adding at the end the following new residence during the taxable year, or (a) EXTENSION.—Section 54(m) (relating to subparagraph: ‘‘(ii) used by such eligible contractor as a termination) is amended by striking ‘‘De- ‘‘(F) a stove which uses the burning of bio- residence during the taxable year.’’. cember 31, 2008’’ and inserting ‘‘December 31, mass fuel to heat a dwelling unit located in (c) EFFECTIVE DATE.—The amendments 2009’’. the United States and used as a residence by made by this section shall apply to homes (b) INCREASE IN NATIONAL LIMITATION.— the taxpayer, or to heat water for use in such acquired after December 31, 2008. Section 54(f) (relating to limitation on a dwelling unit, and which has a thermal ef- SEC. ll23. EXTENSION AND MODIFICATION OF amount of bonds designated) is amended— ficiency rating of at least 75 percent.’’. ENERGY EFFICIENT COMMERCIAL (1) by inserting ‘‘, and for the period begin- (2) BIOMASS FUEL.—Section 25C(d) (relating BUILDINGS DEDUCTION. ning after the date of the enactment of the to residential energy property expenditures) (a) EXTENSION.—Section 179D(h) (relating Clean Energy Tax Stimulus Act of 2008 and is amended by adding at the end the fol- to termination) is amended by striking ‘‘De- ending before January 1, 2010, $400,000,000’’ lowing new paragraph: cember 31, 2008’’ and inserting ‘‘December 31, after ‘‘$1,200,000,000’’ in paragraph (1), ‘‘(6) BIOMASS FUEL.—The term ‘biomass 2009’’. (2) by striking ‘‘$750,000,000 of the’’ in para- fuel’ means any plant-derived fuel available (b) ADJUSTMENT OF MAXIMUM DEDUCTION graph (2) and inserting ‘‘$750,000,000 of the on a renewable or recurring basis, including AMOUNT.— $1,200,000,000’’, and agricultural crops and trees, wood and wood (1) IN GENERAL.—Subparagraph (A) of sec- (3) by striking ‘‘bodies’’ in paragraph (2) waste and residues (including wood pellets), tion 179D(b)(1) (relating to maximum and inserting ‘‘bodies, and except that the plants (including aquatic plants), grasses, amount of deduction) is amended by striking 1 Secretary may not allocate more than ⁄3 of residues, and fibers.’’. ‘‘$1.80’’ and inserting ‘‘$2.25’’. the $400,000,000 national clean renewable en- (2) PARTIAL ALLOWANCE.—Paragraph (1) of ergy bond limitation to finance qualified (c) MODIFICATIONS OF STANDARDS FOR EN- section 179D(d) is amended— projects of qualified borrowers which are ERGY-EFFICIENT BUILDING PROPERTY.— (A) by striking ‘‘$.60’’ and inserting (1) ELECTRIC HEAT PUMPS.—Subparagraph public power providers nor more than 1⁄3 of ‘‘$0.75’’, and such limitation to finance qualified projects (B) of section 25C(d)(3) is amended to read as (B) by striking ‘‘$1.80’’ and inserting of qualified borrowers which are mutual or follows: ‘‘$2.25’’. cooperative electric companies described in ‘‘(A) an electric heat pump which achieves (c) EFFECTIVE DATE.—The amendments section 501(c)(12) or section 1381(a)(2)(C)’’. the highest efficiency tier established by the made by this section shall apply to property (c) PUBLIC POWER PROVIDERS DEFINED.— Consortium for Energy Efficiency, as in ef- placed in service after the date of the enact- Section 54(j) is amended— fect on January 1, 2008.’’. ment of this Act. (2) CENTRAL AIR CONDITIONERS.—Section (1) by adding at the end the following new SEC. ll24. MODIFICATION AND EXTENSION OF paragraph: 25C(d)(3)(D) is amended by striking ‘‘2006’’ ENERGY EFFICIENT APPLIANCE ‘‘(6) PUBLIC POWER PROVIDER.—The term and inserting ‘‘2008’’. CREDIT FOR APPLIANCES PRO- ‘public power provider’ means a State utility (3) WATER HEATERS.—Subparagraph (E) of DUCED AFTER 2007. with a service obligation, as such terms are section 25C(d) is amended to read as follows: (a) IN GENERAL.—Subsection (b) of section defined in section 217 of the Federal Power ‘‘(E) a natural gas, propane, or oil water 45M (relating to applicable amount) is Act (as in effect on the date of the enact- heater which has either an energy factor of amended to read as follows: ment of this paragraph).’’, and at least 0.80 or a thermal efficiency of at ‘‘(b) APPLICABLE AMOUNT.—For purposes of (2) by inserting ‘‘; PUBLIC POWER PRO- least 90 percent.’’. subsection (a)— VIDER’’ before the period at the end of the (4) OIL FURNACES AND HOT WATER BOILERS.— ‘‘(1) DISHWASHERS.—The applicable amount heading. Paragraph (4) of section 25C(d) is amended to is— (d) TECHNICAL AMENDMENT.—The third sen- read as follows: ‘‘(A) $45 in the case of a dishwasher which tence of section 54(e)(2) is amended by strik- ‘‘(4) QUALIFIED NATURAL GAS, PROPANE, AND is manufactured in calendar year 2008 or 2009 ing ‘‘subsection (l)(6)’’ and inserting ‘‘sub- OIL FURNACES AND HOT WATER BOILERS.— and which uses no more than 324 kilowatt section (l)(5)’’. ‘‘(A) QUALIFIED NATURAL GAS FURNACE.— hours per year and 5.8 gallons per cycle, and (e) EFFECTIVE DATE.—The amendments The term ‘qualified natural gas furnace’ ‘‘(B) $75 in the case of a dishwasher which made by this section shall apply to bonds means any natural gas furnace which is manufactured in calendar year 2008, 2009, issued after the date of the enactment of this achieves an annual fuel utilization efficiency or 2010 and which uses no more than 307 kilo- Act. rate of not less than 95. watt hours per year and 5.0 gallons per cycle SEC. ll15. EXTENSION OF SPECIAL RULE TO IM- ‘‘(B) QUALIFIED NATURAL GAS HOT WATER (5.5 gallons per cycle for dishwashers de- PLEMENT FERC RESTRUCTURING BOILER.—The term ‘qualified natural gas hot signed for greater than 12 place settings). POLICY. water boiler’ means any natural gas hot ‘‘(2) CLOTHES WASHERS.—The applicable (a) QUALIFYING ELECTRIC TRANSMISSION water boiler which achieves an annual fuel amount is— TRANSACTION.— utilization efficiency rate of not less than 90. ‘‘(A) $75 in the case of a residential top- (1) IN GENERAL.—Section 451(i)(3) (defining ‘‘(C) QUALIFIED PROPANE FURNACE.—The loading clothes washer manufactured in cal- qualifying electric transmission transaction) term ‘qualified propane furnace’ means any endar year 2008 which meets or exceeds a 1.72 is amended by striking ‘‘January 1, 2008’’ and propane furnace which achieves an annual modified energy factor and does not exceed a inserting ‘‘January 1, 2010’’. fuel utilization efficiency rate of not less 8.0 water consumption factor, (2) EFFECTIVE DATE.—The amendment than 95. ‘‘(B) $125 in the case of a residential top- made by this subsection shall apply to trans- ‘‘(D) QUALIFIED PROPANE HOT WATER BOIL- loading clothes washer manufactured in cal- actions after December 31, 2007. ER.—The term ‘qualified propane hot water endar year 2008 or 2009 which meets or ex- (b) INDEPENDENT TRANSMISSION COMPANY.— boiler’ means any propane hot water boiler ceeds a 1.8 modified energy factor and does (1) IN GENERAL.—Section 451(i)(4)(B)(ii) (de- which achieves an annual fuel utilization ef- not exceed a 7.5 water consumption factor, fining independent transmission company) is ficiency rate of not less than 90. ‘‘(C) $150 in the case of a residential or amended by striking ‘‘December 31, 2007’’ and ‘‘(E) QUALIFIED OIL FURNACES.—The term commercial clothes washer manufactured in inserting ‘‘the date which is 2 years after the ‘qualified oil furnace’ means any oil furnace calendar year 2008, 2009, or 2010 which meets date of such transaction’’. which achieves an annual fuel utilization ef- or exceeds 2.0 modified energy factor and (2) EFFECTIVE DATE.—The amendment ficiency rate of not less than 90. does not exceed a 6.0 water consumption fac- made by this subsection shall take effect as ‘‘(F) QUALIFIED OIL HOT WATER BOILER.— tor, and if included in the amendments made by sec- The term ‘qualified oil hot water boiler’ ‘‘(D) $250 in the case of a residential or tion 909 of the American Jobs Creation Act means any oil hot water boiler which commercial clothes washer manufactured in of 2004. achieves an annual fuel utilization efficiency calendar year 2008, 2009, or 2010 which meets Subtitle B—Extension of Incentives to rate of not less than 90.’’. or exceeds 2.2 modified energy factor and Improve Energy Efficiency (d) EFFECTIVE DATE.—The amendments does not exceed a 4.5 water consumption fac- tor. SEC. ll21. EXTENSION AND MODIFICATION OF made this section shall apply to expenditures CREDIT FOR ENERGY EFFICIENCY made after December 31, 2007. ‘‘(3) REFRIGERATORS.—The applicable IMPROVEMENTS TO EXISTING amount is— SEC. ll22. EXTENSION AND MODIFICATION OF HOMES. ‘‘(A) $50 in the case of a refrigerator which TAX CREDIT FOR ENERGY EFFI- is manufactured in calendar year 2008, and (a) EXTENSION OF CREDIT.—Section 25C(g) CIENT NEW HOMES. (relating to termination) is amended by consumes at least 20 percent but not more striking ‘‘December 31, 2007’’ and inserting (a) EXTENSION OF CREDIT.—Subsection (g) than 22.9 percent less kilowatt hours per ‘‘December 31, 2009’’. of section 45L (relating to termination) is year than the 2001 energy conservation (b) QUALIFIED BIOMASS FUEL PROPERTY.— amended by striking ‘‘December 31, 2008’’ and standards, (1) IN GENERAL.—Section 25C(d)(3) is inserting ‘‘December 31, 2010’’. ‘‘(B) $75 in the case of a refrigerator which amended— (b) ALLOWANCE FOR CONTRACTOR’S PER- is manufactured in calendar year 2008 or 2009, (A) by striking ‘‘and’’ at the end of sub- SONAL RESIDENCE.—Subparagraph (B) of sec- and consumes at least 23 percent but no paragraph (D), tion 45L(a)(1) is amended to read as follows: more than 24.9 percent less kilowatt hours

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5945 per year than the 2001 energy conservation (6), (7), and (8), respectively, and by inserting security, developing innovative new standards, after paragraph (3) the following new para- technologies; reducing carbon emis- ‘‘(C) $100 in the case of a refrigerator which graph: sions, creating green jobs, protecting is manufactured in calendar year 2008, 2009, ‘‘(4) TOP-LOADING CLOTHES WASHER.—The consumers, increasing clean renewable or 2010, and consumes at least 25 percent but term ‘top-loading clothes washer’ means a not more than 29.9 percent less kilowatt clothes washer which has the clothes con- energy production, and modernizing hours per year than the 2001 energy con- tainer compartment access located on the our energy infrastructure, and to servation standards, and top of the machine and which operates on a amend the Internal Revenue Code of ‘‘(D) $200 in the case of a refrigerator man- vertical axis.’’. 1986 to provide tax incentives for the ufactured in calendar year 2008, 2009, or 2010 (4) REPLACEMENT OF ENERGY FACTOR.—Sec- production of renewable energy and en- and which consumes at least 30 percent less tion 45M(f)(6), as redesignated by paragraph ergy conservation; which was ordered energy than the 2001 energy conservation (3), is amended to read as follows: to lie on the table; as follows: standards.’’. ‘‘(6) MODIFIED ENERGY FACTOR.—The term (b) ELIGIBLE PRODUCTION.— ‘modified energy factor’ means the modified At the end of title VI of division A, add the (1) SIMILAR TREATMENT FOR ALL APPLI- energy factor established by the Department following: ANCES.—Subsection (c) of section 45M (relat- of Energy for compliance with the Federal SEC. 1606. LOW-INCOME HOME ENERGY ASSIST- ing to eligible production) is amended— energy conservation standard.’’. ANCE APPROPRIATIONS. N ENERAL (A) by striking paragraph (2), (5) GALLONS PER CYCLE; WATER CONSUMP- (a) I G .—In addition to any (B) by striking ‘‘(1) IN GENERAL’’ and all TION FACTOR.—Section 45M(f) (relating to amounts appropriated under any other provi- that follows through ‘‘the eligible’’ and in- definitions), as amended by paragraph (3), is sion of Federal law, there is appropriated, serting ‘‘The eligible’’, and amended by adding at the end the following: out of any money in the Treasury not other- (C) by moving the text of such subsection ‘‘(9) GALLONS PER CYCLE.—The term ‘gal- wise appropriated, for fiscal year 2008— in line with the subsection heading and re- lons per cycle’ means, with respect to a dish- (1) $1,265,000,000 (to remain available until designating subparagraphs (A) and (B) as washer, the amount of water, expressed in expended) for making payments under sub- paragraphs (1) and (2), respectively. gallons, required to complete a normal cycle sections (a) through (d) of section 2604 of the (2) MODIFICATION OF BASE PERIOD.—Para- of a dishwasher. Low-Income Home Energy Assistance Act of graph (2) of section 45M(c), as amended by ‘‘(10) WATER CONSUMPTION FACTOR.—The 1981 (42 U.S.C. 8623); and paragraph (1) of this section, is amended by term ‘water consumption factor’ means, with (2) $1,265,000,000 (to remain available until striking ‘‘3-calendar year’’ and inserting ‘‘2- respect to a clothes washer, the quotient of expended) for making payments under sec- calendar year’’. the total weighted per-cycle water consump- tion 2604(e) of the Low-Income Home Energy (c) TYPES OF ENERGY EFFICIENT APPLI- tion divided by the cubic foot (or liter) ca- Assistance Act of 1981 (42 U.S.C. 8623(e)), not- ANCES.—Subsection (d) of section 45M (defin- pacity of the clothes washer.’’. withstanding the designation requirement of ing types of energy efficient appliances) is (f) EFFECTIVE DATE.—The amendments section 2602(e) of such Act (42 U.S.C. 8621(e)). amended to read as follows: made by this section shall apply to appli- (b) EMERGENCY REQUIREMENT.—The ‘‘(d) TYPES OF ENERGY EFFICIENT APPLI- ances produced after December 31, 2007. amount provided under this section is des- ANCE.—For purposes of this section, the ignated as an emergency requirement, pursu- types of energy efficient appliances are— SA 5021. Ms. STABENOW (for herself ant to section 204 of S. Con. Res. 21 (110th ‘‘(1) dishwashers described in subsection and Mr. LEVIN) submitted an amend- Congress). (b)(1), ment intended to be proposed by her to ‘‘(2) clothes washers described in sub- the bill H.R. 3221, moving the United SA 5023. Mr. KOHL submitted an section (b)(2), and amendment intended to be proposed by ‘‘(3) refrigerators described in subsection States toward greater energy independ- ence and security, developing innova- him to the bill H.R. 3221, moving the (b)(3).’’. United States toward greater energy (d) AGGREGATE CREDIT AMOUNT ALLOWED.— tive new technologies; reducing carbon (1) INCREASE IN LIMIT.—Paragraph (1) of emissions, creating green jobs, pro- independence and security, developing section 45M(e) (relating to aggregate credit tecting consumers, increasing clean re- innovative new technologies, reducing amount allowed) is amended to read as fol- newable energy production, and mod- carbon emissions, creating green jobs, lows: ernizing our energy infrastructure, and protecting consumers, increasing clean ‘‘(1) AGGREGATE CREDIT AMOUNT ALLOWED.— renewable energy production, and mod- The aggregate amount of credit allowed to amend the Internal Revenue Code of 1986 to provide tax incentives for the ernizing our energy infrastructure, and under subsection (a) with respect to a tax- to amend the Internal Revenue Code of payer for any taxable year shall not exceed production of renewable energy and en- $75,000,000 reduced by the amount of the ergy conservation; which was ordered 1986 to provide tax incentives for the credit allowed under subsection (a) to the to lie on the table; as follows: production of renewable energy and en- taxpayer (or any predecessor) for all prior On page 455, between lines 14 and 15, insert ergy conservation; which was ordered taxable years beginning after December 31, the following: to lie on the table; as follows: 2007.’’. SEC. 1606. CLARIFICATION OF DISPOSITION OF At the end of division B, add the following: (2) EXCEPTION FOR CERTAIN REFRIGERATOR CERTAIN PROPERTIES. TITLE VII—FORECLOSURE RESCUE AND CLOTHES WASHERS.—Paragraph (2) of sec- Notwithstanding any other provision of FRAUD PROTECTION tion 45M(e) is amended to read as follows: law, subtitle A of title II of the Deficit Re- SEC. 2701. SHORT TITLE. ‘‘(2) AMOUNT ALLOWED FOR CERTAIN REFRIG- duction Act of 2005 (12 U.S.C. 1701z–11 note) ERATORS AND CLOTHES WASHERS.—Refrig- and the amendments made by such title This title may be cited as the ‘‘Foreclosure erators described in subsection (b)(3)(D) and shall not apply to any transaction regarding Rescue Fraud Act of 2008’’. clothes washers described in subsection a multifamily real property for which— SEC. 2702. DEFINITIONS. (b)(2)(D) shall not be taken into account (1) the Secretary of Housing and Urban De- In this title: under paragraph (1).’’. velopment has received, before the date of (1) COMMISSION.—The term ‘‘Commission’’ (e) QUALIFIED ENERGY EFFICIENT APPLI- the enactment of such Act, written expres- means the Federal Trade Commission. ANCES.— sions of interest in purchasing the property (2) FORECLOSURE CONSULTANT.—The term (1) IN GENERAL.—Paragraph (1) of section from both a city government and the hous- ‘‘foreclosure consultant’’— 45M(f) (defining qualified energy efficient ap- ing commission of such city; (A) means a person who makes any solici- pliance) is amended to read as follows: (2) after such receipt, the Secretary ac- tation, representation, or offer to a home- ‘‘(1) QUALIFIED ENERGY EFFICIENT APPLI- quires title to the property at a foreclosure owner facing foreclosure on residential real ANCE.—The term ‘qualified energy efficient sale; and property to perform, for gain, or who per- appliance’ means— (3) such city government and housing com- forms, for gain, any service that such person ‘‘(A) any dishwasher described in sub- mission have resolved a previous disagree- represents will prevent, postpone, or reverse section (b)(1), ment with respect to the disposition of the the effect of such foreclosure; and ‘‘(B) any clothes washer described in sub- property. (B) does not include— section (b)(2), and (i) an attorney licensed to practice law in ‘‘(C) any refrigerator described in sub- SA 5022. Mr. SANDERS (for himself the State in which the property is located section (b)(3).’’. and Mr. COLEMAN, Mr. KERRY, Ms. COL- who has established an attorney-client rela- (2) CLOTHES WASHER.—Section 45M(f)(3) (de- LINS, Mr. BROWN, Mr. KENNEDY, and Mr. tionship with the homeowner; fining clothes washer) is amended by insert- CASEY) submitted an amendment in- (ii) a person licensed as a real estate ing ‘‘commercial’’ before ‘‘residential’’ the tended to be proposed to amendment broker or salesperson in the State where the second place it appears. property is located, and such person engages EID ODD (3) TOP-LOADING CLOTHES WASHER.—Sub- SA 4983 by Mr. R (for Mr. D (for in acts permitted under the licensure laws of section (f) of section 45M (relating to defini- himself and Mr. SHELBY)) to the bill such State; tions) is amended by redesignating para- H.R. 3221, moving the United States to- (iii) a housing counseling agency approved graphs (4), (5), (6), and (7) as paragraphs (5), ward greater energy independence and by the Secretary;

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(iv) a depository institution (as defined in (2) TERMS AND CONDITIONS OF CONTRACT.— (b) NOTICE REQUIREMENTS.—Each notice section 3 of the Federal Deposit Insurance The requirements described in this para- provided under subsection (a) shall— Act (12 U.S.C. 1813)); graph, with respect to a contract, are as fol- (1) be in writing; (v) a Federal credit union or a State credit lows: (2) be included with a mailing of account union (as defined in section 101 of the Fed- (A) The contract includes, in writing— information; eral Credit Union Act (12 U.S.C. 1752)); or (i) a full and detailed description of the (3) have the heading ‘‘Notice Required by (vi) an insurance company organized under exact nature of the contract and the total Federal Law’’ in a 14-point boldface type in the laws of any State. amount and terms of compensation; English and Spanish at the top of such no- (3) HOMEOWNER.—The term ‘‘homeowner’’, (ii) the name, physical address, phone num- tice; and with respect to residential real property for ber, email address, and facsimile number, if (4) contain the following statement in which an action to foreclose on the mortgage any, of the foreclosure consultant to whom a English and Spanish: ‘‘Mortgage foreclosure or deed of trust on such real property is notice of cancellation can be mailed or sent is a complex process. Some people may ap- filed, means the person holding record title under subsection (d); and proach you about saving your home. You to such property as of the date on which such (iii) a conspicuous statement in at least 12 should be careful about any such promises. action is filed. point bold face type in immediate proximity There are government and nonprofit agen- (4) LOAN SERVICER.—The term ‘‘loan to the space reserved for the homeowner’s cies you may contact for helpful information servicer’’ has the same meaning as the term signature on the contract that reads as fol- about the foreclosure process. Contact your ‘‘servicer’’ in section 6(i)(2) of the Real Es- lows: ‘‘You may cancel this contract without lender immediately at [llll], call the De- tate Settlement Procedures Act of 1974 (12 penalty or obligation at any time before partment of Housing and Urban Development U.S.C. 2605(i)(2)). midnight of the 3rd business day after the Housing Counseling Line at (800) 569–4287 to (5) RESIDENTIAL MORTGAGE LOAN.—The date on which you sign the contract. See the find a housing counseling agency certified by term ‘‘residential mortgage loan’’ means any attached notice of cancellation form for an the Department to assist you in avoiding loan primarily for personal, family, or house- explanation of this right.’’. foreclosure, or visit the Department’s Tips hold use that is secured by a mortgage, deed (B) The contract is written in the principal for Avoiding Foreclosure website at http:// of trust, or other equivalent consensual secu- language used to solicit or market the serv- www.hud.gov/foreclosure for additional as- rity interest on a dwelling (as defined in sec- ices to the homeowner. sistance.’’ (the blank space to be filled in by tion 103(v) of the Truth in Lending Act (15 (C) The contract is accompanied by the the loan servicer and successor telephone U.S.C. 1602)(v)) or residential real estate form required by subsection (c)(2). numbers and Uniform Resource Locators upon which is constructed or intended to be (c) RIGHT TO CANCEL CONTRACT.— (URLs) for the Department of Housing and constructed a dwelling (as so defined). (1) IN GENERAL.—With respect to a contract Urban Development Housing Counseling Line (6) RESIDENTIAL REAL PROPERTY.—The term between a homeowner and a foreclosure con- and Tips for Avoiding Foreclosure website, ‘‘residential real property’’ has the meaning sultant regarding the foreclosure on the resi- respectively). given the term ‘‘dwelling’’ in section 103 of dential real property of such homeowner, SEC. 2705. CIVIL LIABILITY. the Consumer Credit Protection Act (15 such homeowner may cancel such contract (a) IN GENERAL.—Any foreclosure consult- U.S.C. 1602). without penalty or obligation by mailing a ant who fails to comply with any provision (7) SECRETARY.—The term ‘‘Secretary’’ notice of cancellation not later than mid- of section 2703 or 2704 with respect to any means the Secretary of Housing and Urban night of the 3rd business day after the date other person shall be liable to such person in Development. on which such contract is executed or would an amount equal to the greater of— SEC. 2703. MORTGAGE RESCUE FRAUD PROTEC- become enforceable against the parties to (1) the amount of any actual damage sus- TION. such contract. tained by such person as a result of such fail- (a) LIMITS ON FORECLOSURE CONSULTANTS.— (2) CANCELLATION FORM AND OTHER INFOR- ure; or A foreclosure consultant may not— MATION.—Each contract described in para- (2) any amount paid by the person to the (1) claim, demand, charge, collect, or re- graph (1) shall be accompanied by a form, in foreclosure consultant. ceive any compensation from a homeowner duplicate, that— (b) CLASS ACTIONS PROHIBITED.—No Federal for services performed by such foreclosure (A) has the heading ‘‘Notice of Cancella- court may certify a civil action under sub- consultant with respect to residential real tion’’ in boldface type; and section (a) as a class action under rule 23 of property until such foreclosure consultant (B) contains in boldface type the following the Federal Rules of Civil Procedure. has fully performed each service that such statement: SEC. 2706. ADMINISTRATIVE ENFORCEMENT. foreclosure consultant contracted to perform ‘‘You may cancel this contract, without (a) ENFORCEMENT BY FEDERAL TRADE COM- or represented would be performed with re- any penalty or obligation, at any time before MISSION.— spect to such residential real property; midnight of the 3rd day after the date on (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— (2) hold any power of attorney from any which the contract is signed by you. A violation of a prohibition described in sec- homeowner, except to inspect documents, as ‘‘To cancel this contract, mail or deliver a tion 2703 or a failure to comply with any pro- provided by applicable law; signed and dated copy of this cancellation vision of section 2703 or 2704 shall be treated (3) receive any consideration from a third notice or any other equivalent written no- as a violation of a rule defining an unfair or party in connection with services rendered tice to [insert name of foreclosure consult- deceptive act or practice described under to a homeowner by such third party with re- ant] at [insert address of foreclosure consult- section 18(a)(1)(B) of the Federal Trade Com- spect to the foreclosure of residential real ant] before midnight on [insert date]. mission Act (15 U.S.C. 57a(a)(1)(B)). property, unless such consideration is fully ‘‘I hereby cancel this transaction on [in- (2) ACTIONS BY THE FEDERAL TRADE COMMIS- disclosed, in a clear and conspicuous manner, sert date] [insert homeowner signature].’’. SION.—The Federal Trade Commission shall to such homeowner in writing before such (d) WAIVER OF RIGHTS AND PROTECTIONS enforce the provisions of sections 2703 and services are rendered; PROHIBITED.— 2704 in the same manner, by the same means, (4) accept any wage assignment, any lien of (1) IN GENERAL.—A waiver by a homeowner and with the same jurisdiction, powers, and any type on real or personal property, or of any protection provided by this section or duties as though all applicable terms and other security to secure the payment of com- any right of a homeowner under this sec- provisions of the Federal Trade Commission pensation with respect to services provided tion— Act (15 U.S.C. 41 et seq.) were incorporated by such foreclosure consultant in connection (A) shall be treated as void; and into and made part of this title. with the foreclosure of residential real prop- (B) may not be enforced by any Federal or (b) STATE ACTION FOR VIOLATIONS.— erty; or State court or by any person. (1) AUTHORITY OF STATES.—In addition to (5) acquire any interest, directly or indi- (2) ATTEMPT TO OBTAIN A WAIVER.—Any at- such other remedies as are provided under rectly, in the residence of a homeowner with tempt by any person to obtain a waiver from State law, whenever the chief law enforce- whom the foreclosure consultant has con- any homeowner of any protection provided ment officer of a State, or an official or tracted. by this section or any right of the home- agency designated by a State, has reason to (b) CONTRACT REQUIREMENTS.— owner under this section shall be treated as believe that any person has violated or is (1) WRITTEN CONTRACT REQUIRED.—Notwith- a violation of this section. violating the provisions of section 2703 or standing any other provision of law, a fore- (3) CONTRACTS NOT IN COMPLIANCE.—Any 2704, the State— closure consultant may not provide to a contract that does not comply with the ap- (A) may bring an action to enjoin such vio- homeowner a service related to the fore- plicable provisions of this title shall be void lation; closure of residential real property— and may not be enforceable by any party. (B) may bring an action on behalf of its (A) unless— SEC. 2704. WARNINGS TO HOMEOWNERS OF residents to recover damages for which the (i) a written contract for the purchase of FORECLOSURE RESCUE SCAMS. person is liable to such residents under sec- such service has been signed and dated by (a) IN GENERAL.—If a loan servicer finds tion 2705 as a result of the violation; and the homeowner; and that a homeowner has failed to make 2 con- (C) in the case of any successful action (ii) such contract complies with the re- secutive payments on a residential mortgage under subparagraph (A) or (B), shall be quirements described in paragraph (2); and loan and such loan is at risk of being fore- awarded the costs of the action. (B) before the end of the 3-business-day pe- closed upon, the loan servicer shall notify (2) RIGHTS OF FEDERAL TRADE COMMISSION.— riod beginning on the date on which the con- such homeowner of the dangers of fraudulent (A) NOTICE TO COMMISSION.—The State shall tract is signed. activities associated with foreclosure. serve prior written notice of any civil action

VerDate Aug 31 2005 06:46 Sep 14, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD08\RECFILES\S20JN8.REC S20JN8 mmaher on PROD1PC76 with CONG-REC-ONLINE June 20, 2008 CONGRESSIONAL RECORD — SENATE S5947 under paragraph (1) upon the Commission mittee on Homeland Security and Gov- ORDER FOR MEASURE TO BE and provide the Commission with a copy of ernmental Affairs be authorized to PLACED ON THE CALENDAR— its complaint, except in any case in which meet during the session of the Senate H.R. 6304 such prior notice is not feasible, in which case the State shall serve such notice imme- on Friday, June 20, 2008, at 10 a.m. The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- diately upon instituting such action. imous consent that when H.R. 6304 is (B) INTERVENTION.—The Commission shall objection, it is so ordered. received from the House, it be placed have the right— f (i) to intervene in any action referred to in on the calendar. subparagraph (A); MANAGING AND PRESERVING The PRESIDING OFFICER. Without (ii) upon so intervening, to be heard on all CONGRESSIONAL PAPERS objection, it is so ordered. matters arising in the action; and (iii) to file petitions for appeal in such ac- Mr. REID. Mr. President, I ask unan- tions. imous consent that the Senate proceed f (3) INVESTIGATORY POWERS.—For purposes to the consideration of Calendar No. of bringing any action under this subsection, 705, H. Con. Res. 307. APPOINTMENTS nothing in this subsection shall prevent the The PRESIDING OFFICER. The chief law enforcement officer, or an official clerk will report the concurrent resolu- The PRESIDING OFFICER. The or agency designated by a State, from exer- tion by title. Chair, on behalf of the Vice President, cising the powers conferred on the chief law pursuant to Public Law 110–181, and in enforcement officer or such official by the The legislative clerk read as follows: laws of such State to conduct investigations A concurrent resolution (H. Con. Res. 307) consultation with the chairmen of the or to administer oaths or affirmations, or to expressing the sense of Congress that Mem- Committee on Armed Services, the compel the attendance of witnesses or the bers’ Congressional papers should be prop- Committee on Homeland Security and production of documentary and other evi- erly maintained and encouraging Members Governmental Affairs, and the Com- dence. to take all necessary measures to manage mittee on Foreign Relations, appoints (4) LIMITATION.—Whenever the Federal and preserve these papers. the following individuals to be mem- Trade Commission has instituted a civil ac- There being no objection, the Senate bers of the Commission on Wartime tion for a violation of section 2703 or 2704, no proceeded to consider the concurrent State may, during the pendency of such ac- Contracting in Iraq and Afghanistan: tion, bring an action under this section resolution. Linda J. Gustitus of the District of Co- against any defendant named in the com- Mr. REID. Mr. President, I ask unan- lumbia and Charles Tiefer of Maryland. plaint of the Commission for any violation of imous consent that the concurrent res- section 2703 or 2704 that is alleged in that olution be agreed to, the preamble be f complaint. agreed to, and the motions to recon- SEC. 2707. LIMITATION. sider be laid upon the table, with no in- ORDERS FOR MONDAY, JUNE 23, No violation of a prohibition described in tervening action or debate, and that 2008 section 2703 or a failure to comply with any any statements related to this measure provision of section 2703 or 2704 shall provide grounds for the halt, delay, or modification be printed in the RECORD. Mr. REID. Mr. President, I ask unan- of a foreclosure process or proceeding. The PRESIDING OFFICER. Without imous consent that when the Senate SEC. 2708. PREEMPTION. objection, it is so ordered. completes its business today, it stand Nothing in this title affects any provision The concurrent resolution (H. Con. adjourned until 3 p.m. this coming of State or local law respecting any fore- Res. 307) was agreed to. Monday, June 23; that following the closure consultant, residential mortgage The preamble was agreed to. prayer and the pledge, the Journal of loan, or residential real property that pro- vides equal or greater protection to home- f proceedings be approved to date, the morning hour be deemed expired, the owners than what is provided under this AUTHORIZING THE USE OF THE title. time for the two leaders be reserved for CAPITOL GROUNDS Amend the table of contents accordingly. their use later in the day, and the Sen- f Mr. REID. Mr. President, I ask unan- ate resume consideration of the House imous consent that the Rules Com- message with respect to H.R. 3221, the NOTICE OF HEARING mittee be discharged from further con- housing legislation. I ask further that COMMITTEE ON ENERGY AND NATURAL sideration of H. Con. Res. 335 and the the filing deadline for the amendments RESOURCES Senate proceed to its consideration. to the Dodd-Shelby substitute amend- This is to advise you that a field The PRESIDING OFFICER. Without ment be 10:30 a.m. on Tuesday, June 24, hearing has been scheduled before the objection, it is so ordered. and that substitute amendment is No. Senate Committee on Energy and Nat- The clerk will report the concurrent 4983. ural Resources. The hearing will be resolution by title. held on Wednesday, July 2, 2008, at 10 I further ask unanimous consent that The legislative clerk read as follows: the RECORD remain open until 2 p.m. a.m., International Programs Building, A concurrent resolution (H. Con. Res. 335) Sandia Science & Technology Park, today for statements, cosponsors, and authorizing the use of the Capitol Grounds bill introductions. 10600 Research Road SE., Albuquerque, for a celebration of the 100th anniversary of NM 87123. Alpha Kappa Alpha Sorority, Incorporated. The PRESIDING OFFICER. Without The purpose of the hearing is to con- There being no objection, the Senate objection, it is so ordered. sider the value and examine the proceeded to consider the concurrent progress of electricity generation from resolution. f concentrating solar power. For further information, please con- Mr. REID. Mr. President, I ask unan- tact Leon Lowery at (202) 224–2209 or imous consent that the concurrent res- ADJOURNMENT UNTIL MONDAY, Gina Weinstock at (202) 224–5684. olution be agreed to, the motion to re- JUNE 23, 2008, AT 3 P.M. consider be laid upon the table, with no f intervening action or debate, and that Mr. REID. Mr. President, seeing no AUTHORITY FOR COMMITTEES TO any statements related to this measure one else on the floor, I ask unanimous MEET be printed in the RECORD. consent that the Senate stand ad- journed under the previous order. COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Without GOVERNMENTAL AFFAIRS objection, it is so ordered. There being no objection, the Senate, Mr. DORGAN. Mr. President, I ask The concurrent resolution (H. Con. at 12:49 p.m., adjourned until Monday, unanimous consent that the Com- Res. 335) was agreed to. June 23, 2008, at 3 p.m.

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RECOGNITION OF MARY GREEN AS ognition of the Church’s contributions to the home beneath the oaks at the corner of 11th RETINITIS PIGMENTOSA INTER- community of Westlake, Ohio. and Colorado has housed 43 Texas Gov- NATIONAL SOCIETY’S WOMAN OF St. Paul Lutheran Church, a congregation of ernors, and two future Presidents, in its 151 VISION the Lutheran Church—Missouri Synod, was years. founded on June 13, 1858 by twenty families One of the unique aspects of the Texas HON. NANCY PELOSI living in Westlake, Ohio and has a rich history Governor’s Mansion is that its structure has OF CALIFORNIA of public service to the community. The con- remained virtually unchanged. Under Governor gregation grew from ninety-three members to IN THE HOUSE OF REPRESENTATIVES Oscar Colquitt, an addition to the rear of the over 2,500 parishioners and 250 students. The Friday, June 20, 2008 home was completed in 1914 and renovations original infrastructure of the Church was re- over the years have left that floor plan intact Ms. PELOSI. Madam Speaker, the recent placed on December 14, 1974 with a new for nearly a century. The Greek Revival archi- Retinitis Pigmentosa International Society’s brick building, which continues to stand to this tecture of the home, with its vast porches and presentation of its Woman of Vision Leader- day. Expansions to the Church included floor-to-ceiling windows are all original to the ship Award to San Francisco-based activist school facilities and a sanctuary expansion. home’s initial construction, making it the oldest and fashion designer Mary Green is an excel- St. Paul Lutheran Church offers preschool executive residence in the United States to lent occasion for this body to take note of the through eighth grade education and offers art, function in its original configuration. I told you unique and innovative manner in which Mary vocal and instrumental music, technology, and everything is better in Texas. has employed her burgeoning business suc- sports activities. The Church also has a vari- After getting over the fact that I wasn’t going cess to improve the lives and work conditions ety of ministries, including youth and edu- to get to try this case and charge this villain of women in developing countries around the cational ministries. The Church has never with everything from arson to treason, I started world. shied from its responsibility to educate, serve, thinking about my first visit to the mansion Mary Green is a visionary of ethical and and walk in concert with their congregation as when I was 10 years old. One of my heroes, sustainable entrepreneurship, a creative and well as the community as a whole. as you all know, was General, President, and compassionate strategy that other American Madam Speaker and colleagues, please join Governor Sam Houston—and I couldn’t wait to business leaders might find rewarding, encom- me in honor of St. Paul Lutheran Church in walk through the halls that he walked and passing both good humanism and good busi- Westlake, Ohio as they celebrate their one imagine that I was him. I remember standing ness. The Vision Award saluted, along with hundred and fiftieth anniversary, and in rec- at the foot of his bed thinking it was huge, her design skills, her commitment to creating ognition of the Church’s contributions to the thinking that General Sam really was larger better lives for people living in the shadow of community. May St. Paul’s devotion to service than life. poverty and deprivation throughout the third and faith continue to touch their congregation. world. Mary Green’s signature is adapting and f I was relieved to learn that Sam Houston’s uniting the unique artistic skills of workers in custom mahogany bed and most of the histor- various countries with their innate entrepre- DON’T MESS WITH TEXAS ical furnishings were previously removed for neurship. By doing so she has created stable the renovations and spared from the fire. I business communities that have emerged to HON. TED POE support the efforts of Governor Perry, the produce her exceptional fashion designs. It is OF TEXAS Friends of the Governor’s Mansion and all her creative humanism that truly makes her a IN THE HOUSE OF REPRESENTATIVES Texans that want to see the Governor’s Man- sion rebuilt and restored to its former glory. woman of vision. Friday, June 20, 2008 A committed activist in many areas of social And, I envy the judge that tries the outlaw that improvement through activities in the business Mr. POE. Madam Speaker, people ask me recklessly destroyed part of our great state’s world, nonprofit entities and humane govern- all the time, ‘‘Do you miss being a judge?’’ history. mental activities, from solar power coopera- Usually my answer is, ‘‘No, I enjoy rep- The last scoundrel to desecrate a Texas tives to stem cell advancement, Mary Green’s resenting the good folks of southeast Texas in landmark got nine years in the penitentiary. most notable achievements have been in the Congress,’’ but sometimes a case comes Back in 1989, a man by the name of Paul area of developing business solutions that ad- along that makes me wish I was back on the Cullen poisoned the great ‘‘Treaty Oak.’’ Of dress society’s most pressing problems. It is bench. Sunday, June 8th was one of those course, I promptly volunteered to try that case the human dimension of sustainable business, days. As I turned on the news and learned as well. The Treaty Oak is the famed site in including the empowerment of women, which that some outlaw set fire to the Texas Gov- Austin where Stephen F. Austin signed a trea- operates as a key factor in all of her work. ernor’s Mansion, my first thought was I hope ty with the Lipan Apaches and is thought to be Mary Green personifies what is great about they send him to my court. My close friend more than 500 years old. Alton said ‘‘Get a Rope’’. sustainable entrepreneurship: the blend of In a deliberate effort to destroy the tree in Of course we all know that everything is big- human and natural capital creating a commu- some kooky scheme, Cullen poisoned it with ger and better in Texas, but as the news nity of trust and happiness with the creation of enough pesticides to kill a hundred trees. And made headlines across the country so did a a valuable product that transcends the focus as most criminals do, he bragged about his little Texas history. Our governor’s mansion is on immediate monetary reward. We are all the crime which resulted in his swift arrest and in- registered as a National Historic Landmark beneficiaries of the vision of Mary Green. carceration. The nation was stunned that we and is the oldest governor’s mansion west of f sent him to prison for trying to kill a tree, but the Mississippi and the fourth oldest in the the Tree was a symbol of Texas. IN RECOGNITION OF ST. PAUL country. Because Texas has the unique dis- LUTHERAN CHURCH tinction of being an independent country and a Fortunately the Treaty Oak survived the at- state, the history of our governor’s residence tack and while she may not stand as mighty HON. DENNIS J. KUCINICH really started with the first home of the Presi- as before, she continues to hang in there as a symbol of strength and perseverance. We OF OHIO dent of the Republic, however that home was rebuilt the Capitol after it was destroyed by fire IN THE HOUSE OF REPRESENTATIVES short lived. Nine years after annexation in 1845, the in 1991 and the Mansion will live to see an- Friday, June 20, 2008 Texas Legislature appropriated $14,500 to other day as well. As for the traitorous Mr. KUCINICH. Madam Speaker, I rise build a governor’s mansion. The mansion was arsonists, well that is yet to be seen. There’s today in honor of St. Paul Lutheran Church in completed June 14, 1856 and Texas’s fifth a reason for the saying—‘‘Don’t mess with Westlake, Ohio, as they celebrate their one Governor, Elisha Marshall Pease and his fam- Texas!’’ hundred and fiftieth anniversary, and in rec- ily were the first residents. The historic Austin And that’s just the way it is.

∑ 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 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.001 E20JNPT1 erowe on PRODPC61 with REMARKS E1298 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2008 HONORING HOUSTON WHITE agree to a measure congratulating and recog- It is with the deepest appreciation that I pay nizing Mr. Juan Antonio Chi-Chi Rodriguez for tribute to the long life of a hard-working, just HON. JEB HENSARLING his continued success on and off the golf and passionate man, Douglas Fraser. He lived OF TEXAS course, I would have voted ‘‘aye.’’ his years in service to his family, friends and IN THE HOUSE OF REPRESENTATIVES f fellow United Auto Workers. May this ardent Friday, June 20, 2008 labor leader be showered with blessings into HONORING DOUGLAS A. FRASER eternity and receive a loving peace. Mr. HENSARLING. Madam Speaker, I rise f today to honor Mr. Houston White on the 60th HON. MARCY KAPTUR anniversary of his participation in the estab- OF OHIO CENTENNIAL OF THE INTER- NATIONAL BOUNDARY COMMIS- lishment of the Rotary Club of Rusk, Texas. IN THE HOUSE OF REPRESENTATIVES If you’ve ever wondered what made individ- SION uals from the ‘‘Greatest Generation’’ so excep- Friday, June 20, 2008 tional, one must look no further than to Mr. Ms. KAPTUR. Madam Speaker. I rise today HON. DON YOUNG White. Ninety-five years old, Mr. White recalls to recognize Douglas A. Fraser of Southfield, OF ALASKA surviving the Great Depression by spending Michigan. IN THE HOUSE OF REPRESENTATIVES his days picking cotton in West Texas. During Douglas A. Fraser departed from this life World War II, Mr. White volunteered for the Saturday, February 23, 2008 at a fulfilling 91 Friday, June 20, 2008 Navy, but that was just the beginning of his years old. Douglas will forever be remembered Mr. YOUNG. Madam Speaker, I have the volunteerism. for his dedication to labor rights, as he con- pleasure of informing my colleagues that the Mr. White, a graduate of Jacksonville High stantly sought after fairness and justice in em- International Boundary Commission (IBC), the School and Jacksonville Baptist College, ployment practices. Douglas led the United entity responsible for making, maintaining and helped establish the Rotary Club in Rusk, Auto Workers (UAW), though a period of tran- mapping the Canada-U.S. border, is cele- Texas in 1948. Since then, Mr. White has sition in the 1970s and 1980s. As the chief of brating its centennial this month. been an active member and was selected to the United Auto Workers, he played an instru- Through the IBC, Canada and the United serve as District Governor for Rotary District mental role in saving the former Chrysler Cor- States have collaborated for over 100 years to 5910, one of the highest offices a Rotarian poration from bankruptcy. peacefully maintain the longest shared border can achieve. Mr. Fraser commenced his career with the in the world, 5525 miles long, from the Atlantic Mr. White’s public service includes count- auto industry by taking a job at a DeSoto plant to the Pacific to the Arctic Ocean. My state of less civic projects, volunteer efforts, and par- owned by Chrysler that had been organized Alaska shares more boundary with Canada ticipation in Rusk city government. In addition, by the UAW. He rose rapidly in the ranks of than any other State, 1540 miles (Water and Mr. White has served as a deacon and Sun- the union, eventually being elected of Local Land). Of those 1540 miles, 710 miles of land day school teacher at First Baptist Church. 227, in 1944, at the age of 27. After three is defined by 90 mountain peaks and 97 inter- Mr. White is a husband to Freddye Banks terms as president, in 1947 he was hired as mediate monuments from the Portland Canal Dear, a father to George White, and grand- a member of the union’s international staff. In to Mt. St. Elias. This summer, the field parties father to Christopher White. 1951, Mr. Fraser joined then UAW President for both the U.S. and Canadian sections of the Abraham Lincoln once said, ‘‘In the end, it’s Walter Reuther’s staff. Because of skills at ne- IBC will be surveying the land boundary in not the years in your life that count. It’s the life gotiation, he quickly became known for his Southeast Alaska (710 miles). The main goal in your years.’’ Well, Mr. White has certainly shrewd bargaining ability. of this project is to update the boundary posi- made the past ninety-five years count. Respected for being both an artful politician tions to the currently used coordinate ref- Madam Speaker, I am honored to recognize and an impassioned activist, Mr. Fraser was erence system, as well as identify and mark Mr. Houston White as a resident in the fifth one of the first labor leaders to take on many the boundary points the original surveys were district of Texas and would like to thank him of the thorny issues facing the auto industry unable to physically occupy. for his tireless service to Cherokee County, today, from global competition to soaring The work of the IBC is fundamentally impor- Texas, and this great nation. health costs. tant to our national interest; to law enforce- f Without Mr. Fraser’s aggressive lobbying on ment—land administration, customs and immi- PERSONAL EXPLANATION Capitol Hill and among UAW rank and file, gration; and to the management of the Chrysler would not have been able to secure transboundary resources. The last 100 years HON. PETER J. VISCLOSKY $1.5 billion in federal loan guarantees in 1979, of work of the IBC exemplifies the close and which saved the automaker from bankruptcy, enduring Canada-U.S. relationship. OF INDIANA according to labor historians and top UAW of- Madam Speaker, and my fellow members, IN THE HOUSE OF REPRESENTATIVES ficials. Also, in the 1979, as president of the join me in celebrating the centennial of the Friday, June 20, 2008 UAW, Mr. Fraser and his team achieved other International Boundary Commission. Mr. VISCLOSKY. Madam Speaker, I was breakthroughs: Incremental increases in pen- f absent from the House due to the funeral of sion benefits for current and future retirees, a a close friend and therefore missed rollcall substantial increase in reduced work time, im- RECOGNIZING THE COMMITMENT votes 430 through 433. provements in the cost-of-living allowance for- OF THE ALI FAMILY TO THE Had I been present for rollcall 430, H.Res. mula, and Chrysler agreement to union rep- COMMUNITY THROUGH THEIR 1230, on a motion to suspend the rules and resentation on its board of directors. BUSINESS, BEN’S CHILI BOWL agree to a measure condemning the post- In 1980, Mr. Fraser became the first Amer- election violence in Zimbabwe and calling for ican union official to sit on the board of a large HON. CHARLES B. RANGEL a peaceful resolution to the current political corporation. He even donated his board salary OF NEW YORK crisis, and for other purposes, I would have to Wayne State University in Detroit. IN THE HOUSE OF REPRESENTATIVES voted ‘‘aye.’’ Current UAW President Ron Gettelfinger, Friday, June 20, 2008 Had I been present for rollcall 431, H.R. who has led the union through a period of 2262, agreeing to Senate Amendment to labor challenges in the face of the financial Mr. RANGEL. Madam Speaker, I rise today House Amendment No. 1 on the Military Con- downturn of the automotive ‘‘Big Three’’, said to pay special tribute to the Ali Family for 50 struction and Veterans Affairs and Related he often turned to Mr. Fraser for guidance and years of contributing to the economic vitality Agencies Appropriations Act, I would have support. and culture of Washington, DC’s historic U voted ‘‘aye.’’ Once Mr. Fraser retired as UAW president Street corridor, the ‘‘Black Broadway.’’ Had I been present for rollcall 432, H.R. in 1983, he became a professor of labor stud- In each decade in which the Chili Bowl has 2262, agreeing to Senate Amendment to ies at Wayne State and launched another ca- been in operation, Ben and Virginia have House Amendment No. 2 on the Military Con- reer that spanned 25 years. In that capacity, faced challenges that for others contributed to struction and Veterans Affairs and Related he served as a guest faculty member at other the closing of their business. The violent un- Agencies Appropriations Act, I would have campuses, including the University of Michi- rest following the assassination of Martin Lu- voted ‘‘aye.’’ gan, Harvard University and Columbia Busi- ther King, Jr. in 1968, disinvestment in Wash- Had I been present for rollcall 433, H.Res. ness School, where he was labor leader in ington commercial districts throughout the 1029, on a motion to suspend the rules and residence for 3 years. 1970s and 80s, the complete upturning of the

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K20JN8.004 E20JNPT1 erowe on PRODPC61 with REMARKS June 20, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1299 1200 block of U Street to make way for Met- The Midwest continues to be ravaged by Rhode Island, nephews Noah Levy of New ro’s green line extension during the late flooding and broken levees, and our Civil Air Jersey and Amos Levy and wife Carla of New 1990s. Many entrepreneurs have come and Patrol is working with local first responders, York, and cousins, Adrian Levy of Galveston gone, but the Ali’s and that familiar long white providing digital photographs of flooded areas. and Gloria Herman of Houston. counter with red-vinyl stools have remained These images have been used to assess the Her life was devoted to various charitable stalwart and true. extent of the floods and the damage they and civic endeavors. She was president of the As we enter into a moment in time when the caused. Family Service Bureau and served on the possibility for change is right at our finger tips, In my home State of Michigan, the Civil Air boards of Galveston Public Health Nursing it is comforting to know that for which we hope Patrol flies missions from the Selfridge Air Na- Service, Galveston Community Council, and to attain is possible, and can be seen in our tional Guard Base where they supported the the League of Women Voters among many not too distant past. Ben and Virginia opened National Weather Service in the aftermath of others. a business to be part of a community, to con- tornados and heavy storms last fall. She was chairman of the Red Cross Dis- tribute. Through hard work and commitment, Shortly after the attack on 9/11, the Civil Air aster Relief Committee during the Texas City they have been able to raise a family, guide Patrol was the first in the skies over Ground disaster in 1947, and worked tirelessly on the young employees in the lessons of good busi- Zero, and assisted in the relief efforts. scene searching the wreckage for the dead ness, and make and keep appreciative pa- and injured, bringing home temporarily or- So I believe that it is only fitting that we ex- trons. The neighborhood has changed around phaned children at night. It was her nature to amine using the Civil Air Patrol for Homeland them, but their devotion to creating a place see a need and immediately accept the chal- Security Missions as they have already dem- where everyone feels welcome, where what is lenge to meet it. expected is what is served, and where you onstrated their capabilities to provide aerial She was president of Friends of Rosenberg can listen to the rhythms of what makes U support during emergencies around the Na- Library and volunteered in the library’s cata- Street so special. They created a place of tion. loging department for 20 years. She also character. It is in these things that for 50 years I look forward to viewing the final Govern- served on its board of trustees. we have seen the best part of ourselves when ment Accountability Office, GAO, report and From 1959 to 1960 Mrs. Kempner served looking through the plate glass window of examining the ways that the Civil Air Patrol on the Galveston City Charter Commission Ben’s Chili Bowl. It is with the next generation can assist the Department of Homeland Secu- and was instrumental in changing Galveston’s of Ali capable hands that the business moves rity, whether that includes assisting in our bor- form of government from a city commission to forward. der security efforts, or utilizing their search- a council-city manager operation. When the and-rescue capabilities in the aftermath of an f new charter was adopted, Mrs. Kempner was act of terrorism or natural disaster. elected to serve on the first Galveston City CIVIL AIR PATROL HOMELAND These brave men and women volunteer Council from 1961 to 1963. She thereby be- SECURITY SUPPORT ACT OF 2007 their time and deserve our gratitude for the came the first woman in Galveston’s history to vital work that furthers the security of this serve on any governing body of the city of SPEECH OF great Nation. Galveston. In this, as in many things, she pio- HON. CANDICE S. MILLER I urge my colleagues to support this legisla- neered the way for women in the city. OF MICHIGAN tion. Ruth Kempner was one of two lay persons IN THE HOUSE OF REPRESENTATIVES f appointed to the Texas Civil Judicial Council and served for 8 years, from 1965 to 1973. In Wednesday, June 18, 2008 TO HONOR A GREAT TEXAN—RUTH later years, she was active on the develop- Mrs. MILLER of Michigan. Madam Speaker, KEMPNER ment board of the University of Texas Medical I rise in strong support of H.R. 1333, Civil Air Branch in Galveston and was chairman of the Patrol Homeland Security Support Act of HON. NICK LAMPSON Breast Imaging Committee. She was a gen- 2007. erous benefactor to the UTMB mammography OF TEXAS The Civil Air Patrol is comprised completely and osteoporosis screening van, ‘‘the Ole- IN THE HOUSE OF REPRESENTATIVES of volunteers who provide air and ground sup- ander’’, and enthusiastically participated in its port for disaster relief, conducts search and Friday, June 20, 2008 dedication in 1999. In 2003, her grandsons es- rescue missions, perform counter drug mis- Mr. LAMPSON. Madam Speaker, I rise in tablished the Ruth Levy Kempner Professor- ship in Radiation Oncology at UTMB in honor sions and aerial damage assessment. honor of a great friend and Texan that passed of their grandmother’s dedication to the med- Shortly after being established on December away June 16, 2008. Ruth was an honorable 1, 1941, our Nation was drawn into World War ical branch and the Galveston community. woman who dedicated her life to charity and II with the attack at Pearl Harbor. And the Civil She was the recipient of many community helping others. Air Patrol began its vital mission patrolling the awards over the years including the Galveston Ruth Levy Kempner was born at John Sealy skies over our great Nation. Historical Foundation Steel Oleander Award Hospital in Galveston, Texas, on November Although originally intended to perform only and the 1894 Grand Opera House Community reconnaissance missions, the Civil Air Patrol 26, 1917, to Marion J. and Alma L. Levy. She Enrichment Award. found themselves carrying depth charges and died on June 16, 2008, at her home in Gal- She was delighted to list her profession on bombs as the deadly German U-boats at- veston. her passport as ‘‘Housewife and Civic Busy- tacked U.S. shipping in the Atlantic. Mrs. Kempner graduated from Ball High body’’, but she will be remembered for her in- During the war the Civil Air Patrol found 173 School in 1933, and earned a BA degree from telligence, her candor, and her dedication to German submarines, hitting 10, and sinking 2 the University of Texas at Austin, graduating every cause she believed in. Equality for all of them. cum laude in 1937. She was a Galveston people, regardless of sex, race or religion was A German commander later confirmed that school teacher prior to her marriage to Harris one of those causes, and she fought for it coastal U-boat operations were withdrawn L. Kempner on April 24, 1939. They had two staunchly at a time when it took much cour- from the United States ‘‘because of those sons, Harris L. ‘‘Shrub’’ Kempner, Jr., and age. She was particularly a role model for damned little red and yellow airplanes’’ of the Marion Lee ‘‘Sandy’’ Kempner. Sandy, a lieu- many women who responded to her gracious Civil Air Patrol. tenant in the United States Marine Corps, was toughness, and her willingness to express her- From this early beginning, the Civil Air Pa- killed in Vietnam in November 1966. self very directly. trol established itself as a provider of critical She is preceded in death by her parents, Mrs. Kempner was a courtly hostess, a support in times of crisis and emergency. husband, son, and brother, Marion Levy of steadfast friend, and a formidable enemy to in- Whether the danger comes from hurricanes, Princeton, New Jersey. She is survived by her justice of any kind. She took great pride in her downed or missing aircraft, wildfires or other son, Harris L. Kempner, Jr., and his wife Hetta family, and was passionate about Galveston disasters, the Civil Air Patrol can always be T. Kempner of Galveston, her grandchildren, and its citizens. Vice versa. counted on to provide the support our Nation Harris L. Kempner III and wife Kim of Knox- She occasionally admitted that she had poor needs. ville, Tennessee, and Randall T. Kempner of math skills. We believe that she thought one Even today, the Civil Air Patrol continues to Washington, DC, sister-in-law, Joy Levy of and one equals three because she always serve as a vital source of aerial reconnais- Princeton, New Jersey, niece, Dore Levy-Trill- knew that the whole was greater than the sum sance. ing and husband Jim Trilling of Providence, of its parts. We will miss her greatly.

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.002 E20JNPT1 erowe on PRODPC61 with REMARKS E1300 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2008 INACTION AND OVERREACTION HONORING MARGARET ‘‘MAGGIE’’ It is also important to acknowledge that TRUPP FOR HER 41 YEARS OF Reeve and the other extraordinary young peo- MERITORIOUS SERVICE ple receiving the Congressional Award were HON. JOE WILSON not alone in their work to achieve their goals. OF SOUTH CAROLINA HON. AL GREEN Along the way, they were guided by the help- IN THE HOUSE OF REPRESENTATIVES OF TEXAS ing hands of parents, teachers, and mentors, IN THE HOUSE OF REPRESENTATIVES who provided constant encouragement and Friday, June 20, 2008 support. Friday, June 20, 2008 Mr. WILSON of South Carolina. Madam Today, I honor Reeve’s hard work and dedi- Speaker, depending on what day it is, the Mr. AL GREEN of Texas. Madam Speaker, cation. His dedication to community service House Democrat energy policy can be de- it is my pleasure to honor Margaret ‘‘Maggie’’ and personal development should be admired scribed one of two ways—either inaction or Trupp upon the occasion of her retirement fol- and emulated. overreaction. On the one hand, with gas lowing 41 years of meritorious service for Con- f prices over 4 dollars per gallon and a growing tinental Airlines. Ms. Trupp’s life experience truly represents HONORING SAINT JAMES PARISH global demand for oil, House Democrats the American Dream. After immigrating to the refuse to lift the moratoriums against exploring United States from Holland in 1961 at the age HON. DALE E. KILDEE for new oil and natural gas reserves here in of 16, she attended Dan McCarty High School OF MICHIGAN the United States. On the other hand, having and Indian River Junior College before moving IN THE HOUSE OF REPRESENTATIVES now failed to lower gas prices by doing noth- to my hometown of Houston, Texas, in 1967. ing, we hear Members of the majority saying Friday, June 20, 2008 Almost immediately, Texas International Air- we should nationalize the American oil indus- Mr. KILDEE. Madam Speaker, I rise today lines, an airline in its infancy, recognized her try. Since when did the United States start fol- to recognize Saint James Parish in Bay City talents, work ethic and enthusiasm and hired lowing the example of socialist regimes like as they dedicate the new parish center, Lang- her to help move the company forward. Ms. that of unstable Venezuelan President Hugo ley Hall. Bishop Robert J. Carlson will preside Trupp has participated in Texas International’s Chavez? over the dedication ceremony on Sunday, growth into Continental Airlines, a major inter- June 22, in Bay City, Michigan. House Republicans have a plan that will not national carrier. surrender our freedom and innovative spirit to Reverend Henry Schutjes founded Saint Ms. Trupp achieved great success during James Parish in 1868 in response to the the limits of big government. We want to lift her tenure, once receiving the airline’s annual the unnecessary restrictions on energy explo- needs of a growing Irish community. The par- customer service award and spearheading its ish quickly became the center of life for the ration. We want to invest in alternative energy unaccompanied minor system, which has fa- sources and use the power of the free market Irish settlers in the Bay City area. In 1873 the cilitated successful travel for young people. On new pastor, Reverend Thomas Rafter, wel- to drive innovation forward and energy prices a personal note, she has helped me numerous down. comed four Sisters of Charity to teach in the times over the years in my travel experiences parish school. On August 25th of that year, In conclusion, God bless our troops, and we and has always shown me tremendous gen- Saint James Parish opened the first 12-grade, will never forget September 11th. I am grateful erosity and kindness. coeducational parochial school in the United that World War II veteran, Sergeant William E. Ms. Trupp will officially retire effective July States. The Sisters of Charity had to send ad- Durkes, Sr., is visiting Washington today con- 1, 2008, bringing her impressive and success- ditional teachers as the enrollment grew to tinuing to celebrate his 92nd birthday. ful career to a close. I would like to congratu- 400 students within a month. late her for her decades of excellent work and Education has always been very important f to wish her a happy and fulfilling retirement. to the parishioners of Saint James. In pre- f TRIBUTE TO MRS. LINDA DAVIS paring the next generation for the challenges COMMENDING REEVE FIDLER OF of life the school has gone through several GROTON transformations. The high school is now part HON. DANNY K. DAVIS of All Saints Central High School and the mid- OF ILLINOIS dle school is part of Holy Family Middle HON. NIKI TSONGAS School. Since 1873, the Sisters of Charity IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS have continued to serve Saint James Parish, IN THE HOUSE OF REPRESENTATIVES Friday, June 20, 2008 preparing students for an abundant temporal Friday, June 20, 2008 and spiritual life. Mr. DAVIS of Illinois. Madam Speaker, I rise Ms. TSONGAS. Madam Speaker, I rise to The first wooden church was destroyed by to pay tribute to one of the outstanding resi- honor Reeve Fidler of Groton, Massachusetts, fire in 1884. The second church was struck by dents of the community where I live and enjoy who will receive the Congressional Award lightning and burned in 1978. After each trag- the friendship and fellowship of my neighbors bronze, silver and gold medals. It is my privi- edy the parishioners came together and con- and friends. Madam, I cannot pinpoint exactly lege to honor Reeve who has worked to better tinued a vibrant parish life. They found other when or where I first met Ms. Linda Davis; himself and his community. places to celebrate Mass and worked to re- however, I do recall that we immediately con- The Congressional Award recognizes initia- build the sanctuary. The current church was nected and soon were communicating and tive, achievement, and service in young peo- completed in 1980 and the first Mass was working together on various issues and ple. Reeve exemplifies all of these qualities. celebrated on Christmas Eve. This sacred tra- projects. The award’s recipients represent the best of dition continues under the leadership of the Linda Davis had an outstanding personality America—they are committed to self-improve- pastor, Reverend Robert J. DeLand, and as- which was infectious. She could be warm and ment, hard work, and community service. sociate pastor, Reverend Andrew D. Booms. disarming but at the same time tough and in- Reeve performed over 400 hours of commu- On June 22nd the parish will come together timidating. She was energetic and in addition nity service, managing the snack shack at his again to celebrate the dedication of the new to looking after her home and family, she was town’s athletic fields. The profits he earned parish center, Langley Hall. The parish center a regular attendee at community meetings and selling concessions went to fund the town’s is made possible by the bequest of the late events. Mrs. Davis was involved with her block youth soccer program. Reeve also volunteered Norbert Langley and Elizabeth Langley. The and immediate neighborhood; I was privileged as a teacher’s aide at the Groton Children’s Langley family exemplifies the best of Saint to attend meetings and coffees in her home. Center. James Parish life. Their parents, John and She worked with the Community Bank of In addition to helping his community, Reeve Anna Langley, were married at Saint James Lawndale, the Austin Bank of Chicago, the set personal development goals. He received Catholic Church in 1911. They had five chil- Chicago Board of Education and Loretto Hos- certification to become a soccer referee and dren, all baptized at Saint James, and four pital as well with the Austin Chamber of Com- subsequently worked as an official for youth children graduated from the parish high merce and many other entities. games in his town. To complete the physical school. Elizabeth and Norbert stayed on the Madam Speaker, I am pleased to take note fitness goal, Reeve played for his high family farm and continued to attend Mass at of some of the contributions of this noteworthy school’s varsity tennis team, and for his expe- Saint James. Elizabeth passed away in 1998 citizen, a great wife, wonderful mother and su- dition requirement, Reeve explored the coast and Norbert died in 2004. The estate was be- perb human being. of southern Maine. queathed to Saint James, enabling the parish

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.005 E20JNPT1 erowe on PRODPC61 with REMARKS June 20, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1301 to build a parish center to provide a gathering versity-Newark continued success in the fu- ple back in 2002 and it has not achieved the place for the parishioners to come together in ture. goals that were set out by this Administration. fellowship. f The war in Iraq has lasted far too long and Madam Speaker, I ask the House of Rep- has recklessly put the lives and livelihood of resentatives to rise with me today and applaud GRANTING A FEDERAL CHARTER too many American troops in danger. With the clergy, staff, and parishioners of Saint TO KOREAN WAR VETERANS AS- over 4,000 of our brave sons and daughters James Parish. For over 100 years Saint SOCIATION, INCORPORATED killed and more than 30,000 diagnosed with James Parish has been a center of worship injuries, it is time they come home. After 5 SPEECH OF and praise for the Bay City area and may it years, this war has lasted longer than Amer- continue to bring the joy of Our Lord, Jesus HON. PETER WELCH ica’s military involvement in World War I, Christ, to the community for many, many OF VERMONT World War II, the Korean war and the Civil years to come. IN THE HOUSE OF REPRESENTATIVES War. I remain fully committed to the with- f Tuesday, June 17, 2008 drawal of America’s troops from the war in Iraq and am greatly disappointed that a TRIBUTE TO RUTGERS UNIVER- Mr. WELCH of Vermont. Madam Speaker, I timeline for withdrawal has not been included SITY-NEWARK ON ITS 100TH AN- rise today in support of S. 1692, a bill to grant in this emergency funding measure. To be NIVERSARY a Federal charter to the Korean War Veterans certain, a timeline is the only way that the cur- Association. rent Iraqi Government will understand the dire HON. DONALD M. PAYNE Just a few short years after World War II, need to unify and stand together to build their OF NEW JERSEY our government again called on hundreds of nation. Our brave men and women of the IN THE HOUSE OF REPRESENTATIVES thousands of Americans to serve their country Armed Forces can not and should not have to in a distant conflict. Over 1,700,000 American Friday, June 20, 2008 hold Iraq together indefinitely. My vote today soldiers were sent halfway around the world to against this amendment is strictly a vote to Mr. PAYNE. Madam Speaker, I ask my col- fight a Communist threat in Korea. Over bring our troops home from Iraq. leagues here in the House of Representatives 40,000 would never return—giving their lives While I strongly oppose continued funding to join me as I rise to recognize and honor a on the battlefield or going missing to this day. for our war in Iraq I am an even stronger sup- great institution of higher learning, Rutgers Another 100,000 were wounded. Today, my porter for greater funding and resources to win University-Newark as it celebrates its 100th state of Vermont alone is home to almost the battle against Al Qeada and Taliban ex- anniversary. A gala being held on June 19, 10,000 Korean War veterans. tremists in Afghanistan. I have stated un- 2008 at the Paul Robeson Campus Center in The Korean War Veterans Association ex- equivocally on multiple occasions that Afghani- honor of this important milestone will feature a ists to remember those lost, to honor the serv- stan is the central front in the war on terror. variety of distinguished alumni, supporters, ice of the thousands of living veterans, and to In fact, just 2 months ago I joined my col- faculty, staff and students. The theme of the support Korean freedom. For over six years, leagues Representatives CAPUANO and centennial, ‘‘A Century of Reaching Higher,’’ the organization has fought for Federal rec- LOBIONDO in a congressional assignment to celebrates the transformation of two law ognition. The Veterans of Foreign Wars, Afghanistan and Pakistan. I had the honor to schools, a business college and two colleges American Legion, and the Vietnam Veterans meet our troops stationed in Afghanistan and of arts and science into one of the Nation’s of America have received a Federal charter, see the battle conditions they faced high up in leading urban research universities. but up until this point veterans of the Korean the mountain ranges of the Afghan-Pakistan Rutgers University-Newark has a rich and il- War could not claim this honor. H.R. 1692 fi- border. Despite the extreme conditions and lustrious history. Founded in 1908 as a law nally remedies this. dangerous assignments they were engaged in, school by New York attorney Richard Currier, Under the charter provided in this bill, the I was encouraged by the troops’ morale and the university has a rich tradition of diversity. Korean War Veterans Association will provide unwavering commitment to their mission in Af- The law school, the Seth Boyden School of assistance to veterans of the Korean War and ghanistan. I told them I would continue to do Business and the Dana College merged in to all those who have subsequently served everything in my power in Congress to provide 1936 and became the University of Newark. In there, including helping those men and women them with the resources they need to be suc- the 1940s, the University of Newark and Rut- receive the veterans benefits they have cessful in Afghanistan and I believe I am gers University joined together to form a geo- earned. The organization will also preserve doing so with this vote today. graphically diverse public State university with the camaraderie forged between those who It is my regret that I do not have the ability programs in a broad variety of undergraduate served, and honor the memory of those fallen. today to vote to reject continued funding for and graduate disciplines. In the 1960s the uni- It is my great pleasure to support this well-de- the war in Iraq and still vote to approve great- versity acquired a large parcel of land in what served charter. er funding for our efforts in Afghanistan. It is is now known as the University Heights Dis- f clear to me that the central front in the War on trict and construction began on the modern Terror in Afghanistan has suffered due to the SUPPLEMENTAL APPROPRIATIONS campus. Today, Rutgers University-Newark is singular focus the administration has had on ACT, 2008 a modern urban research university of 38 Iraq. It should be deeply disturbing to my col- acres where 10,500 students pursue degrees SPEECH OF leagues and all Americans that because of in business, law, the arts and sciences, nurs- this focus on Iraq we are seeing a resurgence ing, criminal justice, public administration, and HON. BILL PASCRELL, JR. of the Taliban as witnessed in the recent sui- global affairs. During its 100 years of exist- OF NEW JERSEY cide bombing of a prison in Kandahar that ence, Rutgers University-Newark has been in- IN THE HOUSE OF REPRESENTATIVES freed over 400 Taliban inmates. The facts clusive in its recruitment which has in turn cre- Thursday, June 19, 2008 make clear my reasoning as to why I am vot- ated a mosaic of student diversity. ing today against Amendment No. 1 in support The gala will celebrate the university’s leg- Mr. PASCRELL. Mr. Speaker, I want to of our brave troops fighting in Afghanistan. acy in the State’s largest city, particularly in state for the record that my vote today against f the areas of educational opportunity, urban Amendment No. 1 to H.R. 2642, the Supple- engagement, diversity and research. Proceeds mental Appropriations Act is a vote against RECOGNIZING JUNETEENTH from the gala will support scholarship funds, further unconditional funding for the war in INDEPENDENCE DAY including scholarships for students in the Iraq. However, I would also like to make clear State’s first undergraduate major in public that this is not a vote against funding our SPEECH OF service, to be offered by the Rutgers School of troops fighting in Afghanistan. In fact, I believe HON. JOHN B. LARSON Public Affairs and Administration beginning in that my vote today against amendment No. 1 OF CONNECTICUT the fall of 2008. is indeed a vote that supports our mission in IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I am sure my colleagues Afghanistan because I believe the failed war in agree that Rutgers University-Newark de- Iraq has greatly hurt our ability to defeat our Tuesday, June 17, 2008 serves to be feted at the gala in honor of its enemies who attacked our Nation on 9/11. Mr. LARSON of Connecticut. Madam 100th anniversary. I am proud to have this fine I cannot vote to continue funding for the war Speaker, I rise today in recognition of the university in my Congressional district and in Iraq because it has not been fought for the Juneteenth holiday which was on June 19th. wish everyone associated with Rutgers Uni- purpose that was stated to the American peo- Yesterday, the House of Representatives

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.009 E20JNPT1 erowe on PRODPC61 with REMARKS E1302 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2008 passed H. Res. 1237, recognizing the histor- bean writers and poets like Jamaica Kincaid, worked tirelessly to ensure the students of ical significance of Juneteenth Independence Derek Walcott (who won the 1992 Nobel Prize Paso Robles had a school system that pro- Day. I voted in favor of this resolution and I in Literature), and Edwidge Danticat (a finalist vided them a world-class education to ensure commend my colleague, Representative for the National Book Award). We have lis- they were prepared for the future and suc- DANNY DAVIS of Illinois for introducing this leg- tened to the creative sounds of Kompa that cessful throughout their lives. islation. Juneteenth marks the anniversary of has its origins in Haiti, Zouk from Guadeloupe, Her many contributions to Paso Robles are June 19, 1865, the day Union General Gordon Soca from Trinidad and Tobago, and Reggae a shining example of the dedicated public Granger and 2,000 Federal troops arrived in from Jamaica. Steel Pans, the only musical in- service to which we should each aspire. I Galveston, Texas, to take control of the State strument invented in the 21st century origi- know Pat looks forward to spending time hap- and formally free the slaves. nated from Trinidad and Tobago. Jamaica’s pily in her retirement with her husband Fred, News of the end of slavery did not reach First Lady of Theatre and Film, Leoni Forbes, daughter Danielle, and grandchildren Nicolas, frontier areas of the United States, for more won the Gemini Award for best actress in a Isabella, and Jose. I commend Pat for her than 2 years after President Lincoln’s Emanci- comedy. service to the Paso Robles Joint Unified pation Proclamation, and months after the During Caribbean-American Heritage Month, School District and the local community, and I conclusion of the Civil War. When word finally we celebrate the great contributions of Carib- wish her all the best as she enters this next reached the enslaved populations in these bean Americans to our Nation. We recognize stage of her life. areas, African Americans celebrated their lib- that without them, our country would not be f eration in towns across Texas and the south- what it is today and we pay tribute to the com- IN RECOGNITION OF MR. KEVIN west. These celebrations became a tradition mon bonds that unite the United States and WILLIAMS for African Americans in Texas and have since the Caribbean. spread across the United States. f Juneteenth is not only a time to commemo- HON. STEVEN R. ROTHMAN OF NEW JERSEY rate the historical significance of the emanci- TRIBUTE TO PAT JOHNSON IN THE HOUSE OF REPRESENTATIVES pation of slaves, but also time to recognize and celebrate the vast achievements and HON. KEVIN McCARTHY Friday, June 20, 2008 progress of African Americans across the Na- OF CALIFORNIA Mr. ROTHMAN. Madam Speaker, I rise in tion. In my home State of Connecticut, IN THE HOUSE OF REPRESENTATIVES recognition of Mr. Kevin Williams of Secaucus, Juneteenth is an officially recognized holiday. Friday, June 20, 2008 New Jersey, for his extraordinary public serv- We make note of fearless Connecticut aboli- ice and congratulate him for being honored tionists James Mars and J.W.C. Pennington Mr. MCCARTHY of California. Madam with the Congressional Award Gold Medal. who fought tirelessly to end slavery and peti- Speaker, I rise today to honor a community The Congressional Award is an esteemed tioned Connecticut’s Legislature regarding vot- leader, Mrs. Patricia ‘‘Pat’’ Johnson, on her re- recognition bestowed on exemplary young ing and social rights for African Americans in tirement after 27 years of service on the Paso people who complete a minimum of 400 hours the 1840s and 50s. We also recognize the sig- Robles Joint Unified School District Board of of voluntary public service, 200 hours of per- nificant milestone of the United States Su- Trustees. sonal development activities, 200 hours of preme Court decision restoring freedom to the Pat’s service to the Paso Robles public physical fitness, and four consecutive days survivors of the Amistad Slave Ship, then liv- schools officially started when she was elected and nights of an exploration or expedition. ing in Connecticut. Through museums and to the Paso Robles elementary school board, Kevin epitomizes everything that this award is sites such as the Old State House, the Mark now the Paso Robles Joint Unified School Dis- seeking to extol; particularly his dedication to Twain House, the Harriet Beecher Stowe trict Board of Trustees, but her contribution to his community and commitment to public serv- House, the Connecticut freedom trails, and the the community of Paso Robles began long be- ice. Amistad Center for Arts and Culture at the Old fore that. With her daughter, Danielle, coming At the young age of 18, Kevin Williams has State House, we pay homage to the African up through the Paso Robles school system, already founded two nonprofit organizations, American experience throughout the State. Pat served as both a classroom and library People to People International’s Go Inter- And so Madam Speaker, I rise to com- volunteer, often spending her entire day at national For Tomorrow Student Chapter and memorate a day that represents not only an Marie Bauer Elementary School and George Wrap4ASmile Foundation, Inc. The first of end to centuries of a great injustice, but the H. Flamson Middle School. She served as these organizations, Go International For To- beginning of a new journey for all of Ameri- president of the local Parent Teacher Associa- morrow, focuses on developing youth leader- cans. tion and the School Site Council prior to her ship through educational, cultural and humani- election to the Board of Trustees. f tarian activities. The second, Wrap4ASmile, During her time on the Paso Robles Joint raises funds, collects products, packs care GREAT CARIBBEAN AMERICAN Unified School District Board of Trustees, the packages, and distributes personal care items CONTRIBUTIONS TO AMERICAN district experienced significant growth. Seven that cannot be purchased with food stamps. CULTURE new schools and three administrative buildings These two groups successfully encourage were built during her tenure of service, a local young adults to get involved in various public HON. CHARLES B. RANGEL middle school was modernized and property service activities. OF NEW YORK was purchased that would later make room for Kevin has spent over one thousand hours IN THE HOUSE OF REPRESENTATIVES the teacher’s center. Of the new schools built, performing valuable community service, both she knew and worked with several of the in my home State of New Jersey and abroad. Friday, June 20, 2008 teachers the buildings were named after. He has earned numerous awards docu- Mr. RANGEL. Madam Speaker, I rise today In addition to playing a vital role in Paso menting and celebrating his achievements. to recognize Caribbean-American Heritage Robles school district’s growth, Pat also pre- Most recently, Kevin received the 2008 Month and the many contributions of persons sided over several areas of conceptual trans- Comcast Leaders and Achievers Award, the of Caribbean descent into the American fabric. formation of the school district, including unifi- People to People International Golden Award, Despite the lack of wealth and resources cation in 1996, of the Paso Robles elementary and, for the past 4 years, the Presidential Vol- available to many in the Caribbean, the region school board and the current board she unteer Service Gold Award. continues to produce exceptional talent and is serves on, as well as implementation the Mid- Kevin is a truly exceptional young leader in endowed with a capacity to overcome incred- dle School Concept, an independent study our community. In addition to founding two ible odds. Our Nation has thrived as a country program, and accreditation of the district high nonprofits, Kevin has participated in the Inter- of immigrants, and we are more vibrant and schools and high school graduation diplomas. national Student Leadership Conference of hopeful because of the talent, faith, and resil- Throughout her tenure with the Paso Robles Operation Smile, the American Legion New ience of Caribbean Americans. For centuries, public schools, she was also an active partici- Jersey Boys State Conference, and the Na- Caribbean Americans have added to the pant in various California School Boards Asso- tional Youth Leadership Council Conference in strength of our country. They have been lead- ciation events. Healthcare Medicine. He is an ambassador of ers, innovators, athletes, artists, entertainers, Over the past 27 years, the students and public service, and his efforts help make the doctors, and lawyers. community served by the Paso Robles Joint world a better place for all of us. The world has had the privilege of reading Unified School District have benefited from Today, I would like to congratulate Mr. the words of internationally recognized Carib- Pat’s dedication and energetic service. She Kevin Williams for receiving the Congressional

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.013 E20JNPT1 erowe on PRODPC61 with REMARKS June 20, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1303 Award Gold Medal in recognition of his exem- graduate of the Marine Aviation Weapons and nedy, 28—Joe Fletcher, 29—Dan Stapleton, plary contributions to New Jersey and beyond. Tactics Instructor course in Yuma, Arizona. 30—Evan Mazzoni, 31—Steve Mahle, 32— I extend to him my very best wishes. Accordingly, she served as a primary tactics Chris Burns, 33—Matt Lebduska, 34—Andrew f instructor for her squadron, HMM–364. As the Luczka, 35—Alex Iannicello, and 36—Chris pilot training officer and lead instructor pilot, Schneider. HONORING THE BOY SCOUTS OF she was responsible for training new copilots IOWA and evaluating seasoned pilots for advanced f designations. HON. SANFORD D. BISHOP, JR. Captain Harris was one of only four Marine PERSONAL EXPLANATION OF GEORGIA officers selected by the Office of the Secretary IN THE HOUSE OF REPRESENTATIVES of Defense to represent the U.S. Marine Corps in the 2007 Senate Youth Program. She was HON. ED PERLMUTTER Friday, June 20, 2008 to participate in the program after her return OF COLORADO Mr. BISHOP of Georgia. Madam Speaker, from her last deployment to Iraq. IN THE HOUSE OF REPRESENTATIVES our thoughts and prayers go out to the fami- At the time of her death, Captain Harris was lies and friends, fellow Scouts of the four serving with HMM–364 as a CH–46 helicopter Friday, June 20, 2008 young men—Josh Fennen, 13, Sam Thomsen, pilot in the Al Anbar province of Iraq, per- Mr. PERLMUTTER. Madam Speaker, due to 13, and Ben Petrzilka, 14, from Omaha, Ne- forming assault support, casualty evacuation, external circumstances, I was unable to braska, and Aaron Eilerts, 13, from Eagle and combat raid missions. She gave her life promptly return to House Chambers and I Grove, Iowa—who were killed on June 11, so that the Iraqi people might have an oppor- missed the following vote on Thursday, June 2008, when a tornado hit their campsite in tunity for a better life. This was her third com- 19, 2008. I would have voted as follows: H.R. western Iowa. bat deployment in support of Operation Iraqi 2764, Consolidated Appropriations Act, 2008, As an Eagle Scout myself, I am saddened, Freedom, including the initial invasion oper- rollcall vote 431, Agreeing to Senate Amend- but also very proud of the young men in Iowa, ation from February to October 2003. and their poise and strength in the face of one I want to extend my heartfelt condolences to ment to House Amendment No.1: ‘‘no.’’ of Mother Nature’s most ferocious storms. Captain Jennifer Harris’s family and hope that I would have voted ‘‘no’’ on this amendment These young men lived up to our pledge they are able to find comfort in the knowledge which provides $165.4 billion in funding for the which says: that Captain Harris’s countless selfless acts, wars in Iraq and Afghanistan because this On my honor I will do my best including her ultimate selfless act, helped to amendment contained no benchmarks or To do my duty to God and my country provide opportunity for the people of Iraq. timelines for redeploying our troops out of Iraq and to obey the Scout Law; f responsibly, safe, and soon. To help other people at all times; To keep myself physically strong, HONORING THE WEST GENESEE f mentally awake, and morally straight. HIGH SCHOOL BOYS LACROSSE The tornado destroyed the four cabins of TEAM MELANIE ROACH: INSPIRATIONAL the 1,800-acre camp and ripped up tents. OLYMPIAN However, in the critical moments caused by HON. JAMES T. WALSH the disaster and through the rubble, these OF NEW YORK HON. DAVID G. REICHERT brave men exemplified our motto of being pre- IN THE HOUSE OF REPRESENTATIVES pared when they immediately set up triage op- OF WASHINGTON Friday, June 20, 2008 erations to assist and, most likely, save the IN THE HOUSE OF REPRESENTATIVES lives of other young men who were in grave Mr. WALSH of New York. Madam Speaker, danger. I rise today to congratulate the West Genesee Friday, June 20, 2008 High School boys lacrosse team, 2008 Class As a Member who represents an area of the Mr. REICHERT. Madam Speaker, I rise A New York State Champions. With their 11– country which, unfortunately, experiences today in order to congratulate my constituent, 7 victory over Syosset High School on June more than its share of hurricanes and tor- Melanie Roach, for her resiliency while earn- 14, 2008 the West Genesee Wildcats won nados, I know all too well the devastation se- ing a place on the United States weightlifting their 15th New York state title. vere weather causes. And, as a Scout, having team for the 2008 Summer Olympic Games in The road to the title was not an easy one participated in camping experiences similar to Beijing. Her story is a wonderful example of for the West Genesee Wildcats. With an injury the Iowa Scouts’ experience, I know and ap- the power of the human spirit and she will no riddled line up the team had a bumpy start preciate the challenges those young men doubt represent her family, community and that included 3 losses and a drop to 17th in faced. country well throughout the entire 17-day com- the state rankings. Many were skeptical that So today, I ask that you join me in taking petition. this opportunity to recognize the four heroes the Wildcats could reach the level of success lost that day. that previous school teams had achieved, but Before qualifying for the games this sum- mer, Melanie was on the verge of making her f the players and coaches set out to prove the skeptics wrong and ended the season on a 12 way to Sydney, Australia for the 2000 Olympic MEMORIAL TRIBUTE FOR CAPTAIN game win streak. West Genesee finished an Games when an injury shattered her Olympic JENNIFER HARRIS, USMC outstanding season with an impressive record aspirations. Instead of wallowing in self-pity, of 2l–3 and their 15th state championship is Melanie threw herself into the role of mother HON. KAY GRANGER the most titles won by a New York state high to her three children, supportive spouse to her husband, a State legislator in Washington, and OF TEXAS school team in anyone sport. started a business. However, she could not IN THE HOUSE OF REPRESENTATIVES On behalf of the people of the 25th District of New York, I congratulate Athletic Director shake the desire to compete athletically and Friday, June 20, 2008 Anthony Pascale, Head Coach Mike Messere, worked tirelessly to get back to an Olympic Ms. GRANGER. Madam Speaker, I rise Assistant Coach Bob Deegan, and the players level and compete with the best lifters in the today to honor Marine Captain Jennifer Harris, of the West Genesee High School boys la- world. who was killed in a CH–46 crash outside of crosse team: 2—Shane Martin, 3—Mike She is one of only four women to qualify for Baghdad on February 7, 2007. Fetterly, 4—Dylan Sabene, 5—Ryan McCon- the team and at 33 years old, she is the oldest Captain Harris embodied many of the great nell, 6—Kevin Grome, 7—Jim Marks, 8—Tim member of the U.S. weightlifting team, and yet traits our men and women are displaying both Besio, 9—Matt McCabe, 10—Henry Luke the youngest at heart. She will travel to Beijing at home and abroad in three theaters of war. Cometti, 11—Owen Alberts, 12—Mike Simiele, prior to the August 8, 2008, opening cere- Captain Harris was dedicated to her Nation, 13—Eric Mazzoni, 14—Garrett Ryan, 15—Joe monies and will bring the pride of her family her Corps, and to the Iraqi people. Fazio, 16—Dylan Parker, 17—Jordan Rogers, and friends, her community and the State of Captain Harris was a member of the United 18—Eric Miccio, 19—Jaron Davie, 20—Ryan Washington, and all the people of the United States Naval Academy’s class of 2000 and Barber, 21—John Glesener, 22—Ike Hopper, States of America. Melanie is an inspiration to graduated with an honors degree in political 23—Conor Regin, 24—PJ Hart, 25—Jack all and I wish her the best in Beijing and safe- science and a minor in Spanish. She was a Conboy, 26—Ben Waldron, 27—Jack Ken- ty in her travels.

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JN8.016 E20JNPT1 erowe on PRODPC61 with REMARKS E1304 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2008 PERSONAL EXPLANATION On August 9, the Martin Foundation will retirement from ‘‘the toughest jobs he ever help open the doors to a new medical facility loved.’’ His commitment to public service is a HON. SPENCER BACHUS in Anniston, Alabama. The center will provide life well lived. OF ALABAMA much-needed acute and chronic medical serv- f ices for children of all ages and backgrounds, IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE SERVICE OF as well as new treatment opportunities for COLONEL RAYMOND G. MIDKIFF Friday, June 20, 2008 more citizens of Calhoun County. Mr. BACHUS. Madam Speaker, on June 19, I am pleased to recognize Dr. Martin today 2008, I was unavoidably delayed and missed for achieving this noteworthy accomplishment, HON. JOHN A. YARMUTH the vote on House amendment No. 1 to H.R. and for helping bring this important new OF KENTUCKY 2642, the Supplemental Appropriations Act. healthcare facility to our community. IN THE HOUSE OF REPRESENTATIVES Had I been present, I would have voted ‘‘yea’’ f Friday, June 20, 2008 on rollcall 431. IN HONOR OF DAVE MORA Mr. YARMUTH. Madam Speaker, I rise f today to recognize the outstanding service of COL Raymond G. Midkiff, who has served as CONGRATULATING DONNA HON. SAM FARR commander of the Louisville District, Corps of SHALALA—RECIPIENT OF THE OF CALIFORNIA Engineers since July 2005. Colonel Midkiff will PRESIDENTIAL MEDAL OF FREE- IN THE HOUSE OF REPRESENTATIVES retire from active duty with the U.S. Army on DOM Friday, June 20, 2008 September 1 of this year, with over 26 years of dedicated service to our Nation. HON. MARIO DIAZ-BALART Mr. FARR. Madam Speaker, I rise today to Born in Dayton, Ohio, and raised in Texas, pay tribute to Dave Mora, who is retiring after OF FLORIDA Colonel Midkiff was commissioned in the 35 years of exemplary public service to his IN THE HOUSE OF REPRESENTATIVES Corps of Engineers upon graduation from community and his country. Dave’s public life Texas A&M University where he earned a de- Friday, June 20, 2008 began with the Boy Scouts and culminates gree in agricultural engineering. Colonel Mr. MARIO DIAZ-BALART of Florida. with 17 years as city manager of Salinas, Cali- Midkiff completed his graduate studies at Mur- Madam Speaker, it is with great pride that I fornia. Dave began his career in California ray State University receiving a masters of rise today in honor of a great public servant, local government in 1973 with the city of science degree in environmental management. Dr. Donna Shalala. On June 19, 2008, Dr. Santa Barbara as Director of Community Rela- During his military career, Colonel Midkiff’s Shalala received the Presidential Medal of tions. He also served as the city manager of leadership, vision, and dedication to duty have Honor, the Nation’s highest award given to ci- the city of Oxnard and Town Manager of Los contributed significantly to the national de- vilians for exemplary accomplishments that Gatos, but Mora said the years in Salinas fense, economic prosperity, and quality of life have benefitted the American public. were some of the best in his life. This is where for our citizens. Dr. Shalala currently serves as the president he and his wife Judy raised their two daugh- As commander of the Corps of Engineers’ of the University of Miami, where she works ters, Gabi and Teresa. Louisville District, Colonel Midkiff oversaw tirelessly making UM a leading, world-class in- In 1990, Dave Mora came to Salinas to Army, Air Force, and DOD military construc- stitution. South Florida and the Nation truly serve as the city manager. Salinas is the larg- tion projects valued in excess of $1.2 billion benefit from the cutting-edge research now est city in my congressional district and the annually. Major military installations supported being conducted at the University of Miami. seat of Monterey County government, so I include, Fort Campbell and Fort Knox in Ken- Prior to taking that position, she served as have had the pleasure of working closely with tucky, Scott Air Force Base near St. Louis, Secretary of the Department of Health and Dave Mora since I was elected to Congress in Wright-Patterson Air Force Base in Dayton as Human Services, where she was considered 1993. During his tenure as city manager, Dave well as Army and Air Force Reserve facilities one of the most successful Government ad- has faced continuing challenges resulting from nationwide. Additionally, Colonel Midkiff has ministrators of modern times. She managed State budget crises, yet he was able to restore been responsible for comprehensive water re- sources and project operations in 76,000 programs, including Social Security, Medicare, Salinas’ budget from red ink to black ink by square miles of the Ohio River watershed, the National Institute of Health, and the Food making tough decisions while ensuring that providing flood damage reduction, ecosystem and Drug Administration. the most critical public safety and social serv- restoration, and commercial navigation. In 2007, President George W. Bush ap- ices remained in place. Dave’s financial acu- men enabled city leadership to assure city Colonel Midkiff extended his leadership well pointed her along with Senator Bob Dole as a beyond the assigned missions of the Corps of residents that their shared sacrifice, however co-chair of the Commission on Care for the Engineers by personally participating in re- painful in the short-run, would result in a finan- Returning Wounded Warriors. They evaluated gional events and promoting a strong partner- cially stronger Salinas. and made recommendations on how wounded ship between Army and civilian engineers. As Dave’s city manager skills have been honed service members can transition from active current president of the Society of American by his participation in the International City/ duty to civilian society while receiving the Military Engineers Kentuckiana Post, Colonel healthcare they deserve. County Management Association (ICMA) Midkiff hosted the 2007 Louisville District In addition to her various roles in education where he served as president and was in- Open House, attended by over 400 people, and Government, Dr. Shalala was also one of volved in a number of international initiatives, and the 2007 Kentuckiana Post Small Busi- the first Peace Corps volunteers, where she including work in Mexico, Brazil, Argentina, ness Workshop attended by over 200 small served in Iran from 1962 to 1964. and Chile. He currently serves on the ICMA businesses. Upon his arrival in the Louisville Her re´sume´ of accolades and accomplish- Retirement Corporation Board of Directors. District Colonel Midkiff initiated the district’s ments is commendable. I wish her continued Mora is also a member of the National Acad- annual small business workshop which was in- success and thank her for her many contribu- emy of Public Administration and has worked strumental in awarding $344 million under the tions to our great Nation. It is a great honor to on such issues as citizen engagement, social Small Business Program in FY07. call her my friend. equity, environmental management, and eco- Prior assignments also reflect Colonel f nomic development. Midkiff’s commitment to military readiness and Mora’s interest in these issues and his ca- willingness to share his considerable talents IN RECOGNITION OF DR. ANGELA reer in public service may have been shaped for the good of others. Colonel Midkiff has MARTIN by his experience in the Peace Corps whose served in a variety of troop and facility assign- motto is, ‘‘The toughest job you’ll ever love.’’ ments that had a tremendous impact on the HON. MIKE ROGERS Dave served in the Philippines from 1967 to support of the Army during peace and war. He OF ALABAMA 1970, after he graduated from California State began his military career overseas as an engi- IN THE HOUSE OF REPRESENTATIVES University Los Angeles. Following his Peace neer platoon leader in an atomic demolitions Corps service, Dave earned a master’s degree munitions company. He also served as an as- Friday, June 20, 2008 in public and international affairs at University sistant operations officer during his tour in Mr. ROGERS of Alabama. Madam Speaker, of Pittsburgh. Germany. He served as an engineer battalion I respectfully ask the attention of the House Madam Speaker, I know my colleagues in logistics officer, company commander, and fa- today to recognize to the work of Dr. Angela the House of Representatives join me in wish- cility engineer with the 326th Engineer Bat- Martin. ing Dave Mora happiness in his well-earned talion. During his time with the 326th Engineer

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.022 E20JNPT1 erowe on PRODPC61 with REMARKS June 20, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1305 Battalion he deployed with the battalion to all close the so-called Enron loophole by add- Regina’s loving and devoted husband, Saudi Arabia and was instrumental in pre- ing energy to the list of commodities that can- Ward, continues the extremely successful paring base camps necessary to support the not be traded on deregulated, exempt com- business empire they built together. His heart heavy inflow of soldiers and equipment into mercial markets. Additionally, this focused leg- is heavy with her loss but his spirit remains the region prior to the commencement of islation would close the Foreign Board of light and optimistic. His work is not over. Desert Storm. He was a project officer and the Trade (FBOT) loophole currently enabling un- Madam Speaker, I have known the Corrells deputy commander for the Ft. Worth District, regulated energy futures trading on American for all my adult life. I have witnessed innumer- U.S. Army Corps of Engineers. He was as- soil by forbidding an exchange from being able acts of kindness and generosity by these signed to the 1st Infantry Division, Fort Riley, deemed an unregulated foreign entity if its humble, caring and loving people. Never, Kansas, where he was the engineer group lo- trading affiliate or trading infrastructure is in though, have I heard them complain about gistics officer, 1st Engineer Battalion oper- the U.S., and it trades a U.S.-delivered energy their difficult course, the hard work, the huge ations officer, and executive officer. He also contract that significantly affects price dis- risks taken or their deep personal, family served as secretary to the general staff for the covery in the markets. If enacted into law, losses. Always forward looking, always faithful, 1st Infantry Division commander as well as the these two common-sense steps would go a always cheerful. installation’s director of public works. Colonel long way towards eliminating market manipu- Regina Correll was a graceful, quiet, deeply Midkiff commanded the Albuquerque District, lation and excessive speculation currently dis- faithful woman. She was a devoted wife, and where he was instrumental in working with torting today’s energy marketplace. mother; a God-fearing, God-loving Christian, State and local sponsors in the management I am especially pleased to be offering this who, no doubt, now basks in the glory of her of critical water resources and endangered timely legislation today with my colleagues Savior. habitat along the Rio Grande River from Colo- Representatives ROSA DELAURO, BETTY SUT- If ever anyone could be compared to the Bi- rado through New Mexico and into Texas. He TON, ROBERT WEXLER, ADAM SCHIFF, XAVIER ble’s Timothy as he described his life at its also provided outstanding support to our Air BECERRA, PETER WELCH, BRIAN HIGGINS, BILL conclusion, it is Regina Correll. He said: ‘‘I Force customers with design and construction DELAHUNT and RAUL GRIJALVA—and I look for- have fought the good fight. I have completed services at the three Air Force bases located ward to working with them and the rest of the the race. I have kept the faith.’’ 2 Timothy 4:7 in New Mexico. He again served our Nation House to address this important issue on be- And Regina Correll did. overseas as the chief of plans and operations half our constituents in very short order. for engineer activities in support of 8th Army f f in Korea. His leadership has truly been visionary. His TRIBUTE TO REGINA CORRELL SUPPLEMENTAL APPROPRIATIONS accomplishments will have lasting impacts on ACT, 2008 our Nation’s water resources and construction HON. HAROLD ROGERS support for military customers for years to OF KENTUCKY SPEECH OF come. IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY A good neighbor and valued steward of our Friday, June 20, 2008 OF NEW YORK defense assets and natural resources, I am Mr. ROGERS of Kentucky. Madam Speaker, IN THE HOUSE OF REPRESENTATIVES proud to honor Colonel Midkiff for his spirit of it is with great sadness that I rise to inform the Thursday, June 19, 2008 service, patriotism, and dedication to our Na- House of the passing of Regina Correll, a truly tion. On the occasion of his retirement, I know great lady, in my hometown of Somerset. Mrs. MALONEY of New York. Madam my colleagues will want to join me in extend- Regina and her husband of 56 years, Ward Speaker, today we are voting yet again on ing wishes of continued success and happi- Correll, started their marriage with meager be- legislation that will provide approximately $165 ness to Colonel Midkiff, his wife Tammy, and longings, but through hard work during their billion in funding for the wars in Iraq and Af- their daughter Rae. life together, were able to become the largest ghanistan. Unfortunately, the bill does not in- f philanthropic givers to the good and the needy clude the necessary language that I and many THE ENERGY MARKETS ANTI-MA- in their home county’s history. of my colleagues support to ensure that this NIPULATION AND INTEGRITY Caring for others has been the hallmark of war funding is not simply a blank check. I can- RESTORATION ACT the Corrells. Regina’s greatest love though, not vote for legislation to fund the administra- was for her seven children, 13 grandchildren tion’s wrongheaded policies in Iraq without HON. CHRIS VAN HOLLEN and two great-grandchildren, and she saw provisions that ensure that American troops them continue the culture of helping others. will be coming home by a date certain. OF MARYLAND Her and Ward’s other great love was for However, I will support the amendment that IN THE HOUSE OF REPRESENTATIVES their church, the First Baptist Church of Som- will provide critical funding for domestic prior- Friday, June 20, 2008 erset. They rarely missed attending Sunday ities. This amendment will expand veterans’ Mr. VAN HOLLEN. Madam Speaker, it is services in their 50-plus years of membership. education benefits and extend unemployment with a sense of urgency and purpose that I am It is astonishing to note that during the last insurance by 13 weeks for all States. Addition- introducing the Energy Markets Anti-Manipula- year of her life, in spite of a seriously disabling ally, this amendment will direct nearly $3 bil- tion and Integrity Restoration Act today. illness, she missed only two Sunday school lion to efforts to aid those who have been af- With high fuel prices squeezing our constitu- classes of the group she taught. The church fected by the devastating floods in the Mid- ents and burdening our economy, we in Con- has been a major receiver of their sacrifice. west. gress have a responsibility to act. While indi- The Corrells subscribe to what Mark Twain It is time for the President to listen to the vidual Members of Congress clearly disagree once wrote: ‘‘To get the full value of joy, you American people who want the war in Iraq to over whether we will ever really be able to drill must have people to divide it with.’’ end. our way out of this challenge—or whether next No one will ever know just how many under- generation alternatives and improved energy privileged people, young and old, have seen f efficiency offer the most promising way for- that joy with the Corrells and been helped ward, there is one principle on which we over a rough patch, and mostly without pub- FEDERAL EMPLOYEES PAID should all agree: Our energy markets should licity. And in addition to their church, there are PARENTAL LEAVE ACT OF 2008 serve the legitimate needs of energy con- the good institutions that promote hard work SPEECH OF sumers and producers—not enrich a narrow and caring for others they have helped in group of ‘‘hot money’’ speculators at the major ways—such as the Somerset Christian HON. JOHN LEWIS public’s expense. With hedge fund and institu- School and Victory Christian School, to which OF GEORGIA tional interest in commodities exploding nearly they gave millions of dollars. The Clear Creek IN THE HOUSE OF REPRESENTATIVES twenty-fold over the past 5 years, and the Baptist Institute, a ministers school, the Uni- Thursday, June 19, 2008 price of oil recently spiking over $11 in a sin- versity of the Cumberlands, Somerset Com- gle day, it is clear that today’s energy prices munity College, Bluegrass Council of Boy Mr. LEWIS of Georgia. Mr. Speaker, I rise reflect something more than the fundamental Scouts, Little League Baseball, and others too in strong support of H.R. 5781, the Federal laws of supply and demand. numerous to mention. They agreed with actor Employees Paid Parental Leave Act of 2008. The Energy Markets Anti-Manipulation and Leonard Nimoy who said: ‘‘the miracle is I am proud to be an original cosponsor of this Integrity Restoration Act would once and for this—the more we share, the more we have.’’ important legislation.

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.026 E20JNPT1 erowe on PRODPC61 with REMARKS E1306 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2008 People should not be punished for taking EMERGENCY EXTENDED UNEM- of a child. Strong parental involvement plays the time to care for new additions to their fam- PLOYMENT COMPENSATION ACT an important role in raising a happy, healthy, ilies. You must take time to take care of your OF 2008 and successful child. child, your family, and yourself. It makes you As the country’s largest employer with over SPEECH OF a better person, a better parent, and in the 1.8 million employees, the Federal Govern- ment should set the standard for family friend- long-term—a better employee. Pressure to HON. BOBBY L. RUSH ly workplace policies. jump back into work does nothing to ease OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES I am proud to support this common-sense mind, body, spirit, or financial pressures. legislation, which promotes the family values Thursday, June 12, 2008 Simply said, the current policy is detrimental that are at the core of our society while also to many, many American families. The Federal Mr. RUSH. Mr. Speaker, I rise in favor of setting an example for all employers across Employees Paid Parental Leave Act shows H.R. 5749, the Emergency Extended Unem- America to follow. Studies consistently show ployment Compensation Act of 2008. Mr. that the federal government actually cares that paid parental leave is a smart business Speaker as you know this bill provides up to about American families. practice. Not only does paid leave help to re- 13 weeks of extended unemployment benefits duce turnover, but it can also lead to in- Women who require leave to care for a new to those individuals and families struggling to creased productivity and better morale. child, new employees who have do not have find work. Simply put, offering 4 weeks of paid paren- saved days, and those who have used all their The relief this measure brings to the 3.9 mil- tal leave is the right thing to do—especially leave suffer under the existing policy. These lion Americans and the 221,000 residents of now, when the Federal Government is strug- hard-working Americans are forced to choose my State of Illinois is monumental and much gling to recruit and retain qualified, young indi- needed. When I look at my own congressional between spending more time with their chil- viduals. As the economic and industrial lead- district, I am saddened. I am saddened that ers of the world, the U.S. Government should dren and maintaining an income to support the plight of this economy is taking such a toll their family. Providing four weeks for paid pa- be the standard bearer on issues relating to on those who are out of work or just plain fairness and family. rental leave and allowing existing leave to be down on their luck. I urge the President to reconsider his mis- used to care for new babies eases the pres- The statistics are staggering and upsetting. guided veto threat, and work with Congress to sures on federal employees and their families. While the national unemployment rate stands give more American parents the tools they H.R. 5781 is just good, common sense pol- at 5.1 percent, the State of Illinois is suffering need to build healthier and stronger families. a 6.1 percent unemployment rate, and the icy, and, Mr. Speaker, we must act now. I Please vote in support of H.R. 5781. Chicagoland area is suffering a 5.8 percent urge all of my colleagues to vote ‘‘yes’’ on f rate of unemployment. Moreover, minorities H.R. 5781. are disproportionately suffering in this time of PAYING TRIBUTE TO JAMES BAR- rising job loss. Nationally, African Americans RETT, PRESIDENT AND CEO OF f account for 8.8 percent of the unemployed; THE MICHIGAN CHAMBER OF while the rate in the State of Illinois is 10.3 COMMERCE FEDERAL EMPLOYEES PAID percent, and specifically in Chicago a rate of PARENTAL LEAVE ACT OF 2008 10.6 percent. HON. MIKE ROGERS Hard working families and people struggling OF MICHIGAN to make ends meet are calling on us to make SPEECH OF IN THE HOUSE OF REPRESENTATIVES them the priority. With the price of gas and HON. CHARLES B. RANGEL food climbing exponentially, rising home fore- Friday, June 20, 2008 closures, and businesses reducing their em- Mr. ROGERS of Michigan. Madam Speaker, OF NEW YORK ployment rolls—we in Congress have a re- I rise to honor the accomplishments of James IN THE HOUSE OF REPRESENTATIVES sponsibility to ensure the well being of our citi- Barrett, who is retiring after more than thirty zens. years of service as the President and CEO of Thursday, June 19, 2008 The families of the First Congressional Dis- the Michigan Chamber of Commerce, an orga- trict, the State of Illinois and indeed the Na- Mr. RANGEL. Mr. Speaker, I rise today to nization which has had an influential role in tion, cannot wait on the Bush administration express my support of the Federal Employees many important social, economic and political for help any longer. Chicago is suffering, Mr. issues in the state of Michigan. Paid Parental Leave Act, introduced by Con- Speaker, Illinois is hurting, America is in need Jim Barrett is well known and highly re- gresswoman CAROLYN B. MALONEY. of drastic relief of the Bush economic policies garded in Michigan where he has been a lead- The bill H.R. 5781 provides Federal employ- and we cannot afford to let these continue on er in advancing Michigan business in a distin- ees with 4 weeks of paid parental leave for our watch. guished career that spanned four decades. the birth or adoption of a child. The introduc- We Democrats have worked tirelessly this In addition to his work with the Michigan Congress to push issues and effect positive tion of this important bill is crucial to Federal Chamber of Commerce, Jim is also the Presi- change in the economic lives of not only my dent of Michigan Chamber Services, Inc. Dur- workforce and American families. Paid paren- constituents but the entire country. We have tal leave will create the opportunity for many ing his time there, Jim has worked diligently continually been met with resistance by our for the benefit of the Michigan business com- employees to become new parents while friends from the other side of the aisle. munity by providing educational seminars, keeping the balance between work and fami- Mr. Speaker, I support the immediate exten- publications and many other services to help lies. Many of those who oppose this critical bill sion of unemployment benefits and strongly businesses grow and thrive. deny not only the chance for happy family liv- urge my colleagues to support passage of Jim also has done extensive work for Michi- ing, but also productivity and effectiveness of H.R. 5749. gan’s youth as President of the Michigan the Federal workforce system. Paid Parental f Chamber Foundation, which is involved in im- Leave Act does not increase the deficit of the FEDERAL EMPLOYEES PAID proving the level of education our children re- budget; it will be paid for through discretionary PARENTAL LEAVE ACT OF 2008 ceive as well as the leadership training so im- spending, without hurting the economy or tax- portant to their future. payers. SPEECH OF Jim’s hard work and dedication was recog- nized many times over by his colleagues. In many countries all over the world, the HON. JOE BACA Most notably in, 2002 he became an initial in- OF CALIFORNIA paid parental Leave is introduced and sup- ductee into the Michigan Society of Associa- IN THE HOUSE OF REPRESENTATIVES ported by the government. The U.S. Federal tion Executives Hall of Fame. Additionally, in Government should be an example of the fam- Thursday, June 19, 2008 2003 the Michigan Political History Society se- ily-friendly workplace policies. Members of Mr. BACA. Mr. Speaker, I rise today in sup- lected Jim as the top Association Leader in Congress must understand how crucial the port of H.R. 5781, the Federal Employees Michigan over the last 50 years. Federal Employees Paid Parental Leave Act is Paid Parental Leave Act. Madam Speaker, I ask my colleagues to join and must strongly support its enactment. The legislation gives Federal employees 4 me in honoring James Barrett for being a weeks of paid leave for the birth or adoption model for all citizens, and for his dedication

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.030 E20JNPT1 erowe on PRODPC61 with REMARKS June 20, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1307 and commitment as a leader in his state. He More than just communication, Colonel workers in States like Michigan an additional is truly deserving of our respect and admira- Lauritzen continues to facilitate progress, even 13 weeks of benefits, which received very tion. when progress is difficult. He worked directly strong bipartisan support in the House just last f with Fairfax and Prince William Counties, the week, is not included in this supplemental ap- Virginia Department of Transportation, and the propriations bill. TRIBUTE TO COLONEL BRIAN W. Army Corps of Engineers to address some of The unemployment benefits provision in this LAURITZEN the many transportation challenges facing the supplemental provides just 13 additional region. Especially noteworthy is his personal weeks for every State. It does not provide any HON. TOM DAVIS involvement to secure an agreement to com- extra help for States that need it the most. OF VIRGINIA plete the extension of the Fairfax County Park- States like Michigan where the unemployed IN THE HOUSE OF REPRESENTATIVES way, a vital connection across the Fort’s Engi- are having great difficulty finding work be- Friday, June 20, 2008 neer Proving Ground, something that had fes- cause there are so few jobs to be had. Work- tered unresolved for more than 10 years. ers have little opportunity to move to other Mr. DAVIS of Virginia. Madam Speaker, I Inside the perimeter of his base, Colonel areas to find work because they can’t sell their rise today to recognize COL Brian W. Lauritzen has steadfastly insisted that our Na- homes, and they are having difficulty driving Lauritzen, the Installation Commander at Fort tion’s Soldiers and their families deserve the far distances to try and find a new job be- Belvoir, Virginia. As a Member of Congress highest quality of life. Fort Belvoir has one of cause of the high cost of gas. Michigan, with who represents Fort Belvoir, I know firsthand the Army’s most successful Residential Com- the worst unemployment rate in the Nation, that Colonel Lauritzen has served with great munity Initiative programs that has revitalized needs extra help. This supplemental does not competence, tireless determination and con- the approach to military housing and neighbor- provide it. stant communication with the community dur- hood centers, creating first-class communities I will be supporting both sections of the sup- ing a time of great transition for his installa- for those who serve our Nation in uniform. plemental. It provides equipment and pay for tion. On a more personal note, Colonel Lauritzen our troops in harm’s way and educational ben- Colonel Lauritzen took command of Fort and his staff have eagerly addressed ques- efits for them when they return home. And the Belvoir, one of our Nation’s largest and most tions or constituent concerns that my office level of aid to the unemployed all across the diverse military installations, in July 2005 with has brought to their attention. Regardless of country is a good start. However, I am dis- major challenges awaiting him and even more how complicated or involved these requests appointed we have not provided the much on the horizon. Fort Belvoir was already en- may have been, I have always found his door needed extra assistance to those who need it gaged in master planning for redevelopment to to be open to discuss the issues and, more most. We must continue to work to help the expand the number of Department of Defense often than not, find compromise to difficult sit- chronically unemployed to get that additional tenants and stretch the functions of the al- uations. safety net that will help support countless fam- ready busy installation. Then, just a few Madam Speaker, at Fort Belvoir’s Change ilies in Michigan. months into his tenure, the 2005 Base Re- of Command Ceremony on Tuesday, July 2, f alignment and Closure (BRAC) Commission’s Colonel Lauritzen—West Point graduate, Sol- final recommendations doubled the size of dier, and extraordinary officer—will retire from RECOGNIZING THE HONORABLE Fort Belvoir’s incoming workforce by 2011. the Army and enter a new chapter in his life. ANDREW L. JEFFERSON, JR. The BRAC changes at Fort Belvoir, among I have truly enjoyed working with him, and the most substantial of BRAC 2005’s man- wish him all the best as he pursues new en- HON. AL GREEN dates, will transform the installation into. the deavors. He has truly served Fort Belvoir, Vir- OF TEXAS major support center for the Nation’s most ginia, and our Nation with the highest stand- IN THE HOUSE OF REPRESENTATIVES senior military leadership. Ensuring a success- ards of leadership expected from the very best Friday, June 20, 2008 ful transition has brought with it the great chal- of our military commanders. lenges of working with both the Department of f Mr. AL GREEN of Texas. Madam Speaker, Defense and the local community. These chal- it is my privilege to recognize a distinguished lenges include timely and transparent plan- SUPPLEMENTAL APPROPRIATIONS academic, activist, and advocate, my friend, ning, assessing the environmental and societal ACT, 2008 the Honorable Andrew L. Jefferson, Jr. The impacts of absorbing more than 19,000 new passage of H. Res. 31, which recognizes the employees, managing the transportation infra- SPEECH OF Honorable Andrew L. Jefferson on the occa- structure in an area already burdened by traf- HON. CANDICE S. MILLER sion of the establishment of The Andrew L. fic, and ensuring that all of Fort Belvoir’s de- OF MICHIGAN Jefferson Endowment for Trial Advocacy at fense tenants can still perform their vital na- IN THE HOUSE OF REPRESENTATIVES Texas Southern University’s Thurgood Mar- tional security missions. shall School of Law, is a fitting tribute to a Colonel Lauritzen has ably met these Thursday, June 19, 2008 man whose life exemplifies excellence and in- daunting challenges with the superb attitude Mrs. MILLER of Michigan. Mr. Speaker, the tegrity. that, in order to be successful, Fort Belvoir Michigan Department of Labor and Economic The Honorable Andrew L. Jefferson, a na- must continue to be receptive and responsive Growth yesterday shocked Michigan when it tive of Dallas, Texas, graduated from the Uni- to the concerns of all of the surrounding com- released its unemployment figures. Michigan’s versity of Texas School of Law in 1959 after munities. His early promise to the community unemployment rate has risen from 6.9 percent earning his Bachelor’s degree from Texas that there would be ‘‘no daylight between us’’ in April to 8.5 percent in May. This is the high- Southern University, was president of Alpha has held true. Colonel Lauritzen established est rate in our State since October of 1992. Phi Alpha fraternity, and became a partner the BRAC Board of Advisors, a first-in-the-na- Regrettably, we are now one month away with the law firm of Washington and Jefferson tion group bringing together members of the from recording our eighth straight year of pay- in Houston, Texas. Army, incoming agencies, and the region’s roll job losses. He served as an assistant criminal district elected officials and local civic activists to It is in this context that my constituents are attorney for Bexar Country, a chief assistant identify development issues and keep open hearing the news that Congress is debating United States Attorney for the Western District the lines of communication. providing additional unemployment benefits of Texas, and a trial counsel and labor rela- I have always found Colonel Lauritzen to be which are desperately needed by too many tions counsel for Humble Oil and Refining the consummate consensus builder. He per- working families in my State. Last week this Company. In 1970, Judge Jefferson was ap- sonally has made more than 150 appearances House passed H.R. 5749, the Emergency Ex- pointed to preside over the Court of Domestic and presentations before community groups to tended Unemployment Compensation Act, Relations number 2 for Harris County. In keep them apprised of the BRAC expansion, with nearly 2⁄3 of the Members of the House 1974, he was elected to Judge of the 208th Fort Belvoir’s other missions, and their impact voting in favor. This bill would provide an addi- District Court. on the community. Similarly, he built strong tional 13 weeks of unemployment benefits to In 1975, he decided to re-enter the active communication coalitions with and between unemployed workers in every State. Unem- practice of law and was admitted to the United the major commands headquartered at Fort ployed workers in States with exceptionally States Court of Appeals for Fifth, Sixth and Belvoir in support of their people and their high unemployment rates, like Michigan, would Eleventh Circuits, and the Supreme Court of global missions through the Installation Senior receive an additional 13 weeks of benefits be- the United States of America. A long time ac- Leadership Council. yond that. Unfortunately, the provision granting tive committee member of the State bar,

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.034 E20JNPT1 erowe on PRODPC61 with REMARKS E1308 CONGRESSIONAL RECORD — Extensions of Remarks June 20, 2008 Judge Andrew L. Jefferson is a fellow of the HONORING THE WEST GENESEE want to know what Congress is doing to sup- Texas Bar Foundation, a member of American GIRLS LACROSSE TEAM port them during the current recession. Almost Bar Foundation, the Texas Trial Lawyer’s As- every month, unemployment is on the rise sociation, Texas Constitutional Revision Com- HON. JAMES T. WALSH while higher gas and food prices are making mission. OF NEW YORK it even harder for Americans to make ends A former chairman of the board of the Hous- IN THE HOUSE OF REPRESENTATIVES meet. Our duty is simple—we must show the ton Branch of the Federal Reserve Bank and Friday, June 20, 2008 American people that we hear them, that we of the Texas Southern University Foundation, understand them, and that we will act. he is a life member of the Houston Area Mr. WALSH of New York. Madam Speaker, We are a great nation, but we cannot con- Urban League and the National Association I rise today to congratulate the West Genesee tinue to be great unless we honor our commit- for the Advancement of Colored People. A High School Girls Lacrosse Team on their ment to everyone in need. In times like these, learned legal scholar and committed public Class A New York State Championship vic- we must use every tool at our disposal to help servant, Andrew L. Jefferson has devoted a tory. West Genesee defeated Farmingdale by those who want and need to work. Unem- life-time working to strengthen and uphold the a score of 13–12. ployed workers cannot wait. They rightfully ex- The Wildcats played an impressive game laws of this great country. pect Congress’s full support in their fight to returning from a 10–12 deficit to take home I commend my colleague Congresswoman become gainfully reemployed. SHEILA JACKSON-LEE for introducing this reso- another state title. This talented team has I urge my colleagues to support extending lution which honors an outstanding Texan and claimed victory in their last 48 straight games unemployment benefits now. It’s the right thing American. and was the only lacrosse team in all of New to do for Americans, and it’s the right thing to York State to post a perfect undefeated sea- f do for our economy. son. MEMORIAL TRIBUTE FOR MAJOR On behalf of the people of New York’s 25th f MEGAN MCCLUNG, USMC Congressional District, I congratulate these HONORING HABORVIEW MEDICAL young ladies on their outstanding athletic CENTER HON. KAY GRANGER achievement and praise Athletic Director An- OF TEXAS thony Pascale, Head Coach Bob Elmer and HON. DAVID G. REICHERT IN THE HOUSE OF REPRESENTATIVES Assistant Coach Dan Hallinan on their team’s OF WASHINGTON Friday, June 20, 2008 success. I look forward to another exciting season of lacrosse and congratulate the Lady IN THE HOUSE OF REPRESENTATIVES Ms. GRANGER. Madam Speaker, I rise Wildcats: Davey Gallagher, Laura Lucchesi, Friday, June 20, 2008 today to honor Marine MAJ Megan McClung Jeri Burke, Kellyn Savage, Lauren Corso, who was killed in Ramadi, Iraq on December Mr. REICHERT. Madam Speaker, I am Kiersten Tupper, Maddie Farchione, Lindsay 6, 2006. proud to recognize Harborview Medical Cen- Vona, Amanda Cizenski, Bre Hudgins, Nicole Major Megan Malia McClung graduated ter, a premiere hospital in the Pacific North- Perkins, Amanda Corso, Maria DiFato, Emily from the United States Naval Academy and west, for receiving the 2007 Foster G. McGaw Rozwood, Steph Dattellas, Ariel Kramer, was commissioned a second lieutenant in May Prize for Excellence in Community Service Carley Motondo, Lauren Welch, Lauren 1995. She later completed her masters in from the American Hospital Association (AHA). Bianchi, Morgan Corso, Sarah Brown, Karlyn Criminal Justice through Boston University. Every year, the AHA presents this prestigious Tupper, Carly Graham, Nikki Greco, Jenny Throughout her career, she was stationed at award to a U.S. health care organization that Perkins, and Kelly Fucillo. various posts. While at Camp Pendleton, she displays a strong commitment to the health served as the Public Affairs and Media Officer. f and well-being of its community. She later served at Marine Corps Recruit EMERGENCY EXTENDED UNEM- Harborview was chosen as the recipient of Depot Parris Island as the Academics and PLOYMENT COMPENSATION ACT this year’s award because of its outstanding Scheduling Officer, Marine Corps Air Station OF 2008 record of providing services to the surrounding Cherry Point as the Public Affairs Officer, and community. The medical center has made finally at Camp Lejeune, where she served as SPEECH OF great strides in handling major public health the East Coast Regional Representative for concerns including mental illness, homeless- HON. JOHN LEWIS ness, cultural and linguistic barriers to health the Marine For Life program. OF GEORGIA Always dedicated to the mission in Iraq, care, childhood safety, and chronic illness. IN THE HOUSE OF REPRESENTATIVES Major McClung took a civilian position in pub- Harborview is our region’s Level I trauma cen- lic relations in Baghdad, Iraq in 2004. While Thursday, June 12, 2008 ter, and continues to provide exceptional there, she handled public relations preparation Mr. LEWIS of Georgia. Madam Speaker, I emergency care for people across the North- for Congressional hearings and escorted rise in strong support of including the exten- west. media throughout the theater. In 2006, she de- sion of unemployment benefits in the emer- Harborview is a deserving recipient of rec- ployed with I Marine Expeditionary Force for gency supplemental bill that the House is con- ognition for its outstanding commitment to one year in Al Anbar Province. While there, sidering today. public health and quality care. I offer my sin- she worked as the Public Affairs Plans Officer First, I would like to express my deep grati- cere congratulations to Harborview Medical at Camp Fallujah and later volunteered for tude to Chairman MCDERMOTT, Ranking Mem- Center for receiving this honor and their con- duty with the Army’s 1st Brigade, 1st Armored ber WELLER, and the Income Security and tinued dedication to Washington State. Division, operating in Ramadi. Family Support Subcommittee for all their hard f Major McClung, the first female Marine offi- work on this important piece of legislation. I cer killed in the war, was a polished profes- am proud to be a Member of the Sub- HONORING ELIZABETH A. ZEPF sional who received numerous accolades for committee and to have cosponsored the legis- her ability to communicate complex thoughts lation that provided the framework for this HON. MARCY KAPTUR and issues to various and diverse audiences compromise. I also thank Chairman RANGEL OF OHIO across the globe. She volunteered to serve and Ranking Member MCCRERY for their lead- IN THE HOUSE OF REPRESENTATIVES ership and support in negotiating a com- and sought to be where she could make a dif- Friday, June 20, 2008 ference. Of her service in Iraq, she told her promise. friends, ‘‘Before we leave here we will make Al It is essential that congressional leaders Ms. KAPTUR. Madam Speaker, Elizabeth A. Anbar a safer place.’’ She accomplished her were finally able to come together and find a Zepf, a Toledo treasure to her family, friends mission. way to help hard-working Americans. The and community, departed this life on Friday In her passing, Major McClung has done need for this legislation is critical. It is a first June 6, 2008. Elizabeth was born July 6, what she did in life—bring people together to step of hopefully many to jumpstart our econ- 1903, in Cincinnati, Ohio, to Matthew and Eliz- create a better understanding. omy. Today there are 200,000 more long- abeth McCarty. Elizabeth, a consummate and I wish to extend my condolences to Major term, jobless Americans than the last emer- indefatigable social activist throughout her life, Megan McClung’s family and hope that they gency unemployment assistance extension in was engaged in community and religious af- continue to find solace in Major McClung’s 2002. fairs. Her broad range of interests spanned lasting impact on both her country and her My constituents call and email and write the the horizon—higher education, leadership de- Corps. same question over and over again. They velopment, the advancement of women, the

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JN8.037 E20JNPT1 erowe on PRODPC61 with REMARKS June 20, 2008 CONGRESSIONAL RECORD — Extensions of Remarks E1309 advancement of religious efforts, music, and ber of St. Vincent Medical Center Advisory community’’. Additionally, a clinic, in San Sal- health care. In fact, she championed the Board for 11 years, established the Women’s vador, for homeless mothers and children, cause of mental health. With her husband, Ar- Cancer Education Council and was a past was named the Elizabeth Zepf Madonna Shel- thur, she led the effort to create the Zepf president of the board of trustees of Toledo ter. In 1974, the Elizabeth Zepf Community Community Mental Health Center in Toledo to Mental Hygiene Clinic. Elizabeth was one of Mental Health Center was opened by the more effectively serve this population. She the founding members of the Toledo Opera Lucas County Mental Health Board. In Sep- positively influenced the lives of all who met Guild and chairman of the Sapphire Ball in tember 1988, the Satellites of the Medical Col- her. A committed Roman Catholic, she was 1965. lege of Ohio honored her as one of the devoted to her husband, Art, and her family President John F. Kennedy recognized her ‘‘Treasures of Toledo.’’ She was an honorary but made the time to advance the broader gifts when he named her to the board of direc- member for 5 years of Family Child Abuse human family through her many church-related tors of the American Freedom from Hunger organizations, locally and nationally. She held Foundation, serving as its vice president. More Prevention Center. She was a life long mem- the office of president in the Blessed Sac- so, she served as vice chairman of the board ber of Our Lady of Perpetual Help Church as rament Altar Society, the Toledo Diocesan of the Lucas County Mental Health from 1963 well as the Maumee River Yacht Club and the Council Catholic Women, and then was elect- and is now an Honorary Life member. She Toledo Club. She is the widow of Arthur L. ed nationally to serve as its president of the has served on the board of the March of Zepf and is survived by her son, Arthur Zepf National Council Catholic Women 1960–1962. Dimes. Jr. and grandsons, Kurt, Reilly and Arthur. Our Her community involvement included: Serving For her dedication improving the quality of entire community celebrates her life, her ever 13 years on the board of trustees for the Uni- life of her community, in 1960 she received present smile and all her good deeds that versity of Toledo with 7 of those as Vice- the Distinguished Citizenship Award from the flowed from her productive and generous spir- Chairman of the Board. She remained a mem- Toledo Blade ‘‘for outstanding service to her it.

VerDate Aug 31 2005 04:05 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K20JN8.003 E20JNPT1 erowe on PRODPC61 with REMARKS Friday, June 20, 2008 Daily Digest Senate from the requirement of preparing an annual public Chamber Action housing agency plan. Pages S5921–22 Routine Proceedings, pages S5921–S5947 Kohl Amendment No. 4988 (to Amendment No. Measures Introduced: Three bills and one resolu- 4983), to protect the property and security of home- tion were introduced, as follows: S. 3173–3175, and owners who are subject to foreclosure proceedings. S. Res. 597. Page S5941 Page S5922 Measures Passed: A motion was entered to close further debate on the motion to concur in the amendment of the Members’ Congressional Papers: Senate agreed to House, striking section 1 and all that follows H. Con. Res. 307, expressing the sense of Congress through the end of Title V, and inserting certain that Members’ Congressional papers should be prop- language, to the amendment of the Senate to the erly maintained and encouraging Members to take bill, with Reid (for Dodd/Shelby) Amendment No. all necessary measures to manage and preserve these 4983 (listed above) and, in accordance with the pro- papers. Page S5947 visions of Rule XXII of the Standing Rules of the Authorizing the Use of the Capitol Grounds: Senate, and pursuant to the unanimous-consent Committee on Rules and Administration was dis- agreement of June 20, 2008, a vote on cloture will charged from further consideration of H. Con. Res. occur one hour after the use of any Leader on Tues- 335, authorizing the use of the Capitol Grounds for day, June 24, 2008. Page S5922 a celebration of the 100th anniversary of Alpha A unanimous-consent agreement was reached pro- Kappa Alpha Sorority, Incorporated, and the resolu- viding for further consideration of the motion to tion was then agreed to. Page S5947 concur in the amendments of the House of Rep- Measures Considered: resentatives to the amendment of the Senate to the Foreclosure Prevention Act: Senate continued con- bill at approximately 3 p.m., on Monday, June 23, sideration of the motion to concur in the amend- 2008. Page S5947 ments of the House of Representatives to the amend- Appointments: ment of the Senate to H.R. 3221, to provide needed Commission on Wartime Contracting: The Chair, housing reform, taking action on the following on behalf of the Vice President, pursuant to Public amendments proposed thereto: Pages S5921–28 Law 110–181, and in consultation with the Chair- Pending: men of the Committee on Armed Services, the Com- Reid (for Dodd/Shelby) Amendment No. 4983 (to mittee on Homeland Security and Governmental Af- the House Amendment striking section 1 through Title V and inserting certain language to the Senate fairs, and the Committee on Foreign Relations, ap- amendment to the bill), of a perfecting nature. pointed the following individuals to be members of the Commission on Wartime Contracting in Iraq Page S5921 Bond Amendment No. 4987 (to Amendment No. and Afghanistan: Linda J. Gustitus, of the District 4983), to enhance mortgage loan disclosure require- of Columbia, and Charles Tiefer, of Maryland. ments with additional safeguards for adjustable rate Page S5947 mortgages with an initial fixed rate and loans that FISA Amendments Act—Agreement: A unani- contain prepayment penalty. Page S5921 mous-consent agreement was reached providing that Dole Amendment No. 4984 (to Amendment No. when H.R. 6304, to amend the Foreign Intelligence 4983), to improve the regulation of appraisal stand- Surveillance Act of 1978 to establish a procedure for ards. Page S5921 authorizing certain acquisitions of foreign intel- Sununu Amendment No. 4999 (to Amendment ligence, is received from the House of Representa- No. 4983), to amend the United States Housing Act tives, that it be placed on the Senate calendar. of 1937 to exempt qualified public housing agencies Page S5947 D781

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Messages from the House: Page S5940 June 23, 2008. (For Senate’s program, see the re- Measures Referred: Page S5940 marks of the Majority Leader in today’s Record on page S5947.) Measures Placed on the Calendar: Pages S5940–41 Additional Cosponsors: Page S5941 Committee Meetings Statements on Introduced Bills/Resolutions: Pages S5941–42 (Committees not listed did not meet) Additional Statements: Pages S5939–40 NOMINATION Amendments Submitted: Pages S5942–47 Committee on Homeland Security and Governmental Af- Notices of Hearings/Meetings: Page S5947 fairs: Committee concluded a hearing to examine the nomination of Elaine C. Duke, of Virginia, to be Authorities for Committees to Meet: Page S5947 Under Secretary for Management, Department of Adjournment: Senate convened at 9:30 a.m. and Homeland Security, after the nominee testified and adjourned at 12:49 p.m., until 3 p.m. on Monday, answered questions in her own behalf. h House of Representatives child abuse and neglect in residential programs, by Chamber Action a recorded vote of 223 ayes to 185 noes, Roll No. Public Bills and Resolutions Introduced: 16 pub- 436, after agreeing to order the previous question by lic bills, H.R. 6327–6342; 1 private bill, H.R. a yea-and-nay vote of 220 yeas to 179 nays, Roll 6343; and 5 resolutions, H. Con. Res. 375; and H. No. 435. Pages H5734–39, H5742–43 Res. 1290–1293 were introduced. Pages H5796–97 Amending the Foreign Intelligence Surveillance Additional Cosponsors: Pages H5797–98 Act of 1978 to establish a procedure for author- Reports Filed: Reports were filed today as follows: izing certain acquisitions of foreign intelligence: H.R. 4044, to amend the Bankruptcy Abuse Pre- The House passed H.R. 6304, to amend the Foreign vention and Consumer Protection Act of 2005 to ex- Intelligence Surveillance Act of 1978 to establish a empt from the means test in bankruptcy cases, for procedure for authorizing certain acquisitions of for- a limited period, qualifying reserve-component eign intelligence, by a yea-and-nay vote of 293 yeas members who, after September 11, 2001, are called to 129 nays, Roll No. 437. Pages H5743–74 to active duty or to perform a homeland defense ac- H. Res. 1285, the rule providing for consideration tivity for not less than 60 days, with an amendment of the bill, was agreed to by voice vote, after agree- (H. Rept. 110–726). ing to order the previous question. Pages H5739–41 H.R. 6052, to amend the Internal Revenue Code of 1986 to provide individuals temporary relief from Meeting Hour: Agreed that when the House ad- the alternative minimum tax, and for other purposes journs today, it adjourn to meet at 12:30 p.m. on (H. Rept. 110–727, Pt. I). Monday, June 23rd. Page H5776 H.R. 6275, to promote increased public transpor- Calendar Wednesday: Agreed to dispense with the tation use, to promote increased use of alternative Calendar Wednesday business of Wednesday, June fuels in providing public transportation, and for 25th. Page H5776 other purposes, with an amendment (H. Rept. Commission on Wartime Contracting—Appoint- 110–728). Page H5795 ment: The Chair announced a joint appointment by Journal: The House agreed to the Speaker’s approval the Speaker and the Majority Leader of the Senate of the Journal by a yea-and-nay vote of 230 yeas to and an appointment by the Speaker on the Part of 168 nays, Roll No. 434. Pages H5733, H5741–42 the House to the Commission on Wartime Con- Stop Child Abuse in Residential Programs for tracting: Joint Appointment: Mr. Michael J. Teens Act of 2008—Rule for Consideration: The Thibault of Reston, Virginia, Co-Chairman; Speak- House agreed to H. Res. 1276, the rule providing er’s Appointment: Mr. Clark Kent Ervin of Wash- for consideration of H.R. 5876, to require certain ington, District of Columbia. Page H5777 standards and enforcement provisions to prevent

VerDate Aug 31 2005 04:04 Jun 21, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JN8.REC D20JNPT1 erowe on PRODPC61 with DIGEST June 20, 2008 CONGRESSIONAL RECORD — DAILY DIGEST D783 Senate Message: Message received from the Senate NEW PUBLIC LAWS today appears on page H5734. (For last listing of Public Laws, see DAILY DIGEST, p. D779) Senate Referrals: S. Con. Res. 91 was referred to S. 2420, to encourage the donation of excess food the Committee on Armed Services, S. 2607 was re- to nonprofit organizations that provide assistance to ferred to the Committee on Energy and Commerce, food-insecure people in the United States in con- and S. 2159 was held at the desk. Page H5794 tracts entered into by executive agencies for the pro- Quorum Calls—Votes: Three yea-and-nay votes vision, service, or sale of food. Signed on June 20, and one recorded vote developed during the pro- 2008. (Public Law 110–247) ceedings of today and appear on pages H5741–42, H5742, H5742–43, and H5774. There were no f quorum calls. CONGRESSIONAL PROGRAM AHEAD Adjournment: The House met at 9 a.m. and ad- Week of June 23 through June 28, 2008 journed at 3:45 p.m. Senate Chamber Committee Meetings On Monday, 3:00 p.m., Senate will resume consid- eration of the motion to concur in the amendment TRANSPORTATION, HUD, AND RELATED of the House of Representatives to the amendment AGENCIES APPROPRIATIONS FISCAL YEAR of the Senate to H.R. 3221, Foreclosure Prevention 2009 Act. Committee on Appropriations: Subcommittee on Trans- On Tuesday, Senate will vote on the motion to in- portation, Housing and Urban Development, and voke cloture on the motion to concur in the amend- Related Agencies approved for full Committee action ment of the House of Representatives striking sec- the Transportation, Housing and Urban Develop- tion 1 and all that follows through the end of Title ment, and Related Agencies Appropriations for Fis- V, and inserting certain language, to the amendment cal Year 2009. of the Senate to H.R. 3221, Foreclosure Prevention Act, with Reid (for Dodd/Shelby) Amendment No. FRANK MELVILLE SUPPORTIVE HOUSING 4983. INVESTMENT ACT OF 2008 During the balance of the week, Senate may con- Committee on Financial Services: Subcommittee on sider any cleared legislative and executive business. Housing and Community Opportunity held a hear- Senate Committees ing on H.R. 5772, Frank Melville Supportive Hous- ing Investment Act of 2008. Testimony was heard (Committee meetings are open unless otherwise indicated) from Mark Shelburne, Housing Finance Agency, Committee on Appropriations: June 25, Subcommittee on State of North Carolina; and public witnesses. Energy and Water Development, business meeting to mark up proposed budget estimates for fiscal year 2009 WHITE HOUSE PRESS SECRETARY for the Energy Information Administration, focusing on REVELATIONS forecasts for oil and gasoline prices, 11 a.m., SD–192. Committee on Armed Services: June 26, to hold hearings Committee on the Judiciary: Held a hearing on revela- to examine the nominations of Nelson M. Ford, of Vir- tions by former White House Press Secretary Scott ginia, to be Under Secretary of the Army, Joseph A. McClellan. Testimony was heard from Scott McClel- Benkert, of Virginia, to be an Assistant Secretary, Sean lan. Joseph Stackley, of Virginia, to be an Assistant Secretary of the Navy, and Frederick S. Celec, of Virginia, to be MISCELLANEOUS MEASURES Assistant to the Secretary for Nuclear and Chemical and Committee on Oversight and Government Reform: Ordered Biological Defense Programs, all of the Department of reported the following measures: Defense, 9:30 a.m., SD–106. H. Con. Res. 365, Honoring the life of Robert Committee on Commerce, Science, and Transportation: June Mondavi; H. Res. 970, Expressing support for des- 24, to hold hearings to examine climate change impacts on the transportation sector, 10:30 a.m., SR–253. ignation of June 30 as ‘‘National Corvette;’’ and H. June 24, Full Committee, business meeting to consider Res. 1283, Expressing heartfelt sympathy for the S. 2907, to establish uniform administrative and enforce- victims and their families following the tornado that ment procedures and penalties for the enforcement of the hit Little Sioux, Iowa, on June 11, 2008. High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, an original bill entitled, ‘‘The Na- tional Aeronautics and Space Administration Authoriza- Joint Meetings tion Act of 2008’’, an original bill entitled, ‘‘The Na- No joint committee meetings were held. tional Sea Grant College Program Amendments Act of

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2008’’, and promotion lists in the National Oceanic and speculation in commodity markets, focusing on legislative Atmospheric Administration and the United States Coast options, 10:30 a.m., SD–342. Guard, 2:30 p.m., SR–253. June 25, Full Committee, business meeting to consider June 26, Subcommittee on Aviation Operations, Safety, S. 2583, to amend the Improper Payments Information and Security, to hold hearings to examine the outlook for Act of 2002 (31 U.S.C. 3321 note) in order to prevent summer air travel, focusing on addressing congestion and the loss of billions in taxpayer dollars, S. 1924, to amend delay, 10 a.m., SR–253. chapter 81 of title 5, United States Code, to create a pre- Committee on Energy and Natural Resources: June 25, to sumption that a disability or death of a Federal employee hold hearings to examine the increased global energy de- in fire protection activities caused by any of certain dis- mand, focusing on the challenges for meeting future en- eases is the result of the performance of such employee’s ergy needs, while developing new technologies to address duty, H.R. 5683, to make certain reforms with respect the current and future global climate change, 9:30 a.m., to the Government Accountability Office, S. 3013, to SD–366. provide for retirement equity for Federal employees in Committee on Environment and Public Works: June 25, to nonforeign areas outside the 48 contiguous States and the hold hearings to examine the future federal role for sur- District of Columbia, S. 2382, to require the Adminis- face transportation, 10 a.m., SD–406. trator of the Federal Emergency Management Agency to Committee on Finance: June 24, to hold an oversight quickly and fairly address the abundance of surplus man- hearing to examine trade functions, focusing on customs ufactured housing units stored by the Federal Govern- and other trade agencies, 10 a.m., SD–215. ment around the country at taxpayer expense, S. 2148, to June 26, Full Committee, to hold hearings to examine provide for greater diversity within, and to improve pol- the foundation of international tax reform, focusing on icy direction and oversight of, the Senior Executive Serv- worldwide, territorial, and other related issues, 10 a.m., ice, S. 2816, to provide for the appointment of the Chief SD–215. Human Capital Officer of the Department of Homeland Committee on Foreign Relations: June 24, business meet- Security by the Secretary of Homeland Security, S. 3015, ing to consider H.R. 176, to authorize the establishment to designate the facility of the United States Postal Serv- of educational exchange and development programs for ice located at 18 S. G Street, Lakeview, Oregon, as the member countries of the Caribbean Community ‘‘Dr. Bernard Daly Post Office Building’’, H.R. 5395 and (CARICOM), H.R. 2553, to amend the State Department S. 2622, bills to designate the facility of the United Basic Authorities Act of 1956 to provide for the estab- States Postal Service located at 11001 Dunklin Drive in lishment and maintenance of existing libraries and re- St. Louis, Missouri, as the ‘‘William ‘Bill’ Clay Post Of- source centers at United States diplomatic and consular fice Building’’, H.R. 5479, to designate the facility of the missions to provide information about American culture, United States Postal Service located at 117 North Kidd society, and history, S. 2120, to authorize the establish- Street in Ionia, Michigan, as the ‘‘Alonzo Woodruff Post ment of a Social Investment and Economic Development Office Building’’, H.R. 4185, to designate the facility of Fund for the Americas to provide assistance to reduce the United States Postal Service located at 11151 Valley poverty, expand the middle class, and foster increased Boulevard in El Monte, California, as the ‘‘Marisol economic opportunity in the countries of the Western Heredia Post Office Building’’, H.R. 5528, to designate Hemisphere, S. 2166, to provide for greater responsibility the facility of the United States Postal Service located at in lending and expanded cancellation of debts owed to 120 Commercial Street in Brockton, Massachusetts, as the the United States and the international financial institu- ‘‘Rocky Marciano Post Office Building’’, H.R. 3721, to tions by low-income countries, S. 3097, to amend the designate the facility of the United States Postal Service Vietnam Education Foundation Act of 2000, the Inter- located at 1190 Lorena Road in Lorena, Texas, as the national Convention Against Doping in Sport, adopted by ‘‘Marine Gunnery Sgt. John D. Fry Post Office Build- the United Nations Educational, Scientific, and Cultural ing’’, H.R. 5517, to designate the facility of the United Organization on October 19, 2005 (Treaty Doc.110–14), States Postal Service located at 7231 FM 1960 in Hum- certain pending nominations, and promotion lists in the ble, Texas, as the ‘‘Texas Military Veterans Post Office’’, Foreign Service, 2:15 p.m., S–116, Capitol. H.R. 5168, to designate the facility of the United States June 25, Full Committee, to hold hearings to examine Postal Service located at 19101 Cortez Boulevard in a new strategy for an enhanced partnership with Pakistan, Brooksville, Florida, as the ‘‘Cody Grater Post Office 9:30 a.m., SD–419. Building’’, S. 3082, to designate the facility of the Committee on Health, Education, Labor, and Pensions: June United States Postal Service located at 1700 Cleveland 24, to hold hearings to examine the emergence of the Avenue in Kansas City, Missouri, as the ‘‘Reverend Earl superbug, focusing on antimicrobial resistance in the Abel Post Office Building’’, an orginal bill entitled, ‘‘Pre- United States, 10:30 a.m., SD–430. Disaster Mitigation Act of 2008’’, and the nomination of June 26, Subcommittee on Children and Families, to Elaine C. Duke, of Virginia, to be Under Secretary for hold hearings to examine reauthorization of the Child Management, Department of Homeland Security, 10 Abuse Prevention and Treatment Act (CAPTA)(Public a.m., SD–342. Law 93–247), focusing on protecting children and June 26, Full Committee, to hold hearings to examine strengthening families, 2:30 p.m., SD–430. nuclear terrorism, focusing on the federal response for Committee on Homeland Security and Governmental Affairs: providing medical care and meeting basic needs in the June 24, to hold hearings to examine ending excessive aftermath of an attack, 10 a.m., SD–342.

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June 26, Subcommittee on Federal Financial Manage- Committee on Veterans’ Affairs: June 26, business meet- ment, Government Information, Federal Services, and ing to mark up pending calendar business, 9:30 a.m., International Security, to hold hearings to examine ad- SR–418. dressing the nation’s financial challenges, 2:30 p.m., SD–342. House Committees Committee on Indian Affairs: June 26, to hold an over- Committee on Agriculture, June 25, hearing to review sight hearing to examine access to contract health services trading in energy markets, 11 a.m., 1300 Longworth. in Indian country, 9:30 a.m., SD–562. June 26, Subcommittee on Hortriculture and Organic Committee on the Judiciary: June 24, Subcommittee on Agriculture, hearing to review the status of pollinator Human Rights and the Law, to hold hearings to examine health including colony collapse disorder, 10 a.m., 1300 from Nuremberg to Darfur, focusing on accountability for Longworth. crimes against humanity, 10:30 a.m., SD–226. Committee on Appropriations, June 23, Subcommittee on June 25, Subcommittee on the Constitution, to hold Legislative Branch, to mark up the Legislative Branch hearings to examine laptop searches and other violations Appropriations for Fiscal Year 2009, 6 p.m., H–144 Cap- of privacy faced by Americans returning from overseas itol. travel, 9 a.m., SD–226. June 24, full Committee, to mark up the following June 26, Full Committee, business meeting to consider Appropriations for Fiscal Year 2009: Military Construc- S. 2979, to exempt the African National Congress from tion, Veterans Affairs, and Related Agencies; and Home- treatment as a terrorist organization, H.R. 5690, to re- land Security; and to consider Subcommittee Allocations move the African National Congress from treatment as a 302(b)s, 10 a.m., 2359 Rayburn. terrorist organization for certain acts or events, provide June 24, Intelligence Oversight Panel, executive, to relief for certain members of the African National Con- consider Recommendations for Classified Appropriations, gress regarding admissibility, S. 2892, to promote the 3:30 p.m., H–140 Capitol. prosecution and enforcement of frauds against the United June 25, full Committee, to mark up the following States by suspending the statute of limitations during Appropriations for Fiscal year 2009: Energy and Water times when Congress has authorized the use of military Development, and Related Agencies; Commerce, Justice, force, S. 1211, to amend the Controlled Substances Act Science, and Related Agencies; and Financial Services and to provide enhanced penalties for marketing controlled general Government, 10 a.m., 2359 Rayburn. substances to minors, S. 3155, to reauthorize and improve June 26, to mark up the following Appropriations for the Juvenile Justice and Delinquency Prevention Act of Fiscal Year 2009: Labor, Health and Human Services, 1974, S. 2746, to amend section 552(b)(3) of title 5, Education, and Related Agencies; and the Agriculture, United States Code (commonly referred to as the Freedom Rural Development, Food and Drug Administration, and of Information Act) to provide that statutory exemptions Related Agencies, 10 a.m., 2359 Rayburn. to the disclosure requirements of that Act shall specifi- June 27, Subcommittee on Legislative Branch, over- cally cite to the provision of that Act authorizing such sight hearing on the Capitol Visitor Center, 10 a.m., exemptions, to ensure an open and deliberative process in 2358A Rayburn. Congress by providing for related legislative proposals to Committee on Armed Services, June 25, hearing on China: explicitly state such required citations, S. 3061, to au- Recent Security Developments, 10 a.m., 2118 Rayburn. thorize appropriations for fiscal years 2008 through 2011 Committee on the Budget, June 24, hearing on H.R. for the Trafficking Victims Protection Act of 2000, to 3654, SAFE Commission Act, and the Long-Term Fiscal enhance measures to combat trafficking in persons, S. Challenge, 10 a.m., 210 Cannon. Res. 594, designating September 2008 as ‘‘Tay-Sachs Committee on Education and Labor, June 24, hearing on Awareness Month’’, and the nominations of Paul G. Is OSHA Failing to Adequately Enforce Construction Gardephe, to be United States District Judge for the Safety Rules? 10 am., 2175 Rayburn. Southern District of New York, Kiyo A. Matsumoto, to June 25, full Committee, to mark up H.R. 3289, be United States District Judge for the Eastern District PRE-K Act,, 10 a.m., 2175 Rayburn. of New York, Cathy Seibel, to be United States District June 26, Subcommittee on Health, Employment, Labor Judge for the Southern District of New York, Glenn T. and Pensions, hearing on An Examination of Discrimina- Suddaby, to be United States District Judge for the tion Against Transgender Americans in the Workplace, Northern District of New York, Kelly Harrison Rankin, 10:30 a.m., 2175 Rayburn. to be United States Attorney for the District of Wyo- Committee on Energy and Commerce, June 23, Sub- ming, and Clyde R. Cook, Jr., to be United States Mar- committee on Oversight and Investigations, to continue shal for the Eastern District of North Carolina, 10 a.m., hearings on Energy Speculation: Is Greater Regulation SD–226. Necessary to Stop Price Manipulation?—Part II, 11 a.m., June 26, Subcommittee on Crime and Drugs, to hold 2123 Rayburn. hearings to examine effective ways to catch fugitives in June 24, Subcommittee on Health, hearing on H.R. the 21st century, 2 p.m., SD–226. 3014, Health Equity and Accountability Act of 2007, 10 Committee on Small Business and Entrepreneurship: June a.m., 2322 Rayburn. 25, to hold hearings to examine solutions to cope with June 24, Subcommittee on Telecommunications and the rise in home heating oil prices, 10 a.m., SR–428A. the Internet, hearing on The Future of Universal Service:

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To Whom, By Whom, For What, and How Much? 9:30 yers and Administration Interrogation Rules, Part III, 10 a.m., 2123 Rayburn. a.m., 2141 Rayburn. June 26, Subcommittee Energy and Air Quality, hear- June 26, Subcommittee on Crime, Terrorism, and ing on Climate Change: Costs of Inaction, 10 a.m., 2123 Homeland Security, hearing on H.R. 1889, Private Prison Rayburn. Information Act of 2007, (Part II), 1 p.m., 2237 Ray- Committee on Financial Services, June 24, to consider the burn. following bills: H.R. 6306, To authorize United States June 27, Task Force on Competition Policy and Anti- participation in, and appropriations for the United States trust Laws, hearing on Competition on the Internet, 10 contributions to, the fifteenth replenishment of the re- a.m., 2141 Rayburn. sources of the International Development Association and Committee on Natural Resources, June 24, Subcommittee the eleventh replenishment of the resources of the African on Fisheries, Wildlife and Oceans, oversight hearing on Development Fund, and for other purposes; H.R. 6315, Planning for a Changing Climate and its Impacts on To authorize United States participation in, and appro- Wildlife and Oceans; and a hearing on H.R. 4455, Wild- priations for the United States contribution to, an inter- life Without Borders Authorization Act, 10 a.m., 1324 national clean technology fund, and for other purposes; Longworth. H.R. 3329, Homes for Heroes Act of 2007; H.R. 6216, June 24, Subcommittee on Water and Power, oversight Asset Management Improvement Act of 2008; H.R. hearing on The Silent Invasion: Finding Solutions to 6309, Lead-Safe Housing for Kids Act of 2008; H.R. Minimize the Impacts of Invasive Quagga Mussels on 4461, Community Building Code Administration Grant Water Rates, Water Infrastructure and the Environment, Act of 2007; H.R. 1746, Holocaust Insurance Account- 10 a.m., 1334 Longworth. ability Act of 2007; H.R. 5767, Payments System Protec- June 25, full Committee, to consider the following tion Act; and H.R. 6308, Municipal; Bond Fairness Act.; bills: a Committee Resolution dealing with emergency and to consider pending Committee business, 10 a.m., withdrawal of certain federal lands near Grand Canyon 2128 Rayburn. National Park; H.R. 415, To amend the Wild and Scenic June 26, hearing on H.R. 6066, Extractive Industries Rivers Act to designate segments of the Taunton River Transparency Disclosure Act, 10 a.m., 2128 Rayburn. in the Commonwealth of Massachusetts as a component June 26, Subcommittee on Financial Institutions and of the National Wild and Scenic Rivers; H.R. 1286, Consumer Credit, hearing entitled ‘‘Problem Credit Care Washington-Rochambeau Revolutionary Route National Practices Affecting Students,’’ 2 p.m., 2128 Rayburn. Historic Trail Designation Act; H.R. 1210, Utah Rec- Committee on Foreign Affairs, June 25, hearing on For- reational Land Exchange Act of 2007; H.R. 6041, To re- eign Assistance Reform: Rebuilding U.S. Civilian Devel- designate the Rio Grande American Canal in El Paso, opment and Diplomatic Capacity in the 21st Century, 10 Texas, as the ‘‘Travis C. Johnson Canal;’’ H.R. 1907, Coastal and Estuarine Land Protection Act; and H.R. a.m., 2172 Rayburn. 3227, To direct the Secretary of the Interior to continue June 25, Subcommittee on the Middle East and South stocking fish in certain lakes in the North Cascades Na- Asia, hearing on More Than Just the 123 Agreement: tional Park, Ross Lake National Recreation Area, and The Future of U.S.—Indo Relations, 2 p.m., 2172 Ray- Lake Chelan National Recreation Area, 11 a.m., 1324 burn. Longworth. Committee on Homeland Security, June 24, Subcommittee June 26, Subcommittee on Fisheries, Wildlife and on Transportation Security and Infrastructure Protection, Oceans, hearing on H.R. 6311, NonNative Wildlife Inva- hearing on The Goodyear Explosion: Ensuring Our Na- sion Prevention Act, 10 a.m., 1334 Longworth. tion is Secure by Developing a Risk Management Frame- Committee on Oversight and Government Reform, June 24, work for Homeland Security, 3 p.m., 1334 Longworth. hearing on Examination of AEY Contracts with the U.S. Committee on House Administration, June 24, Sub- Government, 10 a.m., 2154 Rayburn. committee on Elections, hearing on Ballot Design: Are June 24, Subcommittee on National Security and For- States Prepared for the 2008 General Election? 10 a.m., eign Affairs, hearing on Oversight of Coalition Support 1310 Longworth. Funds for Pakistan, 2 p.m., 2154 Rayburn. Committee on the Judiciary, June 24, Subcommittee on June 25, full Committee, hearing on Waste, Fraud, Commercial and Administrative Law, hearing on H.R. and Abuse at K–Town: One Year Later, 10 a.m., 2154 5267, Business Activity Tax Simplification Act of 2008, Rayburn. 1 p.m., 2237 Rayburn. June 25, Subcommittee on Government Management, June 24, Subcommittee on Crime, Terrorism, and Organization, and Procurement, hearing on ID Cards: Re- Homeland Security, hearing on Online Pharmacies and issuing Border Crossing Cards, 2 p.m., 2247 Rayburn. the Problem of Internet Drug Abuse, 11:30 a.m., 2141 June 26, full Committee, hearing on Governance and Rayburn. Financial Accountability of Rural Electric Cooperatives: June 25, Subcommittee on Commercial and Adminis- the Pedernales Experience, 10 a.m., 2154 Rayburn. trative Law, hearing on the Executive Office for United June 26, Subcommittee on Federal Workforce, Postal States Attorneys, 2 p.m., 2141 Rayburn. Service and the District of Columbia, hearing on An Ex- June 26, Subcommittee on the Constitution, Civil amination of Locality Pay, 2 p.m., 2154 Rayburn. Rights, and Civil Liberties, hearing on From the Depart- Committee on Rules, June 24, to consider the following: ment of Justice to Guantanamo Bay: Administration Law- H.R. 6275, Alternative Minimum Tax Relief Act of

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2008; H.R. 3195, ADA Restoration Act of 2007; H.R. Committee on Veterans’ Affairs, June 24, Subcommittee 2176, to provide for and approve the settlement of cer- on Oversight and Investigations, hearing on VA/DOD tain land claims of the Bay Mills Indian Community; and Cooperation and Reintegration of National Guard and H.R. 4115, to provide for and approve the settlement of Reserves, 2 p.m., 334 Cannon. certain land claims of the Sault Ste. Marie Tribe of Chip- June 26, Subcommittee on Economic Opportunity, to pewa Indians, 3 p.m., H–313 Capitol. mark up the following bills: H.R. 6225, Injunctive Relief June 25, to consider H.R. 6052, Saving Energy for Veterans Act of 2008; H.R. 6224, Pilot College Through Public Transportation Act of 2008, 3:30 p.m., Work Study Programs for Veterans Act of 2008; H.R. H–313 Capitol. 6221, Veterans-Owned Small Business Protection and Committee on Science and Technology, June 24, Sub- Clarification Act of 2008; H.R. 6272, SMOCTA Reau- committee on Investigations and Oversight, to continue thorization Act of 2008; H.R. 4255, United States Olym- hearings on American Decline or Renewal? Part 2—the pic Committee Paralympic Program Act of 2007; H.R. Past and Future of Skilled Work, 1 p.m., 2318 Rayburn. 6070, Military Spouses Residency Relief Act; H.R. 2910, June 24, Subcommittee on Technology and Innovation, Veterans Education Tuition Support Act of 2007; H.R. hearing on Sustainable, Energy-Efficient Road Infrastruc- 3298, 21st Century Servicemembers Protection Act; and ture, 10 a.m., 2318 Rayburn. H.R. 2721, To amend title 10, United States Code, to June 25, full Committee, to mark up the following require the Secretary of Veterans Affairs to develop, and bills: H.R. 4174, Federal Ocean Acidification Research the Secretary of Defense to distribute to members of the and Monitoring Act of 2007; H.R. 5618, National Sea Armed Forces upon their discharge or release from active Grant College Program Amendments Act of 2008; and duty, information in a compact disk read-only memory H.R. 6314, Fulfilling the Potential of Women in Aca- format that lists and explains the health, education, and demic Science and Engineering Act of 2008, 10 a.m., other benefits for which veterans are eligible under the 2318 Rayburn. laws administered by the Secretary of Veterans Affairs, 1 June 26, Subcommittee on Energy and Environment, p.m., 334 Cannon. and the Subcommittee on Research and Science Edu- June 26, Subcommittee on Health, hearing on pending cation, joint hearing on The State of Hurricane Research legislation, 10 a.m., 334 Cannon. and H.R. 2407, National Hurricane Research Initiative Committee on Ways and Means, June 24, Subcommittee Act of 2007, 10 a.m., 2318 Rayburn. on Social Security, hearing on Protecting Social Security June 26, Subcommittee on Investigation and Over- Beneficiaries from Predatory Lending and Other Harmful sight, to meet to consider authorization of a subpoena for Financial Institution Practices, 10 a.m., B–318 Rayburn. documents related to the Department of Energy’s June 26, Subcommittee on Select Revenue Measures, FutureGen project, 1 p.m., 2318 Rayburn. hearing on the role of Individual Retirement Accounts Committee on Small Business, June 25, Subcommittee on (IRA’s) in our retirement system, 10 a.m., 1100 Long- Regulations, Health Care and Trade, hearing entitled worth. ‘‘The Impact of Online Advertising on Small Firms,’’ 10 Permanent Select Committee on Intelligence, June 26, execu- a.m., 1539 Longworth. tive, briefing on Treasury, 2:30 p.m., and, executive, June 26, full Committee, hearing entitled ‘‘Grounded: How the Air Transportation Crisis is Hurting Entre- briefing on CIA Program, 3:30 p.m., H–405 Capitol. preneurs and the Economy,’’ 10 a.m., 1539 Longworth. June 26, Subcommittee on Terrorism, Human Intel- Committee on Transportation and Infrastructure, June 24, ligence, Analysis and Counterintelligence, executive, Subcommittee on Highways and Transit, hearing on Con- briefing on National Applications Office, 1 p.m., H–405 necting Communities: The Role of the Surface Transpor- Capitol. tation Network in Moving People and Freight, 10 a.m., Select Committee on Energy Independence and Global Warm- 2167 Rayburn. ing, and the Subcommittee on Intelligence Community June 24, Subcommittee on Water Resources, and Envi- Management of the Permanent Select Committee on In- ronment, hearing on Comprehensive Watershed Manage- telligence, June 25, joint hearing on National Security ment and Planning, 2 p.m., 2167 Rayburn. Implications of Global Climate, 210 Cannon. June 25, Subcommittee on Railroads, Pipelines and June 26, hearing entitled ‘‘$4 Gasoline and Fuel Econ- Hazardous Materials, hearing on Implementation of the omy: Auto Industry at a Crossroads,’’ 1:30 p.m., 210 Pipeline Inspection, Protection, and Enforcement and Cannon. Safety Act of 2006, 2 p.m., 2167 Rayburn. June 26, Subcommittee on Water Resources and Envi- Joint Meetings ronment, hearing on Protecting and Restoring America’s Joint Economic Committee: June 25, to hold hearings Great Waters—Part 1: Coastal Estuaries, 2 p.m., 2167 to examine the United States economy, focusing on the Rayburn. skyrocketing oil prices, 9:30 a.m., SD–106.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, June 23 12:30 p.m., Monday, June 23

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Monday: To be announced. of the motion to concur in the amendments of the House of Representatives to the amendment of the Senate to H.R. 3221, Foreclosure Prevention Act.

Extensions of Remarks, as inserted in this issue

HOUSE Kucinich, Dennis J., Ohio, E1297 Rogers, Harold, Ky., E1305 Lampson, Nick, Tex., E1299 Rogers, Mike, Ala., E1304, E1306 Baca, Joe, Calif., E1306 Larson, John B., Conn., E1301 Rothman, Steven R., N.J., E1302 Bachus, Spencer, Ala., E1304 Lewis, John, Ga., E1305, E1308 Rush, Bobby L., Ill., E1306 Bishop, Sanford D., Jr., Ga., E1303 McCarthy, Kevin, Calif., E1302 Tsongas, Niki, Mass., E1300 Davis, Danny K., Ill., E1300 Maloney, Carolyn B., N.Y., E1305 Davis, Tom, Va., E1307 Miller, Candice S., Mich., E1299, E1307 Van Hollen, Chris, Md., E1305 Diaz-Balart, Mario, Fla., E1304 Pascrell, Bill, Jr., N.J., E1301 Visclosky, Peter J., Ind., E1298 Farr, Sam, Calif., E1304 Payne, Donald M., N.J., E1301 Walsh, James T., N.Y., E1303, E1308 Granger, Kay, Tex., E1303, E1308 Pelosi, Nancy, Calif., E1297 Welch, Peter, Vt., E1301 Green, Al, Tex., E1300, E1307 Perlmutter, Ed, Colo., E1303 Wilson, Joe, S.C., E1300 Hensarling, Jeb, Tex., E1298 Poe, Ted, Tex., E1297 Yarmuth, John A., Ky., E1304 Kaptur, Marcy, Ohio, E1298, E1308 Rangel, Charles B., N.Y., E1298, E1302, E1306 Young, Don, Alaska, E1298 Kildee, Dale E., Mich., E1300 Reichert, David G., Wash., E1303, E1308

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