SENATE—Wednesday, February 13, 2008

February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2013 SENATE—Wednesday, February 13, 2008

The Senate met at 9:30 a.m. and was SCHEDULE licans and the White House have spent called to order by the Honorable BER- Mr. REID. Mr. President, following many weeks slow-walking the bill as NARD SANDERS, a Senator from the my remarks and those of the Repub- part of the Republican strategy to jam State of Vermont. lican leader, there will be a period for the House. We have known that, we the transaction of morning business, have talked about it, and they did a PRAYER with 1 hour equally divided, prior to a good job because we were not able to The Chaplain, Dr. Barry C. Black, of- cloture vote on the conference report pass this bill until last night. I believe fered the following prayer: to accompany H.R. 2082, the Intel- it is wrong and irresponsible for the Let us pray. ligence Authorization Act for 2008. White House to do this. Due to months of White House foot-dragging, the rel- Eternal God, creator and sustainer of ORDER OF PROCEDURE life, no good thing have You withheld On the majority side, I ask that the evant House committees have only now just gotten important documents re- from the children of humanity. time of 30 minutes be divided, with 15 lated to whether the Bush administra- Lead our Senators today along pro- minutes for Senator FEINSTEIN, 10 min- tion followed the law and the Constitu- ductive paths. Teach them to give up utes for Senator ROCKEFELLER, and 5 tion. I cannot speak about those docu- the things that really don’t matter: an minutes for Senator WYDEN. opinion of their personal infallibility; a The ACTING PRESIDENT pro tem- ments on the floor, but people need devotion to the trivial; a penchant for pore. Without objection, it is so or- time to review and analyze these docu- the petty; a tendency to equate their dered. ments. It is not four or five pages. So we must not let this critical issue be own well-being with the ongoing of the f universe. Remind them that if they resolved by the White House trying to merely do what they please, they shall FOREIGN INTELLIGENCE push everybody around. Let’s work together on this issue. We not be pleased with what they do. Give SURVEILLANCE ACT EXTENSION are all working for the same goal: to them grace to take up the cross of sac- Mr. REID. Mr. President, this morn- protect American citizens against acts rificial service with the goal of pleas- ing the statement was made by the of terror. Congress is prepared to ex- ing You. President in the Oval Office that he tend current law, the Protect America We pray in the Redeemer’s Name. will refuse to sign a temporary exten- Act, by any length for Congress to Amen. sion of the current FISA law. This is a statement from the person who wants complete the indepth analysis and ne- f to unite, not divide. This is part of the gotiations necessary for long-term law broadly supported by the American Orwellian-speak we have had for 7 PLEDGE OF ALLEGIANCE people. If the President chooses to veto years out of the White House. The Honorable BERNARD SANDERS led Let’s be very clear. President Bush, a short-term extension, as he said he the Pledge of Allegiance, as follows: obviously, is more interested in politi- would this morning, the responsibility I pledge allegiance to the Flag of the cizing intelligence than finding solu- for any ensuing intelligence-collecting United States of America, and to the Repub- tions to the problems we are facing in gap lies on his shoulders and that of lic for which it stands, one nation under God, Vice President CHENEY and theirs this difficult situation. Today, he con- indivisible, with liberty and justice for all. alone, no one else. tinues to try to bully Congress. Let’s f not forget that we would not even be f APPOINTMENT OF ACTING discussing this issue if not for his ac- RECOGNITION OF THE MINORITY PRESIDENT PRO TEMPORE tions. LEADER What were some of those actions? In The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The their unyielding efforts to expand Pres- pore. The Republican leader is recog- clerk will please read a communication idential powers, President Bush and nized. to the Senate from the President pro Vice President CHENEY created a sys- f tempore (Mr. BYRD). tem to conduct wiretapping, eaves- The legislative clerk read the fol- dropping—including on American citi- FOREIGN INTELLIGENCE lowing letter: zens—outside the bounds of long- SURVEILLANCE ACT U.S. SENATE, standing Federal law. The President Mr. MCCONNELL. Mr. President, PRESIDENT PRO TEMPORE, could easily have come to us and said: with regard to the Foreign Intelligence Washington, DC, February 13, 2008. Let’s change this law, and we would Surveillance Act, it passed in the Sen- To the Senate: have gone along with probably little ef- ate yesterday 68 to 29—an over- Under the provisions of rule I, paragraph 3, fort. But, no, he did not do that. He whelming bipartisan ratification of the of the Standing Rules of the Senate, I hereby just went around the law, and when we Rockefeller-Bond bipartisan com- appoint the Honorable BERNARD SANDERS, a passed the law to try to change it, he promise to get us a permanent Foreign Senator from the State of Vermont, to per- went around that too. Intelligence Surveillance Act in place. form the duties of the Chair. Congress has repeatedly amended the There were a number of efforts to ROBERT C. BYRD, President pro tempore. Foreign Intelligence Surveillance Act weaken the bill on the floor of the Sen- to reflect new technology and the le- ate. They were all defeated on a bipar- Mr. SANDERS thereupon assumed gitimate needs of the intelligence com- tisan basis. Most of them were defeated the chair as Acting President pro tem- munity. We have done that often and by a margin of 2 to 1. pore. for good reason. But, whether out of Over in the House, we have heard f convenience, incompetence, or disdain from 21 Democratic Members, the for the rule of law, this administration ‘‘Blue Dogs,’’ who say the House ought RECOGNITION OF THE MAJORITY chose to ignore Congress and basically to take up this overwhelmingly bipar- LEADER ignored the law, ignored the Constitu- tisan Senate bill and pass it and send it The ACTING PRESIDENT pro tem- tion. to the President for his signature. pore. The majority leader is recog- Congress is working updates to the We had an important bipartisan vic- nized. FISA law as we speak. Senate Repub- tory just last week on the stimulus

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

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2014 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 package. We have an opportunity to do ‘‘beat-up’’ Ford trucks and liked to get son, Julie Ann Dent, and Peggy Ann it again this week on this extraor- under the hood and tinker with them Cubert; his brother Steven Wayne dinarily important piece of legislation. to keep them running until they Cubert, and many other beloved family In thinking about how long we have couldn’t go anymore. members and friends. Clinton was pre- been dealing with this legislation, we Family members called him ‘‘Clin- deceased by his parents, C.D. and Vir- passed a short-term extension back in ton,’’ but he also earned an unusual ginia Cubert. August. We have had 6 months to fig- nickname. Because Clinton was willing Clinton was taken from his loved ure out what we wanted to do. We to trade his entire lunch for the one ones before his time, but it must have passed extremely important legisla- food he loved so much, his friends been a blessing for them that he was tion—probably the most important called him ‘‘Cornbread.’’ able to come home and say goodbye. I piece of legislation we will pass this Clinton met Amy, his wife, in am sure they will treasure forever Congress—yesterday on an over- Lawrenceburg when they were both in every moment spent with Clinton. ‘‘No whelming bipartisan vote. The House their early twenties. Amy thought one will forget his laughter,’’ wrote his of Representatives surely has followed Clinton looked very handsome in his daughter Sarah, ‘‘like the boom of gun- what we have done. There is a bipar- uniform. Clinton and Amy raised two shots during the funeral or the bag- tisan majority in the House of Rep- wonderful young women, Alisha pipes playing Taps.’’ resentatives for what we did yesterday Danielle and Sarah Dawn. This Senate will not forget MSG in the Senate. We know that. There is Clinton enlisted in the National Clinton Cubert’s bravery and service. a bipartisan majority in the House of Guard in 1987 and went on to serve with Kentucky and the Nation are richer for Representatives to take up and pass distinction for nearly 19 years. Nor- his contributions to freedom’s cause. the Senate-passed bill in the House of mally he worked in the Combined Sup- I yield the floor, Mr. President. The ACTING PRESIDENT pro tem- Representatives now. That is what we port Maintenance Shop at the Guard’s headquarters in Frankfurt, KY, the pore. The majority leader. know. That is what I hope will be done. Mr. REID. Mr. President, in brief re- State capital. Then, in January 2005, he The House will have an opportunity sponse to the distinguished Republican was deployed in support of Operation over the next couple of days to make leader’s remarks about the FISA exten- Iraqi Freedom. Assigned to the 2113th its decision. But I think the President sion, I acknowledge the bill passed yes- has correctly assessed the situation Transportation Company, he became terday. I voted against it, and I voted and decided we have had ample time to platoon leader of that unit’s newly cre- against cloture on the bill, but it was a deal with this legislation, to find out ated 4th Platoon. bipartisan passage. I understand that. I For Clinton’s commanding officer, how we felt about it, to vote on it, to don’t dispute that. I saw what the num- make whatever changes people thought CPT William Serie, Clinton was his bers were. The bill was changed a little were appropriate. And we know there is first and most obvious choice. ‘‘[Master as it came from the committee, but it a bipartisan majority in the House Sergeant Cubert] was the most dedi- passed. It was bipartisan. I recognize waiting to pass it. I hope they will be cated in making sure his soldiers were that. given that opportunity later this week. trained, equipped and ready,’’ he says. But the efforts made to extend this f ‘‘People use the word ‘dedicated’ and should be bipartisan. The House is ‘outstanding’ and things of that na- HONORING OUR ARMED FORCES going to do what they do, and they are ture, but I don’t think those words going to send us a piece of legislation. MASTER SERGEANT CLINTON W. CUBERT really express what he did for us. He They have not had time—I have spoken Mr. MCCONNELL. Mr. President, I was truly a person that was outside the to the Speaker, and she has not had rise today to pay tribute to a brave sol- mold.’’ time, through her committees, for dier from Kentucky who was lost in the In Iraq, Master Sergeant Cubert them to come up with the necessary performance of his duty. On September trained with 30 members of his platoon work to have a conference that is 11, 2005—4 years after the brutal at- in combat tactics so that the units meaningful because they are not ready tacks that compelled our Nation to they protected in transit would arrive for that. So they are going to send us fight the war on terror that we still at their destinations safely. Captain a message and we are going to have to fight today—MSG Clinton W. Cubert Serie tells us that Clinton was innova- act on that. was on combat patrol in Samarra in tive in devising new ways for soldiers If we pass it, it will not be what the Iraq. An improvised explosive device to do their jobs more safely and effi- President wants. If we have a little set by terrorists exploded under his ciently. more time, the House, which has been humvee. ‘‘I believe that God puts special peo- working recently with the White House Master Sergeant Cubert, of ple in our lives to show us what we are quite well on the stimulus package and Lawrenceburg, KY, sustained mortal capable of,’’ Captain Serie says. ‘‘Clin- other things, maybe could work some- injuries in the blast. He survived to be ton was that type of leader.’’ thing out. But you can’t create some- transported to the Lexington Veterans When Clinton was injured, the Army thing out of nothing, and that is what Affairs Medical Center in Lexington, contacted Amy, and she flew to Ger- the President wants. He is looking for KY, and was reunited with his family. many to see her husband. Younger an excuse to wave his banner of ‘‘be He passed away on Easter Sunday, daughter Sarah was the first to answer afraid, terror.’’ That is what he and the April 16, 2006, at the age of 38. the phone. At the age of 12, she wrote Vice President have done. For his valor during service, Master an essay for school about the terrible We understand the law is important. Sergeant Cubert received numerous day her family received the news. ‘‘I We believe it should be extended for a medals and awards, including the Meri- was looking in the mirror thinking all short period of time. If it is not ex- torious Service Medal, the Bronze Star questions,’’ Sarah wrote. ‘‘Like the ob- tended, it is not the fault of the Con- Medal, and the Purple Heart Medal. vious ones—why us? Why now? But also gress, it is the fault of Bush and CHE- Born in Texas, Clinton Cubert moved the ones that are only thought by a NEY. We are doing everything we can to to Lawrenceburg with his family at an daughter—who is going to walk me work this out. If it doesn’t pass in the early age. His parents, C.D. and Vir- down the aisle? Who is going to give manner he wants, and it won’t in the ginia Cubert, raised a boy who loved me hugs like him? Who is going to next few days—he wants total immu- the outdoors. As a child, Clinton en- dress me up in camouflage flannels and nity for these phone companies that joyed deer hunting, boating, fishing, or take me hunting?’’ have cooperated or haven’t cooperated just about anything that took him out- We grieve today along with the with him, whatever the evidence side. Cubert family for their loss. Clinton shows. So I repeat, if we don’t get an Clinton enjoyed country music, espe- leaves behind his wife Amy; his daugh- extension, the law will lapse. It is not cially Hank Williams, Jr. He drove ters, Alisha and Sarah; his sisters, the fault of the Congress, it is the fault what family members kindly called Linda Lou Martin, Nancy Marie Robin- of the White House.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2015 Mr. President, I think we should an- The book on interrogation has been writ- ual than our commanding officer in nounce what we are going to be doing ten. We just need to follow it. Iraq, GEN David Petraeus. In a re- here today. And they refer to this book, Mr. sponse to a survey showing that Amer- f President. ican troops in Iraq would consider tor- Cruel and inhuman and degrading treat- ture in order to save their comrades, RESERVATION OF LEADER TIME ment of prisoners under American control Petraeus wrote to the entire multi- The ACTING PRESIDENT pro tem- makes us less safe, violates our Nation’s val- national force on May 10, 2007, and here pore. Under the previous order, the ues, and damages America’s reputation in is some of what he said: the world. That is why, in 2004, the bipar- leadership time is reserved. Certainly, extreme physical action can tisan 9/11 Commission called for humane make someone ‘‘talk’’; however, what the in- f treatment of those captured by the United dividual says may be of questionable value. States Government and our allies in the MORNING BUSINESS In fact, our experience in applying the inter- struggle against terrorism. Congress and the rogation standards laid out in the Army The ACTING PRESIDENT pro tem- Pentagon responded with clear and com- pore. Under the previous order, the Field Manual shows that the techniques in prehensive new rules for the military so that the manual work effectively and humanely Senate will proceed to a period of interrogation techniques practiced by the in eliciting information from detainees. morning business for 1 hour, with the military today are both humane and effective. But not all United States agencies are Now, what does the manual do? It time equally divided. specifically authorizes 19 approaches— The ACTING PRESIDENT pro tem- following these rules. Congress should require the entire U.S. Government and those you could call them interrogation tech- pore. The Senator from California. acting on its behalf to follow the Army Field niques—and they are well thought out Mrs. FEINSTEIN. Mr. President, it is Manual on Human Intelligence Collector Op- and each one is several pages on how to my understanding that I have reserved erations. Doing so will make us safer while apply it. One of them can only be used time, 15 minutes, to speak in morning safeguarding our cherished values and our on unlawful army combatants with the business. vital national interests. prior approval of the combatant com- The ACTING PRESIDENT pro tem- This was signed by Zbigniew mander. These techniques describe pore. That is correct. Brzezinski, Warren Christopher, Law- ways to build rapport with the detainee Mrs. FEINSTEIN. I thank the Chair. rence Eagleburger, Slade Gorton, Lee in order to get him or her to share in- f Hamilton, Gary Hart, Rita Houser, formation. Karla Hills, Thomas Kean, Anthony CIA INTERROGATIONS AND ARMY GEN Michael Maples, the Director of Lake, John Lehman, Richard Leon, FIELD MANUAL the DIA, recently rebutted the conten- Robert McFarlane, Donald McHenry, tion that the Army Field Manual Mrs. FEINSTEIN. Mr. President, yes- Sam Nunn, Thomas Pickering, Ted wouldn’t have covered the interroga- terday was a big day before the Senate. Sorensen, and John Whitehead. It is a tion method used by an FBI special We had the Foreign Intelligence Sur- bipartisan group that has come out agent to get Saddam Hussein to finally veillance Act bill. Today is an even with this, and I believe we should ab- come clean that he had no weapons of bigger day because the intelligence au- sorb it and use that information. mass destruction. thorization bill is going to be before The Army Field Manual provision So the manual specifically prohibits the Senate, and today we will grapple has the support of the Intelligence eight techniques, and here is what they with something that I think should be Committees. I offered the amendment are: major in our consciousness and major in the conference between the House Forcing a detainee to be naked, per- in our deliberations. It is central to and the Senate on the intel authoriza- form sexual acts, pose in a sexual man- who we are as a nation. The question is tion bill. It was passed by the Senate ner; placing hoods or sacks over the whether the United States should con- and it was passed by the House, and it head of a detainee; using duct tape over tinue to go to the ‘‘dark side,’’ down is part of the bill, and as I said, the the eyes; beatings, electric shock, the road of torture, and continue to House has passed their bill. The amend- burns, or other forms of physical pain; allow the CIA and other intelligence ment was the subject of passionate and waterboarding—very much the talk of agencies to practice or outsource state- considered debate in Congress. It has the Nation; use of military working sanctioned torture. To me, the answer unique support—18 former security of- dogs; inducing hypothermia or heat in- is clear, and I hope it is to everyone. ficials, as I have said—and this Army jury; conducting mock executions; de- The answer should be no. Field Manual was issued in its current priving detainee of necessary food, Today we are living in a legal limbo, form by the Department of the Army water, or medical care. where the rules are shrouded by ambi- in September of 2006. It followed the re- Those are the eight prohibited tech- guity. The time has come to change quirements of the Detainee Treatment niques in the Army Field Manual. It this once and for all. The way to do it Act, and it applies uniformly across all also incorporates what is called the is to support the fiscal year 2008 intel- elements of the military and civilian ‘‘golden rule,’’ and this is important. It ligence authorization bill, which would elements of the Department of Defense. is an approach to interrogation. It re- prohibit all interrogation techniques The manual was published after more quires military personnel to ask this by the CIA and place the intelligence than 3 years of drafting and coordina- question: If an interrogation technique community under the uniform stand- tion. This was the most scrutinized were to be used against an American ard of the Army Field Manual. If that field manual the Army has ever pro- soldier, would I believe the soldier had bill passes, and it has passed the House duced, including reviews and comments been abused? of Representatives, if it passes here by every relevant Pentagon office, Adopting this conference report today, we have a uniform standard for every combatant commander, the would extend that ‘‘golden rule’’ to CIA the entire American Government with White House, the DNI, the CIA, and the interrogations, to station agents all respect to coercive interrogation tech- Defense Intelligence Agency. The De- across the globe, and make sure that niques. partments of Justice and State have no coercive technique could be used if The Army Field Manual, which looks also concurred with the manual’s guid- we would not be comfortable with the like this, has 19 interrogation proto- ance. For the first time ever, the Army same technique being used against an cols. They are proven, they are flexible, consulted with Congress in the persons American citizen. and they are effective. The CIA interro- of Senators MCCAIN, WARNER, and Now, here are some facts about the gation program, on the other hand, I LEVIN in drafting the manual. CIA program. The CIA has used coer- believe, is immoral, illegal, sometimes The manual complies with the Uni- cive techniques on detainees since Sep- ineffective, and often counter- form Code of Military Justice, the Ge- tember 11, 2001, under the President’s productive. I wish to simply read some- neva Conventions, and the Detainee authorization and approval of the De- thing which appeared in the news- Treatment Act. There is perhaps no partment of Justice. The CIA has papers, and what this says is: more authoritative figure on the man- waterboarded three detainees—Abu

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2016 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 Zubaydah, Abd al-Rahim al-Nashiri, waterboarding, you can be sure that of the intelligence activities has been and Khalid Shaikh Mohammed. waterboarding will be used against our equally obvious; although it has been The White House believes that station agents, against our military. It spottier in the recent past, it no longer waterboarding could be used in the fu- is a mistake to do so. is. ture, even though General Hayden has That is why 43 retired generals and Then in 2005 and 2006, the bills re- recently publicly questioned its legal- admirals, including 10 four-star offi- ported out of the Senate Intelligence ity. The CIA has used contractors for cers, have signed a letter to Congress Committee were never brought to the interrogations, as General Hayden ad- denouncing coercive techniques and Senate for consideration. There were mitted in an open, public hearing this supporting the single unified uniform internal reasons for that. I will spare past week. So the CIA has outsourced standard for the entire Government, the Presiding Officer from a discussion what is an inherently governmental the Army Field Manual. of those matters, and it is no longer function of questionable legality and Here is what they wrote: important why. morality. We believe that it is vital to the safety of But we have to do this bill. The intel- More importantly, the CIA’s interro- our men and women in uniform that the ligence authorization bill is the tool gation techniques change. There is no United States not sanction the use of inter- the Congress uses to provide direction, uniform standard. There is no standard rogation methods it would find unacceptable specific direction, and to enforce the as to how they are to be combined, if inflicted by the enemy against captured oversight that we do. It involves many Americans. That principle, embedded in the what the circumstances are. Think Army Field Manual, has guided generations of the most sensitive national security about this. Done with cold calculation, of military personnel in combat. programs conducted by the U.S. Gov- any interrogation technique, when ap- And the letter goes on. ernment. plied over the course of hours or days I have listened to the experts such as The 2008 authorization bill includes or months, and in combination with FBI Director Mueller and DIA Director provisions to improve the efficiency of other techniques, can cross the line General Maples. They all insist that the intelligence community. It is a into illegality. An interrogator can even with hardened terrorists you get bland statement, but it is a very im- choose from a menu of coercive ap- more and better intelligence with the portant series of parts. The bill pro- proaches, pick several of them, and go gloves on than when you take them off. duces better intelligence. We provided to work. So don’t be fooled. Even the The CIA cannot show that coercive flexibility and authority to the DNI. least coercive-sounding technique, techniques are more effective than We gave him a tremendous responsi- when used relentlessly or in combina- noncoercive techniques. And I wish I bility and then did not give him tion, can be torture. could say what I know from a classified enough flexibility to exercise that re- Now, in addition to being immoral, I setting, but I cannot. They point to the sponsibility. We do that in this bill. believe the CIA interrogation program anecdotes they have declassified, while We require much greater account- is illegal. the counterexamples remain classified. ability from the intelligence commu- I say this as a member of the Intel- So I can only summarize and say nity. That is oversight. We require ligence Committee, and I say this as this: This is the moment where the greater accountability from the intel- one who has been briefed several times Senate stands up. The House has stood ligence community and its managers. on these techniques. These techniques up. They have passed a bill. If we want We improve the mechanisms for con- have violated the Convention Against to ban waterboarding, if we want to ducting oversight of intelligence pro- Torture and the U.S. torture statute by ban the eight techniques banned by the grams and we reform intelligence pro- inflicting severe physical or mental Army Field Manual, this is our mo- gram acquisition procedures. All of pain or suffering to others. It has vio- ment to do so. I think we should stand that is oversight. lated Geneva Convention common arti- tall. I think we should adhere to our Many of the provisions were included cle III, which prohibits outrages upon principles. I think we should raise what at the request of the National Intel- personal dignity, in particular we say internally and once again re- ligence Director in this bill. I always humiliating and degrading treatment. gain the world’s credibility. I hope we believe in reaching out to the profes- The medical research is clear. Coer- maintain the Senate bill as it is. sionals in doing this. cive techniques cause severe pain and I yield the floor. The creation of the DNI position was suffering. That is why both the AMA The ACTING PRESIDENT pro tem- the result of the most significant re- and the American Psychological Asso- pore. The Senator from West Virginia form of the intelligence community in ciation have passed resolutions against is recognized. 50 years. And the current DNI, ADM their members participating in such in- Mr. ROCKEFELLER. Mr. President, Mike McConnell, is absolutely superb. terrogations. action on the fiscal year 2008 author- The Office of Director of National In- In a letter dated September 13, 2006, ization bill for intelligence is so long telligence has now existed for 21⁄2 years, retired General and former Secretary overdue I do not even know how to ex- and we have begun identifying ways to of State Powell wrote this: plain it. It is over 2 years overdue. It is help the DNI better coordinate the 16 The world is beginning to doubt the moral a very important bill. elements of the intelligence commu- basis of our fight against terrorism. Beginning in 1978, after the two con- nity, which are scattered around the I think that says it in a nutshell. As gressional intelligence committees Government, some of which do a very every Member knows, we will never were established, the Congress passed good job and some of which do not. win the war on terror by capturing or an annual intelligence authorization Now he is pulling all of this together killing or torturing all our enemies. bill every year. It does not sound inter- and he is doing a good job. We will only win the war by our ideals esting, but it has a great deal to do Starting with personnel authority, and by removing any public support for with how the intelligence community this bill uses a much more flexible ap- al-Qaida’s vision. operates. We passed it for 27 consecu- proach to authorizing personnel levels. Using torture cuts away from our tive years. And there was no exception Those are very delicate. We also give moral high ground. It takes America to that. This legislation was one of the DNI the ability to exceed personnel into the ‘‘dark side,’’ and thus it re- very few nonappropriations measures ceilings by as much as 3 percent be- duces our ability to win this war. I be- that Congress has always considered cause he needs to have that. He is in lieve we should end this now. ‘‘must pass.’’ Yet we have failed to pass the process of trying to figure out how The military is the segment of the it for the last number of years, and it to adjust all of this and work it right. U.S. population most likely to be cap- is a matter of consternation. He needs flexibility. It also provides tured and interrogated by our enemies. The importance of our intelligence additional flexibility to encourage the They know any technique we authorize programs to our national security has DNI to convert contractor positions to can be used against them, and that is always been very obvious. The impor- Government employees when appro- the point. If the United States uses tance of strong congressional oversight priate.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2017 Every Member knows the real power As we increase the DNI’s flexibility ligence Authorization bill because Con- is the power of the purse. It is the same to manage personnel, we require an an- gress was unable to pass a bill in 2006 with the DNI. And this bill changes re- nual assessment. That sounds boring, and 2007. Unfortunately, it appears we programming requirements to make it but, no, it is not. It is very important— are on a path that may prevent us from easier to address, as they say, emerg- an annual assessment of personnel lev- getting an authorization bill signed for ing needs in critical situations, a cri- els across the intelligence community: fiscal year 2008. sis. We give him the financial flexi- How are they distributed? Are they in When I assumed the duties as vice bility to do that. He needs that flexi- the right place? Are people protecting chairman of the select committee at bility, and he now will have it if we their turf? The DNI is in charge of this. the beginning of this Congress, one of pass this bill. We want to give him all the support, my top priorities—and that of the com- It authorizes the DNI to use inter- and we want this all reported to us in mittee—was to get an Intelligence Au- agency funding amongst his various our committee so we can watch it. thorization bill signed into law. During agencies that he oversees to establish We also required the inclusion of a the first month of our tenure, we tried national intelligence centers if he so statement that those levels are sup- to resuscitate the fiscal year 2007 bill chooses. The bill also allows the DNI to ported by adequate infrastructure, but could not get it out of the Senate. fund information-sharing efforts across training, funding, and a review of the When the time came to fashion a bill the intelligence community. That was appropriate use of contractors, which for fiscal year 2008, we had better luck. the whole point of the 9/11 Commission. has become a very interesting subject But as Louis Pasteur once said, That is the whole point of reducing in these months and years. ‘‘Chance favors the prepared mind.’’ stovepipes. This bill also addresses an issue that The committee worked hard to include Finally, it repeals several unneeded has concerned the committee for a long in the chairman and vice chairman’s and burdensome reporting require- time, the lack of accountability for mark only those provisions that had ments. Frankly, we can use up a lot of failures and programmatic blunders. strong bipartisan support. Our rule was people’s time on something that we no That is called oversight. if either side objected to a provision, it longer need. We reduce some reporting We want accountability. We want it would not be included. After our mark- requirements without in any way com- in front of us. We want our hands on it. up, we added a number of other good promising accountability because over- The bill gives the DNI the authority to government provisions that had strong sight is the whole point of this bill. conduct accountability reviews across bipartisan support. Unfortunately, the As it increases the authority of the the intelligence community if he committee also added a number of DNI, the bill also improves oversight of deems it necessary or if we request it problematic provisions that caused our the intelligence community in other in our committee. It is called over- bill to stall on the floor. ways. The bill creates a strong inde- sight. I believed we had largely succeeded pendent inspector general in the office This also improves financial manage- in our process of accomplishing the of the DNI. It has to be confirmed by ment by requiring a variety of actions goals of a bipartisan bill. We worked the Senate. That is called oversight. related to the production of auditable closely with the administration to ad- Confirmed by the Senate. That means financial statements. That sounds pret- dress some of their concerns. Some it has to report to the committee. Ac- ty boring, but, no, it is not. When you were easier to resolve than others. We countable to the committee. It has to get into the intelligence community, all know there is one very problematic tell us the truth. Confirmation allows when you get to classified numbers, amendment relating to the Army Field inspectors general to do very difficult things of that sort, it is very important Manual that was added during the con- things within their own departments ference between the House and the Sen- that maybe some of the leaders will to have someone watching. That is ate. I will address that later. But now not do. oversight. We will have that if this bill It establishes statutory inspectors passes. I wish to talk about some of the good general in the National Security Agen- The final major theme in the bill is things in this conference report. cy, the NRO, the NGA and the Defense the reform of the acquisition process. First, I have often said—and I believe Intelligence Agency. So these are all The bill requires a vulnerability assess- responsible observers now agree—that there. They are all accountable. They ment of all major acquisition pro- in creating the Director of National In- are all oversight tools that we want. grams. Well, acquisition is a very large telligence, we gave him a tremendous The bill also gives the Congress more word in intelligence and a very expen- amount of responsibility but darn little oversight of the major intelligence sive word. We have made some very big authority to get the job done. This con- agencies by requiring Senate confirma- mistakes, we have not been able to cor- ference report attempts to address that tion of the Directors of NSA and NRO. rect them. problem by giving the DNI clearer au- Right now we do not have to confirm But that is a discussion for another thority and greater flexibility to over- them. If we do not confirm, that means day. So we have a classified annex. Any see the intelligence community. For they do not have the same relationship Senator who wants to look at what is example, section 410 gives the DNI with the Senate. We confirm the CIA, behind all of those numbers can do that statutory authority to use national in- but we do not confirm the NSA. very easily. telligence program funds quickly to ad- You tell me, particularly after we I have other things I wish to talk dress deficiencies or needs relating to passed the FISA bill yesterday, how is about, particularly the Army Field intelligence information or access or it possible that we would not be able to Manual. But I have a whole different sharing capabilities. The DNI may also confirm the head of the National Secu- speech awaiting my colleagues on that use funds to pay for non-NIP—national rity Agency as well under this bill? We later in the day. intelligence program—activities and to can, which makes him accountable to Mr. President, I yield the floor. address critical gaps in those areas. us, which means he reports to us, The ACTING PRESIDENT pro tem- Section 409 expands the number of of- which means we can do oversight over pore. The Senator from Missouri. ficials in the office of the DNI who can him much more aggressively. Mr. BOND. Mr. President, I thank my protect sources and methods from un- As we describe in our conference re- colleague with whom I have worked authorized disclosure. This authority port: closely on this and many other mat- may now be delegated to the Principal . . . of the need for NSA’s authorized col- ters. Deputy Director of National Intel- lection to be consistent with the protection One of the most important means ligence and the chief information offi- of the civil liberties and private interests of that Congress has for conducting over- cer of the intelligence community. U.S. persons. sight of the intelligence community is These are all good things, all things Through confirmation of the NSA Di- through the annual authorization bill the administration needs. We also in- rector, we can ensure that continues or for the intelligence agency. Regret- cluded provisions that will ensure that starts to be so. tably, we can’t call it an annual Intel- the men and women of our intelligence

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2018 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 community who must work undercover sunk a bunch of money into a project, We struck two sections that con- may do so at less risk of disclosure they refuse to cancel it, even though tained controversial notification and and, consequently, less risk to their they are continuing to throw good funding restrictions. We struck a provi- personal safety. money after bad. sion requiring declassification of the Section 305 allows the DNI to dele- Similarly, the intelligence commu- budgetary top line of the national in- gate the authority to authorize travel nity must get a handle on their per- telligence program because it had al- on any common carrier for purposes of sonnel. I don’t share the belief some ready passed Congress in S. 4, the so- preserving cover of certain employees. have that the Office of the Director of called 9/11 bill. We struck a section Section 325 extends to the head of each National Intelligence is too large. In that required the CIA Director to make intelligence community element the fact, I think we need to make sure our available to the public a declassified authority to exempt certain gifts from National Counterterrorism Center and version of a CIA inspector general re- otherwise applicable reporting require- National Counterproliferation Center port on CIA accountability related to ments. Without this exemption, de- have more resources, not less. They are the terrorist attacks. That was also re- tailed information about the receipt of the ultimate idea for creating a cen- quired by S. 4. It was about time the gifts from foreign governments must be tralized intelligence community, bring- CIA internal IG report be made avail- published in the Federal Register. ing analysts and collectors together able. Everybody else had to air their Imagine if an undercover agent re- from all of the 16 different elements of failings, and it was time the CIA did so ceives a gift from one of the targets he the community. as well. is working and has to report it in the I am concerned about the number of We struck a section that would have Federal Register. That not only blows contractors used by the intelligence allowed the public interest declas- his cover, it probably ends his life. community to perform functions better sification board to conduct declas- That is a great national security con- left to Government employees. There sification reviews at the request of Congress, regardless of whether the re- cern to operatives who have received are some jobs that demand the use of view is requested by the President. We such gifts as part of their covert ac- contractors—for example, certain technical jobs or short-term functions—but also struck a provision that would have tions. One particular provision will reduce too often the quick fix is to hire con- required a national intelligence estimate on global climate change, largely the personnel and resources used to re- tractors, not long-term support. So because the DNI, which is not equipped spond to many congressional reporting this conference report includes a provi- to conduct an NIE on climate change, requirements. In section 330—again, in sion calling for an annual personnel had outsourced the responsibility for response to a request of the DNI—we level assessment for the intelligence putting together an assessment, and eliminated a number of reporting re- community. These assessments will en- there was no need to mandate this in quirements. It is a small step but an sure that before more people are brought in, there are adequate re- law. important one, as each reporting resources to support them and enough Finally, we made modifications to at quirement diverts valuable resources work to keep them busy. least seven other provisions to address from the intended purpose. I hope, Finally, we have included section 312, concerns raised by the administration within the 2009 Intelligence Authoriza- which requires the DNI to create a and by our Senate colleagues. The end tion bill, we can make even greater business enterprise architecture that result was, we get a fiscal year 2008 In- progress in reducing unnecessary and defines all intelligence community telligence Authorization bill passed out duplicative reporting requirements business systems. The endgame is to of the Senate by unanimous consent in that burden the intelligence commu- encourage implementation of inter- early October 2007. I thank my col- nity. operable intelligence community busi- leagues for allowing us to do that. It There are a number of provisions in ness systems, getting everyone on the was long overdue, and it was a badly this conference report that are essen- same page; in sum, making sure every- needed action. Then, however, we went tial for promoting good government. body is talking to each other and ev- to conference. Too often we have seen programs or ac- erybody who needs to know can listen I urged my conferees to avoid inclu- quisitions of major systems balloon in in, a simple but not-yet-achieved objec- sion of controversial provisions. We cost and decrease in performance. That tive. Given the substantial sums of kept our negotiations to the base text is unacceptable. We as taxpayers are money we are spending on these sys- of both bills. Given that we hadn’t had spending substantial sums of money to tems, we should be making certain the an intel bill during the past 2 years, ensure that the intelligence commu- systems are efficiently and effectively there were a lot provisions to nego- nity has the tools it needs to keep us coordinated; again, a good government tiate. I guess you could say there was a safe. If we don’t demand accountability provision. lot of pent-up oversight. After a lot of in how these tools are operated or cre- There were a number of adjustments hard work, we were able to merge the ated, then we are failing the taxpayers. we had to make. We responded to con- two bills in a manner we believed We are failing the intelligence commu- cerns of the administration, and I would receive strong bipartisan sup- nity. We are failing the mission I would worked particularly with my Demo- port. Unfortunately, despite my warn- hope we all agree is essential. cratic colleagues—and I thank them ings, history again repeated itself. Dur- I sponsored several amendments that for their support—to make adjusting the conference markup, the Senate require the intelligence community to ments that would allow the bill to adopted, by a one-vote margin, a con- perform vulnerability assessments of clear the Senate for the first time in 2 troversial provision that limits the in- major systems and to keep track of ex- years. Let me highlight some of those telligence community to using only cessive cost growth of major systems. adjustments because it is important to those interrogation techniques author- This latter provision is modeled on the remember how much effort it took to ized by the U.S. Army Field Manual on Nunn-McCurdy provision which has return the bill to a bipartisan state. human intelligence collector oper- guided Defense Department acquisi- No. 1, we struck a section that would ations. As I will discuss later, to adopt tions for years. I believe these provi- have required the President to provide that provision and put it into law sions will encourage earlier identifica- Congress with any President’s daily would, according to the Director of the tion, the solving of problems relating brief involving Iraq during a certain CIA, shut down the most valuable in- to the acquisition of major systems. time period. The PDBs have not been telligence collection program the CIA Too often such problems have not been disclosed. As a matter of fact, they has, a program that has protected our identified until exorbitant sums of only came to light when a former offi- homeland and our troops abroad from money have been spent. In some cases, cial in the previous administration put terrorist attacks. Because it was several billions of dollars have been some PDBs in his BVDs and stuck adopted, I couldn’t sign the conference blown before the waste stopped. Unfor- them out at the archives for reasons no report that I and my colleagues worked tunately, too often, once they have one has adequately explained. so hard to enact.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2019 Another consequence of that vote The Army Field Manual was meant for These are the hardened terrorists was it caused the conference report to the Army in limiting the number of who have the most information that is languish in the Senate for more than 2 techniques that can be used. It applies needed to protect our troops, our allies months now. Shortly after the passage to them only for the Army, for the abroad, and those of us here at home. of the conference report, the adminis- Army’s use. There are quite a number Those techniques—which are dif- tration released a statement of admin- of techniques that fall within the same ferent from but no harsher than the istration policy and—certainly not to category that are not torture, inhu- techniques that are in the Army Field my surprise—at the top of their list of man, degrading, or cruel. If they are Manual—are unknown to the detainees. objectionable provisions was the limi- not included in the Army Field Man- Those detainees on whom the EITs— tation on interrogation techniques pro- ual, then they would not be permitted not including waterboarding—have visions. We have heard some to be used, if this were made law, by been used have produced the most pro- misstatements on this floor about in- the CIA, the FBI, or anybody else. ductive information and intelligence. terrogation and the techniques used. But to apply the Army Field Man- Literally thousands upon thousands of Frankly, I share some of the same con- ual—it says you can only use these in- the most important intelligent collec- cerns raised by the administration terrogation techniques if you get au- tions have come from the cooperating with respect to this provision. State- thorization from ‘‘the first 0–6 in the detainees who did not know what was ments made about the interrogation interrogator’s chain-of-command’’— going to happen to them, even though program of the CIA are not accurate. well, that would mean the CIA would no torture, cruel, inhuman, or degrad- They have been blown totally out of have to go over to the Army and say: ing techniques were used on them. context, and they deserve a response. Do you have an 0–6 who can come over This section, if it were enacted in law— and look over the shoulders of our in- Many of the techniques that are and it will not be—would prevent the terrogators? Well, you do not have to used—and I have reviewed them—are intelligence community from con- worry about that because the CIA pro- far less coercive or strenuous than ducting the interrogation of senior al- gram would be ending. what we apply to our military volun- Qaida terrorists to obtain intelligence It allows the Army to set the interro- teers: young men and women of Amer- needed to protect the country from at- gation standards for the entire intel- ica who join the Marines, the SEALs, tack. ligence community. It is important the Special Operations Forces, or pilots During its consideration of the De- that my colleagues recognize this in- who go through the survival, evasion, tainee Treatment Act of 2005, Congress terrogation provision is not an resistance, and escape training, or the wisely decided that while the Army antitorture provision. The previous SERE training. We do not even use the Field Manual was a good standard for speakers have said we need to pass this most strenuous of those techniques on military interrogators who number in law to outlaw torture. It is outlawed. our detainees. the tens of thousands, with limited su- The law prohibits the United States Those who say we do not want our pervision and limited training, it was from using torture. This provision pre- enemies to use any more harsh tech- not the standard that should be used by vents the intelligence community from niques than we use on them—well, good the CIA. engaging in other lawful interrogation luck. You have seen Abu Musab al- CIA interrogators are highly trained, techniques that fall outside the scope Zarqawi beheading people. Those are operate under tremendous oversight of the Army Field Manual. and rules and supervision in interro- Why is that important? Because ev- not techniques that anybody would gating those top hardened terrorist erything in the Army Field Manual has suggest. A beheading probably elimi- leaders, who have information on how been published in the al-Qaida manu- nates a source of further information. the system operates and who the major als. The top officials of al-Qaida know But the problem is, the techniques players are. They do not outsource this those techniques better than the inter- that are used would be banned. The job to contractors such as Blackwater rogators know them. They know how techniques—that are not cruel, that or others. It is my understanding if to resist them, and they are ineffec- are not inhuman, that are used on our they use contractors, it is former inter- tive. own voluntary military enlistees—are rogators who are brought back in be- Now, some on the other side of the prohibited because they are not in- cause of their experience. They are sub- aisle would like to frame this provision cluded in the Army Field Manual. One ject to the supervision of the CIA, with as being about waterboarding. It is not. good reason they are not is because we multiple layers of supervision and The Attorney General has publicly do not want to publicize them or they oversight by video cameras. It is highly stated that the CIA no longer uses would no longer be effective in use irresponsible to say the CIA has waterboarding. The technique is not against those high-value detainees who outsourced torture. We do not do tor- one of the approved techniques. The Di- will not cooperate otherwise. I cannot ture. rector of the CIA has publicly stated support a bill that contains that provi- Now, a lot of people say we have lost that there were only three individuals sion. a lot because of our inhumane treat- waterboarded and the technique has ment. They are referring to Abu not been used since 2003. It was used in So here we are on the floor—the far- Ghraib. We all agree that what was the crisis right after 2001, when tre- thest we have gotten in 3 years. It done at Abu Ghraib was inhuman and mendous amounts of valuable informa- looks as though history is going to re- degrading. But it was not done by any- tion were gained from the three indi- peat itself. No wonder congressional body in the intelligence field or for in- viduals waterboarded. ratings are at an all-time low. I believe telligence purposes. It was done by ren- What we are talking about here is our inability to work in a bipartisan egade troops who have been prosecuted, not waterboarding. Some of my col- fashion on a consistent basis may be punished, and imprisoned for the viola- leagues have said that the EITs are not harming us. Yesterday’s success with tions of basic decency. Yes, that has effective—enhanced interrogation tech- the FISA Amendments Act is a model hurt us worldwide, but that is not the niques. Well, that is absolutely not example of what can be accomplished standard which is allowable, permis- true. That is precisely the opposite of when we work together. For the most sible, or acceptable by any of our inter- what the CIA Director has told us in part, the committee’s work on the rogators. our classified hearings and explained Intel bill followed that model, al- Mention has been made of eight tech- it. though we were unable to protect the niques that are banned in the Army Now, the CIA Director has said they bipartisan compromise in the end. Field Manual. I agree, those techniques have held less than 100 people in their As the vice chairman of the Senate that are banned in the Army Field custody, and less than one-third of Intelligence Committee, I have in- Manual should be banned. Those are those have been submitted to enhanced vested a very significant amount of not techniques that should be used. interrogation techniques. time and effort to provide meaningful

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2020 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 oversight of the intelligence commu- I start by responding to the point my open session this week and the mili- nity through this bill. I know my dis- friend from Missouri has made about tary is that these coercive techniques tinguished chairman, Senator ROCKE- the most dangerous terrorists whom we are not effective or even necessary. I FELLER, has made those same efforts are involved in interrogating. It seems share the view of my friend from Mis- and shares the goal. to me these individuals are literally souri about how important it is to get However, I have often said that no human ticking timebombs. They have this time-sensitive threat information. bill is better than a bad bill. Right information, for example, about oper- He and I have talked about this on now, with this provision in it, this is a ations we absolutely must have infor- many occasions. Of course, we cannot bad bill because what it would do, ac- mation on in order to protect the get into any of the matters that are cording to the Director of National In- American people. But I have come to classified. I share his view, but it is telligence, is to shut down the most ef- the conclusion it is possible to get this possible, I say to my colleagues, to get fective interrogation program the CIA essential information we need from that information without breaching has to use to induce cooperation from these human ticking timebombs—the the values Americans hold dearly and those leaders of al-Qaida and other tertime-sensitive threat information— the rule of law. rorist organizations who know about without practices that violate our val- I hope my colleagues will support the the plots to attack the United States ues and violate the rule of law. important work by the Senator from and to attack our allies. The reason I have come to that con- California. This is an issue we have Mr. President, I urge my colleagues clusion—and why I so strongly support looked at. It has had bipartisan sup- to support cloture so we can move for- what Senator FEINSTEIN is doing—that port in the past. ward on the process on this legislation, is what some of our key officials tell us I am very appreciative of what Sen- but the President has stated he will in the executive branch. For example, ator MCCAIN, who knows a little bit veto the bill and, regrettably, I must this week, I asked FBI Director about this, has had to say in the past say that despite all the good things in Mueller about whether it was possible about fighting terrorism relentlessly the bill, he is correct. We cannot afford to use noncoercive techniques effec- and protecting our values. I hope my colleagues will support the the risk to this country, to our per- tively in terms of getting this informa- efforts of the Senator from California. sonal safety, to our desire to avoid an- tion from human ticking timebombs, If her case was strong several months other 9/11, by saying we can no longer and the Director said, to his credit, allow the CIA to use the acceptable ago, I think it is even stronger today yes, it was possible to use noncoercive on the basis of what we have learned in techniques that are not published but techniques to get the information nec- that are very effective in assuring co- open session. essary to protect the United States of Mr. FEINGOLD. Mr. President, I sup- operation of high-value detainees America. The fact is, the military has port the intelligence authorization whom we in this country capture said it as well. conference report, which is so impor- through the CIA. Regrettably, while I It is that core principle Senator tant to Congress’s efforts to conduct urge my colleagues to support cloture, FEINSTEIN has picked up in her work. oversight of the intelligence commu- I cannot urge them to pass this meas- She believes, as I do, we will take no nity. The administration’s illegal ac- ure. backseat to anyone in terms of fighting I yield the floor. tions and its relentless efforts to ob- the terrorists relentlessly, but we can tain vast new eavesdropping authori- The PRESIDING OFFICER (Mr. do it, as Director Mueller and the mili- MENENDEZ). The Senator from Oregon. ties make oversight more important tary have said, in line with the rule of than ever. I particularly support the Mr. WYDEN. Mr. President, how law and in line with American values. much time do I have remaining at this provision limiting interrogation tech- With respect to the role of the mili- niques to those authorized by the time? tary, they already abide by interroga- The PRESIDING OFFICER. The Sen- Army Field Manual. I was a cosponsor tion rules that are flexible and effec- ator has 3 minutes. of this amendment when it was offered tive. They have been used by profes- Mr. WYDEN. Mr. President and colin conference, and I am pleased that it sional military interrogators with leagues, I ask unanimous consent to has the support of bipartisan majori- many years of experience, and they are have my time—you said I have 3 min- ties of both the Senate and House In- clearly effective. utes; I see my friend on the floor—to telligence Committees. It represents, Some have suggested, incorrectly in have my time extended by 3 minutes so at long last, an important step toward my view, that the military rules make I would have a total of 6 minutes. bringing this administration into con- The PRESIDING OFFICER. Is there better interrogators, follow the same formity with the law and with our na- objection? rules as new recruits, but that is not tional principles. It also represents a Mr. BOND. That is acceptable. No ob- right. The Army Field Manual actually clear decision by the very Members of jection. makes it quite clear which techniques Congress who have been briefed on the Mr. President, I ask unanimous con- are authorized for all servicemembers CIA’s interrogation program that the sent for 2 additional minutes after and which require special permission to use of so-called enhanced interrogation that, if that could be part of the re- use. techniques is not in our country’s best quest. It is my view that our country has interests. The PRESIDING OFFICER. Is there paid dearly for this secret interroga- When the intelligence authorization objection? tion program. My friend from Missouri bill was marked up by the committee Without objection, it is so ordered. has indicated, in his view, you cannot in May, I made my position clear. I Mr. WYDEN. Mr. President, thank torture, but the case was strong for the could not support the CIA’s program on you, and I thank my friend from Mis- Feinstein amendment a couple months moral, legal, or national security souri as well. ago, and it is even stronger today be- grounds. When I was finally fully I especially want to express my ap- cause General Hayden has said that in briefed on the program, it was clear preciation for the outstanding work of the past, waterboarding has been used that what was going on was profoundly Senator FEINSTEIN, my seatmate on and, in fact, my view is that the need wrong. It did not represent what we, as the Intelligence Committee, who I for this legislation, just on the basis of a nation, stand for, or what we are think understands it is possible in this the developments over the last few fighting for in this global struggle country to fight terrorism ferociously weeks, is even more important than it against al-Qaida. And it was not mak- and still be sensitive to American val- was because these practices that have ing our country any safer. I also con- ues and the rule of law. That is what I come to light in the last few weeks cluded that if the American people want to spend a few minutes talking have damaged our relations, damaged knew what we in the Intelligence Com- about because I think under the ap- our moral authority. mittee knew, they would agree. proach developed by Senator FEINSTEIN The tragic part of this, on the basis The program also cannot stand up to this legislation does that. of the answers from Mr. Mueller in any serious legal scrutiny. To take just

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2021 one interrogation technique that the ernment engaging in torture. It ex- an example that the rest of the Govern- administration has acknowledged using pressly prohibits interrogation tech- ment should follow. in the past, waterboarding is torture, niques that are not authorized by the So, despite the fact that the law is pure and simple. Everyone knows this. United States Army Field Manual. By already clear, I urge the Senate to pass The rest of the world knows this. And, passing this bill, we will not only re- this provision, and I urge the President in every other context, our own gov- spond to this administration’s ambi- to promptly sign it into law, making ernment knows this. What Orwellian guity about torture by reiterating that the policy of our Nation clear. Our val- world do we inhabit in which the ad- it is off the table, we will be sending a ues cannot permit this to be an open ministration attempts to argue other- message to the world that the United question. We must put an end to the wise? And in what world does States is a country that does not tol- damage that this administration’s po- waterboarding not ‘‘shock the con- erate torture. Whether waterboarding sitions have caused to our standing and science,’’ the test required by the De- is torture and illegal does not depend the risks that they have taken with the tainee Treatment Act? I suspect that on the circumstances. safety of American citizens and sol- the administration knows full well When it comes to our core values— diers around the world. that its legal justifications for the pro- that which makes our country great Mr. LEVIN. Mr. President, I urge my gram are empty, and that is why the and defines America’s place in the colleagues to support the intelligence Attorney General has refused to tell world—it does not depend on the cir- authorization conference report which Congress why he believes the program cumstances. America, the great and includes a requirement that all Gov- is legal and has instead referenced Jus- good Nation that has been a beacon to ernment agencies, including the CIA, tice Department analyses that have the world on human rights, does not comply with the Army Field Manual on also been withheld from Congress. torture and should stand against tor- Interrogations in the treatment and in- The CIA’s interrogation policy is un- ture. terrogation of detainees. dermining our ability to fight al-Qaida. Let me be clear. This provision The result will be a single standard It has diminished our standing in the should not be necessary. Water- of treatment for detainees, a standard world, precisely when we should be pro- boarding, and other forms of torture, consistent with American values and viding global leadership against this are already clearly illegal. Water- international standards. The Army growing threat. And it has denied us boarding has been recognized as tor- Field Manual is consistent with our obligations under Common Article 3 of the moral high ground that is so crit- ture for the last 500 years. President the Geneva Conventions, which pro- ical if we are to reach out to parts of Teddy Roosevelt prosecuted American hibits subjecting detainees to ‘‘cruel the world in which al-Qaida seeks to soldiers for waterboarding more than treatment and torture.’’ This is the operate and recruit. By passing this 100 years ago. We prosecuted Japanese standard to which our soldiers are conference report, we can begin to re- soldiers for waterboarding Americans trained and which they live by. during World War II. verse this damage. We can also, finally, Consistent with this standard, the I support this provision, despite the reassure our troops that torture is tor- Army Field Manual specifically pro- fact that there is no question that ture and that if you are captured by hibits certain interrogation tech- waterboarding is already illegal, be- the enemy, the American government niques. These include: forced nudity; cause this administration has chosen will not equivocate about the Geneva ‘‘waterboarding,’’ that is, inducing the to ignore the law. They have admitted Conventions protections to which you sensation of drowning; using military they have engaged in waterboarding, are entitled. working dogs in interrogations; sub- The administration has repeatedly otherwise known as water torture, and jecting detainees to extreme tempera- attempted to sell this program by ar- they refuse to say they will not do it tures; and mock executions. guing that Members of Congress have again. The positions they have taken Unfortunately, the Bush administra- been briefed, as if the mere fact of tell- publicly on this subject are, I believe, tion has insisted that it reserves the ing members of Congress means that so destructive to the core values of this right for the CIA to engage in certain the program must be legal. The Presi- Nation and our standing in the world, ‘‘enhanced interrogation techniques.’’ dent made this argument last fall. And that this Congress should say, again— It has been reported that these CIA the Director of the CIA did so again very clearly—that our Government is techniques include ‘‘waterboarding.’’ last week. But, what the administra- not permitted to engage in these While this Justice Department con- tion always fails to mention is that as shameful practices. tinues to refuse to say one way or the members of the Intelligence Commit- Tragically, this administration has other, let there be no doubt: tees have learned about the program, so twisted America’s role, laws and val- waterboarding is torture. opposition has steadily increased. I ues that our own State Department The Judge Advocates General of all have sent a classified letter detailing and high-ranking officials in our De- four services have told us unequivo- my serious concerns and so, too, have partment of Justice cannot say that cally that waterboarding is illegal. others. And now, we have bipartisan waterboarding of an American is ille- Requiring that all Government agen- majorities of both intelligence commit- gal. If an enemy decided to waterboard cies comply with the standards of the tees saying ‘‘enough is enough.’’ an American soldier, they can now Army Field Manual is not mushy intel- It has long been my position that in- quote statements from high officials in lectualism. It is hard-headed prag- terrogation techniques should be lim- our own Government to support their matism. When we fail to live up to our ited to those authorized by the Army argument that the technique breaks no own standards for humane treatment, Field Manual. This approach brings the laws. That is how low we have sunk. we compromise our moral authority. CIA into conformity with the rules by Our top military lawyers and our Our security depends on the willing- which our men and women in uniform generals and admirals understand this ness of others to work with us and defend our nation and themselves. We issue. They have said consistently that share information, information which fought Nazi Germany and the battles of waterboarding is torture and is illegal. could prevent the next attack. When the Cold War without resorting to gov- They have told us again and again at we project moral hypocrisy, we lose the ernment-sanctioned torture. We can hearings and in letters that intel- support of the world in the fight surely defend America and defend our ligence gathered through cruel tech- against the extremists. principles now. It is time to bring an niques like waterboarding is not reli- Requiring a single standard for the end to this stain on our Nation, and to able, and that our use and endorsement treatment of detainees consistent with make the American people proud of these techniques puts our brave men the Army Field Manual protects our again. and women serving in the armed forces men and women in uniform, should Mr. LEAHY. Mr. Presdient, this Re- at risk. That is why they have so ex- they be captured. It strengthens our port contains a provision that rein- plicitly prohibited such techniques in hand in demanding that American pris- forces the prohibition against our Gov- their own Army Field Manual, and it is oners be treated humanely, consistent

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2022 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 with values embodied in the Field Man- interrogation techniques, including terrogating terrorists. On the contrary, ual. those included in the McCain amend- it is important to the war on terror I urge my colleagues to support the ment and the Military Commissions that the CIA have the ability to do so. intelligence authorization conference Act, it is inexplicable that the adminis- At the same time, the CIA’s interroga- report with the provision that stand- tration not only has failed to publicly tion program has to abide by the rules, ards in the Army Field Manual for declare waterboarding illegal, but has including the standards of the Detainee treatment of detainees will apply to all actually indicated that it may be legal. Treatment Act.’’ This remains my view elements of the intelligence commu- During the past several weeks we today. nity. have heard many justifications for the When, in 2005, the Congress voted to Mr. GRAHAM. Mr. President, I op- administration’s incomprehensible apply the field manual to the Depart- pose the conference report on the intel- legal analysis. At the end of the day, it ment of Defense, it deliberately ex- ligence authorization bill. appears it is the view of the adminis- cluded the CIA. The field manual, a I was troubled to learn the Intel- tration is that the ends justify the public document written for military ligence Committees inserted in the means and that adhering to our values, use, is not always directly translatable conference report a provision to apply laws, and treaty obligations will weak- to use by intelligence officers. In view the Army Field Manual to the CIA pro- en our nation. I strongly disagree. of this, the legislation allowed the CIA gram. This was done without any hear- I support aggressive interrogation of to retain the capacity to employ alter- ing or vote in either the House or the detainees in the in the war on terror. native interrogation techniques. I Senate. And the CIA program is a vital compo- would emphasize that the DTA permits I strongly regret the committee nent in securing our Nation. As we in- the CIA to use different techniques chose this course of action since it de- terrogate and detain those who are in- than the military employs but that it nies the Senate the opportunity to tent on destruction of our country and is not intended to permit the CIA to fully appreciate the implications of all those who fight for liberty, we can use unduly coercive techniques—in- such a restriction on the CIA program. never forget that we are, first and fore- deed, the same act prohibits the use of It would be a colossal mistake for us most, Americans. The laws and values any cruel, inhumane, or degrading to apply the Army Field Manual to the that have built our Nation are a source treatment. operations of the CIA. I have been of strength, not weakness, and we will Similarly, as I stated after passage of briefed on the current CIA program to win the war on terror not in spite of de- the Military Commissions Act in 2006, interrogate high value targets. It is ag- votion to our cherished values but be- nothing contained in that bill would gressive, effective, lawful and in com- cause we have held fast to them. require the closure of the CIA’s de- pliance with our legal obligations. Un- Mr. MCCAIN. Mr. President, I oppose tainee program; the only requirement fortunately, the intelligence authoriza- passage of the intelligence authoriza- was that any such program be in action bill as currently drafted will de- tion conference report in its current cordance with law and our treaty obli- stroy the CIA program. form. gations, including Geneva Common Ar- I believe in flexibility for the CIA During conference proceedings, con- ticle 3. program within the boundaries of cur- ferees voted by a narrow margin to in- The conference report would go be- rent law. The CIA must have the abil- clude a provision that would apply the yond any of the recent laws that I just ity to gather intelligence for the war Army Field Manual to the interroga- mentioned—laws that were extensively on terror. In this new war, knowledge tion activities of the Central Intel- debated and considered—by bringing of the enemy and its plan is vitally im- ligence Agency. The sponsors of that the CIA under the Army Field Manual, portant and the Army Field Manual provision have stated that their goal is extinguishing thereby the ability of provision will weaken our intelligence to ensure that detainees under Amer- that agency to employ any interroga- gathering operations. ican control are not subject to torture. tion technique beyond those publicly It is regrettable that the debate on I strongly share this goal, and believe listed and formulated for military use. the intelligence authorization bill has that only by ensuring that the United I cannot support such a step because I become a debate about waterboarding. States adheres to our international ob- have not been convinced that the Con- Waterboarding is not part of the CIA ligations and our deepest values can we gress erred by deliberately excluding program. maintain the moral credibility that is the CIA. I believe that our energies are However, waterboarding, under any our greatest asset in the war on terror. better directed at ensuring that all circumstances, represents a clear vio- That is why I fought for passage of techniques, whether used by the mili- lation of U.S. law and it was the clear the Detainee Treatment Act, DTA, tary or the CIA, are in full compliance intent of Congress to prohibit this which applied the Army Field Manual with our international obligations and practice. In 2005 and 2006, the Senate on interrogation to all military detain- in accordance with our deepest values. overwhelmingly and in a bipartisan ees and barred cruel, inhumane and de- What we need is not to tie the CIA to fashion stood up against cruel, inhu- grading treatment of any detainee held the Army Field Manual but rather to man and degrading treatment and abid- by any agency. In 2006, I insisted that have a good faith interpretation of the ed by the Supreme Court’s decision in the Military Commissions Act, MCA, statutes that guide what is permissible the Hamdan case that that those in our preserve the undiluted protections of in the CIA program. custody are protected by the Geneva Common Article 3 of the Geneva Con- This necessarily brings us to the Conventions. Indeed, senior adminis- ventions for our personnel in the field. question of waterboarding. Administra- tration officials assured us that the And I have expressed repeatedly my tion officials have stated in recent days language contained in the Military view that the controversial technique that this technique is no longer in use, Commissions Act clearly outlawed known as ‘‘waterboarding’’ constitutes but they have declined to say that it is waterboarding. nothing less than illegal torture. illegal under current law. I believe that Imagine my surprise when the Attor- Throughout these debates, I have it is clearly illegal and that we should ney General and Director of National said that it was not my intent to elimi- publicly recognize this fact. Intelligence stated that waterboarding nate the CIA interrogation program, In assessing the legality of may be legal in certain circumstances. but rather to ensure that the tech- waterboarding, the administration has I cannot understand what legal rea- niques it employs are humane and do chosen to apply a ‘‘shocks the con- soning could possibly lead them to this not include such extreme techniques as science’’ analysis to its interpretation conclusion. waterboarding. I said on the Senate of the DTA. I stated during the passage Given the Attorney General’s rec- floor during the debate over the Mili- of that law that a fair reading of the ognition during his nomination hearing tary Commissions Act, ‘‘Let me state prohibition on cruel, inhumane, and de- that the President cannot waive con- this flatly: it was never our purpose to grading treatment outlaws waterboard- gressionally mandated restrictions on prevent the CIA from detaining and in- ing and other extreme techniques. It is,

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2023 or should be, beyond dispute that the Army Field Manual is, they are not Army Field Manual. That is the only waterboarding ‘‘shocks the con- included in the al-Qaida handbook, reason they are effective. science.’’ they are not known to high-value tar- I regret the measure before us has It is also incontestable that gets with whom we may come in con- this ban that will shut down the most waterboarding is outlawed by the Mili- tact and be able to capture. We are valuable source of information our in- tary Commissions Act, and it was the talking only of a couple or three dozen telligence community has. clear intent of Congress to prohibit the at the most who require those tech- I cannot urge my colleagues to sup- practice. The MCA enumerates grave niques. port final passage of this conference re- breaches of Common Article 3 of the He said the FBI Director does not use port. Geneva Conventions that constitute of- any harsh techniques. But if you recall, I yield the floor. fenses under the War Crimes Act. in answer to one of my questions de- The PRESIDING OFFICER. The ma- Among these is an explicit prohibition scribing one of the techniques one of jority leader. on acts that inflict ‘‘serious and non- the FBI interrogators used, it is not in Mr. REID. Mr. President, I will use transitory mental harm,’’ which the the Army Field Manual. They use dif- leader time to make a statement. MCA states ‘‘need not be prolonged.’’ ferent techniques. They use different We are going to vote in a few mo- Staging a mock execution by inducing techniques, but they would be limited ments whether to invoke cloture on the misperception of drowning is a to the Army Field Manual. the intelligence authorization con- clear violation of this standard. Indeed, I suggest that when they are dealing ference report. It is my understanding during the negotiations, we were per- with the criminals who may not be the minority is going to support us on sonally assured by administration offi- part of an organized terrorist con- this vote. I appreciate that very much. cials that this language, which applies spiracy, they would not necessarily America has been without an intel- to all agencies of the U.S. Government, need to use them. ligence authorization bill for almost 3 prohibited waterboarding. General Hayden did say that years. That is certainly long enough. It is unfortunate that the reluctance waterboarding was used three times in The bill before us contains many im- of officials to stand by this straight- the past. He has stated clearly it is not portant provisions that will strengthen forward conclusion has produced in the being used now. He stated the different our intelligence capabilities to fight Congress such frustration that we are enhanced interrogation techniques terrorism and keep our country safe. today debating whether to apply a that are similar to, but different from, The bill includes a number of provi- military field manual to nonmilitary the Army Field Manual are only used sions that will begin to restore proper intelligence activities. It would be far in very limited circumstances, and congressional oversight and includes a better, I believe, for the administration those circumstances are the cir- provision sponsored by Senator FEIN- to state forthrightly what is clear in cumstances in which high-value de- STEIN that will require all intelligence current law—that anyone who engages tainees, with knowledge of the organi- professionals in the U.S. Government in waterboarding, on behalf of any U.S. zation, the threats they pose, the plots to adhere to the interrogation stand- Government agency, puts himself at they are planning to undertake, will ards included in the Army Field Man- risk of criminal prosecution and civil not talk as long as they are subjected ual. liability. only to techniques they are familiar I appreciate the work of Senator We have come a long way in the fight with in the Army Field Manual. FEINSTEIN, who has dedicated much of against violent extremists, and the Yes, the CIA, a couple, three dozen, her life to making our country safer. road to victory will be longer still. I somewhere in there, may have used en- She spends untold hours, along with support a robust offensive to wage and hanced interrogation techniques. Al- other Intelligence Committee mem- prevail in this struggle. But as we con- most 10,000 valuable pieces of informa- bers, in the Hart Building, listening to front those committed to our destruction have come from the CIA’s pro- and evaluating what is happening in tion, it is vital that we never forget gram. We are safer in the United States the intelligence community in our that we are, first and foremost, Ameri- because we have disrupted plots from country and around the world. She is a cans. The laws and values that have Fort Dix to Lackawanna to Chicago to good Senator, and her insight into built our Nation are a source of Torrance, CA—across this Nation—be- what needs to be done in this instance strength, not weakness, and we will speaks volumes. I underline and under- win the war on terror not in spite of de- cause of good intelligence—electronic score my appreciation for her work. I votion to our cherished values but be- surveillance and enhanced interroga- urge all my colleagues to join with me cause we have held fast to them. tion of high-value detainees. I yield the floor. If we take this step in the Congress, in voting to support her in this effort. The PRESIDING OFFICER. The Sen- I believe the President will veto it, as We will have that opportunity because ator from Missouri. he should, because to say that the CIA cloture is going to be invoked. Mr. BOND. Mr. President, I have en- should be fitted into the Army Field It is my understanding a Republican joyed a good working relationship with Manual standard is, I believe, a real or a Democrat will raise a point of my good friend, the Senator from Or- threat to the effectiveness of our col- order regarding the Feinstein amend- egon, but, unfortunately, he did not lis- lection. ment. The reason a Democrat would do ten to all the testimony we had from Regrettably, discussions that imply it is to move this along, to get this the leaders of the intelligence commu- on this floor that we continue to use or over with. There is no reason to wait 30 nity. will continue to use any techniques hours postcloture, with everyone won- While he suggests we must fight ter- that are cruel, inhumane, degrading or dering when it will come up. We should rorism and uphold our values, that is torture is not only simply wrong—flat do it, get it out of the way, work out precisely what the CIA program is de- wrong—but it is irresponsible because some agreeable time with my col- signed to do. Going forward, that is the there are ears and eyes out there in the leagues, or we will go ahead and do it program that will comport with all our world, Al-Jazeera’s and others, who ourselves. There is an hour under the values and our views, but it will be nec- will be picking them up, who will be rule to debate the motion. There will essary. transmitting them, and who will use be an effort to waive this point of order The CIA’s enhanced interrogation that to tar the reputation of our intel- which, under the rules, requires 60 techniques, on which he and I have had ligence collectors. They do not deserve votes. Should Republicans force a vote the opportunity to be briefed, are dif- that. Our security does not deserve to waive the point of order, I urge all ferent from but not outside the scope that. my colleagues to waive the point of of those included for use in the Army Let’s be clear, we are not talking order. Field Manual. about any cruel, inhumane, degrading This is a question of moral authority. As I stated previously, the difference or torture techniques. They are dif- The Senate should stand as one to de- is that since they are not published, as ferent than what is published in the clare that America has one standard of

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2024 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 interrogation. We are living as Ameri- ing opportunity it provided our ter- citizens who may fall into enemy cans in a world where everything we do rorist enemies cannot be understated hands, and serves as an ongoing re- is watched and watched very closely. and cannot be undone. cruiting tool for militant extremists. We are asking other countries to follow This is not a Senator saying this. Meanwhile, the widespread belief our moral lead, to embrace our way of Forty-three retired military leaders of that our country uses abusive interro- life, to aspire to the American standard the U.S. Armed Forces have written us gation methods has weakened our abil- of liberty. Yet I fear too often this ad- a letter strongly stating that all U.S. ity to create coalitions of our allies to ministration’s actions betray those personnel, military and civilian, should fight our enemies because other coun- goals. be held to a single standard. These hon- tries have at times refused to join us. A couple weeks ago, Attorney Gen- ored leaders wrote: Mr. President, many of us thought eral Mukasey refused to say that We believe it is vital to the safety of our the Congress had addressed the issue of waterboarding is legal. What is men and women in uniform that the United torture once and for all when we over- waterboarding? We know what it is. It States not sanction the use of interrogation whelmingly passed the McCain amend- came from the Inquisition and King methods it would find unacceptable if in- ment in 2005. Ferdinand and Queen Isabella. That is flicted by the enemy against captured Amer- But President Bush immediately where it originated. It is nothing new. icans. issued a signing statement casting It has been going on for centuries, and They stated the interrogation meth- doubt on his willingness to enforce a it is torture at its worst where you, in ods in the Army Field Manual ‘‘have ban on torture, and his administration effect, drown somebody and revive proven effective’’ and that they ‘‘are has worked ever since to undermine them after they can no longer breathe. sophisticated and flexible.’’ what Senator MCCAIN offered and was Last week, CIA Director Hayden pub- My friend, the ranking member of passed here overwhelmingly. licly confirmed the United States had this committee, says these horrible This vote today gives Congress the waterboarded individuals who were in techniques are necessary. They are not. chance to show President Bush that we our custody. The next day, the White They are not necessary. There are meant what we said 3 years ago when House affirmatively declared water- many things that have been used and we passed the McCain amendment. boarding is legal and President Bush is can be used, as indicated by these 43 Today, we have an opportunity to free to authorize our intelligence agen- leading military experts. They say begin to rebuild America’s precious and cies to resume its use. present interrogation techniques, set- diminished moral authority. Today, we President Bush may not care much ting these others aside, are sophisti- can strengthen the war on terror. what we in Congress, Democrats or Re- cated and flexible and they work. They I urge us to stand together to support publicans, think. For 6 years, he had explicitly reject the argument that the cloture and, if necessary, to vote to carte blanche to do what he wanted. field manual is too simplistic for civil- waive the point of order on the Fein- The last year has not been that way. ian interrogators. stein amendment, which is part of the We are an equal branch of Government, Our commander in Iraq, General very good conference report dealing and it is time we made him understand Petraeus, a four-star general, whom we with intelligence authorization. this. like to throw around here as knowing The PRESIDING OFFICER. The Sen- The administration can develop as all and has done a wonderful job in ator from Missouri is recognized. many novel and convoluted legal theo- Iraq, wrote an open letter to the troops Mr. BOND. Mr. President, how much ries as it wishes, but they cannot in May. He had this to say: time do I have? change the simple fact that has long Some may argue that we would be more ef- The PRESIDING OFFICER. The Sen- been settled law, that waterboarding is fective if we sanctioned torture and other ex- ator has 1 minute 23 seconds. torture and it is illegal. It is illegal in pedient methods to obtain information from Mr. BOND. Mr. President, regret- the enemy. America, and it is illegal throughout tably, the record doesn’t meet the issue the world. In decades past, America has He went on to say: before us. Waterboarding is not an prosecuted our enemies and even our They would be wrong. . . . [H]istory shows issue here. Waterboarding is not own troops for waterboarding. that [such actions] are frequently neither banned. The techniques that are being This debate is not just about one useful nor necessary. Certainly, extreme physical action can used are in compliance with all of the kind of torture. It is not just about make someone ‘‘talk;’’ however, what the in- convention. They are not torture, waterboarding. It is about ensuring dividual says may be of questionable value. cruel, or humanly degrading. that no form of torture, cruel or inhu- We all know that. The only reason to have a separate mane interrogation techniques that are program, which Congress recognized in In fact, our experience in applying the in- illegal under the Geneva Conventions terrogation standards laid out in the Army the 2005 Military Detainee Act, for hav- and prohibited by the Army Field Man- Field Manual . . . shows that the techniques ing a different standard was for a few ual, are used. This includes beating in the manual work effectively and hu- high-value targets who needed dif- prisoners. This includes sexually manely in eliciting information from detain- ferent techniques—not more harsh humiliating prisoners. It includes ees. techniques but techniques that are less threatening them with dogs, depriving So says General Petraeus. severe than the training techniques we them of food and water, performing Mr. President, just yesterday, a bi- put our enlisted Marines, SEALs, Spe- mock executions, putting electricity partisan group of foreign policy experts cial Forces, and the pilots through. If charges on various parts of their body, joined to call upon Congress to endorse they are not published in the Army burning them. the application of the Army Field Man- Field Manual, they don’t know about These techniques are repugnant. ual standards across all U.S. agencies. them, and that leads them to cooper- They are repugnant to every American. The group included, but was not lim- ate. They fly in the face of our most basic ited to, the Chairman and Vice Chair- The most successful intelligence col- values. They should be completely off man of the 9/11 Commission, Governor lection program that the CIA has does limits to the U.S. Government. We Keane and Congressman Hamilton; two not involve torture or any kind of un- have already seen the damage these former Secretaries of State; three lawful conduct. It is unfortunate—and torture efforts can cause. The world former national security advisers; a I regret to say very harmful—to the saw it in the Abu Ghraib prison situa- former Secretary of the Navy; and United States to suggest that it does. I tion. The revelation that American other highly regarded officials from strongly believe we cannot afford to personnel had engaged in such terrible both parties. shut down the CIA’s interrogation of behavior, behavior we have always The Bush administration’s continued high-value detainees. strongly condemned when used by oth- insistence on its right to use abusive I yield the floor. ers, caused tremendous damage to our techniques gives license to our enemies Mr. REID. Mr. President, don’t you Nation’s moral authority. The recruit- abroad, puts at risk our soldiers and think this great country of ours—the

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2025 moral authority of the world—can con- The yeas and nays are mandatory to go ahead and lend my support and tinue our work, our interrogation of under the rule. The clerk will call the acknowledge to the rest of the Senate prisoners, both military and civilian, roll. that this is a bill that is very necessary by not beating them, sexually The assistant legislative clerk called to pass. Because, what this bill does, by humiliating them, bringing dogs and the roll. authorizing the activities of the intel- having dogs chomp at them, like at Mr. DURBIN. I announce that the ligence community, it continues to Abu Ghraib? Do we need to deprive Senator from New York (Mrs. CLIN- make the oversight function of the them of food and water, provide mock TON), the Senator from Missouri (Mrs. Congress—in particular, the Senate executions, shock them with elec- MCCASKILL), and the Senator from Illi- and the House Intelligence Commit- tricity, as was done during the first nois (Mr. OBAMA) are necessarily ab- tees—poignant and relevant to a com- gulf war to American prisoners who sent. munity that is not accustomed to hav- were captured by the Iraqis, one of Mr. KYL. The following Senator is ing oversight. whom was from Nevada? We don’t need necessarily absent: the Senator from Our committee leadership, chairman to do that. We don’t need to burn them. South Carolina (Mr. GRAHAM). and vice chairman, Senators Rocke- We don’t need to cause them other The PRESIDING OFFICER. Are there feller and Bond, as we say in the South, types of pain that are listed in field any other Senators in the Chamber de- they have cracked the whip with the manuals. siring to vote? intelligence community to get them to Mr. President, we have 43 leading The result was announced—yeas 92, realize that this is a constitutional military experts who have told us that. nays 4, as follows: government of shared powers; that the We have had the two people who led [Rollcall Vote No. 21 Leg.] executive branch doesn’t just run the the 9/11 Commission who have told us YEAS—92 show—particularly on something as that you don’t need that, along with Akaka Dorgan Menendez sensitive as the collection of intel- former Secretaries of State and na- Alexander Durbin Mikulski ligence. Rather, it needs to be done tional security advisers to various Allard Ensign Murkowski within the law, and one of the ways of Barrasso Enzi Murray Presidents, Democrats and Repub- Baucus Feingold Nelson (FL) ensuring that is through the sharing of licans. Bayh Feinstein Nelson (NE) powers between two different branches America is better than this. We don’t Bennett Grassley Pryor of Government who have checks and Biden Gregg Reed need to do this. The CIA can get along Bingaman Hagel balances upon each other. We in the Reid legislative branch oversee the activi- without having to do all these terrible Bond Harkin Roberts Boxer Hatch things. We are told by General Rockefeller ties of the executive branch—in this Brown Hutchison Salazar case, all of the intelligence community Petraeus that these techniques don’t Brownback Inhofe Sanders work anyway and that any of the infor- Bunning Inouye and their activities, which are abso- Schumer Byrd Isakson lutely essential to the protection of mation you get is unreliable. Listen to Sessions General Petraeus. Let’s do the right Cantwell Johnson our country. This conference report is Cardin Kennedy Shelby thing on this issue when it comes up, Carper Kerry Smith a very important bipartisan document, Mr. President. Casey Klobuchar Snowe which increases the accountability in Coburn Kohl Specter the intelligence community, and it au- f Stabenow Cochran Kyl thorizes dozens of critical intelligence Coleman Landrieu Stevens CONCLUSION OF MORNING Collins Lautenberg Sununu programs to keep us safe every day. BUSINESS Conrad Leahy Tester The conference report includes a new, Corker Levin Thune strong inspector general in the Office The PRESIDING OFFICER. Morning Cornyn Lieberman Voinovich of the Director of National Intel- business is closed. Craig Lincoln Warner Crapo Lugar Webb ligence. Inspectors general are increas- f Dodd Martinez Whitehouse ingly important in the intelligence Dole McCain Wicker INTELLIGENCE AUTHORIZATION community, where billions of dollars Domenici McConnell Wyden are spent outside of public view. Our ACT FOR FISCAL YEAR 2008— NAYS—4 CONFERENCE REPORT—Resumed committee, as well as the American Burr DeMint public, has to rely on the inspector CLOTURE MOTION Chambliss Vitter general as an important part of the The PRESIDING OFFICER. Under NOT VOTING—4 oversight of the intelligence commu- the previous order, pursuant to rule Clinton McCaskill nity. XXII, the Chair lays before the Senate Graham Obama As we look back, several years ago, the pending cloture motion, which the The motion was agreed to. we completely reorganized the intel- clerk will state. The PRESIDING OFFICER. On this ligence community. A Director of Na- The bill clerk read as follows: vote, the yeas are 92, the nays are 4. tional Intelligence was set up to inte- CLOTURE MOTION Three-fifths of the Senators duly cho- grate the disparate elements of the in- We, the undersigned Senators, in accord- sen and sworn having voted in the af- telligence community. But there is a ance with the provisions of rule XXII of the firmative, the motion is agreed to. lot more that needs to be done, and a Standing Rules of the Senate, do hereby Mr. DURBIN. Mr. President, I sug- strong inspector general at the DNI is move to bring to a close debate on the con- gest the absence of a quorum. another step in the right direction. ference report to accompany H.R. 2082, Intel- The PRESIDING OFFICER. The The conference report also includes a ligence Authorization Act. clerk will call the roll. provision that makes the Director of John D. Rockefeller IV, Dianne Fein- the NRO—the National Reconnaissance stein, Kent Conrad, E. Benjamin Nel- The legislative clerk proceeded to son, Russell D. Feingold, Barbara A. call the roll. Office—and the NSA—the National Se- Mikulski, Ron Wyden, Ken Salazar, Mr. NELSON of Florida. Mr. Presi- curity Agency—subject to Senate con- Mark Pryor, Patty Murray, Benjamin dent, I ask unanimous consent that the firmation. Now, why is that important? L. Cardin, Frank R. Lautenberg, Jack order for the quorum call be rescinded. That is important because, again, it is Reed, Sheldon Whitehouse, Harry Reid, The PRESIDING OFFICER (Mr. part of the checks and balances of the Carl Levin, Bill Nelson. TESTER). Without objection, it is so or- separate branches of Government. Both The PRESIDING OFFICER. The dered. of these agencies, outside of the public question is, Is it the sense of the Sen- Mr. NELSON of Florida. Mr. Presi- view because of the top-secret nature ate that debate on the conference re- dent, while we are waiting here for of this work, oversee large programs port to accompany H.R. 2082, the Intel- some of the determination of a time that cost vast amounts of money, and ligence Authorization Act, shall be agreement with regards to the consid- not every program has been a success. brought to a close? eration of the conference report, I want So by having the confirmations of the

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2026 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 Directors of the NRO and the NSA on his story—those techniques can be reaffirm our commitment to the basic come to the Senate, it improves that used, but it has to be approved at a rights enshrined in the Geneva Conven- accountability and responsiveness to higher level. tions and restore America’s standing in the legislative branch of Government. Mr. President, there is something the eyes of the world as a nation that The authorization bill also requires that is going to worry everybody, and treats detainees with dignity and re- an assessment of the vulnerability of it has worried this Senator personally spect. the intelligence community’s major ac- and as a member of the Intelligence These rights reflect the values we quisition programs. We have to assess Committee. What if all of this doesn’t cherish as a free society, and also pro- that the program is going to stay on work and the country is in imminent tects the lives of our service men and track and that it is not going off the peril? Well, along with the standards women. Today, however, we know that rails with regard to cost. We are talk- we are going to set, which I hope we the 2005 act has fallen short of our ing about billions of dollars on some of are going to pass into law—these goals. By not explicitly applying the these programs. By keeping them on standards in the Army Field Manual Army Field Manual standards to all track, by knowing what to anticipate, which will state clearly what the Government agencies, we have left it is much easier to plan ahead. standards are for our country and how open a loophole that the Bush adminis- This bill also provides an annual re- we are going to conduct ourselves— tration promptly drove a Mack truck porting system which will help us keep there is always the constitutional au- through. in focus, curbing these cost overruns thority under article II. The so-called enhanced interrogation and these schedule delays. If you don’t As Commander in Chief, the Presi- program carried out in secret sites be- do that, things are going to get out of dent can act when the country is in im- came an international scandal and a profound stain on America in the eyes control. As the intelligence community mediate peril. And if he so chooses, as of the world. The administration issued continues to be more and more sophis- Commander in Chief, to authorize ac- an executive order last year to try to ticated because of the technical means tivities other than what the Army minimize the outcry, but the order it employs, it is more and more impor- Field Manual allows, then the Presi- failed to renounce abuses such as tant that our oversight tools be in dent would be accountable directly to waterboarding, mock executions, use of place and effective. the American people under the cir- attack dogs, beatings, and electric Now, that is enough alone to pass cumstances with which he invoked shocks. this bill, but we have an area of dis- that article II authority as Commander in Chief. The disclosure of secret opinions by agreement coming up. We are expect- the Office of Legal Counsel gave fur- ing the minority to offer a point of What we are saying today does not relate to the President’s article II ther evidence that the administration order that would remove a provision in had interpreted the Detainee Treat- the conference report. This provision power. We are setting statutory power. It is important that we tell the rest of ment Act and other antitorture laws in requires the Army Field Manual to be an unacceptable, narrow manner. used as the standard for interrogation the world the standards of how we interrogate detainees. We are putting Attorney General Mukasey’s refusal methods. This Army Field Manual was these standards into law and we will at his confirmation hearings to say released over a year ago. It specifically ensure that these techniques are in whether waterboarding is illegal gave prohibits cruel, inhuman, and degrad- compliance with the humane treat- us even more reason for concern. The ing treatment. outrages do not end there. Two months There are eight techniques in the ment that we would expect and hope our Americans would also receive. ago, the New York Times reported that Army Field Manual that are specifi- I think there should be no confusion. in 2005 the CIA had destroyed at least cally prohibited from being used in We have an obligation to set these two videotapes documenting the use of conjunction with intelligence interro- standards into law. If that dire emer- abusive techniques on detainees in its gations: forcing the detainee to be gency ever occurred in the future, the custody. These videotapes have been naked, perform sexual acts, or pose in President has his own authority under withheld from Federal courts, the 9/11 a sexual manner; placing hoods or article II of the Constitution. But that Commission, and congressional com- sacks over the head of a detainee; using is not the question here today before mittees. Two weeks ago in his testi- duct tape on the eyes; applying beat- us. The question is: What do we set as mony before the Senate Judiciary ings, electric shock, burns, or other the standard of interrogation, and that Committee, the Attorney General flat forms of physical pain. The fourth is has to be that there is no torture al- out refused to consider investigating waterboarding. That is prohibited. The lowed under this statutory law. possible past acts of torture or to brief fifth is using military working dogs. Therefore, when the point of order is congressional committees on why he The sixth is inducing hypothermia or raised that would take the Army Field believed the CIA’s enhanced interroga- heat energy. The seventh is conducting Manual standards for interrogation tion program is lawful. a mock execution. The eighth is depriv- techniques out of the conference re- Last week, we received official con- ing the detainee of necessary food, port, I urge the Senators not to take firmation that the CIA had used water, and medical care. this provision out of this important in- waterboarding on three detainees. At Now, haven’t I just described what telligence reauthorization bill. the same time, the White House made America is all about? Is that not the I yield the floor. the reckless claim that waterboarding standard by which we, as the leader of The PRESIDING OFFICER. The Sen- is legal, and that the President can au- the world, have to announce to the ator from Massachusetts. thorize its use under certain cir- world what we believe in and how we Mr. KENNEDY. Mr. President, the cumstances. are going to conduct ourselves, and Senate will soon vote on the intel- The White House position is directly that is how we are going to conduct ligence authorization bill, which con- contrary to the findings of courts, mili- ourselves not only among our own peo- tains a provision requiring all U.S. gov- tary tribunals, and legal experts that ple and how we treat them but how we ernmental agencies, including the CIA, waterboarding is a violation of U.S. are going to treat others? to comply with the Army Field Manu- law and a crime against humanity. The manual provides that three in- al’s prohibition on torture. This reform In the words of a former master interrogation techniques may only be is urgently needed. I commend the In- structor for U.S. Navy SEALs: used with higher level approval. The telligence Committee for adopting this Waterboarding is slow motion suffocation good cop-bad cop interrogation tactic; provision. Its enactment will ensure with enough time to contemplate the inevi- the false flag tactic, where a detainee tability of blackout and expiration. Usually that the Government uses only interro- the person goes into hysterics on the board. is made to believe he is being held by gation techniques that are lawful and For the uninitiated it is horrifying to watch another country; or separation, by those provisions should be retained. and if it goes wrong, it can lead straight to which the detainee is separated so he In the Detainee Treatment Act terminal hypoxia. When done right it is con- can’t coordinate with other detainees passed in 2005, Congress attempted to trolled death.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2027 Waterboarding has a long and brutal opinion I have ever read [because of all have lost our way. By applying the history. It is an ancient technique of of the previous statutes and laws that field manual standards to all U.S. Gov- tyrants. In the 15th and 16th centuries, have been passed to prohibit torture by ernment interrogations, Congress will it was used in the Spanish Inquisition. the Congress of the United States and bring America back from the brink, In the 19th century, it was used against those initiated and supported by Re- back to our values, back to basic de- slaves in this country. In World War II, publican presidents, by Ronald Reagan, cency, back to the rule of law. it was used against our troops by as well as Democratic presidents’’.] I yield the floor. Japan. We prosecuted Japanese officers This was not a partisan series of The PRESIDING OFFICER. The Sen- for using it and sent them to years and statements about what the United ator from Rhode Island. years of jail for following that proce- States position has historically been. Mr. WHITEHOUSE. Mr. President, dure. The Bush administration was embar- today’s debate goes to the heart of In the 1970s, it was used against polit- rassed into withdrawing the memo. To what our country is and what we wish ical opponents by the Khmer Rouge in this day, no one in the administration it to be, by asking this: Will the United Cambodia and military dictatorships in has repudiated its content. The torture States of America condone torture? Is Chile and Argentina. Today it is being memo continues to haunt this country. there, at America’s heart, a heart of used against pro-democracy activists I have asked the Attorney General sev- darkness? This authorization bill for in Burma. That is the company we eral times to reject its legal reasoning, America’s intelligence community of- keep when we fail to reject but he continues to refuse to do so. The fers us the opportunity to answer that waterboarding. only solution is for Congress to apply question decisively. It contains provi- In fact, Attorney General Mukasey the Army Field Manual’s standards to sions for which I have fought from my could not even bring himself to reject the entire Government. There has rare- initial amendment in committee, and the legal reasoning behind the infa- ly if ever been a greater need to restore which I am proud to support today, mous Bybee torture memo of the Office the rule of law to America’s interroga- that would prohibit members of the in- of Legal Counsel which stated that tion practices. telligence community from using in- physical pain amounts to torture only The field manual represents our best terrogation techniques beyond those if it is: effort to develop the most effective in- authorized in the Army Field Manual. equivalent in intensity to the pain accom- terrogation standards. The manual By adopting this amendment, the panying serious physical injury, such as clearly states that: Use of torture is two Intelligence Committees, organ failure, impairment of bodily function, not only illegal but also it is a poor Congress’s experts on these matters, or even death. technique that yields unreliable re- have sent a clear signal to America and According to that memo, anything sults, may damage subsequent collec- to the world that in this country the that fell short of that standard would tion efforts, and can induce the source rule of law is our strongest bulwark not be torture. This Bybee memo- to say what he thinks the interrogator against those who would do us harm. randum was in effect for 21⁄2 years be- wants to hear. I hope that today the Senate will fore it was ever effectively suspended. We have on trial in military courts have the confidence in our values to re- It was suspended then by Attorney six of those who are going to be tried affirm that signal and pass this legisla- General Alberto Gonzales for the Judi- because of 9/11. There is no question tion with the Army Field Manual pro- ciary Committee, quite frankly, in there is going to be a whole series of vision included. order that his nomination could be fa- appeals because of the use of various Over the past several months, the vorably considered. techniques against them. It may very American people have become all too Included in the Bybee memoranda well be that some turn out—because of familiar with the issue of torture. I was a provision that was an absolute the violations of basic and funda- want to discuss one technique in par- defense for any of those who would be mental, some constitutional rights, ticular today, waterboarding, or water involved in this kind of torture, unless there will be a question about what the torture, or the water cure, which dates prosecutors could prove a specific in- outcome is going to be with regard to back to the Spanish Inquisition of the tent that the purpose of the torture those individuals. 14th century. was to harm the individuals rather Why not get it right from the start? Waterboarding was a favorite of tor- than to gain information, therefore ef- The manual gives our interrogators turers, because its terrible effects fectively giving carte blanche to any of great flexibility, provides all the tech- could be generated without the visible those who would be involved in torture. niques necessary to effectively ques- damage accompanying the rack, the When Attorney General Gonzales ap- tion detainees, but it makes clear that screw, the iron, the whip, or the gouge. peared before the Judiciary Committee illegal and inhumane methods are not It could be done over and over. and effectively repealed the Bybee permitted. In the 20th century, waterboarding memoranda, he did so for the Depart- In a letter to our troops dated May 7, was done in the Philippines, where ment of Defense but not for the Central 2007, General Petraeus stated: colonizers wielded it against indige- Intelligence Agency, even at that time Our experience in applying the interroga- nous peoples. It has been used in Sri a clear indication of what the adminis- tion standards laid out in the Army Field Lanka, in Tunisia, by the Khmer tration was intending to do with the Manual . . . shows that the techniques in the Rouge in Cambodia—we are in the tra- Central Intelligence Agency. It should Manual work effectively and humanely in dition of Pol Pot—by the French in Al- not be any surprise to anyone that this eliciting the information from detainees. geria, by the Japanese in World War II, has been ongoing and continuous. Applying the field manual’s stand- and by military dictatorships in Latin According to that memo, again the ards throughout our Government will America. The technique ordinarily in- Bybee memorandum, anything that fell move us closer to repairing the damage volves strapping a captive in a reclin- short of this standard would not be tor- to our international reputation in the ing position, heels above head, putting ture. CIA interrogators called the wake of the Abu Ghraib scandal. It will a cloth over his face and pouring water memo their ‘‘golden shield’’ because it once again commit the United States over the cloth to create the feeling of allowed them to use virtually any in- to be the world’s beacon for human suffocation and drowning. It leaves no terrogation method they wanted. rights and fair treatment. It will im- marks on the body, but it causes ex- When the memo—this is the Bybee prove the quality of intelligence gath- treme physical and psychological suf- memo—became public, its flaws were ering, and protect own personnel from fering. obvious. Dean Harold Koh of Yale Law facing punishment, condemnation, or A French journalist, Henri Alleg, was School testified that in his professional mistreatment anywhere in the world. subjected to this method of interroga- opinion as a law professor and a law It will make us more, not less, safe. tion during the struggle for Algerian dean, the Bybee memoranda is ‘‘per- Torture is a defining issue. It is clear independence. He wrote in his 1958 book haps the most clearly legal erroneous that under the Bush administration we ‘‘The Question’’:

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I had the impres- Human Intelligence Collector Operations sion of drowning, and a terrible agony, that waterboarding had traveled from ty- that was published last year shows that the of death itself, took possession of me. rant regimes, through the SERE pro- techniques in the manual work effectively Waterboarding is associated with gram, and infected America’s body and humanely in eliciting information from criminal, tyrant, and repressive re- politic. detainees. gimes, with rulers who sought from Retired BG David Irvin, of the U.S. The cochairs of the 9/11 Commission their captives not information but Army Reserve, a former intelligence emphatically agree. On Monday, the propaganda, meant for broadcast to officer and instructor in interrogation, chairmen, together with two former friends or enemies whether true or and Joe Navarro, interrogator with the Secretaries of State, three former Na- false. Regimes that employed the tech- FBI, recently wrote: tional Security Advisors, and other na- nique of waterboarding generally did [T]here is considerable evidence that the tional security experts, wrote that not do so to obtain information; rath- CIA had to scramble after 9/11 to develop an ‘‘[c]ruel, inhuman and degrading treat- er, to obtain compliance. But no mat- interrogation program and turned to individuals with no professional experience in the ment of prisoners under American con- ter the purpose or the reason, its use field. . . . Given the crisis atmosphere of the trol makes us less safe, violates our na- was and is indefensible. day, it is all too easy to believe the comment tional values, and damages America’s Water torture was not unknown to of an intelligence insider who said of the se- reputation in the world.’’ Americans. A 1953 article in the New cret program to detain and interrogate al Torture is ineffective. It is wrong. It York Times quotes LTC William Har- Qaeda suspects that ‘‘quality control went is dangerous to all those who serve the rison of the U.S. Air Force, who said he out the window.’’ United States of America in harm’s was ‘‘tortured with the ‘water treat- Don’t let us jump out the window way. It should never, ever be used by ment’ by Communist North Koreans.’’ after it. any person who represents the United In testimony before a U.S. military tri- America’s military is expressly pro- States of America or any agency that bunal, CAPT Chase Jay Nielsen de- hibited from using torture because in- flies the American flag. scribed being waterboarded by his Jap- telligence experts in our Armed Forces I was proud last July to introduce an anese captors following the 1942 Doo- know torture is an ineffective method amendment in the Intelligence Com- little raid by U.S. aviators. From all of obtaining actionable intelligence. mittee that would write this rule into this, America’s military knew there Again, I will speak later about the law. When that effort did not succeed, was a chance our servicemen and serv- false assertion that this program was I was proud again last winter to sup- icewomen would be subjected to water designed for 18-year-old novices. Some port Senator FEINSTEIN’s amendment torture. of the most sophisticated intelligence in conference. The Defense Department established interrogations are done by our military I call on all my colleagues to support the SERE program—survive, evade, re- after intense training. Our military ad- this legislation. We can journey no sist, and escape—to train select mili- heres to the Army Field Manual on longer down Winston Churchill’s stair- tary personnel who are at high risk of Human Intelligence Collector Oper- way which leads to a dark gulf. As Win- capture by enemy forces or isolation ations. At a hearing before the Senate ston Churchill said: within enemy territory. The program Select Committee on Intelligence, on has also subjected certain service per- which I serve, I asked COL Steven It is a fine broad stairway at the beginning, but after a bit, the carpet ends. A little sonnel to extreme interrogation tech- Kleinman, a 22-year veteran of interro- farther on, there are only flagstones, and a niques, including waterboarding, in an gations, a senior intelligence officer in little farther on still these break beneath effort to prepare them for the worst— the U.S. Air Force Reserves, and a vet- your feet. the possibility of capture and torture eran interrogator with plenty of expe- The United States of America—the at the hands of a depraved or tyran- rience overseas in the Middle East, city on a hill, the light of the world, nical enemy. about his experience conducting inter- the promise of generations—must not According to Malcolm Nance, a rogations using the Army Field Man- ever condone torture. Torture breaks former master instructor and chief of ual. that promise. Torture extinguishes training, at the U.S. Navy SERE school He said: that light. Torture darkens that city. I in San Diego: I am not at all limited by the Army Field hope by our actions today, we in the [O]ur training was designed to show how an Manual in terms of what I need to do to gen- evil totalitarian enemy would use torture at erate useful information. . . . I’ve never felt Senate will help turn this country back the slightest whim. any necessity or operational requirement to toward our centuries-old promise. I Those who have experienced this bring physical, psychological or emotional hope we will turn toward the light. technique, even at the hands of their pressure on a source to win their coopera- I yield the floor. tion. own brothers in arms, are unequivocal The PRESIDING OFFICER. The Sen- about its effect. Former Deputy Sec- A significant number of retired mili- ator from West Virginia. retary of State Richard Armitage, who tary leaders have written to the chair- Mr. ROCKEFELLER. Mr. President, I underwent waterboarding during SERE man and vice chairman of the Intel- almost have no words to praise the training, said this: ligence Committee saying: Senator from Rhode Island for the elo- As a human being, fear and helplessness interrogation methods authorized by the quence and strength of his speech, are pretty overwhelming. . . . this is not a field manual have proven effective in elic- which was not only grounded in very discussion that Americans should even be iting vital intelligence from dangerous deep substance but was delivered with having. It is torture. enemy prisoners. . . . And the principles re- elegiac nature that both culled the flected in the Field Manual are values that Our colleague in this body, Senator no U.S. agency should violate. human spirit as well as grounded the futility of torture. I congratulate him. John McCain, has said the same. Yet it And GEN David Petraeus, com- was to this relic of the dungeons of the mander of U.S. forces serving in Iraq, I also rise strongly in support of sec- inquisition, of the Cambodian killing reiterated this point when he wrote tion 327 of the intelligence authoriza- fields, and of the huntas of the South- last year to every soldier serving in the tion conference report. I recognize it ern Hemisphere that the Bush adminis- Iraq theater: will be controversial. I don’t care. It is tration turned for guidance. I will important that some background on Some may argue that we would be more ef- speak later about how our Department fective if we sanctioned torture or other ex- this section be provided. Some of it has of Justice came to approve this. But pedient methods to obtain information from been this morning. During the con- for now, we know that last week, in a the enemy. They would be wrong. Beyond ference on the authorization bill, the stunning public admission, the CIA Di- the basic fact that such actions are illegal, conferees adopted an amendment that

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So it was a majority of the representatives of the American ercive interrogation techniques has those two committees that came to people. In the early period of the CIA prevented an imminent terrorist at- that conclusion. program’s existence, I repeatedly tack. Section 327 of the intelligence au- called—and I am extremely frustrated This is true for a very simple reason. thorization conference report directly by this, extremely frustrated—for an Once a terrorist is captured, his fellow parallels the provision in the Detainee Intelligence Committee investigation plotters, understandably, change their Treatment Act that forbids subjecting into the Agency’s detention interroga- plans. In other words, I do not believe anyone in Department of Defense cus- tion practices. the CIA has ever been in an actual tody to any treatment or technique of That was in the committee. I was, at ‘‘ticking timebomb’’ scenario, nor do I interrogation not authorized by and that point, vice chairman and could think it is ever likely to be placed in listed in the U.S. Army Field Manual not control, obviously, the vote. So on that situation. That does not mean the on intelligence interrogation. Section vote margins of one, we lost. We could information obtained from the program 327 applies these same restrictions to not get anything going in the way of has not been valuable. Of course infor- the intelligence community at large. studying the subject and investigation mation about al-Qaida is exceedingly The effect of section 327 is, therefore, of the subject. Then I moved to the valuable from an intelligence stand- to require all of the U.S. Government floor and once again could not get the point. It is bits and pieces of informa- operate their interrogation programs committee to investigate the subject. I tion that allow our intelligence profes- under a single interrogation standard, also tried to have the CIA brief all the sionals to assess al-Qaida’s capabilities the standard set by the U.S. military. members of the committee on the in- and to determine how best to protect Adopting the military standard for interrogation program. That also did not ourselves as a nation. But, more to the terrogation as the universal standard happen. point, I have not heard nor have I seen makes sense, and I hope some of my I recognized that assessing the need any evidence that supports the intel- colleagues are listening. It is the mem- for the CIA’s enhanced interrogation ligence community’s claim that using bers of the military who most benefit techniques, the intelligence obtained enhanced interrogation techniques is from reciprocal obligations of the Ge- from detainees, and the importance of the only way to obtain this type of in- neva Convention requiring humane maintaining America’s position in the telligence; that is, to get what they treatment of prisoners and who are world were issues that we in Congress need to get. most likely to be subjected to retalia- needed to debate and discuss, and, un- After 9/11, the intelligence commu- tion based on the failure of the United fortunately, we did not. nity decided that coercive interroga- States to follow those obligations. About a year and a half ago, the full tion tactics were the best way to ob- That statement is frequently made, membership of the Intelligence Com- tain intelligence. It was perhaps a lit- and then it is frequently absorbed and mittee was finally provided informa- tle bit understandable then in terms of discarded. Think about it. Retaliation tion about CIA’s interrogation pro- the general panic of the Nation. But is the way of the world, and it will be gram. It is the whole point of over- the intelligence community—I say this no different here. What we do to oth- sight. They are not accustomed to us gravely—did not take the time to reers, they will do to us. doing that—not just the CIA, but the search what interrogation techniques The U.S. Army Field Manual on in- intelligence community—having rep- might be most effective to come to this terrogation was revised in September resentatives of the people asking ques- conclusion, nor did they reach out to 2006 after significant interagency re- tions. They think it is an elite field for the interrogators with experience, par- view. This included a review by the them. They are proud of their tradi- ticularly those questioning Islamic ter- Central Intelligence Agency. By pro- tions. They fight among themselves, rorists. They did not do that. They viding a number of approach strategies and they do not build into their think- were going to do it their way. They such as the incentive approach, emo- ing what it is that the Congress might simply assumed—and they simply still tional approach, and the Mutt-and-Jeff feel about this. assume—that coercive interrogation approach, the Army Field Manual gives About a year and a half ago, as I say, techniques were the best way to obtain interrogators significant flexibility to we were brought into their interroga- information. shape the interrogation. It doesn’t de- tion program. Since that time, our To this Senator, this was clearly a lineate exactly how. It gives them a lot committee has held multiple hearings flawed approach. But at this point, the of flexibility. on that subject. We have done our best administration is so invested in the use The Army Field Manual also explic- to learn as much as possible about the of these techniques they can no longer itly prohibits, as we know, basis for and the consequences of CIA’s psychologically or otherwise step back waterboarding, forcing detainees to be program, as well as interrogation in to assess what methods are most effec- naked, inducing hypothermia or heat more general terms. tive to obtain intelligence. They go by injury or subjecting a detainee to beat- These briefings and hearings have led the mantra, they go by what has been ings, as well as a number of other the committee to conclude that all done before. things. All this raises the question at agencies of the U.S. Government To address this question, the com- the heart of this debate: Should the should be required to comply with a mittee explored how other Government Central Intelligence Agency, the well- single standard for interrogation of de- agencies conduct interrogation. The known CIA, be allowed to use coercive tainees. The Army Field Manual pro- committee considered critical interro- interrogation techniques to obtain in- vides a standard of humane treatment gations of individuals who do not want formation from al-Qaida detainees? that indisputably complies with our to disclose information—people who This debate is about more than legal- international obligations under the Ge- are hardheaded and do not want to ity. It is about more than ensuring neva Conventions, as well as with U.S. talk—interrogations where obtaining that the intelligence community has laws. information can prevent widespread in- the tools it needs to protect us. It is The CIA has briefed the committee jury or death. also about morality, the way we see on several occasions about its interro- Every day, military interrogators in ourselves, who we are, who we want to gation of al-Qaida detainees. The CIA Iraq and Afghanistan question individ- be as a nation, and what we represent has described the basis for the pro- uals with information that can save

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2030 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 lives—every single day—questions and misleading intelligence reports. in the Middle East it becomes much about where explosive devices are hid- This is not academic or hypothetical. easier for al-Qaida and those who den, where captured soldiers have been Bad intelligence is a real danger. would do us ill—and people within the taken, or where caches of weapons are In the early years and months after United States who may belong to no stored, and a lot more. 2001, we were awash with bad intel- formal organization like that at all—to Now, the CIA loves to argue: Oh, but ligence in Washington, DC, not all of it develop anger, to develop a search for they are just 18- to 20-year-old kids. coming out of coercive techniques, but meaning to their lives because they do They don’t have the experience. We out of a complete misunderstanding of not see hope in their lives, and so they have experience. We have experience. what intelligence is all about. In fact, join. They join a group that will do We have been at it. We are the profes- there was a condescension from the ad- damage. Some of our techniques have sionals. They did that at our public, ministration about the role of intel- significantly increased the likelihood open threats hearing a week or so ago. ligence in providing reliable informa- of that happening. Now, there is something called the tion. So this is not an academic or hy- Rather than being a world leader in FBI. They deal with pretty bad people, pothetical point. Bad intelligence is a human rights, we have become known too. Their agents face life-and-death real danger when employing coercive for the unapologetic use of aggressive situations in both the world of ter- interrogation techniques. interrogation techniques. Indeed, even rorism and every-day criminality. Intelligence reporting from an al- Canada has included us on a list of Some of the individuals the FBI inter- Qaida detainee—a very famous one countries that engage in torture. rogate are senior leaders, individuals named al-Libi he said Iraq was pro- Allowing the CIA to continue to use who are committed to staying silent viding al-Qaida training in chemical coercive interrogation techniques that and not sharing the information they and biological weapons prior to the are not part of the Army Field Manual possess. In fact, FBI agents recently war, which was publicly trumpeted by is another piece of fodder for terrorist questioned the top al-Qaida leaders the President of the United States, by propaganda that cannot be underesti- who were formerly in CIA custody, the Secretary of Defense, by the Sec- mated. It is not just a rhetorical state- gathering enough information from retary of State, and other senior ad- ment. It cannot be underestimated. It those al-Qaida leaders to build cases ministration officials as proof of oper- is no way to win the hearts and minds for trial, which we have recently read ating links between Iraq and al-Qaida of the Muslim world. Ultimately, the about. and, therefore, as a basis for going in war on terrorism is a war of ideas. Some of these FBI agents have been to invade Iraq. Without a public standard of humane conducting interrogations for two or Of course, basically all of us feel now treatment, it is impossible to convince three decades. That does not sound like that what the President said on March the world that we take our inter- 18- to 20-year-olds. They are, without 23 in the other body, in his speech national obligations seriously, that we question, recognized experts in their which gave him the authority to go to treat people humanely, and that we are field, and they are remarkably effec- war, was based on intelligence which a country of laws and we adhere to tive at obtaining the information they was almost entirely incorrect, and vir- these laws. need. Yet both the FBI and the mili- tually everything he said, other than We must uphold those standards that tary have told us they do not need en- some rhetoric here and there—every- differentiate us from the terrorists hanced interrogation techniques. Are thing he said turned out to be wrong, whom we are fighting. If our Govern- these naive organizations? Are these and, therefore, was one of the most ex- ment continues to use secret interroga- people who do not know what they are traordinary disservices to the Amer- tion techniques that many are con- talking about? Are these people who do ican people, not to speak of the dead vinced constitute torture, America’s not have stakes at hand? They are out and the wounded, that I can remember standing in the world will continue to on the battlefield. They are not only at in my lifetime. But the Nation was in- go down even more. Every time it goes Guantanamo. They are out on the bat- spired by the thought of fighting ter- down, there are more people who sign tlefield. They have told the committee ror, and so on they went. up to do us harm. the interrogation techniques included Ultimately, al-Libi, who said these The Israeli Supreme Court concluded, in the Army Field Manual provide things, recanted. He recanted, and it when it forbade the use of harsh inter- them with flexibility they need to ob- was determined by the CIA that he had rogation techniques, the following: tain the information they need. fabricated this central allegation of This is the destiny of democracy, as not all Indeed, representatives from both the this link between al-Qaida and Iraq and means are acceptable to it and not all prac- military and the FBI—both—stated other information based on his claim of tices employed by its enemies are open be- emphatically they have the tools they mistreatment during the interroga- fore it. Although a democracy must often fight with one hand tied behind its back, it need to obtain necessary and reliable tions. nonetheless has the upper hand. Preserving intelligence. So this is not an academic point. the rule of law, and recognition of an indi- After considering the CIA’s argu- America went to war based on an al- vidual’s liberty, constitutes an important ments, and those of the FBI and the leged threat that was partially based component in its understanding of security. U.S. military, I am simply not con- on fabricated information produced At the end of the day, they strengthen its vinced that harsh CIA tactics are nec- under coercive interrogation. spirit and its strength and allow it to over- essary to obtain intelligence informa- Apart from the question of efficacy come its difficulties. tion. and the risk of bad intelligence, the So in closing, passing section 327 is We also had people who were neutral committee has explored the con- critical to regaining our moral author- who had experience in interrogation sequences of having a different, secret ity in the world—which is a little bit but were not currently in the practice standard of interrogation for the intel- too easy to say; it is going to take a lot of it. Their information to us also was ligence community. This is where the more than that but it is a start—and that to terrorize, to torture, to man- need for section 327 becomes clear. convincing people that the United handle, to do whatever, does not work. Since the disclosure of information States believes in due process and Human beings are human beings, and about the existence of secret prisons, human rights rather than fear. Having there are ways to get at them. In fact, and the use of harsh interrogation a separate standard of interrogations coercive interrogation techniques can techniques, the reputation and moral for the CIA—as much as it may want to lead prisoners—and probably will in authority of the United States have have it, as much as it may have pride many cases—to say anything at all for suffered dramatically. It is not a casual in having their secret standard, as the purpose of stopping the interroga- statement. One can say, yes, a lot of much as they talk about 18- to 20-year- tion. As a result, coercive techniques people have said that. But when that is olds—is simply not worth the cost. I, can produce information that is fab- true, that means that in Africa and therefore, urge my colleagues to sup- ricated and ultimately lead to flawed Southeast Asia and South America and port section 327.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2031 But no matter how the Senate votes ligence, at least in comparison with measure of how we advance the rule of on this motion, if it comes up, the CIA the last 3 years. Last night, we passed, law. The balance of powers so beau- should very carefully consider the ac- after over a year of work and prepara- tifully articulated in our system of tions of the House and Senate Intel- tion, including the 6-month interim government requires an active role for ligence Committee. All Members need Protect America Act, the FISA mod- this body and, since the 1970s, we have to consider what this large group con- ernization bill. I truly hope our House institutionalized a role of oversight for cluded. The members of our commit- colleagues can expedite this bill and intelligence in the two committees of tees are the only Members of Congress get it to the President for his signature the Senate and the House. who have been briefed on the program before the legal regime governing our Our principal vehicle is the author- and who are privy to the administra- essential technical capabilities expires ization bill. This process has been de- tion’s best arguments in support of the this weekend. railed for several years now, as Mem- program. That has to be said from time I wish to congratulate both the bers operating with individualized to time, and it sounds a bit arrogant, chairman, as I have said here earlier, agendas have created a dynamic that but there are people on the Intelligence and vice chairman, Senator BOND, for has thwarted the institutional need for Committees, both in the House and the their sustained efforts on this issue. It authorization. It is a fact that, if some Senate, who get briefings, and they wouldn’t have been passed without concede that an authorization bill is know things that are not necessarily their sterling leadership and their will- not essential, the self-moderating dy- known to the rest of the Congress. Yet ingness to make some tough calls and namic that keeps one from offering despite those briefings, a bipartisan to stick to them. controversial amendments on a bill is I have often said I am majority of both the House and the removed. We have seen this with the metagrobolized—confounded, you Senate Intelligence Committees have foreign relations authorization bills. I might say—that we have heard about determined that it is in the Nation’s don’t want to see it happen with the in- the asymmetrical advantages that our best interest to have only one standard telligence authorization bill. terrorist enemies have, while we are re- of interrogation, a standard that can This year’s bill has some very impor- luctant to use our own significant tant measures in it, most of them in be publicly judged by the entire world, asymmetrical advantages to defend the classified annex and therefore not and this judgment by the representa- ourselves from these terrorists’ inten- subject to discussion now. It is, after tives of the American people—that is, tions. The terrorists do have asymmet- all, an authorization for the intel- what we did in the conference com- rical advantages, to be sure: They are ligence community—or IC—which does, mittee—cannot be ignored. substate actors, and they do not oper- after all, require a minimum of secrecy Mr. President, I yield the floor. ate according to any national or inter- The PRESIDING OFFICER. The Sen- to function effectively. The bill does national law, including the law of war. ator from Utah is recognized. have measures in the unclassified They hide among civilians, target ci- Mr. HATCH. Mr. President, I com- annex worthy of passage, however, to vilians, and terrorize civilization. If al- pliment my distinguished friend from include additional and needed authori- Qaida could get its hands on a weapon West Virginia. He has been a very bi- ties for the Director of National Intel- of mass destruction, everything we partisan worker on the Senate Select ligence, directions on personnel level know about them suggests they would Committee on Intelligence. I have been assessments for the IC, directions on use it against the West. business enterprise architecture mod- on that committee for an awfully long But we in the West also have asym- time, and I have a lot of respect for ernization, and limits on excessive cost metrical advantages as well. Two sig- growths of certain systems. him. I just want to make that point for nificant advantages are our techno- The bill, however, has been strapped the record. I know he spends a lot of logical prowess and our adherence to by a provision added during conference time trying to do his job well. We don’t the rule of law. Our technology, as we that was not a part of either the House always agree, but we do agree on an have revealed in more ways than I or Senate bills going into conference awful lot. I particularly appreciate his think prudent in our open debate, pro- that would in this case limit all IC in- work on the FISA bill. I know it is a vides us unparalleled advantages in terrogation techniques to the Army very difficult position for him to be in. tracking the enemy. Our collection has Field Manual. Now, this provision is It is a very technical, very difficult prevented terrorist attacks against us, widely seen as a prophylactic against bill, a complex bill, with a lot of mat- and our continued collection makes the the use of torture, and there begins the ters conducted in public. I think he did enemy dedicate a significant amount of misconceptions. a terrific job in seeing this bill through its time to avoiding us—time that it The United States does not torture. to the Senate floor. would use plotting against us. In this Whether the process known as I also would like to take a moment sense, our technological collection is waterboarding constituted torture to thank my colleague and friend who not just a defensive tool but an offen- when it was used in three cases in the works with me, Jesse Baker. He is a sive tool as well. Americans and their past—and we cannot discuss exactly Secret Service detailee on my staff leaders are right to expect that all of how it was used here—is a debate to be who has been invaluable in helping me this Nation’s activities should adhere held among historians and scholars of prepare for the important FISA debate. to the rule of law, and this long debate the law. I do not wish to inhibit that I also thank the very able counsel of over FISA modernization should, at debate. I also do not wish to violate the Intelligence Committee, Kathleen the very least, assure everyone that we U.S. domestic law or international law Rice, along with Jack Livingston, Mike adhere to a legal regime, even when it to which we are committed as a nation. Davidson, and Chris Healey, all of seems aggravatingly slow to adjust it The rule of law serves our advantage. whom I think played a significant role to modern technology and threats But the conflict over what was lawful in the FISA bill, among so many other unimagined in the 1970s when the origi- in interpretation in the first 2 years things as well. I also would like to pay nal FISA Act was enacted. after the 9/11 attacks recognizes, to the tribute to my colleague on the Intel- So I again wish to congratulate the honest analyst, that there is murkiness ligence Committee, my staffer who chairman and the vice chairman for at the intersection of law, policy, and works with me, Paul Matulic, who is their leadership in getting this impor- legal interpretation. That has always one of the most articulate and knowl- tant piece of legislation passed, finally, been the case. As I say, I do not want edgeable foreign policy people in gov- last night. It was a major banner day to inhibit this debate. ernment today. I am very grateful for for us. This bill was long overdue, and I also do not wish that historic de- his work and the effort he has put forth I give credit to those who have worked bate to inhibit any techniques we need to try to assist me in these very dif- so hard—long and hard—to see that it to use for interrogation today. Last ficult times and very difficult jobs. was done. week, in an open session of the Senate This might be a historic week for the The passage of an intelligence au- Select Committee on Intelligence, Di- Senate Select Committee on Intel- thorization bill is also an important rector Mike Hayden—General Hayden—

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2032 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 spoke forcefully, openly, and are brave, dedicated warriors, but most to speak for 15 minutes as in morning articulately about the issue of of whom are young and inexperienced business and to yield some of that time waterboarding. He said in public that, in the needs of interrogation. They to the distinguished Senator from No. 1, less than one-third of less than should have their manual. I must point Pennsylvania who joins me on the 100 detainees held by the CIA since 9/11 out, however, that Army Field Manuals floor. have ever been subjected to enhanced are subject to revision by the Execu- The PRESIDING OFFICER. Without interrogation techniques. No. 2, of that tive at any time, so that we in Con- objection, it is so ordered. small sample, only three have been gress are acting a little too self-satis- NOMINATION OF DAVID DUGAS subjected to waterboarding. No. 3, fied by this simple gesture if we actu- Mr. VITTER. Mr. President, I come waterboarding has not been used for al- ally believe we are rectifying the rule to the floor with welcome support of most 5 years. Yet we have heard noth- of law. the distinguished Senator from Penn- ing but screaming about this issue, as I say, let’s have this debate and let’s sylvania, who serves so ably on the Ju- though it was relevant today. really define what it is we wish to pro- diciary Committee, to talk about the As Director Hayden went on to state, scribe, and let’s understand the needs pending nomination of David Dugas to there is a universe of lawful interroga- of our intelligence and the con- fill a vacancy in the Middle District of tion techniques. This includes FBI pro- sequences for our actions—con- Louisiana. cedures, the Army Field Manual, and sequences that could be very grave if This is a vacancy that has existed for the enhanced interrogation techniques we keep playing games with these over a year, and, in fact, coming up used by the CIA, but which, I repeat, issues—or should I say political games. very soon in March will unfortunately, does not include waterboarding today. Both would be wrong, in my opinion. if we do not act before then, will be The DCI made it plain—the Director of Much of this debate must be classified, noting the 1-year anniversary of the Central Intelligence made it plain that but the Senate has procedures for nomination of David Dugas to fill this the CIA will play to ‘‘the edges that closed sessions, and, after all, the Sen- vacancy in the Middle District of Lou- the American political process allows ate Select Committee on Intelligence isiana, of course nominated by Presi- us. It is our duty to play to that edge.’’ was created for just this need. I serve dent Bush. The DCI also made it clear that if the on that august committee, and I have Mr. Dugas is currently U.S. attorney Congress directs that line is set by the served on it for a long time. in that same district. In that capacity, Army Field Manual, then that will be Sometimes I feel as if I am on the of course, he had to come before this the line in law that CIA officers will re- corner of sanctimony and righteous- Senate and be confirmed; and he was spect and adhere to. ness. Sanctimony has popular appeal— by unanimous consent. So that was a So Congress must act soberly and reit gains the approving tut-tutting of very resounding confirmation of him, which included support by my col- sponsibly in addressing the question of the chattering masses. Often it is more league from Louisiana, Senator enhanced interrogation techniques. As bombast than substance, more Bab- the hearing last week made clear to LANDRIEU. bittry than bravery. Righteousness is In terms of this judicial nomination, anyone listening, the various ap- not always a function of the approval Mr. Dugas has received the highest rat- proaches—FBI techniques, DOD’s Army of the masses. Those who go to war to ing possible by the American Bar Asso- Field Manual, and CIA’s enhanced defend do things that are lawful but ciation. He is eminently qualified. techniques—address various subjects sometimes unpleasant—sometimes There is nothing in his background or under different circumstances with dif- very unpleasant. In the choice between his dealings or his job as a U.S. attor- ferent sets of goals. Director Maples sanctimony and righteousness, I will ney that remotely suggests otherwise. told me he could not imagine that any- choose the latter. Yet there has been great delay and one would have objected to the use of I do not wish to calumniate anyone obstructionism, in my opinion, in current enhanced techniques if they in this debate. I presume that people terms of considering this worthy nomi- could have gained the intelligence that are motivated by the purest of motives, nation. In fact, even though we are would have prevented the attack on as is always the case in the Senate—or coming up on the 1-year mark of Presi- the USS Cole. should I say I hope it is always the case dent Bush’s nomination of him, he has In my mind, the greatest advantage in the Senate. I wish, however, that we yet to receive a hearing before the Ju- of the enhanced interrogation tech- had more substantive debate on some diciary Committee because my col- niques is the public ambiguity sur- of these difficult questions. league, Senator LANDRIEU, has not rounding the fact that they are classi- So because this conference report in- turned in her so-called blue slip. fied. I don’t want an al-Qaida operative cludes a measure limiting interroga- I rise to make note of this, and in a we have just wrapped up to know what tion techniques for our intelligence few minutes I will have a unanimous is in our playbook. But I want to make professionals in the Army Field Man- consent to propose to the Senate to clear, ambiguity is not—I repeat, not— ual—a measure added at the last remedy this situation. I have also spe- a cloak for torture. minute in conference, something that cifically invited Senator LEAHY, Chair- I can’t go into details here, but I can was in neither bill, the House’s or the man of the Judiciary Committee, and say I have been constantly amazed as I Senate’s—I will vote against the con- Senator LANDRIEU, my colleague from have studied this issue in the Intel- ference report and urge us all to re- Louisiana, to join us on the floor for an ligence Committee over some of the engage in this debate so that the lines appropriate colloquy. sanctimony that has been used by some of law we draw, that our intelligence With that introduction, I yield such people on the Senate floor addressing professionals will respect, are lines time as he would consume to my dis- this issue, and off the Senate floor as that also maintain our best defenses tinguished colleague from Pennsyl- well. I can quite comfortably say there within the rule of law. vania, the ranking member of the Judi- are actions the American public has I suggest the absence of a quorum. ciary Committee. routinely witnessed on some of our The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- most popular television police shows MENENDEZ). The clerk will call the roll. ator from Pennsylvania. over the past two decades that would The assistant legislative clerk pro- Mr. SPECTER. Mr. President, I join exceed anything in the enhanced inter- ceeded to call the roll. the Senator from Louisiana in his re- rogation techniques allowed by the Mr. VITTER. Mr. President, I ask quest to have a hearing and then pro- CIA. I find this to be ironic. unanimous consent that the order for ceed with an up-or-down vote. I have I cannot support this conference re- the quorum call be rescinded. reviewed the record of the nominee. It port if it has the language limiting in- The PRESIDING OFFICER. Without appears to me that the nominee is terrogation to the Army Field Manual. objection, it is so ordered. qualified for the position. This is a manual written for our sol- Mr. VITTER. Mr. President, I ask In his service as a U.S. attorney, he diers, all of whom I think we all agree unanimous consent that I be permitted has already had Senate confirmation.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2033 But the basic proposition of having a nation some time ago. That was March serve better. The people of Louisiana hearing and a vote, I think, is very fun- of last year. We are coming up quickly and of the country want us to act as damental to so many pending nominees on the 1-year mark of this nomination. grownups and to come together and do beyond the nominee addressed by the The vacancy in the Middle District has our work in a timely, respectful way. Senator from Louisiana today. been open even a little bit longer, over They don’t think this sort of partisan- I have discussed this issue on a num- a year. ship and obstructionism, particularly ber of occasions with the senior Sen- Because of that, a backlog of cases is over judgeships, falls into that defini- ator from Louisiana, and she has been quickly mounting in the Middle Dis- tion. of the view that she ought not to re- trict. The Middle District is an area This got particularly bad a few years turn the blue slip, and I respect her de- surrounding Baton Rouge, LA, the cap- ago. I was hopeful. Since I have been cision. But I also respect the position ital of the State. It has felt a huge in- here, not because of my influence but of Senator VITTER in trying to move flux of people, of residents, and of liti- just in general, since I got here, the forward. gation, largely because of Hurricane Senate has become more responsive It would be my hope that we could Katrina. and more responsible about nomina- come to some accommodation, that we Because of that, because of this va- tions, particularly judicial nomina- could find some way to set a timetable cancy, judicial backlogs have been tions. Unfortunately, this is a clear ex- for a hearing, at least on that. mounting and mounting. We are not ample in the other direction. Let’s Senator VITTER has advised me that quite to the point—and this is defined clear up this example. Let’s move it off he has written to both the distin- in law and by rules of the court—we the list of those examples of partisan- guished chairman and the senior Sen- are not quite to the point that it is de- ship and obstruction. Let’s act in a rea- ator from Louisiana and that there is fined as a ‘‘judicial emergency,’’ but we sonable—late, by now, but reasonable to be a unanimous consent request. I are quickly coming up to that line. way, finally moving forward with this So the people of Louisiana, the peo- know Senator VITTER will await the ar- highly qualified nominee before this rival of someone who can object be- ple of the Middle District are not being district gets to a state of judicial emer- served well and properly and as quickly cause my expectation is a unanimous gency, which is looming. consent request will be objected to. But as they should be. This vacancy needs That is my simple and reasonable re- the issue involved is to raise the issue to be filled for that reason. quest. With all that background, I will Now, let us look at the man who and to make the point as to what has now propound a unanimous consent re- President Bush has chosen to fill the happened and to try to see if there can quest. vacancy. By all accounts, he is emi- be some accommodation, as noted by I ask unanimous consent that if the nently qualified. Mr. Dugas is the sit- the floor discussion today. Committee on the Judiciary has not ting U.S. attorney in the Middle Dis- I see Senator VITTER nodding in the held a hearing on PN 349, the nomina- trict. He has done a very fine job in affirmative. In my capacity as ranking tion of David Dugas of Louisiana to be that position, has won praise from member on the Judiciary Committee, I U.S. district judge for the Middle Dis- many different quarters, particularly would like to get these nominations to trict of Louisiana, and reported the from law enforcement. move forward. He has many admirers and allies in nomination to the Senate by March 19, I yield the floor. the law enforcement community: Sher- 2008, which would be the 1-year anni- Mr. VITTER. I thank the distin- iffs across the State, chiefs of police, versary of his nomination being trans- guished Senator from Pennsylvania, district attorneys, many others. They mitted, that on the next calendar day first for his service on the Judiciary have written in to many of us about the Senate is in session, the Committee Committee; it has been very distin- this nomination in strong support. on the Judiciary be discharged from guished, to serve there as many years Mr. Dugas was already considered by further consideration of the nomina- very ably, now-ranking member, and the Senate, of course he had to be, for tion; that the Senate proceed to execu- specifically for his support on this his present job of U.S. attorney. He was tive session to consider the nomina- nomination and others to try to break considered very favorably. In fact, it tion; that there be 1 hour of debate through the gridlock, break through was considered completely non- equally divided between the chairman the partisanship, move forward in a controversial, and he was confirmed and the ranking member of the Com- positive way for the country. swiftly by unanimous consent. In that mittee on the Judiciary or their des- I believe that is absolutely necessary process, of course, my colleague, Sen- ignees; that upon the use or yielding in a number of cases, but the one that ator LANDRIEU, was here at the time back of such time, the Senate imme- surely hits closest to home for me is and was part of that very positive diately proceed to a rollcall vote on the this nomination of David Dugas to a sweeping confirmation. nomination; that if the nomination is judgeship in the Middle District of As I said, for this judicial vacancy, confirmed, the motion to reconsider be Louisiana. So I thank the ranking Mr. Dugas has received the highest rat- considered made and laid upon the member for all his help and support; I ing possible by the American Bar Asso- table; that the President be imme- know it will continue. ciation. That is a distinguished profes- diately notified of the Senate’s actions; Again, let me note I wrote to Chair- sional organization, it is not political, and that the Senate then resume legis- man LEAHY that I would be taking the it is certainly not leaning to the right. lative session. floor this week to make the upcoming Nobody would think that. They have The PRESIDING OFFICER. The unanimous consent request. I did the rated this nominee of President Bush Chair, in my capacity as a Senator same to my colleague from Louisiana, with their highest rating possible for a from the State of New Jersey and on Senator LANDRIEU. As soon as we fig- judicial nomination. behalf of the majority leader, objects. ured out the time that would be avail- Yet this languishes and languishes. Mr. VITTER. Of course, I am dis- able, we sent them word, and I sin- In another month’s time, we are going appointed—not surprised but dis- cerely hope they can both join me on to be on the 1-year mark of the nomi- appointed—at the objection. the floor because I think it would be nation, with this backlog of cases I resume my plea specifically to Sen- very useful and very informative to mounting, as we near a judicial emer- ator LEAHY, chairman of the com- have an appropriate discussion and col- gency in the district. mittee, and to Senator LANDRIEU, who loquy about this case. So I certainly I do not think that is right. I do not has not turned in her blue slip and is invite that. I would encourage them to think that is serving the people of Lou- thus the reason for the committee not accept the invitation to join me on the isiana at all. I do not think that is even holding a hearing, that we move floor. serving the people of the country at beyond this, that we have a hearing on Let me point out and reiterate some all. this eminently qualified nominee. If very important points about this nomi- Mr. Dugas deserves better. More im- there is a reason to stop the nomina- nation. President Bush made the nomi- portantly, the people of Louisiana de- tion, surely a hearing is the best venue

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2034 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 and the best vehicle to illustrate that more than to kill Americans and at- is a practice that has been around for and talk about it. I hope we move be- tack our country. So passing an intel- centuries, and it has been known— yond the pure obstructionism and par- ligence authorization bill that provides widely known—as torture for a long tisanship that has us stuck in the mud the resources, provides a structure for time. In fact, waterboarding has been with a judicial emergency in the Mid- a good system of intelligence is very prosecuted as torture and as a war dle District looming. important to the safety and the secu- crime on many occasions in history. This is exactly the sort of obstruc- rity of this great country. That is what Trying now to claim it is legal, that it tion the American people are tired of. the debate is about. That is what the is not torture, or that it is something They spoke clearly to this over the last upcoming vote is about. other than torture doesn’t square with several years about judicial nominees. But there is one provision that has the facts. Second, history teaches us Maybe we got a little better, but here caused a special concern for some in that torture is not effective. Aside we are again in terms of this matter this Intelligence reauthorization bill, from the question of morality, it is not and this case which is surely important and I want to talk about it a bit. That effective. Those who know tell us that to Louisiana. I urge all of my col- is the provision that deals with the those being tortured will often tell you leagues to work beyond this. Specifi- subject of torture. anything they think you want to hear cally, I urge the chairman of the Judi- One of the most important provisions in order to have the torture stopped. ciary and Senator LANDRIEU to work in this legislation is one that makes The provisions in the Army Field beyond this. It is unfortunate that they the Army Field Manual provisions on Manual set forth the many approved couldn’t accept my invitation to have a interrogations applicable to all U.S. methods to get reliable information, useful, informative dialog and colloquy Government personnel. Right now, but those methods do not include what on the issue on the floor. There has those provisions which forbid torture is defined as torture. been no good explanation for inaction apply only to the military. Those pro- The question about torture is: If you that I have ever heard. A lot of people visions do not apply to some others decide that torture is appropriate and would like to hear some discussion and that are conducting interrogations on available as a tool for our country to explanation. I hope we will hear that behalf of our Government. That means use, why stop at waterboarding? There soon. I hope in the very near future we that some others who work for the U.S. are many other forms of torture that will move toward an appropriate reso- Government—the CIA, for example; are even more heinous, more abusive: lution of this matter, which is a hear- contractors, for example—may use in- putting people in boiling water, pulling ing and a vote in Judiciary and then on terrogation techniques which may con- out their fingernails, amputations, the floor of the Senate. stitute torture and which are forbidden electric shock. Justifying torture is a I yield the floor and suggest the ab- in the Army Field Manual. This legis- very slippery slope that doesn’t have a sence of a quorum. lation incorporates the Army Field pleasant end for a country that cares The PRESIDING OFFICER. The Manual provisions on interrogations about its system of values. We don’t do clerk will call the roll. and says it applies to all personnel that and haven’t done that. We haven’t The legislative clerk proceeded to from the United States. been engaged in torture as a country call the roll. Now, why is that important? Because for a couple of centuries because we Mr. DORGAN. Mr. President, I ask it makes a vote for this bill a vote don’t belong to that group of people in unanimous consent that the order for against torture. It is a vote that says the world who want to do damage and the quorum call be rescinded. American values and torture are not in want to commit mayhem and want to The PRESIDING OFFICER (Mr. LAU- any way compatible. Voting for this kill others. We hold ourselves to a TENBERG). Without objection, it is so bill is a vote for a country that has higher standard in this country—al- ordered. been looked up to throughout the ways have—a higher standard, a stand- Mr. DORGAN. Mr. President, we are world because of our system of values. ard that all of us can be proud of. considering the intelligence authoriza- It is that simple, and it is that impor- It is interesting when you think back tion bill. My understanding is later tant. to the Cold War. We won the Cold War, this afternoon we will have, perhaps, a Let me say that I acknowledge today but we didn’t win it with bombs and final vote on the bill. There are many there are tyrants and despots and dic- bullets; we won it with American val- important provisions in the bill. Many tators and a lot of evil people in this ues and American standards, and of us who have been here for some world and throughout history who have American rights. The other evening I while—from the destruction of the used and have always justified the use saw a very large portion of the Berlin World Trade Center and the murder of of torture—but not this country. We Wall that had been transported to the thousands of innocent Americans on 9/ have not done that, with the exception United States of America. It was a wall 11, where terrorists used airplanes of some recent disclosures I will talk that kept the free world out and it was loaded with fuel as guided missiles to about. a wall that kept those in East Ger- bring down the World Trade Center and Some people argue that this issue of many behind it, living in oppression, attacked the Pentagon and through the torture is especially about waterboard- living in a circumstance where they subsequent period leading up to the ing. Waterboarding is a more antiseptic were denied freedom. I was thinking Iraq war—know we have had all kinds term. It should be described as water again about the Cold War and the fact of difficulties with the intelligence torture. Some people say that: Well, we that we didn’t win the war with bombs. community. have waterboarded. In fact, it has been I have in my desk something I have We have a lot of men and women disclosed by administration officials had there for a long period of time, if I risking their lives all around the world that we have waterboarded—which is might show it by unanimous consent. every day collecting intelligence, and water tortured—three of the most dan- This is a piece of a wing from a Soviet yet most of us have been through top gerous, despicable terrorists who at- Backfire bomber. This bomber very secret briefings that we later find out tacked this United States, and we only likely carried a nuclear weapon that to have been absolutely false, wrong, did it at a time when we thought they would have been used against the just standing facts on their head. would provide information or had in- United States. Actually, we sawed part So it is critically important for this formation that would allow us to avoid of the wing off this Soviet bomber be- country to have a good system of intel- other catastrophic attacks, and we cause when the Cold War was over, we ligence gathering and good analysis of need to be able to do that again in the reached an agreement to destroy deliv- intelligence if we are going to prevent future, if necessary, if some despicable ery systems. I have also in my desk a the next terrorist attack against our terrorist is planning an attack on this hinge. This hinge used to be on a mis- country. country. sile silo that held a missile with a nu- It is a difficult world out there. We Let me talk a little bit about what clear warhead on its tip aimed at a have terrorists who would like nothing we are describing here. waterboarding U.S. city. It was in Ukraine. Where

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And we have 50,000 soldiers, and our 5,000 were shop- ior commander in Iraq, GEN David agreements with Russia, Ukraine and keepers and farmers; 5,000 against Petraeus, sent a letter to every Sol- other former Soviet republics under 50,000, and we prevailed over time. dier, every Sailor, every Airman, Ma- which we help destroy their Cold War George Washington, after a large num- rine, and Coast Guardsman serving in weapons and delivery systems. But we ber of his troops were captured and Iraq. He said this: didn’t win the Cold War with bombs; slaughtered—he saw the Hessian mer- Our values and the laws governing warfare we didn’t blow up that Backfire bomb- cenaries kill unarmed prisoners. After teach us to respect human dignity, maintain er. We didn’t blow up the Soviet mis- that, George Washington and his our integrity, and do what is right. Adher- sile silo with one of our missiles. We troops captured a large number of Brit- ence to our values distinguishes us from our enemy. won the Cold War because of our val- ish soldiers, and many of the troops This fight depends on securing the popu- ues. American values won the Cold justifiably wanted revenge. They lation, which must understand that we—not War. sought to execute them just as they our enemies—occupy the high ground. What are those values? Well, people had seen done to unarmed American Continuing to quote: are free. They believed what they said. prisoners. George Washington refused. Some may argue that we would be more ef- They believed what they wanted. The He refused to treat the prisoners as his fective if we sanctioned torture or other ex- Government had to respect the rights soldiers had been treated. He insisted pedient methods to obtain information from of everyone in this country. We were a America was different. He said: We are the enemy. They would be wrong. Beyond country that had a government based different, and we are going to treat the basic fact that such actions are illegal, on a Constitution that had a Bill of people the way they should be treated, history shows us that they also are frequently neither useful nor necessary. Rights that applies to all Americans. not the way they treated us, and that That is General Petraeus, who leads Our country stood for liberty, human has been our birthright. rights, human dignity, the rule of law. That is why this discussion right now our troops in Iraq, and says those who That is what won the Cold War. Those is so very important. It goes to the believe that torture is appropriate values were so strong that in the mid- core of what we are and who we are as would be wrong. Mr. DURBIN. Will the Senator yield dle of the Cold War with the Soviet a nation. Quite simply, we have to say Union, those values shone a light of for a question? unequivocally: We are against torture. Mr. DORGAN. I am happy to. hope into the darkest cells and the We, the Congress of the United States, Mr. DURBIN. I thank the Senator for deepest part of the Soviet Union. In the must say that torture is un-American, his comments, and I thank Senator gulag prisons, in the outermost reaches simply because it is. No hair splitting, FEINSTEIN for the support language. of Siberia, those values reached those no fancy words, no legal distinction Some argue that this language was not cells. Millions of prisoners had been about what might or might not be tor- necessary, that the McCain amend- held, often in solitary confinement, ture. That will begin to restore, I ment, which passed 90 to 9, made it simply for thinking and speaking free- think, our rightful place if we say we clear that whether you are in uniform ly. Many were there for years; some are against torture. or not torture is not the policy of the swept off the streets, never to reappear Let me briefly continue to say that United States. Others argue that the again; many tortured into false confes- being against torture is being for an Geneva Conventions had already made sions, and many murdered. Some sur- America that is better than its en- that clear for decades before it was vived, however, and talked about their emies. It is that simple. I said we brought into question by this adminis- experience, and about how important fought and won the Cold War after tration. the idea of America was to them, how many decades. We faced nuclear anni- I ask the Senator from North Dakota important the idea of freedom was to hilation during that period. We faced a if he struggles with the same thought those who had been detained and had ruthless enemy all around the world, that I do. At some point after World not been able to experience freedom, and yet we won that war. We did that War II, we prosecuted Japanese soldiers and to those who had been tortured by with our reputation, our values, and who tortured American prisoners of a country that didn’t want them to be our moral authority intact. It was and war using waterboarding and charged free. It was a clear and vast difference still is, I think, a beacon of hope them with war crimes; and we are now between America and the Soviet Union. around the world. at a point in our history, some 60 years As imperfect as we are, the basic foun- Those values and that moral author- later, where General Hayden testifies dation and bedrock of values in this ity, I believe, are what is going to under oath before Congress that our country is what shined so brightly in allow us to prevail in the battle Nation engaged in the same conduct, at the middle of the Cold War. It wasn’t against the terrorists who wish to do least three times previously, when it the amount of bombs and bullets each harm—not just here but in other parts came to waterboarding. I wonder if the country had; it was what we stood for. of the world as well. We need—and I be- Senator from North Dakota struggles When the Berlin Wall fell in 1989, the lieve the world needs—an America that with the same concept of justice as was Iron Curtain was lifted, all of those po- people respect and admire, an America applied after World War II and as it ap- lice states crumbled, and every single that is different, that begins in a man- pears to be applied by this administra- one of them became free countries that ner that is loud and clear saying: We do tion? provided freedom to their citizens. not torture. This will empower our Mr. DORGAN. Mr. President, that is Every single one chose freedom and de- country and make us stronger. a significant contradiction for our mocracy. That is how powerful the idea I was very disappointed last week to country. I was as surprised and dis- and the values of this country have hear the head of our intelligence serv- appointed as the Senator from Illinois been. ice, and then to hear a spokesperson was to have one of the leading officials What I say today is we have to regain for the White House, say: Yes, we have in this administration testify under the moral high ground and describe our waterboarded. They used the term—the oath that, yes, in fact, waterboarding values in circumstances that make it right term—water torture; yes, we had been used. It was in fact legal, they clear that we do not subscribe to some have done that. We did it because we said, and it would be used again, if nec- things others might. We do not support must, and we reserve the right to do it essary, and could be sanctioned by the torture. We will not support torture. It again. It is exactly the wrong thing for President of the United States. is not what our country is about. From this country. It is not just me saying The Senator is correct that this Con- the very beginning in this country, that. I am not just quoting George gress passed a piece of legislation that

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Many of us have sorts of dances with signing statements tially said: It doesn’t matter so much said if Mr. Bradbury is coming before and interpretations of the Constitution what the legislation says; what mat- us for consideration, we want to see to say that under the Commander in ters is what I will decide to do. those memos written—memos which Chief powers they can do almost any- Now, we have a disclosure—a public James Comey, former Deputy Attorney thing if they believe there is some kind disclosure—to the world that this General, said the United States would of a threat. That is a very dangerous country has employed a technique that be ashamed if they ever became public. mind set, in my judgment, for any ad- has, for hundreds of years, been de- I say to the Senator from North Da- ministration at any time. scribed as torture. kota that not only do we have to do Mr. DURBIN. If the Senator will I know and understand the passions our part, but this administration has yield for one last question, I thank him that exist. I understand what I would to do its part as well. Those who were for that quote from President Wash- like to see done to Osama bin Laden engaged in this questionable—if not ington which talked about the terrible when he is captured. I understand the embarrassing, if not shameful—conduct circumstances the Continental Army passions. But I also understand that involving torture policy must be held faced and how, in those days before what has given this country a different accountable to the administration. there even was an America, they would standing in the world is our value sys- They are certainly not deserving of a establish a different set of values in tem. promotion, which is what they are sug- this part of the world. He admonished Again, let me, if I might, for the Sen- gesting for Mr. Bradbury. his troops to live by those values. ator from Illinois, refer back to George I ask the Senator from North Da- I am sure the Senator knows that Washington, which I described earlier kota, reflecting on what this adminis- each year our State Department pub- before the Senator came on the Senate tration has been through, the many lishes a report card on human rights of floor. When I think of the odds facing times they have told us torture was not nations around the world. We are crit- the Revolutionary Army, it is pretty being used, that waterboarding was not ical of nations that engage in torture. unbelievable. The Senator from Illinois being used, and now with this disclo- We are critical of nations that engage and I were at Mount Vernon recently, sure of at least three instances admit- in conduct that is inconsistent with and we saw a display describing that at ted under oath, I wonder if even this our values. I say to the Senator from one point there were 5,000 soldiers in legislation—including the Feinstein North Dakota, how can we maintain the Continental Army and 50,000 Brit- amendment—would restrain this Presi- that moral status and moral authority ish soldiers. That was the fight. Our dent in the future, in the next few if we are found compromising some- soldiers were shopkeepers and farmers, months, as we face challenges that we thing as fundamental as torture and ordinary folks off the street. Theirs cannot even imagine at this moment. waterboarding and the Geneva Conven- were trained British soldiers. So it was Mr. DORGAN. Mr. President, it is far tions, which guided us for decades? Mr. DORGAN. The Senator answers 5,000 to 50,000. George Washington and more than disappointing to me, and I the question by phrasing the question. his soldiers saw members of the Conti- think to a lot of people in this Cham- Let me conclude by saying this: We nental Army captured and then, un- ber and across the country, that the have 43 top retired military leaders of armed, murdered, executed by the Brit- President received advice from people the U.S. Armed Forces who have writ- ish soldiers and the Hessians. who work for him in the White House ten a letter. As one, they say: Washington’s soldiers, when cap- and have said this under oath and on turing some British soldiers, wanted to television and in every other venue We believe it is vital to the safety of our men and women in the uniform of the United do the same thing. But he said, nothing that under the Commander in Chief States not to sanction the use of interroga- doing, we are not going to do that. powers, the President has the power to tion methods it would find unacceptable if George Washington said that we are do almost anything. He can put out a inflicted on our captured Americans. different and we are going to treat peo- drift-net and collect every communica- Today there are men and women ple the way they should be treated, not tion under every condition—e-mails fighting for this country. If captured, the way they treated us. and telephone calls. Go to the docu- how would we react if the leader of a When you think of that set of stand- mentary recently done, entitled ‘‘No group that captured them says: We are ards and values and then wind your Way Out’’ and view the interviews by torturing them because we feel we can way through the discussion in recent this administration’s officials, who get information, and we can only get it days, and to have a top U.S. official take the position that this President by torturing them, and we believe tor- say, yes, we have used waterboarding— has the authority as Commander in ture is legal. We are going to and it is widely acknowledged as tor- Chief to do almost anything. That in- waterboard them, we believe it is legal. ture—we used it and it was legal and cludes this issue of torture. We have already done it, and we intend we intend to use it again if it is nec- The point I make is that we have a to do it again if we need to. essary. piece of legislation that we will vote on How would we feel if that were some- Mr. DURBIN. I am sure the Senator later this afternoon. Included in that body else talking about how they are is aware that this questionable chapter legislation is a provision that says the going to treat American soldiers? That in American history—which I think Army Field Manual will describe the is unacceptable. We have a country will haunt us for generations to come— conditions of interrogation of enemy with a higher moral purpose and stand- also involves people other than the combatants. I just read what General ards that have served us for two cen- general who testified. There is an indi- Petraeus said to all of his soldiers— turies, and we should not obliterate vidual who has been nominated by the that torture is inappropriate and will that just because we have some people President to be head of the Office of not be allowed. The Army Field Man- in this administration who believe it is Legal Counsel, Steven Bradbury. He ual prevents torture. What we are say- appropriate. It is not. has been rejected four times by the ing in the conference report that we JOHN MCCAIN knows that. He led the Senate. The President said last week will vote on in an hour or two is that fight to put a provision in law that pro- that he was the most important ap- the Army Field Manual’s restrictions hibits torture. This President did a pointment. A month or two before, he on torture apply to all U.S. Govern- signing statement next to the legisla- told the majority leader he didn’t want ment officials and contractors doing tion he signed, saying: I don’t have to to talk about any other appointments interrogation. abide by it if I don’t feel like it. until Mr. Bradbury was approved. My concern about this administra- That is a scary thought in a democ- Bradbury’s tenure in the Office of tion—and I think it is echoed by the racy. I hope this afternoon we will reg- Legal Counsel goes back to the period Senator from Illinois—is that they ister a very strong vote in support of

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2037 this conference report and against the None of the Memo’s analysis explains why The sheriff and his deputies were all concept of our country engaging in tor- waterboarding does not cause physical or convicted by a jury under count one. It ture. psychological pain sufficient to meet the didn’t end there. The case then went up I yield the floor. criminalization standards it enunciates. on appeal, and the United States Court The PRESIDING OFFICER. The ma- We have asked for further clarifica- of Appeals for the Fifth Circuit ren- jority leader is recognized. tion, but in a hearing before the Judici- dered a decision. I have in my hands Mr. REID. Mr. President, I ask unan- ary Committee, Attorney General United States of America v. Lee, 744 F.2d imous consent that the vote on adop- Mukasey refused to comment on the le- 1124, decided in 1984, in which they gave tion of the conference report to accom- gality of waterboarding because the appellate review of these convictions. pany H.R. 2082, the Intelligence Au- technique was not currently in use and Finally, at sentencing, U.S. District thorization Act, occur at 4:30 p.m. because of what he described as ‘‘the Judge James DeAnda’s comments, ac- today; that no points of order be in absence of concrete facts and cir- cording to the article, were ‘‘He told order; and that the time until then be cumstances.’’ Even though the Depart- the former Sheriff that he had allowed equally divided between the two lead- ment of Justice is now conducting an law enforcement to fall into ‘the hands ers or their designees. investigation into whether tape record- of a bunch of thugs. The operation The PRESIDING OFFICER. Without ings of alleged waterboarding sessions down there would embarrass the dic- objection, it is so ordered. were improperly destroyed, they would tator of a country.’ ’’ That is the opin- Mr. REID. So there is an equal bal- not look into whether the conduct on ion of a U.S. district court judge at a ance of time in the next—we have 2 the tape was in and of itself improper. sentencing on waterboarding. hours. I think it should work out fine. The argument is that no one who re- How is it that when the Department Either side will have approximately an lies in good faith on the Department’s of Justice, the Office of Legal Counsel hour, so that should work out well. past advice should be subject to crimi- were asked for their opinion, they were The PRESIDING OFFICER. The Sen- nal investigations for actions taken in able to write this opinion? I have it in ator from Rhode Island is recognized. reliance on that advice, which raises my hand. This is the unclassified Mr. WHITEHOUSE. Mr. President, I the question within the question: How version. It has been substantially re- want to follow the lead of the distin- did that advice come to be given in the dacted. Even so, it is 50 pages long—50 guished Senator from North Dakota first place? pages long. They did 50 pages of legal and my friend, the Senator from Illi- How did the best and brightest of the research and could not find a U.S. nois, and continue on this question Department of Justice overlook the Court of Appeals case in which the De- with the determination the Govern- facts of the history of waterboarding partment of Justice itself had brought ment has made that waterboarding is prosecutions in which the United the charges? Here is the case, United legal. States was directly involved, and why States v. Lee. It describes the facts: It is a question that matters so much was such guidance approved when con- Lee was indicted along with two other dep- to wary and watchful nations, disheart- travening precedents appear clearly to uties, Floyd Baker and James Glover, and ened and distrustful in the wake of 7 be in evidence? the County Sheriff James Parker, based on a years of failed leadership and broken Mr. President, I commend to my col- number of incidents in which prisoners were promises. It is also a question that leagues the article written by Evan subjected to a ‘‘water torture’’ in order to matters immensely to the billions of Wallach, Columbia Journal of prompt confessions to various crimes. men, women, and children around the Transnational Law, entitled ‘‘Drop by Throughout the rest of the opinion, globe who look to this country, the Drop: Forgetting the History of Water these are referred to as ‘‘torture’’ and United States of America, as a beacon Torture in U.S. Courts.’’ The full cite ‘‘torture incidents.’’ of light that shows the way nations is 45 Columbia Journal of Transna- All one has to have is Lexus or ought to act and the way the world tional Law 468 (2007). Westlaw and plug in the words ‘‘water ought to be. It is a question that mat- Mr. President, the U.S. Government torture’’ and find this case. How is it ters to the American people who are long considered waterboarding a form possible that the Office of Legal Coun- sick of asking: Is it wrong? and being of torture, prosecutable as a war crime sel could not have found this? How is it told: Well, it depends. and punishable accordingly. This his- possible that they could have also The people of America still do not tory includes war crimes prosecutions missed what the Columbia Law School know how this came about—in par- against Japanese soldiers who water- was able to find—a telegram from Sec- ticular, how the Department of Justice boarded American aviators in World retary of State Cordell Hull to the Jap- came to approve this sordid technique. War II, the use of water torture by U.S. anese Government objecting to the I believe we are in a position where the soldiers in the Philippines, and even an mistreatment of American prisoners, concerns we have about torture overlap incident of waterboarding by a local which included specifically water- with some of the concerns we have had sheriff prosecuted by the Department boarding and describing the ‘‘brutal in this Chamber about the independ- of Justice itself. Let me start with and bestial methods of extorting al- ence and integrity of the Department that. leged confessions’’? That is our Sec- of Justice. Here is what we know. I am reading from the Wallach law retary of State in an official commu- We know that Attorney General Mi- review article in which it reports: nication to the Japanese Government chael Mukasey has said that ‘‘the CIA In 1983, the Department of Justice affirmed describing, among other tortures, sought advice from the Department of that the use of water torture techniques was water tortures as brutal and bestial Justice, and the Department informed indeed criminal conduct under U.S. law. methods to extort alleged confessions. the CIA that [waterboarding’s] use A sheriff in a Texas county water- How could they not have found that? would be lawful under the cir- boarded prisoners in order to extract How could they not have found the cumstances and within the limits and confessions. Count one of the indict- charges the Senator from North Da- safeguards of the program.’’ We know ment asserted that the defendants con- kota referred to in which Japanese sol- in 2002, John Yoo of the Office of Legal spired to—and this is a quote from the diers were brought up on charges in Counsel drafted a memo, later ap- Department’s own indictment—‘‘sub- front of military tribunals—military proved by Assistant Attorney General ject prisoners to a suffocating ‘water tribunals staffed with American judges, Jay Bybee, which reads, in part: torture’ ordeal in order to coerce con- military tribunals staffed with Amer- There is a significant range of acts that, fessions. This generally included the ican prosecutors—for waterboarding though they might constitute cruel, inhu- placement of a towel over the nose and American prisoners? man, or degrading treatment or punishment, mouth of the prisoner and the pouring Here are some examples. One of the failed to rise to the level of torture. of water in the towel until the prisoner Japanese officers was named Hata and As Evan Wallach of the Columbia began to move, jerk, or otherwise indi- the article describes the charges and Journal of Transnational Law has writ- cate he was suffocating and/or drown- specifications against Officer Hata, ten: ing.’’ which included this:

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2038 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 . . . Hata did, willfully and unlawfully, lic scrutiny, ideas such as the Presi- I yield the floor. brutally mistreat and torture Morris O. dent is not obliged to follow Executive The PRESIDING OFFICER. The Sen- Killough, an American Prisoner of War, by orders. He is not obliged to give any- ator from Florida. beating and kicking him, by fastening him body notice that he is violating Execu- Mr. NELSON of Florida. Mr. Presi- on a stretcher and pouring water up his nos- tive orders. He can live in a parallel dent, we have heard one of the best—I trils. Similarly, Hata did willfully and unlaw- universe in constant violation of his cannot use ‘‘oration’’ because it was fully, brutally mistreat and torture Thomas own Executive orders and nothing is far superior. It was one of the best ex- B. Armitage, William O. Cash and Monroe wrong with that, other than, of course, planations of how the Department of Dave Woodall, American Prisoners of War, the fact that it completely degrades Justice has gone awry by the Senator by beating and kicking them, by forcing and destroys the entire structure of from Rhode Island. I commend the Sen- water into their mouths and noses. . . . Executive orders as a law function of ator from Rhode Island. I thank him The charge and specifications against the United States of America. for his legal analysis, and I wish to un- Officer Asano were: Another argument is that under arti- derscore what he has said, that the rea- Asano did, willfully and unlawfully, bru- cle II, the President’s power as Com- son the Department of Justice was ig- tally mistreat and torture Morris O. mander in Chief, he has the authority noring that Court of Appeals decision, Killough, an American Prisoner of War, by to determine what his powers are. the reason the Department of Justice beating and kicking him, by fastening him Think about that for a moment. They was ignoring all of the history of the on a stretcher and pouring water up his nos- assert article II gives them the author- record that has been built over time, of trils. . . . ity to decide what the scope of his arti- Asano did, willfully and unlawfully, bru- which the Senator cited the statements tally mistreat and torture Thomas B. cle II powers are. I seem to remember from World War II, the reason all of Armitage, William O Cash and Munroe Dave a decision called Marbury v. Madison that has been ignored or purposely Woodall, American Prisoners of War, by saying it is ‘‘emphatically the province missed is because the Department of beating and kicking them, by forcing water of the judicial department to decide Justice became politicized so that poli- into their mouths and noses. . . . what the law is.’’ tics became the rule of the day instead The charge and specifications against The last one, my personal favorite, is of the rule of law. Officer Kita were again, ‘‘willfully and that the Department of Justice is In a nation that recognizes it is a na- unlawfully, brutally mistreat and tor- bound by the legal determinations of tion of law, not a rule of men, when ture John Henry Burton, an American the President. It is a good thing that politics is inserted for law, then we get Prisoner of War, by beating him and by was not the case when President Nixon into the trouble we have gotten into. forcing water into his nose.’’ was the President and made the legal That is what brings us here. Over and over the testimony de- determination if the President does it, I have already addressed this subject scribes exactly what we know as it doesn’t violate the law. of why my conclusion, a long delibera- waterboarding. The charges and speci- So what on Earth has been going on tive process of coming to the question, fications by this tribunal staffed by at the Office of Legal Counsel, an office that we ought to etch into law the American officers describe that they that used to be distinguished for its Army Field Manual as the standard by did willfully and unlawfully commit probity, for its analysis, for its scholar- which the intelligence community will ship, an office on which the Depart- cruel, inhuman, and brutal acts and carry out their interrogations. That ment of Justice relies? atrocities and other offenses, including ought to be the law. Just as Americans rely on the De- strapping them to a stretcher and I thank the Senators who have spo- partment of Justice to provide guid- ken in favor of this legislation. We are pouring water down their nostrils, by ance in our Government, to provide a going to have a chance to vote on it holding the prisoner’s head back and moral compass within the Department pretty soon. Each of us can determine forcing him to swallow a bucketful of of Justice, the Office of Legal Counsel what we think ought to be representa- sea water over and over and over. is supposed to be the place where they How could they have missed it? How try to get it right. How could they try tive of America, if it ought to be tor- could they have missed it? How could to get it right when they cannot even ture or not. We are clearly going to they miss the decision on point by the find a Fifth Circuit Court of Appeals have an opportunity to say that be- U.S. Court of Appeals for the Fifth Cir- decision on water torture when you are cause we are going to vote on a pro- cuit? looking up whether it is illegal? If I posed law that says: Is torture going to What else do we know about the Of- were a partner in a law firm and a jun- be the standard for America? fice of Legal Counsel? We know that ior associate came to me with a memo I wish to speak on another subject, so the conditions there were pretty ripe such as this that had missed the case I guess the appropriate parliamentary for abuse. We know they were doing on point, do you think he would have procedure is for me to ask consent to this in secret, protected from public much of a career? I don’t think so. It is speak as in morning business. scrutiny, protected from peer review, a fatal failure of legal analysis. And The PRESIDING OFFICER. Without protected from critical analysis under yet, where there is supposed to be the objection, it is so ordered. the veil of secrecy, deep secrecy in very best at the legal counsel of the RAPE AND SEXUAL ASSAULT INVESTIGATIONS which they were operating, coming up Department of Justice, they missed all Mr. NELSON of Florida. Mr. Presi- with the theories as they pleased, of it. If there has been a systematic dent, thus far, the Department of the thinking they would never see the light breakdown in this institution of Gov- Army has acknowledged that there of day. So they did not have to do their ernment long known for probity and have been 124 incidents of sexual as- homework. Somebody might have done scholarship, if it has been captured and sault against contractor and military a little research and found the Fifth behind a veil of secrecy rendered a po- personnel in Iraq which are currently Circuit decision on point, but, no, they litical ideological tool, that is a matter under investigation. We know of only did not need to. of very legitimate public concern. three of those cases that are now being It is part of a pattern because, as the I am pleased to say Senator DURBIN considered by the Department of Jus- Presiding Officer will recall, when I and myself have written to the inspec- tice and, therefore, the Department of was offered the chance to read the se- tor general of the Department of Jus- Justice will not respond to my en- cret Office of Legal Counsel opinions tice and to the Office of Professional treaties about this investigation be- related to the warrantless wiretapping Responsibility of the Department of cause they say it is an ongoing crimi- program, I went and took some notes, Justice to look into exactly that mat- nal investigation. and when I got back here, I eventually ter. However, in other cases, we have was able to get them declassified. They I thank the Presiding Officer for his gathered some facts, and these facts described other interesting theories patience with me. I thank the distin- have been quite telling. There does not that grew in that hothouse of legal ide- guished Senator from Florida for his seem to be a standard to protect female ology, protected from the glare of pub- patience. contractors or military personnel from

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2039 sexual assault in Iraq under the juris- to brief us because of the response re- assaults are investigated, evidence is diction of the U.S. Army. The 124 cases ceived from the Department of De- obtained, and responsible individuals of sexual assaults of both contractors fense, which certainly did not answer are held accountable. I have also asked and military personnel have been ac- my questions. The inspector general’s for a clear explanation of how the De- knowledged just under the Department office stated that, and this is what partment of Defense divides authority of the Army. The question is, under the blew our mind, the Army Criminal In- among all its various investigative other branches of the service whose vestigation Command has investigated arms in these sexual assault cases. contracts are being administered by ci- 124 cases of sexual assault. Now, that is I have had to ask these questions be- vilian contractors, how many are just the Army, and that is just in Iraq. cause DOD and the Department of there; and are there similar cases in And that is just in the 3 years of 2005, State have not been forthcoming. Yet the other theater of operations—Af- 2006, and 2007. So what about the other what is being told by some of these as- ghanistan as well as in Iraq? services and what about Afghanistan? sault victims is absolutely horrifying. What we also know from the facts we So this naturally leads me to ques- For example: One female contractor have gathered thus far is the problem tion whether there could be hundreds employee, during cocktail conversa- is not within the U.S. military nearly of additional investigations going on tion, suddenly, totally, passed out. Ap- so much as it is among contractor per- about contractor personnel—specifi- parently, her drink had been spiked. sonnel because there is a nebulous set cally in the ones that have come to us, She awoke to find out she had been as- of regulations as to how it is to be han- it was the contractor KBR—and it sug- saulted many times. Upon seeing a dled on the reporting of a rape. Untold gests that perhaps there could be many military doctor, in fact, that was con- numbers of sexual assaults have been assaults that have not been inves- firmed and the rape kit was prepared. committed in Iraq, and the Depart- tigated at all. And because the inspec- But when the rape kit was turned over ments of Justice, Defense, and State tor general’s office would not provide to the contractor, it amazingly dis- are providing very little information information on the disposition of these appeared. The evidence disappeared. on whether they have been prosecuted. investigations, it certainly is unclear That contract employee then, upon It is time we have this information. whether there has been any prosecu- asking questions, was locked in a con- Last December, I wrote to the Sec- tion of these within the military or the tainer and could not get out of the con- retary of Defense asking him to launch criminal justice systems, or whether it tainer to go and tell her story to other an investigation by DOD’s inspector has been dealt with administratively. personnel of her contractor, and she general into the rape and sexual as- Now, one of my Florida constituents only got out because she was able to sault cases in both Iraq and Afghani- was, and I will use the word advisedly, persuade someone to let her use a cell stan. I sent similar letters to the Sec- allegedly sexually battered in Iraq in phone to call her father back in the retary of State regarding the investiga- 2005. And although the Naval Criminal United States. That is how she got out tions carried out under the Bureau of Investigative Service was supposed to of her confinement. Diplomatic Security, and I requested be investigating her case, they will not Now, if all of that is true, there is that the Attorney General update me even say anything about the basic mat- simply no excuse for this. But what we on the status of the related criminal ters of the case because, the Navy says: need to determine is the truth. It is a investigations. I asked whether and Law enforcement records are exempt from shame that the senior Senator from why evidence in the sexual assault disclosure at the time requested if it can be Florida has to come to the floor of the cases was turned over to the private reasonably expected to interfere with the en- Senate to elevate this issue in order to firms. forcement proceedings. say to the Department of Defense and I got into this when one of my con- I think we in this Congress, we in the the Department of State that we want stituents in Tampa, FL, came forth Senate, and those of us on the Senate the answers to our questions. and told about the assault case. This Armed Services Committee and the I have asked the questions. I expect, had followed a Texas case that had Senate Foreign Relations Committee, on behalf of the Congress of the United been elevated to the public sphere. Ap- certainly have an obligation to inves- States, that we will get the answers. parently, one of these women was as- tigate. Because cases such as this can I yield the floor. saulted, then went to see the doctor, languish far too long without any in- Mr. President, I ask unanimous con- and a rape kit was prepared by the formation from the Government com- sent that the time during the quorum military doctors. That kit would have ing forth in order to protect these indi- be equally divided between the two the evidence of the rape, and it was viduals. sides. turned over to the civilian contractor. So I have asked that our office follow The PRESIDING OFFICER (Mr. Suddenly, the rape kit disappeared. up with the Defense Department, with CARDIN). Without objection, it is so or- So the question is, what steps has the the following detailed questions: The dered. Department of Defense taken to ensure actual numbers of the sexual assault Mr. NELSON of Florida. Mr. Presi- the full investigation and prosecution cases reported since 2001 in Afghani- dent, I suggest the absence of a of these cases? stan and since 2003 in Iraq and the dis- quorum. In the meantime, the Department of position of each case. I have asked to The PRESIDING OFFICER. The State has told our office that diplo- have the information of the service clerk will call the roll. The bill clerk proceeded to call the matic security has investigated four components or the Government agen- roll. cases. One of them was the Texas lady, cies involved in each resulting inves- Mrs. FEINSTEIN. I ask unanimous and that was where a contractor per- tigation. I have asked for the status of consent that the order for the quorum sonnel assaulted another contractor the persons involved in each case—in call be rescinded. personnel. Another involved a State other words, I want to know whether The PRESIDING OFFICER. Without Department employee who allegedly they are Active military, U.S. Govern- objection, it is so ordered. assaulted a woman employed by a con- ment civilian employees, contractor Mrs. FEINSTEIN. Mr. President, I tractor—in this case KBR. Then an- employees or are they an Iraqi or ask unanimous consent to speak for up other case involved two State Depart- Afghani national. to 5 minutes. ment employees. According to the I have asked for an explanation of The PRESIDING OFFICER. Without State Department, three of the cases the U.S. jurisdiction or the investiga- objection, it is so ordered. were referred to the Department of tive authority for sexual assault alle- Mrs. FEINSTEIN. I spoke earlier this Justice for investigation and possible gations in both those areas in which we morning, so I will be brief. prosecution. are engaged—Iraq and Afghanistan. It would appear that the Senate is Recently, our Senate staff met with And I have asked for a clear expla- poised to pass a measure that would representatives of the Department of nation of the rules, regulations, poli- end the debate over torture in our Na- Defense IG’s office, and we asked them cies, and processes under which sexual tion. It would require the CIA to follow

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2040 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 the Army Field Manual when it comes The bill which we have before us I thank my colleague and friend, Sen- to interrogations of detainees, and it today clears up that confusion, and it ator RON WYDEN, who came earlier to would create a uniform standard for in- states once and for all what the U.S. the floor to speak on this issue. terrogation across the Government. It Government would do; that there So there have been many people would prohibit waterboarding and cer- would be 19 specific approaches docu- working toward this vote, and it looks tain other coercive interrogation tech- mented over many pages for each ap- as if it may just happen. I would like niques. I deeply believe it will go a proach in this volume, and 8 specific them to know that we are very grateful long way toward restoring our Nation’s techniques that are banned, one of for their support. credibility. which is waterboarding. Oh, one more: Senator FEINGOLD. I have spoken with experts on inter- So we have the opportunity today to Senator FEINGOLD was a cosponsor rogation, numerous retired three and take a stand—to clear the air and to when I offered the amendment in the four star generals, and human rights say that the U.S. Government follows Intelligence Committee. I very much leaders. From our discussions, I am ab- uniform specific standards for interro- thank him for his steadfastness. solutely convinced that we must have a gation of detainees as put forward by Mr. President, I yield the floor. uniform standard for interrogation of the Army Field Manual. The PRESIDING OFFICER. The Re- detainees across the Government. That I would like to quote a statement the publican whip. Mr. KYL. Mr. President, we are going is what putting the CIA under the President of the United States—Presi- to be voting in about an hour or so on Army Field Manual would do. dent Bush—made on June 22, 2004. Here the conference report on the Intel- This debate is about values. We are a is his quote: nation of values, and we believe in the ligence Authorization Act. I would like We do not condone torture. I have never rule of law. It is fair to say that Amer- to explain briefly the reasons I think ordered torture. I will never order torture. we should vote against that reauthor- ica has been diminished around the The values of this country are such that tor- world. Our standing is at an all-time ture is not a part of our soul and our being. ization. low, not only among our allies but also There are two primary reasons. First President Bush, if you stand by these has to do with the additional provision our enemies. This comes from Abu words, you will sign this intelligence Ghraib. It comes from Guantanamo. It that was passed neither by the House authorization bill. nor by the Senate but was dropped into comes from renditions, and it comes Thank you, Mr. President. I yield the from black sites. It comes from the conference report without Repub- floor. lican involvement; that is, the provi- waterboarding, a technique used during I suggest the absence of a quorum. the Spanish Inquisition to get religious sion that Senator FEINSTEIN authored The PRESIDING OFFICER. The that would substitute for the authority dissenters to publicly disavow their be- clerk will call the roll. liefs. that agencies of the United States cur- The legislative clerk proceeded to rently have—agencies such as the Cen- Let me give one example of why a call the roll. clear, single standard for all detainee tral Intelligence Agency—to interro- Mrs. FEINSTEIN. Mr. President, I gate foreign terrorists. It would sub- interrogation is needed. ask unanimous consent that the order Until a couple of weeks ago, the exec- stitute for the current rules under for the quorum call be rescinded. utive branch refused to admit that it which they operate the U.S. Army The PRESIDING OFFICER. Without had waterboarded anyone. Field Manual. Then last week, at a public hearing, objection, it is so ordered. The U.S. Army Field Manual is a doc- General Hayden stated that the CIA Mrs. FEINSTEIN. Mr. President, how ument that is prepared for use for all of has waterboarded three detainees: Abu much time do I have left out of the 5 our military Armed Forces, to provide Zubaydah, Abd al-Rahim al-Nashiri, minutes? rules of the road for them in interro- and Khalid Sheikh Mohammed. Gen- The PRESIDING OFFICER. A minute gating enemy prisoners of war. So eral Hayden said this was done in the and a half. when they capture someone on the bat- past and would not be used in the fu- Mrs. FEINSTEIN. Mr. President, if I tlefield, in order to ensure that the Ge- ture. may, I very much would like to thank neva Conventions are adhered to, there In fact, General Hayden said that a few people who have been very help- is a set of guidelines set out in the waterboarding itself was no longer nec- ful in this whole thing. The first is Army Field Manual that very explic- essary. These were two major revela- David Grannis, my intelligence liaison, itly explain to our soldiers exactly how tions. The U.S. Government had, in who has been with me all the way. I they need to treat these prisoners and fact, authorized waterboarding, and we thank the Partnership for a Secure what kind of interrogation in which weren’t going to do it again. America and the 18 former national se- they can engage. The very next day, a White House curity officials who wrote in support of A couple of years ago, when the Con- spokesman, Tony Fratto, said the the Army Field Manual. gress and the administration got to- President could reauthorize the use of I thank Senators HAGEL and SNOWE gether and revised our procedures and waterboarding at any time. At this for taking a stand for what is right for the statute dealing with this subject, point, we had returned to a state of America in the Intelligence Com- the explicit decision was made to not confusion. The CIA was saying mittee. I thank our chairman, Senator have the Army Field Manual govern waterboarding was not authorized and ROCKEFELLER, for being willing to risk the interrogations by other Govern- not needed. The White House was say- the passage of this legislation by sup- ment agencies. That was a wise deci- ing waterboarding was still on the porting this very important amend- sion then, and it is a wise decision now. table. ment. There are reasons the U.S. Army That was not the end. The very next I also thank Senator WHITEHOUSE. He would want to have a set of rules for day, General Hayden testified in open offered this amendment when it was in soldiers capturing enemies on the bat- session again, this time in front of the the Senate Intelligence Committee. I tlefield. But there is quite a different House Intelligence Committee. Here is thank him for his tireless efforts in situation presented when you have cap- what he said: support of this conference report. I tured a terrorist and you want to inter- In my own view, the view of my lawyers have seen him on the Senate floor at rogate that terrorist and you have at and the Department of Justice, it is not cer- least twice today. He was a cosponsor your disposal Central Intelligence tain that that technique— of the amendment I offered in the con- Agency trained personnel or other spe- Meaning waterboarding— ference, and I know his staff has been cial personnel who are trained in inter- would be considered lawful under current very effective in working on this rogation techniques that comply with statute. . . . amendment. the Geneva Conventions accords, are So here you have a mix of views. I thank Senator TOM CARPER of Dela- not torture, are authorized by law, but Here you have unclear American pol- ware who has done a lot of work on this may be outside the particular scope of icy. issue on the telephone. the Army Field Manual.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2041 This is a gross oversimplification, There are other requirements for re- eign Intelligence Surveillance Act re- but for people to generally appreciate ports that have already occupied far authorization for a period of 6 years. what I am talking about, you have all too much attention of our intelligence The key feature of it—different from seen movies where a prisoner of war is community. There are requirements the current law—is retroactive immu- captured, and they say: Give me your for congressional confirmation of sev- nity for those telecommunications name, rank, and serial number, and eral new positions, positions that cur- companies that might have assisted that is pretty much all an enemy sol- rently do not require congressional the United States in gathering this in- dier is required to provide. You cannot confirmation because they are not po- telligence. That was following the In- torture them to get them to tell you litical offices. It is the head of the telligence Committee’s work—again, anything beyond those three pieces of NRO, for example, the head of NSA. great work; 13 to 2 was the vote in the information, and that is as it should These are agencies that have been peo- Intelligence Committee, bipartisan— be. pled with professionals, people who do supporting that legislation. It has now Interestingly, our terrorist adver- not have anything to do with politics. been sent to the House of Representa- saries know well the Army Field Man- They should not have to come to the tives. All the House of Representatives ual, and if they are captured as enemy Senate and get grilled by Senators— needs to do is to take this bill, which POWs on the battle ground by U.S. more importantly, Senators who then has bipartisan support in the Senate, Army personnel, they know precisely might hold them up. pass it, and send it to the President for what kind of interrogation to expect. You have heard about the holds Sen- his signature. In fact, we know they are trained on ators place on nominees. I do not know The President’s point, just a few mo- how to resist the interrogation tech- how many executive nominees and ments ago, to us was it would be an ab- niques and not provide information. It judges we have waiting confirmation dication of responsibility for the Con- would be a horrible mistake for us to by the Senate right now, but there are gress not to accomplish this result be- assume that the techniques that are a lot. What happens is, because Senator fore it leaves on a recess on Friday. appropriate for Army battlefield cap- X does not like the administration’s This intelligence collection is crit- ture interrogation should apply as well position on something, they decide to ical to the security of the United to situations in which a CIA person is put a hold on an important executive States. The point of the most recent interrogating a terrorist—someone who branch nominee. As a result, too many legislation is to provide retroactive li- is not fighting for another country in a positions are vacant today because of ability protection for those companies uniform captured on the battlefield. unrelated holds by Senators. It just that have aided the United States pur- That is the essence of the Feinstein presents the Senate with an additional suant to its request. proposal, and it is one of the reasons way to hold up action on people, in ef- In effect, what happened was the the President has made it very clear fect, to blackmail an administration President and the Attorney General re- that were this conference report to into doing what it wants. quested various telecommunications pass, he will veto the bill; indeed, he There are a variety of other problems companies to help us collect electronic should. the President has pointed to in this information on people we have targeted There are other reasons for the Presi- legislation that will require the Presi- as necessary for collection purposes. dent’s decision to veto the bill as well. dent to veto it. But I want to conclude They did not have to do it. They volun- Let me just mention a couple of them. by simply saying that a great deal of teered to help us. They understood the One of the things that relates to this credit goes to Senators ROCKEFELLER threat to the United States and, like interrogation matter is a requirement and BOND for their work in trying to any good citizen would do when called in the bill that a report to Congress create an authorization bill for the in- upon by the Commander in Chief, they must be made of the identity of each telligence community against great agreed to assist. Now, some of them and every official who has determined odds. There is a lot of disagreement have been sued. They are, of course, ac- that any interrogation method com- among people on the Intelligence Com- countable to their boards of directors plies with specific Federal statutes, why the official reached the conclu- mittee itself, as well as others in this who have a responsibility under Fed- sion, and the related legal advice of the body, about what ought to be done, and eral law to protect shareholder inter- Department of Justice. they came to, in effect, an agreement ests. This may seem benign on the surface that except for the Feinstein pro- What some of these companies are but, I submit, is in the nature of har- posal—that, as I said, was added in the finding is an increasing difficulty of as- assment of officials who are trying to conference; it was not passed by either sisting the United States and con- make decisions about the application the Senate or the House—they came to tinuing to stay in business. They have of law. They come to judgments. They an agreement on a bill that Senator their own business responsibilities. advise the people who are asking for BOND has described as pretty effective. They have to engage in activities both the advice, and then action is taken on Hopefully, with the President now in- in this country and in other countries that basis. If Congress needs a report dicating he will veto the legislation sometimes. They have to get cus- every time a Government official over the provisions I have identified, tomers. They have to make business makes a decision, clearly that agency and some others, the other side will agreements with other parties. When cannot function. recognize it is important to fix those too many other folks say: We don’t Secondly, there are too many oppor- problems, clean it up, get a bill back to want to do business with you because tunities for second guessing, too much the President he can sign, and we can of the potential that you are going to of an incentive for the people who are move forward. be sued or that you have been sued, and doing the work we ask them to do to FISA then there is the question of whether not make any decisions, not engage in Now, the last thing, Mr. President, I we are going to be drawn into all that, that work because they might make a want to do is change the subject very then it makes it impossible for those mistake. This is exactly the kind of slightly because we just had a con- companies to assist the United States. ethos we do not want in our intel- versation with the President, who reit- The point is this: There is an increas- ligence community. erated his deep concern about the ap- ing concern that some of these compa- Another requirement of the bill is parent unwillingness of the House of nies are not going to be able to provide the creation of another inspector gen- Representatives to reauthorize the this assistance to us if we don’t solve eral. We already have inspectors gen- Foreign Intelligence Surveillance Act this retroactive immunity issue. Some eral for each of the elements of the in- so that we can engage in intelligence people have said: Well, we will simply telligence community, but there would collection against this country’s worst temporarily extend the existing law. be a new one under the DNI. But his enemies: al-Qaida and other terrorists. The reason that doesn’t solve the prob- primary responsibility would be to re- This body, with a vote of 68 to 29—a lem is because the existing law doesn’t port to Congress rather than the DNI. very bipartisan vote—agreed on a For- provide that retroactive immunity.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2042 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 That is the point of this legislation, voluntarism directly contributes to the I am greatly concerned that we have and if this legislation doesn’t provide safety and the welfare of the men and before us today a piece of legislation that retroactive immunity pretty soon, women in the Armed Forces who are which, even though a member of the there could well come a point in time engaged in harm’s way beyond our committee and even though I worked when we don’t have any telecommuni- shores. with my colleagues to frame this legis- cations companies left doing this work Mr. KYL. Madam President, that is lation, I will have to vote against be- for us to matter. another very good point. cause of the actions that took place in Mr. WARNER. Mr. President, will the Mr. WARNER. At this point, we have the conference committee where an Senator yield? about run out of time, and I wish to out-of-scope provision was put in—for Mr. KYL. I am delighted to yield to say a few words about the pending mat- the best of intentions, I am sure, but it the Senator from Virginia. ter. wasn’t carefully thought through, in Mr. WARNER. Mr. President, I am Mr. KYL. Let me conclude these re- my judgment, because this provision delighted the Senator from Arizona marks then. The key point I am trying would say that henceforth, the CIA and brought this up because I have partici- to make is we have related activities. the Federal Bureau of Investigation pated in a number of debates with our We have the Intelligence Authorization would have to conduct their interroga- distinguished colleague from Missouri. bill on the floor, but we also have a tion procedures in accordance with the What we always have to remind our couple of days before this recess to see Army Field Manual. colleagues of, as well as the American that the great work the Senate did is I was privileged again to be one of a public, is that these companies have adopted by the House of Representa- group of a small number of Senators volunteered. They are not in this for a tives so the President can sign it. who, in the year 2005, worked on the profit motive. There is some compensa- Having just come from the White Detainee Act and then subsequently, in tion for expenses. They are not unlike House, the President asked us to please 2006, worked on other legislation to try the men and women of the Armed convey his sense of concern for the peo- to delineate carefully the responsibil- Forces, all of whom today are in uni- ple of this country, for the security of ities of various agencies and depart- form because they raised their right those soldiers whom we sent to do a ments of our Government as it related arm and volunteered. We cannot ask mission, if we can’t get good intel- to the all-important collection of our these companies to subject themselves ligence on this terrorist enemy, and intelligence and a part of that collec- to the uncertainty and the threats as- the only way—the best way we can do tion procedure being the interrogation sociated with legal processes. We are that is through the interception of of detainees. Now, we decided, after a going to lose a very important compo- these communications. It cannot be lot of careful deliberation of the 2005 nent of what I call the American spirit: done if there are no telecommuni- act, that we would restrict that to the voluntarism. Whether it is in the cor- cations companies willing to assist us. men and women in the Armed Forces. porate world, whether it is in the There could well come a point in time There was a very good reason for Armed Forces or any other number of when, because we haven’t done our job that. In the course of our conflicts in activities, we are a Nation known for of providing them liability protection, Iraq and Afghanistan, detainees came people who step forward and volunteer. there is nobody there to provide the into the possession of our field forces, This is a clear example of how these help to us. operating in combat conditions most of companies cannot continue under the So I thank the Senator from Vir- the times when these detainees were situation that persists today, because ginia, and again I get back to my origi- caught, and relatively, so to speak, the directors of those companies, their nal point, which was I hope that in a while the military people are magnifi- corporate boards, have an obligation to few moments, knowing the President is cently trained throughout their careers their stockholders. It is a stretch to going to veto this piece of legislation, to deal with these situations of combat say to the stockholders, who are part we will support his position and vote and the like, very few of them have had of the voluntarism they are doing to no on the authorization conference re- the opportunity to get into the profes- serve the cause of freedom in the port. sion of interrogation. In order to give United States, that they should be sub- I yield the floor. them the protection they needed in jected to a lot of court suits. The PRESIDING OFFICER (Ms. performing interrogation at what we So I appreciate the Senator bringing KLOBUCHAR). The Senator from Vir- call the field and tactical level, it was this up. It is important. We have to re- ginia has 23 minutes remaining. important to draw up this act and to mind our colleagues about it. I am Mr. WARNER. Fine. That is under prescribe very clearly for the men and proud of what this Chamber did. They the control of the distinguished Sen- women in uniform—I repeat that: only voted it through, very clearly. ator from Missouri, and I will ask for for the men and women in uniform— Mr. KYL. Madam President, if I could such time as I may need at this point. very clearly the procedures they must say to the Senator from Virginia, I I have always considered myself, here follow to accord the values of our hadn’t thought of putting it quite the in the Senate, to be most fortunate for framework of laws, the fact that this is way he did. He is, exactly right. We the various assignments I have had not a nation that stands for torture, have thousands of young men and through this being my 30th year. There and to also give them protection in the women who volunteer to serve their have been periods when I have served event that somehow they were chal- country. What would we think if part on the Intelligence Committee. I was lenged in a court of law, be it a mili- of that service means getting sued by once the ranking member of the Intel- tary court or other courts, as to their somebody? Wouldn’t we provide them ligence Committee. Then, fortunately, performance by virtue of their interro- protection from those kinds of law- I was selected to go back on the Intel- gating activities of certain detainees. suits? Obviously, we would. The compa- ligence Committee several years ago. So there were many reasons to put it nies that serve us every day when we It has been a part of my overall service all down and say that this is the Army pick up the phone to make a phone to the Senate, and indeed to the Na- Field Manual, prescribe the authorized call—we want them to be there to help tion, to be on that committee. techniques, and therefore allow the us—they step forward when the Presi- I was at first introduced to the world men and women of the Armed Forces dent asks them to volunteer to serve of intelligence in 1969 when I was fortu- to continue their operations militarily, their country, at no profit, as the Sen- nate enough to go to the U.S. Depart- tactically, and to follow that field ator makes clear, and then they get ment of Defense at the Pentagon and manual in such instances where it is sued and we are not willing to provide serve the Navy, first as Under Sec- necessary to interrogate detainees. protection to them. retary and then Secretary. So I have But in the course of that debate—and Mr. WARNER. Madam President, I actively been involved in the work of understandably and I think quite prop- couldn’t agree more. Furthermore, the the intelligence community for some erly—attention was given to whether service they are doing by virtue of this many years. we should have this type of procedure

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.000 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2043 applicable to all the Government agen- unfortunately, and vote against this terrogations and do so to produce facts cies and departments of our Federal bill—this is not to say, in any way, which could very well save this Nation Government. The decision was made, that we are sanctioning that the Agen- and facts that are, every day, helping and the answer was no—not quickly, cy, the CIA, employ techniques which to save the men and women of the no; it was a deliberate no reached after are in any way constituted as abusive Armed Forces in uniform wherever a lot of careful consideration—that treatment of human beings or torture they are in the world—primarily in this Detainee Act should be for the or degrading. Iraq and Afghanistan—as they pursue purpose of our military people, and we All of that is carefully spelled out in their courageous responsibilities on be- purposely did not include the CIA and the framework of the laws of 2005 and half of us here at home. the FBI. As time evolved into 2006, 2006, and it cannot be done by the agen- I yield the floor. when we had that legislation, once cy, nor the FBI—nor are they doing it. The PRESIDING OFFICER. The Sen- again we reiterated we would not in- The Intelligence Committee has had a ator from Missouri is recognized. clude either the CIA or the DIA and series of hearings. We have had the Mr. BOND. Madam President, I be- then in any way at that time legislate DNI, the Director of the CIA, the head lieve it is important to clear up for the their program, other than to say that of the FBI, and all of them have been record, for the benefit of my colleagues the conduct of the CIA program and carefully questioned and are on record and the American people, some state- the FBI program has to be in total saying that these procedures, which ments that were made earlier today compliance with all the laws of our would be tantamount and antithetical about waterboarding, interrogation land, which in no way sanctioned abu- to our laws of 2005 and 2006 are not em- techniques and the Army Field Man- sive treatment, torture or those sorts ployed now, and they will not be in the ual. of things. It is not a part of it. future. During the House and Senate con- Furthermore, that both the proce- It is for that reason that I will have ference for the fiscal year 2008 intel- dures by the CIA and the FBI had to be to oppose this bill. I urge my col- ligence authorization bill, an amend- in compliance with the treaties, the leagues to do likewise because we will ment—section 327—was adopted that treaty obligations we have, particu- be taking away from the agencies the would prevent any element of the intel- larly article 3, common article 3, which ability to perform a very limited num- ligence community from using any in- has been debated so carefully on the ber of interrogations, a very limited terrogation technique not authorized floor of the Senate. number—but they do them in an en- by the Army Field Manual. So, in effect, what we have before us tirely different framework of cir- Earlier today, we heard that the full momentarily in this vote is overruling cumstances, environment, than does membership of the conference com- the decisions that were made by this the Army or other military members of mittee, the full membership of the body in the context of drawing up our Army, Navy, Air Force, and Marine House Intelligence Committee and Sen- those two statutes, one in 2005 and one Corps under the Army Field Manual. ate Intelligence Committee all came to in 2006. So I, for that reason, feel very The techniques applied by the CIA the conclusion that all interrogations strongly that I cannot support this. I are in compliance with the laws, but should be conducted within the terms think it has been indicated that the they are not all written up so that a of the U.S. Army Field Manual. President doesn’t support it and that if detainee knows full well that if they Let’s be clear: this particular amend- this were to arrive at his desk, in all are apprehended, they will be subjected ment only passed by a one-vote mar- probability, we would have a veto, and to the interrogation procedures of the gin. The conference was sharply di- that would be regrettable because a lot agencies; he would know all about it if vided on this issue, as reflected by the of work has been put into this bill. it is written up as it is in the Army fact that no House Republicans signed There are portions of it that the distin- Field Manual. That would take away a the conference report and only two guished Senator from Arizona, Mr. good deal of the psychological impact Senate Republicans signed the report. KYL, talked about which hopefully can of highly skilled interrogating proce- The problem with this provision is be corrected. But we need an Intel- dures. We are about to throw those not that it says that interrogators can- ligence bill. We have marvelous staff in away, abandon them. not use certain techniques. Most of the the Senate and others who work on This is a very dangerous and complex techniques prohibited by the field man- this problem of legislation year after world. I sometimes think, in the course ual are so repugnant that I think we year, and we are long overdue to have of this political campaign, as I listen to can all agree they should never be an Intelligence bill. It is unfortunate my good friends—three of them Mem- used. that in the last throes of the legisla- bers of this Chamber—vying for the In fact, this vote is not about tor- tive process, in a conference, this pro- Presidency of the United States, the ture, and it is not about waterboarding. vision, which we clearly know to be out awesome framework of complex situa- We all think that torture is repugnant. of scope, was put into the bill, and it is tions that is going to face the next And whether one believes that for that reason that I will have to op- President of the United States. I must waterboarding is torture is really irrel- pose the bill. say, I have a few years behind me, and evant because waterboarding is not in There is another reason I would have I have seen a good bit of history in this the CIA’s interrogation program. to oppose it, and that is that the Army country, but never before has the next The problem is that the provision in Field Manual, again, was for the mili- President, whoever it may be—never the conference report establishes a tary, but it is a manual. Certainly, before have they faced such an awe- very limited set of techniques, and under the current way it is framed and some, complex situation in the world these are the only techniques that any put together in the law, a manual can that is so fraught with hatred and ter- interrogator may use. be changed. So while there are some 19 rorism and threats to the basic free- So the vote is really about whether techniques that are detailed as ap- doms of our Nation and many other na- the FBI and CIA should be restricted to proved for the use of our troops in the tions. a set of 19 unclassified techniques, de- field and elsewhere, who is to say they It is going to be a real challenge for signed for the Army, which have not couldn’t add some more and that at that next President to shoulder the re- been examined fully by some agencies. that point Congress is not involved. So sponsibilities of Commander in Chief of If this legislation passes and is signed I am not sure people thought through the Armed Forces of the United States. into law, all of us need to understand the technical aspects of this thing, and And this set of procedures that we fully that FBI and CIA interrogators to me, it is a very unwise decision. presently have in place, which com- may only use the 19 techniques author- But I wish to reiterate to our col- plies with the law of our land, which ized in the field manual. And all of us leagues that by virtue of taking the complies with international treaties, need to understand that no one can say stance I take—and I presume a goodly must be left intact to enable the Intel- for sure that this will not impact our number of individuals will join in this, ligence Committee to conduct their in- future intelligence collection.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2044 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 As CIA Director Hayden has said: ‘‘I techniques our intelligence profes- tial to what Congress does: We have an don’t know of anyone who has looked sionals may use when seeking informa- obligation to the taxpayers to make at the Army Field Manual who could tion from terrorists. laws and appropriate funds responsibly. make the claim that what’s contained The wide availability of the field And in order to do this, we have to in there exhausts the universe of lawful manual on the internet makes it al- know how the money is being spent interrogation techniques consistent most certain that al-Qaida is training and what activities are being con- with the Geneva Convention.’’ its operatives to resist the authorized ducted. If we are going to demand that all techniques. I have reviewed closely the State- Government agencies must use only Supporters of this provision also ment of Administration Policy on this these techniques, we must make sure argue that the Army Field Manual bill and I am confident that we have that the field manual does not leave gives interrogators sufficient flexi- addressed or resolved all but one of the out other moral and legal techniques bility to shape the interrogation. Yet, concerns listed there. One provision re- needed by these agencies. And I don’t some of the techniques in the field mains that merits a veto and that is believe that the Intelligence Com- manual are allowed only if the interro- the amendment before us: the Army mittee has adequately pursued this gator obtains permission from ‘‘the Field Manual interrogation techniques. issue. first O–6 in the interrogator’s chain of At the end of the day, if this provi- Having a single interrogation stand- command.’’ What that means is that an sion is removed, I will support this bill. ard does not account for the significant interrogator has to get permission But in its current form, I cannot sup- differences in why and how intelligence from an Army or Marine Corps colonel port it and I urge my colleagues to is collected by the military, CIA, and or a Navy captain before proceeding. vote against the conference report. FBI. So in order to have any flexibility, will Mr. President, I thank the distin- Much has been made of the FBI say- the CIA and FBI have to bring colonels guished Senator from Virginia, who ing that they do not use coercive tech- and captains to all of their interroga- has played the lead in so many things, niques. That is accurate. The FBI oper- tions? These interrogations will get such as the Detainee Treatment Act ates in a different world—where confes- awfully crowded pretty quickly. and other major pieces of legislation, sions are usually admitted into evi- We have been told that the field man- for his very thoughtful discussion of dence during a prosecution. This means ual incorporates the Golden rule. Do these issues. that they have to satisfy standards of unto others as you would have them do It has been very troubling to me to voluntariness that do not bind either to unto you is an admirable standard. hear on the floor today some things the military or the CIA. But when dealing with terrorists who about what the CIA does that are abso- But significant concerns have been have shown no regard for morality, hu- lutely not true. We have heard all raised about whether the FBI would manity, and decency, it is somewhat kinds of descriptions of techniques that even be able to conduct ordinary inter- out of place. are barred by the Army Field Manual. Do we really expect that if we re- rogations using only those techniques The techniques barred by the Army strict ourselves to techniques in the authorized by the field manual. Field Manual, the horrors that were Field Manual that al-Qaida will do the A time-honored technique, one that outlined, are not tactics the CIA uses. same? While we are arguing about has led to countless successful prosecu- whether waterboarding is torture, they They do not use them. They would tions, is deception—for example, tell- are chopping off heads and using probably violate the Geneva Conven- ing a suspect that his associate has women and children to conduct their tions and many other laws, which abso- confessed even though the associate suicide bombings. Now, I am not sug- lutely do cover interrogations by the has refused to cooperate. But, it’s un- gesting that we resort to their barbaric CIA. When one raises the spectrum clear where this type of deception is tactics. I am simply saying that we that the CIA may be torturing detain- authorized in the field manual. So, should not base this important decision ees, No. 1, it is not true; No. 2, for those under this amendment, the FBI could that will bind all of our intelligence in- who know what is going on, it is irre- be barred from using this simple, yet terrogations on the hope that al-Qaida sponsible; No. 3, it is the kind of thing invaluable, technique. will discover civility. that fuels the media of our enemies. I FBI lawyers have told us that they Let me also clarify a comment from would not be surprised to see some of need more time to conduct a full legal our distinguished committee chairman these comments reported in Al- review of the field manual and deter- about the interrogation of Ibn Shaykh Jazeera. mine along with their counter- al-Libi. It was suggested that al-Libi What happened at Abu Ghraib was intelligence and counterterrorism divi- lied to interrogators because of the tragic. There were criminal acts by sions what impact using only the field CIA’s ‘‘coercive’’ techniques. However, American troops. We punished them, manual would have on interrogations. al-Libi was not in CIA custody—or for- but nobody talks about the fact that We should give them time to do this re- eign custody for that matter—when he we punished them and sent them to view before we pass a bill that could se- made claims about Iraq training al- prison. They went to the brig, as they verely undermine their interrogation Qaida members in poisons and gases. should. Now we have heard discussions practices. In fact, it was only when al-Libi was attributing to the CIA all manner of Aside from these concerns, the Army interviewed by CIA officers that he re- activities that are wrong, improper, Field Manual on Interrogation was de- canted his earlier statements. not usable, and are not used. signed as a training document. It is I believe we still have a lot of work I think it is important we clear the changeable, which means the Con- to do before we impose restrictions on record. I wish some of the people who gress—and the CIA and FBI have no CIA and FBI interrogations that could know better would say I didn’t mean to idea what techniques may be added—or have severe consequences for our intel- say that the CIA does these things, be- subtracted—tomorrow, next month, or ligence collection. cause the people on the Intelligence next year. A moving document is not a Now, I want to make clear what my Committee know precisely what is sound basis for good legislation. position is here today. For the past done and what is not done. There are also practical con- several months, I have worked hard to Mr. WARNER. Will the Senator yield sequences to applying this unclassified put together a reasonable bill that al- for a moment? military training manual to civilian lows the Intelligence Committees to Mr. BOND. I am happy to. agencies; as we heard earlier, having conduct necessary oversight, while cog- Mr. WARNER. As a Senator from one standard that can be publicly nizant of the administration’s concerns Virginia, I am proud to have the CIA judged by the entire world. We are about resources and executive branch principal office in my State. I have talking about intelligence interroga- prerogatives. been working with them for 30-some- tions. We should not broadcast to the I understand that no administration odd years. I have gotten to know many world, to our enemies, exactly what likes oversight. But oversight is essen- of them through the years. They are

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2045 not people who would set out to violate I say ‘‘19 unclassified techniques’’ be- A time-honored technique, one that the laws of our Nation. They are just cause those techniques not only have has led to countless successful prosecu- like you and me. They have families been published widely, but they are in- tions, is deception—for example, tell- and the same values we share in the cluded in al-Qaida training manuals. ing a suspect that his associate has Senate and in our neighborhoods. They So the al-Qaida high-value leaders—the confessed even though the associate do go abroad and assume an awful lot people with the information—know has refused to cooperate. But as I read of personal risk on a number of mis- precisely what it is all about. the Army Field Manual, I don’t see sions. But in terms of following the If this legislation passes, and were it that that is authorized. So under this laws of our Nation, and the inter- to be signed into law—which all of us amendment, the FBI could be barred national laws, I think they stand head know it will not—we all need to under- from using this simple, yet invaluable, and shoulders, and they are to be com- stand fully that the FBI and CIA inter- technique. mended. rogators may only use the 19 tech- FBI lawyers have told us they need Mr. BOND. Madam President, I thank niques authorized in the field manual. more time to conduct a full legal re- my distinguished colleague from Vir- According to the field manual, they view of the Army Field Manual to de- ginia. He is one of the real experts in would have to get a clearance from an termine, along with their counterintel- this body on military and intelligence OC–6, a military officer. That was de- ligence and counterterrorism divisions, affairs. I can tell you that having signed for the military, not for the what impact using only the field man- talked with General Hayden and the CIA, not for the FBI. When my distin- ual would have on interrogations. We other top officers of the Agency, get- guished colleague from Virginia passed should give them time to do this re- ting to know Attorney General Mike the Detainee Treatment Act, he and view before we pass a bill that could se- Mukasey and those other responsible, the Senator from Arizona, Senator verely undermine their interrogation high-principled officials who are over- MCCAIN, expressly left the CIA out of practices. seeing it, it is not a danger that we are the limitations to the Army Field Man- Aside from these concerns, the Army going to see torture or inhumane or de- ual. Field Manual on Interrogation was degrading treatment used. As CIA Director Michael Hayden has signed as a training document. It is Now, again, during the House-Senate said: changeable, which means the Con- conference for the fiscal year 2008 In- I don’t know anyone who has looked at the gress—and the CIA and FBI—has no telligence authorization bill, an Army Field Manual who could make the claim that what’s contained in there ex- idea what techniques may be added or amendment—section 327—was adopted hausts the universe of lawful interrogation subtracted tomorrow, next month or that would prevent any element of the techniques consistent with the Geneva Con- next year. intelligence community from using an ventions. Are we really ready in this body to interrogation technique not authorized He described a whole area of tech- define something as a standard, a by the Army Field Manual. niques. There are a whole group of changing field manual? When do we Earlier today, it was stated on the techniques that we use on the volun- ever do that, saying everybody has to floor that the full membership of the teers who join our Marines, Special follow the Army Field Manual, and the conference committee, the full mem- Forces, our SEALs, our pilots, which I Army Field Manual can be changed bership of the House Intelligence Com- described earlier today. Many tactics when and if it is ready. There are prac- mittee, and the Senate Intelligence are far more difficult to withstand tical consequences. The unclassified Committee came to the conclusion than the techniques that are used by military training level is not applica- that interrogations should be con- the CIA in its interrogation. ble to questioning high-value detain- ducted within the terms of the U.S. If we are going to demand that all ees. Army Field Manual. Government agencies must use only This is, I suggest, a very bad meas- Let me be particularly clear that this these techniques, we must make sure ure. I believe the bill without this amendment only passed by a one-vote the Army Field Manual doesn’t leave amendment would have been a very margin. The conference was sharply di- out other moral and legal techniques good one. I cannot urge my colleagues vided on the issue, as reflected by the needed by these agencies. I don’t be- to vote for it. fact that no House Republicans signed lieve the Intelligence Committee has The PRESIDING OFFICER. All time the conference report and only two adequately pursued this issue. has expired. The question is on agree- Senate Republicans signed the report. How many of those techniques do we ing to the conference report to accom- The problem with this provision is want to publish so our al-Qaida targets pany H.R. 2082. not that it says the interrogators can- will know how to resist them? Having Mr. WARNER. Have the yeas and not use certain techniques. Most of the a single interrogation standard does nays been ordered? techniques prohibited by the Army not account for the significant dif- The PRESIDING OFFICER. They Field Manual are so repugnant that I ferences in why and how intelligence is have not been ordered. think we can all agree they should not collected by the military, CIA and FBI, Mr. WARNER. I ask for the yeas and be and would never be used. and from whom it is collected. nays. In fact, this vote is not about torture Much has been made of the FBI say- The PRESIDING OFFICER. Is there a or about waterboarding. Despite what ing they do not use coercive tech- sufficient second? you have heard on the floor, it is not niques. That is accurate. The FBI oper- There appears to be a sufficient sec- about waterboarding. Torture is repug- ates in a different world—where confes- ond. nant. We have stated that time and sions are usually admitted into evi- The clerk will call the roll. time again—in the Detainee Treatment dence during a prosecution. This means The assistant legislative clerk called Act and in other laws we passed. they have to satisfy standards of vol- the roll. Whether one believes it is torture is ir- untariness that do not bind either the Mr. DURBIN. I announce that the relevant because waterboarding is not military or CIA. When they question Senator from New York (Mrs. CLIN- in the CIA’s interrogation program. somebody, they are trying to stop a TON), the Senator from Missouri (Mrs. The problem is the provision in the terrorist attack from happening in the MCCASKILL), and the Senator from Illi- conference report establishes a very future. They are in the field. The FBI nois (Mr. OBAMA) are necessarily ab- limited set of techniques, and these are is investigating a crime that has been sent. the only techniques any interrogator committed in the hopes of punishing Mr. KYL. The following Sentor is may use. So the vote is about whether those people. There are significant con- necessarily absent: the Senator from the FBI and CIA should be restricted to cerns about whether the FBI would South Carolina (Mr. GRAHAM). a set of 19 unclassified techniques, de- even be able to conduct ordinary inter- Further, if present and voting, the signed for the Army, which have not rogations using the techniques in the Senator from South Carolina (Mr. been examined fully by some agencies. Army Field Manual. GRAHAM) would have voted ‘‘nay.’’

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The result was announced—yeas 51, Dorgan amendment No. 3899, in the nature LAUTENBERG, LINCOLN, KLOBUCHAR, nays 45, as follows: of a substitute. MURRAY, CANTWELL, MENENDEZ, and Sanders amendment No. 3900 (to amend- [Rollcall Vote No. 22 Leg.] DURBIN. ment No. 3899), to provide for payments YEAS—51 This amendment is simple and under subsections (a) through (e) of section straightforward. At a time when home Akaka Feingold Mikulski 2604 of the Low-Income Home Energy Assist- Baucus Feinstein Murray ance Act of 1981. heating prices are going through the Bayh Hagel Nelson (FL) roof—and I think every Member who Biden Harkin Pryor Mr. REID. Madam President, Senator goes back to his or her State under- Bingaman Inouye Reed TESTER has indicated to me that he has stands that the cost of home heating Boxer Johnson Reid an amendment to work on. There are a Brown Kennedy Rockefeller oil is soaring—people understand that Byrd Kerry Salazar number of people who want to offer in areas around this country, including Cantwell Klobuchar Sanders amendments, and I think it would be to the State of Vermont, the weather has Cardin Kohl Schumer our advantage—it is not as if it is the been well below zero. What this amend- Carper Landrieu Smith middle of the night; it is still in the Casey Lautenberg Snowe ment would do is provide real relief to Collins Leahy Stabenow 4s—if there could be some amendments millions of senior citizens on fixed in- Conrad Levin Tester offered. We are going to work on this comes, low-income families with chil- Dodd Lincoln Webb all day tomorrow and hopefully we can Dorgan Lugar Whitehouse dren, and people with disabilities. Durbin Menendez Wyden finish it Friday. If not, we are going to Specifically, this amendment would stay here until we finish it. NAYS—45 provide $800 million in emergency fund- Indian health deserves this. There is ing for the Low-Income Home Energy Alexander Crapo McCain no group of people in America who de- Allard DeMint McConnell Assistance Program—otherwise known Barrasso Dole Murkowski serves our attention more than Indi- as LIHEAP—a program that has won Bennett Domenici Nelson (NE) ans. It is that way with the 22 different bipartisan support year after year here Bond Ensign Roberts organizations in Nevada and all over in Congress because people know it Brownback Enzi Sessions the country. So I would hope we can Bunning Grassley Shelby works. Burr Gregg Specter work together. Its goal is simply stated: To keep Chambliss Hatch Stevens I think we have had some success Americans from going cold in the win- Coburn Hutchison Sununu during these first few weeks of this tertime. It has done this for years, and Cochran Inhofe Thune Coleman Isakson Vitter year of Congress. We were at the White we have to appropriate more money to Corker Kyl Voinovich House with the President signing the make sure we do that again this year. Cornyn Lieberman Warner stimulus bill. It is time to celebrate Specifically, $400 million of the $800 Craig Martinez Wicker that. Was it everything we wanted? No. million would be distributed under the NOT VOTING—4 But it is good work, and we should all regular LIHEAP formula, while the Clinton McCaskill be proud of that. other $400 million would be used under Graham Obama We passed this conference report on the emergency LIHEAP program. The conference report was agreed to. intelligence, and the President will This amendment has strong support Mr. REID. Madam President, I move have to make a decision on that in the not only from many Members of the to reconsider vote. future, as to what he wants to do, but Senate and Members of the House, but Mr. LEAHY. I move to lay that mo- it is out of this body. it has strong support from the National tion on the table. I hope we could move forward on In- Governors Association, the National The PRESIDING OFFICER. Without dian health. We have been waiting Conference of State Legislators, the objection, it is so ordered. years to direct the attention to them. AARP, the National Energy Assistance f The attention is now directed, and with Directors Association, and many other the result of what has happened here, groups. INDIAN HEALTH CARE IMPROVE- we can spend some quality time on this Let me very briefly quote from a let- MENT ACT AMENDMENTS OF matter. I hope those who wanted to ter I received from the National Gov- 2007—Resumed offer amendments will do so. We can ernors Association in support of this Mr. REID. Madam President, I be- work into the night. I hope we can amendment. lieve the regular order now is Indian have some votes tonight. Senator DOR- Additional funding distributed equitably Health. I would ask the Chair to report GAN and Senator MURKOWSKI are anx- under this amendment will support critically if that is in fact the case. ious to move forward. needed heating and cooling assistance to The PRESIDING OFFICER. That is Madam President, I suggest the ab- millions of our most vulnerable, including the elderly, disabled and families who often correct. sence of a quorum. The clerk will report. have to choose between paying their heating The PRESIDING OFFICER. The or cooling bills and food, medicine and other The assistant legislative clerk read clerk will call the roll. essential needs. as follows: The assistant legislative clerk pro- According to the National Governors A bill (S. 1200) to amend the Indian Health ceeded to call the roll. Association, this amendment will pro- Care Improvement Act to revise and extend Mr. SANDERS. Madam President, I vide much needed energy assistance to that Act. ask unanimous consent that the order at least 1 million American families—1 Pending: for the quorum call be rescinded. million. Others already receiving Bingaman-Thune amendment No. 3894 (to The PRESIDING OFFICER. Without LIHEAP will receive more help due to amendment No. 3899), to amend title XVIII of objection, it is so ordered. the skyrocketing costs of home heating the Social Security Act to provide for a limi- AMENDMENT NO. 3900 tation on the charges for contract health fuel. services provided to Indians by Medicare pro- Mr. SANDERS. Madam President, I Let me very briefly quote from a let- viders. wish to call up amendment No. 3900, ter I recently received from the AARP. Vitter amendment No. 3896 (to amendment and I ask for its immediate consider- This is what the AARP says: No. 3899), to modify a section relating to lim- ation. People should not have to choose between itation on use of funds appropriated to the The PRESIDING OFFICER. That is a heating and eating. Older Americans who are Service. pending amendment. more susceptible to hypothermia and heat Brownback amendment No. 3893 (to amend- Mr. SANDERS. Madam President, stroke know the importance of heating and ment No. 3899), to acknowledge a long his- this tripartisan amendment is being cooling their homes. They pay their utility tory of official depredations and ill-con- bills and skimp on other necessities to get ceived policies by the Federal Government cosponsored by Senators CLINTON, by. However, no one in America should be regarding Indian tribes and offer an apology OBAMA, SNOWE, COLLINS, LEAHY, forced to skip their medications or cut back to all Native Peoples on behalf of the United SUNUNU, KENNEDY, GORDON SMITH, on essential nutritional needs in order to States. COLEMAN, KERRY, STABENOW, SCHUMER, keep their heat on.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2047 That is from the AARP. or cooling bills and food, medicine and other We urge you to support the Sanders-Snowe I ask unanimous consent to have essential needs. With greater financial sup- LIHEAP amendment, and to continue the these letters printed in the RECORD. port, states will be better able to increase fight for full funding of LIHEAP. There being no objection, the mate- benefit levels in correspondence with rising Sincerely, PETE HERSHBERGER, rial was ordered to be printed in the energy costs, and to reach at least a million other federally-eligible households who cur- Arizona Representative, Chair, NCSL RECORD, as follows: rently do not receive assistance due to fund- Committee on Human Services & Welfare. AARP, ing limitations. Washington, DC, January 24, 2008. SOUTHERN GOVERNORS’ ASSOCIATION, The National Governors Association ap- Hon. BERNARD SANDERS Washington, DC, December 18, 2007. U.S. Senate, plauds the bipartisan efforts of you and your colleagues in reaching this compromise, and STATEMENT ON ADDITIONAL FY 2008 LOW IN- Washington, DC. COME HOME ENERGY ASSISTANCE PROGRAM fully supports adding $800 million to FY 2008 DEAR SENATOR SANDERS: AARP applauds (LIHEAP) FUNDING you for your continued efforts to increase to help LIHEAP respond to the current Due to high and rising energy costs, efforts funding for the Low Income Energy Assist- emergency energy situation. are underway in Congress to allocate an ad- ance (LIHEAP) program. We thank you for Sincerely, ditional $800 million to the LIHEAP program offering an amendment to increase LIHEAP JAMES H. DOUGLAS, for FY 2008. Senator Dole has worked with funding for FY 2008 by $800 million on S. 1200, Chair, Health and her colleagues from cold weather states on a the Indian Health Care Improvement Act Human Services compromise agreement that would equitably Amendments of 2007. We are pleased to sup- Committee. distribute these additional funds by splitting port your amendment. JON S. CORZINE, them equally between the LIHEAP base for- People should not have to choose between Vice Chair, Health mula grant and the contingency fund. The heating and eating. Older Americans, who and Human Services additional $400 million in the base formula are more susceptible to hypothermia and Committee. grant would be distributed by the LIHEAP heat stroke, know the importance of heating ‘‘tier II’’ formula, which bases funding to and cooling their homes; they pay their util- NATIONAL CONFERENCE OF states on the actual energy needs of low-in- ity bills and skimp on other necessities to STATE LEGISLATURES, come households, and therefore provides for get by. However, no one in America should Washington, DC, January 23, 2008. equitable distribution to Southern slates. be forced to skip their medications or cut Recognizing the increasing need for back on essential nutritional needs in order DEAR SENATOR, I am writing on behalf of LIHEAP funds and the interest of the Con- to keep their heat on. the National Conference of State Legisla- gress in providing these funds, the Southern LIHEAP helps the poorest of the poor. tures (NCSL) to strongly urge you to support Governors’ Association supports this com- Nearly three out of four families receiving the amendment offered by Senator Sanders promise. SGA supported a similar com- LIHEAP assistance have incomes of less and Senator Snowe that would add an addi- promise in FY 2006 when Congress made an than 100 percent of the federal poverty level tional $800 million to the Low Income Home additional $1 billion available for LIHEAP, ($16,600 for a family of three) and almost one Energy Assistance Program (LIHEAP) fund- split equally between the base formula grant in two have incomes less than 75 percent of ing for FY 2008. The amendment would divide and the contingency fund. the federal poverty level ($12,225 for a family the additional funding equally between the formula and emergency contingency por- This compromise is an important step to- of three). wards the long-term goal of a more equitable tions of the program. LIHEAP is serving more households than distribution of LIHEAP funding among all ever before, but still cannot meet the need. LIHEAP is a highly efficient federal block states. SGA urges Congress to move imme- Since 2002, an additional 1.5 million house- grant program that helps our most vulner- diately to address equity as a priority as holds are receiving LIHEAP assistance. At able low-income households pay their heat- part of LIHEAP reauthorization. the same time, requests for LIHEAP assisting bills in the winter and cooling bills in Mr. SANDERS. I commend sub- ance in 2006 soared to the highest level in 12 the summer. LIHEAP prioritizes at-risk committee chairman Senator HARKIN, years. households that shelter America’s elderly, Additional funding is needed now. High en- disabled, and very young and protects public subcommittee ranking member Sen- ergy prices have not gone away and the health and safety by helping low-income ator SPECTER, Appropriations chair- weather has proven very unpredictable—ad- families cover energy costs. By leveraging man Senator BYRD, and ranking mem- ditional funding is needed now and in the fu- private dollars to supplement federal dollars, ber Senator COCHRAN for providing a ture to protect some of the most vulnerable LIHEAP has nurtured positive, effective total of about $2.6 billion in funding for populations in America. Should you have partnerships between the private sector and any questions regarding this request, please LIHEAP in the Omnibus appropriations contact me or Timothy Gearan of our Fed- both federal and our state governments. bill. Their job was a difficult one. eral Affairs staff. Millions of low-income families are bur- There was not enough money available Sincerely, dened with the hardship of paying arrearage to do all that needed to be done, but DAVID P. SLOANE, from both last winter’s heating bills and they did their best for LIHEAP and for Senior Managing Director, summer’s cooling bills, in addition to grap- our critical needs. Government Relations and Advocacy. pling with impending and actual shut-off sit- Unfortunately, this $2.6 billion in uations. At a time of heightened need and funding for LIHEAP, while an 18-per- NATIONAL GOVERNORS ASSOCIATION, with energy prices expected to continue to cent increase from last year, is still 23 Washington, DC, January 24, 2008. climb, state legislatures do not want our Hon. BERNIE SANDERS, citizens choosing between paying an energy percent below what was provided for U.S. Senate, bill and putting food on the table, or pur- LIHEAP just 2 years ago. That 23 per- Washington, DC. chasing necessary medications. For individ- cent reduction is not even adjusting for DEAR SENATOR SANDERS: On behalf of the uals and households facing these difficult inflation. We are talking here about nation’s governors, we write to express our choices, funding from LIHEAP makes an in- nominal dollars. support for the Sanders-Snowe amendment trinsic difference in their ability to address Two years ago, the price of heating to add $800 million in emergency funding to such formidable challenges. oil was less than $2.50 a gallon; today, the Low-Income Home Energy Assistance it is over $3.30 a gallon. In central Program (LIHEAP) for FY 2008. We commend Since LIHEAP’s inception, the number of you and your colleagues for working in part- eligible households has increased by 78 per Vermont, we have seen prices as high nership to build bipartisan support for this cent, yet in FY 2006, states were only able to as $3.73 a gallon this winter for heating proposal, and we believe the compromise of serve less than a quarter of the 24.4 million oil. splitting this funding equitably between the eligible households. An increase in funding According to the National Energy LIHEAP base formula grant under the ‘‘Tier for LIHEAP will help ensure that households Assistance Directors Association, due II’’ formula and the contingency fund is a in all regions are prepared to handle both the to insufficient funding, the average step in the right direction. cold and warm, and in the past few years un- LIHEAP grant only pays for 18 percent predictable, weather. NCSL believes that in- Additional funding distributed equitably of the total cost of heating a home under this amendment will support critically creased LIHEAP funding should be a top pri- needed heating and cooling assistance to ority to help low-income families, senior with heating oil this winter, 21 percent millions of our most vulnerable, including citizens, and disabled individuals maintain of residential propane costs, 41 percent the elderly, disabled, and families that often economic stability while addressing ever-in- of natural gas costs, and 43 percent of have to choose between paying their heating creasing energy prices. electricity costs. What this means, in

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2048 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 plain English, is that low-income fami- There is a lot of discussion on this Mr. TESTER. Mr. President, this lies with children, senior citizens on floor about emergencies. This is an amendment is designed to encourage fixed incomes, and people with disabil- emergency. There is a lot of discussion law enforcement in Indian country—at ities will have to make up the remain- on this floor about moral values. This the local, State, and Federal level—to ing cost out of their own pockets. The is a moral issue. In the United States work together to combat methamphet- problem is that millions of those peo- of America, the wealthiest Nation in amine issues. It encourages local, ple simply do not have the money to the history of the world, millions of State, and Federal police to enter into make up the difference. senior citizens and low-income parents memorandums of understanding with In addition, only 16 percent of eligi- with kids should not be forced to worry tribal law enforcement to pool re- ble LIHEAP recipients currently re- about whether their homes will be sources to fight meth addiction. It does ceive assistance with their home heat- warm this winter. People should not not require it; it just encourages it. All ing bills, and 84 percent of eligible low- have to make the choice between keep- four law enforcement entities should income families with children, seniors ing warm or paying for other basic ne- collaborate to ensure that all can be on fixed incomes, and people with dis- cessities of life. This is an emergency done to beat back the meth problems abilities do not receive any LIHEAP situation. This is a moral situation. that plague Indian country. assistance whatsoever due to a lack of I wish to thank all of the cosponsors Methamphetamine abuse is an Amer- funding. who have come on board this legisla- ican problem. It infiltrates and dev- In my State of Vermont, it has been tion. I ask my colleagues to strongly astates communities across the coun- reported that outrageously high home support this amendment. try. Unfortunately, it is a problem that heating costs are pushing families into I ask for the yeas and nays. disproportionately impacts tribal com- homelessness. In fact, it is not uncom- The PRESIDING OFFICER. Is there a munities. American Indians now expe- mon for families with two working par- sufficient second? rience the highest meth usage rates of ents to receive help from homeless There does not appear to be a suffi- any ethnic group. shelters in the State of Vermont be- cient second. I will give one example. American In- cause they cannot find anyplace else to Mr. SANDERS. Mr. President, I sug- dians use methamphetamines 17 times live in winter. gest the absence of a quorum. higher than African Americans. The But this is a national energy emer- The PRESIDING OFFICER (Mr. list goes on and on. They are the high- gency certainly well beyond Vermont PRYOR) The clerk will call the roll. est meth usage ethnic group. Beyond and well beyond the Northeast. On Jan- The bill clerk proceeded to call the the high rate of meth use among Amer- uary 17, 1 day after the President re- roll. ican Indians, Alaska natives, and na- leased $450 million in emergency Mr. TESTER. I ask unanimous con- tive Hawaiians nationwide, individual LIHEAP funding, the National Energy sent that the order for the quorum call Indian tries have been struggling with Assistance Directors Association testi- be rescinded. the impact of meth use on their com- fied in front of the Health, Education, The PRESIDING OFFICER. Without munities. For example, on the North- Labor, and Pensions Committee field objection, it is so ordered. ern Cheyenne reservation in Montana hearing chaired by Senator KENNEDY. Mr. TESTER. Mr. President, I ask in 2005, 16 out of 64 babies, or 25 per- Here is what the national energy direc- unanimous consent that the pending cent, were born to meth-addicted tors reported on just a few of the amendment be set aside. mothers. This number has increased in States: The PRESIDING OFFICER. Without 2006. We must do everything possible to In Arkansas, the number of families objection, it is so ordered. address this epidemic and protect our receiving LIHEAP assistance is ex- AMENDMENT NO. 4020 TO AMENDMENT NO. 3899 children from this scourge of modern pected to be reduced by up to 20 per- Mr. TESTER. I send amendment No. society. cent from last year unless we get more 4020 to the desk and ask for its imme- In hearings before the Indian Affairs funding. diate consideration. Committee, we heard testimony about The State of Arizona estimates they The PRESIDING OFFICER. The Mexican drug cartels targeting rural will have to cut the number of families clerk will report. reservations. They are targeting these receiving LIHEAP assistance by 10,000 The bill clerk read as follows: vulnerable areas both for the sale of as compared to last year. The Senator from Montana [Mr. TESTER] meth and for distribution hubs. Drug In Delaware, the number of families proposes an amendment numbered 4020 to smugglers target Indian communities receiving LIHEAP assistance will be amendment No. 3899. for several reasons: the complex nature reduced by up to 20 percent. In Iowa, regular LIHEAP grants have Mr. TESTER. I ask unanimous con- of their criminal jurisdiction on Indian been cut by 7 percent from last year. sent that reading of the amendment be reservations and because tribal police In Maine, the average LIHEAP grant dispensed with. forces have been historically under- will only pay for about 2 to 3 weeks of The PRESIDING OFFICER. Without funded and understaffed. This is a big home heating costs in most homes in objection, it is so ordered. problem. It is a huge problem in Indian that State. The amendment is as follows: country. We need to encourage Indian The State of Kentucky could run out (Purpose: To express the sense of Congress tribes, Federal police, local police to of LIHEAP funds in the near future. regarding law enforcement and meth- sign memorandums of understanding In Massachusetts, the spike in energy amphetamine issues in Indian country) by each of these four different enti- costs means that the purchasing cost On page 336, between lines 2 and 3, insert ties—Indian government, State govern- for LIHEAP has declined by 39 percent the following: ment, local government, and Federal since 2006. ‘‘SEC. 815. SENSE OF CONGRESS REGARDING LAW law enforcement agencies. These mem- ENFORCEMENT AND METHAMPHET- The State of Minnesota could run out AMINE ISSUES IN INDIAN COUNTRY. orandums will identify specific law en- of LIHEAP funding as well. ‘‘It is the sense of Congress that Congress forcement activity and establish ex- On and on it goes. In New York encourages State, local, and Indian tribal actly what each agency is responsible State, in Ohio, in Rhode Island, in law enforcement agencies to enter into for. Texas, in Washington, in State after memoranda of agreement between and The feedback we hear is that the State the simple arithmetic works out among those agencies for purposes of stream- memorandums that are in place are that if the cost of heating fuel is soar- lining law enforcement activities and maxi- working and that the agencies partici- ing, in order to provide the same bene- mizing the use of limited resources— pating in these agreements report a fits to the same number of people, we ‘‘(1) to improve law enforcement services significant increase in communication provided to Indian tribal communities; and need to significantly increase our fund- ‘‘(2) to increase the effectiveness of measures and a decrease in traffic. This amending for LIHEAP, and we are not doing to address problems relating to methamphet- ment simply asks law enforcement and that. That is what this amendment is amine use in Indian Country (as defined in agencies at every level to work to- about. section 1151 of title 18, United States Code). gether to beat the meth problem and

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2049 improve quality of life in Indian coun- Senator from Montana has suggested. Mrs. MURRAY. Madam President, I try. We need to do far more when it comes move to lay that motion on the table. By signing memorandums of under- to meth use and abuse. We need to do The motion to lay on the table was standing, our communities will be bet- far more when it comes to drug abuse agreed to. ter prepared to tackle this meth prob- in general. I appreciate the focus and The PRESIDING OFFICER. The Sen- lem. At the same time we foster Indian attention to this particularly deadly ator from New Hampshire is recog- self-determination and strengthen gov- scourge, that of methamphetamine. I nized. ernment-to-government relationships. will stand with the Senator from Mon- AMENDMENT NO. 4022 TO AMENDMENT NO. 3900 The amendment will improve Indian tana and support the amendment. Mr. GREGG. Madam President, I country and, in effect, every commu- The PRESIDING OFFICER. The Sen- send an amendment to the desk. nity in this country. I encourage my ator from Montana. Madam President, is the Sanders colleagues to join me in voting for this Mr. TESTER. I thank the chairman amendment pending? amendment. of the committee as well as the rank- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ing member for their support. Any- ator’s amendment is pending. The ator from North Dakota. thing we can do to help limit the im- clerk will report. Mr. DORGAN. Mr. President, for the pact of methamphetamine in Indian The legislative clerk read as follows: information of colleagues, with the country and throughout society is a The Senator from New Hampshire [Mr. agreement of the minority, I ask unan- step in the right direction. GREGG] proposes an amendment numbered imous consent that we have the vote I ask for the yeas and nays. 4022 to amendment No. 3900. scheduled at 5:25 and that we have con- The PRESIDING OFFICER. Is there a Mr. GREGG. I ask unanimous consent that there not be other amend- sufficient second? sent that the reading of the amendments in order prior to the vote on this There is a sufficient second. ment be dispensed with. amendment. The question is on agreeing to The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without amendment No. 4020. The clerk will objection, it is so ordered. objection, it is so ordered. call the roll. The amendment is as follows: Mr. DORGAN. Mr. President, the The legislative clerk called the roll. Mr. DURBIN. I announce that the (Purpose: To provide funding for the Low-In- issue of methamphetamine on Indian come Home Energy Assistance Program in Senator from New York (Mrs. CLIN- reservations is a dilemma. It is dev- a fiscally responsible manner) TON), the Senator from Missouri (Mrs. astating scourge to Indian reserva- Strike all after line 1 and insert the fol- MCCASKILL), and the Senator from Illi- tions. The Senator from Montana asks lowing: nois (Mr. OBAMA) are necessarily ab- for cooperation of law enforcement ju- TITLE III—MISCELLANEOUS sent. risdictions to form opportunities to SEC. 301. LOW-INCOME HOME ENERGY ASSIST- Mr. KYL. The following Senators are ANCE PROGRAM. work together. It makes a lot of sense. necessarily absent: the Senator from It is not a mandate. He is not requiring (a) IN GENERAL.—There are authorized to South Carolina (Mr. GRAHAM) and the be appropriated, and there are appropriated, it. But he is shining a spotlight on one Senator from Texas (Mrs. HUTCHISON). out of any money in the Treasury not other- of the significant health problems on The PRESIDING OFFICER (Ms. wise appropriated— Indian reservations. If I spent the time CANTWELL). Are there any other Sen- (1) $400,000,000 (to remain available until to talk to you about the testimony we ators in the Chamber desiring to vote? expended) for making payments under sub- received in committee hearings about The result was announced —- yeas 95, sections (a) through (d) of section 2604 of the what methamphetamine addiction has nays 0, as follows: Low-Income Home Energy Assistance Act of done, it is almost unbelievable. I won’t 1981 (42 U.S.C. 8623); and [Rollcall Vote No. 23 Leg.] (2) $400,000,000 (to remain available until describe that in detail here. YEAS—95 I support the sense-of-the-Senate res- expended) for making payments under sec- Akaka Dole Menendez tion 2604(e) of the Low-Income Home Energy olution. It makes a great deal of sense. Alexander Domenici Mikulski Assistance Act of 1981 (42 U.S.C. 8623(e)), not- My colleague from Alaska will no Allard Dorgan Murkowski withstanding the designation requirement of doubt want to give her thoughts. I be- Barrasso Durbin Murray section 2602(e) of that Act (42 U.S.C. 8621(e)). Baucus Ensign lieve the Senator from Montana will Nelson (FL) (b) RESCISSION.— Bayh Enzi Nelson (NE) ask for the yeas and nays. Bennett Feingold (1) IN GENERAL.—Notwithstanding any Pryor other provision of law, each discretionary The PRESIDING OFFICER. The Sen- Biden Feinstein Reed amount provided by the Consolidated Appro- ator from Alaska. Bingaman Grassley Reid Bond Gregg Roberts priations Act, 2008 (Public Law 110–161; 121 Ms. MURKOWSKI. Mr. President, I Boxer Hagel Rockefeller Stat. 1844), excluding the amounts made rise in support of the amendment and Brown Harkin Salazar available for the purposes described in para- Brownback Hatch of the Senator from Montana in this ef- Sanders graph (2), is reduced by the pro rata percent- Bunning Inhofe fort. We are using a pretty devastating Schumer Burr Inouye age required to reduce the total amount pro- Sessions word here—scourge—but that is what Byrd Isakson vided by that Act by $800,000,000. we are talking about when we talk Cantwell Johnson Shelby (2) EXCEPTED PURPOSES.—The reduction Cardin Kennedy Smith under paragraph (1) shall not apply to any about methamphetamine use as it has Snowe Carper Kerry discretionary amount made available in the come into this country and, more par- Casey Klobuchar Specter ticularly, how it has devastated the Stabenow Consolidated Appropriations Act, 2008 (Pub- Chambliss Kohl lic Law 110–161; 121 Stat. 1844), for purposes Coburn Kyl Stevens American Indian and the Alaska native of— populations. What more can we be Cochran Landrieu Sununu Coleman Lautenberg Tester (A) the Department of Defense; or doing? What else can we do to shine the Collins Leahy Thune (B) the low-income home energy assistance spotlight, to activate those who need Conrad Levin Vitter program established under the Low-Income to be activated in how do we make a Corker Lieberman Voinovich Home Energy Assistance Act of 1981 (42 Cornyn Lincoln Warner U.S.C. 8621 et seq.). difference? Some would suggest a sense Craig Lugar Webb of the Senate that encourages this ac- Crapo Martinez Whitehouse Mr. GREGG. Madam President, this tion entering into a memorandum of DeMint McCain Wicker amendment is simply an attempt to understanding between agencies, they Dodd McConnell Wyden recognize the need for expanding the should be doing that anyway. They NOT VOTING—5 LIHEAP program in the face of the should be. They should be doing it. Clinton Hutchison Obama dramatic increase in oil prices, but also They should be working to streamline. Graham McCaskill recognizing that in extending the They should be working to better co- The amendment (No. 4020) was agreed LIHEAP program for today, we ordinate. They should be making that to. shouldn’t send the heating bill for that difference. Let’s encourage them even Mr. TESTER. Madam President, I to our children to pay tomorrow, which further by a statement such as the move to reconsider the vote. is exactly how the Sanders amendment

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2050 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 works. It is essentially borrowing ness, of coordination of health care services When Congress debates improving money today. That is obviously not provided to Indians— the Indian health care system, the first good policy. ‘‘(1) through Medicare, Medicaid, or instinct is to allocate more financial Clearly, if we have extra heating bills SCHIP; resources or to create new initiatives. ‘‘(2) by the Service; or in this country today which should be ‘‘(3) using funds provided by— Now, this stems from a strong desire paid for—and we do—the LIHEAP pro- ‘‘(A) State or local governments; or from all of us to help. Yet this same gram does need to be increased because ‘‘(B) Indian Tribes. helping hand can produce overlapping the cost of heating oil has gone up so ‘‘(b) REPORT.—Not later than 18 months government programs, and these will significantly. We should pay for those after the date of enactment of the Indian be overlapping programs that are all costs today. So this amendment takes Health Care Improvement Act Amendments trying to achieve the same goals. of 2007, the Comptroller General shall submit the Sanders language and pays for it. For example, today, neither the gov- The Sanders language represents about to Congress a report— ‘‘(1) describing the results of the evalua- ernment nor Indian advocacy groups an $800,000 increase in the LIHEAP pro- tion under subsection (a); and can explain exactly how funds are used gram. This would be about a two- ‘‘(2) containing recommendations of the to coordinate medical services. The In- tenths-of-1-percent cut across the Comptroller General regarding measures to dian Health Service is not like other board in nondefense appropriations in support and increase coordination of the pro- Federal health care programs. Congress order to pay for that amendment. vision of health care services to Indians as has only limited access to the research It is very simple. It is obviously an described in subsection (a).’’. data that is needed to improve Indian attempt to bring some fiscal discipline Mr. BARRASSO. Madam President, health care. If we do not know where but, more importantly, to reflect the as a physician I have worked for over the resources are being spent, if we do fact that if these heating bills are two decades to help people stay not know the number of programs dedi- going to be paid for—and they should healthy and to help keep down the cated to provide various health care be paid for—we shouldn’t borrow the costs of their medical care. But health services, and if we do not know how money to do it. We shouldn’t ask our issues go way beyond that of a twisted health care services are coordinated, children 10 years, 15 years from now to knee or a painful shoulder. then how can we be certain that we are pay those heating bills, with interest, In my practice I have seen firsthand maximizing our ability to help Native when the bills are incurred today. the obstacles that families face to ob- Americans and Alaska Natives? So that is all it does. I appreciate the tain medical care. Rural hospitals and That is why I have offered amend- courtesy of the Senate in allowing me rural providers must overcome signifi- ment No. 3898 today. This amendment to proceed to offer this amendment. I cant challenges to deliver high-quality requires the Government Account- especially appreciate the courtesy of care in an environment with limited ability Office—the GAO—to submit a the Senator from Wyoming. resources. report to Congress. The report would I ask for the yeas and nays on my Our unique circumstances require us lay out how these various government amendment. to work together to share resources and local programs coordinate health The PRESIDING OFFICER. Is there a and to develop networks. I think every- care services in Indian country. sufficient second? one can agree that these same prin- The GAO study would focus on pro- Mr. GREGG. Madam President, I ciples are critical to support and mod- grams such as Medicare, Medicaid, withdraw my request. ernize the Indian health care delivery children’s health insurance programs, The PRESIDING OFFICER. The Sen- system. and the Indian Health Service. It also ator from Wyoming is recognized. The Wind River Reservation, located would require the GAO to research how AMENDMENT NO. 3898 TO AMENDMENT NO. 3899 near Riverton, WY, is the home of 10,415 members of the Eastern Sho- these Federal programs interact with Mr. BARRASSO. Madam President, I efforts by State, local, and tribal ask unanimous consent that the pend- shone and Northern Arapaho Tribes. It is the third largest reservation in the groups to deliver the essential health ing amendment be temporarily set care services that are so vital to these aside, and I call up amendment No. United States, covering more than 2.2 million acres. citizens. By identifying any overlaps in 3898. spending, as well as pinpointing the The PRESIDING OFFICER. Is there I recently visited with my friends on the Wind River Reservation. The tribal service gaps, then we can develop rea- objection? sonable, commonsense solutions that Without objection, it is so ordered. leaders told me of the hopes they have for their families, their communities, streamline and improve Indian health The clerk will report. care. This way, we can target Federal The legislative clerk read as follows: for Wyoming, and for our great Nation. We spent much of the time discussing funds to programs that are making the The Senator from Wyoming [Mr. greatest impact. Then we can focus on BARRASSO] proposes an amendment num- health care. bered 3898 to amendment No. 3899. Individuals living on the Wind River additional areas where Native Ameri- Reservation have worse than average cans and Alaska Natives need our sup- Mr. BARRASSO. I ask unanimous port and need more support. consent that the reading of the amend- rates for infant mortality, for suicide, The GAO is well known as the inves- ment be dispensed with. for substance abuse, for unintentional tigative arm of Congress, and it is also The PRESIDING OFFICER. Without injuries, for lung cancer, for heart dis- known as the congressional watchdog. objection, it is so ordered. ease, and for diabetes. They shared The amendment is as follows: with me how difficult it can be for GAO helps Congress improve the Fed- eral Government’s performance and en- (Purpose: To require the Comptroller Gen- them to recruit and retain health pro- eral to report on the effectiveness of co- fessionals, to respond effectively to sures programs meet strict account- ordination of health care services provided cultural barriers, and to help individ- ability standards. to Indians using Federal, State, local, and uals make better lifestyle changes and Now, all of that they do for the ben- tribal funds) choices. efit of the American people. We rely on The Indian Health Care Improvement Act We talked about reauthorization of their expert recommendations, which (as amended by section 101(a)) is amended— the Indian Health Care Improvement are unbiased and are set up to make (1) by redesignating sections 816 and 817 as Act, and that is the bill that is now in sound policy decisions. This oversight sections 817 and 818, respectively; and front of the Senate. This legislation is shows us ways to make government (2) by inserting after section 815 the fol- important. It is important to give Na- more efficient, more effective, ethical, lowing: tive Americans the quality care they and equitable. It uncovers what is ‘‘SEC. 816. GAO REPORT ON COORDINATION OF SERVICES. deserve, but it is also important to sup- working and what is not working, and ‘‘(a) STUDY AND EVALUATION.—The Comp- port critical health facilities that can it offers valuable advice on how to fix troller General of the United States shall help drive economic development and it. But, most importantly, this over- conduct a study, and evaluate the effective- job creation. sight helps us plan for the future.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2051 Over the years, the GAO has sub- of Agriculture Agricultural Research process that eliminated the previous mitted a few reports dealing with spe- Service after 33 years of dedicated plant community that occupied the cific Indian health issues. Do any of my work on issues important to the envi- site. Now known as the stand renewal colleagues recall the last time the GAO ronmental health of the Great Basin. process, this hypothesis is one of his completed a comprehensive Indian The Great Basin is North America’s ecological trademarks. health care report? largest desert, encompassing 135 mil- Dr. Young was also an outstanding I am certainly unaware of any recent lion acres of land between the Rocky educator. Over the years, he introduced efforts in this area. How many GAO re- and Sierra Nevada Mountains in west- dozens of high school and college stu- ports have been released regarding ern North America. It includes parts of dents to the field of range science, Medicare, Medicaid, and the different Nevada, Utah, Idaho, Oregon, and Cali- some of whom became Area Directors health professional programs? I think fornia. Land in the Great Basin is arid, for the Agricultural Research Service. we all know the answer. receiving less than 12 inches of rain an- His continued interest in educating We owe it to Native Americans, to nually. Today, population growth, natural resource specialists, as well as Alaska Natives, and to the American wildfires, and invasive species are re- the general public, on science based taxpayers to adopt this amendment. ducing the quality of native rangelands management of Natural Resources has Madam President, I wish to make at an accelerating rate. Recent studies been a tremendous achievement over sure that people of the Wind River Res- by the U.S. Geological Survey and oth- his career. ervation in Wyoming, and all Native ers predict that climate change could We owe a great debt to individuals American people across America, have well be expected to accelerate these like Dr. Young who, make their life’s equal access to quality, affordable changes and associated impacts. Dr. work protecting our natural world. medical care. Young’s professional life was focused Thank you, Dr. Young, for all you have The Indian Affairs Committee, of on understanding the specific chal- done. which I am a member, will continue fo- lenges facing the Great Basin, finding f cusing on this issue long after this In- ways to reverse the trends that threat- GOLD MEDAL FOR AUNG SAN SUU dian Health Care Improvement Act is en its environmental health, and edu- KYI reauthorized. cating people about the uniqueness of It is essential that our committee this beautiful land. Mr. MCCONNEL. Madam President, I have the information it needs to evalu- In 1965, Dr. Young started his career am proud once again to join my friend ate the current delivery system—ex- with USDA’s Agricultural Research and colleague, Senator FEINSTEIN, on a posing barriers that prevent collabora- Service as a range scientist for the matter involving the promotion of tion, that prevent networking, that range and pasture unit in Reno, NV. He freedom and reconciliation in Burma. prevent innovation, and that prevent served as research leader of that unit Today, we join together in support of the sharing of resources. from 1986 to 1998 and was known by awarding the Congressional Gold Medal It is my hope that this GAO report many as the ‘‘Encyclopedia of Western to Burma’s Aung San Suu Kyi. will help all policymakers begin to un- Rangelands.’’ Over the years his exper- When first established in 1776, the derstand where the delivery system is tise and commitment to rangeland Congressional Gold Medal was given to working, where it is not, and offer the issues was recognized through various military leaders for their achievements recommendations that are so impor- awards, such as United States Depart- in battle. Since that time, it has be- tant and so needed to streamline and ment of Agriculture Scientist of the come America’s highest civilian honor, to modernize it. Year, Weed Science Society of America having been bestowed upon great I encourage my colleagues to support Award of Excellence, Society for Range friends of freedom such as Winston the amendment. Management W. R. Chapline Research Churchill, Nelson Mandela, and Martin With that, I suggest the absence of a Award, Outstanding Achievement Luther King, Jr. Granting Suu Kyi the quorum. Award, and Fellow Award, as well as Gold Medal would continue that same The PRESIDING OFFICER. The the Society for Range Management Ne- tradition of honoring heroism in the clerk will call the roll. vada Section Researcher of the Year defense of liberty. The legislative clerk proceeded to Award. For more than 20 years, Aung San call the roll. The State of Nevada awarded Dr. Suu Kyi’s support for justice and de- Mrs. MURRAY. Madam President, I Young with the very first Nevada Weed mocracy has placed her at odds with ask unanimous consent that the order Management Award, which they named the tyranny and oppression of the Bur- for the quorum call be rescinded. the ‘‘James A. Young Award,’’ for his mese junta. She and her supporters The PRESIDING OFFICER. Without tireless work on invasive weed manage- have combated the brutality of the objection, it is so ordered. ment issues. Dr. Young has authored junta with peaceful protest and resist- f and co-authored over 700 scientific arti- ance. She has chosen dignity as her cles, including many books. His books weapon, and she has found allies in de- MORNING BUSINESS have received national recognition, mocracy-loving people around the Mrs. MURRAY. Madam President, I some of which include ‘‘Collecting, world to aid her in her struggle. ask unanimous consent that the Sen- Processing, and Germinating Seeds of Even as I speak, Suu Kyi’s non- ate proceed to a period for the trans- Wildland Plants;’’ ‘‘Endless Tracks in violent fight for democracy continues. action of morning business, with Sen- the Woods’’; ‘‘Purshia: The Wild and Just last week, the Burmese junta an- ators permitted to speak for up to 10 Bitter Roses’’; and ‘‘Cattle in the Cold nounced that it would hold a general minutes each. Desert.’’ Dr. Young recently finished a election in 2010. However, under the re- The PRESIDING OFFICER. Without book, ‘‘Cheatgrass: Fire and Forage on gime’s sham plan for democracy, it objection, it is so ordered. the Range,’’ which is an illustration of would not even permit the country’s f the breadth of knowledge that he has foremost democracy activist, Suu Kyi, on the most popular weed in the Inter- to hold public office. RETIREMENT OF DR. JAMES mountain West. It is often stated that The military junta is fooling no one ALBERT YOUNG Dr. Young has probably forgotten more with its false promises of reform, least Mr. REID. Madam President, today I information on the ecology of Western of all, Suu Kyi and her allies. After all, want to recognize and honor an indi- rangelands that most people in re- she remains under house arrest, as she vidual who has committed much of his source management will ever learn. has for 12 of the last 18 years. That life to the preservation of Western Early in Dr. Young’s career he devel- said, as the regime continues to sup- rangeland and its ecosystems. Dr. oped the hypothesis that the nature press the voices of freedom and peace, James Albert Young retired on Janu- and structure of a wildland plant com- it can be sure that there will be those ary 3, 2008, from the U.S. Department munity is largely controlled by the of us who will stand with Suu Kyi and

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2052 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 the people of Burma as they continue tainly East Timor’s path forward has H. ample time to leave, the complain- their struggle for democracy and jus- not been free from challenges but it ant in the case appealed and the mat- tice. has moved consistently in the right di- ter was elevated to the Territorial Su- By awarding Suu Kyi the Congres- rection. I have long supported a robust preme Court. sional Gold Medal, we are letting the U.N. peacekeeping mission there, I Abner Francis was incensed by the Burmese military junta and the world pressed the administration to take a fact that such a law existed in the so- know that the people of America will hard line with the Indonesia military called free territory of Oregon. He de- continue to speak out in favor of mean- as a result, in part, of its actions in scribed the plight of his brother and de- ingful reform in her country. East Timor, and I spoke out against tailed the case made before the Su- It is particularly fitting that today, the renewed unrest in 2006 which led to preme Court in a letter to his friend February 13 is the birthday of Suu a collapse of many key institutions and and fellow civil rights advocate, Fred- Kyi’s father. Aung San helped lead the once again required the international erick Douglass. When Judge Orville struggle for Burmese independence community to step in and play a key Pratt ruled against the defense, giving after World War II, but was assas- role in security reform. O. H. 4 months to leave the territory, sinated just before its achievement. We cannot overlook the significance Abner engaged Col. William M. King, What could be a more fitting way to of these attacks in East Timor as the then the representative of Portland’s honor the memory of a man who fought country stands to chart a course for district in the State legislature. Rep- for freedom than by rewarding his emerging democracies around the resentative King agreed to try to re- noble daughter for continuing his leg- world. A stable East Timor sends a sig- peal the law outright. The law was not acy? In so doing, we reward them both nal that the international community repealed until 1926, but a group of out- with the promise that the United can work collaboratively and consist- raged Portlanders, led by Abner, suc- States will remain committed to the ently for the betterment of a nation— cessfully petitioned for an exemption same cause, that of a peaceful and free and a people. East Timor has received for O. H. Burma. significant multilateral support over Douglass wasted no time in pub- f the years and if it fails to develop into lishing Francis’s letter. Many aboli- a fully functioning and stable democ- EAST TIMOR tionists and civil rights leaders were racy, we will need to reexamine what learning of racial injustices in the un- Mr. FEINGOLD. Madam President, I kinds of commitment our nation truly developed West for the first time when would like to take a moment to note makes to young democracies striving they read of O. H. Francis’s case. the violent attacks which took place to succeed. For these reasons, I hope Outspoken men and women like earlier this week on the President and this incident is little more than a blip Abner Francis forced Oregonians and Prime Minster of East Timor, or on the radar for Ramos-Horta and that the Nation to acknowledge that the Timor-Leste as it is also called. The his recovery is a speedy one so he can bitter struggle for equality was to be people of East Timor have experienced return to the helm of leadership and fought not just in the East, but also in far too much violence for such a small finish his term as President. the farthest reaches of the American nation and it is time, once again, for f West. Francis must be recognized as the world to renounce violence as a one of the first vocal advocates for ra- CELEBRATING OREGON’S BLACK means to achieving any political agen- cial equality in Oregon. Today, I honor HISTORY da. I condemn such acts and urge all Abner Hunt Francis for his contribu- parties to seek legitimate peaceful— Mr. SMITH. Madam President, each tions. and political—means to ensure their Congress I rise to honor February as voices are heard. Black History Month. Each February f Earlier this week, President Jose since 1926, we have recognized the con- Ramos Horta was shot by rebel sol- tributions of Black Americans to the VOTE EXPLANATION diers. This band of rebels, led by the in- history of our Nation. This month I Mrs. MCCASKILL. Madam President, famous Alfredo Reinado, attacked want to celebrate some of the contribu- today I attended the funeral of Connie President Ramos-Horta outside his tions made by Black Americans in my Karr, my neighbor and city council- house. As a longstanding advocate of home State of Oregon. woman in Kirkwood, MO, which is my East Timor’s self-determination, I have The story of Abner Hunt Francis, a home. Connie Karr died in a tragic at- met President Ramos-Horta and am merchant from Buffalo, NY, is particu- tack on the Town Hall of Kirkwood. I very troubled by this attempt to take larly moving. Francis, a man who was therefore unable to be present for his life and to undermine East Timor- gravitated to leadership, co-founded two rollcall votes taken by the Senate. ese stability and independence. Presi- the Buffalo City Anti-Slavery Society Had I been, I would have voted aye on dent Ramos Horta is a Nobel Peace in 1838 and organized local colored con- the motion to invoke cloture on the Prize winner and is known for his lead- ventions throughout the 1830s and ’40s conference report to accompany H.R. ership of a nonviolent struggle against in his native state. In 1851 he left the 2082, the Intelligence Authorization the Indonesian occupation. It is pre- East Coast for the City of Portland in Act for fiscal year 2008. I would have cisely because of these honorable prin- the Oregon Territory, expecting to en- further voted aye on final passage of ciples that he has espoused, in the face counter freer country on the American H.R. 2082. of repeated violence, that I am doubly frontier. concerned by this recent attack. I am Francis was disappointed to discover f also worried that this violent act could that despite the progressive attitude of ADDITIONAL STATEMENTS affect the stability and progress of this its settlers, racist laws still encum- young country and am pleased that bered Oregon Territory. It was not long Australia has agreed to send additional after opening a boardinghouse that soldiers and police officers to address Francis’s brother, O. H. Francis, was RECOGNIZING DEBRA BROWN any unrest that might occur in the arrested. O. H. was detained in Port- STEINBERG aftermath of this heinous attack. land on the grounds that men and ∑ Mr. COLEMAN. Madam President, I have followed East Timor’s ongoing women of color were not legally al- today I want to recognize the accom- transformation very closely since the lowed in Oregon Territory, pursuant to plishments of Ms. Debra Brown Stein- disastrous crisis in the late 1990s and an existing ‘‘exclusion’’ law. The case berg. Last year, Ms. Steinberg received have been so pleased to see its success- went immediately before a lower court, the Ellis Island Medal of Honor from ful transition from Indonesian occupa- where it was decided that O. H. would the National Ethnic Coalition of Orga- tion to a U.N. administration to an have 6 months to vacate the territory. nizations for her services in rep- independent nation over the years. Cer- Unsatisfied that the judge had given O. resenting the families of noncitizen

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2053 victims of the September 11, 2001, ter- to empower students to take a deeper recognized by the Wellspring Treat- rorist attacks on the World Trade Cen- look at understanding and addressing ment Center in Rapid City, SD, for his ter. With this award, she joins past no- problems that many individuals with many years of service to the local com- table recipients such as former Presi- disabilities face. munity, his outstanding generosity, dents Gerald Ford, George H.W. Bush, I would like to commend Colby Cock- and his dedication to encouraging local and Bill Clinton. ing, Beau Fisher, Spencer Gray, Anna small businesses. It is people like Jim Ms. Steinberg has worked tirelessly Iverson, Travis Mallett, Sean Neal, who make up the backbone of South to help the families of 9/11 victims. She Miles Pfaff, Aaron Rager, Katie Dakota’s communities. played a leading role in the creation of Redman, Steven Tronsen, and Jim the New York Lawyers for the Public Stewart for their accomplishments. Jim White is the owner and founder Interest 9/11 Project shortly after the Washington State is fortunate to have of Sound Pro, a small business that he attacks. Ms. Steinberg was a driving a talented and motivated team that has operated for the past 32 years. He force in the creation of the 9/11 Victims placed in the top 5 out of over 100 en- began the business as a young man and Compensation Fund, which provided a tries in this unique and rewarding com- through hard work and dedication, total of $7 billion to the families of petition. I am proud of the dedication grew the business into an establish- those killed in the attacks, and she and hard work of these students from ment that is both customer and em- drafted a substantial portion of the Washington State. I wish the team well ployee friendly. He has been a shining New York 9/11 Victims and Families in the final round of competitions.∑ example of a hard-working and reliable Relief Act. Over the 6 years following f businessman. that tragic day, her selfless service to these families has never ceased. RECOGNIZING SIOUX FALLS In addition to his dedication to the The Ellis Island Medal of Honor is SEMINARY local business community, Mr. White only the latest in a series of honors ∑ Mr. THUNE. Madam President, today has a special concern for the local that have been appropriately awarded I wish to recognize Sioux Falls Semi- young people. After reading a news- to Ms. Steinberg. In 2006, she received nary located in Sioux Falls, SD, as paper article about a local girl in need the American Bar Association’s Pro they celebrate their 150th anniversary. of a kidney transplant, he didn’t hesi- Bono Publico award for her many ex- The Sioux Falls Seminary is a North tate to get tested as a potential donor. traordinary efforts on behalf of the American Baptist Seminary, which Upon hearing that he was a perfect families of 9/11 victims, which she per- prides itself on the strength of their match, Mr. White generously and self- Bible focused curriculum and the valu- formed without compensation. Her lessly gave his kidney to the young girl able hands on ministry experience that public services have also been honored in order to save her life. twice by the U.S. House of Representa- they provide their students. The dedi- tives, in a New York State Senate reso- cation of the Sioux Falls Seminary to Mr. White is not only a generous lution, and by New York City mayor educating its students for more than local businessman, he also actively Michael Bloomberg. Ms. Steinberg’s 150 years is truly commendable. I am gives his time as a volunteer for many work was also featured in the docu- proud to have such a fine institution in community organizations. He cur- mentary film entitled ‘‘The Legal Com- the State of South Dakota. rently serves as a board member and munity’s Response to September 11th’’ I would like to offer my congratula- also participates as a Big Brother men- and in a similar study entitled ‘‘Public tions to the Seminary of Sioux Falls on tor himself. Jim is a positive influence Service in a Time of Crisis.’’ this milestone accomplishment and and great role model for these boys as Ms. Steinberg’s service should serve wish them continued prosperity in the well as the rest of his community. as an inspiration not only her peers in years to come.∑ Outside of Big Brothers and Big Sis- the legal profession but to all Ameri- f cans.∑ ters, Mr. White also willingly donates TRIBUTE TO SARA MELLEGARD his time to mentor those in the com- f ∑ Mr. THUNE. Madam President, today munity struggling with substance RECOGNIZING THE GARFIELD- I honor Sara Mellegard of Rapid City, abuse and addiction. Despite his ex- PALOUSE HIGH SCHOOL SD, who has been named the Black tremely busy schedule, he puts a high ∑ Mrs. MURRAY. Madam. President, Hills Workshop Artist of the Year. This priority on encouraging and supporting today I recognize the Garfield-Palouse is an impressive accomplishment that people in the community from all High School Junior Engineering Tech- reflects Sara’s hard work and dedica- walks of life. This support is also nical Society, JETS, design team from tion and I am proud to have such a fine shown by his service as a member of Washington State. These outstanding young artist representing the state of the board of directors of the Wellspring young students and their teacher, Mr. South Dakota. Treatment Center, a local nonprofit Jim Stewart, are finalists in the Na- Sara has developed her artistic skills agency that provides treatment and with the help of the staff and resources tional Engineering and Design Chal- services to young people struggling lenge. at the Suzie Cappa Center for Art Ex- with behavioral, emotional and chem- The Garfield-Palouse JETS team re- pression and Enjoyment, which is part ical dependency problems. searched and built a prototype para- of the Black Hills Workshop. In addi- plegic agricultural lift to meet this tion to her painting, Sara also draws In addition to all of his other com- year’s National Engineering and De- and works with ceramics. As a result of mitments, Mr. White is the chairman sign Challenge to design a device to as- her award, Sara’s work will be dis- of the Military Affairs Committee for sist disabled people in the workplace. played at the Suzie Cappa Center, the the Rapid City Chamber of Commerce. Their work to build this lift was in- Dahl Fine Arts Center and a reproduc- He is extremely dedicated to this posi- spired by their desire to help a class- tion of one her paintings, Doves, will tion and has even been given the title mate and will allow access to agri- be available for purchase as a postcard. of ‘‘Honorary Commander’’ for the culture equipment for individuals with It gives me great pleasure to recog- Ellsworth AFB Wing Commander. a disability. Agriculture is an impor- nize Sara Mellegard and to congratu- This honorable recognition is clearly tant part of Washington State’s econ- late her on receiving this well-earned omy, and I am pleased these students award. I wish her continued success in well-deserved. It is dedicated folks like worked on a project that highlights a the years to come.∑ Jim who make up the backbone of South Dakota’s communities and it local industry and will help individuals f with disabilities attain greater inde- gives me great pleasure to commemo- pendence. TRIBUTE TO JIM WHITE rate Jim White on this special occasion The JETS program at Garfield- ∑ Mr. THUNE. Madam President, today and to wish him continued success in Palouse High School is an integral tool I honor Mr. Jim White, who is being the years to come.∑

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2054 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 REPORT OF AN EXECUTIVE ORDER Mrs. Cole, one of its reading clerks, an- MEASURES REFERRED BLOCKING THE PROPERTY AND nounced that the House has passed the The following bills were read the first INTERESTS IN PROPERTY OF following bills, in which it requests the and the second times by unanimous PERSONS DETERMINED TO HAVE concurrence of the Senate: consent, and referred as indicated: BEEN INVOLVED IN THE COR- H.R. 29. An act to authorize the Secretary H.R. 29. An act to authorize the Secretary RUPTION OF SENIOR OFFICIALS of the Interior to construct facilities to proof the Interior to construct facilities to pro- OF THE GOVERNMENT OF vide water for irrigation, municipal, domes- vide water for irrigation, municipal, domes- SYRIA—PM 38 tic, military, and other uses from the Santa tic, military, and other uses from the Santa The PRESIDING OFFICER laid be- Margarita River, California, and for other Margarita River, California, and for other purposes. fore the Senate the following message purposes; to the Committee on Energy and H.R. 2251. An act to extend the Acadia Na- Natural Resources. from the President of the United tional Park Advisory Commission, to provide H.R. 2251. An act to extend the Acadia Na- States, together with an accompanying improved visitor services at the park, and for tional Park Advisory Commission, to provide report; which was referred to the Com- other purposes. improved visitor services at the park, and for mittee on Banking, Housing, and H.R. 3332. An act to provide for the estab- other purposes; to the Committee on Energy Urban Affairs: lishment of a memorial within Kalaupapa and Natural Resources. National Historical Park located on the is- H.R. 3332. An act to provide for the estab- To the Congress of the United States: land of Molokai, in the State of Hawaii, to lishment of a memorial within Kalaupapa Pursuant to the International Emer- honor and perpetuate the memory of those National Historical Park located on the is- gency Economic Powers Act, as amend- individuals who were forcibly relocated to land of Molokai, in the State of Hawaii, to ed (50 U.S.C. 1701 et seq.)(IEEPA), I the Kalaupapa Peninsula from 1866 to 1969, honor and perpetuate the memory of those hereby report that I have issued an Ex- and for other purposes. individuals who were forcibly relocated to ecutive Order taking additional steps H.R. 3468. An act to designate the facility the Kalaupapa Peninsula from 1866 to 1969, with respect to the Government of Syr- of the United States Postal Service located and for other purposes; to the Committee on ia’s continued engagement in certain at 1704 Weeksville Road in Elizabeth City, Energy and Natural Resources. conduct that formed the basis for the North Carolina, as the ‘‘Dr. Clifford Bell H.R. 3468. An act to designate the facility national emergency declared in Execu- Jones, Sr. Post Office.’’ of the United States Postal Service located at 1704 Weeksville Road in Elizabeth City, tive Order 13338 of May 11, 2004, includ- H.R. 3532. An act to designate the facility of the United States Postal Service located North Carolina, as the ‘‘Dr. Clifford Bell ing but not limited to its efforts to un- Jones, Sr. Post Office’’; to the Committee on dermine the stabilization and recon- at 5815 McLeod Street in Lula, Georgia, as the ‘‘Private Johnathon Millican Lula Post Homeland Security and Governmental Af- struction of Iraq. Office.’’ fairs. This order will block the property H.R. 4203. An act to designate the facility H.R. 3532. An act to designate the facility and interests in property of persons de- of the United States Postal Service located of the United States Postal Service located termined by the Secretary of the at 3035 Stone Mountain Street in Lithonia, at 5815 McLeod Street in Lula, Georgia, as Treasury, after consultation with the Georgia, as the ‘‘Specialist Jamaal RaShard the ‘‘Private Johnathon Millican Lula Post Secretary of State, to be responsible Addison Post Office Building.’’ Office’’; to the Committee on Homeland Se- curity and Governmental Affairs. for, to have engaged in, to have facili- H.R. 5135. An act to designate the facility H.R. 4203. An act to designate the facility of the United States Postal Service located tated, or to have secured improper ad- of the United States Postal Service located at 201 West Greenway Street in Derby, Kan- vantage as a result of, public corrup- at 3035 Stone Mountain Street in Lithonia, sas, as the ‘‘Sergeant Jamie O. Maugans Post tion by senior officials within the Gov- Georgia, as the ‘‘Specialist Jamaal RaShard Office Building.’’ ernment of Syria. The order also re- Addison Post Office Building’’; to the Com- vises a provision in Executive Order H.R. 5270. An act to amend the Internal mittee on Homeland Security and Govern- 13338 to block the property and inter- Revenue Code of 1986 to extend the funding mental Affairs. and expenditure authority of the Airport and H.R. 5135. An act to designate the facility ests in property of persons determined Airway Trust Fund, and for other purposes. by the Secretary of the Treasury, after of the United States Postal Service located consultation with the Secretary of The message also announced that the at 201 West Greenway Street in Derby, Kan- State, to be responsible for or other- House has agreed to the following con- sas, as the ‘‘Sergeant Jamie O. Maugans Post Office Building’’; to the Committee on wise significantly contributing to ac- current resolutions, in which it requests the concurrence of the Senate: Homeland Security and Governmental Af- tions or decisions of the Government of fairs. Syria that have the purpose or effect of H. Con. Res. 209. Concurrent resolution ex- The following concurrent resolution undermining efforts to stabilize Iraq or pressing the sense of Congress that the Mu- was read, and referred as indicated: of allowing the use of Syrian territory seum of the American Quilter’s Society, lo- or facilities to undermine efforts to cated in Paducah, Kentucky, should be des- H. Con. Res. 281. Concurrent resolution stabilize Iraq. ignated as the ‘‘National Quilt Museum of celebrating the birth of Abraham Lincoln I delegated to the Secretary of the the United States’’. and recognizing the prominence the Declara- tion of Independence played in the develop- Treasury the authority to take such H. Con. Res. 281. Concurrent resolution celebrating the birth of Abraham Lincoln ment of Abraham Lincoln’s beliefs; to the actions, after consultation with the and recognizing the prominence the Declara- Committee on the Judiciary. Secretary of State, including the pro- tion of Independence played in the develop- f mulgation of rules and regulations, and ment of Abraham Lincoln’s beliefs. to employ all powers granted to the MEASURES READ THE FIRST TIME The message further announced that President by IEEPA as may be nec- the House has agreed to the following The following bills were read the first essary to carry out the purposes of my resolution: time: order. S. 2633. A bill to provide for the safe rede- H. Res. 975. Resolution relative to the I wish to emphasize, as well, my on- ployment of United States troops from Iraq. death of the Honorable Tom Lantos, a Rep- going concern over the destabilizing S. 2634. A bill to require a report setting resentative from the State of California. role Syria continues to play in Leb- forth the global strategy of the United anon, including its efforts to obstruct, States to combat and defeat al Qaeda and its through intimidation and violence, At 4:58 p.m., a message from the affiliates. Lebanon’s democratic processes. House of Representatives, delivered by S. 2636. A bill to provide needed housing re- I am enclosing a copy of the Execu- Mrs. Cole, one of its reading clerks, an- form. tive Order I have issued. nounced that the House has agreed to f the following concurrent resolution, in GEORGE W. BUSH. EXECUTIVE AND OTHER which it requests the concurrence of THE WHITE HOUSE, February 13, 2008. COMMUNICATIONS f the Senate: The following communications were MESSAGES FROM THE HOUSE H. Con. Res. 293. Concurrent resolution providing for a conditional adjournment of laid before the Senate, together with At 2:04 p.m., a message from the the House of Representatives and a condi- accompanying papers, reports, and doc- House of Representatives, delivered by tional recess or adjournment of the Senate. uments, and were referred as indicated:

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2055 EC–5047. A communication from the Direc- EC–5058. A communication from the Chief rity, transmitting, pursuant to law, the re- tor, Regulatory Management Division, Envi- Counsel, Federal Emergency Management port of a rule entitled ‘‘Special Local Regu- ronmental Protection Agency, transmitting, Agency, Department of Homeland Security, lations: Recurring Marine Events in the Sev- pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of enth Coast Guard District’’ ((RIN1625- ‘‘1,3-Dichloropropene and Metabolites; Pes- a rule entitled ‘‘Changes in Flood Elevation AA08)(USCG-2007-0179)) received on February ticide Tolerance’’ (FRL No. 8345-1) received Determinations’’ (72 FR 2822) received on 12, 2008; to the Committee on Commerce, on February 7, 2008; to the Committee on Ag- February 1, 2008; to the Committee on Bank- Science, and Transportation. riculture, Nutrition, and Forestry. ing, Housing, and Urban Affairs. EC–5068. A communication from the Chief EC–5048. A communication from the Prin- EC–5059. A communication from the Acting of Regulations and Administrative Law, U.S. cipal Deputy, Office of the Under Secretary Director, Office of Sustainable Fisheries, De- Coast Guard, Department of Homeland Secu- of Defense (Personnel and Readiness), trans- partment of Commerce, transmitting, pursu- rity, transmitting, pursuant to law, the re- mitting, the report of an officer authorized ant to law, the report of a rule entitled port of a rule entitled ‘‘Security Zone; Poto- to wear the insignia of the grade of rear ad- ‘‘Fisheries of the Exclusive Economic Zone mac and Anacostia Rivers, Washington, DC miral (lower half) in accordance with title Off Alaska; Pacific Cod by Catcher Proc- and Arlington and Fairfax Counties, VA’’ 10, United States Code, section 777; to the essors Using Pot Gear in the Bering Sea and ((RIN1625-AA87)(USCG-2008-0005)) received on Committee on Armed Services. Aleutian Islands Management Area’’ February 12, 2008; to the Committee on Com- EC–5049. A communication from the Prin- (RIN0648-XF06) received on February 12, 2008; merce, Science, and Transportation. cipal Deputy, Office of the Under Secretary to the Committee on Commerce, Science, EC–5069. A communication from the Chief of Defense (Personnel and Readiness), trans- and Transportation. of Regulations and Administrative Law, U.S. mitting, the report of (3) officers authorized EC–5060. A communication from the Assist- Coast Guard, Department of Homeland Secu- to wear the insignia of the next higher grade ant Secretary, Office of Legislative Affairs, rity, transmitting, pursuant to law, the rein accordance with title 10, United States Department of Homeland Security, transmit- port of a rule entitled ‘‘Drawbridge Oper- Code, section 777; to the Committee on ting, pursuant to law, a report relative to ation Regulations (including 3 regulations Armed Services. the U.S. Coast Guard’s compliance with the beginning with USCG-2007-0146)’’ (RIN1625- EC–5050. A communication from the Under Edible Oil Regulatory Reform Act; to the AA09) received on February 12, 2008; to the Secretary of Defense (Policy), transmitting, Committee on Commerce, Science, and Committee on Commerce, Science, and pursuant to law, a report relative to the Transportation. Transportation. amount of funds the Department intends to EC–5061. A communication from the Chief EC–5070. A communication from the Chief obligate for the Cooperative Threat Reduc- of Staff, Media Bureau, Federal Communica- of Regulations and Administrative Law, U.S. tion Program for fiscal year 2008; to the tions Commission, transmitting, pursuant to Coast Guard, Department of Homeland Secu- Committee on Armed Services. law, the report of a rule entitled ‘‘Third rity, transmitting, pursuant to law, the re- EC–5051. A communication from the Prin- Periodic Review of the Commission’s Rules port of a rule entitled ‘‘Security Zone; cipal Deputy, Office of the Under Secretary and Policies Affecting the Conversion to Dig- Tampa Bay, Port of Tampa, Port of St. Pe- of Defense (Personnel and Readiness), trans- ital Television’’ (MB Docket No. 07-91) re- tersburg, Rattlesnake, Old Port Tampa, Big mitting, the report of an officer authorized ceived on February 8, 2008; to the Committee Bend, Weedon Island, and Crystal River, to wear the insignia of the grade of brigadier on Commerce, Science, and Transportation. Florida’’ ((RIN1625-AB17)(CGD01-04-133)) re- general in accordance with title 10, United EC–5062. A communication from the Chair- ceived on February 12, 2008; to the Com- States Code, section 777; to the Committee man, National Transportation Safety Board, mittee on Commerce, Science, and Transpor- on Armed Services. transmitting, pursuant to law, a report rel- tation. EC–5052. A communication from the Under ative to the Board’s competitive sourcing ef- EC–5071. A communication from the Chief Secretary of Defense (Acquisition, Tech- forts during fiscal year 2007; to the Com- of Regulations and Administrative Law, U.S. nology and Logistics), transmitting, pursu- mittee on Commerce, Science, and Transpor- Coast Guard, Department of Homeland Secu- ant to law, a review of the C-5 Reliability tation. rity, transmitting, pursuant to law, the re- Enhancement and Re-Engining Program; to EC–5063. A communication from the Chief port of a rule entitled ‘‘Security Zone; the Committee on Armed Services. EC–5053. A communication from the Chief of Regulations and Administrative Law, U.S. Tampa Bay, Port of Tampa, Port of St. Pe- Counsel, Federal Emergency Management Coast Guard, Department of Homeland Secu- tersburg, Rattlesnake, Old Port Tampa, Big Agency, Department of Homeland Security, rity, transmitting, pursuant to law, the re- Bend, Weedon Island, and Crystal River, transmitting, pursuant to law, the report of port of a rule entitled ‘‘Safety Zone (includ- Florida’’ ((RIN1625-AA87)(USCG-2007-0062)) a rule entitled ‘‘Suspension of Community ing 4 regulations beginning with USCG-2007- received on February 12, 2008; to the Com- Eligibility’’ (72 FR 2816) received on Feb- 0128)’’ (RIN1625-AA00) received on February mittee on Commerce, Science, and Transpor- ruary 1, 2008; to the Committee on Banking, 12, 2008; to the Committee on Commerce, tation. Housing, and Urban Affairs. Science, and Transportation. EC–5072. A communication from the Chief EC–5054. A communication from the Chief EC–5064. A communication from the Chief of Regulations and Administrative Law, U.S. Counsel, Federal Emergency Management of Regulations and Administrative Law, U.S. Coast Guard, Department of Homeland Secu- Agency, Department of Homeland Security, Coast Guard, Department of Homeland Secu- rity, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of rity, transmitting, pursuant to law, the report of a rule entitled ‘‘Security Zone (in- a rule entitled ‘‘Final Flood Elevation Deter- port of a rule entitled ‘‘Drawbridge Oper- cluding 2 regulations beginning with USCG- minations’’ (72 FR 2835) received on February ation Regulations (including 2 regulations 2007-0093)’’ (RIN1625-AB87) received on Feb- 1, 2008; to the Committee on Banking, Hous- beginning with USCG-2007-0026)’’ (RIN1625- ruary 12, 2008; to the Committee on Com- ing, and Urban Affairs. AA09) received on February 12, 2008; to the merce, Science, and Transportation. EC–5055. A communication from the Chief Committee on Commerce, Science, and EC–5073. A communication from the Attor- Counsel, Federal Emergency Management Transportation. ney, U.S. Coast Guard, Department of Home- Agency, Department of Homeland Security, EC–5065. A communication from the Chief land Security, transmitting, pursuant to transmitting, pursuant to law, the report of of Regulations and Administrative Law, U.S. law, the report of a rule entitled ‘‘Landowner a rule entitled ‘‘Final Flood Elevation Deter- Coast Guard, Department of Homeland Secu- Defenses to Liability Under the Oil Pollution minations’’ (72 FR 2830) received on February rity, transmitting, pursuant to law, the re- Act of 1990: Standards and Practices for Con- 1, 2008; to the Committee on Banking, Hous- port of a rule entitled ‘‘Drawbridge Oper- ducting All Appropriate Inquiries’’ ing, and Urban Affairs. ation Regulations (including 4 regulations ((RIN1625-AB09)(Docket No. USCG-2006- EC–5056. A communication from the Chief beginning with USCG-2008-0015)’’ (RIN1625- 25708)) received on February 12, 2008; to the Counsel, Federal Emergency Management AA09) received on February 12, 2008; to the Committee on Commerce, Science, and Agency, Department of Homeland Security, Committee on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Transportation. EC–5074. A communication from the Dep- a rule entitled ‘‘Changes in Flood Elevation EC–5066. A communication from the Chief uty Chief, Consumer and Governmental Af- Determinations’’ (72 FR 2818) received on of Regulations and Administrative Law, U.S. fairs Bureau, Federal Communications Com- February 1, 2008; to the Committee on Bank- Coast Guard, Department of Homeland Secu- mission, transmitting, pursuant to law, the ing, Housing, and Urban Affairs. rity, transmitting, pursuant to law, the re- report of a rule entitled ‘‘In the Matter of EC–5057. A communication from the Chief port of a rule entitled ‘‘Anchorage Regula- Implementation of the Subscriber Carrier Counsel, Federal Emergency Management tions (including 3 regulations beginning with Selection Changes Provisions of the Tele- Agency, Department of Homeland Security, USCG-2007-0023)’’ (RIN1625-AA01) received on communications Act of 1996; Policies and transmitting, pursuant to law, the report of February 12, 2008; to the Committee on Com- Rules Concerning Unauthorized Changes of a rule entitled ‘‘Changes in Flood Elevation merce, Science, and Transportation. Consumers’ Long Distance Carriers, Fourth Determinations’’ (72 FR 2827) received on EC–5067. A communication from the Chief Report and Order’’ (FCC 07-223) received on February 1, 2008; to the Committee on Bank- of Regulations and Administrative Law, U.S. February 8, 2008; to the Committee on Com- ing, Housing, and Urban Affairs. Coast Guard, Department of Homeland Secu- merce, Science, and Transportation.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2056 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 EC–5075. A communication from the Chief EC–5083. A communication from the Acting EC–5092. A communication from the Direc- of Staff, Media Bureau, Federal Communica- Director, Office of Sustainable Fisheries, De- tor, Regulatory Management Division, Envi- tions Commission, transmitting, pursuant to partment of Commerce, transmitting, pursu- ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Amend- ant to law, the report of a rule entitled ‘‘Re- pursuant to law, the report of a rule entitled ment of Section 73.202(b), Table of Allot- apportionment of Surplus Pacific Whiting ‘‘Approval of Louisiana’s Petition To Relax ments, FM Broadcast Stations; Meetetse, Allocation’’ (RIN0648-XE38) received on Feb- the Summer Gasoline Volatility Standard Wyoming, Fruita, Colorado, Ashton, Burley, ruary 1, 2008; to the Committee on Com- for the Grant Parish Area’’ (FRL No. 8529–2) Dubois, Idaho Falls, Pocatello, Rexburg, merce, Science, and Transportation. received on February 12, 2008; to the Com- Shelley, Soda Springs, and Weston, Idaho, EC–5084. A communication from the Dep- mittee on Environment and Public Works. Lima, Montana, American Fork, Ballard, uty Assistant Administrator for Operations, EC–5093. A communication from the Direc- Brigham City, Centerville, Delta, Hun- National Marine Fisheries Service, Depart- tor, Regulatory Management Division, Envi- tington, Kaysville, Logan, Manti, Milford, ment of Commerce, transmitting, pursuant ronmental Protection Agency, transmitting, Naples, Oakley, Orem, Price, Randolph, Roo- to law, the report of a rule entitled ‘‘Final pursuant to law, the report of a rule entitled sevelt, Roy, Salina, South Jordan, Spanish Rule for the Regulatory Amendment to Re- ‘‘Determination of Nonattainment and Re- Fork, Vernal, Wellington, and Woodruff, vise Vermilion Snapper Regulations Under classification of the Imperial County, 8-Hour Utah, Diamondville, Evanston, Kemmerer, the Fishery Management Plan for the Reef Ozone Nonattainment Area’’ (FRL No. 8528– Marbleton, Superior, Thayne, and Wilson, Fish Fishery of the Gulf of Mexico’’ 4) received on February 12, 2008; to the Com- Wyoming’’ (MB Docket No. 05-243) received (RIN0648-AV45) received on February 1, 2008; mittee on Environment and Public Works. on February 8, 2008; to the Committee on to the Committee on Commerce, Science, EC–5094. A communication from the Direc- Commerce, Science, and Transportation. and Transportation. tor, Regulatory Management Division, Envi- EC–5076. A communication from the Acting EC–5085. A communication from the Dep- ronmental Protection Agency, transmitting, Director, Office of Sustainable Fisheries, De- uty Assistant Administrator for Regulatory pursuant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- Programs, National Marine Fisheries Serv- ‘‘Approval and Promulgation of Air Quality ant to law, the report of a rule entitled ice, Department of Commerce, transmitting, Implementation Plans; Maine; Conformity of ‘‘Fisheries of the Exclusive Economic Zone pursuant to law, the report of a rule entitled General Federal Actions’’ (FRL No. 8517–6) Off Alaska; Inseason Adjustment to the 2008 ‘‘2008 Specifications for the Summer Floun- received on February 7, 2008; to the Com- Bering Sea Pollock Total Allowable Catch der, Scup, and Black Sea Bass Fisheries’’ mittee on Environment and Public Works. Amount’’ (RIN0648-XE78) received on Feb- (RIN0648-XC84) received on February 1, 2008; EC–5095. A communication from the Direc- ruary 1, 2008; to the Committee on Com- to the Committee on Commerce, Science, tor, Regulatory Management Division, Envi- merce, Science, and Transportation. and Transportation. ronmental Protection Agency, transmitting, EC–5077. A communication from the Direc- EC–5086. A communication from the Acting pursuant to law, the report of a rule entitled tor, Bureau of Economic Analysis, Depart- Director, Office of Sustainable Fisheries, De- ‘‘Approval and Promulgation of Air Quality ment of Commerce, transmitting, pursuant partment of Commerce, transmitting, pursu- Implementation Plans; Ohio; Oxides of Ni- to law, the report of a rule entitled ‘‘Direct ant to law, the report of a rule entitled trogen Budget Trading Program’’ (FRL No. Investment Surveys: BE-12, 2007 Benchmark ‘‘Inseason Action, Temporary Rule, Georges 8526–8) received on February 7, 2008; to the Survey of Foreign Direct Investment in the Bank Yellowtail Flounder Possession Limit Committee on Environment and Public United States’’ (RIN0691-AA64) received on Reduction’’ (RIN0648-XE82) received on Feb- Works. February 1, 2008; to the Committee on Com- ruary 1, 2008; to the Committee on Com- EC–5096. A communication from the Direc- merce, Science, and Transportation. EC–5078. A communication from the Direc- merce, Science, and Transportation. tor, Regulatory Management Division, Envi- tor, Bureau of Economic Analysis, Depart- EC–5087. A communication from the Direc- ronmental Protection Agency, transmitting, ment of Commerce, transmitting, pursuant tor, Office of Civilian Radioactive Waste pursuant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Direct Management, Department of Energy, trans- ‘‘Approval and Promulgation of Air Quality Investment Surveys: BE-11, Annual Survey mitting, pursuant to law, the Office’s Annual Implementation Plans; State of Colorado; of U.S. Direct Investment Abroad - 2007’’ Report for fiscal year 2006; to the Committee Regulation No. 7, Section XII, Volatile Or- (RIN0691-AA63) received on February 1, 2008; on Energy and Natural Resources. ganic Compounds From Oil and Gas Oper- to the Committee on Commerce, Science, EC–5088. A communication from the Execu- ations’’ (FRL No. 8521–5) received on Feb- and Transportation. tive Director, Federal Energy Regulatory ruary 7, 2008; to the Committee on Environ- EC–5079. A communication from the Senior Commission, transmitting, pursuant to law, ment and Public Works. Procurement Executive and Director, Office the report of a rule entitled ‘‘Update of the EC–5097. A communication from the Direc- of Acquisition Management and Financial Federal Energy Regulatory Commission’s tor, Regulatory Management Division, Envi- Assistance, Department of Commerce, trans- Fees Schedule for Annual Charges for the ronmental Protection Agency, transmitting, mitting, pursuant to law, a report relative to Use of Government Lands’’ (FERC Docket pursuant to law, the report of a rule entitled the Department’s competitive sourcing ef- No. RM08–6–000) received on February 12, ‘‘Approval and Promulgation of Implementa- forts during fiscal year 2007; to the Com- 2008; to the Committee on Energy and Nat- tion Plans; New Jersey; Zero-Emission Vehi- mittee on Commerce, Science, and Transpor- ural Resources. cle Component of the Low Emission Vehicle tation. EC–5089. A communication from the Ad- Program’’ (FRL No. 8522–3) received on Feb- EC–5080. A communication from the Acting ministrator, Energy Information Adminis- ruary 7, 2008; to the Committee on Environ- Director, Office of Sustainable Fisheries, De- tration, Department of Energy, transmit- ment and Public Works. partment of Commerce, transmitting, pursu- ting, pursuant to law, a report entitled ‘‘Per- EC–5098. A communication from the Chief ant to law, the report of a rule entitled formance Profiles of Major Energy Producers of the Publications and Regulations Branch, ‘‘Fisheries of the Exclusive Economic Zone 2006’’; to the Committee on Energy and Nat- Internal Revenue Service, Department of the Off Alaska; Inseason Adjustment to the 2008 ural Resources. Treasury, transmitting, pursuant to law, the Gulf of Alaska Pacific Cod Total Allowable EC–5090. A communication from the Direc- report of a rule entitled ‘‘Update of Weighted Catch Amount’’ (RIN0648-XE80) received on tor, Regulatory Management Division, Envi- Average Interest Rates, Yield Curves, and February 1, 2008; to the Committee on Com- ronmental Protection Agency, transmitting, Segment Rates’’ (Notice 2008–24) received on merce, Science, and Transportation. pursuant to law, the report of a rule entitled February 7, 2008; to the Committee on Fi- EC–5081. A communication from the Acting ‘‘Approval and Promulgation of Air Quality nance. Director, Office of Sustainable Fisheries, De- Implementation Plans; Massachusetts; Cer- EC–5099. A communication from the Sec- partment of Commerce, transmitting, pursu- tification of Tunnel Ventilation Systems in retary of Health and Human Services, trans- ant to law, the report of a rule entitled the Metropolitan Boston Air Pollution Con- mitting, pursuant to law, a report relative to ‘‘Temporary Rule; Inseason Bluefish Quota trol District’’ (FRL No. 8527–5) received on Medicare beneficiaries with specified chronic Transfer from FL to NY’’ (RIN0648-XE43) re- February 12, 2008; to the Committee on Envi- conditions who are deemed to be homebound; ceived on February 1, 2008; to the Committee ronment and Public Works. to the Committee on Finance. on Commerce, Science, and Transportation. EC–5091. A communication from the Direc- EC–5100. A communication from the Dep- EC–5082. A communication from the Acting tor, Regulatory Management Division, Envi- uty Director, Pension Benefit Guaranty Cor- Director, Office of Sustainable Fisheries, De- ronmental Protection Agency, transmitting, poration, transmitting, pursuant to law, the partment of Commerce, transmitting, pursu- pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Benefits Payable in ant to law, the report of a rule entitled ‘‘Approval and Promulgation of Implementa- Terminated Single-Employer Plans; Alloca- ‘‘Fisheries of the Exclusive Economic Zone tion Plans for Air Quality Planning Pur- tion of Assets in Single-Employer Plans; In- Off Alaska; Chiniak Gully Research Area for poses; Georgia: Early Progress Plan for the terest Assumptions for Valuing and Paying Vessels Using Trawl Gear’’ (RIN0648-XE81) Atlanta 8-Hour Ozone Nonattainment Area’’ Benefits’’ (22 CFR Parts 4022 and 4044) re- received on February 1, 2008; to the Com- (FRL No. 8528–8) received on February 12, ceived on February 12, 2008; to the Com- mittee on Commerce, Science, and Transpor- 2008; to the Committee on Environment and mittee on Health, Education, Labor, and tation. Public Works. Pensions.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2057 EC–5101. A communication from the Sec- transmitting, pursuant to law, a report on *Steven J. Simmons, of Connecticut, to be retary of Education, transmitting, pursuant D.C. Act 17–287, ‘‘Minority and Women- a Member of the Broadcasting Board of Gov- to law, a report relative to the Department’s Owned Business Assessment Act of 2008’’ re- ernors for a term expiring August 13, 2009. competitive sourcing efforts during fiscal ceived on February 12, 2008; to the Com- *William J. Hybl, of Colorado, to be a year 2007; to the Committee on Health, Edu- mittee on Homeland Security and Govern- Member of the United States Advisory Com- cation, Labor, and Pensions. mental Affairs. mission on Public Diplomacy for a term ex- EC–5102. A communication from the White EC–5113. A communication from the Chair- piring July 1, 2009. House Liaison, Department of Health and man, Council of the District of Columbia, *Elizabeth F. Bagley, of the District of Co- Human Services, transmitting, pursuant to transmitting, pursuant to law, a report on lumbia, to be a Member of the United States law, the report of a nomination for the posi- D.C. Act 17–288, ‘‘Excellence in Local Busi- Advisory Commission on Public Diplomacy tion of Assistant Secretary for Health, re- ness Contract Grading Act of 2008’’ received for a term expiring July 1, 2008. ceived on February 12, 2008; to the Com- on February 12, 2008; to the Committee on *James K. Glassman, of Connecticut, to be mittee on Health, Education, Labor, and Homeland Security and Governmental Af- Under Secretary of State for Public Diplo- Pensions. fairs. macy with the rank of Ambassador. EC–5103. A communication from the EC–5114. A communication from the Chair- *Ana M. Guevara, of Florida, to be United Human Resources Specialist, Office of the man, Council of the District of Columbia, States Alternate Executive Director of the Assistant Secretary for Administration and transmitting, pursuant to law, a report on International Bank for Reconstruction and Management, Department of Labor, trans- D.C. Act 17–289, ‘‘National Capital Revital- Development for a term of two years. mitting, pursuant to law, (3) reports relative ization Corporation and Anacostia Water- *Goli Ameri, of Oregon, to be an Assistant to vacancy announcements within the De- front Corporation Reorganization Act of Secretary of State (Educational and Cultural partment, received on February 1, 2008; to 2008’’ received on February 12, 2008; to the Affairs). the Committee on Health, Education, Labor, Committee on Homeland Security and Gov- *Larry Woodrow Walther, of Arkansas, to and Pensions. ernmental Affairs. be Director of the Trade and Development EC–5104. A communication from the Acting EC–5115. A communication from the Sec- Agency. Controller, Office of Management and Budg- retary, Judicial Conference of the United *Hector E. Morales, of Texas, to be Perma- et, Executive Office of the President, trans- States, transmitting, the report of two nent Representative of the United States of mitting, pursuant to law, the Federal Finan- courts improvement proposals adopted in America to the Organization of American cial Management Report for fiscal year 2008; September 2007; to the Committee on the Ju- States, with the rank of Ambassador. to the Committee on Homeland Security and diciary. *David J. Kramer, of Massachusetts, to be Governmental Affairs. EC–5116. A communication from the Direc- Assistant Secretary of State for Democracy, EC–5105. A communication from the Chair- tor of Regulations Management, Veterans Human Rights, and Labor. man, Railroad Retirement Board, transmit- Benefits Administration, Department of Vet- *Jeffrey J. Grieco, of Virginia, to be an As- ting, pursuant to law, justification of its erans Affairs, transmitting, pursuant to law, sistant Administrator of the United States budget estimates for fiscal year 2009; to the the report of a rule entitled ‘‘Loan Guar- Agency for International Development. Committee on Homeland Security and Gov- anty: Loan Servicing and Claims Procedures *James Francis Moriarty, of Massachu- ernmental Affairs. Modifications’’ (RIN2900–AL65) received on setts, a Career Member of the Senior Foreign EC–5106. A communication from the Chair- February 1, 2008; to the Committee on Vet- Service, Class of Minister-Counselor, to be man, Council of the District of Columbia, erans’ Affairs. Ambassador Extraordinary and Pleni- transmitting, pursuant to law, a report on potentiary of the United States of America D.C. Act 17–290, ‘‘Juvenile Speedy Trial Eq- f to the People’s Republic of Bangladesh. uity Temporary Act of 2008’’ received on Feb- REPORTS OF COMMITTEES Nominee: James Francis Moriarty. ruary 12, 2008; to the Committee on Home- Post: Dhaka, Bangladesh. land Security and Governmental Affairs. The following reports of committees EC–5107. A communication from the Chair- were submitted: (The following is a list of all members of my immediate family and their spouses. I man, Council of the District of Columbia, By Mr. BIDEN, from the Committee on have asked each of these persons to inform transmitting, pursuant to law, a report on Foreign Relations, without amendment and me of the pertinent contributions made by D.C. Act 17–281, ‘‘Non-Resident Taxi Drivers with a preamble: them. To the best of my knowledge, the in- Registration Amendment Act of 2008’’ re- S. Res. 439. A resolution expressing the formation contained in this report is com- ceived on February 12, 2008; to the Com- strong support of the Senate for the North plete and accurate.) mittee on Homeland Security and Govern- Atlantic Treaty Organization to enter into a Contributions, Amount, Date, and Donee: mental Affairs. Membership Action Plan with Georgia and 1. Self, none. EC–5108. A communication from the Chair- Ukraine. 2. Spouse, Lauren Moriarty, none. man, Council of the District of Columbia, f transmitting, pursuant to law, a report on 3. Children and spouses: T.F. Mana D.C. Act 17–282, ‘‘SafeRx Amendment Act of EXECUTIVE REPORTS OF Moriarty, none; Kathleen K. Moriarty, none. 2008’’ received on February 12, 2008; to the COMMITTEES 4. Parents: William Moriarty (deceased); Committee on Homeland Security and Gov- June Buckley (deceased). ernmental Affairs. The following executive reports of 5. Grandparents: Rene Provencal (de- EC–5109. A communication from the Chair- nominations were submitted: ceased); Carmel Provencal, none. man, Council of the District of Columbia, By Mr. BIDEN for the Committee on For- 6. Brothers and Spouses: Philip G. transmitting, pursuant to law, a report on eign Relations. Moriarty (single), none; Mark F. Moriarty D.C. Act 17–283, ‘‘Disposition and Redevelop- *John E. Osborn, of Delaware, to be a (single), none. ment of Lot 854 in Square 441 Approval Act Member of the United States Advisory Com- 7. Sisters and Spouses: Margaret Staruk, of 2008’’ received on February 12, 2008; to the mission on Public Diplomacy for a term ex- none; Harry Staruk, none. Committee on Homeland Security and Gov- piring July 1, 2009. * Margaret Scobey, of Tennessee, a Career ernmental Affairs. *Mark McKinnon, of Texas, to be a Member Member of the Senior Foreign Service, Class EC–5110. A communication from the Chair- of the Broadcasting Board of Governors for a of Minister-Counselor, to be Ambassador Ex- man, Council of the District of Columbia, term expiring August 13, 2009, to which posi- traordinary and Plenipotentiary of the transmitting, pursuant to law, a report on tion he was appointed during the last recess United States of America to the Arab Repub- D.C. Act 17–285, ‘‘District of Columbia Public of the Senate. lic of Egypt. Library Retirement Incentive Temporary *Joaquin F. Blaya, of Florida, to be a Nominee: Margaret Scobey. Act of 2008’’ received on February 12, 2008; to Member of the Broadcasting Board of Gov- Post: Ambassador to Egypt. the Committee on Homeland Security and ernors for a term expiring August 13, 2008. (The following is a list of all members of Governmental Affairs. *Joaquin F. Blaya, of Florida, to be a my immediate family and their spouses. I EC–5111. A communication from the Chair- Member of the Broadcasting Board of Gov- have asked each of these persons to inform man, Council of the District of Columbia, ernors for a term expiring August 13, 2011. me of the pertinent contributions made by transmitting, pursuant to law, a report on *Edward E. Kaufman, of Delaware, to be a them. To the best of my knowledge, the in- D.C. Act 17–286, ‘‘Operation Enduring Free- Member of the Broadcasting Board of Gov- formation contained in this report is com- dom and Operation Iraqi Freedom Active ernors for a term expiring August 13, 2009. plete and accurate.) Duty Pay Differential Amendment Act of *Susan M. McCue, of Virginia, to be a Contributions, Amount, Date, and Donee: 2008’’ received on February 12, 2008; to the Member of the Broadcasting Board of Gov- 1. Self: none. Committee on Homeland Security and Gov- ernors for a term expiring August 13, 2010. 2. Spouse: n/a. ernmental Affairs. *Dennis M. Mulhaupt, of California, to be a 3. Children and Spouses: n/a. EC–5112. A communication from the Chair- Member of the Broadcasting Board of Gov- 4. Parents: James L. and Dolores K. Scobey man, Council of the District of Columbia, ernors for a term expiring August 13, 2008. (deceased). Grandparents: W.C. and Viola

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2058 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 Scobey (deceased); John and Theodora erage of drugs prescribed for certain research By Mr. ENZI (for himself, Mr. Koshalek (deceased). study child participants; to the Committee BARRASSO, Mr. ALLARD, Mr. CRAIG, 5. Brothers and Spouses: James L. and on Finance. Mr. CRAPO, Mr. DOMENICI, Mr. DOR- Janet Scobey: 25.00, 2006, Mel Martinez; 25.00, By Mr. KENNEDY (for himself, Mr. GAN, Mr. ENSIGN, Mr. BINGAMAN, Mr. 2006, Tom Feeny; 25.00, 2006, Bill McCollum. STEVENS, Mr. KERRY, and Ms. MUR- INHOFE, Mrs. MURRAY, Mr. REID, Mr. Martin W. and Mary Scobey: none. KOWSKI): SALAZAR, Mr. STEVENS, Mr. MAR- 6. Sisters and Spouses: n/a. S. 2630. A bill to amend the Public Health TINEZ, and Mr. JOHNSON): *Deborah K. Jones, of New Mexico, a Ca- Service Act to establish a Federal grant pro- S. Res. 450. A resolution designating July reer Member of the Senior Foreign Service, gram to provide increased health care cov- 26, 2008, as ‘‘National Day of the Cowboy’’; to Class of Counselor, to be Ambassador Ex- erage to and access for uninsured and under- the Committee on the Judiciary. traordinary and Plenipotentiary of the insured workers and families in the commer- By Mr. SPECTER (for himself and Mr. United States of America to the State of Ku- cial fishing industry, and for other purposes; CASEY): wait. to the Committee on Health, Education, S. Res. 451. A resolution honoring the Nominee: Deborah Kay Jones. Labor, and Pensions. achievements of Rawle and Henderson LLP, Post: U.S. Embassy Kuwait. By Mrs. FEINSTEIN (for herself, Mr. on its 225th anniversary and on being recog- (The following is a list of all members of MCCONNELL, Mr. AKAKA, Mr. ALEX- nized as the oldest law firm in continuous my immediate family and their spouses. I ANDER, Mr. BARRASSO, Mr. BAUCUS, practice in the United States; to the Com- have asked each of these persons to inform Mr. BAYH, Mr. BENNETT, Mr. BIDEN, mittee on the Judiciary. me of the pertinent contributions made by Mr. BINGAMAN, Mr. BOND, Mrs. By Mr. SPECTER (for himself and Mr. them. To the best of my knowledge, the in- BOXER, Mr. BROWN, Mr. BROWNBACK, CASEY): S. Res. 452. A resolution commemorating formation contained in this report is com- Mr. BUNNING, Mr. BURR, Mr. BYRD, the 250th Anniversary of the Naming of plete and accurate.) Ms. CANTWELL, Mr. CARDIN, Mr. Pittsburgh as the culmination of the Forbes Contributions, Amount, Date, Donee: CASEY, Mr. CHAMBLISS, Mrs. CLINTON, Campaign across Pennsylvania and the sig- 1. Self: None. Mr. COBURN, Mr. COLEMAN, Ms. COL- nificance this event played in the making of 2. Spouse: None. LINS, Mr. CORNYN, Mr. CRAIG, Mr. America, in the settlement of the continent, 3. Children and Spouses: Minor children, DODD, Mrs. DOLE, Mr. DOMENICI, Mr. and in spreading the ideals of freedom and Ana (15), and Isabella (11) Olson, none. DURBIN, Mr. ENSIGN, Mr. FEINGOLD, democracy throughout the world; considered 4. Parents: Lavar Allred Jones (deceased Mr. GREGG, Mr. HAGEL, Mr. HARKIN, and agreed to. June 1999), father; Corina Ringius Nolting, Mrs. HUTCHISON, Mr. INHOFE, Mr. By Mr. CHAMBLISS (for himself and mother, none. INOUYE, Mr. ISAKSON, Mr. JOHNSON, Mr. ISAKSON): 5. Grandparents: Leland James Jones (de- Mr. KENNEDY, Mr. KERRY, Ms. S. Res. 453. A resolution recognizing Feb- ceased 1986); Minnie Louise Jones (deceased KLOBUCHAR, Mr. KOHL, Mr. KYL, Ms. ruary 20, 2008, as the 100th anniversary of 1968); Carlos Fortunato Ringius (deceased— LANDRIEU, Mr. LAUTENBERG, Mr. Abraham Baldwin Agricultural College; con- Argentine national); Ana Maria Tiscornia LEAHY, Mr. LEVIN, Mr. LIEBERMAN, sidered and agreed to. (deceased—Argentine national). Mrs. LINCOLN, Mr. LUGAR, Mr. MAR- f 6. Brothers and Spouses: unknown; Lavar TINEZ, Mr. MCCAIN, Mrs. MCCASKILL, Allred Jones, Jr.—no contact since 1981, Mr. MENENDEZ, Ms. MIKULSKI, Ms. ADDITIONAL COSPONSORS none. Dwight Timothy Jones/Selene, spouse. MURKOWSKI, Mrs. MURRAY, Mr. S. 400 7. Sisters and Spouses: Celia Bezou/Jacques OBAMA, Mr. PRYOR, Mr. REED, Mr. Francois Bezou, spouse, $1,000, 2004, John ROBERTS, Mr. SALAZAR, Mr. SANDERS, At the request of Mr. SUNUNU, the Kerry; Leslie Louise Jones, $100, 2004, How- Mr. SCHUMER, Mr. SMITH, Ms. SNOWE, names of the Senator from California ard Dean; Wendy Jones/James Hargrove, Mr. SPECTER, Ms. STABENOW, Mr. (Mrs. BOXER) and the Senator from In- spouse, none; Rachel Jones/Nathan STEVENS, Mr. SUNUNU, Mr. VOINOVICH, diana (Mr. LUGAR) were added as co- Yorgason, spouse, none; Heather Jones/Jason and Mr. WHITEHOUSE): sponsors of S. 400, a bill to amend the Johnson, spouse, none; Katherine Jones/ S. 2631. A bill to award a congressional Employee Retirement Income Security Jared Holland, spouse, none. gold medal to Daw Aung San Suu Kyi in rec- Act of 1974 and the Internal Revenue *Nomination was reported with recognition of her courageous and unwavering Code of 1986 to ensure that dependent commitment to peace, nonviolence, human ommendation that it be confirmed sub- rights, and democracy in Burma; to the Com- students who take a medically nec- ject to the nominee’s commitment to mittee on Banking, Housing, and Urban Af- essary leave of absence do not lose respond to requests to appear and tes- fairs. health insurance coverage, and for tify before any duly constituted com- By Mr. BOND: other purposes. mittee of the Senate. S. 2632. A bill to ensure that the Sex Of- S. 727 fender Registration and Notification Act is f At the request of Mr. COCHRAN, the applied retroactively; to the Committee on name of the Senator from Hawaii (Mr. the Judiciary. INTRODUCTION OF BILLS AND INOUYE) was added as a cosponsor of S. JOINT RESOLUTIONS By Mr. FEINGOLD (for himself and Mr. 727, a bill to improve and expand geo- REID): The following bills and joint resolu- S. 2633. A bill to provide for the safe rede- graphic literacy among kindergarten tions were introduced, read the first ployment of United States troops from Iraq; through grade 12 students in the United and second times by unanimous con- read the first time. States by improving professional devel- sent, and referred as indicated: By Mr. FEINGOLD (for himself and Mr. opment programs for kindergarten By Mr. DOMENICI (for himself, Mr. REID): through grade 12 teachers offered S. 2634. A bill to require a report setting LIEBERMAN, Mr. SESSIONS, Mr. FEIN- through institutions of higher edu- forth the global strategy of the United GOLD, Mr. ISAKSON, Mr. ALEXANDER, cation. States to combat and defeat al Qaeda and its Mr. VOINOVICH, Mr. LUGAR, Mr. S. 969 affiliates; read the first time. CHAMBLISS, Mrs. HUTCHISON, Mr. By Mrs. BOXER (for herself and Mrs. At the request of Mr. DODD, the name MARTINEZ, Mr. ENZI, Mr. CORKER, and FEINSTEIN): of the Senator from Indiana (Mr. BAYH) Ms. SNOWE): S. 2635. A bill to expand the boundaries of was added as a cosponsor of S. 969, a S. 2627. A bill to provide for a biennial the Gulf of the Farallones National Marine budget process and a biennial appropriations bill to amend the National Labor Rela- Sanctuary and the Cordell Bank National process and to enhance oversight and the tions Act to modify the definition of Marine Sanctuary; to the Committee on performance of the Federal Government; to supervisor. Commerce, Science, and Transportation. the Committee on the Budget. S. 1175 By Mr. REID: By Mr. ENSIGN: S. 2636. A bill to provide needed housing re- At the request of Mr. DURBIN, the S. 2628. A bill to amend the Internal Rev- form; read the first time. name of the Senator from Michigan enue Code of 1986 to treat income earned by f (Ms. STABENOW) was added as a cospon- mutual funds from exchange-traded funds sor of S. 1175, a bill to end the use of holding precious metal bullion as qualifying SUBMISSION OF CONCURRENT AND child soldiers in hostilities around the income; to the Committee on Finance. SENATE RESOLUTIONS By Mr. SPECTER (for himself and Mr. world, and for other purposes. CASEY): The following concurrent resolutions S. 1758 S. 2629. A bill to amend title XIX of the So- and Senate resolutions were read, and At the request of Mr. KENNEDY, the cial Security Act to provide Medicaid cov- referred (or acted upon), as indicated: name of the Senator from New York

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(Mrs. CLINTON) was added as a cospon- S. 2262 kota (Mr. JOHNSON) was added as a co- sor of S. 1758, a bill to amend the Pub- At the request of Mr. DOMENICI, the sponsor of S. 2625, a bill to ensure that lic Health Service Act to help individ- name of the Senator from Florida (Mr. deferred Department of Veterans Af- uals with functional impairments and MARTINEZ) was added as a cosponsor of fairs disability benefits that are re- their families pay for services and sup- S. 2262, a bill to authorize the Preserve ceived in a lump sum amount or in pro- ports that they need to maximize their America Program and Save America’s spective monthly amounts, be excluded functionality and independence and Treasures Program, and for other pur- from consideration as annual income have choices about community partici- poses. when determining eligibility for low- pation, education, and employment, S. 2408 income housing programs. and for other purposes. At the request of Mr. KERRY, the S. RES. 439 S. 1760 name of the Senator from Connecticut At the request of Mr. LUGAR, the At the request of Mr. BROWN, the (Mr. LIEBERMAN) was added as a co- name of the Senator from South Caro- name of the Senator from New Jersey sponsor of S. 2408, a bill to amend title lina (Mr. DEMINT) was added as a co- (Mr. LAUTENBERG) was added as a co- XVIII of the Social Security Act to re- sponsor of S. Res. 439, a resolution ex- sponsor of S. 1760, a bill to amend the quire physician utilization of the Medi- pressing the strong support of the Sen- Public Health Service Act with respect care electronic prescription drug pro- ate for the North Atlantic Treaty Or- to the Healthy Start Initiative. gram. ganization to enter into a Membership S. 1998 S. 2433 Action Plan with Georgia and Ukraine. At the request of Mr. DURBIN, the At the request of Mr. FEINGOLD, his S. RES. 444 name of the Senator from Maryland name was added as a cosponsor of S. At the request of Mr. DURBIN, his (Ms. MIKULSKI) was added as a cospon- 2433, a bill to require the President to name was added as a cosponsor of S. sor of S. 1998, a bill to reduce child develop and implement a comprehen- Res. 444, a resolution expressing the marriage, and for other purposes. sive strategy to further the United sense of the Senate regarding the S. 2059 States foreign policy objective of pro- strong alliance that has been forged be- At the request of Mr. SPECTER, his moting the reduction of global poverty, tween the United States and the Re- name was added as a cosponsor of S. the elimination of extreme global pov- public of Korea and congratulating 2059, a bill to amend the Family and erty, and the achievement of the Mil- Myung-Bak Lee on his election to the Medical Leave Act of 1993 to clarify the lennium Development Goal of reducing presidency of the Republic of Korea. by one-half the proportion of people eligibility requirements with respect f to airline flight crews. worldwide, between 1990 and 2015, who S. 2125 live on less than $1 per day. STATEMENTS ON INTRODUCED At the request of Mr. KOHL, the name S. 2566 BILLS AND JOINT RESOLUTIONS of the Senator from Delaware (Mr. At the request of Mr. ISAKSON, the By Mr. DOMENICI (for himself, CARPER) was added as a cosponsor of S. names of the Senator from Louisiana Mr. LIEBERMAN, Mr. SESSIONS, 2125, a bill to improve public awareness (Ms. LANDRIEU) and the Senator from Mr. FEINGOLD, Mr. ISAKSON, Mr. in the United States among older indi- Pennsylvania (Mr. SPECTER) were ALEXANDER, Mr. VOINOVICH, Mr. viduals and their families and care- added as cosponsors of S. 2566, a bill to LUGAR, Mr. CHAMBLISS, Mrs. givers about the impending Digital amend the Internal Revenue Code of HUTCHISON, Mr. MARTINEZ, Mr. Television Transition through the es- 1986 to provide a Federal income tax ENZI, Mr. CORKER, and Ms. tablishment of a Federal interagency credit for certain home purchases. SNOWE): taskforce between the Federal Commu- S. 2580 S. 2627. A bill to provide for a bien- nications Commission, the Administra- At the request of Mr. BROWN, the nial budget process and a biennial ap- tion on Aging, the National Tele- name of the Senator from South Da- propriations process and to enhance communications and Information Ad- kota (Mr. JOHNSON) was added as a co- oversight and the performance of the ministration, and the outside advice of sponsor of S. 2580, a bill to amend the Federal Government; to the Committee appropriate members of the aging net- Higher Education Act of 1965 to im- on the Budget. work and industry groups. prove the participation in higher edu- Mr. DOMENICI. Mr. President, on be- S. 2144 cation of, and to increase opportunities half of Senator LIEBERMAN, the distin- At the request of Mr. COLEMAN, the in employment for, residents of rural guished chairman of the Homeland Se- name of the Senator from New Mexico areas. curity and Governmental Affairs Com- (Mr. DOMENICI) was added as a cospon- S. 2593 mittee, I rise to introduce the Biennial sor of S. 2144, a bill to require the Sec- At the request of Mr. BINGAMAN, the Budgeting and Appropriations Act, a retary of Energy to conduct a study of name of the Senator from Washington bill to convert the annual budget and feasibility relating to the construction (Mrs. MURRAY) was added as a cospon- appropriations process to a 2-year cycle and operation of pipelines and carbon sor of S. 2593, a bill to establish a pro- and to enhance oversight of Federal dioxide sequestration facilities, and for gram at the Forest Service and the De- programs. other purposes. partment of the Interior to carry out Mr. President, our most recent expe- S. 2170 collaborative ecological restoration rience with the fiscal year 2008 Omni- At the request of Mrs. HUTCHISON, the treatments for priority forest land- bus Consolidated Appropriations Act name of the Senator from Florida (Mr. scapes on public land, and for other shows the need for a biennial appro- NELSON) was added as a cosponsor of S. purposes. priations and budget process. That one 2170, a bill to amend the Internal Rev- S. 2617 bill clearly demonstrated Congress is enue Code of 1986 to modify the treat- At the request of Mr. AKAKA, the incapable of completing the budget, au- ment of qualified restaurant property name of the Senator from Michigan thorizing, and appropriations process as 15-year property for purposes of the (Ms. STABENOW) was added as a cospon- on an annual basis and unfortunantly, depreciation deduction. sor of S. 2617, a bill to increase, effec- this is not the first time. S. 2219 tive as of December 1, 2008, the rates of Congress should now act to stream- At the request of Mr. DURBIN, the compensation for veterans with serv- line the system by moving to a 2-year, name of the Senator from South Da- ice-connected disabilities and the rates or biennial, budget process. This is the kota (Mr. JOHNSON) was added as a co- of dependency and indemnity com- most important reform we can enact to sponsor of S. 2219, a bill to amend title pensation for the survivors of certain streamline the budget process, to make XVIII of the Social Security Act to de- disabled veterans. the Senate a more deliberative and ef- liver a meaningful benefit and lower S. 2625 fective institution, and to make us prescription drug prices under the At the request of Mr. HARKIN, the more accountable to the American peo- Medicare Program. name of the Senator from South Da- ple.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2060 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 Moving to a biennial budget and ap- the public does not understand what we decisions. Under the current annual propriations process enjoys very broad are doing and it breeds cynicism about budget process, we are constantly support. President George W. Bush has our Government. spending the taxpayers’ money instead supported a biennial budgeting process. Under the legislation we are intro- of focusing on how best and most effi- Presidents Clinton, Reagan, and Bush ducing today, the President would sub- ciently we should spend the taxpayers’ also proposed a biennial appropriations mit a 2-year budget and Congress money. By moving to a biennial budget and budget cycle. Leon Panetta, who would consider a 2-year budget resolu- cycle, we can plan, budget, and appro- served as White House Chief of Staff, tion and 2-year appropriation bills dur- priate more effectively, strengthen OMB Director, and House Budget Com- ing the first session of a Congress. The oversight and watchdog functions, and mittee chairman, has advocated a bien- second session of the Congress would be improve the efficiency of government nial budget since the late 1970s. Former devoted to consideration of authoriza- agencies. OMB and CBO Director Alice Rivlin tion bills and for oversight of Govern- Mr. President, I ask unanimous con- has called for a biennial budget the ment agencies. sent that the text of the bill be printed past two decades. Vice President Gore’s Most of the arguments against a bi- in the RECORD. National Performance Review and the ennial budget process will come from There being no objection, the mate- 1993 Joint Committee on the Reorga- those who claim we cannot predict or rial was ordered to be printed in the nization of Congress both rec- plan on a 2-year basis. For most of the RECORD as follows: ommended a biennial appropriations budget, we do not actually budget on S. 2627 and budget cycle. an annual basis. Our entitlement and Be it enacted by the Senate and House of Rep- A biennial budget will dramatically revenue laws are under permanent law, resentatives of the United States of America in improve the current budget process. and Congress does not change these Congress assembled, SECTION 1. SHORT TITLE. The current annual budget process is laws on an annual basis. The only com- This Act may be cited as the ‘‘Biennial redundant, inefficient, and destined for ponent of the budget that is set in law Budgeting and Appropriations Act’’. failure each year. Look at what we annually are the appropriated, or dis- SEC. 2. REVISION OF TIMETABLE. struggle to complete each year under cretionary, accounts. Section 300 of the Congressional Budget the current annual process. The annual The most predictable category of the Act of 1974 (2 U.S.C. 631) is amended to read budget process consumes 3 years: 1 budget are these appropriated, or disas follows: year for the administration to prepare cretionary, accounts of the Federal ‘‘TIMETABLE the President’s budget, another year Government. Much of this spending is ‘‘SEC. 300. (a) IN GENERAL.—Except as pro- for the Congress to put the budget into associated with international activi- vided by subsection (b), the timetable with law, and the final year to actually exe- ties or emergencies. Because most of respect to the congressional budget process this funding cannot be predicted on an for any Congress (beginning with the One cute the budget. Hundred Eleventh Congress) is as follows: Today, I want to focus just on the annual basis, a biennial budget is no ‘‘First Session congressional budget process, the proc- less deficient than the current annual ess of annually passing a budget resolu- process. My bill does not preclude sup- On or before: Action to be completed: First Monday President submits budget tion, authorization legislation, and plemental appropriations necessary to in February. recommendations. multiple appropriation bills. The meet these emergency or unanticipated February 15 ... Congressional Budget Office record clearly shows that last year’s requirements. submits report to Budget experience was nothing new. Under the In 1993 I had the honor to serve as co- Committees. annual process, we consistently fail to chairman on a joint committee that Not later than Committees submit views complete action on multiple appropria- studied the operations of the Congress. 6 weeks and estimates to Budget tions bills, to authorize programs, and Senator BYRD testified before that after budget Committees. committee that the increasing de- submission. to meet our deadlines. April 1...... Budget Committees report While we have made a number of im- mands put on us as Senators has led to concurrent resolution on provements in the budget process, the our ‘‘fractured attention.’’ We simply the biennial budget. current annual process is redundant are too busy to adequately focus on the May 15...... Congress completes action and inefficient. The Senate has the people’s business. This legislation is on concurrent resolution same debate, amendments and votes on designed to free up time and focus our on the biennial budget. the same issue three or four times a attention, particularly with respect to May 15 ...... Biennial appropriation bills year—once on the budget resolution, the oversight of Federal programs and may be considered in the again on the authorization bill, and fi- activities. House. June 10 ...... House Appropriations Com- nally on the appropriations bill. Frankly, the limited oversight we are mittee reports last bien- Several years ago, I asked the Con- now doing is not as good as it should nial appropriation bill. gressional Research Service, CRS, to be. Our authorizing committees are in- June 30 ...... House completes action on update and expand upon an analysis of creasingly crowded out of the legisla- biennial appropriation the amount of time we spend on the tive process. Under a biennial budget, bills. budget. CRS looked at all votes on ap- the second year of the biennium will be August 1...... Congress completes action propriations, revenue, reconciliation, exclusively devoted to examining Fed- on reconciliation legisla- and debt limit measures as well as eral programs and developing author- tion. October 1 ...... Biennium begins. budget resolutions. CRS then examined ization legislation. The calendar will Second Session any other vote dealing with budgetary be free of the budget and appropria- On or before: Action to be completed: levels, Budget Act waivers, or votes tions process, giving these committees February 15... President submits budget pertaining to the budget process. Be- the time and opportunity to provide review. ginning with 1980, budget related votes oversight, review, and legislate Not later than Congressional Budget Office started dominating the work of the changes to Federal programs. Over- 6 weeks submits report to Budget Senate. In 1996, 73 percent of the votes sight and the authorization should be after Presi- Committees. the Senate took were related to the an ongoing process, but a biennial ap- dent sub- budget. propriations process will provide great- mits budget If we cannot adequately focus on our er opportunity for legislators to con- review. duties because we are constantly de- The last day Congress completes action centrate on programs and policies in of the ses- on bills and resolutions bating the budget throughout the au- the second year. sion. authorizing new budget thorizing, budgeting, and appropria- A biennial budget cannot make the authority for the suc- tions process, just imagine how con- difficult decisions that must be made ceeding biennium. fused the American public is about in budgeting, but it can provide the ‘‘(b) SPECIAL RULE.—In the case of any first what we are doing. The result is that tools necessary to make much better session of Congress that begins in any year

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2061 immediately following a leap year and dur- (A) striking ‘‘fiscal year’’ and inserting (1) by striking ‘‘fiscal year’’ the first two ing which the term of a President (except a ‘‘biennium’’; and places it appears and inserting ‘‘biennium’’; President who succeeds himself or herself) (B) inserting after the second sentence the and begins, the following dates shall supersede following: ‘‘On or before April 1 of each odd- (2) by striking ‘‘for such fiscal year’’ and those set forth in subsection (a): numbered year (or, if applicable, as provided inserting ‘‘for such biennium’’. ‘‘First Session by section 300(b)), the Committee on the (g) PROCEDURES FOR CONSIDERATION OF On or before: Action to be completed: Budget of each House shall report to its BUDGET RESOLUTIONS.—Section 305 of such First Monday President submits budget House the concurrent resolution on the Act (2 U.S.C. 636(3)) is amended— in April. recommendations. budget referred to in subsection (a) for the (1) in subsection (a)(3), by striking ‘‘fiscal April 20...... Committees submit views biennium beginning on October 1 of that year’’ and inserting ‘‘biennium’’; and and estimates to Budget year.’’. (2) in subsection (b)(3), by striking ‘‘fiscal Committees. (6) GOALS FOR REDUCING UNEMPLOYMENT.— year’’ and inserting ‘‘biennium’’. (h) COMPLETION OF HOUSE ACTION ON AP- May 15...... Budget Committees report Section 301(f) of such Act (2 U.S.C. 632(f)) is PROPRIATION BILLS.—Section 307 of such Act concurrent resolution on amended by striking ‘‘fiscal year’’ each place (2 U.S.C. 638) is amended— the biennial budget. it appears and inserting ‘‘biennium’’. (1) by striking ‘‘each year’’ and inserting June 1 ...... Congress completes action (7) ECONOMIC ASSUMPTIONS.—Section 301(g)(1) of such Act (2 U.S.C. 632(g)(1)) is ‘‘each odd-numbered year’’; on concurrent resolution (2) by striking ‘‘annual’’ and inserting ‘‘bi- on the biennial budget. amended by striking ‘‘for a fiscal year’’ and inserting ‘‘for a biennium’’. ennial’’; July 1 ...... Biennial appropriation bills (3) by striking ‘‘fiscal year’’ and inserting may be considered in the (8) TABLE OF CONTENTS.—The item relating to section 301 in the table of contents set ‘‘biennium’’; and House. (4) by striking ‘‘that year’’ and inserting July 20 ...... House completes action on forth in section 1(b) of such Act is amended by striking ‘‘Annual’’ and inserting ‘‘Bien- ‘‘each odd-numbered year’’. biennial appropriation (i) COMPLETION OF ACTION ON REGULAR AP- bills. nial’’. (d) COMMITTEE ALLOCATIONS.—Section 302 PROPRIATION BILLS.—Section 309 of such Act August 1...... Congress completes action of such Act (2 U.S.C. 633) is amended— (2 U.S.C. 640) is amended— on reconciliation legisla- (1) in subsection (a) (1) by inserting ‘‘of any odd-numbered cal- tion. (A) in paragraph (1), by— endar year’’ after ‘‘July’’; October 1 ...... Biennium begins.’’. (i) striking ‘‘for the first fiscal year of the (2) by striking ‘‘annual’’ and inserting ‘‘bi- SEC. 3. AMENDMENTS TO THE CONGRESSIONAL resolution,’’ and inserting ‘‘for each fiscal ennial’’; and BUDGET AND IMPOUNDMENT CON- year in the biennium,’’; (3) by striking ‘‘fiscal year’’ and inserting TROL ACT OF 1974. (ii) striking ‘‘for that period of fiscal ‘‘biennium’’. (a) DECLARATION OF PURPOSE.—Section 2(2) years’’ and inserting ‘‘for all fiscal years cov- (j) RECONCILIATION PROCESS.—Section of the Congressional Budget and Impound- ered by the resolution’’; and 310(a) of such Act (2 U.S.C. 641(a)) is amendment Control Act of 1974 (2 U.S.C. 621(2)) is (iii) striking ‘‘for the fiscal year of that ed— amended by striking ‘‘each year’’ and insert- resolution’’ and inserting ‘‘for each fiscal (1) in the matter preceding paragraph (1), ing ‘‘biennially’’. year in the biennium’’; and by striking ‘‘any fiscal year’’ and inserting (b) DEFINITIONS.— (B) in paragraph (5), by striking ‘‘April 15’’ ‘‘any biennium’’; and (1) BUDGET RESOLUTION.—Section 3(4) of and inserting ‘‘May 15 or June 1 (under sec- (2) in paragraph (1) by striking ‘‘such fiscal such Act (2 U.S.C. 622(4)) is amended by tion 300(b))’’; year’’ each place it appears and inserting striking ‘‘fiscal year’’ each place it appears (2) in subsection (b), by striking ‘‘budget ‘‘any fiscal year covered by such resolution’’. and inserting ‘‘biennium’’. year’’ and inserting ‘‘biennium’’; (k) SECTION 311 POINT OF ORDER.— (2) BIENNIUM.—Section 3 of such Act (2 (3) in subsection (c) by striking ‘‘for a fis- (1) IN THE HOUSE.—Section 311(a)(1) of such U.S.C. 622) is further amended by adding at cal year’’ each place it appears and inserting Act (2 U.S.C. 642(a)) is amended— the end the following new paragraph: ‘‘for each fiscal year in the biennium’’; (A) by striking ‘‘for a fiscal year’’ and in- ‘‘(11) The term ‘biennium’ means the pe- (4) in subsection (f)(1), by striking ‘‘for a serting ‘‘for a biennium’’; riod of 2 consecutive fiscal years beginning fiscal year’’ and inserting ‘‘for a biennium’’; (B) by striking ‘‘the first fiscal year’’ each on October 1 of any odd-numbered year.’’. (5) in subsection (f)(1), by striking ‘‘the place it appears and inserting ‘‘either fiscal (c) BIENNIAL CONCURRENT RESOLUTION ON first fiscal year’’ and inserting ‘‘each fiscal year of the biennium’’; and THE BUDGET.— year of the biennium’’; (C) by striking ‘‘that first fiscal year’’ and (1) SECTION HEADING.—The section heading (6) in subsection (f)(2)(A), by— inserting ‘‘each fiscal year in the biennium’’. of section 301 of such Act is amended by (A) striking ‘‘the first fiscal year’’ and in- (2) IN THE SENATE.—Section 311(a)(2) of striking ‘‘annual’’ and inserting ‘‘biennial’’. serting ‘‘each fiscal year of the biennium’’; such Act is amended— (2) CONTENTS OF RESOLUTION.—Section and (A) in subparagraph (A), by striking ‘‘for 301(a) of such Act (2 U.S.C. 632(a)) is amend- (B) striking ‘‘the total of fiscal years’’ and the first fiscal year’’ and inserting ‘‘for ei- ed— inserting ‘‘the total of all fiscal years cov- ther fiscal year of the biennium’’; and (A) in the matter preceding paragraph (1) ered by the resolution’’; and (B) in subparagraph (B)— by— (7) in subsection (g)(1)(A), by striking (i) by striking ‘‘that first fiscal year’’ the (i) striking ‘‘April 15 of each year’’ and in- ‘‘April’’ and inserting ‘‘May’’. first place it appears and inserting ‘‘each fis- serting ‘‘May 15 of each odd-numbered year’’; (e) SECTION 303 POINT OF ORDER.— cal year in the biennium’’; and (ii) striking ‘‘the fiscal year beginning on (1) IN GENERAL.—Section 303(a) of such Act (ii) by striking ‘‘that first fiscal year and October 1 of such year’’ the first place it ap- (2 U.S.C. 634(a)) is amended by— the ensuing fiscal years’’ and inserting ‘‘all pears and inserting ‘‘the biennium beginning (A) striking ‘‘the first fiscal year’’ and in- fiscal years’’. on October 1 of such year’’; and serting ‘‘each fiscal year of the biennium’’; (3) SOCIAL SECURITY LEVELS.—Section (iii) striking ‘‘the fiscal year beginning on and 311(a)(3) of such Act is amended by— October 1 of such year’’ the second place it (B) striking ‘‘that fiscal year’’ each place (A) striking ‘‘for the first fiscal year’’ and appears and inserting ‘‘each fiscal year in it appears and inserting ‘‘that biennium’’. inserting ‘‘each fiscal year in the biennium’’; such period’’; (2) EXCEPTIONS IN THE HOUSE.—Section and (B) in paragraph (6), by striking ‘‘for the 303(b)(1) of such Act (2 U.S.C. 634(b)) is (B) striking ‘‘that fiscal year and the ensu- fiscal year’’ and inserting ‘‘for each fiscal amended— ing fiscal years’’ and inserting ‘‘all fiscal year in the biennium’’; and (A) in subparagraph (A), by striking ‘‘the years’’. (C) in paragraph (7), by striking ‘‘for the budget year’’ and inserting ‘‘the biennium’’; (l) MDA POINT OF ORDER.—Section 312(c) of fiscal year’’ and inserting ‘‘for each fiscal and the Congressional Budget Act of 1974 (2 year in the biennium’’. (B) in subparagraph (B), by striking ‘‘the U.S.C. 643) is amended— (3) ADDITIONAL MATTERS.—Section 301(b)(3) fiscal year’’ and inserting ‘‘the biennium’’. (1) by striking ‘‘for a fiscal year’’ and in- of such Act (2 U.S.C. 632(b)) is amended by (3) APPLICATION TO THE SENATE.—Section serting ‘‘for a biennium’’; striking ‘‘for such fiscal year’’ and inserting 303(c)(1) of such Act (2 U.S.C. 634(c)) is (2) in paragraph (1), by striking ‘‘the first ‘‘for either fiscal year in such biennium’’. amended by— fiscal year’’ and inserting ‘‘either fiscal year (4) VIEWS OF OTHER COMMITTEES.—Section (A) striking ‘‘fiscal year’’ and inserting in the biennium’’; 301(d) of such Act (2 U.S.C. 632(d)) is amended ‘‘biennium’’; and (3) in paragraph (2), by striking ‘‘that fis- by inserting ‘‘(or, if applicable, as provided (B) striking ‘‘that year’’ and inserting cal year’’ and inserting ‘‘either fiscal year in by section 300(b))’’ after ‘‘United States ‘‘each fiscal year of that biennium’’. the biennium’’; and Code’’. (f) PERMISSIBLE REVISIONS OF CONCURRENT (4) in the matter following paragraph (2), (5) HEARINGS.—Section 301(e)(1) of such Act RESOLUTIONS ON THE BUDGET.—Section 304(a) by striking ‘‘that fiscal year’’ and inserting (2 U.S.C. 632(e)) is amended by— of such Act (2 U.S.C. 635) is amended— ‘‘the applicable fiscal year’’.

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SEC. 4. AMENDMENTS TO TITLE 31, UNITED (11) PRIOR YEAR RECEIPTS.—Section (2) striking ‘‘year before the year in which STATES CODE. 1105(a)(19) of title 31, United States Code, is the fiscal year begins’’ and inserting ‘‘cal- (a) DEFINITION.—Section 1101 of title 31, amended— endar year preceding the calendar year in United States Code, is amended by adding at (A) by striking ‘‘the prior fiscal year’’ and which the biennium begins’’. the end thereof the following new paragraph: inserting ‘‘each of the 2 most recently com- SEC. 5. TWO-YEAR APPROPRIATIONS; TITLE AND ‘‘(3) ‘biennium’ has the meaning given to pleted fiscal years’’; STYLE OF APPROPRIATIONS ACTS. such term in paragraph (11) of section 3 of (B) by striking ‘‘for that year’’ and insert- Section 105 of title 1, United States Code, the Congressional Budget and Impoundment ing ‘‘with respect to those fiscal years’’; and is amended to read as follows: Control Act of 1974 (2 U.S.C. 622(11)).’’. (C) by striking ‘‘in that year’’ each place it (b) BUDGET CONTENTS AND SUBMISSION TO ‘‘§ 105. Title and style of appropriations Acts appears and inserting ‘‘in those fiscal years’’. THE CONGRESS.— (c) ESTIMATED EXPENDITURES OF LEGISLA- ‘‘(a) The style and title of all Acts making (1) SCHEDULE.—The matter preceding para- TIVE AND JUDICIAL BRANCHES.—Section appropriations for the support of the Govern- graph (1) in section 1105(a) of title 31, United 1105(b) of title 31, United States Code, is ment shall be as follows: ‘An Act making ap- States Code, is amended to read as follows: propriations (here insert the object) for each ‘‘(a) On or before the first Monday in Feb- amended by striking ‘‘each year’’ and inserting ‘‘each even-numbered year’’. fiscal year in the biennium of fiscal years ruary of each odd-numbered year (or, if ap- (here insert the fiscal years of the bien- plicable, as provided by section 300(b) of the (d) RECOMMENDATIONS TO MEET ESTIMATED DEFICIENCIES.—Section 1105(c) of title 31, nium).’. Congressional Budget Act of 1974), beginning ‘‘(b) All Acts making regular appropria- with the One Hundred Eleventh Congress, United States Code, is amended— tions for the support of the Government the President shall transmit to the Congress, (1) by striking ‘‘the fiscal year for’’ the shall be enacted for a biennium and shall the budget for the biennium beginning on first place it appears and inserting ‘‘each fis- specify the amount of appropriations pro- October 1 of such calendar year. The budget cal year in the biennium for’’; vided for each fiscal year in such period. of the United States Government trans- (2) by striking ‘‘the fiscal year for’’ the mitted under this subsection shall include a second place it appears and inserting ‘‘each ‘‘(c) For purposes of this section, the term budget message and summary and sup- fiscal year of the biennium, as the case may ‘biennium’ has the same meaning as in sec- porting information. The President shall in- be, for’’; and tion 3(11) of the Congressional Budget and clude in each budget the following:’’. (3) by striking ‘‘for that year’’ and insert- Impoundment Control Act of 1974 (2 U.S.C. (2) EXPENDITURES.—Section 1105(a)(5) of ing ‘‘for each fiscal year of the biennium’’. 622(11)).’’. title 31, United States Code, is amended by (e) CAPITAL INVESTMENT ANALYSIS.—Sec- SEC. 6. MULTIYEAR AUTHORIZATIONS. striking ‘‘the fiscal year for which the budg- tion 1105(e)(1) of title 31, United States Code, (a) IN GENERAL.—Title III of the Congres- et is submitted and the 4 fiscal years after is amended by striking ‘‘ensuing fiscal year’’ sional Budget Act of 1974 is amended by add- that year’’ and inserting ‘‘each fiscal year in and inserting ‘‘biennium to which such budg- ing at the end the following new section: the biennium for which the budget is sub- et relates’’. ‘‘AUTHORIZATIONS OF APPROPRIATIONS mitted and in the succeeding 4 fiscal years’’. (f) SUPPLEMENTAL BUDGET ESTIMATES AND ‘‘SEC. 316. (a) POINT OF ORDER.—It shall not (3) RECEIPTS.—Section 1105(a)(6) of title 31, CHANGES.— be in order in the House of Representatives United States Code, is amended by striking (1) IN GENERAL.—Section 1106(a) of title 31, or the Senate to consider— ‘‘the fiscal year for which the budget is sub- United States Code, is amended— ‘‘(1) any bill, joint resolution, amendment, mitted and the 4 fiscal years after that year’’ (A) in the matter preceding paragraph (1), motion, or conference report that authorizes and inserting ‘‘each fiscal year in the bien- by— appropriations for a period of less than 2 fis- nium for which the budget is submitted and (i) inserting after ‘‘Before July 16 of each cal years, unless the program, project, or ac- in the succeeding 4 years’’. year’’ the following: ‘‘and February 15 of tivity for which the appropriations are au- (4) BALANCE STATEMENTS.—Section each even-numbered year’’; and 1105(a)(9)(C) of title 31, United States Code, is (ii) striking ‘‘fiscal year’’ and inserting thorized will require no further appropria- amended by striking ‘‘the fiscal year’’ and ‘‘biennium’’; tions and will be completed or terminated inserting ‘‘each fiscal year in the biennium’’. (B) in paragraph (1), by striking ‘‘that fis- after the appropriations have been expended; and (5) FUNCTIONS AND ACTIVITIES.—Section cal year’’ and inserting ‘‘each fiscal year in 1105(a)(12) of title 31, United States Code, is such biennium’’; ‘‘(2) in any odd-numbered year, any author- amended in subparagraph (A), by striking (C) in paragraph (2), by striking ‘‘fiscal ization or revenue bill or joint resolution ‘‘the fiscal year’’ and inserting ‘‘each fiscal year’’ and inserting ‘‘biennium’’; and until Congress completes action on the bien- year in the biennium’’. (D) in paragraph (3), by striking ‘‘fiscal nial budget resolution, all regular biennial appropriations bills, and all reconciliation (6) ALLOWANCES.—Section 1105(a)(13) of year’’ and inserting ‘‘biennium’’. bills. title 31, United States Code, is amended by (2) CHANGES.—Section 1106(b) of title 31, striking ‘‘the fiscal year’’ and inserting United States Code, is amended by— ‘‘(b) APPLICABILITY.—In the Senate, sub- ‘‘each fiscal year in the biennium’’. (A) striking ‘‘the fiscal year’’ and inserting section (a) shall not apply to— ‘‘(1) any measure that is privileged for con- (7) ALLOWANCES FOR UNCONTROLLED EX- ‘‘each fiscal year in the biennium’’; sideration pursuant to a rule or statute; PENDITURES.—Section 1105(a)(14) of title 31, (B) inserting after ‘‘Before July 16 of each United States Code, is amended by striking year’’ the following: ‘‘and February 15 of ‘‘(2) any matter considered in Executive ‘‘that year’’ and inserting ‘‘each fiscal year each even-numbered year’’; and Session; or in the biennium for which the budget is sub- (C) striking ‘‘submitted before July 16’’ ‘‘(3) an appropriations measure or rec- mitted’’. and inserting ‘‘required by this subsection’’. onciliation bill.’’. (b) AMENDMENT TO TABLE OF CONTENTS.— (8) TAX EXPENDITURES.—Section 1105(a)(16) (g) CURRENT PROGRAMS AND ACTIVITIES ES- The table of contents set forth in section 1(b) of title 31, United States Code, is amended by TIMATES.— of the Congressional Budget and Impound- striking ‘‘the fiscal year’’ and inserting (1) IN GENERAL.—Section 1109(a) of title 31, ‘‘each fiscal year in the biennium’’. United States Code, is amended— ment Control Act of 1974 is amended by adding after the item relating to section 315 the (9) FUTURE YEARS.—Section 1105(a)(17) of (A) by striking ‘‘On or before the first title 31, United States Code, is amended— Monday after January 3 of each year (on or following new item: (A) by striking ‘‘the fiscal year following before February 5 in 1986)’’ and inserting ‘‘At ‘‘Sec. 316. Authorizations of appropria- the fiscal year’’ and inserting ‘‘each fiscal the same time the budget required by section tions’’. year in the biennium following the bien- 1105 is submitted for a biennium’’; and SEC. 7. GOVERNMENT PLANS ON A BIENNIAL nium’’; (B) by striking ‘‘the following fiscal year’’ BASIS. (B) by striking ‘‘that following fiscal year’’ and inserting ‘‘each fiscal year of such pe- (a) STRATEGIC PLANS.—Section 306 of title and inserting ‘‘each such fiscal year’’; and riod’’. 5, United States Code, is amended— (C) by striking ‘‘fiscal year before the fis- (2) JOINT ECONOMIC COMMITTEE.—Section (1) in subsection (a), by striking ‘‘Sep- cal year’’ and inserting ‘‘biennium before the 1109(b) of title 31, United States Code, is tember 30, 1997’’ and inserting ‘‘September biennium’’. amended by striking ‘‘March 1 of each year’’ 30, 2009’’; (10) PRIOR YEAR OUTLAYS.—Section and inserting ‘‘within 6 weeks of the Presi- (2) in subsection (b)— 1105(a)(18) of title 31, United States Code, is dent’s budget submission for each odd-num- (A) by striking ‘‘five years forward’’ and amended— bered year (or, if applicable, as provided by inserting ‘‘6 years forward’’; (A) by striking ‘‘the prior fiscal year’’ and section 300(b) of the Congressional Budget (B) by striking ‘‘at least every three inserting ‘‘each of the 2 most recently com- Act of 1974)’’. years’’ and inserting ‘‘at least every 4 pleted fiscal years,’’; (h) YEAR-AHEAD REQUESTS FOR AUTHOR- years’’; and (B) by striking ‘‘for that year’’ and insert- IZING LEGISLATION.—Section 1110 of title 31, (C) by striking beginning with ‘‘, except ing ‘‘with respect to those fiscal years’’; and United States Code, is amended by— that’’ through ‘‘four years’’; and (C) by striking ‘‘in that year’’ and insert- (1) striking ‘‘May 16’’ and inserting ‘‘March (3) in subsection (c), by inserting a comma ing ‘‘in those fiscal years’’. 31’’; and after ‘‘section’’ the second place it appears

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2063 and adding ‘‘including a strategic plan sub- (4) in paragraph (6), by striking the period Medicaid coverage of drugs prescribed mitted by September 30, 2009 meeting the re- and inserting ‘‘; and’’; and for certain research study child partici- quirements of subsection (a)’’. (5) by adding after paragraph (6) the fol- pants; to the Committee on Finance. (b) BUDGET CONTENTS AND SUBMISSION TO lowing: Mr. SPECTER. Mr. President, I have CONGRESS.—Paragraph (28) of section 1105(a) ‘‘(7) cover a 2-year period beginning with sought recognition today to introduce of title 31, United States Code, is amended by the first fiscal year of the next biennial striking ‘‘beginning with fiscal year 1999, a’’ budget cycle.’’. Nino’s Act, to provide for the continu- and inserting ‘‘beginning with fiscal year (h) COMMITTEE VIEWS OF PLANS AND RE- ance of successful treatment for chil- 2010, a biennial’’. PORTS.—Section 301(d) of the Congressional dren who are required to leave Na- (c) PERFORMANCE PLANS.—Section 1115 of Budget Act (2 U.S.C. 632(d)) is amended by tional Institutes of Health, NIH, re- title 31, United States Code, is amended— adding at the end ‘‘Each committee of the search studies. The NIH provides the (1) in subsection (a)— Senate or the House of Representatives shall greatest medical research in the world (A) in the matter before paragraph (1)— review the strategic plans, performance on innumerable diseases, including (i) by striking ‘‘section 1105(a)(29)’’ and in- plans, and performance reports, required cancer, Alzheimer’s, Parkinson’s. The serting ‘‘section 1105(a)(28)’’; and under section 306 of title 5, United States Code, and sections 1115 and 1116 of title 31, NIH also conducts excellent research (ii) by striking ‘‘an annual’’ and inserting on diseases that affect children. To ‘‘a biennial’’; United States Code, of all agencies under the (B) in paragraph (1) by inserting after jurisdiction of the committee. Each com- conduct that research many brave chil- ‘‘program activity’’ the following: ‘‘for both mittee may provide its views on such plans dren must partake in research studies years 1 and 2 of the biennial plan’’; or reports to the Committee on the Budget including observational, or natural his- (C) in paragraph (5) by striking ‘‘and’’ after of the applicable House.’’. tory, studies and clinical trials to test the semicolon, (i) EFFECTIVE DATE.— experimental therapies. This participa- (D) in paragraph (6) by striking the period (1) IN GENERAL.—The amendments made by tion is critical to understanding dis- and inserting a semicolon; and inserting this section shall take effect on March 1, 2009. eases and ultimately finding cures at ‘‘and’’ after the inserted semicolon; and the NIH. (E) by adding after paragraph (6) the fol- (2) AGENCY ACTIONS.—Effective on and after the date of enactment of this Act, each agen- To participate in the trials and stud- lowing: ies, children and their families often ‘‘(7) cover a 2-year period beginning with cy shall take such actions as necessary to the first fiscal year of the next biennial prepare and submit any plan or report in ac- make considerable sacrifices. Families budget cycle.’’; cordance with the amendments made by this will travel great distances to receive (2) in subsection (d) by striking ‘‘annual’’ Act. treatment that may provide relief from and inserting ‘‘biennial’’; and SEC. 8. BIENNIAL APPROPRIATIONS BILLS. the child’s illness. In many cases, par- (3) in paragraph (6) of subsection (f) by (a) IN GENERAL.—Title III of the Congres- ents and doctors will have tried many striking ‘‘annual’’ and inserting ‘‘biennial’’. sional Budget Act of 1974 (2 U.S.C. 631 et seq.) treatments for the child’s disease is amended by adding at the end the fol- (d) MANAGERIAL ACCOUNTABILITY AND about which little may be known or FLEXIBILITY.—Section 9703 of title 31, United lowing: ‘‘CONSIDERATION OF BIENNIAL APPROPRIATIONS understood. The NIH studies represent States Code, relating to managerial account- an opportunity for both the medical ability, is amended— BILLS (1) in subsection (a)— ‘‘SEC. 317. It shall not be in order in the community to learn more about the (A) in the first sentence by striking ‘‘an- House of Representatives or the Senate in disease and the child to be studied and nual’’; and any odd-numbered year to consider any reg- potentially treated by the best re- (B) by striking ‘‘section 1105(a)(29)’’ and in- ular bill providing new budget authority or a searchers in the world. serting ‘‘section 1105(a)(28)’’; limitation on obligations under the jurisdic- When the experimental treatments (2) in subsection (e)— tion of any of the subcommittees of the Com- are successful, it is cause for great (A) in the first sentence by striking ‘‘one mittees on Appropriations for only the first celebration for the child. The joy, how- or’’ before ‘‘years’’; fiscal year of a biennium, unless the pro- ever, can end quickly as the studies gram, project, or activity for which the new (B) in the second sentence by striking ‘‘a come to end but the children who have subsequent year’’ and inserting ‘‘a subse- budget authority or obligation limitation is quent 2-year period’’; and provided will require no additional authority been part of them continue to be (C) in the third sentence by striking beyond 1 year and will be completed or ter- stricken by these terrible illnesses. ‘‘three’’ and inserting ‘‘4’’. minated after the amount provided has been Nino’s Act seeks to transition chil- (e) PILOT PROJECTS FOR PERFORMANCE expended.’’. dren out of the NIH studies as they end BUDGETING.—Section 1119 of title 31, United (b) AMENDMENT TO TABLE OF CONTENTS.— so they don’t experience a gap in their States Code, is amended— The table of contents set forth in section 1(b) important treatment. This legislation (1) in paragraph (1) of subsection (d), by of the Congressional Budget and Impound- continues the successful treatment ini- ment Control Act of 1974 is amended by add- striking ‘‘annual’’ and inserting ‘‘biennial’’; tiated in NIH studies by providing ac- and ing after the item relating to section 316 the following new item: cess to the same prescription drugs for (2) in subsection (e), by striking ‘‘annual’’ children who are required to leave NIH and inserting ‘‘biennial’’. ‘‘Sec. 317. Consideration of biennial appro- (f) STRATEGIC PLANS.—Section 2802 of title priations bills’’. clinical studies due to the studies end- 39, United States Code, is amended— SEC. 9. REPORT ON TWO-YEAR FISCAL PERIOD. ing, researcher leaving, or other rea- (1) is subsection (a), by striking ‘‘Sep- Not later than 180 days after the date of son. Often drugs that are used success- tember 30, 1997’’ and inserting ‘‘September enactment of this Act, the Director of OMB fully in these studies have not yet been 30, 2009’’; shall— approved by the Food and Drug Admin- (2) by striking ‘‘five years forward’’ and in- (1) determine the impact and feasibility of istration or have not been approved for serting ‘‘6 years forward’’; changing the definition of a fiscal year and treatment of the child’s specific dis- (3) in subsection (b), by striking ‘‘at least the budget process based on that definition to a 2-year fiscal period with a biennial budg- ease. As such, it is nearly impossible every three years’’ and inserting ‘‘at least for children to get access or insurance every 4 years’’; and et process based on the 2-year period; and (4) in subsection (c), by inserting a comma (2) report the findings of the study to the coverage for these drugs. This bill after ‘‘section’’ the second place it appears Committees on the Budget of the House of makes that access possible by requir- and inserting ‘‘including a strategic plan Representatives and the Senate. ing Medicaid to cover the cost of treat- submitted by September 30, 2009 meeting the SEC. 10. EFFECTIVE DATE. ment in the event that the children’s requirements of subsection (a)’’. Except as provided in section 7, this Act health insurance does not. (g) PERFORMANCE PLANS.—Section 2803(a) and the amendments made by this Act shall On occasion, insurers will cover the of title 39, United States Code, is amended— take effect on January 1, 2009, and shall cost of the treatment for these children (1) in the matter before paragraph (1), by apply to budget resolutions and appropria- if they have adequate insurance and tions for the biennium beginning with fiscal striking ‘‘an annual’’ and inserting ‘‘a bien- the FDA has approved the drug for off- nial’’; year 2010. (2) in paragraph (1), by inserting after label uses. More often then not, how- ‘‘program activity’’ the following: ‘‘for both By Mr. SPECTER (for himself ever, children do not have health insur- years 1 and 2 of the biennial plan’’; and Mr. CASEY): ance, or have insufficient insurance to (3) in paragraph (5), by striking ‘‘and’’ S. 2629. A bill to amend title XIX of obtain these drugs. As a result, chil- after the semicolon; the Social Security Act to provide dren suffer their diseases without relief

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2064 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 from the treatment as established in There being no objection, the text of ‘‘(D) do not have other health coverage for the clinical NIH studies. To ensure the bill was ordered to be printed in such drug, product, or insulin. that these children have access to suc- the RECORD, as follows: ‘‘(2) A State shall redetermine not less than every 2 years the eligibility of an indi- cessful care post-study, Nino’s Act re- S. 2629 quires Medicaid to cover the cost of vidual for medical assistance who is eligible Be it enacted by the Senate and House of Rep- solely on the basis of subsection treatment for these children. While resentatives of the United States of America in (a)(10)(A)(i)(VIII). Medicaid access is traditionally based Congress assembled, ‘‘(3) For purposes of this subsection and on income, due to the importance of SECTION 1. SHORT TITLE. paragraphs (10)(A)(i)(VIII) and (71) of sub- these drugs to the child’s well-being This Act may be cited as the ‘‘Nino’s Act’’. section (a), the term ‘research study’ means the income component will be waived. SEC. 2. MEDICAID COVERAGE OF DRUGS PRE- a clinical study, including an observational SCRIBED FOR RESEARCH STUDY (or natural history) study, or a clinical trial, To ensure Medicaid is not unneces- CHILD PARTICIPANTS. to test an experimental therapy.’’. sarily covering medication, Nino’s Act (a) MANDATORY COVERAGE IF STATE PRO- (C) MEDICAL ASSISTANCE LIMITED TO COV- requires the physicians participating in VIDES DRUG COVERAGE.— ERAGE OF THE RESEARCH OR OBSERVATIONAL the research to certify the treatment (1) STATE PLAN REQUIREMENT.—Section as successful and essential. 1902(a) of the Social Security Act (42 U.S.C. TRIAL DRUGS, BIOLOGICAL PRODUCT, OR INSU- LIN.—Section 1902(a)(10) of the Social Secu- This important issue was introduced 1396a(a)) is amended— (A) in paragraph (69), by striking ‘‘and’’ at rity Act (42 U.S.C. 1396a(a)(10)) is amended in to me by Lori Todaro of Newville, PA. the matter following subparagraph (G)— Lori’s son Nino suffers from Undif- the end; (B) in paragraph (70), by striking the pe- (i) by striking ‘‘and (XIV)’’ and inserting ferentiated Auto-Inflammatory Peri- riod at the end and inserting ‘‘; and’’; and ‘‘(XIV)’’; and odic Fever Syndrome. This disease (C) by inserting after paragraph (70) the (ii) by inserting ‘‘, and (XV) the medical takes a devastating toll on those who following new paragraph: assistance made available to a research suffer from it. The auto-inflammatory ‘‘(71) in the case of a State plan that pro- study child participant described in sub- disease can cause joint inflammation vides medical assistance for prescribed drugs section (dd)(1) who is eligible for medical as- arthritis, Crohns, colitis, irritable under section 1905(a)(12), provide for such sistance solely on the basis of subparagraph bowel syndrome, and cyclical high fe- medical assistance to include coverage for (A)(10)(i)(VIII) shall be limited to medical assistance for a drug, biological product, or in- vers. Treatment for Periodic Fever any drug, biological product, or insulin prescribed for a child (including any such drug, sulin that is prescribed for the participant as Syndrome is experimental at best; Lori product, or insulin that is self-administered) a result of participation in such trial or and Nino have visited a number of doc- who— study (including any such drug, product, or tors and tried many medications in an ‘‘(A) is eligible for medical assistance insulin that is self-administered)’’ before the effort to control the disease. under the State plan (including a child who semicolon. In 2003, Nino was fortunate to be se- is eligible only on the basis of paragraph (D) CONFORMING AMENDMENT.—Section lected to take part in an observational (10)(A)(i)(VIII)); 1903(f)(4) of such Act (42 U.S.C. 1396b)(f)(4)) is study at NIH in Bethesda, Maryland for ‘‘(B) is a current or former participant in a amended in the matter preceding subpara- Undifferentiated Auto-inflammatory research study conducted or funded (in whole graph (A) by inserting or in part) by the National Institutes of ‘‘1902(a)(10)(A)(i)(VIII),’’ after Periodic Fever Syndrome. During the ‘‘1902(a)(10)(A)(i)(VII),’’. course of the study, Nino was given a Health; and ‘‘(C) satisfies the requirements of subpara- (b) PRESUMPTIVE ELIGIBILITY.—Section new medication and his condition graphs (B), (C), and (D) of subsection 1920B of the Social Security Act (42 U.S.C. greatly improved. Before he partici- (dd)(1).’’. 1396r–1b) is amended— pated in the study he was being fitted (2) MANDATORY COVERAGE OF DRUGS OF RE- (1) in the section heading, by inserting ‘‘OR for wheelchairs and was home schooled SEARCH STUDY CHILD PARTICIPANTS WHO ARE RESEARCH STUDY CHILD PARTICIPANTS’’ after because his symptoms were so disrup- NOT OTHERWISE ELIGIBLE FOR MEDICAID IF THE ‘‘PATIENTS’’; tive and unpredictable. The NIH treat- STATE OFFERS DRUG COVERAGE.— (2) in subsection (a), by inserting ‘‘or a ment allowed him to resume a normal (A) IN GENERAL.—Section 1902(a)(10)(A)(i) of child who is eligible for medical assistance the Social Security Act (42 U.S.C. under the State plan (including a child who life and enabled him to attend school is eligible only on the basis of section and play soccer. While Nino’s treat- 1396b(a)(10)(A)(i)) is amended— (i) in subclause (VI), by striking ‘‘or’’ at 1902(a)(10)(A)(i)(VIII) but subject to the limi- ment was successful he could not re- the end; tation on medical assistance for such a child main part of the study indefinitely and (ii) in subclause (VII), by adding ‘‘or’’ at under clause (XV) of the matter following was encouraged to seek coverage for the end; and section 1902(a)(10)(G)), is a current or former his treatments through his private in- (iii) by adding at the end the following new participant in a research study conducted or surer. Initially, the Todaro’s insurer subclause: funded (in whole or in part) by the National would not agree to cover the cost of ‘‘(VIII) who are research study child par- Institutes of Health, and satisfies the re- the experimental drug and only after ticipants described in subsection (dd)(1), but quirements of subparagraphs (B), (C), and (D) of section 1902(dd)(1)’’ after ‘‘patients)’’; an intense lobbying effort by Lori, did only if the medical assistance made available by the State includes prescribed drugs (3) in subsection (b)(1)(A), by inserting ‘‘or the insurer agree to cover Nino’s pre- under section 1905(a)(12),’’. subsection (a)’’ after ‘‘1902(aa)’’; and scriptions. (B) GROUP DESCRIBED.—Section 1902 of the (4) in subsection (d), in the flush language Nino’s story is a successful one, but Social Security Act (42 U.S.C. 1396a) is following paragraph (2), by striking ‘‘for pur- also serves to highlight the issue that amended by adding at the end the following poses of clause (4) of the first sentence of sec- children and their families are facing new subsection: tion 1905(b)’’ and inserting ‘‘for purposes of as they transition out of NIH studies. ‘‘(dd)(1) Research study child participants the first sentence of section 1905(b) (and, in For many, NIH trials are a source of described in this subsection are individuals the case of medical assistance furnished to hope for relief from the worst diseases who— an individual described in section 1902(aa), known to man. The excellent doctors ‘‘(A) are not otherwise eligible for medical for purposes of clause (4) of such sentence)’’. assistance under the State plan; (c) NOTICE OF MEDICAID COVERAGE FOR RE- and research teams at NIH make in- ‘‘(B) have not attained age 19; SEARCH STUDY CHILD PARTICIPANTS.— valuable contributions to our under- ‘‘(C) have been certified by a physician par- (1) IN GENERAL.—Not later than 90 days standing of complex and debilitating ticipating in a research study conducted or after the date of enactment of this Act, the diseases. This legislation seeks to am- funded (in whole or in part) by the National Secretary of Health and Human Services, in plify the NIH’s contributions by allow- Institutes of Health to be current or former consultation with the Director of the Insti- ing America’s sickest children to con- participants in such trial or study who have tutes of Health and State Medicaid Direc- tinue their successful treatment under a specific disease or condition that— tors, shall— Medicaid coverage. I encourage my col- ‘‘(i) is or has been successfully treated (A) develop a written notice for child par- under such trial or study with a prescribed ticipants in research studies (as defined in leagues to work with Senator CASEY use of a drug, biological product, or insulin section 1902(dd)(3) of the Social Security Act, and me to move this legislation for- that is not approved under the Federal Food, as added by subsection (a)(2)(B)) conducted ward promptly. Drug, and Cosmetic Act; and or funded (in whole or in part) by the Na- Mr. President, I ask unanimous con- ‘‘(ii) is likely to continue to be success- tional Institutes of Health who are likely to sent that the text of the bill be printed fully treated with such drug, product, or in- eligible for medical assistance for a drug, bi- in the RECORD. sulin; and ological product, or insulin prescribed for

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2065 such participants as a result of participation parents, you can imagine the joy of tape. It is unthinkable to me that any in such a study (including any such drug, seeing your child finally alleviated ill child in this country, the richest na- product, or insulin that is self-administered) from the suffering he or she has been tion on earth, with all our medical ad- in accordance with paragraph (10)(A)(i)(VIII) going through, finally able to enjoy vancements, should ever be denied or (71) of section 1902(a) of the Social Secu- rity Act (42 U.S.C. 1396a(a)) (as added by sub- him- or herself and do all the things medical treatment that is available section (a)), of the availability of such as- that children are supposed to do. and proven successful. Our bill will sistance; and Then imagine, if you can, what it give these children and their parents (B) establish procedures for making such would be like to suddenly have that peace of mind that when a study ends, notice available to the child participants taken away. The clinical trial ends, or their children’s successful ongoing through physicians participating in such re- funding for the trial ends. Suddenly, treatment will not be threatened. To search studies or such other means as the you no longer have access to this drug address this, Nino’s Act will require Secretary determines appropriate. that your child needs to be able to Medicaid to cover the cost of treat- (2) AUTHORIZATION OF APPROPRIATIONS.— function, to do their homework, eat There is authorized to be appropriated for ment of in the event that a child’s fiscal year 2008 and each fiscal year there- well and have fun. If it is a drug that health insurance does not. after such sums as may be necessary to carry has not been approved by the Food and This is the least we can do for these out this subsection. Drug Administration or specifically ap- children and families. No child for (d) EFFECTIVE DATE.—The amendments proved for a child’s particular disease, whom treatment is available should made by this section apply to medical assist- then insurance companies typically have to forego that treatment to the ance for items and services furnished on or will not cover it because the treatment after the date of enactment of this Act, with- serious detriment of their health. That out regard to whether final regulations to is considered ‘‘experimental.’’ In some is just plain wrong. Senator SPECTER carry out such amendments have been pro- cases, a drug has been approved for and I share the belief that ensuring on- mulgated. other uses than the orphan disease, going treatment for children with rare Mr. CASEY. Mr. President, I rise known as ‘‘off-label’’ use. If a family disorders is something this Congress today to speak about a critical health has enough insurance, and there is off- should get behind. I urge my colleagues issue affecting thousands of our chil- label FDA approval, sometimes fami- to support Nino’s Act and I will work dren every day but about which few lies can get coverage of the drugs. If hard for its passage. My hope is it will people have ever even heard. All across not, the resulting cost to families is as- go a long way toward ensuring that this country, thousands of children suf- tronomical—ranging anywhere from children with orphan diseases can get fer from rare genetic diseases called $10,000 to $30,000 per month. the successful treatment they deserve, ‘‘orphan diseases,’’ thus named because This is what happened to Nino freeing them and their families to of the relatively small number of peo- Todaro, a young boy from Newville, focus on what is truly important— ple these diseases strike. Pennsylvania, and that is why Senator keeping them well, and living out An orphan disease is defined as af- SPECTER and I are today introducing happy and productive lives. fecting fewer than 200,000 people. The Nino’s Act. Nino suffers from Periodic National Institutes of Health, NIH, es- Fever Syndrome, an unpredictable ge- By Mr. KENNEDY (for himself, timate that there are approximately netic condition that can cause uncon- Mr. STEVENS, Mr. KERRY, and 6,000 of these orphan diseases, affecting trolled inflammation throughout the Ms. MURKOWSKI): about 25 million Americans on the body. When this disease acts up, Nino S. 2630. A bill to amend the Public whole. Most of these rare diseases are has days where he cannot do much Health Service Act to establish a Fed- genetic and many affect children. more than lie on the couch. Left un- eral grant program to provide in- Last spring, I met with a group of treated, this condition could leave creased health care coverage to and ac- mothers who shared their struggles and Nino unable to walk and even be life- cess for uninsured and underinsured frustrations in getting ongoing and threatening. Fortunately Nino found workers and families in the commer- consistent treatment for their chil- help through an NIH clinical trial, but cial fishing industry, and for other pur- dren, each of whom suffers from an or- funding ran out last year. The drug poses; to the Committee on Health, phan disease. Many of these parents that returned Nino to a joyous soccer- Education, Labor, and Pensions. had been able to enroll their children playing kid was approved for arthritis Mr. KENNEDY. Mr. President, I ask in clinical trials at the NIH and had and Crohn’s disease, but not Periodic unanimous consent that the text of the found experimental treatments for Fever Syndrome. Facing costs of bill be printed in the RECORD. their children that had proven ex- $12,000 a month, and initial rejections There being no objection, the text of tremely successful. The doctors at NIH from their insurance company, Nino’s the bill was ordered to be printed in do miraculous work in finding treat- parents turned to Congress. the RECORD, as follows: ments for children with rare genetic Nino’s Act will allow children to diseases. But oftentimes, when the transition out of successful treatment S. 2630 trial ends, these children and parents in NIH studies without a gap in treat- Be it enacted by the Senate and House of Rep- are left on their own, with no access to ment. There are thousands of children resentatives of the United States of America in the previously free and effective treat- like Nino across this country who des- Congress assembled, ment that their children were getting. perately need the continuity of ongo- SECTION 1. SHORT TITLE. Imagine if you can, for one moment, ing successful treatment for their rare This Act may be cited as the ‘‘Commercial the predicament of these children and disorders. These are children who have Fishing Industry Health Care Coverage Act their parents? After months and some- been very ill, sometimes incapacitated, of 2008’’. times years of first not knowing what and have been able to resume normal SEC. 2. GRANTS FOR QUALIFIED COMMERCIAL FISHING INDUSTRY HEALTH CARE was ailing their sick children, des- childhoods through successful drug COVERAGE DEMONSTRATION PRO- perately seeking help, then finally get- treatment. Parents advocating for GRAMS. ting a diagnosis, only to find out that their children understandably refuse to Part B of title III of the Public Health there was no FDA approved treatment. accept that their children have no Service Act (42 U.S.C. 243 et seq.) is amended Then after searching for some kind of choice but to regress because their in- by adding at the end the following new sec- treatment and then finally, finally surance company will not cover tion: finding—and being admitted to—a clin- humongous medical bills that no mid- ‘‘SEC. 320B. GRANTS FOR QUALIFIED COMMER- ical trial on medication that miracu- dle class family could even begin to ab- CIAL FISHING INDUSTRY HEALTH CARE COVERAGE DEMONSTRATION lously gave their children the ability sorb. PROGRAMS. to function like other kids—to be able No parent should ever have to face a ‘‘(a) ESTABLISHMENT OF PROGRAM.— to play soccer and go to school and situation in which the care they need ‘‘(1) IN GENERAL.—The Secretary, through have friends over and just have the en- for their seriously ill child is too ex- the Health Resources and Services Adminis- ergy to be a child. For all of us who are pensive or held up by regulatory red tration, shall establish a grant program (in

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.001 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2066 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 this section referred to as the ‘grant pro- grants for 5 years under subparagraph (B) companies for the purpose of conducting ac- gram’) for the purpose of assisting commer- and that has satisfactorily administered tivities under an implementation or admin- cial fishing States to establish, or strength- such program using the funds provided by istration grant under this subsection and en existing, programs to expand health care such grants for at least 5 years, if the eco- may not enter into such a contract with an coverage and access for uninsured or under- nomic conditions of the fishing industry in organization or company which is not eligi- insured workers and their families in the the program’s service area (or the condition ble under subparagraph (C). commercial fishing industry. of fish stocks that are important to the fish- ‘‘(B) SUBCONTRACTING ARRANGEMENTS.—A ‘‘(2) TYPES OF GRANTS.—Under the grant ing industry in such area) jeopardize the contractor described in subparagraph (A) program, the Secretary shall provide— ability of the program to continue providing may subcontract with one or more eligible ‘‘(A) program planning grants under sub- affordable health care coverage. non-profit organizations or companies for section (b) for commercial fishing States and A grant may be made for a qualified health the purpose of conducting activities under organizations within such States; and care coverage program under subparagraph such an implementation or administration ‘‘(B) implementation and administration (A) or (B) regardless of whether or not the grant, if the State approves such subcon- grants under subsection (c) for no more than program was developed with a program plan- tracting arrangements. 15 commercial fishing States. ning grant under subsection (b) or was imple- ‘‘(C) ELIGIBILITY STANDARDS.—The Sec- ‘‘(3) APPLICATION REQUIRED.—No grant may mented under a grant under subparagraph retary shall issue regulations establishing be awarded under this section except pursu- (A), respectively, and regardless of whether eligibility standards for organizations and ant to an application that is made in such the program was developed or initially im- companies under this paragraph. Such stand- form and manner, and containing such infor- plemented before the date of the enactment ards shall include requirements that States mation, as the Secretary may require. of this section. review whether prospective contractors or ‘‘(b) PROGRAM PLANNING GRANTS.— ‘‘(2) ELIGIBILITY REQUIREMENTS.—The Sec- subcontractors under this paragraph— ‘‘(1) IN GENERAL.—Under the grant program retary may not award a grant under this sub- ‘‘(i) have a history of fraudulent or abusive the Secretary may award grants to one or section to a commercial fishing State for im- practices that would disqualify them from more commercial fishing States (or to orga- plementation or administration of a health participating in a contract or subcontract; nizations with a history of active involve- care coverage program unless— ‘‘(ii) have the capability and experience to ment in the commercial fishing industry in ‘‘(A) the State demonstrates that the pro- assist in the management of a qualified such a State, including knowledge of eco- gram— health care coverage program; and nomic and social aspects of such industry), ‘‘(i) is a qualified health care coverage pro- ‘‘(iii) in the case of commercial fishing or- not to exceed $200,000 for each year and for gram and enrolls fishing industry members ganizations, have an appropriate level of fa- no more than two years, to conduct initial and their families if they were uninsured or miliarity with, and knowledge of, the com- research and planning for the development of underinsured; and mercial fishing industry. a qualified health care coverage program in ‘‘(ii) requires Federal funding for its oper- ‘‘(d) DEFINITIONS.—For purposes of this sec- the State. Any grantee under this subsection ation; and tion: shall— ‘‘(B) the State provides assurances satis- ‘‘(1) COMMERCIAL FISHING STATE.—The term ‘‘(A) conduct a demographic survey of the factory to the Secretary that— ‘commercial fishing State’ means a State (as State’s commercial fishing industry and ‘‘(i) if the program is an expansion of an defined in section 2(f)) with a significant such industry’s health care needs; and existing health care coverage program, the commercial fishing population or a signifi- ‘‘(B) develop a strategic plan, including a State will use the grant funding to expand cant commercial fishing industry. The Sec- detailed financial plan, for implementation the enrolled population of uninsured or retary shall accept a State’s self-certifi- of a qualified health care coverage program underinsured commercial fishing industry cation that it is a commercial fishing State within the State. members and their families, or modify cov- if the State demonstrates to the Secretary ‘‘(2) CONSULTATION WITH STATES.—Before erage to comply with qualified health care that— awarding a grant under this subsection to an coverage, under the program and to supple- ‘‘(A) such self-certification is based on con- organization, the Secretary shall consult ment, and not supplant, State provided fund- sultation by the State with local organiza- with States where the organization is lo- ing for such program; or tions familiar with the commercial fishing cated in order to assist in a determination as ‘‘(ii) if the program is a new qualified industry in the State; and to whether the organization— health care coverage program, the State will ‘‘(B) the State has a significant commer- ‘‘(A) has the necessary familiarity with ensure the program’s continued success cial fishing population or a significant com- and knowledge of the commercial fishing in- through the implementation of appropriate mercial fishing industry. dustry in the State to fulfill the purposes of financial and consumer protection regula- ‘‘(2) COMMERCIAL FISHING INDUSTRY MEM- the grant; and tions, controls, licensing, or oversight poli- BER.—The term ‘commercial fishing industry ‘‘(B) has a history of fraudulent or abusive cies, including (as determined by the State) member’ means a fisherman, crewmember, practices that would disqualify the organiza- any of the following: boat owner, captain, shore side business tion from carrying out the grant. ‘‘(I) Protection against insolvency, fraud owner, employee of a company that provides ‘‘(3) ACTIONS FOLLOWING COMPLETION OF and abuse. shore side support, harvester, or other indi- PLANNING GRANTS.—Based on the research ‘‘(II) State-based stop-loss protection. vidual performing commercial fishing indus- findings, financial plan, and other rec- ‘‘(III) Reinsurance. try-related work, if more than half of such ommendations developed by the State or or- ‘‘(IV) Receivership/liquidation protection individual’s income derives from such work ganization under paragraph (1), a State may against insolvency for individuals. at the time the individual enrolls in a quali- submit an application for program imple- ‘‘(V) Another demonstration of State fi- fied health care coverage program. mentation and administration grants under nancial commitment. ‘‘(3) QUALIFIED HEALTH CARE COVERAGE PRO- subsection (c). ‘‘(3) REQUIREMENT OF MATCHING FUNDS.— GRAM.—The term ‘qualified health care cov- ‘‘(c) IMPLEMENTATION AND PROGRAM ADMIN- ‘‘(A) IN GENERAL.—A grant may be made erage program’ means a program that pro- ISTRATION GRANTS.— under this subsection only if the State vides qualified health care coverage to com- ‘‘(1) IN GENERAL.—Under the grant pro- agrees to make available (directly or mercial fishing industry members and their gram, subject to the succeeding provisions of through donations from public or private en- families consistent with the following: this subsection, the Secretary may award tities) non-Federal contributions toward ‘‘(A) Eligibility for enrollment of such the following grants to commercial fishing such costs in an amount that is not less than members and families is only restricted by States: $1 for each $2 of Federal funds provided in capacity, based on a first come, first served ‘‘(A) INITIAL IMPLEMENTATION GRANTS.—A the grant. basis when space is limited, and health sta- grant, not to exceed $2,000,000 for each year ‘‘(B) DETERMINATION OF AMOUNT CONTRIB- tus related factors (as defined in section and for no more than two years, for initial UTED.—Non-Federal contributions required 2702), age, and gender may not be used as a implementation of a qualified health care in subparagraph (A) may be in cash or in basis for determining eligibility. coverage program. kind, fairly evaluated, including plant, ‘‘(B) The program does not include any pre- ‘‘(B) PROGRAM ADMINISTRATION GRANTS.—A equipment, or services. Amounts provided by existing condition exclusion (as defined in grant, not to exceed $3,000,000 for each year the Federal Government, or services assisted section 2701) or any coverage elimination and for no more than five years, for adminis- or subsidized to any significant extent by the rider that permanently excludes from cov- tration of a qualified health care coverage Federal Government, may not be included in erage an existing medical condition. program. determining the amount of such non-Federal ‘‘(C) Premium rates under the program are ‘‘(C) CONTINUED ADMINISTRATION GRANTS.— contributions. computed based on a community rate, and A grant, not to exceed $3,000,000 for each ‘‘(4) CONTRACTING AUTHORITY.— may be adjusted only for income and family year, for continued administration of a ‘‘(A) IN GENERAL.—A commercial fishing size. qualified health care coverage program in a State may enter into a contract with one or ‘‘(4) QUALIFIED HEALTH CARE COVERAGE.— State that has been awarded administration more eligible non-profit organizations or The term ‘qualified health care coverage’

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means coverage that meets any of the fol- men are forced to pay high premiums CLINTON, Mr. COBURN, Mr. COLE- lowing conditions: and deductibles, which can effectively MAN, Ms. COLLINS, Mr. CORNYN, ‘‘(A) FEHBP COVERAGE.—The coverage is put health insurance out of reach. Mr. CRAIG, Mr. DODD, Mrs. actuarially equivalent to the coverage pro- In my State, fishermen face addi- DOLE, Mr. DOMENICI, Mr. DUR- vided under the health benefits plan, under tional complications when looking for chapter 89 of title 5, United States Code, BIN, Mr. ENSIGN, Mr. FEINGOLD, which has the largest enrollment, either in affordable health insurance. A study by Mr. GREGG, Mr. HAGEL, Mr. the United States or in the State involved. the United Fishermen of Alaska found HARKIN, Mrs. HUTCHISON, Mr. ‘‘(B) STATE EMPLOYEES COVERAGE.—The that our fishermen are more likely to INHOFE, Mr. INOUYE, Mr. coverage is actuarially equivalent to the work and live in communities without ISAKSON, Mr. JOHNSON, Mr. KEN- coverage provided under the health benefits a hospital. Also, fewer private insur- NEDY, Mr. KERRY, Ms. plan, that is offered by the State to State ance companies offer individual or KLOBUCHAR, Mr. KOHL, Mr. KYL, government employees, which has the larg- small business medical coverage in Ms. LANDRIEU, Mr. LAUTEN- est enrollment of such plans in the State. Alaska than in other States. And, most BERG EAHY EVIN ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— , Mr. L , Mr. L , There are authorized to be appropriated to fishermen simply cannot afford the Mr. LIEBERMAN, Mrs. LINCOLN, the Secretary for the purpose of carrying out rates charged by these providers. Mr. LUGAR, Mr. MARTINEZ, Mr. this section— That lack of basic health services im- MCCAIN, Mrs. MCCASKILL, Mr. ‘‘(1) $5,000,000 for fiscal year 2009; pacts everyone in our fishing fleet, MENENDEZ, Ms. MIKULSKI, Ms. ‘‘(2) $5,000,000 for fiscal year 2010; from our older fishermen, who may be MURKOWSKI, Mrs. MURRAY, Mr. ‘‘(3) $10,000,000 for fiscal year 2011; most in need of health coverage, to the OBAMA, Mr. PRYOR, Mr. REED, ‘‘(4) $10,000,000 for fiscal year 2012; and younger generation of fishermen, who Mr. ROBERTS, Mr. SALAZAR, Mr. ‘‘(5) $20,000,000 for fiscal year 2013.’’. find the lack of affordable healthcare a SANDERS, Mr. SCHUMER, Mr. Mr. STEVENS. Mr. President, I come barrier to entering the profession. SMITH, Ms. SNOWE, Mr. SPEC- to the floor to support the Commercial As one fisherman from Juneau put it: TER, Ms. STABENOW, Mr. STE- Fishing Industry Healthcare Coverage I’ve applied with two different major VENS, Mr. SUNUNU, Mr. Act of 2008. My good friend Senator health insurance providers, and both have VOINOVICH, and Mr. declined me coverage because of my occupa- KENNEDY and I, along with Senators WHITEHOUSE): KERRY and MURKOWSKI, are introducing tion . . . living and working without health S. 2631. A bill to award a congres- insurance is like living on borrowed time. I this bill to improve healthcare options sional gold medal to Daw Aung San for our Nation’s fishermen and fishing constantly feel I am pushing my luck, and a single illness or injury could mean bank- Suu Kyi in recognition of her coura- families. ruptcy for me. geous and unwavering commitment to Few things are more Alaskan than With the high cost of individual peace, nonviolence, human rights, and fishing. Long before Alaska was even a health insurance and the lack of prox- democracy in Burma; to the Com- U.S territory, our people were fishing imity to healthcare facilities in Alaska mittee on Banking, Housing, and for their livelihood. The first Alaskans, families are less likely to seek preven- Urban Affairs. Alaska Natives depended on subsist- Mrs. FEINSTEIN. Mr. President, I tive care, resulting in medical emer- ence fishing, as many do today. Rus- rise today with my good friend and col- gencies that could have been avoided. sian settlers built salteries to preserve league, Senator MCCONNELL, to intro- When uninsured fishermen end up in their catch through our long, harsh duce the Aung San Suu Kyi Congres- emergency rooms with serious diseases winters. In the 1800s, the first canneries sional Gold Medal Act of 2008. and injuries, taxpayers often absorb were built in Sitka and Klawock, We are proud to be joined by 73 of our the costs. marking the birth of Alaska’s modern colleagues in sponsoring this measure Our bill is inspired by the successful to award the Congressional Gold Medal commercial fishing industry. fishermen’s healthcare plan adopted by Today, Alaska’s seafood industry is to a woman who has inspired us all Senator KENNEDY’s home State of Mas- the State’s largest private employer with her commitment to nonviolence, sachusetts, which has proven that democracy, human rights, and the rule and a fundamental part of Alaskan cul- health insurance can be made afford- ture. All around our State, from Ketch- of law for the people of Burma. On De- able for fishing families. This legisla- cember 17, 2007, the House voted 400–0 ikan, at the Southern end of the pan- tion will establish a grant program to handle, to Kotzebue, above the Arctic to award Suu Kyi this honor and we help States and fishing organizations urge the Senate to promptly follow Circle, fishermen brave the elements so create and administer group health in- all Americans may enjoy the bounty of suit. surance programs for fishermen and Last September we witnessed the Alaskan waters. Their work is vital to fishing families. largest democratic demonstrations in the economies of numerous commu- Americans are consuming more and Burma in almost 20 years. Tens of nities in our State. more seafood as they discover its great thousands of Burmese citizens took to While Alaskans have fishing in their taste and considerable health benefits. the streets in peaceful demonstrations blood, skyrocketing costs have made it We cannot forget where these fish come to speak out against the country’s op- increasingly difficult for these hard- from. They come from the labor of men pressive military regime, and to cry working men and women to earn a liv- and women working up and down the out for democracy. ing. One of the major challenges our coasts of this country, many struggling I watched these courageous people commercial fishermen face is obtaining to earn a living and preserve a tradi- with a deep sense of admiration and re- affordable healthcare. tion that has spanned generations. spect. The problem is not unique to my This measure would help put afford- Led by respected Buddhist monks, State. Lack of health coverage is a di- able medical care within their reach. I the people of the ‘‘Saffron Revolution’’ lemma for fishermen in other coastal encourage my fellow Senators to sup- called on the military junta to release States. Surveys conducted in different port the bill. all political prisoners, including Nobel parts of the country show fishing fami- Peace Prize Laureate Aung San Suu lies are significantly more likely to be By Mrs. FEINSTEIN (for herself, Kyi, and engage in a true dialogue on uninsured than other Americans. Mr. MCCONNELL, Mr. AKAKA, national reconciliation. Yet, as it had The commercial fishing industry pro- Mr. ALEXANDER, Mr. BARRASSO, in the past, the military junta reduces billions of dollars for the U.S. Mr. BAUCUS, Mr. BAYH, Mr. sponded to the recent peaceful protests economy each year. Despite their con- BENNETT, Mr. BIDEN, Mr. BINGA- with violence and bloodshed. Soldiers tributions, the seasonal and dangerous MAN, Mr. BOND, Mrs. BOXER, Mr. used brutal force to break up the pro- nature of their profession bars many BROWN, Mr. BROWNBACK, Mr. tests, beating and sometimes killing commercial fishermen from obtaining BUNNING, Mr. BURR, Mr. BYRD, innocent civilians. health insurance; most work for them- Ms. CANTWELL, Mr. CARDIN, Mr. No amount of force, however, can selves or for small employers. Fisher- CASEY, Mr. CHAMBLISS, Mrs. crush the spirit of Aung San Suu Kyi

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and her peaceful quest for democracy human rights and fundamental free- MCCONNELL and I introduced the Bur- and human rights. Indeed, she is a doms, and in opposition to injustice mese Freedom and Democracy Act of woman of unrivaled courage. In the and oppression. It is named for the late 2003 which placed a complete ban on face of threats, intimidation, harass- Andrei Sakharov, the Soviet dissident imports from Burma. It allowed that ment, and an assassination attempt, and Nobel Peace Prize winner. ban to be renewed one year at a time she has never wavered from her prin- In 1991, Suu Kyi was awarded the for up to 3 years. It was signed into law ciples and continues to support na- Nobel Peace Prize for her commitment and has been renewed one year at a tional reconciliation for all the people to nonviolence and support for freedom time for each of the past 4 years. of Burma. and democracy for Burma. She was not Last year, the women of the United By introducing this legislation, we allowed to attend the ceremony. In its States Senate came together to form seek not only to honor a remarkable recommendation, the Nobel Committee the Women’s Caucus on Burma to ex- woman who embodies the values and wrote: press our solidarity with Suu Kyi, call standards of the Congressional Gold In the good fight for peace and reconcili- for her immediate release, urge the Medal, but also to raise our voices once ation, we are dependent on persons who set United Nations to pass a binding reso- again in support of her cause which is examples, persons who can symbolize what lution on Burma. At our inaugural our cause: a free and democratic we are seeking and mobilize the best in us. event, we were pleased to be joined by Burma. Aung San Suu Kyi is just such a person. She First Lady Laura Bush who added her By now, her story is well known. unites deep commitment and tenacity with a vision in which the end and the means form own voice to those calling for peace Aung San Suu Kyi was born on June 19, a single unit. Its most important elements and democracy in Burma. Our message 1945, in Rangoon to Aung San, com- are: democracy, respect for human rights, is clear: We will not remain silent, we mander of the Burma Independence reconciliation between groups, non-violence, will not stand still until Aung San Suu Army, and Ma Khin Kyi. In August and personal and collective discipline. Kyi and all political prisoners are re- 1988, Suu Kyi, in her first political ac- Suu Kyi donated her $1.3 million in leased and democratic government is tion, sent an open letter to the mili- prize money to establish a health and restored in Burma. tary-controlled government, asking for education fund for Burma. She is the This legislation is but one small step free, open and multi-party elections. world’s only imprisoned Nobel Peace on the path to that goal. I remain The following month, she founded the Prize recipient. hopeful that the military regime will National League for Democracy, which In 2000, Suu Kyi was awarded the heed the will of its people and the remains dedicated to a policy of non- Presidential Medal of Freedom, the Na- international community and we will violence and civil disobedience. Suu tion’s highest civilian award, by Presi- be able to present Aung San Suu Kyi Kyi was named its general-secretary. dent Bill Clinton. with this honor in person. Recognizing the threat Suu Kyi post- Last year, 45 U.S. Senators signed a I urge my colleagues to support this ed to their grip on power, the Burmese letter to United Nations Secretary legislation. junta had her placed under house ar- General Ban ki-Moon urging him to get Mr. President, I ask unanimous con- rest and held without charges or trial. personally involved in pressing for Suu sent that the text of the bill be printed Yet, despite the best efforts of the mili- Kyi’s release. in the RECORD. tary junta to suppress the growing In letter addressed to the State There being no objection, the text of democratic movement, in 1990 the Na- Peace and Development Council, a dis- the bill was ordered to be printed in tional League for Democracy won 82 tinguished group of 59 former heads of the RECORD, as follows: percent of the seats in parliamentary state—including former Filipino presi- S. 2631 elections. But the junta annulled the dent Corazon Aquino, former Czech Be it enacted by the Senate and House of Rep- election results and refused to release president Vaclav Havel, former British resentatives of the United States of America in Suu Kyi. prime minister John Major and former Congress assembled, Since then, the Burmese regime— Presidents Bill Clinton, Jimmy Carter, SECTION 1. FINDINGS. now called the State Peace and Devel- and George H.W. Bush—called for the The Congress finds as follows: opment Council—has refused to engage (1) Aung San Suu Kyi was born on June 19, regime to release Aung San Suu Kyi. 1945, in Rangoon, Burma, to Aung San, com- in a national dialogue with Suu Kyi They correctly noted that ‘‘Aung San mander of the Burma Independence Army, and the democratic opposition, and in- Suu Kyi is not calling for revolution in and Ma Khin Kyi. tensified its campaign of oppression Burma, but rather peaceful, nonviolent (2) On August 15, 1988, Ms. Suu Kyi, in her and abuse. In 2003, pro-government dialogue between the military, Na- first political action, sent an open letter to thugs attempted to assassinate Su Kyi tional League for Democracy, and Bur- the military controlled government asking and other members of the National ma’s ethnic groups.’’ for free, open, and multi-party elections. League for Democracy as they rode in It is only fitting, that Congress join (3) On September 24, 1988, the National a motorcade in the northern city of this international chorus in support of League for Democracy (NLD) was formed, with Ms. Suu Kyi as the general-secretary, Depayin. Aung San Suu Kyi and award her the and it was, and remains, dedicated to a pol- Last May, the military junta re- Congressional Gold Medal. icy of non-violence and civil disobedience. newed her house arrest for another As a U.S. Senator, I have worked (4) Ms. Suu Kyi was subsequently placed year. In fact, for most of the past 18 hard to raise awareness about the situ- under house arrest, where she remained for years, she has remained imprisoned or ation in Burma and pass legislation to the next 6 years—without being charged or under house arrest, alone without put pressure on the military junta to put on trial—and has been imprisoned twice minimal contact with the outside release Suu Kyi and begin a true dia- more; she currently remains under house ar- world. logue on national reconciliation. In rest. (5) Despite her detention, the National Yet, as in 1990, the regime has once 1997, former Senator Bill Cohen and I League for Democracy won an open election again failed to stamp out Suu Kyi’s authored legislation requiring the with an overwhelming 82 percent of the message of democracy, human rights, President to ban new U.S. investment vote—which the military junta nullified. non-violence and the rule of law. She in Burma if he determined that the (6) While under house arrest, she has brave- continues to inspire not only the peo- Government of Burma had physically ly refused offers to leave the country to con- ple of Burma but the entire world. In- harmed, rearrested or exiled Aung San tinue to promote freedom and democracy in deed, Suu Kyi’s commitment to free- Suu Kyi or committed large-scale re- Burma. dom and democracy has been widely pression or violence against the Demo- (7) For her efforts on behalf of the Burmese people, she has been awarded the Sakharov recognized. cratic opposition. President Clinton Prize for Freedom of Thought in 1990, the In 1990, Suu Kyi was awarded the issued the Executive Order in 1997 and Presidential Medal of Freedom in 2000, and Sakharov Prize for Freedom of the ban remains on the books today. the Nobel Peace Prize in 1991. Thought by the European Parliament. In 2003, after the regime attempted to (8) Ms. Suu Kyi continues to fight on be- The prize honors efforts on behalf of assassinate Aung San Suu Kyi, Senator half of the Burmese people, even donating

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Modifications on use of qualified (9) She is the world’s only imprisoned Under the Sex Offender Registration and Notification Act, SORNA, passed mortgage bonds; temporary in- Nobel Peace Prize recipient, spending more creased volume cap for certain than 12 of the past 17 years under house ar- as part of the Adam Walsh Child Pro- housing bonds. rest. tection and Safety Act of 2006, sex of- TITLE II—EMERGENCY ASSISTANCE FOR (10) Despite an assassination attempt fenders are required to register with THE REDEVELOPMENT OF ABANDONED against her life, her prolonged illegal impris- local authorities and notify those au- AND FORECLOSED HOMES onment, the constant public vilification of thorities when they move or change Sec. 201. Emergency assistance for the rede- her character, and her inability to see her jobs. However, judges in Michigan and children or to see her husband before his velopment of abandoned and death, Ms. Suu Kyi remains committed to Pennsylvania have freed sex offenders foreclosed homes. peaceful dialogue with her captors, Burma’s arrested for failing to register because TITLE III—HOUSING COUNSELING military regime, and Burma’s ethnic nation- of doubts over whether the statute ap- RESOURCES alities towards bringing democracy, human plies to sex offenses committed prior to Sec. 301. Housing counseling resources. rights, and national reconciliation to Burma. SORNA’s implementation. A Missouri TITLE IV—HELPING FAMILIES SAVE SEC. 2. CONGRESSIONAL GOLD MEDAL. judge freed a noncomplying sex of- THEIR HOME IN BANKRUPTCY ACT (a) PRESENTATION AUTHORIZED.—The fender questioning whether provisions Sec. 401. Short title. Speaker of the House of Representatives and extending Federal jurisdiction oper- Subtitle A—Minimizing Foreclosures the President Pro Tempore of the Senate ated retroactively. shall make appropriate arrangements for the Sec. 411. Special rules for modification of presentation, on behalf of the Congress, of a In the Missouri case, a Federal judge loans secured by residences. gold medal of appropriate design, to Daw released convicted sex-offender Terry Sec. 412. Waiver of counseling requirement Aung San Suu Kyi in recognition of her cou- L. Rich after his arrest for failure to when homes are in foreclosure. rageous and unwavering commitment to register as a sex offender upon moving Subtitle B—Providing Other Debtor peace, nonviolence, human rights, and de- to Kansas City 20 months ago. Mr. Rich Protections mocracy in Burma. arrived after a prison stint in Iowa for (b) DESIGN AND STRIKING.—For purposes of Sec. 421. Combating excessive fees. the presentation referred to in subsection failing to register there based on his Sec. 422. Maintaining debtors’ legal claims. (a), the Secretary of the Treasury (referred previous convictions for felony sexual Sec. 423. Resolving disputes. to in this Act as the ‘‘Secretary’’) shall abuse of a child, kidnaping, indecency, Sec. 424. Enacting a homestead floor for strike a gold medal with suitable emblems, child molestation and felony sexual debtors over 55 years of age. devices, and inscriptions to be determined by Sec. 425. Disallowing claims from violations battery of a young girl. SORNA ex- of consumer protection laws. the Secretary. tends Federal jurisdiction to State sex SEC. 3. DUPLICATE MEDALS. TITLE V—MORTGAGE DISCLOSURE offenders by applying to those who IMPROVEMENT ACT The Secretary may strike and sell dupli- ‘‘travel’’ in interstate commerce, and Sec. 501. Short title. cates in bronze of the gold medal struck pur- Mr. Rich seemed to qualify by moving suant to section 2 under such regulations as Sec. 502. Enhanced mortgage loan disclo- the Secretary may prescribe, at a price suffi- from Iowa to Missouri in March 2006. sures. cient to cover the cost thereof, including However, the judge ruled that since Mr. TITLE VI—INCENTIVES FOR BUSINESS labor, materials, dies, use of machinery, and Rich ‘‘traveled’’ prior to SORNA’s en- Sec. 601. Carryback of certain net operating overhead expenses, and the cost of the gold actment in July 2006, he was not cov- losses allowed for 5 years; tem- medal. ered by the law’s present tense ‘‘trav- porary suspension of 90 percent SEC. 4. STATUS OF MEDALS. el’’ requirement. AMT limit. (a) NATIONAL MEDALS.—The medals struck The Pennsylvania court freed persons pursuant to this Act are national medals for TITLE I—MODIFICATIONS ON USE OF purposes of chapter 51 of title 31, United hiding convictions of sexual assault, QUALIFIED MORTGAGE BONDS States Code. rape, statutory rape, indecent assault SEC. 101. MODIFICATIONS ON USE OF QUALIFIED (b) NUMISMATIC ITEMS.—For purposes of and corruption of the morals of a 6- MORTGAGE BONDS; TEMPORARY IN- sections 5134 and 5136 of title 31, United year-old girl. The Michigan court freed CREASED VOLUME CAP FOR CER- TAIN HOUSING BONDS. States Code, all medals struck under this a sex offender who failed to register (a) USE OF QUALIFIED MORTGAGE BONDS Act shall be considered to be numismatic after convictions of first-degree rape items. PROCEEDS FOR SUBPRIME REFINANCING and sodomy. LOANS.—Section 143(k) of the Internal Rev- SEC. 5. AUTHORITY TO USE FUND AMOUNTS; enue Code of 1986 (relating to other defini- PROCEEDS OF SALE. The bill I propose closes the loop- tions and special rules) is amended by adding (a) AUTHORITY TO USE FUND AMOUNTS.— holes cited by the Missouri, Michigan, at the end the following new paragraph: There is authorized to be charged against the and Pennsylvania courts to ensure that ‘‘(12) SPECIAL RULES FOR SUBPRIME United States Mint Public Enterprise Fund SORNA’s registration requirement ap- REFINANCINGS.— such amounts as may be necessary to pay for plies to sex offenders irrespective of ‘‘(A) IN GENERAL.—Notwithstanding the re- the costs of the medals struck pursuant to the date of their offense or date of quirements of subsection (i)(1), the proceeds this Act. interstate travel. These are simple of a qualified mortgage issue may be used to (b) PROCEEDS OF SALE.—Amounts received from the sale of duplicate bronze medals au- fixes to the code, but vital to ensure refinance a mortgage on a residence which thorized under section 3 shall be deposited that no more convicted sex offenders was originally financed by the mortgagor into the United States Mint Public Enter- can hide in our neighborhoods. through a qualified subprime loan. PECIAL RULES.—In applying this prise Fund. ‘‘(B) S paragraph to any case in which the proceeds By Mr. REID: By Mr. BOND: of a qualified mortgage issue are used for S. 2632. A bill to ensure that the Sex S. 2636. A bill to provide needed hous- any refinancing described in subparagraph ing reform; read the first time. (A)— Offender Registration and Notification ‘‘(i) subsection (a)(2)(D)(i) shall be applied Act is applied retroactively; to the S. 2636 by substituting ‘12-month period’ for ‘42- Committee on the Judiciary. Be it enacted by the Senate and House of Rep- month period’ each place it appears, Mr. BOND. Mr. President, today, I in- resentatives of the United States of America in ‘‘(ii) subsection (d) (relating to 3-year re- troduce legislation to close a series of Congress assembled, quirement) shall not apply, and statutory loopholes setting free con- ‘‘(iii) subsection (e) (relating to purchase victed sex offenders who failed to reg- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. price requirement) shall be applied by using ister and notify their communities of (a) SHORT TITLE.—This Act may be cited as the market value of the residence at the the ‘‘Foreclosure Prevention Act of 2008’’. time of refinancing in lieu of the acquisition their status as required by Federal law. cost. (b) TABLE OF CONTENTS.—The table of con- I was outraged recently to learn this ‘‘(C) QUALIFIED SUBPRIME LOAN.—The term tents for this Act is as follows: was going on and I am sure you will ‘qualified subprime loan’ means an adjust- agree that we must end this injustice. Sec. 1. Short title; table of contents. able rate single-family residential mortgage

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2070 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 loan originated after December 31, 2001, and TITLE II—EMERGENCY ASSISTANCE FOR opment Banking and Financial Institutions before January 1, 2008, that the bond issuer THE REDEVELOPMENT OF ABANDONED Act of 1994 (12 U.S.C. 4702(5))), national inter- determines would be reasonably likely to AND FORECLOSED HOMES mediaries, and nonprofit housing or commu- cause financial hardship to the borrower if SEC. 201. EMERGENCY ASSISTANCE FOR THE RE- nity development organizations and others not refinanced. DEVELOPMENT OF ABANDONED AND to purchase and rehabilitate homes that ‘‘(D) TERMINATION.—This paragraph shall FORECLOSED HOMES. have been abandoned or foreclosed upon, in not apply to any bonds issued after Decem- (a) DIRECT APPROPRIATIONS.—There shall order to sell, rent, or redevelop such homes; ber 31, 2010.’’. be appropriated out of any money in the (ii) establish financing mechanisms for re- (b) INCREASED VOLUME CAP FOR CERTAIN Treasury not otherwise appropriated for the development of foreclosed upon homes, in- BONDS.— fiscal year 2008, $4,000,000,000, to remain cluding such mechanisms as soft-seconds, (1) IN GENERAL.—Subsection (d) of section available until expended, for assistance to loan loss reserves, and shared-equity loans 146 of the Internal Revenue Code of 1986 is States and units of general local government for low- and moderate-income homebuyers; amended by adding at the end the following (as such terms are defined in section 102 of (iii) purchase and rehabilitate homes that new paragraph: the Housing and Community Development have been abandoned or foreclosed upon, in ‘‘(5) INCREASE AND SET ASIDE FOR HOUSING Act of 1974 (42 U.S.C. 5302)) for the redevelop- order to sell, rent, or redevelop such homes; BONDS FOR 2008.— ment of abandoned and foreclosed homes. (iv) establish land banks for homes that ‘‘(A) INCREASE FOR 2008.—In the case of cal- (b) ALLOCATION OF APPROPRIATED have been foreclosed upon; and endar year 2008, the State ceiling for each AMOUNTS.— (v) demolish blighted structures. State shall be increased by an amount equal (1) IN GENERAL.—The amounts appropriated (B) LIMITATION.—Any funds used under this to $10,000,000,000 multiplied by a fraction— or otherwise made available to States and section for the purchase of an abandoned or ‘‘(i) the numerator of which is the popu- units of general local government under this foreclosed upon home shall be at a cost equal lation of such State (as reported in the most section shall be allocated based on a funding to or less than the appraised value of the recent decennial census), and formula established by the Secretary of home based on the most up-to-date ap- ‘‘(ii) the denominator of which is the total Housing and Urban Development. praisal, as such appraisal is defined by the population of all States (as reported in the (2) FORMULA TO BE DEVISED SWIFTLY.—The Secretary. most recent decennial census). funding formula required under paragraph (1) (d) RULE OF CONSTRUCTION.—Amounts ap- ‘‘(B) SET ASIDE.— shall be established not later than 60 days propriated or otherwise made available to ‘‘(i) IN GENERAL.—Any amount of the State after the date of enactment of this title. States and units of general local government ceiling for any State which is attributable to (3) CRITERIA.—The funding formula re- under this section shall be treated as though an increase under this paragraph shall be al- quired under paragraph (1) shall ensure that such funds were community development located solely for one or more qualified pur- any amounts appropriated or otherwise made block grant funds under title I of the Hous- poses. available under this section are allocated to ing and Community Development Act of 1974. ‘‘(ii) QUALIFIED PURPOSE.—For purposes of States and units of general local government (e) WAIVER AUTHORITY.— this paragraph, the term ‘qualified purpose’ with the greatest need, as such need is deter- (1) IN GENERAL.—In administering any means— mined in the discretion of the Secretary amounts appropriated or otherwise made ‘‘(I) the issuance of exempt facility bonds based on the following factors: available under this section, the Secretary of used solely to provide qualified residential (A) The number and percentage of home Housing and Urban Development may waive, rental projects, or foreclosures in each State or unit of general or specify alternative requirements for, any ‘‘(II) a qualified mortgage issue (deter- local government. provision of any statute or regulation that mined by substituting ‘12-month period’ for (B) The number and percentage of homes the Secretary administers in connection ‘42-month period’ each place it appears in financed by a subprime mortgage related with the obligation by the Secretary or the section 143(a)(2)(D)(i)).’’. loan in each State or unit of general local use by the recipient of such funds (except for (2) CARRYFORWARD OF UNUSED LIMITA- government. requirements related to fair housing, non- TIONS.—Subsection (f) of section 146 of such (C) The number and percentage of homes in discrimination, labor standards, and the en- Code is amended by adding at the end the default or delinquency in each State or unit vironment), in order to expedite or facilitate following new paragraph: of general local government. the use of such funds. ‘‘(6) SPECIAL RULES FOR INCREASED VOLUME (4) DISTRIBUTION.—Amounts appropriated (2) LOW AND MODERATE INCOME REQUIRE- CAP UNDER SUBSECTION (d)(5).— or otherwise made available to States and MENT.—Notwithstanding the authority of the ‘‘(A) IN GENERAL.—No amount which is at- units of general local government under this Secretary under paragraph (1), all of the tributable to the increase under subsection section shall be distributed according to the funds appropriated or otherwise made avail- (d)(5) may be used— funding formula required under paragraph (1) able under this section shall be used with re- ‘‘(i) for a carryforward purpose other than not later than 30 days after the establish- spect to persons whose income does not ex- a qualified purpose (as defined in subsection ment of such formula. ceed 120 percent of area median income. (d)(5)), and (c) USE OF FUNDS.— (f) EMERGENCY DESIGNATION.—The amounts ‘‘(ii) to issue any bond after calendar year (1) IN GENERAL.—Any State or unit of gen- appropriated under this title are designated 2010. eral local government that receives amounts as an emergency requirement and necessary ‘‘(B) ORDERING RULES.—For purposes of pursuant to this section shall, not later than to meet emergency needs pursuant to section subparagraph (A), any carryforward of an 18 months after the receipt of such amounts, 204 of S. Con. Res. 21 (110th Congress), the issuing authority’s volume cap for calendar use such amounts to redevelop abandoned concurrent resolution on the budget for fis- year 2008 shall be treated as attributable to and foreclosed homes. cal year 2008. (2) PRIORITY.—Any State or unit of general such increase to the extent of such in- TITLE III—HOUSING COUNSELING crease.’’. local government that receives amounts pursuant to this section shall in distributing RESOURCES (c) ALTERNATIVE MINIMUM TAX.— such amounts give priority emphasis and SEC. 301. HOUSING COUNSELING RESOURCES. (1) IN GENERAL.—Clause (ii) of section consideration to those metropolitan areas, There shall be appropriated out of any 57(a)(5)(C) of the Internal Revenue Code of metropolitan cities, urban areas, rural areas, money in the Treasury not otherwise appro- 1986 is amended by striking ‘‘shall not in- low- and moderate-income areas, and other priated, for an additional amount for the clude’’ and all that follows and inserting areas with the greatest need, including ‘‘Neighborhood Reinvestment Corporation— ‘‘shall not include— those— Payment to the Neighborhood Reinvestment ‘‘(I) any qualified 501(c)(3) bond (as defined (A) with the greatest percentage of home Corporation’’ $200,000,000,000, to remain in section 145), or foreclosures; available until September 30, 2008, for fore- ‘‘(II) any qualified mortgage bond (as de- (B) with the highest percentage of homes closure mitigation activities under the fined in section 143(a)) or qualified veterans’ financed by a subprime mortgage related terms and conditions contained in the second mortgage bond (as defined in section 143(b)) loan; or paragraph under the heading ‘‘Neighborhood issued after the date of the enactment of this (C) identified by the State or unit of gen- Reinvestment Corporation—Payment to the subclause and before January 1, 2011.’’. eral local government as likely to face a sig- Neighborhood Reinvestment Corporation’’ of (2) CONFORMING AMENDMENT.—The heading nificant rise in the rate of home foreclosures. Public Law 110-161. for section 57(a)(5)(C)(ii) is amended by strik- (3) ELIGIBLE USES.— TITLE IV—HELPING FAMILIES SAVE ing ‘‘QUALIFIED 501(c)(3) BONDS’’ and inserting (A) IN GENERAL.—Amounts made available THEIR HOME IN BANKRUPTCY ACT ‘‘CERTAIN BONDS’’. under this section may be used to— (d) EFFECTIVE DATE.—The amendments (i) make grants, loans, and other financing SEC. 401. SHORT TITLE. made by this section shall apply to bonds mechanisms to community development fi- This title may be cited as the ‘‘Helping issued after the date of the enactment of this nancial institutions (as such term is defined Families Save Their Homes in Bankruptcy title. under section 103(5) of the Community Devel- Act of 2008’’.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2071 Subtitle A—Minimizing Foreclosures ‘‘(4) the failure of a party to give notice de- that was in force when the noncompliance SEC. 411. SPECIAL RULES FOR MODIFICATION OF scribed in paragraph (3) shall be deemed a took place, notwithstanding the prior entry LOANS SECURED BY RESIDENCES. waiver of any claim for fees, costs, or of a foreclosure judgment.’’. (a) IN GENERAL.—Section 1322(b) of title 11, charges described in paragraph (3) for all TITLE V—MORTGAGE DISCLOSURE United States Code, is amended— purposes, and any attempt to collect such IMPROVEMENT ACT (1) in paragraph (10), by striking ‘‘and’’ at fees, costs, or charges shall constitute a vio- SEC. 501. SHORT TITLE. the end; lation of section 524(a)(2) of this title or, if This title may be cited as the ‘‘Mortgage (2) by redesignating paragraph (11) as para- the violation occurs before the date of dis- Disclosure Improvement Act of 2008’’. graph (12); and charge, of section 362(a) of this title; and SEC. 502. ENHANCED MORTGAGE LOAN DISCLO- (3) by inserting after paragraph (10) the fol- ‘‘(5) a plan may provide for the waiver of SURES. lowing: any prepayment penalty on a claim secured (a) TRUTH IN LENDING ACT DISCLOSURES.— ‘‘(11) notwithstanding paragraph (2) and by the principal residence of the debtor.’’. Section 128(b)(2) of the Truth in Lending Act otherwise applicable nonbankruptcy law— SEC. 422. MAINTAINING DEBTORS’ LEGAL (15 U.S.C. 1638(b)(2)) is amended— ‘‘(A) modify an allowed secured claim se- CLAIMS. (1) by inserting ‘‘(A)’’ before ‘‘In the’’; cured by the debtor’s principal residence, as Section 554(e) of title 11, United States (2) by striking ‘‘a residential mortgage described in subparagraph (B), if, after de- Code, is amended by adding at the end the transaction, as defined in section 103(w)’’ and duction from the debtor’s current monthly following: inserting ‘‘any extension of credit that is se- income of the expenses permitted for debtors ‘‘(e) In any action in State or Federal cured by the dwelling of a consumer’’; described in section 1325(b)(3) of this title court with respect to a claim or defense as- (3) by striking ‘‘shall be made in accord- (other than amounts contractually due to serted by an individual debtor in such action ance’’ and all that follows through ‘‘ex- creditors holding such allowed secured that was not scheduled under section tended, or’’; claims and additional payments necessary to 521(a)(1) of this title, the trustee shall be al- (4) by striking ‘‘If the’’ and all that follows maintain possession of that residence), the lowed a reasonable time to request joinder or through the end of the paragraph and insert- debtor has insufficient remaining income to substitution as the real party in interest. If ing the following: retain possession of the residence by curing the trustee does not request joinder or sub- ‘‘(B) In the case of an extension of credit a default and maintaining payments while stitution in such action, the debtor may pro- that is secured by the dwelling of a con- the case is pending, as provided under para- ceed as the real party in interest, and no sumer, in addition to the other disclosures graph (5); and such action shall be dismissed on the ground required by subsection (a), the disclosures ‘‘(B) provide for payment of such claim— that it is not prosecuted in the name of the provided under this paragraph shall— ‘‘(i) for a period not to exceed 30 years (re- real party in interest or on the ground that ‘‘(i) state in conspicuous type size and for- duced by the period for which the loan has the debtor’s claims were not properly sched- mat, the following: ‘You are not required to been outstanding) from the date of the order uled in a case under this title.’’. complete this agreement merely because you for relief under this chapter; and SEC. 423. RESOLVING DISPUTES. have received these disclosures or signed a ‘‘(ii) at a rate of interest accruing after Section 1334 of title 28, United States Code, loan application.’; and such date calculated at a fixed annual per- is amended by adding at the end the fol- ‘‘(ii) be furnished to the borrower not later centage rate, in an amount equal to the most lowing: ‘‘Notwithstanding any agreement for than 7 business days before the date of con- recently published annual yield on conven- arbitration that is subject to chapter 1 of summation of the transaction, and at the tional mortgages published by the Board of title 9, in any core proceeding under section time of consummation of the transaction, Governors of the Federal Reserve System, as 157(b) of this title involving an individual of the applicable time set forth in the rules subject to subparagraph (D). debtor whose debts are primarily consumer of the Board, plus a reasonable premium for ‘‘(C) In the case of an extension of credit risk; and’’. debts, the court may hear and determine the that is secured by the dwelling of a con- (b) CONFORMING AMENDMENT.—Section proceeding, and enter appropriate orders and sumer, under which the annual rate of inter- 1325(a)(5) of title 11, United States Code, is judgments, in lieu of referral to arbitra- est is variable, or with respect to which the amended by inserting before ‘‘with respect’’ tion.’’. regular payments may otherwise be variable, the following: ‘‘except as otherwise provided SEC. 424. ENACTING A HOMESTEAD FLOOR FOR in addition to the other disclosures required in section 1322(b)(11) of this title,’’. DEBTORS OVER 55 YEARS OF AGE. by subsection (a), the disclosures provided SEC. 412. WAIVER OF COUNSELING REQUIRE- (a) IN GENERAL.—Section 522(b)(3) of title under this paragraph shall— MENT WHEN HOMES ARE IN FORE- 11, United States Code, is amended— ‘‘(i) label the payment schedule as follows: CLOSURE. (1) in subparagraph (B), by striking ‘‘and’’ ‘Payment Schedule: Payments Will Vary Section 109(h) of title 11, United States at the end; Based on Interest Rate Changes’; and Code, is amended by adding at the end the (2) in subparagraph (C), by striking the pe- ‘‘(ii) state the maximum amount of the following: riod at the end and inserting ‘‘; and’’; and regular required payments on the loan, based ‘‘(5) Paragraph (1) shall not apply with re- (3) by adding at the end and inserting the on the maximum interest rate allowed, in- spect to a debtor who files with the court a following: troduced with the following language in con- certification that a foreclosure sale of the ‘‘(D) if the debtor, as of the date of the fil- spicuous type size and format: ‘Your pay- debtor’s principal residence has been sched- ing of the petition, is 55 years old or older, ment can go as high as lll’, the blank to uled.’’. the debtor’s aggregate interest, not to ex- be filled in with the maximum possible pay- Subtitle B—Providing Other Debtor ceed $75,000 in value, in real property or per- ment amount. Protections sonal property that the debtor or a depend- ‘‘(D) In any case in which the disclosure SEC. 421. COMBATING EXCESSIVE FEES. ent of the debtor uses as a principal resi- statement provided 7 business days before Section 1322(c) of title 11, the United dence, or in a cooperative that owns prop- the date of consummation of the transaction States Code, is amended— erty that the debtor or a dependent of the contains an annual percentage rate of inter- (1) in paragraph (1), by striking ‘‘and’’ at debtor uses as a principal residence.’’. est that is no longer accurate, as determined the end; (b) EXEMPTION AUTHORITY.—Section under section 107(c), the creditor shall fur- (2) in paragraph (2), by striking the period 522(d)(1) of title 11, United States Code, is nish an additional, corrected statement to at the end and inserting ‘‘; and’’; and amended by inserting ‘‘or, if the debtor is 55 the borrower, not later than 3 business days (3) by adding at the end the following: years of age or older, $75,000 in value,’’ before before the date of consummation of the ‘‘(3) to the extent that an allowed secured ‘‘in real property’’. transaction.’’. claim is secured by the debtor’s principal SEC. 425. DISALLOWING CLAIMS FROM VIOLA- (b) CIVIL LIABILITY.—Section 130(a) of the residence, the value of which is greater than TIONS OF CONSUMER PROTECTION Truth in Lending Act (15 U.S.C. 1640(a)) is the amount of such claim, fees, costs, or LAWS. amended— charges arising during the pendency of the Section 502(b) of title 11, United States (1) in paragraph (2)(A)(iii), by striking ‘‘not case may be added to secured debt provided Code, is amended— less than $200 or greater than $2,000’’ and infor by the plan only if— (1) in paragraph (8), by striking ‘‘or’’ at the serting ‘‘$5,000, such amount to be adjusted ‘‘(A) notice of such fees, costs or charges is end; annually based on the consumer price index, filed with the court before the expiration of (2) in paragraph (9), by striking the period to maintain current value’’; and the earlier of— at the end and inserting ‘‘; or’’; and (2) in the penultimate sentence of the un- ‘‘(i) 1 year after the time at which they are (3) by adding at the end the following: designated matter following paragraph (4)— incurred; or ‘‘(10) the claim is subject to any remedy for (A) by striking ‘‘only for’’ and inserting ‘‘(ii) 60 days before the conclusion of the damages or rescission due to failure to com- ‘‘for’’; case; and ply with any applicable requirement under (B) by striking ‘‘section 125 or’’ and insert- ‘‘(B) such fees, costs, or charges are lawful, the Truth in Lending Act (15 U.S.C. 1601 et ing ‘‘section 122, section 125,’’; reasonable, and provided for in the under- seq.), or any other provision of applicable (C) by inserting ‘‘or section 128(b),’’after lying contract; State or Federal consumer protection law ‘‘128(a),’’; and

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2072 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 (D) by inserting ‘‘or section 128(b)’’ before section) be treated as timely made if made The national day celebrates the history the period. before November 1, 2008. of cowboys in America and recognizes TITLE VI—INCENTIVES FOR BUSINESS (2) SUBSECTION (b).—The amendments made the important work today’s cowboys by subsection (b) shall apply to taxable years SEC. 601. CARRYBACK OF CERTAIN NET OPER- are doing in the United States. The ending after December 31, 1995. ATING LOSSES ALLOWED FOR 5 cowboy spirit is about honesty, integ- YEARS; TEMPORARY SUSPENSION OF f 90 PERCENT AMT LIMIT. rity, courage, and patriotism, and cow- (a) IN GENERAL.—Subparagraph (H) of sec- SUBMITTED RESOLUTIONS boys are models of strong character, tion 172(b)(1) of the Internal Revenue Code of sound family values, and good common 1986 is amended to read as follows: sense. ‘‘(H) 5-YEAR CARRYBACK OF CERTAIN SENATE RESOLUTION 450—DESIG- Cowboys were some of the first men LOSSES.— NATING JULY 26, 2008, AS ‘‘NA- and women to settle in the American ‘‘(i) TAXABLE YEARS ENDING DURING 2001 AND TIONAL DAY OF THE COWBOY’’ West, and they continue to make im- 2002.—In the case of a net operating loss for portant contributions to our economy, any taxable year ending during 2001 or 2002, Mr. ENZI (for himself, Mr. BARRASSO, Western culture and my home State of subparagraph (A)(i) shall be applied by sub- Mr. ALLARD, Mr. CRAIG, Mr. CRAPO, Mr. Wyoming today. This year’s resolution stituting ‘5’ for ‘2’ and subparagraph (F) DOMENICI, Mr. DORGAN, Mr. ENSIGN, Mr. designates July 26, 2008, as the Na- shall not apply. BINGAMAN, Mr. INHOFE, Mrs. MURRAY, ‘‘(ii) TAXABLE YEARS BEGINNING OR ENDING tional Day of the Cowboy. I hope my Mr. REID, Mr. SALAZAR, Mr. STEVENS, DURING 2006, 2007, AND 2008.—In the case of a net colleagues will join me in recognizing Mr. MARTINEZ, and Mr. JOHNSON) sub- operating loss with respect to any eligible the important role cowboys play in our mitted the following resolution; which taxpayer (within the meaning of section country and will work with me to pass was referred to the Committee on the 168(k)(1)(B)) for any taxable year beginning this resolution. or ending during 2006, 2007, or 2008— Judiciary: ‘‘(I) subparagraph (A)(i) shall be applied by S. RES. 450 f substituting ‘5’ for ‘2’, Whereas pioneering men and women, rec- ‘‘(II) subparagraph (E)(ii) shall be applied SENATE RESOLUTION 451—HON- ognized as ‘‘cowboys’’, helped establish the by substituting ‘4’ for ‘2’, and ORING THE ACHIEVEMENTS OF American West; ‘‘(III) subparagraph (F) shall not apply.’’. RAWLE AND HENDERSON LLP, Whereas the cowboy embodies honesty, in- (b) TEMPORARY SUSPENSION OF 90 PERCENT ON ITS 225TH ANNIVERSARY AND tegrity, courage, compassion, respect, a LIMIT ON CERTAIN NOL CARRYBACKS AND strong work ethic, and patriotism; ON BEING RECOGNIZED AS THE CARRYOVERS.— Whereas the cowboy spirit exemplifies OLDEST LAW FIRM IN CONTIN- (1) IN GENERAL.—Section 56(d) of the of the strength of character, sound family values, UOUS PRACTICE IN THE UNITED Internal Revenue Code of 1986 is amended by and good common sense; adding at the end the following new para- STATES Whereas the cowboy archetype transcends graph: Mr. SPECTER (for himself and Mr. ethnicity, gender, geographic boundaries, ‘‘(3) ADDITIONAL ADJUSTMENTS.—For pur- and political affiliations; CASEY) submitted the following resolu- poses of paragraph (1)(A), in the case of an Whereas the cowboy is an excellent stew- tion; which was referred to the Com- eligible taxpayer (within the meaning of sec- ard of the land and its creatures, who lives mittee on the Judiciary. tion 168(k)(1)(B)), the amount described in off of the land and works to protect and en- clause (I) of paragraph (1)(A)(ii) shall be in- S. RES. 451 hance the environment; creased by the amount of the net operating Whereas the law firm of Rawle and Hender- Whereas cowboy traditions have been a loss deduction allowable for the taxable year son LLP has established and maintained a part of American culture for generations; under section 172 attributable to the sum firm of national distinction whose reputa- Whereas the cowboy continues to be an im- of— tion is based upon the notable accomplish- portant part of the economy through the ‘‘(A) carrybacks of net operating losses ments of its founders and its commitment to work of approximately 727,000 ranchers in all from taxable years beginning or ending dur- providing quality legal services to its cli- 50 of the United States that contribute to ing 2006, 2007, and 2008, and ents; the economic well-being of nearly every ‘‘(B) carryovers of net operating losses to Whereas Rawle and Henderson LLP cele- county in the Nation; taxable years beginning or ending during brates 225 years of legal service in 2008, initi- Whereas annual attendance at professional 2006, 2007, or 2008.’’. ated by 5 generations of a family and ex- and working ranch rodeo events exceeds (2) CONFORMING AMENDMENT.—Subclause (I) panded to over 100 attorneys in 8 offices and 27,000,000 fans and rodeo is the 7th most- of section 56(d)(1)(A)(i) of such Code is 5 states; watched sport in the Nation; amended by inserting ‘‘amount of such’’ be- Whereas Rawle and Henderson attorneys Whereas membership and participation in fore ‘‘deduction described in clause (ii)(I)’’. throughout the last 225 years have served rodeo and other organizations that promote (c) ANTI-ABUSE RULES.—The Secretary of both the civic and legal community in the Treasury or the Secretary’s designee shall and encompass the livelihood of a cowboy capacity of elected officials, as well as ap- prescribes such rules as are necessary to pre- span every generation and transcend race pointed and elected judges on the Federal vent the abuse of the purposes of the amend- and gender; and State benches; ments made by this section, including anti- Whereas the cowboy is a central figure in Whereas William Rawle, who founded his stuffing rules, anti-churning rules (including literature, film, and music and occupies a practice in Philadelphia in 1783, was inspired rules relating to sale-leasebacks), and rules central place in the public imagination; by the innovation of the Revolutionary era similar to the rules under section 1091 of the Whereas the cowboy is an American icon; and his notable contemporaries, such as Ben- Internal Revenue Code of 1986 relating to and jamin Franklin; losses from wash sales. Whereas the ongoing contributions made Whereas William Rawle actively partici- by cowboys and cowgirls to their commu- (d) EFFECTIVE DATES.— pated in the ideological revolution as well, nities should be recognized and encouraged: (1) SUBSECTION (a).— serving as chancellor of the Associated Mem- Now, therefore, be it (A) IN GENERAL.—Except as provided in bers of the Bar of Philadelphia, and was subparagraph (B), the amendments made by Resolved, That the Senate— elected to the American Philosophical Soci- subsection (a) shall apply to net operating (1) designates July 26, 2008, as ‘‘National ety and helped found the Pennsylvania Acad- losses arising in taxable years beginning or Day of the Cowboy’’; and emy of Fine Arts; ending in 2006, 2007, or 2008. (2) encourages the people of the United Whereas William Rawle was made a Trust- States to observe the day with appropriate (B) ELECTION.—In the case of an eligible ee by the University of Pennsylvania in 1796, taxpayer (within the meaning of section ceremonies and activities. a position he served with ‘‘zeal and punc- 168(k)(1)(B) of the Internal Revenue Code of Mr. ENZI. Mr. President, I am proud tuality’’; 1986) with a net operating loss for a taxable to introduce a resolution today hon- Whereas William Rawle’s son, William year beginning or ending during 2006 or oring the men and women known as Rawle, Jr., joined the office in 1810, along 2007— ‘‘cowboys.’’ My late colleague, Senator with his brother William Henry, who eventu- (i) any election made under section Craig Thomas began the tradition of ally assumed his father’s position in the 172(b)(3) of the Internal Revenue Code of 1986 firm; may (notwithstanding such section) be re- introducing a Senate resolution desig- Whereas William Henry Rawle received his voked before November 1, 2008, and nating the fourth Saturday of July as degree from the University of Pennsylvania, (ii) any election made under section 172(j) the National Day of the Cowboy. I am and published articles such as the ‘‘Practical of such Code shall (notwithstanding such so proud to carry on that tradition. Treatise on the Law of Covenants for Title’’,

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2073 which was accepted as a legal authority Mr. SPECTER. Mr. President, I seek securing the Gateway to the West for British throughout the Union and in England; recognition to congratulate the firm of and later American settlement; Whereas William Henry Rawle was also in- Rawle and Henderson LLP on its 225th Whereas General Forbes and Colonel vited to speak to the law department of his anniversary, and on being recognized George Washington named the location alma mater, the University of Pennsylvania, Pittsburgh, in honor of William Pitt the and in 1884 he appeared before a joint session as the oldest law firm in continuous practice in the U.S. Elder; of Congress to deliver a speech honoring Whereas Fort Pitt provided a safe haven Chief Justice John Marshall; Five generations of the Rawle family for peoples from around the world to follow Whereas William Henry Rawle served as have established and maintained a firm in Forbes’ and Washington’s footsteps to vice president of the Law Association of that has expanded to over a hundred Philadelphia, and was noted by George Wash- travel to Pittsburgh to settle the continent attorneys in eight offices and five and to pioneer advancements in industry, ington Biddle for his ‘‘intellectual strength States. Rawle and Henderson attorneys and brilliancy of expression’’; science, technology, education, the environ- Whereas William Rawle’s grandson Francis have served as elected officials in both ment, and the arts; Rawle, the next leader of the Rawle law of- the civic and legal community Whereas Pittsburgh went on to become the fices, attended Harvard College, began his throughout the past 225 years, and have Crucible of the Industrial Revolution, pro- law career in 1873, and was one of the found- served as appointed and elected judges ducing glass, steel, and aluminum that have ers of the American Bar Association and its on the Federal and State benches. a place in every skyline in the United States, first secretary and treasurer, later becoming Inspired by Benjamin Franklin’s ac- and perfecting the technologies that made it its president in 1902; complishments, William Rawle founded possible for alternating current to illu- Whereas Francis Rawle was a prolific au- minate the Nation; thor who gained national recognition with his practice in Philadelphia in 1783. His two sons followed their father’s exam- Whereas the people of the Pittsburgh re- his revision of Bouvier’s Law Dictionary, the gion pioneered modern philanthropy, imple- ple, joining the practice in 1810. Joseph publication of which coincided with the cen- mented the first smoke control regulation, tennial of the Rawle firm in 1883, and he W. Henderson, a graduate of Harvard developed the polio vaccine, and conquered served as a delegate from the American Bar Law School, joined the firm in 1917, ex- rejection of transplanted organs, improving Association to the London Conference for panding the firm’s reputation for legal countless lives worldwide; Reform and Codification of the Law of Na- excellence, and arguing numerous land- tions in 1887; Whereas Pittsburgh is today a global lead- Whereas Colonel William Brooke Rawle, mark cases before the Supreme Court. er in such emerging fields as materials nephew of William Henry, served his country The Rawle and Henderson firm con- science, regenerative medicine, nanotechnol- with distinction during the Civil War, enter- tinues to prosper in 2008, employing a ogy, electro-optics, robotics, data storage, ing the Union Army as Second Lieutenant, racially and socioeconomically diverse computer science, and commercial nuclear Third Pennsylvania Cavalry, was com- staff. power; mended by his cousin Francis Rawle for his The exceptional individuals who have Whereas Pittsburgh is home to more than service, and went on to earn a master’s de- founded and expanded the Rawle and 100 multi-billion dollar global corporations gree from the University of Pennsylvania in that improve the lives of people around the 1866 and to join the family firm a year later, Henderson firm into the prestigious organization it is today should be hon- world; remaining the head of the office until his Whereas Pittsburgh provides a high qual- ored for their achievements. Their death in 1915; ity of life to its residents, offering unparal- Whereas Joseph W. Henderson joined the service has greatly benefited the civic leled arts and cultural opportunities for a Rawle firm upon graduation from Harvard and legal community of Pennsylvania city of its size; Law School, expanding the firm’s reputation and the U.S. I am confident that the Whereas, in 2007 and in 1985, Pittsburgh for legal excellence and eventually becoming Rawle and Henderson firm will con- a partner in 1917; was named America’s Most Livable City, the Whereas, in similar fashion to his col- tinue to match their predecessors’ only city in the United States to earn that leagues, Joseph Henderson reached a posi- commendable accomplishments for honor twice; tion of considerable power in the Philadel- years to come. Whereas Pittsburgh is commemorating its phia Bar Association and became chairman f naming and its impact on the world with of the Association’s Board of Governors in Pittsburgh 250, a year-long celebration in- 1936; SENATE RESOLUTION 452—COM- volving communities in 14 Pennsylvania Whereas Joseph Henderson carried on the MEMORATING THE 250TH ANNI- counties, parts of 7 States, and the District firm’s tradition of leadership upon the pass- VERSARY OF THE NAMING OF of Columbia; ing of Francis Rawle, and oversaw 2 other PITTSBURGH AS THE CULMINA- Whereas Pittsburgh 250 has connected significant additions, George Brodhead and TION OF THE FORBES CAMPAIGN Washington, DC to Pittsburgh by supporting Tom Mount, who worked in trusts and es- ACROSS PENNSYLVANIA AND the completion of the Great Allegheny Pas- tates and the admiralty business, respec- THE SIGNIFICANCE THIS EVENT sage Trail, the longest hiking and biking tively; trail east of the Mississippi and the most ac- Whereas Joseph Henderson continued to PLAYED IN THE MAKING OF cessible great trail experience in the world, lead the firm with landmark cases in the AMERICA, IN THE SETTLEMENT providing an important new outdoor rec- area of ship owner liability, arguing many of OF THE CONTINENT, AND IN reational asset to the people of the Mid-At- them before the Supreme Court; SPREADING THE IDEALS OF Whereas the Rawle and Henderson firm has lantic United States; and FREEDOM AND DEMOCRACY Whereas Pittsburgh has accomplished all evolved into one of the leading legal firms in THROUGHOUT THE WORLD the country, employing a racially and of these things with an unparalleled history socioeconomically diverse staff, and has a Mr. SPECTER (for himself and Mr. of public and private partnership: Now, number of attorneys honored as ‘‘Super Law- CASEY) submitted the following resolu- therefore, be it yers’’ in Pennsylvania; and tion; which was considered and agreed Resolved, That the Senate— Whereas, supported upon the integrity of to: (1) recognizes the 250th anniversary of the its founders and the numerous accomplish- S. RES. 452 Naming of Pittsburgh, known as a signifi- ments of the Rawle family and of Joseph W. cant event in United States history; Whereas the Forks of the Ohio at today’s Henderson, the firm of Rawle and Henderson (2) recognizes that Pittsburgh 250 is orga- is primed to extend its history and tradition Pittsburgh should forever be remembered as nizing the commemoration on behalf of 14 of legal innovation into a future of continued the place where an army of British and Colo- counties in southwestern Pennsylvania; prominence: Now, therefore, be it nial soldiers took control of Fort Duquesne Resolved, That the Senate— from the French, a turning point in the (3) encourages participation for all Ameri- (1) commemorates the achievement of French and Indian War, the first world war; cans to learn how the Forbes Campaign, the Rawle and Henderson LLP on its 225th anni- Whereas the British victory in the French opening of the Gateway to the West, the in- versary and on being recognized as the oldest and Indian War sowed the seeds of Colonial dustrialization of America, and the environ- law firm in continuous practice in the discontent with British rule, beginning the mental transformation of Pittsburgh helped United States; and chain of events that led to the American to make America; and (2) salutes the profound legacy the attor- Revolution; (4) commends the contributions of those neys of Rawle and Henderson LLP have pro- Whereas the British Army under the lead- who have followed trails to Pittsburgh for vided to the civic and legal community of ership of General John Forbes built the first 250 years to shape the world we live in and Pennsylvania and the Nation. road across the Allegheny Mountains, thus the Nation we have become.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2074 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 SENATE RESOLUTION 453—RECOG- Sanders (for himself, Mr. OBAMA, Ms. CANT- him to the bill S. 1200, to amend the In- NIZING FEBRUARY 20, 2008, AS WELL, Mr. KERRY, Ms. SNOWE, Ms. COLLINS, dian Health Care Improvement Act to THE 100TH ANNIVERSARY OF Mr. SUNUNU, Mr. MENEDEZ, Mr. LEAHY, Mrs. revise and extend the Act; which was CLINTON, Mr. KENNEDY, and Mr. DURBIN) to ABRAHAM BALDWIN AGRICUL- the amendment SA 3899 proposed by Mr. Dor- ordered to lie on the table; as follows: TURAL COLLEGE gan (for himself, Ms. MURKOWSKI, Mr. BAU- On page 298, after line 25, insert the fol- Mr. CHAMBLISS (for himself and Mr. CUS, Mr. KENNEDY, Mr. SMITH, Mr. NELSON of lowing: ISAKSON) submitted the following Nebraska, and Mr. SALAZAR) to the bill S. ‘‘SEC. 71l. TESTIMONY BY SERVICE EMPLOYEES 1200, supra. IN CASES OF RAPE AND SEXUAL AS- resulution; which was considered and SAULT. agreed to: SA 4023. Ms. MIKULSKI (for herself, Mr. COLEMAN, and Ms. KLOBUCHAR) submitted an ‘‘(a) APPROVAL BY DIRECTOR.— S. RES. 453 amendment intended to be proposed to ‘‘(1) IN GENERAL.—The Director shall ap- Whereas the Second District Agricultural amendment SA 3899 proposed by Mr. DOR- prove or disapprove, in writing, any request and Mechanical School opened its doors for GAN (for himself, Ms. MURKOWSKI, Mr. BAU- or subpoena for a sexual assault nurse exam- classes on February 20, 1908, with 3 instruc- CUS, Mr. KENNEDY, Mr. SMITH, Mr. NELSON of iner employed by the Service to provide tes- tors and 27 students; Nebraska, and Mr. SALAZAR) to the bill S. timony in a deposition, trial, or other simi- Whereas the school became a senior college 1200, supra; which was ordered to lie on the lar proceeding regarding information ob- for men, the first in south Georgia, in 1929; table. tained in carrying out the official duties of Whereas the school changed its name in SA 4024. Mr. COBURN submitted an the nurse examiner. 1933 to Abraham Baldwin Agricultural Col- amendment intended to be proposed by him ‘‘(2) REQUIREMENT.—The Director shall ap- lege in honor of a Georgia signer of the Con- to the bill S. 1200, supra; which was ordered prove a request or subpoena under paragraph stitution of the United States and the first to lie on the table. (1) if the request or subpoena does not vio- president of the University of Georgia; SA 4025. Mr. COBURN submitted an late the policy of the Department to main- Whereas the college recorded its all-time amendment intended to be proposed by him tain strict impartiality with respect to pri- highest enrollment during the 2007 fall se- to the bill S. 1200, supra; which was ordered vate causes of action. mester with 3,665 students from 154 Georgia to lie on the table. ‘‘(3) TREATMENT.—If the Director fails to counties, 12 other States, and 9 countries; SA 4026. Mr. COBURN submitted an amend- approve or disapprove a request or subpoena Whereas the college has expanded its cur- ment intended to be proposed by him to the by the date that is 7 days after the date of riculum to include 57 programs of study; bill S. 1200, supra; which was ordered to lie receipt of the request or subpoena, the re- Whereas the college bears strong witness on the table. quest or subpoena shall be considered to be to its roots, with the Division of Agriculture SA 4027. Mr. COBURN submitted an approved for purposes of this subsection. and Forest Resources remaining the largest amendment intended to be proposed by him ‘‘(b) POLICIES AND PROTOCOL.—The Direc- division of study on the 421 acre campus with to the bill S. 1200, supra; which was ordered tor, in coordination with the Director of the over 800 students; to lie on the table. Office on Violence Against Women of the De- SA 4028. Mr. COBURN submitted an Whereas Washington Monthly Magazine partment of Justice, in consultation with In- amendment intended to be proposed by him named the college as one of the 10 best com- dian Tribes and Tribal Organizations, and in to the bill S. 1200, supra; which was ordered munity colleges in America in 2007; conference with Urban Indian Organizations, to lie on the table. shall develop standardized sexual assault Whereas Turfnet Magazine selected the SA 4029. Mr. COBURN submitted an college’s 2-year turfgrass program as the 7th policies and protocol for the facilities of the amendment intended to be proposed by him Service. best program of its kind in the United States to the bill S. 1200, supra; which was ordered and Canada in 2007; to lie on the table. Whereas the college celebrates among its SA 4020. Mr. TESTER proposed an SA 4030. Mr. COBURN submitted an amendment to amendment SA 3899 pro- alumni the Honorable George T. Smith, the amendment intended to be proposed by him only man in the history of Georgia to serve to the bill S. 1200, supra; which was ordered posed by Mr. DORGAN (for himself, Ms. in elected positions in all 3 branches of State to lie on the table. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, government, having served as Lieutenant SA 4031. Mr. COBURN submitted an Mr. SMITH, Mr. NELSON of Nebraska, Governor, Speaker of the House of Rep- amendment intended to be proposed by him and Mr. SALAZAR) to the bill S. 1200, to resentatives, and as a justice on the Supreme to the bill S. 1200, supra; which was ordered amend the Indian Health Care Improve- Court of Georgia; and to lie on the table. ment Act to revise and extend the Act; Whereas February 20, 2008, marks the 100th SA 4032. Mr. COBURN submitted an as follows: anniversary of Abraham Baldwin Agricul- amendment intended to be proposed by him tural College: Now, therefore, be it to the bill S. 1200, supra; which was ordered On page 336, between lines 2 and 3, insert Resolved, That the Senate— to lie on the table. the following: (1) recognizes the 100th anniversary of SA 4033. Mr. COBURN (for himself and Mr. ‘‘SEC. 815. SENSE OF CONGRESS REGARDING LAW Abraham Baldwin Agricultural College for DEMINT) submitted an amendment intended ENFORCEMENT AND METHAMPHET- its great contributions to the community to be proposed to amendment SA 3899 pro- AMINE ISSUES IN INDIAN COUNTRY. ‘‘It is the sense of Congress that Congress and to higher education in Georgia; and posed by Mr. DORGAN (for himself, Ms. MUR- encourages State, local, and Indian tribal (2) recognizes the achievements of the ad- KOWSKI, Mr. BAUCUS, Mr. KENNEDY, Mr. law enforcement agencies to enter into ministration, faculty, students, and staff of SMITH, Mr. NELSON of Nebraska, and Mr. memoranda of agreement between and Abraham Baldwin Agricultural College. SALAZAR) to the bill S. 1200, supra; which was ordered to lie on the table. among those agencies for purposes of stream- f SA 4034. Mr. COBURN submitted an lining law enforcement activities and maxi- AMENDMENTS SUBMITTED AND amendment intended to be proposed to mizing the use of limited resources— PROPOSED amendment SA 3899 proposed by Mr. DORGAN ‘‘(1) to improve law enforcement services (for himself, Ms. MURKOWSKI, Mr. BAUCUS, provided to Indian tribal communities; and SA 4019. Mr. JOHNSON submitted an Mr. KENNEDY, Mr. SMITH, Mr. NELSON of Ne- ‘‘(2) to increase the effectiveness of meas- amendment intended to be proposed by him braska, and Mr. SALAZAR) to the bill S. 1200, ures to address problems relating to meth- to the bill S. 1200, to amend the Indian supra; which was ordered to lie on the table. amphetamine use in Indian Country (as de- Health Care Improvement Act to revise and SA 4035. Mr. COBURN submitted an fined in section 1151 of title 18, United States extend the Act; which was ordered to lie on amendment intended to be proposed by him Code). the table. to the bill S. 1200, supra; which was ordered SA 4020. Mr. TESTER proposed an amend- to lie on the table. SA 4021. Mr. THUNE submitted an ment to amendment SA 3899 proposed by Mr. SA 4036. Mr. COBURN submitted an amend- amendment intended to be proposed to Dorgan (for himself, Ms. MURKOWSKI, Mr. ment intended to be proposed by him to the amendment SA 3899 proposed by Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. NEL- bill S. 1200, supra; which was ordered to lie DORGAN (for himself, Ms. MURKOWSKI, SON of Nebraska, and Mr. SALAZAR) to the on the table. Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, bill S. 1200, supra. SA 4037. Mr. COBURN submitted an SA 4021. Mr. THUNE submitted an amend- amendment intended to be proposed by him Mr. NELSON of Nebraska, and Mr. ment intended to be proposed to amendment to the bill S. 1200, supra; which was ordered SALAZAR) to the bill S. 1200, to amend SA 3899 proposed by Mr. DORGAN (for himself, to lie on the table. the Indian Health Care Improvement Ms. MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, Act to revise and extend the Act; which Mr. SMITH, Mr. NELSON of Nebraska, and Mr. f was ordered to lie on the table; as fol- SALAZAR) to the bill S. 1200, supra; which was TEXT OF AMENDMENTS ordered to lie on the table. lows: SA 4022. Mr. GREGG proposed an amend- SA 4019. Mr. JOHNSON submitted an On page 347, after line 24, add the fol- ment to amendment SA 3900 proposed by Mr. amendment intended to be proposed by lowing:

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SEC. 104. GAO STUDY OF TRIBAL JUSTICE SYS- (b) RESCISSION.— ‘‘(1) IN GENERAL.—The Centers for Medicare TEMS. (1) IN GENERAL.—Notwithstanding any & Medicaid Services shall take all necessary (a) IN GENERAL.—Not later than 1 year other provision of law, each discretionary steps to participate in the Federal Payment after the date of enactment of this Act, the amount provided by the Consolidated Appro- Levy Program under section 6331(h) of the Comptroller General of the United States priations Act, 2008 (Public Law 110–161; 121 Internal Revenue Code of 1986 as soon as pos- shall conduct, and submit to Congress a re- Stat. 1844), excluding the amounts made sible and shall ensure that— port describing the results of, a study of the available for the purposes described in para- ‘‘(A) at least 50 percent of all payments tribal justice systems of Indian tribes lo- graph (2), is reduced by the pro rata percent- under parts A and B are processed through cated in the States of North Dakota and age required to reduce the total amount pro- such program beginning within 1 year after South Dakota. vided by that Act by $800,000,000. the date of the enactment of this section; (b) INCLUSIONS.—The study under sub- (2) EXCEPTED PURPOSES.—The reduction ‘‘(B) at least 75 percent of all payments section (a) shall include, with respect to the under paragraph (1) shall not apply to any under parts A and B are processed through tribal system of each Indian tribe described discretionary amount made available in the such program beginning within 2 years after in subsection (a) and the tribal justice sys- Consolidated Appropriations Act, 2008 (Pub- such date; and tem as a whole— lic Law 110–161; 121 Stat. 1844), for purposes ‘‘(C) all payments under parts A and B are (1)(A) a description of how the tribal jus- of— processed through such program beginning tice systems function, or are supposed to (A) the Department of Defense; or not later than September 30, 2011. function; and (B) the low-income home energy assistance ‘‘(2) ASSISTANCE.—The Financial Manage- (B) a description of the components of the program established under the Low-Income ment Service and the Internal Revenue Serv- tribal justice systems, such as tribal trial Home Energy Assistance Act of 1981 (42 ice shall provide assistance to the Centers courts, courts of appeal, applicable tribal U.S.C. 8621 et seq.). for Medicare & Medicaid Services to ensure law, judges, qualifications of judges, the se- that all payments described in paragraph (1) lection and removal of judges, turnover of SA 4023. Ms. MIKULSKI (for herself, are included in the Federal Payment Levy judges, the creation of precedent, the record- Mr. COLEMAN, and Ms. KLOBUCHAR) sub- Program by the deadlines specified in that ing of precedent, the jurisdictional authority mitted an amendment intended to be subsection.’’. of the tribal court system, and the separa- proposed to amendment SA 3899 pro- (2) APPLICATION OF ADMINISTRATIVE OFFSET tion of powers between the tribal court sys- posed by Mr. DORGAN (for himself, Ms. PROVISIONS TO MEDICARE PROVIDER OR SUP- PLIER PAYMENTS.—Section 3716 of title 31, tem, the tribal council, and the head of the MURKOWSKI, Mr. BAUCUS, Mr. KENNEDY, tribal government; United States Code, is amended— Mr. SMITH, Mr. NELSON of Nebraska, (2) a review of the origins of the tribal jus- (A) by inserting ‘‘the Department of tice systems, such as the development of the and Mr. SALAZAR) to the bill S. 1200, to Health and Human Services,’’ after ‘‘United systems pursuant to the Act of June 18, 1934 amend the Indian Health Care Improve- States Postal Service,’’ in subsection (25 U.S.C. 461 et seq.) (commonly known as ment Act to revise and extend the Act; (c)(1)(A); and the ‘‘Indian Reorganization Act’’), which which was ordered to lie on the table; (B) by adding at the end of subsection (c)(3) promoted tribal constitutions and addressed as follows: the following new subparagraph: the tribal court system; On page 397, after line 2, add the following: ‘‘(D) This section shall apply to payments (3) an analysis of the weaknesses of the SEC. 213. MORATORIUM ON IMPLEMENTATION OF made after the date which is 90 days after tribal justice systems, including the ade- CHANGES TO CASE MANAGEMENT the enactment of this subparagraph (or such quacy of law enforcement personnel and de- AND TARGETED CASE MANAGEMENT earlier date as designated by the Secretary tention facilities, in particular in relation to PAYMENT REQUIREMENTS UNDER of Health and Human Services) with respect crime rates; and MEDICAID. to claims or debts, and to amounts payable, (4) an analysis of the measures that tribal (a) MORATORIUM.— under title XVIII of the Social Security officials suggest could be carried out to im- (1) DELAYED IMPLEMENTATION OF DECEMBER Act.’’. prove the tribal justice systems, including 4, 2007, INTERIM FINAL RULE.—The interim (3) EFFECTIVE DATE.—The amendments final rule published on December 4, 2007, at an analysis of how Federal law could im- made by this subsection shall take effect on pages 68,077 through 68,093 of volume 72 of prove and stabilize the tribal court system. the date of the enactment of this Act. the Federal Register (relating to parts 431, SA 4022. Mr. GREGG proposed an 440, and 441 of title 42 of the Code of Federal SA 4024. Mr. COBURN submitted an amendment to amendment SA 3900 pro- Regulations) shall not take effect before amendment intended to be proposed by April 1, 2009. him to the bill S. 1200, to amend the In- posed by Mr. SANDERS (for himself, Mr. (2) CONTINUATION OF 2007 PAYMENT POLICIES dian Health Care Improvement Act to OBAMA, Ms. CANTWELL, Mr. KERRY, Ms. AND PRACTICES.—Notwithstanding any other revise and extend the Act; which was SNOWE, Ms. COLLINS, Mr. SUNUNU, Mr. provision of law, the Secretary of Health and ordered to lie on the table; as follows: MENENDEZ, Mr. LEAHY, Mrs. CLINTON, Human Services shall not, prior to April 1, At the appropriate place in title VIII of the Mr. KENNEDY, and Mr. DURBIN) to the 2009, take any action (through promulgation Indian Health Care Improvement Act (as amendment SA 3899 proposed by Mr. of regulation, issuance of regulatory guidance, use of Federal payment audit proce- amended by section 101), insert the fol- DORGAN (for himself, Ms. MURKOWSKI, lowing: dures, or other administrative action, policy Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, or practice, including a Medical Assistance ‘‘SEC. 8ll. SCIENTIFICALLY EFFECTIVE HEALTH PROMOTION SERVICES. Mr. NELSON of Nebraska, and Mr. Manual transmittal or issuance of a letter to ‘‘Notwithstanding any other provision of SALAZAR) to the bill S. 1200, to amend State Medicaid directors) to restrict cov- the Indian Health Care Improvement this Act, coverage of health promotion serv- erage or payment under title XIX of the So- ices under this Act shall only be for medical Act to revise and extend the Act; as cial Security Act for case management and or preventive health services or activities— follows: targeted case management services if such ‘‘(1) for which scientific evidence dem- Strike all after line 1 and insert the fol- action is more restrictive than the adminis- onstrates a direct connection to improving lowing: trative action, policy, or practice that ap- health; and plies to coverage of, or payment for, such TITLE III—MISCELLANEOUS ‘‘(2) that are provided in accordance with services under title XIX of the Social Secu- applicable medical standards of care. SEC. 301. LOW-INCOME HOME ENERGY ASSIST- rity Act on December 3, 2007. Any such ac- ANCE PROGRAM. tion taken by the Secretary of Health and SA 4025. Mr. COBURN submitted an (a) IN GENERAL.—There are authorized to Human Services during the period that be- be appropriated, and there are appropriated, amendment intended to be proposed by gins on December 4, 2007, and ends on March him to the bill S. 1200, to amend the In- out of any money in the Treasury not other- 31, 2009, that is based in whole or in part on wise appropriated— the interim final rule described in subsection dian Health Care Improvement Act to (1) $400,000,000 (to remain available until (a) is null and void. revise and extend the Act; which was expended) for making payments under sub- (b) INCLUSION OF MEDICARE PROVIDERS AND ordered to lie on the table; as follows: sections (a) through (d) of section 2604 of the SUPPLIERS IN FEDERAL PAYMENT LEVY AND At the appropriate place in title VIII of the Low-Income Home Energy Assistance Act of ADMINISTRATIVE OFFSET PROGRAM.— Indian Health Care Improvement Act (as 1981 (42 U.S.C. 8623); and (1) IN GENERAL.—Section 1874 of the Social amended by section 101), insert the fol- (2) $400,000,000 (to remain available until Security Act (42 U.S.C. 1395kk) is amended lowing: expended) for making payments under sec- by adding at the end the following new sub- ‘‘SEC. 8ll. NO RACIAL PREFERENCE IN EMPLOY- tion 2604(e) of the Low-Income Home Energy section: MENT. Assistance Act of 1981 (42 U.S.C. 8623(e)), not- ‘‘(d) INCLUSION OF MEDICARE PROVIDER AND ‘‘Notwithstanding any other provision of withstanding the designation requirement of SUPPLIER PAYMENTS IN FEDERAL PAYMENT this Act, nothing in this Act authorizes any section 2602(e) of that Act (42 U.S.C. 8621(e)). LEVY PROGRAM.— racial preference in employment.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2076 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 SA 4026. Mr. COBURN submitted an On page 347, after line 24, add the fol- ‘‘(9) the health care provider options avail- amendment intended to be proposed by lowing: able to Indians. him to the bill S. 1200, to amend the In- SEC. 104. GAO STUDY OF MEMBERSHIP CRITERIA FOR FEDERALLY RECOGNIZED IN- SA 4032. Mr. COBURN submitted an dian Health Care Improvement Act to DIAN TRIBES. amendment intended to be proposed by revise and extend the Act; which was Not later than 1 year after the date of en- him to the bill S. 1200, to amend the In- ordered to lie on the table; as follows: actment of this Act, the Comptroller General dian Health Care Improvement Act to Strike paragraph (5) of section 713(b) of the of the United States shall conduct a study of revise and extend the Act; which was membership criteria for federally recognized Indian Health Care Improvement Act (as ordered to lie on the table; as follows: amended by section 101) and insert the fol- Indian tribes, including— At the appropriate place in the Indian lowing: (1) the number of federally recognized In- Health Care Improvement Act (as amended ‘‘(5) To identify and provide behavioral dian tribes in existence on the date on which by section 101), insert the following: health treatment to Indian perpetrators and the study is conducted; perpetrators who are members of an Indian (2) the number of those Indian tribes that ‘‘SEC. lll. TESTING FOR SEXUALLY TRANS- MITTED DISEASES IN CASES OF SEX- household making efforts to begin offender use blood quantum as a criterion for membership in the Indian tribe and the impor- UAL VIOLENCE. and behavioral health treatment while the ‘‘The Attorney General shall ensure that, tance assigned to that criterion; perpetrator is incarcerated or at the earliest with respect to any Federal criminal action (3) the percentage of members of federally possible date if the perpetrator is not incar- involving a sexual assault, rape, or other in- cerated. recognized Indian tribes that possesses de- cident of sexual violence against an Indian— At the end of section 713 of the Indian grees of Indian blood of— ‘‘(1)(A) at the request of the victim, a de- 1⁄4; Health Care Improvement Act (as amended (A) fendant is tested for the human immuno- (B) 1⁄8; and by section 101), add the following: deficiency virus (HIV) and such other sexu- (C) 1⁄16; and ‘‘(d) LIMITATION ON FUNDING.—Treatment ally transmitted diseases as are requested by (4) the variance in wait times and ration- shall be provided for a perpetrator pursuant the victim not later than 48 hours after the ing of health care services within the Service to this section only if the treatment is sci- date on which the applicable information or between federally recognized Indian Tribes entifically demonstrated to reduce the po- indictment is presented; that use blood quantum as a criterion for tential of the perpetrator to commit child ‘‘(B) a notification of the test results is membership and those Indian Tribes that do sexual abuse again, and shall not provide the provided to the victim or the parent or not use blood quantum as such a criterion. basis to reduce any applicable criminal pun- guardian of the victim and the defendant as ishment or civil liability for that abuse. SA 4030. Mr. COBURN submitted an soon as practicable after the results are gen- amendment intended to be proposed by erated; and SA 4027. Mr. COBURN submitted an ‘‘(C) such follow-up tests for HIV and other amendment intended to be proposed by him to the bill S. 1200, to amend the In- sexually transmitted diseases are provided as him to the bill S. 1200, to amend the In- dian Health Care Improvement Act to are medically appropriate, with the test re- dian Health Care Improvement Act to revise and extend the Act; which was sults made available in accordance with sub- revise and extend the Act; which was ordered to lie on the table; as follows: paragraph (B); and ordered to lie on the table; as follows: Strike section 221 of the Indian Health ‘‘(2) pursuant to section 714(a), HIV and At the appropriate place in title VII of the Care Improvement Act (as amended by sec- other sexually transmitted disease testing, Indian Health Care Improvement Act (as tion 101) and insert the following: treatment, and counseling is provided for amended by section 101), insert the fol- ‘‘SEC. 221. LICENSING. victims of sexual abuse. ‘‘Nothing in this Act preempts any State lowing: SA 4033. Mr. COBURN (for himself ‘‘SEC. 7ll. CRIMINAL CONDUCT. requirement regarding licensing of any health care personnel. and Mr. DEMINT) submitted an amend- ‘‘Nothing in this title— ment intended to be proposed to ‘‘(1) establishes any defense, not otherwise SA 4031. Mr. COBURN submitted an applicable under law, for any individual ac- amendment SA 3899 proposed by Mr. cused of any crime, including physical or amendment intended to be proposed by DORGAN (for himself, Ms. MURKOWSKI, sexual abuse of children or family violence; him to the bill S. 1200, to amend the In- Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, or dian Health Care Improvement Act to Mr. NELSON of Nebraska, and Mr. ‘‘(2) preempts or otherwise affects any ap- revise and extend the Act; which was SALAZAR) to the bill S. 1200, to amend plicable requirement for— ordered to lie on the table; as follows: the Indian Health Care Improvement ‘‘(A) reporting of criminal conduct, includ- At the appropriate place in title VIII of the Act to revise and extend the Act; which ing for child abuse or family violence; or Indian Health Care Improvement Act (as was ordered to lie on the table; as fol- ‘‘(B) creating any new privilege concerning amended by section 101), insert the follows: disclosure. lowing: On page 336, between lines 13 and 14, insert ‘‘SEC. 8ll. GAO ASSESSMENT. SA 4028. Mr. COBURN submitted an the following: ‘‘Not later than 1 year after the date of en- ‘‘SEC. 817. TRIBAL MEMBER CHOICE DEMONSTRA- amendment intended to be proposed by actment of the Indian Health Care Improve- TION PROJECT. him to the bill S. 1200, to amend the In- ment Act Amendments of 2008, the Comp- ‘‘(a) IN GENERAL.—The Secretary shall es- dian Health Care Improvement Act to troller General of the United States shall tablish a demonstration project in not less revise and extend the Act; which was conduct, and submit to Congress a report de- than 3 Service Areas (chosen by the Sec- ordered to lie on the table; as follows: scribing the results of, an assessment of— retary for optimal participation) under ‘‘(1) the average wait time of patients in On page 347, after line 24, add the fol- which eligible participants shall be provided the Service; lowing: with a risk-adjusted subsidy for the purchase ‘‘(2) the extent of rationing of health care of qualified health insurance (as defined in SEC. 104. BLOOD QUANTUM REQUIREMENT FOR services in the Service; subsection (f)) in order to— FEDERAL RECOGNITION OF INDIAN TRIBES. ‘‘(3) the average per capita health care ‘‘(1) improve Indian access to high quality Effective beginning on the date of enact- spending on Indians eligible for health care health care services; ment of this Act, in determining whether to services through the Service; ‘‘(2) provide incentives to Indian patients extend Federal recognition to an Indian tribe ‘‘(4) the overall health outcomes in Indi- to seek preventive health care services; or other Indian group under part 83 of title ans, as compared to the overall health out- ‘‘(3) create opportunities for Indians to 25, Code of Federal Regulations (or successor comes of other residents of the United participate in the health care decision proc- regulations), the Secretary of the Interior States; ess; shall require that each member of the Indian ‘‘(5) patient satisfaction of Indians receiv- ‘‘(4) encourage effective use of health care tribe or group possess a degree of Indian ing health care services through the Service; services by Indians; and ‘‘(6) the total amount of funds of the Serv- ‘‘(5) allow Indians to make health care cov- blood of not less than 1⁄512. ice expended for— erage and delivery decisions and choices. SA 4029. Mr. COBURN submitted an ‘‘(A) direct medical care; and ‘‘(b) ELIGIBLE PARTICIPANT.— amendment intended to be proposed by ‘‘(B) administrative expenses; ‘‘(1) VOLUNTARY ENROLLMENT FOR 12-MONTH ‘‘(7) the health care coverage options avail- PERIODS.— him to the bill S. 1200, to amend the In- able to Indians receiving health care services ‘‘(A) IN GENERAL.—In this section, the term dian Health Care Improvement Act to through the Service; ‘eligible participant’ means an Indian who— revise and extend the Act; which was ‘‘(8) the health care services options avail- ‘‘(i) is a member of a federally-recognized ordered to lie on the table; as follows: able to Indians; and Indian Tribe; and

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2077 ‘‘(ii) voluntarily agrees to enroll in the ‘‘(A) paragraph (1)(C) thereof, and program shall not be counted as income or project conducted under this section (or in ‘‘(B) so much of paragraph (1)(D) thereof as assets for purposes of determining eligibility the case of a minor, is voluntarily enrolled relates to qualified long-term care insurance for benefits under any Federal public assist- on their behalf by a parent or caretaker) for contracts. ance program. a period of not less than 12 months in lieu of ‘‘(2) EXCLUSION OF CERTAIN OTHER CON- ‘‘(2) BUDGET NEUTRALITY.—In conducting obtaining items or services through any In- TRACTS.—Such term shall not include insur- the program under this section, the Sec- dian Health Program or any other federally- ance if a substantial portion of its benefits retary shall ensure that the aggregate pay- funded program during any period in which are excepted benefits (as defined in section ments made to carry out the program do not the Indian is enrolled in the project. 9832(c) of such Code).’’. exceed the amount of Federal expenditures ‘‘(B) VOLUNTARY EXTENSIONS OF ENROLL- which would have been made for the provi- MENT.—An eligible participant may volun- SA 4034. Mr. COBURN submitted an sion of health care items and services to eli- tarily extend the participant’s enrollment in amendment intended to be proposed to gible participants if the program had not the project for additional 12-month periods. amendment SA 3899 proposed by Mr. been implemented. ‘‘(2) HARDSHIP EXCEPTION.—The Secretary DORGAN (for himself, Ms. MURKOWSKI, ‘‘(e) IMPLEMENTATION; REPORTS TO CON- shall specify criteria for permitting an eligi- GRESS.— Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, ble participant to disenroll from the project ‘‘(1) IMPLEMENTATION.— Mr. NELSON of Nebraska, and Mr. before the end of any 12-month period of en- ‘‘(A) INITIAL PERIOD.—The program estab- rollment to prevent undue hardship. SALAZAR) to the bill S. 1200, to amend lished under this section shall begin not ‘‘(c) SUBSIDIES REQUIREMENT.—The average the Indian Health Care Improvement later than the date that is 1 year after the amount of all subsidies provided to eligible Act to revise and extend the Act; which date of enactment of this section and shall participants enrolled in the demonstration was ordered to lie on the table; as fol- be conducted for a period of at least 5 years. project established under this section for lows: ‘‘(B) EXTENSIONS.—The Secretary may ex- each 12-month period during which the On page 336, between lines 13 and 14, insert tend the program for such additional periods project is conducted shall not exceed the as the Secretary determines appropriate, un- amount equal to the average of the per cap- the following: ‘‘SEC. 817. TRIBAL MEMBER CHOICE PROGRAM. less the Secretary determines that the pro- ita expenditures for providing Indians items gram is unsuccessful in achieving the pur- or services from all Indian Health Programs ‘‘(a) IN GENERAL.—The Secretary shall es- poses described in subsection (a), taking into for the most recent fiscal year for which tablish a program in geographically feasible account cost-effectiveness, quality of care, data is available. Service Areas (as determined by the Sec- and such other criteria as the Secretary may ‘‘(d) SPECIAL RULES.— retary, taking into account those Service specify. ‘‘(1) TREATMENT.—The amount of a subsidy Areas that are likely to have optimal par- provided to an eligible participant in the ticipation) under which eligible participants ‘‘(2) REPORTS TO CONGRESS.—During the project shall not be counted as income or as- shall be provided with a risk-adjusted sub- initial 5-year period in which the program is sets for purposes of determining eligibility sidy for the purchase of qualified health in- conducted, and during any period thereafter for benefits under any Federal public assist- surance (as defined in subsection (f)) in order in which the program is extended, the Sec- ance program. to— retary shall periodically submit reports to ‘‘(2) BUDGET NEUTRALITY.—In conducting ‘‘(1) improve Indian access to high quality Congress regarding the progress of program. the demonstration project under this sec- health care services; Each report shall include information con- tion, the Secretary shall ensure that the ag- ‘‘(2) provide incentives to Indian patients cerning the populations participating in the gregate payments made to carry out the to seek preventive health care services; program, participant satisfaction (deter- project do not exceed the amount of Federal ‘‘(3) create opportunities for Indians to mined by indicators of satisfaction with se- expenditures which would have been made participate in the health care decision proc- curity, affordability, access, choice, and for the provision of health care items and ess; quality) as compared with items and services services to eligible participants if the project ‘‘(4) encourage effective use of health care that the participant would have received had not been implemented. services by Indians; and from Indian Health Programs, and the im- ‘‘(e) DEMONSTRATION PERIOD; REPORTS TO ‘‘(5) allow Indians to make health care cov- pact of the program on access to, and the CONGRESS.— erage and delivery decisions and choices. availability of, high quality health care serv- ‘‘(1) DEMONSTRATION PERIOD.— ‘‘(b) ELIGIBLE PARTICIPANT.— ices for Indians. ‘‘(A) INITIAL PERIOD.—The demonstration ‘‘(1) VOLUNTARY ENROLLMENT FOR 12-MONTH ‘‘(f) QUALIFIED HEALTH INSURANCE.— project established under this section shall PERIODS.— ‘‘(1) IN GENERAL.—In this section, the term begin not later than the date that is 1 year ‘‘(A) IN GENERAL.—In this section, the term ‘qualified health insurance’ means insurance after the date of enactment of this section ‘eligible participant’ means an Indian who— which constitutes medical care as defined in and shall be conducted for a period of 5 ‘‘(i) is a member of a federally-recognized section 213(d) of the Internal Revenue Code years. Indian Tribe; and of 1986 without regard to— ‘‘(B) EXTENSIONS.—The Secretary may ex- ‘‘(ii) voluntarily agrees to enroll in the ‘‘(A) paragraph (1)(C) thereof, and tend the project for such additional periods program conducted under this section (or in ‘‘(B) so much of paragraph (1)(D) thereof as as the Secretary determines appropriate, un- the case of a minor, is voluntarily enrolled relates to qualified long-term care insurance less the Secretary determines that the on their behalf by a parent or caretaker) for contracts. project is unsuccessful in achieving the pur- a period of not less than 12 months in lieu of ‘‘(2) EXCLUSION OF CERTAIN OTHER CON- poses described in subsection (a), taking into obtaining items or services through any In- TRACTS.—Such term shall not include insur- account cost-effectiveness, quality of care, dian Health Program or any other federally- ance if a substantial portion of its benefits and such other criteria as the Secretary may funded program during any period in which are excepted benefits (as defined in section specify. the Indian is enrolled in the program. 9832(c) of such Code).’’. ‘‘(2) PERIODIC REPORTS TO CONGRESS.—Dur- ‘‘(B) VOLUNTARY EXTENSIONS OF ENROLL- Mr. COBURN submitted an ing the 5-year period described in paragraph MENT.—An eligible participant may volun- SA 4035. (1), the Secretary shall periodically submit tarily extend the participant’s enrollment in amendment intended to be proposed by reports to Congress regarding the progress of the program for additional 12-month periods. him to the bill S. 1200, to amend the In- demonstration project conducted under this ‘‘(2) HARDSHIP EXCEPTION.—The Secretary dian Health Care Improvement Act to section. Each report shall include informa- shall specify criteria for permitting an eligi- revise and extend the Act; which was tion concerning the populations partici- ble participant to disenroll from the program ordered to lie on the table; as follows: pating in the project, participant satisfac- before the end of any 12-month period of en- At the appropriate place in title VIII of the tion (determined by indicators of satisfac- rollment to prevent undue hardship. Indian Health Care Improvement Act (as tion with security, affordability, access, ‘‘(c) SUBSIDIES REQUIREMENT.—The average amended by section 101), insert the fol- choice, and quality) as compared with items amount of all subsidies provided to eligible lowing: and services that the participant would have participants enrolled in the program estab- received from Indian Health Programs, and lished under this section for each 12-month ‘‘SEC. 8ll. REQUIREMENT. the impact of the project on access to, and period during which the program is con- ‘‘Not less than 85 percent of amounts made the availability of, high quality health care ducted shall not exceed the amount equal to available to carry out this Act shall be used services for Indians. the average of the per capita expenditures to provide the medical services authorized ‘‘(f) QUALIFIED HEALTH INSURANCE.— for providing Indians items or services from by this Act. ‘‘(1) IN GENERAL.—In this section, the term all Indian Health Programs for the most re- Mr. COBURN submitted an ‘qualified health insurance’ means insurance cent fiscal year for which data is available. SA 4036. which constitutes medical care as defined in ‘‘(d) SPECIAL RULES.— amendment intended to be proposed by section 213(d) of the Internal Revenue Code ‘‘(1) TREATMENT.—The amount of a subsidy him to the bill S. 1200, to amend the In- of 1986 without regard to— provided to an eligible participant in the dian Health Care Improvement Act to

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2078 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 revise and extend the Act; which was of certain lands in and adjacent to the SD366 of the Dirksen Senate Office ordered to lie on the table; as follows: Arapaho and Roosevelt National For- Building. At this hearing, the com- On page 121, strike line 15 and insert the ests in Colorado, and for other pur- mittee will hear testimony regarding following: poses; S. 2601 and H.R. 1285, to provide the President’s fiscal year 2009 budget ‘‘(c) PRIORITIZATION.—Before providing any for the conveyance of a parcel of Na- request for the Department of the Inte- hospice care, assisted living service, long- tional Forest System land in Kittitas rior. term care service, or home- or community- County, Washington, to facilitate the The PRESIDING OFFICER. Without based service pursuant to this section, the construction of a new fire and rescue objection, it is so ordered. Secretary shall give priority to the provision of basic medical services to Indians. station, and for other purposes; H.R. COMMITTEE ON FINANCE ‘‘(d) DEFINITIONS.—For the purposes of this 523, to require the Secretary of the In- Mr. KENNEDY. Mr. President, I ask section, terior to convey certain public land lo- unanimous consent that the Com- cated wholly or partially within the mittee on Finance be authorized to SA 4037. Mr. COBURN submitted an boundaries of the Wells Hydroelectric meet during the session of the Senate amendment intended to be proposed by Project of Public Utility District No. 1 on Wednesday, February 13, 2008, at 10 him to the bill S. 1200, to amend the In- of Douglas County, Washington, to the a.m. in room 215 of the Dirksen Senate dian Health Care Improvement Act to utility district; H.R. 838, to provide for Office Building, to hear testimony on revise and extend the Act; which was the conveyance of the Bureau of Land ‘‘Selling to Seniors: The Need for Ac- ordered to lie on the table; as follows: Management parcels known as the countability and Oversight of Mar- On page 121, strike line 15 and insert the White Acre and Gambel Oak properties keting and Sales by Medicare Private following: and related real property to Park City, Plans, Part Two.’’ ‘‘(c) EFFECTIVE DATE.— Utah, and for other purposes. The PRESIDING OFFICER. Without ‘‘(1) EFFECTIVE DATE.—This section takes Because of the limited time available objection, it is so ordered. effect on the date on which the Secretary for the hearing, witnesses may testify COMMITTEE ON FOREIGN RELATIONS makes the certification described in para- by invitation only. However, those graph (2). Mr. KENNEDY. Mr. President, I ask ‘‘(2) CERTIFICATION.—The certification re- wishing to submit written testimony unanimous consent that the Com- ferred to in paragraph (1) is a certification for the hearing record should send it to mittee on Foreign Relations be author- by the Secretary to Congress that— the Committee on Energy and Natural ized to meet during the session of the ‘‘(A) the service availability, rationing, Resources, United States Senate, Senate on Wednesday, February 13, and wait times for existing health services Washington, DC 20510–6150, or by e-mail 2008, at 10 a.m. in order to hold a hear- within the Service are— to [email protected]. ing on the President’s foreign affairs ‘‘(i) acceptable to Indians; and gov. budget. ‘‘(ii) comparable to the service availability For further information, please con- The PRESIDING OFFICER. Without and wait times experienced by other residents of the United States; and tact Kira Finkler at (202) 224–5523 or objection, it is so ordered. ‘‘(B) the provision of services under this Rachel Pasternack at (202) 224–0883. COMMITTEE ON FOREIGN RELATIONS section will not divert resources from or neg- f Mr. KENNEDY. Mr. President, I ask atively affect the provision of basic medical unanimous consent that the Com- and dental services by the Service. AUTHORITY FOR COMMITTEES TO MEET mittee on Foreign Relations be author- ‘‘(d) DEFINITIONS.—For the purposes of this ized to meet during the session of the section, COMMITTEE ON ARMED SERVICES Senate on Wednesday, February 13, f Mr. KENNEDY. Mr. President, I ask 2008, at 2:30 p.m. in order to hold a unanimous consent that the Com- NOTICE OF HEARING committee coffee with His Excellency mittee on Armed Services be author- Salam Fayyad, Prime Minister of the COMMITTEE ON ENERGY AND NATURAL ized to meet during the session of the Palestinian National Authority. RESOURCES Senate on Wednesday, February 13, The PRESIDING OFFICER. Without Mr. BINGAMAN. Mr. President, I 2008, at 9:30 a.m., in open session in objection, it is so ordered. would like to announce for the infor- order to receive testimony on improve- COMMITTEE ON HOMELAND SECURITY AND mation of the Senate and the public ments implemented and planned by the GOVERNMENTAL AFFAIRS that a hearing has been scheduled be- Department of Defense and the Depart- Mr. KENNEDY. Mr. President, I ask fore Committee on Energy and Natural ment of Veterans Affairs for the care, unanimous consent that the Com- Resources Subcommittee on Public management, and transition of wound- mittee on Homeland Security and Gov- Lands and Forests. ed and ill servicemembers. ernmental Affairs be authorized to The hearing will be held on February The PRESIDING OFFICER. Without meet during the session of the Senate 27, 2008, at 2:30 p.m. in room SD–366 of objection, it is so ordered. on Wednesday, February 13, 2008, at 10 the Dirksen Senate Office Building. COMMITTEE ON BANKING, HOUSING, AND URBAN a.m. in order to conduct a hearing enti- The purpose of the hearing is to re- AFFAIRS tled ‘‘The Defense Department’s Home- ceive testimony on the following bills: Mr. KENNEDY. Mr. President, I ask land Security Role: How the Military S. 832, to provide for the sale of ap- unanimous consent that the Com- Can and Should Contribute.’’ proximately 25 acres of public land to mittee on Banking, Housing, and The PRESIDING OFFICER. Without the Turnabout Ranch, Escalante, Utah, Urban Affairs be authorized to meet objection, it is so ordered. at fair market value; S. 2229, to with- during the session of the Senate on COMMITTEE ON THE JUDICIARY draw certain Federal land in the Wyo- February 13, 2008, at 10 a.m., in order to Mr. KENNEDY. Mr. President, I ask ming Range from leasing and provide conduct a mark up of an original bill unanimous consent that the Senate an opportunity to retire certain leases entitled ‘‘Industrial Bank Holding Committee on the Judiciary be author- in the Wyoming Range; S. 2379, to au- Company Act of 2008’’. ized to meet during the session of the thorize the Secretary of the Interior to The PRESIDING OFFICER. Without Senate, in order to conduct a hearing cancel certain grazing leases on land in objection, it is so ordered. entitled ‘‘Examining the State Secrets Cascade-Siskiyou National Monument COMMITTEE ON ENERGY AND NATURAL Privilege: Protecting National Secu- that are voluntarily waived by the les- RESOURCES rity While Preserving Accountability’’ sees, to provide for the exchange of cer- Mr. KENNEDY. Mr. President, I ask on Wednesday, February 13, 2008, at 10 tain Monument land in exchange for unanimous consent that the Com- a.m. in room SD–226 of the Dirksen private land, to designate certain mittee on Energy and Natural Re- Senate Office Building. Monument land as wilderness, and for sources be authorized to meet during other purposes; S. 2508 and H.R. 903, to the session of the Senate in order to Witness list provide for a study of options for pro- conduct a hearing on Wednesday, Feb- Carl Nichols, Deputy Assistant At- tecting the open space characteristics ruary, 13, 2008, at 9:45 a.m., In room torney General, U.S. Department of

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Justice, Civil Division, Washington, AIRPORT AND AIRWAY EXTENSION Senator KAY BAILEY HUTCHISON, and DC; The Honorable Patricia M. Wald, ACT OF 2008 members of the Senate’s Finance and Former Chief Judge, U.S. Court of Ap- Mrs. MURRAY. Madam President, I Commerce Committees in making sure peals for the D.C. Circuit, Washington, ask unanimous consent that the Sen- the FAA has the resources and tools it DC; Louis Fisher, Specialist in Con- ate proceed to the immediate consider- needs to continue making our aviation stitutional Law, Law Library of the Li- ation of H.R. 5270, which was received system the safest in the world. It is brary of Congress, Washington, DC; from the House. crucial we work together to provide Robert M. Chesney, Associate Pro- The PRESIDING OFFICER. The the FAA with the certainty it needs in fessor, Wake Forest University School clerk will report the bill by title. these challenging times for the avia- of Law, Winston-Salem, NC; and Mi- The legislative clerk read as follows: tion sector. This will not only benefit chael Vatis, Partner, Steptoe & John- A bill (H.R. 5270) to amend the Internal the FAA but the industry generally son LLP, New York, NY. Revenue Code of 1986 to extend the funding and the many millions of Americans it The PRESIDING OFFICER. Without and expenditure authority of the Airport and serves each year. objection, it is so ordered. Airway Trust Fund, and for other purposes. Mrs. HUTCHISON. Madam President, There being no objection, the Senate COMMITTEE ON VETERANS’ AFFAIRS I rise today to urge my colleagues to proceeded to consider the bill. vote for a short-term extension of FAA Mr. KENNEDY. Mr. President, I ask Mr. ROCKEFELLER. Madam Presi- unanimous consent for the Committee collection, expenditure authority, and dent, I rise today to support a short- Airport Improvement Program, or AIP, on Veterans’ Affairs to be authorized term extension of the Federal Aviation to meet during the session of the Sen- contract authority through June 30, Administration’s contract authority 2008. ate on Wednesday, February 13, in and its collection and expenditure au- order to conduct a hearing on the FY The previous extension was scheduled thority through to June 30, 2008. Be- to expire on February 29, 2008. Short of 2009 Budget for Veterans Programs. cause of the urgent need to extend the The Committee will meet in room 418 congressional action, hundreds of air- current aviation taxes and related ports across the Nation were at risk of of the Russell Senate Office Building, budget provisions, I am supporting this at 9:30 a.m. losing an entire construction season legislation. and hindering much needed improve- The PRESIDING OFFICER. Without But I am becoming convinced that ments to our aviation system. In addi- objection, it is so ordered. Congress cannot pass S. 1300, the Avia- tion, the FAA was at risk of not being SELECT COMMITTEE ON INTELLIGENCE tion Investment and Modernization able to fund this year’s planned critical Mr. KENNEDY. Mr. President, I ask Act, authored by then-Senator Lott investments in the Next Generation unanimous consent that the Select and myself. I believe that Congress Air Traffic Control System, Committee on Intelligence be author- should pass a long-term extension of NEXTGEN. Now, because of our efforts, ized to meet during the session of the the existing aviation taxes in order to those improvements can continue as Senate on February 13, 2008, at 2:30 give the FAA the funding stability it needs while Congress moves forward planned. p.m. in order to hold a closed business While I am pleased with our work with a comprehensive review of how meeting. today, I am disappointed we could not the agency is funded. I cannot support The PRESIDING OFFICER. Without provide more stability in the system by objection, it is so ordered. the current funding regime, as it will not provide the agency with the re- completing a longer term extension SPECIAL COMMITTEE ON AGING through September 30, 2008, which is Mr. KENNEDY. Mr. President, I ask sources it needs to build the Next Gen- eration Air Traffic Control System. In the end of the fiscal year. unanimous consent that the Special As legislators, it is our responsibility Committee on Aging be authorized to lieu of a long-term extension, I would have preferred an extension until the to create stability and predictability in meet on Wednesday, February 13, 2008 our infrastructure system. We cannot from 10:30 a.m.–12:30 p.m. in Dirksen 628 end of this fiscal year, September 30, 2008, as it would have given the FAA allow our lack of action to disturb the for the purpose of conducting a hear- modernization efforts and the flow of ing. and our Nation’s airports a greater degree of reassurance that they will re- funds to our aviation system. The PRESIDING OFFICER. Without ceive the full $3.5 billion in airport Thankfully, the extension we passed objection, it is so ordered. funding that Congress approved last today will provide immediate funding SUBCOMMITTEE ON CHILDREN AND FAMILIES year. and spending authority as well as a Mr. KENNEDY. Mr. President, I ask The short-term extension before us valuable cushion for the Senate to unanimous consent that the Com- today is not only crucial to the ongo- work on the overarching FAA reau- mittee on Health, Education, Labor, ing functioning of the FAA, it is nec- thorization bill. and Pensions, Subcommittee on Chil- essary because without it the agency I am looking forward to working dren and Families, be authorized to faces a potential crisis. Without adopt- with my friend and distinguished col- meet during the session of the Senate, ing this legislation, the FAA would not league Senator JAY ROCKEFELLER to in order to conduct a hearing on the be able to pay 4,000 employees after complete a multi-year FAA reauthor- Family and Medical Leave Act on February 29, 2008. And that is an unac- ization bill. We have several challenges Wednesday, February 13, 2008. The ceptable action. The last thing the ahead of us, and we will attempt to hearing will commence at 3 p.m. in agency needs right now is to endure a come together in a bipartisan way to room 430 of the Dirksen Senate Office potentially debilitating staffing crisis. meet those challenges. The extension Building. To preserve these jobs this short-term we passed today is just the first step in The PRESIDING OFFICER. Without extension must be passed today. what will be a very important year for objection, it is so ordered. This country’s aviation system is the aviation policy. safest in the world. However, in re- Mrs. MURRAY. Madam President, I f maining vigilant to maintain this ask unanimous consent that the bill be standard we must ensure the FAA has read a third time and passed, the mo- PRIVILEGES OF THE FLOOR the resources to continue its efforts in tion to reconsider be laid upon the Mr. BOND. Madam President, first, I modernizing our air traffic control sys- table, with no intervening action or de- ask unanimous consent that Senator tem and in updating the more anti- bate, and that any statements relating MCCAIN’s legislative fellow, Navy Com- quated parts of our aviation infrastruc- to the bill be printed in the RECORD. mander Scott Butler, be granted floor ture. The passing of this extension The PRESIDING OFFICER. Without privileges during the second session of today will allow these vital invest- objection, it is so ordered. the 110th Congress. ments to continue. The bill (H.R. 5270) was ordered to a The PRESIDING OFFICER. Without I look forward to working with my third reading, was read the third time, objection, it is so ordered. friend and distinguished colleague, and passed.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2080 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 February 13, 2008 COMMEMORATING THE 250TH ANNI- Whereas Pittsburgh is home to more than S. RES. 453 VERSARY OF THE NAMING OF 100 multi-billion dollar global corporations Whereas the Second District Agricultural PITTSBURGH that improve the lives of people around the and Mechanical School opened its doors for world; classes on February 20, 1908, with 3 instruc- Mrs. MURRAY. Madam President, I Whereas Pittsburgh provides a high qual- tors and 27 students; ask unanimous consent that the Sen- ity of life to its residents, offering unparal- Whereas the school became a senior college ate proceed to the consideration of S. leled arts and cultural opportunities for a for men, the first in south Georgia, in 1929; Res. 452, submitted earlier today. city of its size; Whereas the school changed its name in The PRESIDING OFFICER. The Whereas, in 2007 and in 1985, Pittsburgh 1933 to Abraham Baldwin Agricultural Col- clerk will report the resolution by was named America’s Most Livable City, the lege in honor of a Georgia signer of the Con- title. only city in the United States to earn that stitution of the United States and the first honor twice; The legislative clerk read as follows: president of the University of Georgia; Whereas Pittsburgh is commemorating its Whereas the college recorded its all-time A resolution (S. Res. 452) commemorating naming and its impact on the world with highest enrollment during the 2007 fall se- the 250th anniversary of the Naming of Pitts- Pittsburgh 250, a year-long celebration in- mester with 3,665 students from 154 Georgia burgh as the culmination of the Forbes Cam- volving communities in 14 Pennsylvania counties, 12 other States, and 9 countries; paign across Pennsylvania and the signifi- counties, parts of 7 States, and the District Whereas the college has expanded its cur- cance this event played in the making of of Columbia; riculum to include 57 programs of study; America, in the settlement of the continent, Whereas Pittsburgh 250 has connected Whereas the college bears strong witness and in spreading the ideals of freedom and Washington, DC to Pittsburgh by supporting to its roots, with the Division of Agriculture democracy throughout the world. the completion of the Great Allegheny Pas- and Forest Resources remaining the largest There being no objection, the Senate sage Trail, the longest hiking and biking division of study on the 421 acre campus with proceeded to consider the resolution. trail east of the Mississippi and the most ac- over 800 students; Mrs. MURRAY. Madam President, I cessible great trail experience in the world, Whereas Washington Monthly Magazine ask unanimous consent that the reso- providing an important new outdoor rec- named the college as one of the 10 best com- reational asset to the people of the Mid-At- munity colleges in America in 2007; lution be agreed to, the preamble be lantic United States; and Whereas Turfnet Magazine selected the agreed to, and the motions to recon- Whereas Pittsburgh has accomplished all college’s 2-year turfgrass program as the 7th sider be laid upon the table. of these things with an unparalleled history best program of its kind in the United States The PRESIDING OFFICER. Without of public and private partnership: Now, and Canada in 2007; objection, it is so ordered. therefore, be it Whereas the college celebrates among its The resolution (S. Res. 452) was Resolved, That the Senate— alumni the Honorable George T. Smith, the agreed to. (1) recognizes the 250th anniversary of the only man in the history of Georgia to serve The preamble was agreed to. Naming of Pittsburgh, known as a signifi- in elected positions in all 3 branches of State cant event in United States history; government, having served as Lieutenant The resolution, with its preamble, Governor, Speaker of the House of Rep- reads as follows: (2) recognizes that Pittsburgh 250 is organizing the commemoration on behalf of 14 resentatives, and as a justice on the Supreme S. RES. 452 counties in southwestern Pennsylvania; Court of Georgia; and Whereas the Forks of the Ohio at today’s (3) encourages participation for all Ameri- Whereas February 20, 2008, marks the 100th Pittsburgh should forever be remembered as cans to learn how the Forbes Campaign, the anniversary of Abraham Baldwin Agricul- the place where an army of British and Colo- opening of the Gateway to the West, the in- tural College: Now, therefore, be it nial soldiers took control of Fort Duquesne dustrialization of America, and the environ- Resolved, That the Senate— from the French, a turning point in the mental transformation of Pittsburgh helped (1) recognizes the 100th anniversary of French and Indian War, the first world war; to make America; and Abraham Baldwin Agricultural College for Whereas the British victory in the French (4) commends the contributions of those its great contributions to the community and Indian War sowed the seeds of Colonial who have followed trails to Pittsburgh for and to higher education in Georgia; and discontent with British rule, beginning the 250 years to shape the world we live in and (2) recognizes the achievements of the ad- chain of events that led to the American the Nation we have become. ministration, faculty, students, and staff of Revolution; Abraham Baldwin Agricultural College. Whereas the British Army under the lead- f f ership of General John Forbes built the first MEASURES READ THE FIRST road across the Allegheny Mountains, thus RECOGNIZING THE 100TH ANNIVER- securing the Gateway to the West for British SARY OF ABRAHAM BALDWIN TIME—S. 2633 AND S. 2634 and later American settlement; AGRICULTURAL COLLEGE Mrs. MURRAY. Madam President, I Whereas General Forbes and Colonel understand there are two bills at the Mrs. MURRAY. Madam President, I George Washington named the location desk, and I ask for their first reading Pittsburgh, in honor of William Pitt the ask unanimous consent that the Sen- en bloc. Elder; ate proceed to the consideration of S. The PRESIDING OFFICER. The Whereas Fort Pitt provided a safe haven Res. 453, which was submitted earlier clerk will report the bills by title for for peoples from around the world to follow today. in Forbes’ and Washington’s footsteps to the first time. The PRESIDING OFFICER. The The legislative clerk read as follows: travel to Pittsburgh to settle the continent clerk will report the resolution by and to pioneer advancements in industry, A bill (S. 2633) to provide for the safe rede- science, technology, education, the environ- title. ployment of United States troops from Iraq. ment, and the arts; The legislative clerk read as follows: A bill (S. 2634) to require a report setting Whereas Pittsburgh went on to become the A resolution (S. Res. 453) recognizing Feb- forth the global strategy of the United Crucible of the Industrial Revolution, pro- ruary 20, 2008, as the 100th anniversary of States to combat and defeat al Qaeda and its affiliates. ducing glass, steel, and aluminum that have Abraham Baldwin Agricultural College. Mrs. MURRAY. I now ask for a sec- a place in every skyline in the United States, There being no objection, the Senate ond reading en bloc, and I object to my and perfecting the technologies that made it proceeded to consider the resolution. possible for alternating current to illu- own request en bloc. minate the Nation; Mrs. MURRAY. Madam President, I The PRESIDING OFFICER. Objec- Whereas the people of the Pittsburgh re- ask unanimous consent that the reso- tion is heard. The bills will be read for gion pioneered modern philanthropy, imple- lution be agreed to, the preamble be the second time on the next legislative mented the first smoke control regulation, agreed to, and the motions to recon- day. developed the polio vaccine, and conquered sider be laid upon the table. f rejection of transplanted organs, improving The PRESIDING OFFICER. Without countless lives worldwide; objection, it is so ordered. SENATE REPORT 110–259 Whereas Pittsburgh is today a global lead- The resolution (S. Res. 453) was er in such emerging fields as materials Mrs. MURRAY. Madam President, I science, regenerative medicine, nano- agreed to. ask unanimous consent that an errata technology, electro-optics, robotics, data The preamble was agreed to. be printed with respect to Senate Re- storage, computer science, and commercial The resolution, with its preamble, port 110–259, which I now send to the nuclear power; reads as follows: desk.

VerDate Mar 15 2010 13:00 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR08\S13FE8.002 S13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 2 2081 There being no objection, the correc- The PRESIDING OFFICER. Without ORDERS FOR THURSDAY, tion is as follows: objection, it is so ordered. FEBRUARY 14, 2008 On page 74, the heading was incorrectly Mrs. MURRAY. Madam President, I printed. The name of Senator SPECTER f ask unanimous consent that when the should be stricken from the heading listing Senate completes its business today, it senators with ‘‘Minority Views’’. MEASURE READ THE FIRST stand adjourned until 9:30 a.m., Thurs- f TIME—S. 2636 day, February 14; that following the prayer and pledge, the Journal of pro- APPOINTMENT Mrs. MURRAY. Madam President, I ceedings be approved to date, the understand S. 2636 introduced today by The PRESIDING OFFICER. The morning hour be deemed expired, the Chair, on behalf of the Vice President, Senator REID is at the desk. I ask for time for the two leaders be reserved for pursuant to section 5 of title I of Divi- its first reading. their use later in the day, and the Sen- sion H of Public Law 110–161, appoints The PRESIDING OFFICER. The ate resume consideration of S. 1200, the the following Senator as chairman of clerk will report the bill by title. Indian Health Care Improvement Act. The PRESIDING OFFICER. Without the U.S.-Japan Interparliamentary The assistant legislative clerk read Group conference for the 110th Con- objection, it is so ordered. as follows: gress: the Honorable TED STEVENS of f Alaska. A bill (S. 2636) to provide needed housing Mrs. MURRAY. Madam President, I reform. ADJOURNMENT UNTIL 9:30 A.M. TOMORROW suggest the absence of a quorum. Mrs. MURRAY. I now ask for a sec- The PRESIDING OFFICER. The Mrs. MURRAY. If there is no further ond reading, and I object to my own re- clerk will call the roll. business to come before the Senate, I quest. The assistant legislative clerk pro- ask unanimous consent that it stand ceeded to call the roll. The PRESIDING OFFICER. The ob- adjourned under the previous order. Mrs. MURRAY. Madam President, I jection is heard. The bill will be read There being no objection, the Senate, ask unanimous consent that the order the second time on the next legislative at 7:01 p.m., adjourned until Thursday, for the quorum call be rescinded. day. February 14, 2008, at 9:30 a.m.

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The House met at 10 a.m. WELCOMING REV. CHAD EATON It’s time that we bring our troops Rev. Chad Eaton, Biltmore Baptist The SPEAKER. Without objection, home. Church, Arden, North Carolina, offered the gentleman from North Carolina f the following prayer: (Mr. SHULER) is recognized for 1 FIX FISA NOW Gracious Heavenly Father, we ask for minute. Your presence today in this great There was no objection. (Mr. WILSON of South Carolina Chamber. Please bestow upon each Mr. SHULER. Madam Speaker, I asked and was given permission to ad- Representative today divine wisdom want to thank my friend and my broth- dress the House for 1 minute.) and discernment. er in Christ, Chad Eaton, for opening Mr. WILSON of South Carolina. Mr. We stand at a difficult time in the the House of Representatives in prayer Speaker, we need a permanent fix to history, not only of our great Nation, today. the Foreign Intelligence Surveillance but of the world. May the decisions Chad Eaton is the pastor of Sports Act, and we need it now. made here today not only honor the Outreach at Biltmore Baptist Church Our enemies will not take a vacation districts they represent, but first honor in Asheville, North Carolina. if the Protect America Act is left to ex- You. Chad is married to Kim Eaton, and pire. Therefore, it is dangerous for Father, it is because of Your great they have one son, Cole. American families to let our intel- blessing and provision that this Nation Chad has been a great friend to my ligence-gathering capabilities be lim- has prospered in the past. I pray that family and to me, and to the members ited because of a failure by Congress. We face an enemy well equipped to this body recognize its need and con- of our church. I appreciate the dedica- exploit the technologies of the 21st cen- tinued dependence upon You to main- tion he has shown to reaching the tury for their evil purposes. Our intel- tain that blessing. youth in our community for Christ. ligence community knows what it May these Members seek to be serv- I ask my colleagues to welcome Chad needs to combat that enemy and has ants today instead of being served, and as he has led us in prayer this morning. told us on countless occasions. Yet the find favor with You because of their de- f efforts by some to water down a fix to sire to know, honor and serve only God ANNOUNCEMENT BY THE SPEAKER FISA or punish American businesses the Father, with humility, character, The SPEAKER. The Chair will enter- for cooperating with the government and courage. tain up to fifteen 1-minutes on each has brought us to another deadline. We May God once again bless America. side. face the choice of acting to defend this I ask this in the strong name of my country or further delaying a fair solu- Lord and Saviour, Jesus Christ. Amen. f tion. f ARMY CHOOSES TO KEEP I hope we take the bipartisan Senate CRITICAL REPORT SECRET THE JOURNAL bill and pass this fix immediately. (Ms. WATSON asked and was given Let’s get this done to protect American The SPEAKER. The Chair has exam- permission to address the House for 1 families. ined the Journal of the last day’s pro- minute.) In conclusion, God bless our troops, ceedings and announces to the House Ms. WATSON. Madam Speaker, this and we will never forget September the her approval thereof. week we learned that the Army refused 11th. Pursuant to clause 1, rule I, the Jour- to release a report it commissioned f nal stands approved. from the RAND Corporation on the PENTAGON TO KEEP 130,000 f mistakes made in the planning and the implementation of the Iraq war. TROOPS IN IRAQ PLEDGE OF ALLEGIANCE We all know that mistakes were (Mr. CARNAHAN asked and was The SPEAKER. Will the gentleman made. However, it’s important that the given permission to address the House from South Carolina (Mr. WILSON) Bush administration hear from inde- for 1 minute and to revise and extend come forward and lead the House in the pendent voices exactly why the war in his remarks.) Pledge of Allegiance. Iraq did not go as the administration Mr. CARNAHAN. Mr. Speaker, on Mr. WILSON of South Carolina led planned. Monday, Defense Secretary Gates con- the Pledge of Allegiance as follows: The RAND report, uncovered by the firmed what many of us in Congress I pledge allegiance to the Flag of the New York Times earlier this week, have long suspected: The Bush admin- United States of America, and to the Repub- chided both President Bush and then- istration plans to leave nearly 130,000 lic for which it stands, one nation under God, National Security Adviser, Condoleezza troops in Iraq until the day he leaves indivisible, with liberty and justice for all. Rice, for not resolving differences be- office next January. The war in Iraq has been misguided f tween the State Department and the Pentagon. It also highlighted the ad- from the start and mismanaged in its MESSAGE FROM THE SENATE ministration’s failure to develop a sin- prosecution. It has led to a significant A message from the Senate by Ms. gle national plan that integrated ‘‘hu- military readiness crisis, deteriorating Curtis, one of its clerks, announced manitarian assistance, reconstruction conditions in Afghanistan, a readiness that the Senate has passed with an governance, infrastructure develop- crisis for National Guard forces here at amendment in which the concurrence ment and postwar security.’’ home, and a record low standing for us of the House is requested, a bill of the Madam Speaker, the Bush adminis- abroad. House of the following title: tration has a lot of lessons to learn but This month, the Chief of the National refuses to listen to any independent Guard Bureau said that 88 percent of H.R. 3773. An act to amend the Foreign In- telligence Surveillance Act of 1978 to estab- critiques. I would hope the administra- our stateside Guard units are ‘‘very lish a procedure for authorizing certain action would take this report seriously poorly equipped’’ with less than half of quisitions of foreign intelligence, and for and would also conclude that the sta- what they needed to respond to a do- other purposes. tus quo in Iraq cannot continue. mestic crisis. Five years of war in Iraq

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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Yet the Bush admin- fear-mongering against a certain peo- liam Biggs, and council members Mi- istration wants more of the same. ple is becoming more and more preva- chael Lynch and Connie Carr of Kirk- Mr. Speaker, this Democratic-led lent, this day reminds us not to allow wood as well as teacher Christi Layne Congress will continue to fight to this to happen again and to, above all, of Portsmouth, I enter these six names change direction in Iraq and respon- protect everybody’s rights, protect in the RECORD. sibly redeploy our troops home. everybody’s inherent rights in this When will America join me in saying, f country, and not to allow this to hap- Enough is enough? Stop the killings. pen again. CONGRESS WORKS FAST TO AD- f f DRESS ECONOMIC DOWNTURN, b 1015 BUT MORE WORK NEEDS TO BE NATIONAL DAY OF REMEMBRANCE DONE CONGRESS WORKS FAST TO AD- (Ms. HIRONO asked and was given DRESS ECONOMIC DOWNTURN, (Mr. SIRES asked and was given per- permission to address the House for 1 mission to address the House for 1 BUT MORE WORK NEEDS TO BE minute.) DONE minute.) Ms. HIRONO. Mr. Speaker, I rise to Mr. SIRES. Mr. Speaker, economists commemorate February 19, the Na- (Mr. BUTTERFIELD asked and was said if Washington wanted to help tional Day of Remembrance for Japa- given permission to address the House jump-start our Nation’s economy, it nese American internment. for 1 minute.) needed to act fast. That’s exactly what During World War II, fear and mis- Mr. BUTTERFIELD. Mr. Speaker, we did. Congress acted in a strong bi- trust clouded judgment and allowed today President Bush will sign our bipartisan fashion to pass an economic brazen racism to take hold. Sixty-six partisan economic stimulus legislation stimulus plan that will be signed into years ago next week, President Roo- into law. Getting this bill done quickly law by President Bush today. sevelt signed Executive Order 9066, is a victory for the American people The new law will put hundreds of dol- which sent 120,000 American citizens that will inject confidence and con- lars into the hands of more than 130 and legal residents of Japanese descent sumer demands, promote economic million American families, including into internment camps, forcing them growth and create jobs. seniors and disabled veterans, who will to lose their homes, jobs and posses- 130 million low- and middle-income then spend it to reinvigorate our econ- sions. Some of these families were held Americans will receive tax rebates in omy. in internment even while their sons the coming months. These rebates are The law also expands financing op- showed great patriotism by serving in welcome relief to many families who portunities for Americans who are in the Army. In my home State of Hawaii, are struggling in this economy. Family danger of losing their homes because of 10,000 individuals were investigated and incomes and home prices are down as the mortgage crisis and promotes small an estimated 1,250 Japanese Americans health care and energy, food and edu- business investment in plants and were detained in our islands. cation costs and mortgage foreclosures equipment. During trying times such as our Na- have climbed. Economists estimate Mr. Speaker, Democrats are proud tion once again faces, we must not that every dollar included in these re- that we have been able to work so allow prejudice against people based on bate checks will lead to $1.26 in eco- quickly to produce an economic stim- race, creed or national origin to shape nomic growth. The new law should also ulus plan that is timely, targeted and public policy. Fear tests our moral for- help create 500,000 new jobs by year’s temporary. We are also proud of the titude, and this National Day of Re- end. fact that this package provides imme- membrance reminds us to reflect on Mr. Speaker, this economic stimulus diate relief to low- and middle-income our past actions in order to make just package is a good first start, but this families and small businesses that need decisions which uphold our Constitu- Congress will take additional action to the help the most. tion. help American workers and help our We will continue to rebuild and economy recover. We will also develop f strengthen our economy, create good a plan for additional assistance, which jobs, and give relief to families that GUN VIOLENCE could include extension of unemploy- are struggling to make ends meet. (Mr. RUSH asked and was given per- ment benefits, food stamps, State and f mission to address the House for 1 local assistance, and Medicaid. COMMEMORATING THE DAY OF minute and to revise and extend his re- f REMEMBRANCE marks.) Mr. RUSH. Mr. Speaker, I come to RENEWABLE ENERGY TAX (Mr. GRIJALVA asked and was given PACKAGE permission to address the House for 1 the floor of the House today to address minute.) the issue of gun-related violence and (Mrs. CAPPS asked and was given Mr. GRIJALVA. Mr. Speaker, I rise deaths in America. Last Thursday, the permission to address the House for 1 today to commemorate the Day of Re- first day I began this series of state- minute and to revise and extend her remembrance. This marks the 66th anni- ments on the plague of gun violence marks.) versary of the executive order which that’s sweeping our country, two more Mrs. CAPPS. Mr. Speaker, authorized the incarceration of over gun-related incidents captured the Na- ExxonMobil recently announced that 120,000 Americans, primarily of Japa- tion’s attention. they have earned over $40 billion in nese descent, but also Italian and Ger- In Portsmouth, Ohio, an estranged 2007, the highest profits ever for a U.S. man Americans. husband shot and then stabbed his wife company. Of course, we want our U.S. I stand today to remember those that to death on the schoolhouse steps. She companies to succeed in the global were taken from their home and their was a fifth grade teacher, and she died marketplace, but hugely profitable oil communities, citizens and residents of in front of her students. companies certainly don’t need tax- our country that were victims of an The second incident that grabbed payer subsidies, especially as the price unwarranted and unjust political para- headlines that day occurred during a of oil continues to hover at $100 a bar- noia. city council meeting in Kirkwood, Mis- rel. In 1988, Congress apologized for that souri. In that suburban town, the as- I want to urge my colleagues, it was internment and took steps not to allow sailant took the lives of five innocent none other than President Bush who this black mark in our history to hap- people. A sixth victim, Kirkwood said that with oil at $50 a barrel, he pen again. Mayor Michael Swoboda, is still saw no need for the kind of subsidies Mr. Speaker, in rising today, it is clinging to life. And so in a sign of re- put in the 2005 energy bill by the Re- also important to remind ourselves in spect for the victims, Kenneth Yost, publican Congress. My constituents are

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2084 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 fed up that oil companies are reaping United States Congressman Tom Lan- East. That’s a situation we cannot go billions in profits while hardworking tos passed at the age of 80. Last night back to. Americans are suffering from a slowing on this floor, there was an hour of bi- f economy. partisan agreement of what this man ENDING SUBSIDIES FOR BIG OIL Now is the time to level the playing meant to this country and how much AND SUPPORTING RENEWABLE field by removing Big Oil tax breaks we’ve lost. There will be a memorial ENERGY and advancing clean technologies that service tomorrow under the Capitol ro- will create green collar jobs and help tunda. (Mr. WALZ of Minnesota asked and grow our economy, drive down high en- Tom Lantos was a Holocaust sur- was given permission to address the ergy prices, reduce our dependence on vivor who escaped from the Nazis twice House for 1 minute.) dirty and dangerous fossil fuels, and and survived. He helped Jewish people Mr. WALZ of Minnesota. Mr. Speak- curb global warming pollution. survive the Holocaust through the good er, you’ve heard previous speakers this If we are going to give American con- deeds of Raul Wallenberg, and he re- morning talk about the incredible prof- sumers more efficient and cheaper en- membered that. He was a leader in this its of oil companies. The number is $40 ergy options, we need to expand the in- Congress and this Nation on human billion last year. That is the largest centives to invest in renewable and al- rights and civil rights, animal welfare corporate profit in the history of this ternative energy sources. rights, all living creatures. Nation. And meanwhile, as these prof- The House will soon take up legisla- Mr. Speaker, as a freshman Member its are flowing and high energy prices tion to repeal these giveaways and to of Congress, I was befriended by Tom continue to squeeze working-class put our tax dollars to work to create a Lantos, who told me to call him Americans since President Bush took new policy for the 21st century. This ‘‘Tom,’’ which was difficult to do. He office, gas prices are up 109 percent, legislation will significantly move us was such a giant of a man. and home heating prices are up 222 per- toward the goal of energy independ- There are great opportunities to cent. And over that same period of ence. speak out on policy in this body and to time, profits at the oil companies are I urge my colleagues to support this serve in the greatest deliberative body up 313 percent. bill. in the world, but there are human sto- Now, to add insult to injury, in addi- f ries, too. tion to these profits, the oil companies In my opinion, there are two saints are currently receiving tax subsidies CONGRESS WORKS FAST TO AD- that are Members or have been Mem- from the taxpayers of America. House DRESS ECONOMIC DOWNTURN, bers during this term that I have Democrats do not believe that’s right. BUT MORE WORK NEEDS TO BE served. One is Congressman Lantos, In the coming weeks, we are going to DONE and one is Congressman LEWIS. They consider legislation that will end those (Mr. ARCURI asked and was given have overcome great adversity to go to subsidies and transfer it to renewable permission to address the House for 1 great heights. I think this country energy sources. Renewable energy jobs minute and to revise and extend his re- owes a debt of gratitude to the Lantos and investment across America depend marks.) family for his work. He will be sorely on Washington to act on this. Mr. ARCURI. Mr. Speaker, the eco- missed. I was fortunate to serve with Mr. Speaker, by passing this energy nomic stimulus package that President him and to be able to call him a friend. bill, congressional Democrats will Bush will sign into law today is a bi- f lower energy costs, improve national partisan victory for the American peo- security by making us more energy ple. This broad-based stimulus package SHORT-TERM EXTENSION ON independent, and end taxpayer finance will provide tax relief of up to $600 per ELECTRONIC SURVEILLANCE subsidies to the oil companies. LEGISLATION individual and $1,200 per married cou- f ple, plus an additional $300 per child. (Mr. ROYCE asked and was given per- RECOGNIZING THE COURAGE AND Recovery rebate checks could be sent mission to address the House for 1 CHARACTER OF PEOPLE IN THE out to 130 million Americans as early minute.) SOUTH AFTER NATURAL DISAS- as May. Mr. ROYCE. Mr. Speaker, we are TERS The stimulus package includes un- back on the floor today deliberating precedented tax relief for working fam- another short-term extension on elec- (Mrs. BLACKBURN asked and was ilies. The measure provides $32 billion tronic surveillance legislation, and I given permission to address the House in tax relief for 35 million families who would understand a stopgap measure if for 1 minute and to revise and extend work but make too little to pay income we were at an impasse. But yesterday her remarks.) taxes, families who otherwise would the other body passed a bipartisan per- Mrs. BLACKBURN. Mr. Speaker, 1 not have been included in the recovery manent rewrite of this essential na- week ago today, a deadly series of package. This is a critically important tional security legislation. They did it storms rolled across the South bring- provision in the stimulus package be- with 68 votes. They did it overwhelming destruction and heartache to many cause economists say that the tax re- ingly on what some here have called a of my constituents in Tennessee, and I bates that include low- and moderate- contentious issue. Well, 21 Members of rise today to recognize the people af- income families are 24 percent more ef- the majority here have written the fected by these storms in Tennessee, fective as stimulus than rebates that Democratic leadership supporting the Arkansas, Mississippi, Alabama, and leave these families out. Senate’s version. The President has Kentucky, and to commend them for Mr. Speaker, it is our hope that this said he will sign it. the character and determination that stimulus package will help jump-start Mr. Speaker, let’s bring that bill to they displayed and to encourage my our economy so more Americans can the floor and pass it today. If the cur- colleagues to support H. Res. 971 to rec- live the American Dream. rent authority is allowed to lapse 3 ognize that courage and character. f days from now, most experts agree that In visiting the communities that the administration would have to go were hurt by the storms, I drew true HONORING CONGRESSMAN TOM back to the original FISA statute for inspiration from the people that I met. LANTOS new warrants in cases where foreign- In the midst of destruction on an un- (Mr. COHEN asked and was given per- to-foreign communications are routed imaginable scale, shaken and grieving mission to address the House for 1 through the U.S. telecom infrastruc- individuals were pulling together with minute and to revise and extend his re- ture, causing us to miss important in- the spirit of determination and co- marks.) formation on terrorists that are trying operation. Neighbors are helping one Mr. COHEN. Mr. Speaker, this Nation to attack Europe, trying to attack us another, churches and schools are func- lost a great American this week. here, trying to attack in the Middle tioning as headquarters for emergency

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2085 aid, serving hot meals and giving out this bill that will be considered tomor- Mrs. BLACKBURN. Mr. Speaker, on supplies. Emergency responders have row that puts at risk America’s com- that I demand the yeas and nays. proven their mettle, and local and mitment to HIV/AIDS efforts. The yeas and nays were ordered. State officials are focused on how they The Democrat proposal will take a The vote was taken by electronic de- can best move forward. successful bipartisan achievement, do vice, and there were—yeas 3, nays 366, Mr. Speaker, I ask all of my col- away with funding requirements for ab- not voting 59, as follows: leagues to join me in recognizing the stinence, and also mandate the integra- spirit of the people in the community. tion of family planning services into [Roll No. 46] Support H. Res. 971, and I wish each PEPFAR, which would transform the YEAS—3 family well as they rebuild. program potentially into a mega fund- Johnson (IL) Tancredo Tiahrt f ing pool for organizations with an abortion promotion agenda. NAYS—366 ON FISA, PRESIDENT AND REPUB- PEPFAR must not be hijacked in Abercrombie Cuellar Inglis (SC) LICANS PLAY POLITICS WITH Aderholt Davis (AL) Inslee partisanship or domestic public policy Akin Davis (CA) Israel NATIONAL SECURITY issues. We owe the world a bipartisan Alexander Davis (IL) Issa (Mr. PALLONE asked and was given remedy to meet the global AIDS pan- Allen Davis (KY) Jackson (IL) demic that meets the crisis with Amer- Altmire Davis, David Jackson-Lee permission to address the House for 1 Andrews Davis, Lincoln (TX) minute.) ican resources and values, and I urge Arcuri Deal (GA) Jefferson Mr. PALLONE. Mr. Speaker, Presi- my colleagues to work on this legisla- Baca DeGette Johnson (GA) dent Bush and congressional Repub- tion in a bipartisan and compassionate Bachmann Delahunt Johnson, E. B. manner. Bachus DeLauro Johnson, Sam licans are playing politics with our na- Baldwin Dent Jones (NC) tional security. f Barrett (SC) Diaz-Balart, L. Jones (OH) After slowing down the process of Barrow Diaz-Balart, M. Jordan WE MUST PASS THE SENATE Bartlett (MD) Dingell Kagen withholding key documents in the Sen- VERSION OF THE FISA BILL Bean Doggett Kanjorski ate, President Bush and congressional Becerra Donnelly Kaptur Republicans are demanding the House (Mr. MCCAUL of Texas asked and was Berkley Drake Keller take immediate action on a Senate given permission to address the House Berman Dreier Kennedy for 1 minute.) Berry Duncan Kildee FISA bill that just passed the Senate Mr. MCCAUL of Texas. Mr. Speaker, Bilbray Edwards Kilpatrick yesterday. Bilirakis Ehlers Kind we will be engaging today in an impor- The Protect America Act is a law Bishop (GA) Ellison King (IA) tant debate, perhaps the most impor- that was pushed by the President, and Bishop (NY) Ellsworth King (NY) tant debate certainly since I’ve been in Bishop (UT) Emanuel Kingston yet today he says that he will oppose the United States Congress, and that is Blackburn Emerson Kirk Blumenauer English (PA) Klein (FL) any attempts by Congress to extend how to protect the American people, that law for 3 additional weeks. Blunt Eshoo Kline (MN) how can we capture intelligence over- Boehner Etheridge Kucinich The House has passed its own bill, seas to better protect the United Bonner Everett LaHood the RESTORE Act, that will modernize States. Bono Mack Fallin Lamborn FISA by giving the intelligence com- Boozman Farr Lampson I bring to this debate a unique expe- Boren Fattah Langevin munity the tools it needs to track ter- rience. I worked in the Justice Depart- Boswell Feeney Larsen (WA) rorists while protecting the constitu- ment under the Foreign Intelligence Boucher Ferguson Larson (CT) tional rights of innocent Americans. Surveillance Act on FISA’s national Boustany Filner Latham If Congress does not extend the Pro- Boyd (FL) Flake LaTourette security wiretaps. This statute was Boyda (KS) Forbes Latta tect America Act, the intelligence never designed to prohibit us from cap- Brady (PA) Fortenberry Lee community will still have all the tools turing overseas intelligence from for- Brady (TX) Fossella Levin it needs to continue current surveil- Broun (GA) Foxx Lewis (CA) eign targets. If Osama bin Laden is Brown (SC) Frank (MA) Lewis (GA) lance and begin new surveillance on calling in to the United States, we, as Brown, Corrine Franks (AZ) Lewis (KY) any terrorist threat. Americans, have a right to know what Brown-Waite, Frelinghuysen Linder Mr. Speaker, if the President was se- he is saying. Ginny Gallegly Lipinski rious about our national security, he Buchanan Gerlach LoBiondo This is, again, one of the most impor- Burgess Giffords Loebsack would stop playing politics over a very tant debates, and the Senate passed Burton (IN) Gillibrand Lofgren, Zoe serious issue. yesterday a version of this which I urge Butterfield Gingrey Lucas f the House to pass today, and also one Buyer Gonzalez Lungren, Daniel Calvert Goodlatte E. that protects companies, patriotic PEPFAR REAUTHORIZATION Camp (MI) Gordon Lynch companies, who help out the United Campbell (CA) Granger Maloney (NY) (Mr. PENCE asked and was given per- States Government when the United Cannon Graves Manzullo mission to address the House for 1 States Government asks and gives the Cantor Green, Al Marchant Capito Green, Gene Markey minute and to revise and extend his recall to duty to help the United States Capps Grijalva Marshall marks.) in capturing this overseas intelligence. Capuano Gutierrez Matheson Mr. PENCE. Mr. Speaker, I don’t The time to act is now, and extension Cardoza Hall (NY) Matsui need to tell you the HIV/AIDS pan- in terms of intelligence is unaccept- Carnahan Hall (TX) McCarthy (CA) Carney Hare McCarthy (NY) demic has infected more than 60 mil- able. We cannot allow our intelligence Carter Harman McCaul (TX) lion people worldwide, killed more to go dark in many parts of the world. Castle Hastings (FL) McCollum (MN) than 25 million people, orphaned 14 We must pass the Senate version of the Castor Hastings (WA) McCotter Chabot Hayes McDermott million in its wake, and today, nearly FISA bill. Chandler Heller McGovern 70 percent of the people in the world f Clarke Hensarling McHenry who are afflicted with HIV/AIDS reside Clay Herger McHugh 1030 in Africa. b Cleaver Herseth Sandlin McIntyre Clyburn Hill McKeon In 2003, President Bush called on Con- MOTION TO ADJOURN Coble Hinchey McMorris gress to create a program to address Mrs. BLACKBURN. Mr. Speaker, I Cohen Hirono Rodgers the worldwide HIV/AIDS pandemic. move that the House do now adjourn. Conaway Hobson McNerney Conyers Hodes McNulty The President’s Emergency Plan for The SPEAKER pro tempore (Mr. Cooper Hoekstra Meek (FL) AIDS Relief, known as PEPFAR, was JACKSON of Illinois). The question is on Costa Holden Meeks (NY) an extraordinary bipartisan achieve- the motion to adjourn. Costello Holt Melancon ment of compassion, and unfortu- The question was taken; and the Courtney Hooley Mica Cramer Hoyer Michaud nately, the majority in Congress has Speaker pro tempore announced that Crenshaw Hulshof Miller (FL) put forth a reauthorization drafted to the noes appeared to have it. Crowley Hunter Miller (MI)

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2086 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Miller (NC) Rogers (KY) Solis PROVIDING FOR CONSIDERATION MOTION TO ADJOURN Miller, Gary Rogers (MI) Space OF H.R. 5349, PROTECT AMERICA Mitchell Rohrabacher Stearns Mr. HASTINGS of Washington. Mr. Moore (KS) Ros-Lehtinen Stupak ACT OF 2007 EXTENSION Speaker, I move that the House do now Moran (KS) Roskam Sutton Moran (VA) Ross Tanner Mr. ARCURI. Mr. Speaker, by direc- adjourn. Murphy (CT) Rothman Tauscher tion of the Committee on Rules, I call The SPEAKER pro tempore. The Murphy, Patrick Roybal-Allard Terry up House Resolution 976 and ask for its question is on the motion to adjourn. Murphy, Tim Royce Thompson (CA) immediate consideration. Murtha Rush Thompson (MS) The question was taken; and the Myrick Ryan (WI) Thornberry The Clerk read the resolution, as fol- Speaker pro tempore announced that Nadler Salazar Tiberi lows: the noes appeared to have it. Napolitano Sali Tsongas H. RES. 976 Neal (MA) Sa´ nchez, Linda Turner Mr. HASTINGS of Washington. Mr. Neugebauer T. Udall (CO) Resolved, That upon the adoption of this Speaker, on that I demand the yeas Nunes Sanchez, Loretta Udall (NM) resolution it shall be in order to consider in and nays. Oberstar Sarbanes Upton the House the bill (H.R. 5349) to extend the The yeas and nays were ordered. Obey Saxton Van Hollen Protect America Act of 2007 for 21 days. All The vote was taken by electronic de- Olver Schakowsky Vela´ zquez points of order against consideration of the Pallone Schiff Visclosky bill are waived except those arising under vice, and there were—yeas 7, nays 364, Pascrell Schmidt Walberg not voting 57, as follows: Pastor Schwartz Walden (OR) clause 9 or 10 of rule XXI. The bill shall be Paul Scott (GA) Walsh (NY) considered as read. All points of order [Roll No. 47] Payne Scott (VA) Walz (MN) against provisions of the bill are waived. The YEAS—7 Pearce Sensenbrenner Wamp previous question shall be considered as or- Pence Serrano Wasserman dered on the bill to final passage without in- Dicks Johnson (IL) Tiahrt Doolittle King (IA) Perlmutter Sessions Schultz tervening motion except: (1) one hour of de- Petri Sestak Waters Hastings (WA) Shimkus Pitts Shadegg Watson bate, with 40 minutes equally divided and Poe Shays Watt controlled by the chairman and ranking mi- NAYS—364 Pomeroy Shea-Porter Welch (VT) nority member of the Committee on the Ju- Abercrombie Clay Graves Porter Sherman Weller diciary and 20 minutes equally divided and Ackerman Cleaver Green, Al Price (GA) Shimkus Westmoreland controlled by the chairman and ranking mi- Aderholt Clyburn Green, Gene Price (NC) Shuler Wexler nority member of the Permanent Select Akin Coble Grijalva Putnam Shuster Wilson (NM) Committee on Intelligence; and (2) one mo- Alexander Cohen Gutierrez Ramstad Simpson Wilson (OH) Allen Cole (OK) Hall (NY) Regula Sires Wilson (SC) tion to recommit. Altmire Conaway Hall (TX) Rehberg Skelton Wittman (VA) SEC. 2. During consideration of H.R. 5349 Arcuri Conyers Hare Reichert Slaughter Wolf pursuant to this resolution, notwithstanding Baca Cooper Harman Reynolds Smith (NE) Woolsey the operation of the previous question, the Bachmann Costello Hayes Richardson Smith (TX) Wu Chair may postpone further consideration of Baird Courtney Heller Rodriguez Smith (WA) Yarmuth the bill to such time as may be designated by Baldwin Cramer Hensarling Rogers (AL) Snyder Young (FL) the Speaker. Barrett (SC) Crenshaw Herger Barrow Crowley Herseth Sandlin NOT VOTING—59 The SPEAKER pro tempore. The gen- Bartlett (MD) Cuellar Higgins Barton (TX) Culberson Hill Ackerman Hinojosa Rangel tleman from New York is recognized Bean Cummings Hinchey Baird Honda Renzi for 1 hour. Becerra Davis (AL) Hirono Barton (TX) Knollenberg Reyes Mr. ARCURI. Mr. Speaker, for pur- Berkley Davis (CA) Hobson Biggert Kuhl (NY) Ruppersberger Berry Davis (KY) Hodes Braley (IA) Lowey poses of debate only, I yield the cus- Ryan (OH) Biggert Davis, David Hoekstra Cole (OK) Mack tomary 30 minutes to the gentleman Smith (NJ) Bilbray Davis, Lincoln Holden Cubin Mahoney (FL) Souder from Washington (Mr. HASTINGS). All Bilirakis Deal (GA) Holt Culberson McCrery Spratt Bishop (GA) DeFazio Hooley Cummings Miller, George time yielded during consideration of Stark Bishop (NY) DeGette Hoyer Davis, Tom Mollohan the rule is for debate only. Sullivan Bishop (UT) Dent Hulshof DeFazio Moore (WI) Taylor GENERAL LEAVE Blackburn Diaz-Balart, L. Hunter Dicks Musgrave Blumenauer Diaz-Balart, M. Inglis (SC) Doolittle Ortiz Tierney Mr. ARCURI. Mr. Speaker, I ask Blunt Dingell Inslee Doyle Peterson (MN) Towns unanimous consent that all Members Boehner Doggett Israel Engel Peterson (PA) Waxman have 5 legislative days within which to Bonner Donnelly Issa Garrett (NJ) Pickering Weiner Bono Mack Drake Jackson (IL) Gilchrest Platts Weldon (FL) revise and extend their remarks and in- Boozman Dreier Jackson-Lee Gohmert Pryce (OH) Whitfield (KY) sert extraneous materials into the Boren Duncan (TX) Goode Radanovich Wynn RECORD. Boswell Ehlers Jefferson Higgins Rahall Young (AK) The SPEAKER pro tempore. Is there Boucher Ellison Johnson (GA) objection to the request of the gen- Boustany Ellsworth Johnson, E. B. (1056) tleman from New York? Boyd (FL) Emanuel Jones (NC) Boyda (KS) Emerson Jordan There was no objection. Mrs. BLACKBURN, Messrs. ISRAEL, Brady (PA) English (PA) Kagen Mr. ARCURI. Mr. Speaker, I yield Brady (TX) Eshoo Kanjorski SHULER, TURNER, McNERNEY, SAM myself such time as I may consume. Braley (IA) Etheridge Kaptur JOHNSON of Texas, HASTINGS of Mr. Speaker, House Resolution 976 Broun (GA) Everett Keller Washington, PUTNAM, CHABOT, Brown (SC) Fallin Kennedy provides for further consideration of SMITH of Washington, SESTAK, Brown-Waite, Fattah Kildee H.R. 5349, which extends the Protect Ginny Feeney Kilpatrick BACHUS, SMITH of Texas, SCOTT of America Act of 2007 for 21 days under a Buchanan Ferguson Kind Georgia, CARDOZA, FATTAH, BRADY Burgess Filner King (NY) closed rule. of Pennsylvania, KINGSTON, INGLIS Burton (IN) Flake Kingston of South Carolina, Ms. KILPATRICK, Butterfield Forbes Kirk b 1100 Buyer Fortenberry Kline (MN) and Mrs. MYRICK changed their vote Calvert Fossella Kucinich from ‘‘yea’’ to ‘‘nay.’’ The rule provides 1 hour of debate, Camp (MI) Foxx Kuhl (NY) with 40 minutes equally divided and Campbell (CA) Franks (AZ) LaHood So the motion to adjourn was re- Cantor Frelinghuysen Lamborn jected. controlled by the chairman and rank- Capito Gallegly Lampson ing minority member of the Committee Capps Garrett (NJ) Langevin The result of the vote was announced on the Judiciary and 20 minutes equal- Capuano Gerlach Larsen (WA) as above recorded. Cardoza Giffords Larson (CT) ly divided and controlled by the chair- Carney Gillibrand Latham Stated against: man and ranking member of the Per- Carter Gingrey LaTourette Mr. COLE of Oklahoma. Mr. Speaker, I was manent Select Committee on Intel- Castle Gonzalez Latta unavoidably detained and missed rollcall vote ligence. Castor Goode Lee Chabot Goodlatte Levin No. 46. Had I been present, I would have Mr. Speaker, I reserve the balance of Chandler Gordon Lewis (CA) voted ‘‘nay’’ on the motion to adjourn. my time. Clarke Granger Lewis (GA)

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2087 Linder Pallone Shuler PROVIDING FOR CONSIDERATION tion would help keep our country safe Lipinski Pascrell Shuster OF H.R. 5349, PROTECT AMERICA from attack and should be acted on im- LoBiondo Pastor Sires Loebsack Paul Slaughter ACT OF 2007 EXTENSION mediately and sent to the President to Lofgren, Zoe Payne Smith (NE) The SPEAKER pro tempore. The gen- be signed into law. Lucas Pearce Smith (NJ) Mr. Speaker, House Democrat leaders Lungren, Daniel Pence tleman from Washington (Mr. Smith (TX) need to stop dragging their feet. They E. Perlmutter Smith (WA) HASTINGS) is recognized. Lynch Peterson (MN) Snyder Mr. HASTINGS of Washington. Mr. need to end their delaying tactics, in- Mack Peterson (PA) Solis Speaker, I want to thank the gen- deed, to let the House vote on the Sen- Mahoney (FL) Petri Space Maloney (NY) Pitts tleman from New York (Mr. ARCURI) ate-approved measure. Today, I am Spratt Manzullo Platts going to give Members of the House an Stark for yielding me the customary 30 min- Markey Poe Stearns utes, and I yield myself such time as I opportunity to support the bipartisan Marshall Pomeroy measure that the Senate passed just Matheson Porter Stupak may consume. Matsui Price (GA) Sullivan Mr. Speaker, the intent of the origi- yesterday. If the previous question is McCarthy (CA) Price (NC) Sutton nal 1978 FISA law was to enhance defeated, I will amend the rule to allow McCarthy (NY) Putnam Tancredo Americans’ security while at the same the House an opportunity to concur McCaul (TX) Rahall Tanner McCollum (MN) Ramstad Tauscher time protecting Americans’ privacy. with the Senate amendments. By ap- McCotter Regula Terry Recognizing that no responsibility of proving the Senate amendments, the McDermott Rehberg Thompson (CA) the Federal Government is more im- bill can become law before the current McGovern Reichert Thompson (MS) portant than providing for the defense extension expires in just a few days. McHenry Reynolds Thornberry McHugh Richardson Tiberi and security of the American people, We don’t need to close the terrorist McIntyre Rodriguez Tsongas Congress should be doing all it can to loophole just temporarily, Mr. Speak- McKeon Rogers (KY) Turner ensure that FISA continues to reflect er. We need to close it permanently and McMorris Rogers (MI) Udall (CO) the intent of the original law. update our Nation’s surveillance laws Rodgers Rohrabacher Udall (NM) McNerney Ros-Lehtinen Upton In the nearly 30 years since FISA be- in order to protect our Nation from an- McNulty Roskam Van Hollen came law, we have seen tremendous ad- other terrorist attack. Meek (FL) Ross Vela´ zquez vances in communications technology, Mr. Speaker, I urge my colleagues to Meeks (NY) Rothman Visclosky such as the Internet, cell phones, and vote against the previous question so Melancon Roybal-Allard Walberg Mica Royce that we can permanently close the Walden (OR) e-mail. However, under the original Michaud Rush Walz (MN) FISA law, our intelligence officials are loophole. Miller (FL) Ryan (WI) Wamp Mr. Speaker, I reserve the balance of Miller (MI) Salazar not free to monitor foreign terrorists, Wasserman Miller, Gary Sa´ nchez, Linda Mr. Speaker, in foreign countries, my time. Schultz Miller, George T. Waters without a court order, because of ad- Mr. ARCURI. Mr. Speaker, I yield Mitchell Sanchez, Loretta vances, as I mentioned, in communica- myself such time as I may consume. Mollohan Sarbanes Watson Moore (KS) Saxton Watt tions technology. I thank my colleague from Wash- Moore (WI) Schakowsky Welch (VT) Mr. Speaker, let me repeat again: Be- ington for his insightful history on the Moran (KS) Schiff Weller cause of advances in technology, our Westmoreland FISA bill. I would submit that I agree Murphy (CT) Schmidt intelligence officials are not free to with him that the FISA bill is nec- Murphy, Patrick Schwartz Wexler Murphy, Tim Scott (GA) Whitfield (KY) monitor foreign terrorists in foreign essary for the security of America. No Murtha Scott (VA) Wilson (NM) countries. It is clear that the law is one questions that. No one on our side Musgrave Sensenbrenner Wilson (OH) outdated and must be modernized to of the aisle questions that. The ques- Myrick Serrano Wilson (SC) Nadler Sessions Wittman (VA) reflect changes in communications tion that we do have is does the Senate Napolitano Sestak Wolf technology over the past three decades. bill actually take away some of the lib- Neal (MA) Shadegg Woolsey In August, Congress, in a bipartisan erty that is so necessary to the Amer- Neugebauer Shays Wu manner, took an important step to ican people. Nunes Shea-Porter Yarmuth Oberstar Sherman Young (FL) close our Nation’s intelligence gap. The All we are asking for is an extension Protect America Act passed only after of 21 days. When you think about it in NOT VOTING—57 repeated attempts by Republicans to the grand scheme of things, 21 days to Andrews Hastings (FL) Rangel give our Nation’s intelligence profes- make a determination whether or not Bachus Hinojosa Renzi Berman Honda Reyes sionals the tools and authority they this bill continues to give the Amer- Brown, Corrine Johnson, Sam Rogers (AL) need to protect our homeland. This ac- ican people the liberty that they have Cannon Jones (OH) Ruppersberger tion was long overdue, and this law had for over 200 years, that is not a lot Carnahan Klein (FL) Ryan (OH) marked a significant step forward in Costa Knollenberg Sali to ask for. I would much rather have 21 Cubin Lewis (KY) Simpson improving our national security. But, days, keep the bill in effect but extend Davis (IL) Lowey Skelton unfortunately, Democrats forced these it for 21 days, knowing full well that Davis, Tom Marchant Souder needed technology tools to expire in 6 the end product is something that not Delahunt McCrery Taylor DeLauro Miller (NC) Tierney months. only ensures our security but guaran- Doyle Moran (VA) Towns In November, the House Democrat tees our liberty. Edwards Obey Walsh (NY) leaders brought legislation to the floor Mr. Speaker, I reserve the balance of Engel Olver Waxman that does not go far enough to reform Farr Ortiz Weiner my time. outdated FISA laws. It weakens Ameri- Frank (MA) Pickering Weldon (FL) b 1130 Gilchrest Pryce (OH) Wynn cans’ privacy protection and fails to Gohmert Radanovich Young (AK) permanently close our Nation’s intel- Mr. HASTINGS of Washington. Mr. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ligence gap. A bipartisan, permanent Speaker, I am pleased to yield 5 min- The SPEAKER pro tempore (during solution is needed that shows all Amer- utes to the gentleman from Michigan the vote). Members are advised there icans and our enemies that the United (Mr. HOEKSTRA), ranking member of are 2 minutes remaining in this vote. States is truly committed to closing the House Intelligence Committee. our Nation’s intelligence gap. Mr. HOEKSTRA. I thank my col- b 1123 Yesterday, the Senate acted in a bi- league for yielding. Mrs. BIGGERT and Messrs. RUSH partisan manner by a vote of 68–29 to I think they are absolutely right, we and VAN HOLLEN changed their vote permanently close the terrorist loop- need to take a look at this in the big- from ‘‘yea’’ to ‘‘nay.’’ hole and ensure that intelligence offi- ger context. We have to set the stage So the motion to adjourn was re- cials are able to monitor communica- for how we got to this point. jected. tions of suspected terrorists overseas It’s September 12, 2001. The President The result of the vote was announced such as Osama bin Laden and other al is meeting with his advisers. They’re as above recorded. Qaeda leaders. This commonsense solu- trying to identify exactly what this

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2088 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 threat is from al Qaeda, how serious is that they would say, what are the civil tioned whether we should extend the this threat, what other activities or at- liberty implications of this? You know, constitutional protections of the tacks might they be planning against how are we using these tools? Where fourth amendment to people who are the United States. And the President does it fit within the legal framework foreigners in a foreign country talking says: I need my intelligence and mili- of America to keep us safe? And who’s to each other. tary folks to get the answers to these going to be working on this program? The temporary fix that we made in kinds of questions. Tell me what the Who do we need to partner with? And August needs to be made permanent, threat is and tell me what the tools are there might have been certain compa- and we need to move forward with a that I need to implement to keep nies or individuals that were identified permanent law that allows our intel- America safe. as saying, these folks are going to part- ligence agencies to listen to foreigners They come back with a series of rec- ner with us and have partnered with us in foreign countries without a warrant ommendations, saying here’s what we because they can help provide us with while protecting the civil liberties of know, here’s what we don’t know about the information that will keep us safe Americans. That’s what we passed in the threat. They come back and say, and do it in a legal way. August. That’s what the Rockefeller- here are the different options that are Since that time, and since this pro- Bond bill does from the Senate, and available to us to get the information gram became public, there has been all they passed it last night. We passed a that might be able to answer some of kinds of accusations out there. But the 6-month bill in August. We had 6 these questions. bottom line is, there may have been months to review this. And then when The President and his leadership people, there may have been companies that deadline passed on the 1st of Feb- team consider the various options. and corporations that, when the Presi- ruary, they said, well, just give us an- They say, you know, we need to bring dent and Congress went to them and other 15 days. We gave them another 15 Congress into this to take a look at ex- said, we need your help to keep Amer- days and they said, well, we really actly what tools we’re going to imple- ica safe, they may have stepped up to haven’t had the time to look at this ment and make sure that we do this in the plate and provided us with the as- paper. a bipartisan basis and we do it in a sistance that we knew that on a bipar- You’ve had almost 7 months. The basis that is consistent with American tisan basis the executive branch and time is now to get serious about our values and American law. Congress said, we need to do this, and national security and giving our intel- On October 25, the President and Vice we need to do it in a way that protects ligence agencies the tools they need to President convene a meeting. The civil liberties, and we need to do it in prevent the next terrorist attack. President’s national security team a way that is legal and consistent with- The Senate passed the Rockefeller- comes up and they say, here’s the tool in the law. Bond bill last night by a vote of 68–29. that perhaps can be used. The chair- And the bottom line is, this is dealt It makes permanent the authorities man of the House Intelligence Com- with in the Senate bill. They recog- that we passed in August of last year mittee is there. The Chair of the Sen- nized the help. They don’t throw these to listen to foreigners in foreign coun- ate Intelligence Committee is there. people under the bus after we asked tries without a warrant. We spy on our The ranking minority member of them to help. enemies. We try to find out what their HPSCI is at the meeting. She’s accom- Mr. ARCURI. Mr. Speaker, I appre- plans are so that we can stop them panied by the vice chairman of the ciate my colleague’s passion on this from killing Americans. Senate Intelligence Committee. That’s issue. Certainly it is the type of issue That Rockefeller-Bond bill also pro- right. Back in October of 2001, the that elicits real passion from people. vides protection from lawsuits for the Speaker of the House was briefed on But I think we as a body need to be American companies that stepped up to the various tools that could be used to sure that the steps that we take are de- the plate when this country was in cri- keep America safe. liberative and thoughtful. Certainly re- sis. In good faith, those American com- November 14, 21⁄2 weeks later, the acting to an issue such as this in a pas- panies partnered with the U.S. Govern- chairman of HPSCI, the ranking mem- sionate way may deprive us of taking ment, under instructions from that ber, yeah, that’s right, the current the necessary steps that we need to en- government, from our own govern- Speaker of the House, was briefed on sure that the liberty of our citizens is ment, to move forward and to help us the tools that were available and could kept intact. to prevent another terrorist attack. be used, the chairman of the Senate In- Again, I would just point out that And, ironically, they cannot defend telligence Committee, the vice chair- this bill is asking for an additional 21 themselves against lawsuits because man. days within which Congress can con- the government says to do so would March of 2002, the chairman of tinue to review the documents that we violate state secrets. It would give HPSCI, the ranking minority member have asked for that we have only re- away secrets to our enemies. So of HPSCI, that’s right, the current cently received to make a determina- they’re stuck in court not even being Speaker of the House, was in the meet- tion, again, a deliberative determina- able to defend themselves. ing. tion based upon facts and reasons and The cooperation that is being pro- June of 2002, the chairman of HPSCI, not on passion. tected here in the Rockefeller-Bond the ranking minority member of I reserve the balance of my time. bill is long established in criminal law HPSCI, that’s right, again, the current Mr. HASTINGS of Washington. Mr. and should certainly extend to the na- Speaker of the House is brought in, is Speaker, I am pleased to yield 4 min- tional security realm. briefed on this program, and said this utes to the gentlewoman from New Today, I circulated a letter from 21 is the tool that we want to use, this is Mexico (Mrs. WILSON), also a member bipartisan attorneys general sup- the tool that we need to use to keep of the Intelligence Committee. porting these lawsuit protection provi- America safe. Mrs. WILSON of New Mexico. Mr. sions. Our intelligence agencies and Four times in about 9 months, the Speaker, one of the most important their partners in private industry need current Speaker of the House was laws that is preventing another ter- certainty, the telecommunications briefed on this program, about what rorist attack in this country will ex- companies whom we depend upon to co- the tool was, the kind of information pire on Friday. It expires on Friday. operate need certainty, and our intel- that we were expecting to get and, My colleague from New York says, ligence agents need certainty that after a period of time, the information well, we just need to take enough time we’re not going to keep operating our that we were collecting that would and be deliberative and so on. My col- intelligence community on a month-to- keep America safe. league from New York didn’t vote for month basis. I was not in those meetings. I was the temporary fix that we passed in In August we closed an intelligence not one of the select group of people August. In fact, in an exchange with gap, a vital gap that has been now that was informed. You would think him that I remember so well, he ques- closed, and the changes that we made

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2089 have already provided intelligence that his 45 years in the House when an ad- Samaritan law makes sense, a Good the Director of National Intelligence, ministration has asked Congress to Samaritan law much like what we do Admiral Mike McConnell, has said provide immunity to anyone or any- to allow people to respond to an acci- have helped us to disrupt terrorist at- thing without telling us why. The dent without having to fear that they tacks. House is not opposed to granting such will be sued for medical malpractice. Intelligence is the first line of de- immunity, but if we are going to act, And in some circumstances, does that fense in protecting this country then we need to know why. mean that maybe one out of 1,000 times against terrorism. I would urge my col- Mr. Speaker, we are on the verge of there might be medical malpractice for leagues to allow a vote today on the passing long-term FISA reform, but it which you can’t be sued? Yes. But we Rockefeller-Bond legislation, do not will take time because there are very do it because the overall good of the allow this bill to expire, and stand up real differences between the positions country is enhanced by giving incen- and protect this country. of the majority Members of this body tives to people to help their neighbor. Mr. ARCURI. Mr. Speaker, my col- and the Senate and the White House. That is what happened here. We have league seems to be asking us to rely Those who come to the floor today to either an incentive or a disincentive upon assurances given to us by this ad- delay this extension and engage in a for companies and individuals to re- ministration, this same administration manufactured obstructionism, which spond to their country and act in good that has told us about weapons of mass has become so symbolic of the congres- faith. That is what is at stake here, destruction, the same administration sional Republicans, are doing a great whether or not we are going to be safer that told us that Iran was building a disservice to this Nation. or whether or not we are going to play nuclear bomb. And then she asks why these political games to support a bill b 1145 we are skeptical about taking the word that you all voted against. of the administration. We will overcome this obstruc- Mr. HASTINGS of Washington. I am As my colleague knows, the House tionism, and we will use the next 3 pleased to yield 2 minutes to the gen- passed the RESTORE Act last Novem- weeks to reconcile our differences and tleman from Texas (Mr. MCCAUL). ber. It was not until last night that the come to the American people with a Mr. MCCAUL of Texas. Mr. Speaker, Senate passed a bill reauthorizing and bill that protects our homeland with- today Congress is engaged in an impor- reforming the Foreign Intelligence out sacrificing our civil liberties. tant debate, perhaps the most impor- Surveillance Act. The bill is signifi- Mr. Speaker, I reserve the balance of tant debate certainly in recent years. cantly different than the one we passed my time. Our most solemn obligation to this in November. Mr. HASTINGS of Washington. Mr. country is to protect the American As is the case when the House and Speaker, I am pleased to yield 2 min- citizenry. In my view our colleagues on the the Senate have differing bills, it is ap- utes to the former attorney general of other side of the aisle are playing a propriate for the two to meet and rec- the State of California, Mr. LUNGREN. dangerous political game, and the oncile their differences. That is exactly Mr. DANIEL E. LUNGREN of Cali- American people are the pawns in this what we intend to do in a bipartisan fornia. Mr. Speaker, I rise to oppose game. I bring to the Congress a unique and bicameral way. this rule. Let’s think about what we experience. I worked in the Justice De- However, as my colleagues also are talking about. The majority is ask- partment under the FISA statute. I know, the President’s preferred surveil- ing us to extend for 21 days a bill that have worked on national security wire- lance law is set to expire on Saturday. they don’t support, a bill that they taps, and I can tell you that the stat- The underlying bill will extend that overwhelmingly voted against, a bill ute was never intended to cover foreign law for 3 weeks and give the House and that they said harmed the American targets in a foreign country. And if Senate Judiciary and Intelligence people, a bill that they said somehow Osama bin Laden is on the phone call- Committees time to work toward a doesn’t protect civil liberties. Now, ing into the United States, I think the why do they want to extend it for 21 conference agreement. Additionally, it American people want us to pay atten- days if it is terrible? Perhaps there is will also give our Members, Republican tion to that and to listen to that con- some mischief in the air. Perhaps what and Democrat, time to review reams of versation. highly classified materials which were they really want to do is to continue to Intelligence, good intelligence has only provided to us by the White House kick this can down the road so that fi- stopped every threat to this country in recent days, despite requests dating nally in the war of attrition we will since 9/11. Intelligence is the first line back all the way to May, 8 months ago. give up and say, you know, those peo- of defense in the war on terror. With- These materials are absolutely critical ple who helped us, those companies re- out that, we cannot prevail in this war as the House considers the request ferred to by Mr. HOEKSTRA that re- on terror, and we need to protect the which has been made by the White sponded to a request by the United American companies who we ask to House to grant what amounts to a States Government to help us in our protect the United States and the blanket transactional immunity to time of need, that is immediately after American people. telecommunications companies who 9/11, we are not going to help them. They stood up to the plate, and it is participated in the Bush administra- Remember what the greatest criti- our time to stand up to the plate and tion’s warrantless surveillance plan cism of the 9/11 Commission was of gov- now protect them. They were doing without any explanation of what that ernment in all of its aspects, it was their patriotic duty in a time of war immunity is for. While the President that we fail to connect the dots. What when America asked them. has been quick to call on Congress to does that mean? We failed to put to- If we do not protect them, then what act, it is he who has continued to ig- gether intelligence information or to company, American or otherwise, will nore countless congressional requests gather that intelligence information dare help the United States of America for information about the actions of and put it together in a way that made in its greatest time of need, in a time his administration. sense that would give us a forewarning of peril, in a time of war. As a former State attorney, I know of what was about to take place. And Yesterday, the Senate passed the firsthand that not even a first-year they said it is not good enough to rely FISA bill, which included this immu- prosecutor would even entertain the on the criminal justice system to gath- nity and also protects Americans. I say idea of granting immunity without er evidence after the fact to prosecute we put that bill on the floor, let’s pass knowing what that immunity is for somebody. No, in a war on terror what that bill and let’s make the Protect and who that immunity is being grant- you want to do is to prevent the ter- America Act permanent. Now is the ed to. rorist act in the first place. time, not 21 days from now, not several From his seat, the chairman of the So what we have here is a difference months from now. For the American Judiciary Committee noted last night on that side of the aisle and this side of people, let’s pass and protect the Amer- in Rules that he cannot recall a time in the aisle in which we believe a Good ican people now.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2090 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Mr. ARCURI. Mr. Speaker, I would I used to be an FBI agent, and every we are asking for today: 21 days to en- submit to my colleague that the only day in this country there is an FBI sure that we are able to look over the dangerous political game that is being agent who goes up to somebody, an av- recommendations, to look over the ma- played here is the attempt to cast this erage citizen, it may be a coworker, it terial that has recently been forwarded as a political game. There is no such may be a neighbor, it may be somebody to us by this administration to ensure attempt being made by anyone in the who owns a small business, it might be that we are not only protecting and se- Democratic Party. The only attempt somebody who owns a big business, and curing this country, but rather that we we are making is to give us time to go says, We need your cooperation to are also doing it in a way that protects through the material that has only re- catch child pornographers, and here is our liberty. cently been given to us with the simple the evidence. Will you cooperate with Mr. Speaker, I yield 3 minutes to the objective of ensuring that we get a bill your Nation? And we do it every single gentleman from New Jersey (Mr. which keeps our country safe and guar- day, and great Americans stand up HOLT), a member of the Intelligence antees the liberty of our people. every single day and say, Yes, I will. I Committee. Mr. Speaker, I reserve the balance of will go after child pornographers with Mr. HOLT. Mr. Speaker, I thank the my time. you. I will go after crack dealers sell- gentleman. Mr. HASTINGS of Washington. Mr. ing the drugs to our kids with you. I Mr. LUNGREN and others who have Speaker, I am pleased to yield 2 min- will go after murderers who murder our spoken are right in one respect, yes, utes to a Member who for 6 years was children in the streets of America, and most of the House of Representatives the chairman of the Subcommittee on I will stand with you and cooperate so voted not for the Protect America Act Constitutions of the Judiciary Com- we can eliminate the dangers from our but rather for a substitute that we mittee, the gentleman from Ohio (Mr. communities. passed, a very good piece of legislation, CHABOT). And you know what the government that would indeed protect Americans, Mr. CHABOT. Mr. Speaker, I rise in did? It went and said, Hey, to whatever known as the RESTORE Act. That strong opposition to this rule and to business it was, small, big, large, we passed the House. It should be the law. the underlying bill before us. Last Au- had people kill 3,000 people, murdered, We do not need the Protect America gust, Congress passed and the Presi- on one day. And you know what, they Act to protect Americans, the so-called dent signed into law a bill that pro- are coming back. Will you cooperate Protect America Act. We do not need it vides our law enforcement and intel- with your government to stop the next to keep from going dark. But what we ligence community with the tools round of murders? do need is the time and the attention needed to protect this country, to pro- But we play a very dangerous game. to get this right. This is a serious, seri- tect the United States. It is about civil liberties. Then why did ous matter about protecting the safety The events of September 11, 2001, ex- we pass the bill before, and before that? of Americans but also about the defini- posed gaps in our intelligence-gath- Because there is civil liberty protection, the relationship between the peo- ering activities, particularly those oc- tion in this bill. It is a farce. ple of this country and their govern- curring outside the United States. What is at risk here is the future cer- ment. Since that tragic day, the administra- tainty by our intelligence agencies and There has been a fundamental shift tion has worked with Congress to en- every single American who wonders: If under the Protect America Act in the sure that every tool in our arsenal is I cooperate against a criminal of any relationship between the people of this available to those who are charged sort, a terrorist, are they coming to country and their government. It is with keeping our country safe, includ- get me next? whether or not the government regards ing working with telecommunications We need to refocus on who the bad the ordinary American with suspicion companies and allowing officials to guys are. It is not the companies who first. Think about it. gather intelligence from potential for- cooperated with their government. If The reason this country and our lib- eign terrorists outside this country. you are a small business selling insur- erty has survived so well is because the These two aspects of the PAA have ance or you are washing windows, it is government understands they are sub- been critical in protecting the United the terrorists who threaten the lives of servient to the people. The government States from actual or potential ter- Americans. has understood that they treat the peo- rorist attacks or sabotage. Oversight We ought to be proud of every Amer- ple with respect, their bosses, and do by the FISA Court and minimization ican who has the courage in a dan- not regard them with suspicion first. procedures approved by the courts en- gerous world to stand up and say: I will To be able to seize, search, intercept sure that such activities do not go be- stand with you, United States of Amer- without having to demonstrate to an yond their scope. ica, to get the true enemy, the bad independent judge that you know what Last night, the Senate passed bipar- guys, al Qaeda, terrorists, crack deal- you are doing is a sign of disrespect. It tisan legislation that would maintain ers, child pornographers, and every- is a sign of suspicion. It is, in fact, a re- these critical features enabling the in- body in between. definition of the makeup of this coun- telligence and law enforcement com- I urge the strong rejection of this try. munities to continue with its critical rule, and let’s get back to business and So if we need time to get this right, work. give them the tools to keep us safe. let’s take the time. We don’t need the I urge my colleagues to defeat this Mr. ARCURI. Mr. Speaker, I think Protect America Act to keep us from rule and immediately take up and pass my colleague, you know, obviously going dark, and I would argue we cer- the Senate bill so that law enforcement raises a good point. As a former FBI tainly don’t need it, as they argue, to and the intelligence communities con- agent, he was very concerned, he is protect Americans from those who tinue to have the necessary tools to very concerned, and he continues to be would do us harm. We have offered that keep the American people safe. very concerned with doing the right protection in the RESTORE Act. Let’s Mr. ARCURI. Mr. Speaker, I continue thing, getting the people who are get this right. to reserve the balance of my time. breaking the laws, hurting our children Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Washington. Mr. and who are putting our citizens in Speaker, I am pleased to yield 2 min- Speaker, I am pleased to yield 2 min- jeopardy. But no one in this Chamber utes to another member of the Intel- utes to the gentleman from Michigan has the market cornered on that. That ligence Committee, the gentleman (Mr. ROGERS), a member of the Intel- is something that I think universally from Texas (Mr. THORNBERRY). ligence Committee. throughout this Chamber there is a Mr. THORNBERRY. Mr. Speaker, I Mr. ROGERS of Michigan. Mr. strong desire to fulfill. That is why we thank the gentleman for yielding. Speaker, this is really almost going be- are here. We are here to protect and de- I think the comments from the last yond the pale of irresponsible and get- fend our citizens and to protect and de- speaker are very enlightening on this ting into dangerous. fend our Constitution, and that is all debate because we have heard for

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2091 month after month the same argu- services have all the tools necessary to Mr. HASTINGS of Washington. Mr. ments made time and time again, and track terrorists overseas, terrorists Speaker, I would ask my friend from the bottom line is there are a number who want to do us harm. Our Nation New York if he has any more speakers. of Members who are not for these au- has not been attacked since September Mr. ARCURI. I have no further thorities that allow our national secu- 11, in large part because of our ability speakers. rity professionals to listen to terrorist to detect and disrupt terrorist plots be- Mr. HASTINGS of Washington. And communications. And there are a num- fore they’ve had a chance to carry out so the gentleman is prepared to close ber of people who would just as soon let their evil acts. FISA is essential to after I close? the Protect America Act expire and let those efforts. Mr. ARCURI. Yes, sir. it go out of effect. As the gentleman Why do some ignore history? Why do Mr. HASTINGS of Washington. Mr. who just spoke said, we don’t need it to some ignore the mindset of the likes of Speaker, I yield myself the balance of protect the country. al Qaeda and others? Why do some the time. Mr. Speaker, the tragic events of want to weaken our ability to disrupt a b 1200 September 11, 2001 taught us many les- terrorist attack before it occurs? Why sons. One of the lessons we learned But there are others of us who be- do some put our soldiers, sailors, air- that day was that our Nation must re- lieve that we do need such authorities men and marines in harm’s way or at main aggressive in our fight against to protect the country, and a very risk? international terrorism. We must al- large number of Members of the other Last year we modernized the Foreign ways stay one step ahead of those who body have just voted on a proposal that Intelligence Surveillance Act only wish to harm our fellow Americans. would do that. after the National Intelligence Direc- Now is not the time to tie the hands of And so my position, Mr. Speaker, is tor told Congress that we were ‘‘miss- our intelligence community. The mod- give us a chance to vote on it. We hear ing a significant amount of foreign in- ernization of foreign intelligence sur- excuse after excuse. We need more doc- telligence that we should be protecting uments, we need more information, we veillance into the 21st century is a crit- to protect our country.’’ What about ical national security priority. need more legal opinions, we need 14 those consequences? days, we need 21 days. But we have Mr. Speaker, I am very pleased that Preventing the destruction of the several of my colleagues on the other been debating the same issues month Brooklyn Bridge is but one example. side of the aisle agree with that assess- after month. Nothing has changed. No More tragically is the case of Spe- ment. On January 28, 2008, less than 3 more information, no document is cialist Alex Jiminez of Queens, New weeks ago, 21 members of the Blue Dog going to change the basic position the York. Last May, Specialist Jiminez Coalition sent a letter to Speaker country stands in today and, that is, a was taken hostage by al Qaeda in Iraq. PELOSI in support of the Rockefeller- law expires on Friday, and if the people Information had been secured on one of Bond FISA legislation. The letter for whom we have given the responsi- the possible kidnappers, but intel- states, and I quote, ‘‘The Rockefeller- bility to protect the country are to do ligence experts were hamstrung by the Bond FISA legislation contains satis- their job, that law is going to have to outdated version of FISA. It prevented factory language addressing all these be made permanent so they can count them from conducting surveillance on issues and we would fully support that on it, not dribbling it out a few weeks terrorists in a foreign nation without measure should it reach the House at a time, not treating them the way first obtaining a warrant. As the kid- floor without substantial change. We we treat soldiers in Iraq and Afghani- nappers acted, lawyers sat around a believe these components will ensure a stan by giving them funding just a few conference table here in Washington strong national security apparatus months at a time, but giving them the for 10 hours debating and drafting legal that can thwart terrorism across the authority they need to do their job. briefs to establish probable cause to globe and save American lives here in I suggest the best way to do that is conduct the surveillance. While the to bring up the bill that has already our country.’’ lawyers debated, losing precious time, Mr. Speaker, that was a letter sent passed the Senate by an overwhelming Specialist Jiminez most likely was to Speaker PELOSI less than 2 weeks bipartisan majority and give us a killed. They’ve yet to find the body and ago by the members of the Democrat chance to vote on it. There will be that of his colleague. Blue Dog Coalition. some Members who vote ‘‘no.’’ They Let’s stop kicking the can down the think we don’t need that authority. CONGRESS OF THE UNITED STATES, road. This is not a game we can afford Washington, DC, January 28, 2008. They think the Protect America Act is to lose. DEAR MADAM SPEAKER: Legislation reform- not needed. But I suggest a majority Mr. ARCURI. I thank my friend and ing the Foreign Intelligence Surveillance will vote ‘‘yes’’ and it will pass and the colleague from New York for his state- Act (FISA) is currently being considered by country will be safer. ments. the Senate. Following the Senate’s passage Mr. ARCURI. Mr. Speaker, I continue Mr. Speaker, I would like to point of a FISA bill, it will be necessary for the to reserve my time. out that the speakers on the other side House to quickly consider FISA legislation Mr. HASTINGS of Washington. Mr. continue to try to couch this argument to get a bill to the President before the Pro- tect America Act expires in February. Speaker, I am pleased to yield 2 min- in a way and frame it in such a way It is our belief that such legislation should utes to the gentleman from New York that makes it appear that people on include the following provisions: Require in- (Mr. FOSSELLA). our side, the Democrats, don’t care dividualized warrants for surveillance of U.S. Mr. FOSSELLA. Mr. Speaker, I rise about the security of this country in citizens living or traveling abroad; Clarify in opposition to the rule. the way that they do. And it’s obvious that no court order is required to conduct You know, kicking the can may be a that nothing could be further from the surveillance of foreign-to-foreign commu- fun game when there’s nothing to do truth. nications that are routed through the United and there are no consequences at States; Provide enhanced oversight by Con- Simply by extending the FISA bill gress of surveillance laws and procedures; stake. But when it comes to national for 21 days to ensure that we have all Compel compliance by private sector part- security and protecting the American the information that is out there and ners; Review by FISA Court of minimization people, providing the right tools to all the information that is available procedures; Targeted immunity for carriers those on the front lines in the war and that we have an opportunity to go that participated in anti-terrorism surveil- against terrorism, kicking the can through it in a thoughtful way doesn’t lance programs. could be a fatal bargain. mean that we have less concern for se- The Rockefeller-Bond FISA legislation Congress continues to kick the can curity but, rather, an equal amount of contains satisfactory language addressing all these issues and we would fully support that down the road on a key tool that has concern for security and also for the measure should it reach the House floor kept this country safe since September liberty of the American people. without substantial change. We believe these 11. The other body closed a loophole in Mr. Speaker, I reserve the balance of components will ensure a strong national se- FISA that will ensure intelligence my time. curity apparatus that can thwart terrorism

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2092 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 across the globe and save American lives Mr. Speaker, if we have learned any- acquisitions of foreign intelligence, and for here in our country. thing since the terrorist attacks of other purposes, with Senate amendment It is also critical that we update the FISA September 11, it is that the balance be- thereto, shall be considered to have been laws in a timely manner. To pass a long- tween security and civil liberties is not taken from the Speaker’s table. A motion term extension of the Protect America Act, that the House concur in the Senate amend- as some may suggest, would leave in place a only difficult, it’s absolutely critical. ment shall be considered as pending in the limited, stopgap measure that does not fully Providing this 3-week extension will do House without intervention of any point of address critical surveillance issues. We have nothing to block or hinder the efforts order. The Senate amendment and the mo- it within our ability to replace the expiring of our intelligence community. Quite tion shall be considered as read. The motion Protect America Act by passing strong, bi- the contrary, it enhances their ability shall be debatable for one hour equally di- partisan FISA modernization legislation to do their jobs effectively and ensures vided and controlled by the Majority Leader that can be signed into law and we should do the integrity of their efforts because it and the Minority Leader or their designees. so—the consequences of not passing such a gives us time to get these reforms The previous question shall be considered as measure could place our national security at ordered on the motion to final adoption undue risk. right. without intervening motion. Sincerely, I want to remind my colleagues that ‘‘Sec. 2. It’’. Leonard L. Boswell, ———, Mike Ross, voting to defeat the previous question (2) Redesignate section 2 as section 3. Bud Cramer, Heath Shuler, Allen Boyd, is a vote to deny the administration (The information contained herein was Dan Boren, Jim Matheson, Lincoln the ability to utilize its existing au- provided by Democratic Minority on mul- Davis, Tim Holden, Dennis Moore, Earl thority under law to assess threats, tiple occasions throughout the 109th Con- Pomeroy, Melissa L. Bean, John Bar- gather intelligence and protect the gress.) row, Joe Baca, John Tanner, Jim Coo- freedom and security of every Amer- per, Zachary T. Space, Brad Ellsworth, THE VOTE ON THE PREVIOUS QUESTION: WHAT Charlie Melancon, Christopher P. Car- ican. IT REALLY MEANS ney. Twenty-one days isn’t a long time. Mr. Speaker, it is unfortunate that And based on the sensitivity and public This vote, the vote on whether to order the previous question on a special rule, is not House Democrat leaders chose to bring interest in this issue, we owe that to the American people and the framers of merely a procedural vote. A vote against or- a 21-day extension bill to the floor in- dering the previous question is a vote stead of the bipartisan measure that the Constitution to strike a fair balance that allows us to protect the civil against the Democratic majority agenda and passed the Senate by a vote of 68–29. I a vote to allow the opposition, at least for might add, Mr. Speaker, those Sen- liberties of Americans and to provide the moment, to offer an alternative plan. It ators had the information that has the administration the tools and re- is a vote about what the House should be de- been alluded to several times on the sources to protect our Nation from an- bating. floor today. other terrorist attack. Twenty-one Mr. Clarence Cannon’s Precedents of the To make our country safer, Congress days is a fair request. House of Representatives, (VI, 308–311) de- needs to act. The House should vote on I urge a ‘‘yes’’ vote on the previous scribes the vote on the previous question on question and on the rule. the rule as ‘‘a motion to direct or control the the Senate measure, but the Democrat consideration of the subject before the House leaders have chosen instead to use Mr. SAXTON. Mr. Speaker, I rise in opposition to this 21-day extension to FISA. If Con- being made by the Member in charge.’’ To delay tactics. The only reason I can defeat the previous question is to give the see, Mr. Speaker, that we are not vot- gress does not act this week, critical tools that opposition a chance to decide the subject being on the Senate measure is the fear allow our intelligence officials to monitor ter- fore the House. Cannon cites the Speaker’s of the leaders on the other side of the rorist communications overseas will expire. ruling of January 13, 1920, to the effect that aisle that this bipartisan bill will pass. We not let that happen! ‘‘the refusal of the House to sustain the de- But today, I will attempt to give all As we all know, yesterday, the Senate ap- mand for the previous question passes the control of the resolution to the opposition’’ Members of the House an opportunity proved a comprehensive, long term, bipartisan bill by a vote of 68–29 to close the terrorist in order to offer an amendment. On March to vote on this bipartisan, long-term 15, 1909, a member of the majority party of- modernization of FISA. I call on all my loophole in our intelligence laws. Their bill represents a strong compromise between Con- fered a rule resolution. The House defeated colleagues, including members of the the previous question and a member of the aforementioned Blue Dog Coalition gress and the Administration. It is a respon- opposition rose to a parliamentary inquiry, that signed the letter to Speaker sible plan for protecting our nation against the asking who was entitled to recognition. PELOSI on January 28, to join with me threats of terrorism. Speaker Joseph G. Cannon (R–Illinois) said: in defeating the previous question so The intelligence community needs a long- ‘‘The previous question having been refused, term fix to gaps in our intelligence laws—not the gentleman from New York, Mr. Fitz- that we can immediately move to con- gerald, who had asked the gentleman to cur in the Senate amendment and send a 21-day delay. After 7 months of stalling and a 15-day extension, passage of another short- yield to him for an amendment, is entitled to the bill to the President to be signed the first recognition.’’ into law. We need to do that before the term extension is irresponsible, when we have a long-term solution ready to be voted on. Because the vote today may look bad for current law expires, making our Nation the Democratic majority they will say ‘‘the The Senate has passed a strong, bipartisan at greater risk. vote on the previous question is simply a Mr. Speaker, I ask unanimous con- bill. The House must now act quickly to pass vote on whether to proceed to an immediate sent to have the text of the amendment the Senate’s bill and send it to the President. vote on adopting the resolution.... [and] and extraneous material inserted into Failing to do so is effectively failing to protect has no substantive legislative or policy im- our country. plications whatsoever.’’ But that is not what the RECORD prior to the vote on the I urge my colleagues to vote against this ex- they have always said. Listen to the defini- previous question. tion of the previous question used in the The SPEAKER pro tempore (Mr. tension, and instead immediately pass the Senate’s version of the bill so we can send Floor Procedures Manual published by the HOLDEN). Is there objection to the re- Rules Committee in the 109th Congress, quest of the gentleman from Wash- this important bill to the President. The material previously referred to (page 56). Here’s how the Rules Committee ington? described the rule using information from There was no objection. by Mr. HASTINGS of Washington is as Congressional Quarterly’s ‘‘American Con- Mr. HASTINGS of Washington. I urge follows: gressional Dictionary’’: ‘‘If the previous my colleagues to vote ‘‘no’’ on the pre- AMENDMENT TO H. RES. 976 OFFERED BY MR. question is defeated, control of debate shifts vious question and give us an oppor- HASTINGS OF WASHINGTON to the leading opposition member (usually tunity to vote on a bipartisan, perma- (1) Strike ‘‘That upon the adoption of this the minority Floor Manager) who then man- resolution it’’ and insert the following: ages an hour of debate and may offer a ger- nent solution that closes this terrorist ‘‘That upon adoption of this resolution, be- mane amendment to the pending business.’’ loophole in the FISA Act. fore consideration of any order of business Deschler’s Procedure in the U.S. House of Mr. Speaker, I yield back the balance other than one motion that the House ad- Representatives, the subchapter titled of my time. journ, the bill (H.R. 3773) to amend the For- ‘‘Amending Special Rules’’ states: ‘‘a refusal Mr. ARCURI. I thank my colleague eign Intelligence Surveillance Act of 1978 to to order the previous question on such a rule from Washington for his comments. establish a procedure for authorizing certain [a special rule reported from the Committee

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2093 on Rules] opens the resolution to amend- Murphy, Patrick Sa´ nchez, Linda Tanner NOT VOTING—23 Murtha T. Tauscher ment and further debate.’’ (Chapter 21, sec- Bishop (GA) Honda Renzi Nadler Sanchez, Loretta Taylor tion 21.2) Section 21.3 continues: Upon rejec- Clay Jones (OH) Reyes Napolitano Sarbanes Thompson (CA) tion of the motion for the previous question Doolittle Lowey Ruppersberger Neal (MA) Schakowsky Thompson (MS) on a resolution reported from the Committee Doyle Marchant Ryan (OH) Oberstar Schiff Tierney on Rules, control shifts to the Member lead- Engel Mitchell Towns Obey Schwartz Tsongas Gilchrest Ortiz Waxman ing the opposition to the previous question, Olver Scott (GA) Udall (CO) Herger Pickering Wynn who may offer a proper amendment or mo- Pallone Scott (VA) Udall (NM) Hinojosa Pryce (OH) tion and who controls the time for debate Pascrell Serrano Van Hollen thereon.’’ Pastor Sestak Vela´ zquez b 1237 Clearly, the vote on the previous question Payne Shea-Porter Visclosky on a rule does have substantive policy impli- Perlmutter Sherman Walz (MN) Messrs. SULLIVAN and DONNELLY cations. It is one of the only available tools Peterson (MN) Shuler Wasserman changed their vote from ‘‘yea’’ to for those who oppose the Democratic major- Pomeroy Sires Schultz ‘‘nay.’’ ity’s agenda and allows those with alter- Price (NC) Skelton Waters Mr. MELANCON changed his vote native views the opportunity to offer an al- Rahall Slaughter Watson from ‘‘nay’’ to ‘‘yea.’’ ternative plan. Rangel Smith (WA) Watt Richardson Snyder Weiner So the previous question was ordered. Mr. ARCURI. Mr. Speaker, I yield Rodriguez Solis Welch (VT) The result of the vote was announced back the balance of my time, and I Ross Space Wexler as above recorded. move the previous question on the res- Rothman Spratt Wilson (OH) Mr. HASTINGS of Washington. Mr. Roybal-Allard Stark Woolsey olution. Rush Stupak Wu Speaker, I move to reconsider the vote. The SPEAKER pro tempore. The Salazar Sutton Yarmuth MOTION TO TABLE OFFERED BY MR. ARCURI question is on ordering the previous Mr. ARCURI. Mr. Speaker, I move to question. NAYS—195 table the motion to reconsider. The question was taken; and the Aderholt Fossella Musgrave The SPEAKER pro tempore (Mr. Akin Foxx Myrick Speaker pro tempore announced that HOLDEN). The question is on the motion the noes appeared to have it. Alexander Franks (AZ) Neugebauer Altmire Frelinghuysen Nunes to table. Mr. ARCURI. Mr. Speaker, on that I Bachmann Gallegly Paul The question was taken; and the demand the yeas and nays. Bachus Garrett (NJ) Pearce Speaker pro tempore announced that Barrett (SC) Gerlach Pence The yeas and nays were ordered. the ayes appeared to have it. The SPEAKER pro tempore. Pursu- Bartlett (MD) Gingrey Peterson (PA) Barton (TX) Gohmert Petri RECORDED VOTE ant to clause 9 of rule XX, the Chair Biggert Goode Pitts Mr. HASTINGS of Washington. Mr. will reduce to 5 minutes the minimum Bilbray Goodlatte Platts Speaker, I demand a recorded vote. time for any electronic vote on the Bilirakis Granger Poe Bishop (UT) Graves Porter A recorded vote was ordered. question of adopting the resolution. Blackburn Hall (TX) Price (GA) The SPEAKER pro tempore. This The vote was taken by electronic de- Blunt Hayes Putnam will be a 5-minute vote. vice, and there were—yeas 210, nays Boehner Heller Radanovich The vote was taken by electronic de- 195, not voting 23, as follows: Bonner Hensarling Ramstad Bono Mack Hill Regula vice, and there were—ayes 206, noes 194, [Roll No. 48] Boozman Hobson Rehberg not voting 28, as follows: YEAS—210 Boustany Hoekstra Reichert Brady (TX) Hulshof Reynolds [Roll No. 49] Abercrombie Davis (IL) Jefferson Broun (GA) Hunter Rogers (AL) AYES—206 Ackerman Davis, Lincoln Johnson (GA) Brown (SC) Inglis (SC) Rogers (KY) Allen DeFazio Johnson, E. B. Brown-Waite, Issa Rogers (MI) Abercrombie Davis (AL) Jefferson Andrews DeGette Kagen Ackerman Davis (CA) Johnson (GA) Ginny Johnson (IL) Rohrabacher Arcuri Delahunt Kanjorski Allen Davis (IL) Johnson, E. B. Buchanan Johnson, Sam Ros-Lehtinen Baca DeLauro Kaptur Andrews Davis, Lincoln Jones (OH) Burgess Jones (NC) Roskam Baird Dicks Kennedy Arcuri DeFazio Kagen Burton (IN) Jordan Royce Baldwin Dingell Kildee Baca DeGette Kanjorski Buyer Keller Ryan (WI) Barrow Doggett Kilpatrick Baird Delahunt Kaptur Calvert King (IA) Sali Bean Edwards Kind Baldwin DeLauro Kennedy Camp (MI) King (NY) Saxton Becerra Ellison Klein (FL) Barrow Dicks Kildee Campbell (CA) Kingston Schmidt Berkley Ellsworth Kucinich Bean Dingell Kilpatrick Cannon Kirk Sensenbrenner Berman Emanuel Langevin Becerra Doggett Kind Cantor Kline (MN) Sessions Berry Eshoo Larsen (WA) Berman Edwards Klein (FL) Capito Shadegg Bishop (NY) Etheridge Larson (CT) Knollenberg Berry Ellison Kucinich Carney Shays Blumenauer Farr Lee Kuhl (NY) Bishop (NY) Ellsworth Langevin Boren Fattah Levin Carter LaHood Shimkus Blumenauer Eshoo Larsen (WA) Boswell Filner Lewis (GA) Castle Lamborn Shuster Boren Etheridge Larson (CT) Boucher Frank (MA) Lipinski Chabot Lampson Simpson Boswell Farr Lee Boyd (FL) Giffords Loebsack Coble Latham Smith (NE) Boucher Fattah Levin Boyda (KS) Gillibrand Lofgren, Zoe Cole (OK) LaTourette Smith (NJ) Boyd (FL) Filner Lewis (GA) Brady (PA) Gonzalez Lynch Conaway Latta Smith (TX) Boyda (KS) Frank (MA) Lipinski Braley (IA) Gordon Mahoney (FL) Crenshaw Lewis (CA) Souder Brady (PA) Giffords Lofgren, Zoe Brown, Corrine Green, Al Maloney (NY) Cubin Lewis (KY) Stearns Braley (IA) Gillibrand Lynch Butterfield Green, Gene Markey Culberson Linder Sullivan Brown, Corrine Gonzalez Mahoney (FL) Capps Grijalva Marshall Davis (KY) LoBiondo Tancredo Butterfield Gordon Maloney (NY) Capuano Gutierrez Matheson Davis, David Lucas Terry Capps Green, Al Markey Cardoza Hall (NY) Matsui Davis, Tom Lungren, Daniel Thornberry Capuano Green, Gene Marshall Carnahan Hare McCarthy (NY) Deal (GA) E. Tiahrt Cardoza Grijalva Matheson Castor Harman McCollum (MN) Dent Mack Tiberi Carnahan Gutierrez Matsui Chandler Hastings (FL) McDermott Diaz-Balart, L. Manzullo Turner Castor Hall (NY) McCarthy (NY) Clarke Hastings (WA) McGovern Diaz-Balart, M. McCarthy (CA) Upton Chandler Hare McCollum (MN) Cleaver Herseth Sandlin McIntyre Donnelly McCaul (TX) Walberg Clarke Harman McGovern Clyburn Higgins McNerney Drake McCotter Walden (OR) Clay Hastings (FL) McIntyre Cohen Hinchey McNulty Dreier McCrery Walsh (NY) Cleaver Herseth Sandlin McNerney Conyers Hirono Meek (FL) Duncan McHenry Wamp Clyburn Higgins McNulty Cooper Hodes Meeks (NY) Ehlers McHugh Weldon (FL) Cohen Hinchey Meeks (NY) Costa Holden Melancon Emerson McKeon Weller Conyers Hirono Melancon Costello Holt Michaud English (PA) McMorris Westmoreland Cooper Hodes Michaud Courtney Hooley Miller (NC) Everett Rodgers Whitfield (KY) Costa Holden Miller (NC) Cramer Hoyer Miller, George Fallin Mica Wilson (NM) Costello Holt Miller, George Crowley Inslee Mollohan Feeney Miller (FL) Wilson (SC) Courtney Hooley Mitchell Cuellar Israel Moore (KS) Ferguson Miller (MI) Wittman (VA) Cramer Hoyer Mollohan Cummings Jackson (IL) Moore (WI) Flake Miller, Gary Wolf Crowley Inslee Moore (KS) Davis (AL) Jackson-Lee Moran (VA) Forbes Moran (KS) Young (AK) Cuellar Israel Moore (WI) Davis (CA) (TX) Murphy (CT) Fortenberry Murphy, Tim Young (FL) Cummings Jackson (IL) Moran (VA)

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2094 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Murphy (CT) Sa´ nchez, Linda Tauscher NOT VOTING—28 Moran (VA) Rush Sutton Murphy, Patrick T. Taylor Murphy (CT) Salazar Tanner Berkley Jackson-Lee Pryce (OH) Murtha Sanchez, Loretta Thompson (CA) Murphy, Patrick Sa´ nchez, Linda Tauscher Bishop (GA) (TX) Renzi Sarbanes Murtha T. Nadler Thompson (MS) Doolittle Loebsack Taylor Reyes Nadler Sanchez, Loretta Napolitano Schakowsky Tierney Doyle Lowey Thompson (CA) Ruppersberger Napolitano Sarbanes Neal (MA) Schiff Tsongas Emanuel Marchant Thompson (MS) Ryan (OH) Neal (MA) Schakowsky Oberstar Schwartz Udall (CO) Engel McDermott Tierney Towns Oberstar Schiff Obey Scott (GA) Udall (NM) Gilchrest Meek (FL) Tsongas Walsh (NY) Obey Schwartz Olver Scott (VA) Van Hollen Herger Neugebauer Udall (CO) Waxman Olver Scott (GA) Pallone Serrano Vela´ zquez Hinojosa Ortiz Udall (NM) Wynn Pascrell Sestak Visclosky Honda Pickering Pallone Scott (VA) Van Hollen Pascrell Serrano Pastor Shea-Porter Walz (MN) Vela´ zquez Pastor Sestak Payne Sherman Wasserman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Visclosky Payne Shea-Porter Perlmutter Shuler Schultz The SPEAKER pro tempore (during Walz (MN) Perlmutter Sherman Sires Peterson (MN) Waters the vote). Members are advised there Peterson (MN) Sires Wasserman Skelton Pomeroy Watson are 2 minutes remaining in this vote. Pomeroy Skelton Schultz Price (NC) Slaughter Watt Price (NC) Slaughter Waters Rahall Smith (WA) Weiner Rahall Smith (WA) Watson Rangel Snyder Welch (VT) b 1244 Rangel Snyder Watt Solis Richardson Wexler So the motion to table was agreed to. Richardson Solis Weiner Rodriguez Space Wilson (OH) Rodriguez Space Wexler Ross Spratt Woolsey The result of the vote was announced Ross Spratt Wilson (OH) Rothman Stark Wu as above recorded. Rothman Stark Woolsey Roybal-Allard Stupak Yarmuth Stated for: Roybal-Allard Stupak Yarmuth Rush Sutton Mr. EMANUEL. Mr. Speaker, I was absent Salazar Tanner NOES—199 from the Chamber for rollcall vote 49. Had I NOES—194 been present, I would have voted ‘‘aye.’’ Aderholt Garrett (NJ) Neugebauer Akin Gerlach Nunes Aderholt Fossella Murphy, Tim The SPEAKER pro tempore. The Alexander Gingrey Paul Akin Foxx Musgrave question is on the resolution. Bachmann Gohmert Pearce Alexander Franks (AZ) Myrick The question was taken; and the Barrett (SC) Goode Pence Altmire Frelinghuysen Nunes Speaker pro tempore announced that Bartlett (MD) Goodlatte Peterson (PA) Bachmann Gallegly Paul Barton (TX) Granger Petri Bachus Garrett (NJ) Pearce the ayes appeared to have it. Biggert Graves Pitts Barrett (SC) Gerlach Pence RECORDED VOTE Bilbray Hall (TX) Platts Bartlett (MD) Gingrey Peterson (PA) Bilirakis Hayes Poe Barton (TX) Gohmert Mr. HASTINGS of Washington. Mr. Bishop (UT) Heller Petri Porter Biggert Goode Blackburn Hensarling Pitts Speaker, I demand a recorded vote. Price (GA) Bilbray Goodlatte Blunt Herger Platts A recorded vote was ordered. Putnam Bilirakis Granger Boehner Hill Poe Radanovich Bishop (UT) Graves The SPEAKER pro tempore. This Bonner Hobson Porter Ramstad Blackburn Hall (TX) will be a 5-minute vote. Bono Mack Hoekstra Price (GA) Regula Blunt Hastings (WA) Putnam The vote was taken by electronic de- Boozman Holt Boehner Hayes Boustany Hulshof Rehberg Radanovich vice, and there were—ayes 206, noes 199, Reichert Bonner Heller Ramstad Brady (TX) Hunter Bono Mack Hensarling not voting 23, as follows: Broun (GA) Inglis (SC) Reynolds Regula Rogers (AL) Boozman Hill Rehberg [Roll No. 50] Brown (SC) Issa Boustany Hobson Brown-Waite, Johnson (IL) Rogers (KY) Reichert AYES—206 Rogers (MI) Brady (TX) Hoekstra Reynolds Ginny Johnson, Sam Broun (GA) Hulshof Abercrombie Cuellar Jackson-Lee Buchanan Jones (NC) Rohrabacher Rogers (AL) Ros-Lehtinen Brown (SC) Hunter Rogers (KY) Ackerman Cummings (TX) Burgess Jordan Roskam Brown-Waite, Inglis (SC) Rogers (MI) Allen Davis (AL) Jefferson Burton (IN) Keller Ginny Issa Altmire Davis (CA) Johnson (GA) Buyer King (IA) Royce Rohrabacher Buchanan Johnson (IL) Andrews Davis (IL) Johnson, E. B. Calvert King (NY) Ryan (WI) Ros-Lehtinen Burgess Johnson, Sam Arcuri Davis, Lincoln Jones (OH) Camp (MI) Kingston Sali Roskam Burton (IN) Jones (NC) Baca DeGette Kagen Campbell (CA) Kirk Saxton Royce Buyer Jordan Baird Delahunt Kanjorski Cannon Kline (MN) Schmidt Ryan (WI) Calvert Keller Baldwin DeLauro Kaptur Cantor Knollenberg Sensenbrenner Sali Camp (MI) King (IA) Barrow Dicks Kennedy Capito Kucinich Sessions Saxton Campbell (CA) King (NY) Bean Dingell Kildee Carter Kuhl (NY) Shadegg Schmidt Cannon Kingston Becerra Doggett Kilpatrick Castle LaHood Shays Sensenbrenner Cantor Kirk Berkley Donnelly Kind Chabot Lamborn Shimkus Sessions Capito Kline (MN) Berman Edwards Klein (FL) Coble Lampson Shadegg Shuler Carney Knollenberg Berry Ellison Langevin Cole (OK) Latham Shuster Carter Kuhl (NY) Shays Bishop (NY) Ellsworth Larsen (WA) Conaway LaTourette Shimkus Simpson Castle LaHood Blumenauer Emanuel Larson (CT) Crenshaw Latta Smith (NE) Chabot Lamborn Shuster Boren Eshoo Lee Cubin Lewis (CA) Simpson Smith (NJ) Coble Lampson Boswell Etheridge Levin Culberson Lewis (KY) Smith (TX) Cole (OK) Latham Smith (NE) Boucher Farr Lewis (GA) Davis (KY) Linder Smith (NJ) Souder Conaway LaTourette Boyd (FL) Fattah Lipinski Davis, David LoBiondo Stearns Crenshaw Latta Smith (TX) Boyda (KS) Filner Loebsack Davis, Tom Lucas Souder Sullivan Cubin Lewis (CA) Brady (PA) Frank (MA) Lofgren, Zoe Deal (GA) Lungren, Daniel Tancredo Culberson Lewis (KY) Stearns Braley (IA) Giffords Lynch DeFazio E. Terry Davis (KY) Linder Sullivan Brown, Corrine Gonzalez Mahoney (FL) Dent Mack Thornberry Davis, David LoBiondo Tancredo Butterfield Gordon Maloney (NY) Diaz-Balart, L. Manzullo Tiahrt Davis, Tom Lucas Terry Capps Green, Al Markey Diaz-Balart, M. Marchant Tiberi Deal (GA) Lungren, Daniel Thornberry Capuano Green, Gene Marshall Drake McCarthy (CA) Turner Dent E. Tiahrt Cardoza Grijalva Matheson Dreier McCaul (TX) Diaz-Balart, L. Mack Tiberi Carnahan Gutierrez Matsui Duncan McCotter Upton Diaz-Balart, M. Manzullo Turner Carney Hall (NY) McCarthy (NY) Ehlers McCrery Walberg Donnelly McCarthy (CA) Upton Castor Hare McCollum (MN) Emerson McHenry Walden (OR) Drake McCaul (TX) Walberg Chandler Harman McDermott English (PA) McHugh Walsh (NY) Dreier McCotter Walden (OR) Clarke Hastings (FL) McGovern Everett McKeon Wamp Duncan McCrery Wamp Clay Hastings (WA) McNerney Fallin McMorris Weldon (FL) Ehlers McHenry Weldon (FL) Cleaver Herseth Sandlin McNulty Feeney Rodgers Weller Emerson McHugh Weller Clyburn Higgins Meek (FL) Ferguson Mica Westmoreland English (PA) McKeon Westmoreland Cohen Hinchey Meeks (NY) Flake Michaud Whitfield (KY) Everett McMorris Whitfield (KY) Conyers Hirono Melancon Forbes Miller (FL) Wilson (NM) Fallin Rodgers Wilson (NM) Cooper Hodes Miller (NC) Fortenberry Miller (MI) Wilson (SC) Feeney Mica Wilson (SC) Costa Holden Miller, George Fossella Miller, Gary Wittman (VA) Ferguson Miller (FL) Wittman (VA) Costello Hoyer Mitchell Foxx Moran (KS) Wolf Flake Miller (MI) Wolf Courtney Inslee Mollohan Franks (AZ) Murphy, Tim Wu Forbes Miller, Gary Young (AK) Cramer Israel Moore (KS) Frelinghuysen Musgrave Young (AK) Fortenberry Moran (KS) Young (FL) Crowley Jackson (IL) Moore (WI) Gallegly Myrick Young (FL)

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2095 NOT VOTING—23 Loebsack Oberstar Smith (WA) Tiahrt Walsh (NY) Wilson (NM) Lofgren, Zoe Obey Snyder Tiberi Wamp Wilson (SC) Bachus Honda Reyes Lynch Olver Solis Turner Weldon (FL) Wittman (VA) Bishop (GA) Hooley Ruppersberger Mahoney (FL) Pallone Space Upton Weller Wolf Doolittle Lowey Ryan (OH) Maloney (NY) Pastor Spratt Walberg Westmoreland Young (AK) Doyle McIntyre Towns Markey Payne Stark Walden (OR) Whitfield (KY) Young (FL) Engel Ortiz Waxman Marshall Perlmutter Stupak Gilchrest Pickering Welch (VT) Matheson Pomeroy Sutton NOT VOTING—23 Gillibrand Pryce (OH) Wynn Matsui Price (NC) Tanner Hinojosa Renzi Bishop (GA) Honda Renzi McCarthy (NY) Rahall Tauscher Dingell Lowey Reyes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE McCollum (MN) Richardson Taylor Doolittle Ortiz Ruppersberger The SPEAKER pro tempore (during McDermott Rodriguez Thompson (CA) Doyle Pascrell Ryan (OH) McGovern Ross Thompson (MS) Engel Peterson (MN) Towns the vote). Members are advised that McIntyre Rothman Tierney Gilchrest Pickering Waxman there are 2 minutes remaining in this McNerney Roybal-Allard Tsongas Gillibrand Pryce (OH) Wynn vote. McNulty Rush Udall (CO) Hinojosa Rangel Meek (FL) Salazar Udall (NM) Meeks (NY) Sa´ nchez, Linda Van Hollen b 1303 b 1254 Melancon T. Vela´ zquez So the motion to table was agreed to. Mr. SHULER changed his vote from Michaud Sanchez, Loretta Visclosky Miller (NC) Sarbanes Walz (MN) The result of the vote was announced ‘‘aye’’ to ‘‘no.’’ Miller, George Schakowsky Wasserman as above recorded. Mr. CUMMINGS changed his vote Mitchell Schiff Schultz from ‘‘no’’ to ‘‘aye.’’ Mollohan Schwartz Waters f So the resolution was agreed to. Moore (KS) Scott (GA) Watson Moore (WI) Scott (VA) Watt MOTION TO ADJOURN The result of the vote was announced Moran (VA) Serrano Weiner as above recorded. Murphy (CT) Sestak Welch (VT) Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Washington. Mr. Murphy, Patrick Shea-Porter Wexler Speaker, I move that the House do now Murtha Sherman Wilson (OH) adjourn. Speaker, I move to reconsider the vote Nadler Sires Woolsey on the resolution. Napolitano Skelton Wu The SPEAKER pro tempore. The MOTION TO TABLE OFFERED BY MR. ARCURI Neal (MA) Slaughter Yarmuth question is on the motion to adjourn. The question was taken; and the Mr. ARCURI. Mr. Speaker, I move to NOES—195 table the motion to reconsider. Speaker pro tempore announced that Aderholt Ferguson McHenry the noes appeared to have it. The SPEAKER pro tempore. The Akin Flake McHugh question is on the motion to table. Alexander Forbes McKeon RECORDED VOTE The question was taken; and the Bachmann Fortenberry McMorris Mr. HASTINGS of Washington. Mr. Bachus Fossella Rodgers Speaker, I demand a recorded vote. Speaker pro tempore announced that Barrett (SC) Foxx Mica the ayes appeared to have it. Bartlett (MD) Franks (AZ) Miller (FL) A recorded vote was ordered. RECORDED VOTE Barton (TX) Frelinghuysen Miller (MI) The vote was taken by electronic de- Biggert Gallegly Miller, Gary vice, and there were—ayes 3, noes 395, Mr. HASTINGS of Washington. Mr. Bilbray Garrett (NJ) Moran (KS) Speaker, I demand a recorded vote. Bilirakis Gerlach Murphy, Tim not voting 30, as follows: A recorded vote was ordered. Bishop (UT) Gingrey Musgrave [Roll No. 52] Blackburn Gohmert Myrick AYES—3 The SPEAKER pro tempore. This Blunt Goode Neugebauer will be a 5-minute vote. Boehner Goodlatte Nunes Hastings (WA) Johnson (IL) Young (AK) Bonner Granger Paul The vote was taken by electronic de- NOES—395 vice, and there were—ayes 210, noes 195, Bono Mack Graves Pearce Boozman Hall (TX) Pence Abercrombie Brown (SC) Culberson not voting 23, as follows: Boustany Hastings (WA) Peterson (PA) Ackerman Brown, Corrine Cummings [Roll No. 51] Brady (TX) Hayes Petri Aderholt Brown-Waite, Davis (AL) Broun (GA) Heller Pitts Akin Ginny Davis (CA) AYES—210 Brown (SC) Hensarling Platts Alexander Buchanan Davis (IL) Abercrombie Conyers Harman Brown-Waite, Herger Poe Altmire Burgess Davis (KY) Ackerman Cooper Hastings (FL) Ginny Hobson Porter Andrews Burton (IN) Davis, David Allen Costa Herseth Sandlin Buchanan Hoekstra Price (GA) Arcuri Butterfield Davis, Lincoln Altmire Costello Higgins Burgess Hulshof Putnam Baca Buyer Davis, Tom Andrews Courtney Hill Burton (IN) Hunter Radanovich Bachmann Calvert Deal (GA) Arcuri Cramer Hinchey Buyer Inglis (SC) Ramstad Baird Camp (MI) DeFazio Baca Crowley Hirono Calvert Issa Regula Baldwin Campbell (CA) DeGette Baird Cuellar Hodes Camp (MI) Johnson, Sam Rehberg Barrett (SC) Cannon Delahunt Baldwin Cummings Holden Campbell (CA) Jones (NC) Reichert Barrow Cantor DeLauro Barrow Davis (AL) Holt Cannon Jordan Reynolds Bartlett (MD) Capito Dent Bean Davis (CA) Hooley Cantor Keller Rogers (AL) Barton (TX) Capps Diaz-Balart, L. Becerra Davis (IL) Hoyer Capito King (IA) Rogers (KY) Bean Capuano Diaz-Balart, M. Berkley Davis, Lincoln Inslee Carter King (NY) Rogers (MI) Becerra Cardoza Dicks Berman DeGette Israel Castle Kingston Rohrabacher Berkley Carnahan Dingell Berry Delahunt Jackson (IL) Chabot Kirk Ros-Lehtinen Berman Carney Doggett Bishop (NY) DeLauro Jackson-Lee Coble Kline (MN) Roskam Berry Carter Donnelly Blumenauer Dicks (TX) Cole (OK) Knollenberg Royce Biggert Castle Drake Boren Doggett Jefferson Conaway Kuhl (NY) Ryan (WI) Bilbray Castor Dreier Boswell Donnelly Johnson (GA) Crenshaw LaHood Sali Bilirakis Chabot Duncan Boucher Edwards Johnson (IL) Cubin Lamborn Saxton Bishop (NY) Chandler Edwards Boyd (FL) Ellison Johnson, E. B. Culberson Lampson Schmidt Bishop (UT) Clarke Ehlers Boyda (KS) Ellsworth Jones (OH) Davis (KY) Latham Sensenbrenner Blackburn Clay Ellison Brady (PA) Emanuel Kagen Davis, David LaTourette Sessions Blumenauer Cleaver Ellsworth Braley (IA) Eshoo Kanjorski Davis, Tom Latta Shadegg Blunt Clyburn Emanuel Brown, Corrine Etheridge Kaptur Deal (GA) Lewis (CA) Shays Boehner Coble Emerson Butterfield Farr Kennedy DeFazio Lewis (KY) Shimkus Bonner Cohen English (PA) Capps Fattah Kildee Dent Linder Shuler Bono Mack Cole (OK) Eshoo Capuano Filner Kilpatrick Diaz-Balart, L. LoBiondo Shuster Boozman Conaway Etheridge Cardoza Frank (MA) Kind Diaz-Balart, M. Lucas Simpson Boren Conyers Everett Carnahan Giffords Klein (FL) Drake Lungren, Daniel Smith (NE) Boswell Cooper Fallin Carney Gonzalez Kucinich Dreier E. Smith (NJ) Boucher Costa Farr Castor Gordon Langevin Duncan Mack Smith (TX) Boustany Costello Fattah Chandler Green, Al Larsen (WA) Ehlers Manzullo Souder Boyd (FL) Courtney Feeney Clarke Green, Gene Larson (CT) Emerson Marchant Stearns Boyda (KS) Cramer Ferguson Clay Grijalva Lee English (PA) McCarthy (CA) Sullivan Brady (PA) Crenshaw Filner Cleaver Gutierrez Levin Everett McCaul (TX) Tancredo Brady (TX) Crowley Flake Clyburn Hall (NY) Lewis (GA) Fallin McCotter Terry Braley (IA) Cubin Forbes Cohen Hare Lipinski Feeney McCrery Thornberry Broun (GA) Cuellar Fortenberry

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2096 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Fossella Loebsack Ross Gilchrest Napolitano Ruppersberger The House passed a version of that Foxx Lofgren, Zoe Rothman Gutierrez Ortiz Rush well-considered law in my view in No- Frank (MA) Lucas Roybal-Allard Higgins Pascrell Ryan (OH) Franks (AZ) Lungren, Daniel Royce Hinojosa Pickering Towns vember, the RESTORE Act. We have Frelinghuysen E. Ryan (WI) Honda Pryce (OH) Turner been waiting for the Senate to pass its Gallegly Lynch Salazar Lowey Rangel Udall (CO) version so that we could compare it Garrett (NJ) Mack Sali McCrery Renzi Waxman with ours and decide together on the Gerlach Mahoney (FL) Sa´ nchez, Linda Musgrave Reyes Wynn Giffords Maloney (NY) T. best course of action. We have also Gillibrand Manzullo Sanchez, Loretta b 1321 been waiting on access to classified Gingrey Marchant Sarbanes Mr. POMEROY changed his vote from documents regarding what telecom Gohmert Markey Saxton ‘‘aye’’ to ‘‘no.’’ companies may have done in recent Gonzalez Marshall Schakowsky Goode Matheson Schiff So the motion to adjourn was re- years to assist our government with Goodlatte Matsui Schmidt jected. surveillance on United States citizens Gordon McCarthy (CA) Schwartz The result of the vote was announced outside the bounds of law at that time. Granger McCarthy (NY) Scott (GA) The 15-day extension we passed 2 Graves McCaul (TX) Scott (VA) as above recorded. Green, Al McCollum (MN) Sensenbrenner f weeks ago was intended to give us time Green, Gene McCotter Serrano to consider the Senate bill, thought to Grijalva McDermott Sessions PROTECT AMERICA ACT OF 2007 be on the verge of passing, and to re- Hall (NY) McGovern Sestak EXTENSION view the classified documents. Unfortu- Hall (TX) McHenry Shadegg Hare McHugh Shays Mr. CONYERS. Mr. Speaker, pursu- nately, it has turned out not to be Harman McIntyre Shea-Porter ant to House Resolution 976, I call up enough time. Hastings (FL) McKeon Sherman the bill (H.R. 5349) to extend the Pro- The Judiciary Committee members, Hayes McMorris Shimkus tect America Act of 2007 for 21 days, 38 in number, have not all seen the doc- Heller Rodgers Shuler Hensarling McNerney Shuster and ask for its immediate consider- uments. We have only had clearance Herger McNulty Simpson ation. for 19 of those members to gain that Herseth Sandlin Meek (FL) Sires The Clerk read the title of the bill. access to the classified documents that Hill Meeks (NY) Skelton we have been asking for for over 1 year. Hinchey Melancon Slaughter The text of the bill is as follows: Hirono Mica Smith (NE) H.R. 5349 The review process is unavoidably Hobson Michaud somewhat cumbersome and inefficient. Smith (NJ) Be it enacted by the Senate and House of Rep- Hodes Miller (FL) Smith (TX) resentatives of the United States of America in Even today, as I stated in my letter to Hoekstra Miller (MI) Smith (WA) the White House, we still do not have Holden Miller (NC) Snyder Congress assembled, Holt Miller, Gary Solis SECTION 1. 21-DAY EXTENSION OF THE PROTECT access to numerous critical legal docu- Hooley Miller, George Souder AMERICA ACT OF 2007. ments. In addition, those documents Hoyer Mitchell Space Section 6(c) of the Protect America Act of that we have reviewed have left many Hulshof Mollohan Spratt Hunter Moore (KS) 2007 (Public Law 110-55; 121 Stat. 557; 50 of our questions unanswered and, as a Stark U.S.C. 1803 note) is amended by striking ‘‘195 Inglis (SC) Moore (WI) Stearns matter of fact, raised a number of new Inslee Moran (KS) Stupak days’’ and inserting ‘‘216 days’’. ones. Israel Moran (VA) Sullivan The SPEAKER pro tempore. Pursu- Moreover, the Senate has just passed Issa Murphy (CT) Sutton ant to House Resolution 976, debate its version of a long-term surveillance Jackson (IL) Murphy, Patrick Tancredo Jackson-Lee Murphy, Tim law. It differs from the House version Tanner shall not exceed 1 hour, with 40 min- (TX) Murtha Tauscher utes equally divided and controlled by in ways that may have major ramifica- Jefferson Myrick Taylor tions on the freedoms that we cherish. Johnson (GA) Nadler the chairman and ranking minority Terry Johnson, E. B. Neal (MA) member of the Committee on the Judi- So we need a bit more time. The Thompson (CA) Johnson, Sam Neugebauer measure before us will give us 3 weeks, Thompson (MS) ciary, and 20 minutes equally divided Jones (NC) Nunes Thornberry and controlled by the chairman and 21 days, not much time in the view of Jones (OH) Oberstar Tiahrt some, but enough, I believe, to permit Jordan Obey ranking minority member of the Per- Tiberi Kagen Olver manent Select Committee on Intel- us to reach an appropriate resolution Tierney Kanjorski Pallone on this matter of utmost importance. Tsongas ligence. Kaptur Pastor Therefore, your Committee on the Ju- Keller Paul Udall (NM) The gentleman from Michigan (Mr. Kennedy Payne Upton CONYERS) and the gentleman from diciary comes before you to urge sup- Kildee Pearce Van Hollen port for this short-term extension. Vela´ zquez Texas (Mr. SMITH) each will control 20 Kilpatrick Pence minutes, and the gentleman from Cali- Mr. Speaker, I reserve the balance of Kind Perlmutter Visclosky my time. Walberg fornia (Mr. THOMPSON) and the gen- King (IA) Peterson (MN) Mr. SMITH of Texas. Mr. Speaker, I King (NY) Peterson (PA) Walden (OR) tleman from Michigan (Mr. HOEKSTRA) Walsh (NY) yield myself such time as I may con- Kingston Petri each will control 10 minutes. Kirk Pitts Walz (MN) sume. Klein (FL) Platts Wamp The Chair recognizes the gentleman Mr. Speaker, I strongly oppose H.R. Kline (MN) Poe Wasserman from Michigan (Mr. CONYERS). Schultz 5349, which extends the Protect Amer- Knollenberg Pomeroy GENERAL LEAVE Kucinich Porter Waters ica Act for 21 days. Another extension Kuhl (NY) Price (GA) Watson Mr. CONYERS. Mr. Speaker, I ask is unacceptable and unnecessary. LaHood Price (NC) Watt unanimous consent that all Members Last August, Congress enacted the Weiner Lamborn Putnam have 5 legislative days in which to re- Protect America Act to close a dan- Lampson Radanovich Welch (VT) Langevin Rahall Weldon (FL) vise and extend their remarks and in- gerous loophole in our ability to col- Larsen (WA) Ramstad Weller clude extraneous material on H.R. 5349. lect foreign intelligence. The Demo- Larson (CT) Regula Westmoreland The SPEAKER pro tempore. Is there cratic majority insisted on an arbi- Latham Rehberg Wexler objection to the request of the gen- LaTourette Reichert Whitfield (KY) trary 6-month sunset. But instead of Latta Reynolds Wilson (NM) tleman from Michigan? using that time wisely, they ignored Lee Richardson Wilson (OH) There was no objection. the needs of our intelligence commu- Levin Rodriguez Wilson (SC) Mr. CONYERS. Mr. Speaker, I yield nity and passed a partisan, unworkable Lewis (CA) Rogers (AL) Wittman (VA) Lewis (GA) Rogers (KY) Wolf myself such time as I may consume. bill, the RESTORE Act. Then, 2 weeks Lewis (KY) Rogers (MI) Woolsey Members of the House, the temporary ago, the House Democratic majority Linder Rohrabacher Wu FISA law we enacted in haste as a insisted on another extension. Again Lipinski Ros-Lehtinen Yarmuth stopgap last August expires Saturday. LoBiondo Roskam Young (FL) they squandered the last 2 weeks. Now We want to replace that law with a House Democrats want more time. But NOT VOTING—30 well-considered one which appro- their time is up. Allen Bishop (GA) Doyle priately addresses both our security We know from Admiral McConnell, Bachus Doolittle Engel needs and our constitutional values. Director of National Intelligence, that

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2097 before Congress enacted the Protect Mr. Speaker, as we discuss a short the sequel. But this time we must ob- America Act, the intelligence commu- extension of the Protect America Act ject, and I do object. We can and must nity was missing two-thirds of all over- in order to hammer out a bicameral do better. seas terrorist communications, endan- agreement with the Senate which just Mr. HOEKSTRA. At this time I yield gering American lives. passed its bill last night, thousands of 3 minutes to my colleague from Kansas Some in Congress are willing to let intelligence agents are working hard (Mr. TIAHRT), a member of the Intel- the Protect America Act expire be- around the world in undisclosed loca- ligence Committee. cause ongoing surveillance under the tions, unaccompanied by their fami- Mr. TIAHRT. I thank the gentleman act can continue for up to a year. This lies, to prevent and disrupt dangerous from Michigan. might be acceptable if the terrorist threats against our country. Once Mr. Speaker, I am opposed to this threat also expired this weekend, but it again, let me say ‘‘thank you’’ to bill, and I am extremely concerned doesn’t. If the act expires, we will re- them, and let me say that every Mem- about our national security and deeply turn to the status quo, unable to begin ber of this Chamber thanks them for troubled that our intelligence commu- any new foreign intelligence surveil- their service and prays for their safe nity has been prevented from doing the lance without a court order, again return. job they need to do to protect Ameri- threatening America’s counterterror- This debate is not, as some on the cans. We do not need another delay of ism efforts. other side want to characterize it, much needed FISA improvements. The Another extension represents a fail- about Democrats wanting to coddle Senate passed a bipartisan comprehen- ure by the House Democratic majority terrorists. We emphatically do not. We sive FISA bill 68–29. That is the bill to protect the American people. The want to capture or kill them. It is be- that we should be voting on today, and Senate understands this. The intel- yond cynical to suggest otherwise. This not this temporary extension. It is not ligence community needs a long-term debate is not about whether we want the bill that I would have written, but bill to fix gaps in our intelligence laws, court orders for foreign-to-foreign com- it does give our intelligence commu- munications between terrorists. We do not a 21-day extension. nity many important tools they need not. Or whether we are opposed to re- The Senate bill addresses the con- to protect our Nation. Instead of tak- sponsible changes to FISA. We all sup- cerns of our intelligence community ing up a perfectly good, well-thought- and has strong bipartisan support. But port responsible changes to FISA. out bill, we have another delay tactic This debate is about whether the House Democrats are at war with by the House Democratic leadership careful framework in FISA, which has themselves and at odds with the Amer- that insists on catering to special in- lasted three decades while letting us ican people. House Democrats disagree terest groups like the trial lawyers and pursue terrorists while protecting con- with the Senate Democrats and House the hard left of the Democrat Party. Democrats disagree among themselves. stitutional freedoms, will survive. Mr. Speaker, we have had leaks in One group wants to approve the bipar- The bill the Senate passed late yes- the way we collect information on indi- tisan Senate bill and another opposes terday, in my view, is unacceptable. I viduals through electronic conversa- it. am mindful that there was a substan- tion; we have had leaks about how we Americans are tired of this kind of tial bipartisan majority for it, but collect e-mails on terrorist Web sites; partisanship in Washington. Now we some in my party and some in the we have had leaks that have caused our have partisanship within partisanship other party who voted for it tried allies in Europe to no longer cooperate within the Democratic Party. House mightily to improve it and lost. If we when it comes to tracking terrorist fi- Democrats disagree among themselves, have 21 more days, we can consider nancing. Instead of prioritizing argu- disagree with Democrats in the Senate, some of their amendments here and, I ably the most important security and oppose a bipartisan bill that passed would hope, pass them. If we cannot fix issue, the majority party has delayed yesterday with overwhelming support the Senate bill, I will oppose it if it and failed to focus on how we can help by a vote of 68–29. comes up for a vote in the House. the community in the 21st century The House Democratic leadership is Yes, I was one of a small group of against enemies who utilize the latest like a clock that runs backwards. They Members briefed on the terrorist sur- technology against our country. keep going in counterclockwise circles veillance program between 2003 and As a member of the House Permanent to the left. Unfortunately, we can’t 2006. But those briefings, until the pro- Select Committee on Intelligence, I turn the clock back on terrorists. We gram was publicly disclosed in late have been very disturbed this past year must act to gather intelligence on ter- 2005, were about operational details to see the anger against our President rorists and prevent another attack. only. I never learned that the adminis- cloud the judgments of its members. In Why do we keep delaying our ability tration was not following FISA, and I an effort to embarrass the President, to protect American lives? Another ex- think that was wrong. And that is why they have weakened our intelligence tension represents a failure to act, a for 3 years I have worked my heart out gathering capabilities and caused long- failure to lead, and a failure to protect to fashion responsible bipartisan agree- term damage to the security of this our country. It doesn’t take long to do ment on the need for the terrorist sur- Nation. We do not monitor phone con- what is right. Let’s stop the stalling veillance program to comply fully with versations like we should, we do not and pass the bipartisan Senate bill. FISA. This fall, I urged repeatedly for monitor e-mails like we should, or fi- I urge my colleagues to reject this bipartisan negotiations which, sadly, nances like we should. And the enemy extension and urge the Democratic never happened. It may now be too knows it. It is time for us to strength- leadership to allow the House to con- late, but I am ‘‘go’’ for one more try. en and not weaken the terrorist sur- sider the bipartisan Senate bill. I say to the intelligence officers men- veillance program. Enough is enough. Mr. Speaker, I reserve the balance of tioned at the outset of my remarks, to We all know that if we simply pass my time. my colleagues, and to the American an extension for 21 days, it doesn’t people, we need to conduct surveillance solve the problem. It is time for us to b 1330 of foreign terrorists, but we must do it stand up and force the Democrat lead- Mr. CONYERS. Mr. Speaker, I recog- within the rule of law. With a clear ership of this House to do their job and nize the gentlewoman from California, legal framework, they are empowered bring the FISA modernization bill be- JANE HARMAN, a long-time member of to do their job better and from that we fore this body, the one that was passed the Intelligence Committee who now will all benefit. by the Senate by a wide margin, so on Homeland Security chairs the sub- In August, the House was jammed by that the intelligence community can committee that handles that same sub- the Senate into passing ill-advised leg- have every tool at its disposal to project, for 4 minutes. islation. I opposed it, and said we did tect the United States. Ms. HARMAN. I thank the gentleman not want to watch the same movie The Director of National Intelligence for yielding. again in 6 months. Well, here we are for Mike McConnell, the man in charge of

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2098 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 overseeing the intelligence commu- the law, aiding and abetting a lawless recommit this afternoon. The majority nity, has repeatedly told us of the ur- administration to violate Americans’ knows that the American people sup- gency to modernize the FISA law. He liberties and privacy rights against the port long-term legislation to keep our said, ‘‘We must urgently close the gap Constitution and against the FISA Act. country safe. And I guarantee that the in our current ability to effectively I believe it is the second. But it’s not Senate bill would pass the House by a collect foreign intelligence. The cur- up to me or up to anybody else here to wide margin if the Democratic major- rent FISA law does not allow us to be decide that. That’s why we have ity would let the House vote on it. effective. Modernizing this law is es- courts. Courts determine questions of Instead of passing the Senate bill, we sential for the intelligence community law and fact. People are out there who continue to waste time on legislation to be able to provide warning of threats believe their rights were violated. of little consequence. The FISA bill ex- to this country.’’ They’ve brought a lawsuit. Let the pires on Friday. There is no more time Mr. Speaker, what the Senate passed lawsuits continue. Let the courts de- to waste. We passed a temporary fix does exactly what Mr. MCCONNELL cide whether the telecom companies last summer and another extension talked about. We should bring that acted properly or acted in violation of earlier this year. There has been plenty vote to the floor and vote it up or the law. It is not the job of Congress to of time to review this and to come up down. foreclose that judgment. with a permanent fix. If we keep on Mr. THOMPSON of California. Mr. We have been told: If we pass telecom passing these extensions, we’re never Speaker, I yield my time to the gen- immunity and if we fail to control going to get a permanent bill, and tleman from Michigan (Mr. CONYERS) abuse of the state secrets privilege that Americans are in jeopardy. and ask unanimous consent that he has been abused by the administration This majority’s charade of passing may control that time. to prevent the courts or the Congress short-term extensions has gone on long The SPEAKER pro tempore. Is there from reviewing what they have done, enough. President Bush will veto an- objection to the request of the gen- there will be no mechanism in the other extension, and the Democrats tleman from California? courts or in the Congress to know, let will have no one to blame but them- There was no objection. alone to control, what the Executive is selves. It’s time for the majority to Mr. CONYERS. I am pleased now, Mr. doing. The separation of powers estab- stop playing political games. We have Speaker, to recognize the chairman of lished by the Constitution to protect had plenty of time to debate this issue. the Constitution Committee on the our liberties will have been destroyed. The Senate finally got it right, and it’s House Judiciary Committee, Mr. JERRY That way lies the slow death of liberty. time that the House does the same. Our intelligence community needs NADLER, for 4 minutes. It must not be permitted. the certainty of a long-term bill to pro- Mr. NADLER. I thank the gentleman We have been told by this adminis- tect the Nation. The Senate bill will for yielding. tration, Trust us. I’m not in a very continue to give our intelligence agen- Mr. Speaker, I rise in support of H.R. trusting mood these days, nor should cies the tools they need to keep us safe. 5349, a 21-day extension of the existing we ever trust any administration with- I urge my colleagues to reject the 21- FISA Act to provide Congress the time out judicial and congressional over- day extension up now and to pass the to work out the differences between sight. Senate’s bipartisan FISA bill today. the two Houses on this very important I remind everyone here that there is Mr. CONYERS. Mr. Speaker, I am matter. It is a question of our Nation’s a bill that passed this House, the RE- pleased now to recognize the gentle- security and it is a question of our Na- STORE Act, last November. The Sen- woman from Texas, SHEILA JACKSON- tion’s values. We should not be stam- ate finally got around to passing a bill LEE, a distinguished member of the Ju- peded into action when there is no yesterday. Now we are being told we diciary Committee and a subcommittee need. This administration has the abil- should have no time to work out the chairman on Homeland Security, for 3 ity to monitor terrorists, and extend- differences as we normally try to do, minutes. ing current law for 21 days will not re- we must take the Senate bill sight un- Ms. JACKSON-LEE of Texas. I thank move that ability. seen. Frankly, that’s an insult to every the distinguished chairman of the Judi- What this debate is really about is Member of this House and to the pre- ciary Committee, and I want to person- whether national security wiretapping rogatives of this House. We passed a ally thank him for the extensive work should be subject to judicial and con- bill. They passed a bill. We should have we have done to secure America and as gressional oversight, as the bill that we 21 days to work out the differences. well to protect the civil liberties of all passed last November, the RESTORE American liberty is depending on this, Americans. Act, provides and as traditional Amer- and the integrity of this House depends I hold in my hand the Constitution of ican values insist on, or whether the on this. I urge passage of this bill. the United States embedded in this administration, any administration, Mr. SMITH of Texas. Mr. Speaker, I book. When you think of the term ‘‘em- can be trusted to police itself, whether yield 3 minutes to the gentleman from bedded,’’ you think of the concerns re- American citizens’ liberty should be Wisconsin (Mr. SENSENBRENNER), garding the Iraq war. You think of the subject to the unreviewable discretion former chairman of the Judiciary Com- concerns of terrorism. You might even of the Executive as the Protect Amer- mittee. think of the concerns of embedded ica Act and the Senate-passed bill pro- Mr. SENSENBRENNER. I thank the press who have been able to travel with vide. gentleman from Texas. Mr. Speaker, I our soldiers. But in this instance, I am Also at stake is the question of so- rise in opposition to this legislation. saying that deeply embedded in the called telecom immunity. We know Yesterday, the other body passed the hearts of Americans is a concept of the what they are asking. They are asking FISA bill by a vote of 68–29. I don’t un- Constitution that protects their civil that the lawsuits against the tele- derstand why House Democrats refuse liberties. communications companies for partici- to bring this bill to the floor, sponsored pating in the warrantless surveillance by Senator ROCKEFELLER. It makes no b 1345 program, allegedly in violation of the sense to block its consideration for an- I think it is important to note that FISA law, be foreclosed. other 21 days. Why do we keep extend- in fact a bill has been passed so many Now there are only two possibilities. ing the terrorist loophole? It’s impera- months ago. And I will not argue about There are two narratives: Either the tive that the House pass the Senate bill the integrity of this place, for many telecom companies nobly and patrioti- today. have raised that question, that we cally assisted the administration The Rules Committee last night re- should have the privilege of reviewing against terrorism. That is one nar- jected a Republican amendment to the legislation of the Senate, and that rative. Or the telecom companies vote on the Senate-passed bill, and privilege is necessary. knowingly and criminally participated then the committee refused to allow But I think there is a larger argu- in a criminal conspiracy in violation of the Senate-passed bill as a motion to ment, more expanded argument, and it

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2099 must be clarified that we have not in security and the rights of all Ameri- today, present a clear and present dan- dillydallied. We have not delayed. We cans. ger. have, in fact, been meticulous in mak- Mr. HOEKSTRA. I yield 2 minutes to Mr. CONYERS. Mr. Speaker, I yield ing sure that we have balanced a new the gentleman from New Jersey (Mr. myself such time as I may consume. FISA law, updating it, and also pro- SAXTON). Mr. Speaker, I rise disappointed that viding that protection, that firewall for Mr. SMITH of Texas. Mr. Speaker, I the President of the United States is Americans. yield 1 minute to Mr. SAXTON. attempting to short-circuit the legisla- How many of you would have known Mr. SAXTON. Mr. Speaker, I rise in tive process and force Congress into an that initially the administration came opposition to this legislation. impulsive decision by vowing to veto to us and suggested that while they are Mr. Speaker, some years ago as I was this short-term extension before us surveilling someone on foreign soil, if working to have a subcommittee on now that would permit us to legislate it kicks back to an American, your the Armed Services Committee estab- responsibly. grandmother, your aunt, your uncle, lished on terrorism, I was making the It is beyond me how the Chief Execu- yourself, because it kicks back in a rounds among my party’s leadership. I tive of this country who truly wants an sense that we are talking to someone made the case about why I thought we effective FISA reform, who truly cares on foreign soil but you happen to be on needed, and of course this was before 9/ about enacting sound legislation to the other side of the phone, that that 11, a subcommittee on terrorism. And I protect Americans’ lives and liberty, was okay? will never forget, one of my good who truly respects the prerogatives of But I offered an amendment, and friends told me that he thought, he Congress in shaping that legislation, that amendment is in the bill that the said, JIM, he said, I think you and your could seriously threaten us with the House passed, that we cannot tolerate friends see a terrorist behind every prospect of vetoing this legislation. reverse targeting; you must get a war- bush. It is especially disturbing to think that he might refuse to accept a brief rant. There must be an intervention, Unfortunately, Mr. Speaker, it seems extension of his own surveillance pro- and I am glad to say it is in the Senate to me that the Democratic majority gram in order to ramrod a decision his bill. leadership has adopted that same Yet there is a major question that frame of reference. There is not a ter- way on telecom immunity before we the Senate bill has not addressed, and rorist behind every bush, but they can know what it is we are giving immunity to. it is the fact that many, many people’s present a clear and present danger. We I am also disappointed that some of rights were violated in the course of were told so as late as today by rep- my friends, Members of the minority, the old law when the government went resentatives of the Intelligence Com- whom I have always considered to be straight to the private sector and told mittee. responsible legislators, have spoken Passing a 21-day extension simply them you have to do this and so many today in support of the President’s at- persons who were innocent were vio- continues the uncertainty in the intel- tempt to once again bludgeon us to lated by surveillance. Now these com- ligence community, the uncertainty in enact sweeping new wiretapping powers panies, of which I have great respect, I the telecommunications community, for the executive branch without giv- believe they are part of the economic and uncertainty among the American ing the legislative branch the time to engine of this Nation, want us to inter- public itself. ensure that the way it is done holds fere in the legal system, for many of Just yesterday, as it has been said true to our most cherished American these companies are now being sued here several times, the Senate ap- values. retroactively, if you will, or being ad- proved a comprehensive, long-term, bi- I hope that these few observations do dressed for the grievance they did partisan bill by a vote of 68–29 to close not reflect widely shared sentiments in against an American citizen. the terrorist loophole in our intel- the minority, and I would hope that we Who are we to stop the normal legal ligence laws. Their bill represents a would not lend credence to the Presi- process? If one of these corporations compromise between Congress and the dent’s veto threat. I don’t think we has a defensible defense, the judges will administration. It rightly restores the should have to legislate under that rule for them. If they were following original intent of the FISA by ensuring kind of intimidation. It amounts to a the law or they have a defense or were that intelligence officials can conduct demand that we abandon and abdicate relying upon representations made by surveillance on foreign targets without our sworn constitutional duty. officials of the Federal Government, I a court order while still protecting the I hope that we would all agree that can assure you that a court of law will civil liberties of the American people. we need to consider FISA reform re- give them their relief. Why are we It also grants liability protection to sponsibly with the care it deserves, interfering where citizens of the Amer- telecommunications companies that with the importance that every Amer- ican society believe that this Constitu- helped the government after Sep- ican attaches to it, and to preserve the tion and their rights have been vio- tember 11. Allowing these companies to prerogatives of the House to have our lated? be subjected to frivolous lawsuits voice heard. So to my friends who want to provide threatens their future cooperation, This demand that we act irrespon- a scare tactic, let me say to you all which could cripple America’s counter- sibly reflects no credit upon the proc- this legislation does today is to ensure terrorism efforts. ess. We should instead remind him that you will be safe by extending the exist- The Senate bill is a responsible plan we are the legislative branch and re- ing law. Hopefully we put notice on for protecting our Nation against ter- mind him that he must show some pa- corporations that they should not be rorist threats. Many times the Senate tience and allow the Congress to re- violating the civil liberties of Ameri- sends bills over here and they are very sponsibly work its will. cans, and clearly I will tell you, as a shortly passed by the House. The House If the President were to veto this member of the Homeland Security must act quickly on the Senate’s bill, brief extension of his own surveillance Committee, that none of us stand in as well, and send it to the President so program and if that in any way com- this well to jeopardize the safety and he can sign it. Failing to do so is effec- promises our national security, no security of the American people. Let us tively failing to protect our country amount of political blustering would dispense with that myth altogether. and American citizens. change the fact that it would be him What is important is that when we fi- Therefore, I urge my colleagues to who has put our Nation at risk by re- nally design a bill that is going to be vote against H.R. 5349 and instead im- fusing to participate responsibly in the entrenched in law, it must be in com- mediately pass the Senate’s version of legislative process. pliance with the Constitution that is the bill so we can send this important Now, I can’t truly imagine that hap- embedded in this bill. It is not today. I bill to the President. pening. I hope that with a strong bipar- ask my colleagues to enthusiastically There may not be, Mr. Speaker, a tisan vote for this commonsense, tem- vote for the extension because I believe terrorist behind every bush, but they, porary measure, we can convince our

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2100 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 President to help us take this respon- signed a letter in support of, come to [From CNN.com, Feb. 13, 2008] sible step to ensure that Americans are the floor so we can find out whether or PHONE COMPANIES CUT FBI, WIRETAPS DUE TO appropriately protected against threats not the majority of this House will sup- UNPAID BILLS to their liberty as well as threats to port it? WASHINGTON.—Telephone companies have their security. I hope that the result of We were denied that in the Rules cut off FBI wiretaps used to eavesdrop on this discussion will turn into a sound suspected criminals because of the bureau’s Committee. We were denied that on repeated failures to pay phone bills on time. bipartisan vote in support of this meas- two specific votes in the Rules Com- A Justice Department audit released ure. mittee, and now the only way we can Thursday blamed the lost connections on the Mr. Speaker, I reserve the balance of allow that vote to come up is if we de- FBI’s lax oversight of money used in under- my time. feat this bill and force those on the ma- cover investigations. Poor supervision of the Mr. SMITH of Texas. Mr. Speaker, I jority side and the leadership to allow program also allowed one agent to steal yield 3 minutes to the gentleman from the majority to work its will. $25,000, the audit said. California, Mr. LUNGREN, a member of In at least one case, a wiretap used in a both the Judiciary Committee and the Foreign Intelligence Surveillance Act inves- b 1400 tigation ‘‘was halted due to untimely pay- Homeland Security Committee. ment,’’ the audit found. FISA wiretaps are Mr. DANIEL E. LUNGREN of Cali- Interestingly enough, the gentlelady used in the government’s most sensitive and fornia. Mr. Speaker, I thank the gen- from Texas who just spoke talked secretive criminal investigations, and allow tleman for yielding. about how we ought to support this eavesdropping on suspected terrorists or Mr. Speaker, I thank the gentleman bill. I remember in August when she spies. from Michigan, the chairman of our stood in that very well and tore up a ‘‘We also found that late payments have committee, for clarifying what this is piece of paper and said this is what resulted in telecommunications carriers ac- all about. In his statement he just said we’re doing; we’re shredding the Con- tually disconnecting phone lines established to deliver surveillance results to the FBI, re- that the President is trying to force us stitution by voting for the bill that sulting in lost evidence,’’ according to the to accept this bill from the Senate so was then on the floor. And now we’re audit by Inspector General Glenn A. Fine. that there can be immunity granted to supposed to understand that the other More than half of 990 bills to pay for tele- those communications companies that side wants us to have 3 weeks more of communication surveillance in five unidenti- responded in the affirmative when a bill which shredded the Constitution. fied FBI field offices were not paid on time, asked to help this country. So that is Let’s understand what we’re really the report shows. In one office alone, unpaid what it is. That’s what this vote is all costs for wiretaps from one phone company doing here. Let’s vote this down so we totaled $66,000. about. can vote on the bill that the majority The FBI did not have an immediate com- You can talk about a 21-day exten- of the people in this House and the ma- ment. sion. You can talk about wanting to jority of Americans support. The report released Thursday was a highly work a little harder. You can talk Mr. CONYERS. Mr. Speaker, I would edited version of Fine’s 87–page audit that about this and that, but essentially grant myself as much time as I may the FBI deemed too sensitive to be viewed publicly. It focused on what the FBI admit- that is what this vote is. It is the ques- consume. tion of whether or not we believe that ted was an ‘‘antiquated’’ system to track I appreciate the discussion that we’re money sent to its 56 field offices nationwide we ought to grant to those who re- engaging in, but at this point I rise to for undercover work. Generally, the money sponded in the affirmative when re- make the case that this is not a debate pays for rental cars, leases and surveillance, quested by their country to assist in exclusively about immunity. There are the audit noted. the aftermath of 9/11, to allow us to other key differences that we should It also found that some field offices paid for expenses on undercover cases that should collect that kind of intelligence which and, I think, want to consider. would prohibit or prevent another 9/11, have been financed by FBI headquarters. Out For example, the Senate bill, which whether or not we are going to slap of 130 undercover payments examined, audi- we’ve just examined, does not contain tors found 14 cases of at least $6,000 each them in the face and say because you sufficient provisions to guard against where field offices dipped into their own answered yes, you have to, in the words reverse targeting of United States citi- budgets to pay for work that should have of the chairman of the Constitutional zens. I think that’s an important mat- been picked up by headquarters. Law Subcommittee when this was The faulty bookkeeping was blamed, in ter that needs our continued consider- brought up in the committee, let them large part, in the case of an FBI agent who ation. do it themselves, they have millions of pleaded guilty in June 2006 to stealing $25,000 dollars of high-priced attorneys. Now, The Senate bill permits surveillance for her own use, the audit noted. ‘‘As demonstrated by the FBI employee that’s the response we are to tell the to commence without judicial approval of the essential procedures that will be who stole funds intended to support under- American people if asked in the future: cover activities, procedural controls by Will you help in gathering information used to ensure that there’s no surveillance of United States persons without themselves have not ensured proper tracking so that we can prevent another attack? and use of confidential case funds,’’ it con- And, oh, by the way, make sure that appropriate individualized warrants. I cluded. you have millions of dollars worth of think that’s pretty important. Fine’s report offered 16 recommendations high-priced attorneys to respond to The Senate bill further does not re- to improve the FBI’s tracking and manage- quire the Inspector General or the Jus- ment of the funding system, including its whatever lawsuit might be out there. telecommunication costs. The FBI has Now, the question here is whether or tice Department to investigate the President’s warrantless surveillance agreed to follow 11 of the suggestions but not the majority is going to allow the said that four ‘‘would be either unfeasible or majority to do its will. Why do I say program. The House bill requires this too cost prohibitive.’’ The recommendations that? Twenty-one Members of the investigation. were not specifically outlined in the edited Democratic side have sent a letter on And so I don’t think we need to be version of the report. January 28 to the Speaker saying they stampeded into a vote by threats from A lot has been said about what some support the Rockefeller-Bond bill. the executive or from the mathe- call patriotic phone companies. Are Twenty-one Members. Now, I was never matical perfection of the other side in these the same companies that cut off great in math, but I do know that 21 suggesting where the majorities ally in the FBI FISA wiretaps because the FBI Members on that side of the aisle, this body. The 21 signers of the letter hadn’t paid its phone bill? This is added to our Members on this side of are entitled to get some answers to breaking news. the aisle, are a majority in the House these questions just as everyone else I ask that we examine this issue, and of Representatives. that didn’t sign the letter are. that we include it in the ones in the 21- So the question is: Will you allow the Mr. Speaker, I will insert into the day period. After all, we already have a House to work its will? Will you allow RECORD at this point from cnn.com, FISA bill that will continue during the the bill from the Senate, which 21 ‘‘Phone companies cut FBI wiretaps 21 days. Someone may have acciden- Members on your side of the aisle have due to unpaid bills.’’ tally mischaracterized the fact that we

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2101 will be without FISA protection if we Think of the confusing message we The chairman had said there are don’t act immediately. I don’t think are sending today because we’re other key differences and there are. that’s the case, and I think many of hooked up on the size of the company. But those are important to note as our colleagues on the floor at this time So if I go in as an FBI agent to find the well. know that as well as I do. address that a pizza delivery company Our friends across the aisle somehow Mr. Speaker, I reserve the balance of has for a fugitive, should we go after think it shreds the Constitution if we my time. them, too? Should we go after that tap a terrorist in a foreign country and Mr. HOEKSTRA. Mr. Speaker, I pizza delivery guy for, out of the good- he calls an American. I’ve said it before would like to yield 3 minutes to my ness of his heart, telling us where there and I’ll say it again. The solution to colleague from the State of Michigan is a fugitive who may have committed that is not that we not tap into that (Mr. ROGERS), a member of the Intel- murder or have committed child por- known terrorist in a foreign country; ligence Committee. nography or been selling drugs and is it’s that the friends of those concerned Mr. ROGERS of Michigan. Mr. in violation of the safety and security about this in America, tell your friends Speaker, I have such great respect for of his neighborhood, his community? to have their terrorist buddies not call my fellow colleague and Michigander, No, of course not. And we shouldn’t them at home. That’s real easy. Then Mr. CONYERS, for his work and pas- punish people who say, listen, I want to they don’t have to worry about this sionate belief and where he stands. help the United States catch terrorists bill. I do worry about where we’re at. And and murderers, and if you ask me and But if terrorists that are known ter- I hear the gentleman talk about the I’m in lawful possession of it, I’ll share rorists in foreign countries call them fact that we just don’t have time, and it with you. We do it in banks. We do in this country, then they ought to be we need more time. You know, today it in small businesses. We knock on at risk for having them tapped. Once we’re going to spend hours and hours neighbors’ doors every day in this we know that there’s somebody here, grilling a professional baseball player country and say, Help us help protect then they go get the warrant and that about he said/she said activities in pro- your neighborhood, your kids and your addresses it. But you cannot restrict it fessional baseball. We spent an entire family. Will you tell us what you saw? otherwise without doing great harm to day on this floor this year trying to Will you tell us what you know? Will our protection in America. figure out how we’re going to designate you tell us where this information Mr. CONYERS. Mr. Speaker, I con- scenic trails in New England; 162 bills leads us to? It happens every day. tinue the reservation of time. commemorating someone or some- This is about black hats and white Mr. SMITH of Texas. Mr. Speaker, I thing, 162 on the floor this year; 62 bills hats, good guys and bad guys. Let’s yield 4 minutes to the gentleman from naming post offices. make sure we stand up today for every Indiana (Mr. PENCE), a member of the I think, if we put this in perspective, courageous American who stands up Judiciary Committee. this isn’t about needing more time. for the safety of the community of this Mr. PENCE. Mr. Speaker, I rise in op- This isn’t about that. We’ve obviously United States. I don’t care how big or position to H.R. 5349, a bill to extend wasted a lot of time. how small they are, we ought to stand the Protect America Act of 2007 for 21 Our Constitution, as so many people with them and not make them the days. point to, says some pretty clear things enemy. Now it’s hard for me to come to this to me. It makes sure that you stand Mr. CONYERS. Mr. Speaker, I re- floor and oppose an extension of a bill tall and you take an oath to defend serve my time at this point. that I support, and supported in a bi- against all enemies, foreign and domes- Mr. SMITH of Texas. Mr. Speaker, I partisan manner, Mr. Speaker. tic. It’s one of the most important yield 2 minutes to the gentleman from It was this summer, I believe last Au- things that we do in this body. Texas (Mr. GOHMERT), a member of the gust, that Republicans and Democrats If we can find time to put Roger Judiciary Committee. came together on the Judiciary Com- Clemens in a chair and grill him for Mr. GOHMERT. Mr. Speaker, we’ve mittee and worked out a solution for hours and make a media circus about heard a number of things, what this is an extension that came to be known as professional baseball, you’d think we or isn’t about. We’re told it’s not about the Protect America Act. And we’ve could spend a few minutes protecting the protections for the country, but it heard in the course of this debate, elo- the United States of America. Instead is about that. And I have great respect quently stated on both sides, what the what we do is we kind of fool around and admiration for our chairman, Mr. issues are here. We have antiquated and wring our hands and say, I’m for CONYERS. foreign intelligence surveillance laws. national security but kind of, not real- But we were told, also, well, gee, the The technology that has exploded ly. But, hey, did you see these jangly reason we need more time is the White across the globe in the last 25 years has keys? Professional baseball could be in House has delayed giving us docu- occurred without a significant updat- trouble. It maybe works for my kids ments. But if you really want to get to ing of those laws that govern the when they were 3 and in trouble, but it the bottom of this, you go back to Au- means and the manner and the tech- doesn’t work for the American people, gust 4 when we took a vote on FISA nology whereby we can collect intel- and it certainly doesn’t work to keep being extended for a number of months. ligence. And so we find ourselves, es- us safe. There was no immunity in there. There sentially, as the hub of communica- This isn’t about the Constitution. was no issue about is the President tions in the world in the United States Many of your Members came down here going to turn over documents. Forty- of America. You’ve heard the percent- and said, we think this is unconstitu- one Democrats voted for it, nine didn’t ages, the enormous amount of commu- tional, but give us 3 more weeks of un- vote, and all the rest voted against it. nications that pass through the United constitutionality in the United States. They were against the protections for States of America. And yet we have If I believed that, as a former FBI this country and FISA. this massive loophole in our intel- agent, I wouldn’t vote for it. It’s Now, we need to try to eliminate risk ligence surveillance laws that does not wrong. to the country, not political risk to a permit us to listen to a terrorist in one This is about white hats and black party. And I understand sometimes you foreign country talking to a terrorist hats. It’s about good guys and bad have Members that see the dangers to in another foreign country. guys. It’s about Good Samaritans. You America, gee, that exposes the country When we worked out the compromise know, there are ads on TV today where to great risk and if we don’t do some- this summer, it was built, Mr. Speaker, they go into high crime neighborhoods thing and something terrible happens, I believe, on an understanding between and say, It’s okay for you to tell on then we’ve exposed our party to ter- Republicans and Democrats that that criminal behavior. Please call the po- rible political risk. This shouldn’t be ought not to be, we ought to solve that lice. Please call the FBI. Please make about political risk. We need to do problem in an equitable and bipartisan a difference in your community. what’s right for the country. way. And I was pleased to support that

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2102 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 extension and legislation for a period 976, further proceedings on the bill are Whereas racial bigotry in the United of 6 months. postponed. States caused much of his work and his achievements to go unrewarded; But what I struggle with today is f now, in the aftermath of that, the con- Whereas in other countries, he was treated ANNOUNCEMENT BY THE SPEAKER as a pioneer and was recruited to work with trast between the work in the House Russian scientists and invited to be a guest and the Senate is rather startling. Yes- PRO TEMPORE researcher at the Kaiser Wilhelm Institute terday, the Senate approved a bipar- The SPEAKER pro tempore. Pursu- for Biology, the world’s greatest scientific tisan bill supported by nearly 70 per- ant to clause 8 of rule XX, the Chair research laboratory at the time; cent of the Senate to close the ter- will postpone further proceedings Whereas he was welcomed at the Naples rorist loophole in our intelligence laws. today on motions to suspend the rules Zoological Station in Italy and the Sorbonne in France, where he conducted research and It represented a strong bipartisan com- on which a recorded vote or the yeas promise between Congress and the ad- was regarded as one of the most outstanding and nays are ordered, or on which the zoologists of his time; ministration. And yet here in the vote is objected to under clause 6 of Whereas Archibald Alphonso Alexander ex- House of Representatives we passed a 6- rule XX. celled in design and construction engineer- month extension. A few weeks ago we Record votes on postponed questions ing; passed a 15-day extension. Now I be- will be taken later. Whereas, employed by the Marsh Engineer- lieve we’re passing a 21-day extension. ing Company, he designed the Tidal Basin And yet the American people, I believe, f bridge in Washington, DC; know in their heart of hearts our HONORING AFRICAN AMERICAN Whereas after studying bridge design in enemy does not think in the short term London, Archibald Alphonso Alexander and INVENTORS George Higbee formed a general contracting and, therefore, our solutions must Ms. EDDIE BERNICE JOHNSON of business that focused on bridge design; occur in the long term. And when it Texas. Mr. Speaker, I move to suspend Whereas his designs include Washington, comes to the ability of our intelligence the rules and agree to the resolution DC’s Whitehurst Freeway, the heating plant community during this administration and power station at the University of Iowa, (H. Res. 966) honoring African Amer- or whomever will be the next adminis- and an airfield in Tuskegee, Alabama; ican inventors, past and present, for tration charged with protecting this Whereas he went on to become the first Re- their leadership, courage, and signifi- country, I believe it is imperative that publican territorial governor of the U.S. Vir- cant contributions to our national we call the question. gin Islands; competitiveness. Whereas David Nelson Crosthwait Jr. made b 1415 The Clerk read the title of the resolu- significant and practical contributions to I believe it is imperative that we rise tion. the engineering of heating and cooling systems; today, respectfully to my colleagues on The text of the resolution is as follows: Whereas he held numerous patents relating the other side, most especially the to heat transfer, ventilation, and air condi- chairman whom I esteem, and say H. RES. 966 tioning, the areas in which he was considered enough is enough. We need to mod- Whereas African-American and other mi- an expert; ernize our foreign intelligence surveil- nority scientists, technologists, engineers, Whereas David Nelson Crosthwait Jr. lance laws today. We need to find a bi- and mathematicians have made significant served as director of research laboratories partisan compromise as we did last achievements in our national research enter- for C. A. Dunham Company in Marshalltown, summer. We need to find a bipartisan prise and inspired future generations; Iowa, where he served as technical advisor Whereas the National Society of Black En- from 1930 to 1970; compromise as the United States Sen- gineers (‘‘NSBE’’) lifts up African-American Whereas he designed the heating systems ate did yesterday. researchers of the past and present, includ- for Radio City Music Hall and Rockefeller And I say again with a heavy heart, ing special contributors named in this Reso- Center in New York City and authored texts our enemy does not conspire to harm lution; and guides on heating and cooling with us in the short term. Our enemy con- Whereas Garrett Augustus Morgan made water; spires to harm us in the long term: to outstanding contributions to public safety; Whereas during the 1920s and 1930s, he in- harm our people, to harm our families, Whereas firefighters in the early 1900s wore vented an improved boiler, a new thermostat to harm our children and our interests the safety helmets and gas masks that he in- control, and a new differential vacuum pump vented, and for which he was awarded a gold to improve the heating systems in larger around the globe. We must, in this Con- medal at the Second International Expo- buildings; and gress, find a way beyond politics, as we sition of Safety and Sanitation in New York Whereas African-American innovators con- did last summer, as the Senate did yes- in 1914; tinue to improve the daily lives of Ameri- terday, to repair those holes in our for- Whereas 2 years later, he himself used the cans through their inventions and stir the eign intelligence surveillance laws and mask to rescue men trapped by a gas explo- creative spirit of future generations: Now, give our intelligence community the sion in a tunnel being constructed under therefore, be it legal authority and tools that they will Lake Erie; Resolved, That the United States House of need to protect us in the long term. Whereas following the disaster which took Representatives— 21 lives, the City of Cleveland honored him (1) recognizes and appreciates the signifi- I urge my colleagues to reject the with a gold medal for his heroic efforts; cant achievements to our national research bill to extend the Protect America Act Whereas in 1923, he received a patent for a enterprise made by African-American and for 21 days and call the question on traffic signal to regulate vehicle movement other minority scientists, technologists, en- this floor. We need a long-term solu- in city areas, and this device was a direct gineers, and mathematicians; tion to what ails our intelligence laws. precursor to the modern traffic light in use (2) honors and extends its appreciation and Mr. SMITH of Texas. Mr. Speaker, today; gratitude toward all African-American in- how much time remains on each side? Whereas Ernest Everett Just was a trail- ventors, for the significant and honorable re- The SPEAKER pro tempore (Mr. blazer in the fields of cell biology and zool- search and educational contributions that ogy; improve the lives of all citizens and that JACKSON of Illinois). The gentleman Whereas his research and papers on marine have gone unacknowledged too long; and 1 from Texas (Mr. SMITH) has 4 ⁄2 min- biology were so well received in 1915 that Er- (3) looks for opportunities to make sure utes. The gentleman from Michigan nest Everett Just was awarded the first that the creativity and contribution of mi- (Mr. CONYERS) has 7 minutes. The gen- Spingarn Medal by the National Association nority scientists, technologists, engineers, tleman from Michigan (Mr. HOEKSTRA) for the Advancement of Colored People at and mathematicians can be expressed has 2 minutes. age 32; through research, development, standardiza- Mr. SMITH of Texas. Mr. Speaker, I Whereas Ernest Everett Just dedicated tion, and innovation. will reserve the balance of my time. years of research toward the study of cells The SPEAKER pro tempore. Pursu- and cell structures in order to understand Mr. CONYERS. Mr. Speaker, I re- and find cures for cellular irregularities and ant to the rule, the gentlewoman from serve. diseases such as sickle cell anemia and can- Texas (Ms. EDDIE BERNICE JOHNSON) The SPEAKER pro tempore. Pursu- cer and became one of the most respected and the gentleman from Missouri (Mr. ant to section 2 of House Resolution scientists in his field; AKIN) each will control 20 minutes.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2103 The Chair recognizes the gentle- lived from 1888 to 1958. Born in Iowa, H. Res. 966 honors African American woman from Texas. the son of a janitor, Alexander was the inventors, past and present, for their GENERAL LEAVE first African American to graduate leadership, courage, and significant Ms. EDDIE BERNICE JOHNSON of from the University of Iowa. He studied contributions to our national competi- Texas. Mr. Speaker, I ask unanimous bridge design in London, England, and tiveness. Three of the men we honor consent that all Members may have 5 founded his own business in the 1920s. today were engineers; the fourth, a re- legislative days to revise and extend He and his partners designed and con- nowned biologist. Their contributions their remarks and to include extra- structed many roads and bridges, in- to our Nation are many; their drive to neous materials on H. Res. 966. cluding the Whitehurst Freeway, the achieve success, often in the face of ad- The SPEAKER pro tempore. Is there Tidal Basin Bridge and an extension to versity, admirable; and their recogni- objection to the request of the gentle- the Baltimore-Washington Parkway. tion today, highly deserved. woman from Texas? He designed the Tuskegee Airfield We owe a debt of gratitude to Garrett There was no objection. and the Iowa State University heating Augustus Morgan for the contributions Ms. EDDIE BERNICE JOHNSON of and cooling system. He was truly a he made to public safety with safety Texas. Mr. Speaker, I yield myself such Renaissance man. He excelled in foot- helmet, gas mask, and traffic signal in- time as I may consume. ball, designed highway infrastructure, ventions. Mr. Speaker, in celebration of Feb- and served as Governor of the U.S. Vir- Ernest Everett Just’s cellular work ruary as Black History Month, I offer gin Islands. to help find a cure for sickle cell ane- this resolution to celebrate the accom- Finally, my resolution honors David mia and cancer helped him become one plishments of four outstanding inven- Nelson Crosthwait, Jr., who lived from of the most well-respected scientists in tors. 1898 to 1976. He was born in Nashville, his field. The first, Garrett Augustus Morgan, Tennessee, and grew up in Kansas City, Many of the roads we travel on in the lived from 1877 to 1963 and was a son of Missouri. After graduating from Pur- D.C. area, including the Tidal Basin former slaves. He grew up in Kentucky due University in 1913 where he studied Bridge, the Whitehurst Freeway and on the family farm, but as an adoles- mechanical engineering, he took a job much of the Baltimore-Washington cent, he worked as a handyman for a with the C.A. Dunham Company. Parkway, were designed by Archibald wealthy Cincinnati landowner. Surely During his 40 years with the com- that early experience, as well as his Alphonso Alexander. pany, he became an expert on heat Considered an expert in heat trans- education, influenced and shaped his transfer, air ventilation, and central interest as an inventor. fer, ventilation, and air conditioning, Among his inventions, Garrett Mor- air-conditioning. He authored a manual David Nelson Crosthwait, Jr., invented gan designed a traffic signal that on heating and cooling with water. He numerous practical heating devices. greatly improved public safety. In the also wrote guides and standards as well These include an improved boiler, ther- early 1900s, bicycles, animal-powered as codes that dealt with heating, ven- mostat control, and differential vacu- carts, and motor vehicles shared the tilation, refrigeration, and air-condi- um pump for larger buildings, such as roads with pedestrians. Accidents fre- tioning systems. Radio City Music Hall and Rockefeller quently occurred between the vehicles. During the 1920s and 1930s, he in- Center. After witnessing a collision between an vented an improved boiler, a new ther- These men are role models for our automobile and a horse-driven car- mostat control, and a new differential next generation of scientists and engi- riage, Morgan was convinced that vacuum pump, which were all more ef- neers. This Congress, through America something should be done to improve fective for the heating systems in larg- COMPETES, has made great strides to traffic safety. He was the first to be er buildings. He also held numerous ensure that our Nation continues to at- granted a patent for a traffic signal patents and designed the heating sys- tract the best and the brightest to containing the caution provision. tems for Radio City Music Hall and these admirable and important careers. Prior to Morgan’s invention, most of Rockefeller Center. I support H. Res. 966 and encourage the traffic signals in use featured only These four individuals and so many my colleagues to do the same. two positions: stop and go. Because the others overcame the tremendous per- With that, I reserve the balance of manually operated traffic signals of sonal challenges to excel in their ca- my time, Mr. Speaker. the day allowed no interval between reers and benefit society. Ms. EDDIE BERNICE JOHNSON of the ‘‘stop’’ and ‘‘go’’ commands, colli- The National Society of Black Engi- Texas. Mr. Speaker, I have no requests sions at busy intersections were com- neers has chosen to lift up these for speaking, and I reserve. mon during the transition moving from innovators, and I thank the society for Mr. AKIN. Mr. Speaker, I yield back. one street to another. Morgan’s traffic its helpful input in designing this reso- Ms. EDDIE BERNICE JOHNSON of signal, as well as others, such as a safe- lution to honor these exceptional men. Texas. Mr. Speaker, I would simply ask ty hood and smoke protector, contrib- Let their light shine as an example for support of H. Res. 966 and thank the uted greatly to public safety. Such a to the thousands of African American Speaker, as well as the gentleman on simple innovation, yet a major impact. young students across the Nation. The the other side and all the staff for as- The second innovator mentioned in message of their lives, that of Black sisting. this resolution is Ernest Everett Just, History Month, and that of this resolu- Mr. Speaker, I yield back the balance who lived from 1883 to 1941. He grew up tion: with challenge comes persever- of my time. in Charleston, South Carolina, and was ance, with perseverance comes endur- The SPEAKER pro tempore. The the son of a dock builder. He dedicated ance, with endurance comes strength, question is on the motion offered by his life to cell biology research and and with strength comes success. the gentlewoman from Texas (Ms. earned a Ph.D at the University of Chi- It is my goal to wish success to all EDDIE BERNICE JOHNSON) that the cago. He studied the fundamental role students of color who aspire to future House suspend the rules and agree to of the cell surface in the development careers in science, technology, engi- the resolution, H. Res. 966. of organisms. He performed his re- neering, and math. The question was taken. search in the District of Columbia, Chi- Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. In the cago, and Massachusetts, as well as in my time. opinion of the Chair, two-thirds being Italy, Germany, and France. Mr. AKIN. Mr. Speaker, I rise today in the affirmative, the ayes have it. Ernest Just was truly a trailblazer in strong support of H. Res. 966. It’s fit- Mr. AKIN. Mr. Speaker, on that I de- during the time when African Amer- ting that this Congress is also consid- mand the yeas and nays. ican researchers were rare and under- ering the gentlelady from Texas’, Mrs. The yeas and nays were ordered. appreciated. JOHNSON’s, resolution on the same day The SPEAKER pro tempore. Pursu- The third individual to be honored is that we’re celebrating National Engi- ant to clause 8 of rule XX and the Archibald Alphonso Alexander, who neers Week. Chair’s prior announcement, further

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2104 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 proceedings on this motion will be skills in creative and innovative ways to ful- generation of American engineers and postponed. fill society’s needs; scientists. Whereas engineers have helped meet the f National Engineers Week takes place major technological challenges of our time— next week, just as it does every year, b 1430 from rebuilding towns devastated by natural to commemorate the birthday of disasters to designing an information super- SUPPORTING THE GOALS AND highway that will speed our country into the George Washington, one of our Na- IDEALS OF NATIONAL ENGI- future; tion’s greatest engineers. Engineers NEERS WEEK Whereas engineers are a crucial link in re- have helped make our country great, Mr. LIPINSKI. Madam Speaker, I search, development, and demonstration in from the American Revolution to the transforming scientific discoveries into use- move to suspend the rules and agree to development of key modern industries, ful products, and we will look more than such as the aerospace industry, as well the resolution (H. Res. 917) supporting ever to engineers and their knowledge and the goals and ideals of National Engi- as various alternative industries. Engi- skills to meet the challenges of the future; neers are at the forefront of human ad- neers Week, and for other purposes. Whereas engineers play a crucial role in The Clerk read the title of the resolu- developing the consensus engineering stand- vances because engineers combine cre- tion. ards that permit modern economies and soci- ativity with math and science training The text of the resolution is as fol- eties to exist; and to solve problems. Engineers are not lows: Whereas the 2006 National Academy of just builders, as they are sometimes Sciences report entitled ‘‘Rising Above the envisioned, they are problem solvers. H. RES. 917 Gathering Storm’’ highlighted the worri- This is one of the first things I was Whereas National Engineers Week has some trend that fewer students are now fo- taught when I was a graduate student grown into a formal coalition of more than cusing on engineering in college at a time at Stanford University in the Depart- 75 professional societies, major corporations, when increasing numbers of today’s 2,000,000 and government agencies, dedicated to en- United States engineers are nearing retirement of Engineering-Economic Sys- suring a diverse and well-educated future en- ment: Now, therefore, be it tems. Engineering is problem solving. gineering workforce by increasing under- Resolved, That the House of Representa- I have a unique perspective in Con- standing of and interest in engineering and tives— gress as one of fewer than 10 engineers technology careers among all young stu- (1) supports the goals and ideals of Na- currently serving. Besides my master’s dents, by promoting pre-college literacy in tional Engineers Week and its aim to in- degree from Stanford, I earned a bach- science, technology, engineering, and mathe- crease understanding of and interest in engi- elor’s degree from Northwestern Uni- matics (STEM), and raising public under- neering and technology careers and to pro- versity in mechanical engineering. It is standing and appreciation of engineers’ con- mote literacy in science, technology, engi- tributions to society; neering, and mathematics; and of great concern that America has fall- Whereas February 17–23, 2008, has been des- (2) will work with the engineering commu- en behind other countries in producing ignated by the President as National Engi- nity to make sure that the creativity and engineers. When I have toured engineers Week and the theme is ‘‘Engineers contribution of that community can be ex- neering schools, whether it’s been at Make a World of Difference’’; pressed through research, development, Northwestern University, Stanford Whereas National Engineers Week, which standardization, and innovation. University, Northern Illinois Univer- was founded in 1951 by the National Society The SPEAKER pro tempore (Ms. sity or the Illinois Institute of Tech- of Professional Engineers, is among the old- SOLIS). Pursuant to the rule, the gen- nology, I have heard again and again est of America’s professional outreach ef- tleman from Illinois (Mr. LIPINSKI) and forts; how few Americans are getting engi- Whereas National Engineers Week is cele- the gentleman from Missouri (Mr. neering degrees, especially graduate brated during the week of George Washing- AKIN) each will control 20 minutes. degrees in engineering. It is great that ton’s birthday to honor the contributions The Chair recognizes the gentleman America has such top universities that that our first President, a military engineer from Illinois. we are attracting some of the brightest and land surveyor, made to engineering; GENERAL LEAVE minds from around the world to study Whereas for one outreach program alone, Mr. LIPINSKI. Madam Speaker, I ask here, but we are losing more and more the National Engineers Week Future City unanimous consent that all Members of those students when they graduate Competition, more than 1,100 schools and 32,000 middle school students participate an- may have 5 legislative days to revise and go back home. nually and 7,500 volunteers donate more than and extend their remarks and to in- Engineers in the past helped us build 225,000 hours; clude extraneous material on H. Res. boats across the seas, railroads to take Whereas during National Engineers Week, 917, the resolution now under consider- us west, and the Internet to commu- more than 45,000 engineers connect with ation. nicate across the world. Today, we some 5,500,000 students and teachers in kin- The SPEAKER pro tempore. Is there need the innovative capability of engi- dergarten through high school as they help objection to the request of the gen- neers more than ever to confront the students and teachers determine practical tleman from Illinois? new challenges before us. applications of their academics and help stu- There was no objection. A few years ago, the National Acad- dents discover that STEM subjects can be emy of Sciences report entitled ‘‘Ris- fun; Mr. LIPINSKI. Madam Speaker, I Whereas National Engineers Week activi- yield myself such time as I may con- ing Above the Gathering Storm’’ raised ties at engineering schools and in other fo- sume. serious questions about America’s fu- rums are encouraging all our young math Madam Speaker, I rise today in sup- ture technological competitiveness. and science students to see themselves as port of H. Res. 917, supporting the goals This report called for the Federal Gov- possible future engineers and to realize the and ideals of National Engineers Week. ernment to take a number of actions, practical picture of knowledge; Founded by the National Society of including addressing the potential for a Whereas National Engineers Week sponsors Professional Engineers and including shortage of good engineers. I am proud are working together to transform the engi- more than 100 society, government and that Chairman GORDON and the Science neering workforce through the better inclusion of women and underrepresented minori- business sponsors and affiliates, includ- and Technology Committee on which I ties; ing Boeing and the American Society serve as vice chairman answered the Whereas engineers from all disciplines send of Mechanical Engineers, National En- report’s call and took action to bolster a new message to today’s youth: engineers gineers Week draws upon local and re- America’s competitiveness. Last sum- change the world, save lives, protect the gional experts to recognize the con- mer, Congress passed and the President Earth, and make a world of difference; tributions of engineers and to promote signed into law the America COM- Whereas engineers are working together to careers in engineering. PETES Act. This groundbreaking law mesh diversity and collaboration worldwide, From national and regional engineer- invests more in education, especially whether reaching for the stars, building global networks, or helping today’s young ing competitions, such as the Future in the STEM fields of science, tech- students prepare for their futures; City Competition, to events such as In- nology, engineering and math, and in- Whereas engineers use their professional, troduce a Girl to Engineering Day, this creases investment in critical research scientific, and technical knowledge and week is intended to inspire the next and development.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2105 America COMPETES has created new awareness of the valuable work and they were the ones who really helped awards for outstanding early-career re- contribution of engineers to society to mold this childhood fascination into an searchers and new graduate research attract young people of all ages to this interest in engineering. And I have assistantships in technological areas of rewarding profession. seen a lot of the work that is done in national need. These investments will I support the goals and ideals of Na- National Engineers Week to try to pro- greatly benefit our Nation’s engineers, tional Engineers Week, and I urge my vide this inspiration for students who helping America stay at the forefront colleagues to join me with their sup- are out there today. of innovation and increasing our na- port. I think this is very critical, as we tional, economic and environmental se- With that, Madam Speaker, I reserve face so many problems going into the curity. Indeed, America’s engineers are the balance of my time. future with energy, that we try and a critical component in developing and Mr. LIPINSKI. I continue to reserve take care of global warming and so employing the innovative technologies the balance of my time. many other issues that we face. We necessary to carry out many of the Mr. AKIN. Madam Speaker, I think it need to have more engineers in this provisions of the Energy Independence may be appropriate for me to add here country to help us solve these prob- and Security Act, the landmark energy a little interesting perspective that lems. National Engineers Week is a law passed at the end of last year. was not in the script today. It’s an in- great place to help provide inspiration Madam Speaker, I would like to cident that occurred about 19-plus so we have more engineers. And this thank the gentleman from South Caro- years ago. It seems like just the other resolution provides some more inspira- lina (Mr. INGLIS) for his work on this day. tion out there, hopefully, for some stu- resolution, as well as the 45 other co- I had just been elected to be a State dents who are watching this, listening sponsors. And I would especially like to legislator in the State of Missouri, and to this, reading this later on, that we thank the engineers who have contrib- I was very pleased and proud of that. do need more engineers. I want to en- uted so much to America, especially No one in my family had ever run for courage that. the 2 million engineers in America political office or slid that far down the I ask my colleagues to vote in sup- today. totem pole of life, but I was still look- port of H. Res. 917. I ask my colleagues to support H. ing forward to serving as a State rep- Ms. EDDIE BERNICE JOHNSON of Texas. Res. 917. resentative. And the first thing on my Madam Speaker, I would like to express my Madam Speaker, I reserve the bal- agenda was to go to an early morning support for H. Res. 917, supporting the goals ance of my time. breakfast with other legislators. I got and ideals of National Engineers Week. Mr. AKIN. Madam Speaker, I rise to the breakfast, but it was so early I Engineers are important to Texas. The petrochemical, space, high-tech and today in strong support of House Reso- was there just a little bit late. Just transportation industries are integral to Tex- lution 917. House Resolution 917 sup- about the time I was sitting down at ans’ livelihoods. ports the goals and ideals of National the table, one of the prominent legisla- In fact, Texas ranks first in the nation in in- Engineers Week, which will be cele- tors at the table said, You know, we dustries such as petrochemical, computer, and brated this year in just a few days, ought to have a law against engineers organic chemical manufacturing. Engineers starting February 17. serving in the legislature because they have contributed to that success. The National Society of Professional are just way too rational for the legis- As a Member of the House Committee on Engineers established the first Na- lative process. And I was just taking Science and Technology, I am glad to see my tional Engineers Week in 1951. Through my chair when somebody said, You’re colleague, Mr. LIPINSKI, offer this resolution. It all of the next week, a wide range of not an engineer, are you? And I said, is important to acknowledge engineers for the activities are planned around the Yes, I am. valuable work that they do. The Texas Society theme of ‘‘Engineers Make a World of So I’m thankful to be one of those of Professional Engineers works to foster a di- Difference’’ in order to increase the un- seven or so engineers that serve here in verse and skilled workforce. derstanding of and interest in engineer- the U.S. House. I do believe that there I want to commend the Society for its work ing and technology careers and to pro- is always a use for the discipline of to empower students by educating them about mote K–12 literacy in math and problem solving that engineering careers in engineering, providing materials for science. These activities will also high- brings. So if there may be someone use in classrooms, participating in after-school light the contributions that engineers that’s young and considering that ca- programs, disseminating scholarship informa- have made to our society. reer in engineering, I would advise tion, and holding math and science competi- Historically, Engineers Week is cele- them very strongly in favor of it, even tions. brated during the week of George though it involves a certain amount of I would also like to thank the Chairman of Washington’s actual birthday to honor suffering in undergraduate school. the House Committee on Science and Tech- his contributions to engineering as a With that, I yield back the balance of nology, Chairman GORDON, for his leadership military engineer and a land surveyor. my time. on issues of national competitiveness. As our Nation’s first President, he put Mr. LIPINSKI. I yield myself such I support this resolution and urge my col- our Nation on the path toward techno- time as I may consume. leagues to support it also. logical advancements, invention and Madam Speaker, I thank the gen- Mr. MCNERNEY. Madam Speaker, I am education. tleman from Missouri for his work on proud to support H. Res. 917, and I thank my We continue down that path today, this resolution. And as a fellow engi- colleague Mr. LIPINSKI for introducing this reso- which has grown exponentially into neer, I could not agree more that we lution. As a mathematician who spent much of multiple and complex highways of in- could use a few more engineers here in my career working as a renewable energy en- novation. It is our engineers, literally this body. gineer, I am particularly honored to advocate and figuratively, who build those high- I just wanted to say, I mentioned ear- for the passage of this legislation. H. Res. 917 ways and help keep us ahead of the in- lier that I have an engineering back- supports the goals and ideals of National En- novation curve. From landing a man on ground, and it really does give a unique gineers Week, a valuable opportunity to recog- the Moon to designing bags to carry perspective. But I think one of the nize the importance of the work engineers per- our groceries, engineers play a role in most important things about National form. nearly every facet of our lives. Engineers Week is the inspiration that Engineers are responsible for many of the Just a few weeks ago, the National we are looking to provide. vital technological breakthroughs that improve Science Foundation released the 2008 I remember when I was a kid growing the quality of life for Americans and people Science and Engineering Indicators up in Chicago, I was always fascinated around the globe. American engineers and loaded with statistics on our Nation’s by the way things work, especially me- businesses lead the world in innovation, but engineering future. It’s essential that chanical things. I remember with my unfortunately we are no longer producing as we capitalize on opportunities such as high school calculus and physics teach- many engineers as our international competi- National Engineers Week to raise ers, Father Thul and Father Fergus, tors. Without a sustained national effort to

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2106 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 train a new generation of engineers, our coun- NATIONAL OCEAN EXPLORATION (1) advise the Administrator on priority areas try is at risk of losing our competitive edge. PROGRAM ACT for survey and discovery; (2) assist the program in the development of a I am proud of the work of the 110th Con- Mr. LIPINSKI. Madam Speaker, I five-year strategic plan for the fields of explo- gress to reinvest in the science, technology, move to suspend the rules and pass the ration, discovery, and science; engineering, and math education programs bill (H.R. 1834) to authorize the na- (3) annually review the quality and effective- that will train the next generation of American tional ocean exploration program and ness of the proposal review process established engineers. In addition, the America COM- the national undersea research pro- under section 103(4); and PETES Act, which was passed last summer, gram within the National Oceanic and (4) provide other assistance and advice as re- is a signature bipartisan achievement that Atmospheric Administration, as quested by the Administrator. (b) FEDERAL ADVISORY COMMITTEE ACT.— marks a major milestone for science, tech- amended. (1) IN GENERAL.—The Federal Advisory Com- nology, engineering, and math education in The Clerk read the title of the bill. mittee Act (5 U.S.C. App.) shall not apply to the our country. More work remains to be done, The text of the bill is as follows: Ocean Exploration Advisory Board. however, and I hope all of my colleagues will H.R. 1834 (2) COMPLIANCE.—Notwithstanding paragraph join me in a bipartisan effort to support engi- Be it enacted by the Senate and House of Rep- (1), the Ocean Exploration Advisory Board shall neering in America. resentatives of the United States of America in be appointed and operate in a manner con- Congress assembled, sistent with all provisions of the Federal Advi- I would like to thank my colleagues again sory Committee Act with respect to— for their support of H. Res. 917, and I look for- TITLE I—NATIONAL OCEAN EXPLORATION PROGRAM (A) the balance of membership and expertise; ward to watching as American engineering (B) provisions of public notice regarding ac- SECTION 101. SHORT TITLE. tivities of the Ocean Exploration Advisory continues to thrive. This title may be cited as the ‘‘National Ocean Mr. SMITH of Nebraska. Madam Speaker, I Board; Exploration Program Act’’. (C) open meetings; and rise to salute the engineers, past, present, and SEC. 102. AUTHORIZATION. (D) public access to documents created by the future, of the United States of America. Engi- The Secretary of Commerce, through the Ad- Ocean Exploration Advisory Board. neers have shaped our history, from aiding the ministrator of the National Oceanic and Atmos- (c) UTILIZATION OF EXISTING PANEL.—If the colonists to win our independence to design- pheric Administration, shall, in consultation Administrator utilizes an existing panel to fulfill ing our advanced, modern technologies. They with the National Science Foundation and other the requirements of this section, the membership appropriate Federal agencies, conduct a coordi- impact our daily lives from the first ring of our of that panel must include relevant experts in nated national ocean exploration program with- the fields specified in subsection (a)(2). alarm clocks in the morning to our late-night, in the National Oceanic and Atmospheric Ad- online shopping. SEC. 105. APPLICATION WITH OUTER CONTI- ministration that promotes collaboration with NENTAL SHELF LANDS ACT. In my home State of Nebraska, engineers existing programs of the Administration, includ- Nothing in this title or title II supersedes, or aid agriculture with new and more effective ing those authorized in title II. limits the authority of the Secretary of the Inte- agricultural chemicals and better equipment SEC. 103. AUTHORITIES. rior under, the Outer Continental Shelf Lands and technologies. Nebraska engineers help In carrying out the program authorized under Act (43 U.S.C. 1331 et seq.). section 102, the Administrator of the National SEC. 106. AUTHORIZATION OF APPROPRIATIONS. secure our Nation’s energy independence by Oceanic and Atmospheric Administration (in There are authorized to be appropriated to the supporting the ethanol industry. Nebraska en- this title referred to as the ‘‘Administrator’’) National Oceanic and Atmospheric Administra- gineers ensure our roads, bridges, water- shall— tion to carry out this title— (1) conduct interdisciplinary voyages or other works, and other infrastructure are well de- (1) $30,500,000 for fiscal year 2008; scientific activities of discovery in conjunction signed, functional, and safe. (2) $33,550,000 for fiscal year 2009; with other Federal agencies or academic or edu- Engineers are key to a prosperous and pro- (3) $36,905,000 for fiscal year 2010; cational institutions, to explore and survey little (4) $40,596,000 for fiscal year 2011; ductive future for all Nebraskans and Ameri- known areas of the marine environment, inven- cans. There are nearly 150 engineering com- (5) $44,655,000 for fiscal year 2012; tory, observe, and assess living and nonliving (6) $49,121,000 for fiscal year 2013; panies in Nebraska’s Third District. Every day marine resources, and report such findings; (7) $54,033,000 for fiscal year 2014; I hear about the need to attract talented, edu- (2) give priority attention to deep ocean re- (8) $59,436,000 for fiscal year 2015; cated young people to fill technical, engineer- gions, with a focus on deep water marine sys- (9) $65,379,000 for fiscal year 2016; and ing, and science positions in small commu- tems that hold potential for important scientific (10) $71,917,000 for fiscal year 2017. nities and rural areas in the Third District. I discoveries, such as hydrothermal vent communities and seamounts; TITLE II—UNDERSEA RESEARCH have been, and continue to be, an enthusi- (3) conduct scientific voyages to locate, define, PROGRAM astic supporter of the America COMPETES and document historic shipwrecks, submerged SEC. 201. SHORT TITLE. act which encourages American competitive- sites, and other ocean exploration activities that This title may be cited as the ‘‘National Un- ness in Science, Technology, Engineering, combine archaeology and oceanographic dersea Research Program Act of 2007’’. and Mathematics (STEM) education. I am opti- sciences; SEC. 202. AUTHORIZATION. mistic this initiative will help Nebraska’s engi- (4) develop and implement, in consultation The Administrator of the National Oceanic with the National Science Foundation, a trans- and Atmospheric Administration shall conduct neering businesses attract and maintain native parent process for merit-based peer-review and talent in engineering. an undersea research program and shall des- approval of proposals for activities to be con- ignate a Director of that program. Mr. LIPINSKI. Madam Speaker, I ducted under this program; SEC. 203. PURPOSE. yield back the balance of my time. (5) enhance the technical capability of the United States marine science community by pro- The purpose of the program authorized under The SPEAKER pro tempore. The moting the development of improved oceano- section 202 is to increase scientific knowledge es- question is on the motion offered by graphic research, communication, navigation, sential for the informed management, use, and the gentleman from Illinois (Mr. LIPIN- and data collection systems, as well as under- preservation of oceanic, coastal, and large lake SKI) that the House suspend the rules water platforms and sensors and autonomous resources through undersea research, explo- and agree to the resolution, H. Res. 917. vehicles; ration, education, and technology development. The program shall be part of National Oceanic The question was taken. (6) accept donations of property, data, and equipment to be applied for the purpose of ex- and Atmospheric Administration’s undersea re- The SPEAKER pro tempore. In the ploring the oceans or increasing knowledge of search, education, and technology development opinion of the Chair, two-thirds being the oceans; and efforts, and shall make available the infrastruc- in the affirmative, the ayes have it. (7) establish an ocean exploration forum to ture and expertise to service the undersea encourage partnerships and promote commu- science and technology needs of the academic Mr. AKIN. Madam Speaker, on that I nication among experts and other stakeholders community and marine industry. demand the yeas and nays. in order to enhance the scientific and technical SEC. 204. PROGRAM. The yeas and nays were ordered. expertise and relevance of the national program. The program authorized under section 202 The SPEAKER pro tempore. Pursu- SEC. 104. OCEAN EXPLORATION ADVISORY shall be conducted through a national head- BOARD. quarters, a network of extramural regional un- ant to clause 8 of rule XX and the (a) ESTABLISHMENT.—The Administrator shall dersea research centers that represent all rel- Chair’s prior announcement, further appoint an Ocean Exploration Advisory Board, evant National Oceanic and Atmospheric Ad- proceedings on this motion will be or utilize an existing panel, composed of experts ministration regions, and a national technology postponed. in relevant fields to— institute. Overall direction of the program will

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 6333 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2107 be provided by the program director in coordination, in coordination with the National Science (3) conduct scientific voyages to locate, de- tion with a Council of Center Directors com- Foundation, the National Aeronautics and fine, and document historic shipwrecks, sub- prised of the directors of the extramural regional Space Administration, the United States Geo- merged sites, and other ocean exploration centers and the National Institute for Undersea logical Survey, the Department of the Navy, the activities that combine archaeology and Science and Technology. Mineral Management Service, and relevant gov- oceanographic sciences; SEC. 205. REGIONAL CENTERS AND INSTITUTE. ernmental, nongovernmental, academic, indus- (4) develop and implement, in consultation (a) PROGRAMS.—The following research, ex- try, and other experts, shall convene an ocean with the National Science Foundation, a ploration, education, and technology programs exploration and undersea research technology transparent, competitive process for merit- shall be conducted through the network of ex- and infrastructure task force, or utilize an exist- based peer-review and approval of proposals tramural regional centers and the National In- ing panel, to develop and implement a strat- for activities to be conducted under this pro- stitute for Undersea Science and Technology: egy— gram, taking into consideration advice of (1) Core research and exploration based on (1) to facilitate transfer of new exploration the Board established under section 104; national and regional undersea research prior- and undersea research technology to the pro- (5) enhance the technical capability of the ities. grams authorized under titles I and II of this United States marine science community by (2) Advanced undersea technology develop- Act; promoting the development of improved ment to support the National Oceanic and At- (2) to improve availability of communications oceanographic research, communication, mospheric Administration’s research mission infrastructure, including satellite capabilities, to navigation, and data collection systems, as and programs. the program; well as underwater platforms and sensors (3) Development, testing, and transition of ad- (3) to develop an integrated, workable, and and autonomous vehicles; and vanced undersea technology associated with comprehensive data management information (6) establish an ocean exploration forum to ocean observatories, submersibles, advanced div- processing system that will make information on encourage partnerships and promote commu- ing technologies, remotely operated vehicles, au- unique and significant features obtained by the nication among experts and other stake- tonomous underwater vehicles, and new sam- program available for research and management holders in order to enhance the scientific and pling and sensing technologies such as LEO–15, purposes; technical expertise and relevance of the na- Pisces, and the Aquarius habitat. (4) to conduct public outreach activities that tional program. (4) Undersea science-based education and out- improve the public understanding of ocean (b) DONATIONS.—In carrying out the pro- reach programs to enrich ocean science edu- science, resources, and processes, in conjunction gram authorized under section 102, the Ad- cation and public awareness of the oceans and with relevant programs of the National Oceanic ministrator may accept donations of prop- Great Lakes. and Atmospheric Administration, the National erty, data, and equipment to be applied for (5) Discovery, study, and development of nat- Science Foundation, and other agencies; and the purpose of exploring the oceans or in- ural products from ocean and aquatic systems. (5) to encourage cost-sharing partnerships creasing knowledge of the oceans. (b) OPERATIONS.—Operation of the extramural with governmental and nongovernmental enti- SEC. 104. OCEAN EXPLORATION ADVISORY regional centers and the National Institute for ties that will assist in transferring exploration BOARD. Undersea Science and Technology shall leverage technology and technical expertise to the pro- (a) ESTABLISHMENT.—The Administrator partnerships and cooperative research with aca- gram. shall appoint an Ocean Exploration Advisory demia and private industry. (b) UTILIZATION OF EXISTING PANEL.—If the Board composed of experts in relevant fields SEC. 206. COMPETITIVENESS. Administrator utilizes an existing panel to fulfill to— Except for a small discretionary fund for the requirements of this section, the membership (1) advise the Administrator on priority rapid response activities, for which no more of that panel must include representative of all areas for survey and discovery; than 10 percent of the program budget shall be the agencies and other interests specified in sub- (2) assist the program in the development set aside, and for National Oceanic and Atmos- section (a). of a five-year strategic plan for the fields of pheric Administration-related service projects, TITLE I—NATIONAL OCEAN EXPLORATION ocean, marine, and Great Lakes exploration, the external projects supported by the regional PROGRAM discovery, and science; centers shall be managed using an open and SEC. 101. SHORT TITLE. (3) annually review the quality and effec- competitive process to evaluate scientific merit, This title may be cited as the ‘‘National tiveness of the proposal review process estab- relevance to the National Oceanic and Atmos- Ocean Exploration Program Act’’. lished under section 103(4); and pheric Administration, regional and national re- SEC. 102. AUTHORIZATION. (4) provide other assistance and advice as search priorities, and technical feasibility. The Administrator of the National Oceanic requested by the Administrator. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. and Atmospheric Administration shall, in (b) FEDERAL ADVISORY COMMITTEE ACT.— There are authorized to be appropriated to the consultation with the National Science Section 14 of the Federal Advisory Com- National Oceanic and Atmospheric Administra- Foundation and other appropriate Federal mittee Act (5 U.S.C. App.) shall not apply to tion to carry out this title— agencies, conduct a coordinated national the Board appointed under subsection (a). (1) $17,500,000 for fiscal year 2008; ocean exploration program within the Na- SEC. 105. APPLICATION WITH OUTER CONTI- (2) $19,500,000 for fiscal year 2009; tional Oceanic and Atmospheric Administra- NENTAL SHELF LANDS ACT. (3) $21,500,000 for fiscal year 2010; tion that promotes collaboration with other Nothing in this Act supersedes, or limits (4) $23,500,000 for fiscal year 2011; the authority of the Secretary of the Inte- (5) $25,500,000 for fiscal year 2012; Federal ocean and undersea research and exploration programs. To the extent appro- rior under the Outer Continental Shelf Lands (6) $27,500,000 for fiscal year 2013; Act (43 U.S.C. 1331 et seq.). (7) $29,500,000 for fiscal year 2014; priate, the Administrator shall seek to fa- (8) $31,500,000 for fiscal year 2015; cilitate coordination of data and information SEC. 106. AUTHORIZATION OF APPROPRIATIONS. (9) $33,500,000 for fiscal year 2016; and management systems, outreach and edu- There are authorized to be appropriated to (10) $35,500,000 for fiscal year 2017. cation programs to improve public under- the National Oceanic and Atmospheric Ad- ministration to carry out this title— TITLE III—INTERAGENCY FINANCING, standing of ocean and coastal resources, and (1) $30,500,000 for fiscal year 2008; PLANNING, AND COORDINATION development and transfer of technologies to (2) $33,550,000 for fiscal year 2009; SEC. 301. INTERAGENCY FINANCING. facilitate ocean and undersea research and exploration. (3) $36,905,000 for fiscal year 2010; The Administrator of the National Oceanic (4) $40,596,000 for fiscal year 2011; SEC. 103. AUTHORITIES. and Atmospheric Administration, the National (5) $44,655,000 for fiscal year 2012; Science Foundation, the Department of the (a) IN GENERAL.—In carrying out the program authorized under section 102, the Ad- (6) $49,121,000 for fiscal year 2013; and Navy, and other Federal agencies involved in (7) $54,033,000 for fiscal year 2014. the programs authorized under title I and II, ministrator of the National Oceanic and At- may participate in interagency financing and mospheric Administration (in this title re- TITLE II—UNDERSEA RESEARCH share, transfer, receive, and spend funds appro- ferred to as the ‘‘Administrator’’) shall— PROGRAM priated to any Federal participant in the pro- (1) conduct interdisciplinary voyages or SEC. 201. SHORT TITLE. gram for the purposes of carrying out any ad- other scientific activities of discovery in This title may be cited as the ‘‘National ministrative or programmatic project or activity conjunction with other Federal agencies or Undersea Research Program Act of 2007’’. under the program. Funds may be transferred academic or educational institutions, to ex- SEC. 202. AUTHORIZATION. among such departments and agencies through plore and survey little known areas of the The Administrator of the National Oceanic an appropriate instrument that specifies the marine environment, inventory, observe, and and Atmospheric Administration shall con- goods, services, or space being acquired from an- assess living and nonliving marine resources, duct an undersea research, exploration, edu- other Federal participant and the costs thereof. and report such findings; cation, and technology development program SEC. 302. OCEAN EXPLORATION AND UNDERSEA (2) give priority attention to deep ocean re- and shall designate a Director of that pro- RESEARCH TECHNOLOGY AND IN- gions, with a focus on deep water marine sys- gram. FRASTRUCTURE TASK FORCE. tems that hold potential for important sci- SEC. 203. PURPOSE. (a) IN GENERAL.—The Administrator of the entific discoveries, such as hydrothermal The purpose of the program authorized National Oceanic and Atmospheric Administra- vent communities and seamounts; under section 202 is to increase scientific

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2108 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 knowledge essential for the informed man- SEC. 207. AUTHORIZATION OF APPROPRIATIONS. and extend their remarks and to in- agement, use, and preservation of oceanic, There are authorized to be appropriated to clude extraneous material on H.R. 1834, coastal, and Great Lakes resources. The Di- the National Oceanic and Atmospheric Ad- the bill now under consideration. rector, in carrying out the program author- ministration to carry out this title— The SPEAKER pro tempore. Is there ized in section 202, shall cooperate with in- (1) $17,500,000 for fiscal year 2008; stitutions of higher education and other edu- (2) $19,500,000 for fiscal year 2009; objection to the request of the gen- cational marine and ocean science organiza- (3) $21,500,000 for fiscal year 2010; tleman from Illinois? tions, and shall make available undersea re- (4) $23,500,000 for fiscal year 2011; There was no objection. search facilities, equipment, technologies, (5) $25,500,000 for fiscal year 2012; Mr. LIPINSKI. Madam Speaker, I information, and expertise to support under- (6) $27,500,000 for fiscal year 2013; and yield myself such time as I may con- sea research efforts by these organizations. (7) $29,500,000 for fiscal year 2014. sume. The Director may also enter into partner- TITLE III—INTERAGENCY FINANCING ships, using existing authorities, with the Madam Speaker, I rise today in sup- PLANNING AND COORDINATION private sector to achieve the goals of the port of H.R. 1834, the National Ocean program and to promote technological ad- SEC. 301. INTERAGENCY FINANCING. Exploration and National Undersea Re- vancement of the marine industry. The Administrator of the National Oceanic search Program Act. SEC. 204. PROGRAM. and Atmospheric Administration, the Na- I would like to first thank our col- tional Science Foundation, the Department The program authorized under section 202 league, Representative SAXTON from of the Navy, and other Federal agencies in- shall be conducted through a national head- the Natural Resources Committee, for quarters, a network of extramural regional volved in the programs authorized under undersea research centers that represent all title I and II, are authorized to participate in his leadership on important ocean and relevant National Oceanic and Atmospheric interagency financing and share, transfer, Great Lakes issues. This is a good bill Administration regions, and a national tech- receive, and spend funds appropriated to any that will expand our knowledge of the nology institute. Overall direction of the Federal participant in the program for the ocean and provide information about program will be provided by the program di- purposes of carrying out any administrative the vast resources of the seas. rector in coordination with a Council of Cen- or programmatic project or activity under The coastal areas of our Nation sup- ter Directors comprised of the directors of this Act. Funds may be transferred among port a wide variety of significant ac- the extramural regional centers and the Na- such departments and agencies through an tional Institute for Undersea Science and appropriate instrument that specifies the tivities, but in many respects the Technology. Program direction shall be pub- goods, services, or space being acquired from oceans remain a mystery, with many lished not later than 3 years after the date of another Federal participant and the costs areas unexplored. Marine scientists tell enactment of this Act. thereof. us that we haven’t come close to tap- SEC. 205. REGIONAL CENTERS AND INSTITUTE. SEC. 302. OCEAN EXPLORATION AND UNDERSEA ping the resources available to us from (a) PROGRAMS.—The following research, ex- RESEARCH TECHNOLOGY AND IN- the oceans. I hope that my colleagues ploration, education, and technology pro- FRASTRUCTURE TASK FORCE. today from both sides of the aisle will The Administrator of the National Oceanic grams shall be conducted through the net- agree that we should steer research work of extramural regional centers and the and Atmospheric Administration, in coordi- National Institute for Undersea Science and nation with the National Science Founda- dollars to those fact-finding projects so Technology: tion, the National Aeronautics and Space that humanity might one day reap the (1) Core research and exploration based on Administration, the United States Geologi- benefits of our oceanic resources. national and regional undersea research pri- cal Survey, the Department of the Navy, the This bill provides the National Oce- orities. Mineral Management Service, and relevant anic and Atmospheric Administration, (2) Advanced undersea technology develop- governmental, non-governmental, academic, NOAA, with the authorities and direc- ment to support the National Oceanic and industry, and other experts, shall convene an tion to support a vigorous ocean explo- ocean exploration and undersea research Atmospheric Administration’s research mis- ration program. The bill authorizes sion and programs. technology and infrastructure task force to (3) Development, testing, and transition of develop and implement a strategy— two programs to be carried out by advanced undersea technology associated (1) to facilitate transfer of new exploration NOAA. The Ocean Exploration Pro- with ocean observatories, submersibles, ad- and undersea research technology to the program will explore and survey the ocean vanced diving technologies, remotely oper- grams authorized under titles I and II of this and assess ocean and costal resources. ated vehicles, autonomous underwater vehi- Act; The National Undersea Research Pro- cles, and new sampling and sensing tech- (2) to improve availability of communica- gram will operate through a network of nologies. tions infrastructure, including satellite ca- regional undersea research centers. pabilities, to such programs; (4) Undersea science-based education and Both of those programs have strong outreach programs to enrich ocean science (3) to develop an integrated, workable, and education and public awareness of the oceans comprehensive data management informa- education and outreach programs. and Great Lakes. tion processing system that will make infor- Madam Speaker, H.R. 1834 is a good (5) Discovery, study, and development of mation on unique and significant features bill. It is a product of a bipartisan ef- natural products from ocean and aquatic sys- obtained by such programs available for re- fort to promote expanded appreciation tems. search and management purposes; and knowledge of the oceans. I urge my (b) OPERATIONS.—Operation of the extra- (4) to conduct public outreach activities colleagues to support the legislation. mural regional centers and the National In- that improve the public understanding of Madam Speaker, I reserve the bal- stitute for Undersea Science and Technology ocean science, resources, and processes, in shall leverage partnerships and cooperative conjunction with relevant programs of the ance of my time. research with academia and private indus- National Oceanic and Atmospheric Adminis- b 1445 try. tration, the National Science Foundation, SEC. 206. COMPETITION. and other agencies; and Mr. AKIN. Madam Speaker, I yield (a) DISCRETIONARY FUND.—The program (5) to encourage cost-sharing partnerships myself such time as I may consume. shall allocate no more than 10 percent of its with governmental and nongovernmental en- I rise in support of H.R. 1834, the Na- annual budget to a discretionary fund that tities that will assist in transferring explo- tional Ocean Exploration Program Act. may be used only for program administra- ration and undersea research technology and The National Oceanic and Atmos- tion and priority undersea research projects technical expertise to the programs. pheric Administration, or NOAA, is the identified by the Director but not covered by The SPEAKER pro tempore. Pursu- Nation’s lead agency charged with con- funding available from centers. (b) COMPETITIVE SELECTION.—The Adminis- ant to the rule, the gentleman from Il- serving and managing our coastal and trator shall conduct a competition to select linois (Mr. LIPINSKI) and the gentleman oceanic resources. As such, relevant the regional centers that will participate in from Missouri (Mr. AKIN) each will con- and high-quality research and develop- the program five years after the date of en- trol 20 minutes. ment is vital to NOAA’s ability to bet- actment of this Act and every five years The Chair recognizes the gentleman ter understand the marine ecosystems thereafter. Funding for projects conducted from Illinois. it manages. NOAA’s ocean exploration through the regional centers shall be award- GENERAL LEAVE ed through a competitive, merit-reviewed efforts have been organized in a sys- process on the basis of their relevance to the Mr. LIPINSKI. Madam Speaker, I ask tematic and strategic manner in order goals of the program and their technical fea- unanimous consent that all Members to investigate the farthest depths of sibility. may have 5 legislative days to revise the Earth’s oceans. NOAA’s undersea

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2109 research programs allow for direct ac- the Ocean Exploration and National to investigate the undersea environ- cess to undersea environments through Undersea Research Programs in the ment, including submersibles, re- submersibles and indirect observation National Oceanic and Atmospheric Ad- motely operated vehicles, autonomous through the use of robots and sea-floor ministration. underwater vehicles, mixed gas diving observatories. These programs provide According to the U.S. Commission on gear, underwater laboratories and ob- invaluable information that enables us Ocean Policy, about 95 percent of the servatories. to learn more about our environment ocean floor remains unexplored. This Title II of the bill, the National Un- that covers more than two-thirds of vast area teems with undiscovered spe- dersea Research Program Act of 2007, our planet. cies and natural and cultural re- formally authorizes the National Un- H.R. 1834 authorizes two existing sources. On virtually every expedition, dersea Research Program for the first ocean programs: the Ocean Exploration oceanographers and explorers make time, and we’re very proud of this. The Program and the National Undersea fascinating new discoveries. Hydro- legislation creates a competitive proc- Research Program. Under this author- thermal vents in the Pacific, numerous ess for the extramural undersea re- ization, NOAA is required to work with new species, and important archeo- search centers to encourage the very the National Science Foundation to logical sites are but a few of the impor- best undersea research program for the map out a coordinated national explo- tant discoveries made in the past 30 United States. ration program that promotes collabo- years. Both of these programs authorized in ration with other Federal ocean explo- Consequently, the report of the U.S. this legislation are core to the mission ration programs to prevent duplicative Commission on Ocean Policy rec- of NOAA. I urge my colleagues to sup- efforts. This bill also requires NOAA to ommended the National Oceanic and port this important bipartisan legisla- conduct an undersea research, explo- Atmospheric Administration and the tion. ration, education, and technology de- National Science Foundation should Mr. LIPINSKI. Madam Speaker, I velopment program that coordinates lead and expand our national ocean ex- continue to reserve the balance of my with similar efforts of the academic ploration and undersea research pro- time. and marine and ocean science commu- grams. Mr. AKIN. Madam Speaker, I yield nities. I am proud to be the sponsor of H.R. back the balance of my time. Most of these research and explo- 1834. I’m proud that it’s a bipartisan Mr. LIPINSKI. Madam Speaker, I ration efforts are conducted by outside piece of legislation, and I’m proud that want to thank Mr. SAXTON for his work groups who receive grants and funding it promotes implementation of the on this bill. I’m very happy we were from NOAA. H.R. 1834 requires that commission’s recommendations. able to work this through the Science such funding shall now be distributed This bill authorizes two important and Technology Committee in a bipar- through a competitive bid process. programs: the Ocean Exploration Pro- tisan manner, and I urge all my col- Competition for funding will encourage gram as well as the National Undersea leagues to support this legislation. existing research centers to select Research Program, also known as Mr. FARR. Madam Speaker, I rise in sup- their most valuable research projects NURP. The Ocean Exploration Pro- port of H.R. 1834 introduced by my colleague and partner with each other on other gram was created to investigate the JIM SAXTON. This bill would authorize the na- research programs. This competition is oceans for the purpose of discovery and tional ocean exploration program and the na- essential to ensure that the best re- the advancement of knowledge. It is tional undersea research program within the search programs and ideas are ade- the NOAA program established to, National Oceanic and Atmospheric Administra- quately funded, something that, unfor- first, explore and map the oceans un- tion. tunately, has not always been the case known and poorly known living and Our world is defined by its ocean. Planet in the past. nonliving resources and, second, to Earth could be better named Planet Ocean. Madam Speaker, at a time when our gain new insights about its physical, We are truly an ocean nation. In fact, more Nation is struggling to divide resources chemical, biological, and archeological than half of the United States lies underwater among a greater number of programs, characteristics. and all people in the United States and in the we cannot afford to allow spending on Title I of the bill, the National Ocean world are affected by the ocean. The ocean research programs that do not provide Exploration Program Act, will create helps control our climate, influences our pertinent information related to better coordination between NOAA and weather, and affects our health. NOAA’s important mission. The au- the National Science Foundation. The The ocean gives us rain, oxygen, food, thorizing of these two programs and purposes of the act are to expand the medicines, and minerals and energy sources. the competitive grant process that is ocean exploration to discover new ma- The ocean supports our nation’s economy: it established in this bill will ensure that rine substances that potentially have is a highway for transportation of goods and NOAA is able to fund only the most therapeutic benefits; to study the people. Even our national security is affected useful projects and leverage taxpayer unique marine ecosystems, organisms, by the ocean. dollars in a way that provides the most and the geology of the world’s oceans; Our ocean is important as a heritage to useful information to understanding and to maximize ocean research effec- many cultures throughout the world and to our and managing our ocean environment. tiveness by integrating multiple sci- cultures throughout the United States. This I urge all my colleagues to support entific disciplines in the ocean science one world ocean we all share is also a con- H.R. 1834. community. stant source of wonder and discovery. Madam Speaker, I would like to yield A new element created by the legisla- In spite of its importance, little of the ocean now such time as he may consume to tion is an Ocean Exploration Advisory has been explored. The ocean is our last and my colleague JIM SAXTON from the Board. The National Undersea Re- largest frontier. More is known about the moon State of New Jersey. He has a long and search Program is part of the National than is known about the deepest parts of the very well-established reputation here, Oceanic and Atmospheric Administra- ocean. and, by the way, this is part of his leg- tion’s Office of Oceanic and Atmos- This bill will add to the National Oceanic islation. pheric Research. As the Federal agency and Atmospheric Administration’s ability to Mr. SAXTON. I thank the gentleman responsible for managing living marine conduct research and exploration of the for yielding, and I thank the gentleman and coastal organisms, NOAA requires ocean. The bill will foster collaboration be- from Illinois for his kind remarks and a presence beneath the sea and the tween the National Oceanic and Atmospheric great description, I might add, of the Great Lakes to better understand the Administration, the National Science Founda- bill. systems under its management. NURP tion, and the Department of the Navy. Madam Speaker, I obviously rise in provides NOAA with the unique capa- The ocean exploration program and the un- strong support of H.R. 1834 and am very bility to access the undersea environ- dersea exploration program will drive techno- pleased that it’s here under this bipar- ment. NURP also provides scientists logical advances and will increase our knowl- tisan arrangement. It authorizes both with the tools and expertise they need edge about the ocean to help us understand

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 9920 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2110 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 how to best manage, use, and preserve this nologies to support ocean exploration and (B) in subparagraph (E)— resource. science, and expand extramural ocean re- (i) in the paragraph heading, by striking Madam Speaker, I urge my colleagues to search. ‘‘WAIVER’’ and inserting ‘‘EXEMPTION’’; join me in supporting this bill, and show that Additionally, this legislation would empha- (ii) by striking ‘‘waive the registration service fee for an application’’ and inserting the age of discovery is not over. size the importance of outreach and public ‘‘exempt an application from the registra- Mr. FALEOMAVAEGA. Madam Speaker, I education to ensure that future scientific dis- tion service fee’’; and rise today in strong support of H.R. 1834, to coveries and benefits are disseminated to de- (iii) in clause (ii), by striking ‘‘waiver’’ and authorize the national ocean exploration cision-makers in both the public and private inserting ‘‘exemption’’; and prgram and the national undersea research sectors and conveyed to the general public. (2) in subsection (m)(2), by striking ‘‘2008’’ program within the National Oceanic and At- This will increase both public awareness and each place it appears and inserting ‘‘2012’’. mospheric Administration. appreciation of how the world’s oceans affect (b) EFFECTIVE DATE.—The amendments made by subsection (a) take effect on Octo- First and foremost, I want to commend my our economic and environmental well-being. ber 1, 2007. good friend Mr. JIM SAXTON of New Jersey Again, I commend my colleagues on the The SPEAKER pro tempore. Pursu- and other cosponsors for introducing this im- Committee on Science and Tecnology for their ant to the rule, the gentleman from portant legislation. I also want to acknowledge cooperation. The support of the Chairman of California (Mr. CARDOZA) and the gen- the leadership for both the Committee on Nat- the Natural Resources Committee, Chairman tleman from Oklahoma (Mr. LUCAS) NICK RAHALL, and the ranking Republican ural Resources and the Comnrittee on each will control 20 minutes. Science and Technology. member, Congressman DON YOUNG, was also The Chair recognizes the gentleman Madam Speaker, H.R. 1834, the National indispensible. Finally, I also acknowledge the from California. Ocean Exploration Program Act, is an impor- leadership of Congressman JIM SAXTON, the Mr. CARDOZA. Madam Speaker, I tant piece of legislation because it will expand sponsor of the bill. I encourage members to yield myself such time as I may con- ocean exploration and will be a key avenue in vote for this non-controversial legislation. sume. understanding better our marine ecosystems Mr. LIPINSKI. Madam Speaker, I Senate bill 2571 provides a technical and coastal resources and, importantly, maxi- yield back the balance of my time. correction to the reauthorization of mize effective research relating to the phys- The SPEAKER pro tempore. The the Pesticide Registration Improve- ical, chemical, and biological characteristics of question is on the motion offered by ment Act approved by the House and our oceans and lakes. We have succeeded in the gentleman from Illinois (Mr. LIPIN- the Senate and that was signed by the embarking missions to space but have failed SKI) that the House suspend the rules President on October 9, 2007. in studying the unknown in our very oceans. and pass the bill, H.R. 1834, as amend- As my colleagues know, EPA is cur- This legislation will provide scientists the ed. rently responsible for regulating the necessary equipment to investigate and ex- The question was taken. sale, use, and distribution of pesticides. plore the undersea environment and will allow The SPEAKER pro tempore. In the In order to facilitate and expedite the NOAA to conduct archaeological and scientific opinion of the Chair, two-thirds being approval process, pesticide manufac- voyages of historic shipwrecks and cultural in the affirmative, the ayes have it. turers and other registrants have sup- Mr. AKIN. Madam Speaker, on that I sites important to our academic and local plemented EPA’s annual budget for a demand the yeas and nays. communities. number of years. It’s a win-win process The yeas and nays were ordered. for both the manufacturer and the end Again, I thank my colleagues for supporting The SPEAKER pro tempore. Pursu- this bipartisan legislation. user and a clear example of good gov- ant to clause 8 of rule XX and the ernment at its best. Ms. BORDALLO. Madam Speaker, I rise in Chair’s prior announcement, further strong support of H.R. 1834. I want to com- Unfortunately, EPA has interpreted proceedings on this motion will be the PRIA reauthorization approved by mend my colleagues from the Committee on postponed. Science and Technology, Chairman BART Congress to collect fees for chemicals f GORDON, and the Ranking Republican Mem- that are not part of the Interregional Project Number 4, a popular research ber, Congressman RALPH HALL, for their lead- MAKING TECHNICAL CORRECTIONS ership in bringing this important bill to enhance TO THE FEDERAL INSECTICIDE, program that assesses tolerance levels our understanding of the marine environment FUNGICIDE, AND RODENTICIDE for pest management chemicals applied on specialty crops. These IR–4 chemi- to the House floor. ACT cals have historically been exempt When I became Chairwoman of the Sub- Mr. CARDOZA. Madam Speaker, I from fees prior to the enactment of the committee on Fisheries, Wildlife and Oceans move to suspend the rules and pass the PRIA reauthorization, and it was not at the beginning of the 110th Congress, one of Senate bill (S. 2571) to make technical the intention of the House nor the Sen- my top priorities was to take action on legisla- corrections to the Federal Insecticide, ate to suddenly assess fees on all these tion to address the thoughtful recommenda- Fungicide, and Rodenticide Act. chemicals. tions offered by the U.S. Commission on The Clerk read the title of the Senate This bill will simply restore the sta- Ocean Policy to improve our Nation’s ocean bill. tus quo for these particular products environment. This legislation, H.R. 1834, The text of the Senate bill is as fol- and reassert congressional intent. would implement a key recommendation of the lows: Because the program fees are being Commission by authorizing two important S. 2571 assessed on IR–4 chemicals as we ocean research programs within the National Be it enacted by the Senate and House of Rep- speak, it is vitally important to ad- Oceanic and Atmospheric Administration—the resentatives of the United States of America in dress this situation immediately. Ocean Exploration Program and the National Congress assembled, While the farm bill would be the nat- Undersea Research Program. SECTION 1. TECHNICAL CORRECTIONS TO THE ural vehicle to make this technical This legislation, which refines the bill that FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT. correction, EPA is currently unable to was reported by the Committee on Natural (a) PESTICIDE REGISTRATION SERVICE process any registration applications Resources on August 4, 2007, would further FEES.—Section 33 of the Federal Insecticide, without these fees being paid. There- strengthen NOAA’s standing as the pre- Fungicide, and Rodenticide Act (7 U.S.C. fore, while this fix is not controversial, eminent civilian federal ocean agency by 136w–8) is amended— it is extremely time sensitive, and the granting the agency explicit authority to con- (1) in subsection (b)(7)— uncertainty of the farm bill process duct scientific research that directly contributes (A) in subparagraph (D)— dictates that Congress must take ac- to increasing scientific knowledge of the (i) by striking clause (i) and inserting the tion now. world’s oceans. following: Restoring congressional intent by ‘‘(i) IN GENERAL.—The Administrator may The legislation would address the glaring exempt from, or waive a portion of, the reg- passing this technical correction to national need identified by the U.S. istration service fee for an application for PRIA will prevent delays and backups Commision on Ocean Policy to develop and minor uses for a pesticide.’’; and of applications and stop EPA from col- advance new innovations in oceanographic re- (ii) in clause (ii), by inserting ‘‘or exemp- lecting and then reimbursing the fees search, communication and navigation tech- tion’’ after ‘‘waiver’’; and for these chemicals.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2111 It is important that we continue to GENERAL LEAVE government. And it should be under- encourage the type of public-private Mr. CARDOZA. Madam Speaker, I stood as perhaps another attempt to partnerships envisioned in PRIA. I urge ask unanimous consent that all Mem- use national security for partisan ends. my colleagues to support this technical bers have 5 legislative days in which to The administration’s view is that the fix and the underlying goals of the Pes- revise and extend their remarks on the President, as Commander in Chief, can ticide Registration Improvement Act. bill just considered. spy on Americans in the United States Madam Speaker, I reserve the bal- The SPEAKER pro tempore. Is there without a warrant, a proposition that ance of my time. objection to the request of the gen- is very seriously contested by many of Mr. LUCAS. Madam Speaker, I yield tleman from California? our constitutional and civil liberties myself such time as I may consume. There was no objection. authorities. Congress is committed to I rise today in support of S. 2571. providing the executive branch the f Madam Speaker, last fall we passed tools it needs. But we need to do so to Senate bill 1983, which reauthorized the PROTECT AMERICA ACT OF 2007 make sure that the power to spy on highly successful Pesticide Registra- EXTENSION Americans is not subject to abuse or tion Improvement Act. That act had The SPEAKER pro tempore. Pursu- misuse. All of us in this body think been worked on by a number of Mem- ant to section 2 of House Resolution that that is of paramount concern. bers in the House and Senate, including 976, proceedings will now resume on the The administration has requested the chairmen and ranking members of bill (H.R. 5349) to extend the Protect that the Congress rubber-stamp its pro- the House and Senate Agriculture America Act of 2007 for 21 days. posed legislation but has refused to Committees as well as the chairman The Clerk read the title of the bill. provide Congress the information that and ranking member of the Sub- The SPEAKER pro tempore. When would even purport to support the leg- committee on Horticulture and Or- proceedings were postponed earlier islation. It is the administration that ganic Agriculture. In developing this today, 131⁄2 minutes remained in de- has unfortunately played politics with legislation, we sought the advice and bate. this issue. The administration still counsel of the administration, the af- The gentleman from Michigan (Mr. hasn’t provided us with all of our re- fected industry, and the environmental CONYERS) has 7 minutes remaining, the quested documents. community. I was very happy to have gentleman from Texas (Mr. SMITH) has Just yesterday, another letter was the unanimous endorsement of all in- 41⁄2 minutes remaining, and the gen- sent requesting the same information terested parties as we moved forward tleman from Michigan (Mr. HOEKSTRA) we have been asking for for so long. with that bill. has 2 minutes remaining. The House can’t simply be stonewalled As is not uncommon in working on Mr. CONYERS. Madam Speaker, I or ignored. And it cannot exercise its complex legislation, language is in- would begin by yielding myself as constitutional responsibility and then cluded that is subject to interpreta- much time as I may consume. be bullied to rubber-stamp complicated tion, and in this particular case we in- Members of the House, after delaying and important legislation that impacts cluded language intending to maintain consideration of the House-passed RE- on national security. an existing fee exemption for certain STORE Act for months, just last night We hope that the measure before us chemicals that have limited uses on the other body has passed a very trou- today will be passed resoundingly in a specialty crops. Unfortunately, the bling FISA bill. Their action comes bipartisan way. EPA has interpreted the final language only 3 days before the expiration of the Madam Speaker, I reserve the bal- to mean that they would not be able to temporary bill which expires this Sat- ance of my time. continue to offer this exemption. This urday, and we have a number of prob- Mr. SMITH of Texas. Madam Speak- bill that we are considering today lems with the legislation coming from er, I yield myself 11⁄2 minutes. would simply restore the status quo for the other side. Madam Speaker, this extension does these chemicals, as was the congres- First, it provides blanket retroactive nothing more than contribute uncer- sional intent. amnesty for telecom companies that tainty to our intelligence community I urge all of my colleagues to support took part in warrantless surveillance and put our foreign surveillance activi- this legislation. programs. Now I have never heard, in ties at risk. We have a bill we can pass Madam Speaker, I yield back the bal- my legal experience, that retroactive right now. Yesterday, the Senate ap- ance of my time. immunity, or immunity of any kind, proved its bipartisan FISA bill by an b 1500 can be given when you don’t know overwhelming majority of 68–29. The Mr. CARDOZA. Madam Speaker, I what it is being given for, and that pre- Senate bill addresses the concerns of just want to thank my colleague, the sents quite a large problem. Then there our intelligence community and has very capable and wise gentleman from is no FISA Court review of certain au- strong bipartisan support. Oklahoma who has been a great friend thorizations generally referred to as The intelligence community needs a throughout the years that I have been ‘‘basket warrants’’ until after the wire- long-term fix to gaps in our intel- here and thank him for his assistance tapping starts. It creates a problem ligence laws now, not 21 days from in this legislation. that we would use the additional 21 now. What message does it send that I yield back the balance of my time. days that we are asking for, I think we lack confidence in our intelligence The SPEAKER pro tempore. The that would come under very close ex- community? Why are we making our- question is on the motion offered by amination. selves vulnerable to those who want to the gentleman from California (Mr. And then there are much weaker pro- hurt us? Spies and terrorists don’t op- CARDOZA) that the House suspend the visions on stopping other warrantless erate by deadlines and sunsets. Neither rules and pass the Senate bill, S. 2571. wiretapping, for example, reverse tar- should our intelligence laws. The question was taken. geting of U.S. citizens and the question We cannot allow the Protect America The SPEAKER pro tempore. In the of sufficient congressional oversight. Act to expire and return to the status opinion of the Chair, two-thirds being So based on the documents that have quo, unable to begin any new foreign in the affirmative, the ayes have it. been provided so far, and they are far surveillance. The time to act is now. Mr. LUCAS. Madam Speaker, on that from complete, I have letters of re- Another extension represents a failure I demand the yeas and nays. quests in great detail, the case for am- by the House Democratic majority to The yeas and nays were ordered. nesty has really not been made. protect the American people. The SPEAKER pro tempore. Pursu- The administration’s bluster and We should reject this extension and ant to clause 8 of rule XX and the fear-mongering don’t do any of us very urge the Democratic leadership to Chair’s prior announcement, further well. That doesn’t serve the purpose of allow the House to consider the Senate proceedings on this motion will be our legislative function and our rela- bill, which has majority support in the postponed. tionship with the several branches of House.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.000 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2112 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Madam Speaker, I reserve the bal- Mr. CONYERS. Madam Speaker, I am in the United States Senate who would ance of my time. pleased to yield 1 minute to the distin- not allow this legislation to move more Mr. CONYERS. Madam Speaker, I re- guished majority leader, the gentleman quickly in the Senate. serve my time at this point. from Maryland (Mr. HOYER). Madam Speaker, I believe our friends on the other side of the aisle and the b 1515 Mr. HOYER. I thank the distinguished chairman for yielding me the President of the United States are tak- Mr. HOEKSTRA. Madam Speaker, I time. I thank him as well for his leading an untenable position. And what is yield myself the balance of my time. ership. I thank Mr. REYES for his lead- that position? On the one hand, if the Madam Speaker, what we try to do in ership. And, yes, I thank Mr. HOEKSTRA Protect America Act expires, America the Intelligence Committee is to define for his leadership as well, as well as will be at risk. On the other hand, if we the threat that is out there. We know Mr. SMITH. extend and keep in force the Protect that radical jihadists, al Qaeda, that it This is a very serious issue we con- America Act, the President says he is a real threat. We attempt to provide front today. This bill passed the Senate will veto it. Now, I don’t know what our intelligence community with the less than 24 hours ago; yet this coequal kind of Lewis Carroll logic that is, but tools that are necessary to give us, as branch of the government of the United it certainly escapes me. If in fact, and policymakers, and others the informa- States is asked to do what the minor- I don’t agree with the President, but if tion that is necessary to keep America ity when it was in the majority would in fact it is important to keep the Pro- safe. And at least some of us are in the never have done, to take exactly what tect America Act in place, then passing business of prevention, making sure the Senate tells us to take, or, frankly, this extension is the best way to do so. that there is not another successful at- what the President tells us to take. Now, I think there are some things tack against the United States; others Now, let me say that we passed a bill that we can discuss in conference. I, are in the mode of, well, let another at- November 15, 3 months ago, which gave frankly, have told the White House as tack, if it happens, we want to be in a the FISA Court and which gave the in- late as just a few hours ago that I position to prosecute. telligence community everything they think we can discuss possible ways to When we get down to FISA, I went needed, given the technological move forward on this, because there is through this earlier, October 25, 2001; changes and given the demands of not a person on this floor that doesn’t November 14, 2001; March 5, 2002; June keeping America safe. Everything. The want to protect America, that doesn’t 12, 2002, Members of the House of Rep- Senate passed a bill out of their com- want to facilitate the interception of resentatives were briefed on this pro- mittee at about the same time. communications valuable to that ob- gram. Our Speaker of the House was But I want to tell my friends on the jective of protecting America and briefed on this program, understanding other side of the aisle, in the Senate Americans. what the program was, or hopefully un- you have been slow-walking this bill. I urge all my colleagues on both sides derstanding or at least asking the You have been slow-walking this bill to of the aisle to vote for this extension, questions to get understanding about put us in the position we find ourselves just as we did by unanimous consent what the program was, what it in- in today. And you did it because the essentially without a vote just a few tended to do, and the kind of informa- issue here is not the intelligence com- weeks ago. The contemplation then was that the Senate would act. But the tion it was going to get, and the legal munity, as Mr. HOEKSTRA talked about. Senate did not act. It did not act until boundaries, the legal ramifications, It is the telecommunications compa- less than 24 hours ago, last night, late and who was participating in these pro- nies. That is what the issue is here. Be- afternoon, and now we are confronted grams. cause title I would have been with take it or leave it. Now what they want to do and some conferenced months ago. But, no, we do want to do is throw these companies Do we have no self-respect in this in- not want to apparently look very close- stitution? Do we have no sense of re- that were the Good Samaritans that ly at what happened between the ad- sponsibility to oversee that which has decided they were going to help us, just ministration and the telecommuni- been passed, to go to conference and throw them under the bus, even cations companies. discuss our differences? There are dif- though, on a bipartisan basis, the legis- Now, we passed a statute which said ferences, as you know. I would hope lative branch and the executive branch to the telecommunications companies, that every Member would say to them- asked these folks and decided that look, when we make phone calls, they selves, yes, we have that kind of self- these were the things that needed to be need to be private and you can’t disrespect, and we understand our respon- done. close those to people, including the sibility as an independent House of the The impact of this is this is having a government, without a court order. We Congress of the United States. chilling effect on all of those individ- passed the FISA Court bill specifically The logic of the opponents of this uals and corporations that, from time to provide for the ability of our intel- legislation, as I said, escapes me. The to time, are being asked to help to ligence community to intercept com- Protect America Act is imperative, keep us safe. It is like saying we saw munications, but to do so under the they say, but they oppose its extension, what you did to these other folks. We aegis of a court. That is what we do in as I said. are not going to be next. We are going America. It makes us a little different. Madam Speaker, I support this 21-day to have to wield a fiduciary responsi- Some governments, of course, do willy- extension. I want everybody on this bility to our shareholders. nilly whatever they want to do. House floor to understand that if we Again, it is the tradition and the ex- This is not just about FISA. We in- have a 21-day extension, I am hopeful perience and background of what some carcerate people without hearings, that we will go to conference, I am want to do to the intelligence commu- without lawyers. We torture people, hopeful the Senate will agree to a con- nity. Under President Clinton, there contrary to the edicts of the inter- ference, and I am hopeful that we can were massive cuts in the intelligence national law, rationalized by an Attor- engage Republicans and Democrats on community. We devastated the com- ney General of the United States in a the Intelligence Committee, on the Ju- munity through the Deutch doctrine, memo to the President of the United diciary Committee, in an honest con- where we cut back on human assets. States. ference trying to resolve our dif- And now we are doing it again. We But I tell my friends that nobody in ferences and pass legislation that helps won’t give the intelligence community this institution ought to have any self- protect America. I want to remind my the tools that they need. We focus on respect if what you are saying is we colleagues that this body has already global warming and we focus on par- ought not to go to conference on this passed reauthorization, so there is no tisan investigations. That will not important issue, which is what you say need to do that. We are ready for con- keep America safe. by voting against this extension. This ference right now. Madam Speaker, I yield back the bal- extension is caused almost solely by So, Madam Speaker, in closing, let ance of my time. the members of the President’s party me urge every Member of this House,

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2113 whether you are for or against the Pro- said in an interview—according to the New The gentleman from Maryland says tect America Act, whether you are for York Times—that if the PAA expires, intel- he doesn’t support the Protect America or against immunity, whether you are ligence officials would still be able to continue Act, but we are being asked on the for or against title I of this bill, vote eavesdropping on already approved targets for floor to extend it for 3 more weeks. The for this extension, just as you would another year under the law. gentleman from Maryland says just 3 vote for a CR and not shut down the We must not fall prey to fearmongers who more weeks. The vast majority of government in order to give us time to claim that our intelligence community could Members on your side of the aisle voted pass appropriation bills fully. That is ‘‘go dark.’’ That is simply not true. against it. what this is, simply to give us 3 weeks, I urge my colleagues: pass this 21-day ex- So how do we get to a majority posi- 10 days of which we won’t be here, to tension of the PAA so that we may try to work tion in this House dealing with that ne- address this very thorny issue on which out our differences with the Senate-passed cessity of gaining this information there are legitimate differences of legislation, and enact legislation that protects while protecting the civil liberties of opinion. our national security and the constitutional our fellow citizens? Maybe it is instruc- The only other thing one could con- rights of the American people. tive to look at the letter dated Janu- clude is simply we are taking the posi- Mr. SMITH of Texas. Madam Speak- ary 28 signed by 21 Members of your tion of ‘‘Take it or leave it, House. er, I yield the balance of my time, 3 side of the aisle asking the Speaker of Don’t exercise your judgment, House. minutes, to the gentleman from Cali- the House to allow us to vote on, what, Don’t meet your responsibilities to the fornia (Mr. DANIEL E. LUNGREN), who the very bill passed by the Senate yes- American people, House.’’ has some instructive math to share terday. The very bill passed by the That is not what our constituents ex- with us. Senate yesterday was the subject of Mr. DANIEL E. LUNGREN of Cali- pect us to do. Vote for this extension. the letter by 21 Members of your side of fornia. Madam Speaker, I listened Madam Speaker, I believe our friends on the aisle. If you add those Members to closely to the words of my friend from the other side of the aisle and the President our side of the aisle, that is a majority. of the United States are taking an untenable Maryland just a moment ago, and I want to assure him that I do have self- Allow us to vote on that up or down. position on this legislation to provide a 21-day Allow the majority will of this House extension of the Protect America Act. On one respect and I have respect for this institution. I would not have returned to be done. hand, they argue that the extension of the Mr. CONYERS. Madam Speaker, we PAA is vital to our national security. Yet, on here after a 16-year absence if I had have the right to close. Are there any the other hand, they come to this floor and op- any other feeling. But I returned to more speakers? pose—and the President is threatening to this place because of the aftermath of The SPEAKER pro tempore. The veto—the 21-day extension of the PAA. 9/11, feeling that those of us who The logic of the opponents of this legislation thought we might make a contribution time of the gentleman from Texas has escapes me. The PAA is imperative, they say. to the defense of this Nation in what- expired. But they oppose its extension? ever way we could ought to do that. b 1530 Madam Speaker, I support this 21-day ex- And based on that, I will have to tell Mr. CONYERS. Madam Speaker and tension. Here’s why: it represents progress to- you, this issue is probably one of the Members of the House, what we have ward a final measure to modernize the For- two or three most important issues discussed this afternoon is far too im- eign Intelligence Surveillance Act. that I have dealt with since I returned portant to rush the legislative process. I want to remind my colleagues that this to this institution. I hope we will rise above partisanship body has already passed legislation to reau- We cannot and we will not continue today and act responsibly to defend the thorize FISA. On November 15—3 months to protect the American people if we Constitution as we have all taken an ago this Friday—the House passed the Re- are absent that kind of quality intel- oath to do. And so I urge the bipartisan store Act, a bill that modernizes the techno- ligence that is necessary for us to be passage of the measure that has been logically outdated FISA statute, gives the intel- able to figure out what the threat is debated. ligence community the authority to intercept and to figure out what the threat is be- critical foreign communications, and honors fore that threat is acted upon by the Ms. JACKSON-LEE of Texas. Madam our constitutional principles. enemy. That is why this is so impor- Speaker, I rise today in support of H.R. 5349, As we all know, this is a complicated issue. tant. And integral to our being success- to extend the Protect America Act of 2007 for That is precisely why we’re doing this exten- ful in doing that is being able to ask 21 days. Let me be clear that while I do not sion today. With this vote, we are declaring for assistance by those who have in support legislation that grants legal immunity that we will not just take whatever legislation their power to give assistance. to telecommunications companies that provide the Senate sends us and rubber-stamp it. We That is why it is so important, the information to Federal investigators without a are declaring that this body has a prerogative matter the gentleman from Maryland warrant, I recognize that the current legislation and a role in making law. referred to, the question of whether or is set to expire this Saturday, February 16th. The bottom line is: responsible people in not we would grant immunity to those Although I do not support the Protect America both Chambers want an opportunity to work companies who said yes when the Act, we need more time to work with our col- out the differences between the House and American Government came to them in leagues in the Senate on the substance of this Senate bills. the aftermath of 9/11 and said we need legislation in order to ensure that we reconcile Let me close by saying, I do not agree with your help. Without your help, it is im- the Senate language with the RESTORE Act those who contend that the expiration of the possible for us to get that kind of infor- (H.R. 3773), which we passed in the House PAA will jeopardize our national security. And, mation that we will be able to utilize on November 15, 2007. I am not alone in this view. to be able to prevent another 9/11. I would like to thank my Senate colleague For example, Richard Clarke, the former Now, the gentleman from Maryland Senator FEINGOLD, from Wisconsin, for his dili- chief National Security Council counterter- said we haven’t had enough time. I gent work in trying to amend this legislation to rorism advisor to Presidents Clinton and would suggest as one of the 19 members protect American civil liberties, both at home George W. Bush, has stated (and I quote): of the Judiciary Committee, I was and abroad. Our ability to track and monitor terrorists given the opportunity, as were Mem- Homeland security is not a Democratic or a overseas would not cease should the Protect bers on your side of the aisle, to review Republican issue, it is not a House or Senate America Act expire. If this were true, the that material that you say we haven’t issue; it is an issue for all Americans—all of President would not threaten to terminate any temporary extension with his veto pen. had for a long enough period of time. us. All surveillance currently occurring would Interestingly enough, we have had 1 The original legislation offered by the House continue even after legislative provisions day short of 3 weeks to look at that Majority gave the Administration everything lapsed because authorizations issued under material. So what makes anybody that they needed, but what the Senate is pro- the act are in effect up to a full year. think if we are given 3 more weeks, 3 posing virtually throws our Bill of Rights out And, Kenneth Wainstein, the Assistant Attor- more weeks, that the majority side will the window, because they are telling Ameri- ney General for National Security, recently say that is enough? cans that no matter what your business is, you

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Rather, the function of gage in reverse targeting may be difficult to Attorney General without judicial intervention. the court is to validate the lawful exercise of resist in the absence of strong safeguards in I am disheartened by the other body for executive power on the one hand, and to act the PAA to prevent it. their failure to recognize that we can secure as the guardian of individual rights and lib- My amendment reduces even further any America by passing responsible electronic sur- erties on the other. such temptation to resort to reverse targeting veillance legislation that does not compromise Third, the bill does not grant amnesty to any by requiring the administration to obtain a reg- our civil liberties. telecommunications company or to any other ular, individualized FISA warrant whenever the Madam Speaker, in August of this year, I entity or individual that helped federal intel- ‘‘real’’ target of the surveillance is a person in strongly opposed S. 1927, the so-called ‘‘Pro- ligence agencies spy illegally on innocent the United States. tect America Act’’ (PAA) when it came to a Americans. I strongly support this provision The amendment achieves this objective by vote on the House floor. Had the Bush admin- because granting such blanket amnesty for requiring the Administration to obtain a regular istration and the Republican-dominated 109th past misconduct will have the unintended con- FISA warrant whenever a ‘‘significant purpose Congress acted more responsibly in the 2 pre- sequence of encouraging telecommunications of an acquisition is to acquire the communica- ceding years, we would not have been in the companies to comply with, rather than contest, tions of a specific person reasonably believed position of debating legislation that had such a illegal requests to spy on Americans. The only to be located in the United States.’’ The cur- profoundly negative impact on the national se- permissible path to legalization of conduct in rent language in the bill provides that a war- curity and on American values and civil lib- this area is full compliance with the require- rant be obtained only when the Government erties in the crush of exigent circumstances. ments of the Foreign Intelligence Surveillance ‘‘seeks to conduct electronic surveillance’’ of a As that regrettable episode clearly showed, it Act. person reasonably believed to be located in is true as the saying goes that haste makes Moreover, Madam Speaker, it is important the United States. waste. to point out that the loudest demands for blan- It was far from clear how the operative lan- The PAA was stampeded through the Con- ket immunity come not from the telecommuni- guage ‘‘seeks to’’ is to be interpreted. In congress in the midnight hour of the last day be- cations companies but from the Administra- trast, the language used in my amendment, fore the long August recess on the dubious tion, which raises the interesting question of ‘‘significant purpose,’’ is a term of art that has claim that it was necessary to fill a gap in the whether the Administration’s real motivation is long been a staple of FISA jurisprudence and Nation’s intelligence gathering capabilities to shield from public disclosure the ways and thus is well known and readily applied by the identified by Director of National Intelligence means by which government officials may agencies, legal practitioners, and the FISA Mike McConnell. But in reality it would have have ‘‘persuaded’’ telecommunications compa- Court. Thus, the Jackson Lee amendment pro- eviscerated the Fourth Amendment to the nies to assist in its warrantless surveillance vides a clearer, more objective, criterion for Constitution and represented an unwarranted programs. I call my colleagues’ attention to an the Administration to follow and the FISA court transfer of power from the courts to the Exec- article published in the Washington Post in to enforce to prevent the practice of reverse utive Branch and a Justice Department led at which it is reported that Joseph Nacchio, the targeting without a warrant, which all of us can that time by an Attorney General whose rep- former CEO of Qwest, alleges that his com- agree should not be permitted. utation for candor and integrity was, to put it pany was denied NSA contracts after he de- Let us be clear, Madam Speaker, that noth- charitably, subject to considerable doubt. clined in a February 27, 2001 meeting at Fort ing in the bill or in my amendment requires the The RESTORE Act, H.R. 3773, is superior Meade with National Security Agency (NSA) Government to obtain a FISA order for every to the PAA by orders of magnitude. This is representatives to give the NSA customer call- overseas target on the off chance that they due in no small measure, Madam Speaker, to ing records. might pick up a call into or from the United the willingness of the leadership to reach out Madam Speaker, the authorization to con- States. Rather, the bill requires, as our to and work with all members of the House. duct foreign surveillance on U.S. soil provided amendment makes clear, a FISA order only The result shows. The RESTORE Act does by H.R. 3773 is temporary and will expire in where there is a particular, known person in not weaken our Nation’s commitment to its 2 years if not renewed by the Congress. This the United States at the other end of the for- democratic traditions. Rather, it represents a is perhaps the single most important limitation eign target’s calls in whom the Government sound policy proposal for achieving the only on the authority conferred on the Executive has a significant interest such that a significant legitimate goals of a terrorist surveillance pro- Branch by this legislation. The good and suffi- purpose of the surveillance has become to ac- gram, which is to ensure that American citi- cient reason for imposing this limitation is be- quire that person’s communications. zens and persons in America are secure in cause the threats to America’s security and This will usually happen over time and the their persons, papers, and effects, but terror- the liberties of its people will change over time Government will have the time to get an order ists throughout the world are made insecure. and thus require constant vigilance by the while continuing its surveillance. And it is the Let me direct the attention of all members to people’s representatives in Congress. national security interest to require it to obtain several of the more important aspects of this To give a detailed illustration of just how su- an order at that point, so that it can lawfully salutary legislation. perior the RESTORE Act is to the ill-consid- acquire all of the target person’s communica- First, H.R. 3773 explicitly affirms that the ex- ered and hastily enacted Protect America Act, tions rather than continuing to listen to only clusive law to follow with respect to author- I wish to take a few moments to discuss an some of them. izing foreign surveillance gathering on U.S. important improvement in the bill that was The Jackson Lee amendment gives the soil is the Foreign Intelligence Surveillance Act adopted in the full Judiciary Committee mark- Government precisely what Director of Na- (FISA). As initially enacted by Congress in up. tional Intelligence McConnell asked for when 1978, the exclusivity of FISA was undisputed The Jackson Lee amendment added during he testified before the Senate Judiciary Com- and unambiguous. I hasten to add, however, the markup made a constructive contribution mittee: that while FISA remains the exclusive source to the RESTORE Act by laying down a clear, It is very important to me; it is very im- of law, H.R. 3773 recognizes that the law as objective criterion for the administration to fol- portant to members of this Committee. We enacted in 1978 can and should be adapted to low and the FISA court to enforce in pre- should be required—we should be required in modem circumstances and to accommodate venting reverse targeting. all cases to have a warrant anytime there is new technologies. And it does so by making ‘‘Reverse targeting,’’ a concept well known surveillance of a U.S. [sic] person located in clear that foreign-to-foreign communications to members of this Committee but not so well the United States. are not subject to the FISA, even though mod- understood by those less steeped in the In short, the Jackson Lee amendment ern technology enables that communication to arcana of electronic surveillance, is the prac- makes a good bill even better. For this reason be routed through the United States. tice where the government targets foreigners alone, civil libertarians should enthusiastically Second, under H.R. 3773, the Foreign Intel- without a warrant while its actual purpose is to embrace the RESTORE Act. ligence Surveillance Court (FISC) is indispen- collect information on certain U.S. persons. Nearly two centuries ago, Alexis de sable and is accorded a meaningful role in en- One of the major concerns that libertarians Tocqueville, who remains the most astute stu- suring compliance with the law. The bill en- and classical conservatives, as well as pro- dent of American democracy, observed that sures that the FISC is empowered to act as gressives and civil liberties organizations, the reason democracies invariably prevail in an Article III court should act, which means have with the PAA is that the understandable any martial conflict is because democracy is the court shall operate neither as a rubber- temptation of national security agencies to en- the governmental form that best rewards and

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 9920 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2115 encourages those traits that are indispensable The inquiry must not be limited to the legal powers in ways that I believe encroach on our to martial success: initiative, innovation, re- questions. It must include the operational de- civil liberties. This legislation continues to sourcefulness, and courage. tails of each program of intelligence surveil- allow these surveillance activities without pro- As I wrote in the Politico, ‘‘the best way to lance within the United States, including: (1) viding adequate safeguards to protect Ameri- win the war on terror is to remain true to our Who the NSA is targeting; (2) how it identifies cans from this encroachment on their civil lib- democratic traditions. If it retains its demo- its targets; (3) the information the program col- erties. cratic character, no nation and no loose con- lects and disseminates; and most important, The passage of the PAA was hasty and ill- federation of international villains will defeat (4) whether the program advances national conceived. Our intelligence community will not the United States in the pursuit of its vital in- security interests without unduly compromising stop its activities should this bill expire. In fact, terests.’’ the privacy rights of the American people. the PAA explicitly states that authorizations Thus, the way forward to victory in the war Given the unprecedented amount of infor- issued prior to its expiration would remain in on terror is for the United States country to re- mation Americans now transmit electronically effect until their expiration. Knowing that our double its commitment to the Bill of Rights and and the post-9/11 loosening of regulations Nation can continue to protect itself until more the democratic values which every American governing information sharing, the risk of inter- balanced legislation is passed, I can not sup- will risk his or her life to defend. It is only by cepting and disseminating the communications port this extension. preserving our attachment to these cherished of ordinary Americans is vastly increased, re- Last November, the House took a stand and values that America will remain forever the quiring more precise—not looser—standards, passed the RESTORE Act, a strong bill that home of the free, the land of the brave, and closer oversight, new mechanisms for mini- gives our intelligence community the re- the country we love. mization, and limits on retention of inadvert- sources it needs to do its job, but also en- I would ask my colleagues to support this ently intercepted communications. sures that our Constitutionally guaranteed 21-day extension so that we may work to- Madam Speaker, the legislation before us is rights remain intact. Because the RESTORE gether as a body, Members of both the House only necessary to give this body time to work Act was able to achieve all these purposes, I and the Senate to provide our citizens with the with our colleagues in the Senate. The 21-day was able to support its passage. Because the protections they so richly deserve. We need to extension will give us time to impress upon PAA does not achieve this balance, I cannot have time to reconcile the differences between the Senate, how important it is to protect the agree to let it remain our rule of law. I con- the House and the Senate in order to ensure civil rights of all Americans. tinue to believe that we must have the best that the important provisions of the RESTORE I encourage my colleagues to join me in a possible intelligence to protect our nation, but Act protecting the constitutional rights of vote of support of this 21-day extension. H.R. that it can be done in a manner that does not Americans is preserved. I ask my colleagues 5349 gives us time to amend the unwise and uproot the basic rights and principles guaran- to support the Bill of Rights and national secu- ill-considered reauthorization of the Protect teed to us by our Founding Fathers. I look for- rity by supporting the 21-day extension in H.R. America Act of 2007. ward to working with my colleagues to build 5349. Mr. VAN HOLLEN. Madam Speaker, I rise on the RESTORE Act. Madam Speaker, FISA has served the Na- today in support of H.R. 5349, a twenty one Mr. CONYERS. I yield back the bal- tion well for nearly 30 years, placing electronic day extension of the Protect America Act. I ance of my time. surveillance inside the United States for for- believe that this short term extension is nec- The SPEAKER pro tempore. All time eign intelligence and counter-intelligence pur- essary to achieve a long term solution to up- for debate has expired. poses on a sound legal footing, and I am far date our foreign surveillance laws in a manner Pursuant to House Resolution 976, from persuaded that it needs to be jettisoned. that will protect the civil liberties of Americans. the bill is considered read and the pre- First, I was prepared to accept temporarily I voted against the Protect America Act last vious question is ordered. obviating the need to obtain a court order for August because I believe that it seriously com- The question is on the engrossment foreign-to-foreign communications that pass promises the civil liberties of Americans. I am and third reading of the bill. through the United States. However, I con- still opposed to it as a permanent solution to The bill was ordered to be engrossed tinue to insist upon individual warrants, based our need to conform our surveillance laws to and read a third time, and was read the on probable cause, when surveillance is di- changes in telecommunication technology. third time. rected at people in the United States. This can Fortunately, it was scheduled to sunset in 6 MOTION TO RECOMMIT OFFERED BY MR. SMITH be negotiated during this 21-day extension pe- months to provide additional time to correct OF TEXAS riod. our foreign surveillance law in a balanced Mr. SMITH of Texas. Madam Speak- The Attorney General must still be required manner. er, I have a motion to recommit at the to submit procedures for international surveil- The House passed such a balanced bill, desk. lance to the Foreign Intelligence Surveillance H.R. 3773, the RESTORE Act, in November. The SPEAKER pro tempore. Is the Court for approval, but the FISA Court should I voted for this bill because I believe that it es- gentleman opposed to the bill? not be allowed to issue a ‘‘basket warrant’’ tablishes the proper balance between the pro- Mr. SMITH of Texas. Madam Speak- without making individual determinations about tection of civil liberties and the needs of our er, I am in its current form. foreign surveillance. intelligence agencies to have access to critical The SPEAKER pro tempore. The In all candor, Madam Speaker, I must re- information. Unfortunately, the Senate passed Clerk will report the motion to recom- state my firm conviction that when it comes to their bill yesterday giving us no time to rec- mit. the track record of this President’s warrantless oncile the differences between the respective The Clerk read as follows: surveillance programs, there is still not enough bills. Moreover, I have serious objections to Mr. Smith of Texas moves to recommit the on the public record about the nature and ef- the Senate bill which is dramatically different bill, H.R. 5349, to the Committee on the Judi- fectiveness of those programs, or the trust- ciary with instructions to report the same than its House counterpart. back to the House forthwith with the fol- worthiness of this administration, to indicate Significant work must be done to harmonize lowing amendment: that they require a blank check from Con- these bills in a manner that will be acceptable Strike all after the enacting clause and in- gress. to me. Consequently, it is necessary to pro- sert the text of the bill H.R. 3773 as passed by The Bush administration did not comply with vide additional time for the committees of juris- the Senate on February 12, 2008. its legal obligation under the National Security diction to craft a balanced bicameral solution. POINT OF ORDER Act of 1947 to keep the Intelligence Commit- Mr. UDALL of New Mexico. Madam Speak- Mr. CONYERS. Madam Speaker, I tees ‘‘fully and currently informed’’ of U.S. iner, I rise today to voice my opposition to H.R. raise a point of order. telligence activities. Congress cannot continue 5349, which extends the Protect America Act. The SPEAKER pro tempore. The gen- to rely on incomplete information from the Last August, I joined 182 of my colleagues in tleman will state his point of order. Bush administration or revelations in the opposing the Protect America Act. I opposed Mr. CONYERS. The motion to recom- media. It must conduct a full and complete in- the PAA then because I felt it did not ade- mit is not germane to the bill under quiry into electronic surveillance in the United quately protect our civil liberties from a contin- consideration and therefore should not States and related domestic activities of the ually over-reaching executive branch. The be considered. NSA, both those that occur within FISA and Bush administration has repeatedly tried, and H.R. 5349 seeks a 21-day extension of those that occur outside FISA. with some degree of success, to extend its the Protect America Act as previously

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2116 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 amended, thus amending the act so A general principle of the germane- Green, Al Marshall Sanchez, Loretta that it would expire not 195 days but Green, Gene Matheson Sarbanes ness rule is that where a bill is com- Grijalva Matsui Schakowsky 216 days after enactment. posed only of a temporary extension of Gutierrez McCarthy (NY) Schiff The motion to recommit goes beyond existing programs, an amendment Hall (NY) McCollum (MN) Schwartz the scope of the bill, and beyond the making permanent changes in law re- Hare McDermott Scott (GA) scope of the Protect America Act the Harman McIntyre Scott (VA) lating to such programs is not ger- Hastings (FL) McNerney Serrano bill temporarily extends, to make per- mane. Herseth Sandlin McNulty Sestak manent changes to the FISA law, in- The Chair will note a relevant prece- Higgins Meek (FL) Shea-Porter cluding retroactive legal amnesty for dent. On December 2, 1982, the Chair Hill Meeks (NY) Sherman telecom companies who may have bro- Hinchey Melancon Shuler ruled that an amendment permanently Hirono Michaud Sires ken the law in cooperating with earlier changing the organic law governing an Hodes Miller (NC) Skelton surveillance activities. Because it goes agency’s operation was not germane to Holden Miller, George Slaughter beyond the scope of the bill and deals a bill that merely provided a tem- Holt Mitchell Smith (WA) Hooley Mollohan Snyder with a different purpose, it is not ger- porary authorization for the agency. mane. Hoyer Moore (KS) Solis This precedent is recorded on page 722 Inslee Moore (WI) Space Mr. SMITH of Texas. Madam Speak- of the House Rules and Manual. Israel Moran (VA) Spratt er, I wish to be heard on the point of Therefore, in the opinion of the Jackson (IL) Murphy (CT) Stark order. Jackson-Lee Murphy, Patrick Stupak The SPEAKER pro tempore. The Chair, the instructions contained in (TX) Murtha Sutton Chair recognizes the gentleman from the motion to recommit are not ger- Jefferson Nadler Tanner mane. The point of order is sustained. Johnson (GA) Napolitano Tauscher Texas. Johnson, E. B. Neal (MA) Taylor Mr. SMITH of Texas. Madam Speak- Mr. SMITH of Texas. Madam Speak- Jones (OH) Oberstar Thompson (CA) er, it is unfortunate that the Demo- er, I move to appeal the Speaker’s rul- Kagen Obey Thompson (MS) cratic majority is insisting on a proce- ing. Kanjorski Olver Tierney Kaptur Pallone Tsongas dural objection to block consideration The SPEAKER pro tempore. The Kennedy Pascrell Udall (CO) of this motion to recommit. This mo- question is: ‘‘Will the decision of the Kildee Pastor Udall (NM) tion substitutes the bipartisan bill Chair stand as the judgment of the Kilpatrick Payne Van Hollen Kind Perlmutter Vela´ zquez passed yesterday by the Senate 68–29 to House?’’ Klein (FL) Peterson (MN) Visclosky improve FISA, a bill that would dra- MOTION TO TABLE OFFERED BY MR. CONYERS Kucinich Pomeroy Walz (MN) matically improve our national secu- Mr. CONYERS. Madam Speaker, I Lampson Price (NC) Wasserman Langevin Rahall Schultz rity. It is sad to see the Democratic move to table. majority put procedure over substance Larsen (WA) Rangel Waters The SPEAKER pro tempore. The Larson (CT) Reyes Watson when it comes to protecting Americans question is on the motion to table the Lee Richardson Watt from terrorists. Levin Rodriguez Waxman appeal. There is nothing more germane to Lewis (GA) Ross Weiner the security of the American people The question was taken; and the Lipinski Rothman Welch (VT) Speaker pro tempore announced that Loebsack Roybal-Allard Wexler than to take up the Senate bill as Lofgren, Zoe Rush Wilson (OH) quickly as possible. Therefore, I would the ayes appeared to have it. Lynch Ryan (OH) Woolsey ask the gentleman from Michigan, the Mr. SMITH of Texas. Madam Speak- Mahoney (FL) Salazar Wu er, on that I demand the yeas and nays. Maloney (NY) Sa´ nchez, Linda Wynn chairman of the Judiciary Committee, Markey T. Yarmuth to withdraw his point of order and The yeas and nays were ordered. allow for an up or down vote on the bi- The SPEAKER pro tempore. Pursu- NAYS—196 ant to clauses 8 and 9 of rule XX, this partisan Senate reform bill. I hope the Aderholt Culberson Hulshof gentleman will withdraw his point of 15-minute vote on the motion to table Akin Davis (KY) Hunter order and allow us to take a vote on a will be followed by 5-minute votes on Alexander Davis, David Inglis (SC) bill supported by both parties in the passage of the bill, if ordered, and if Bachmann Davis, Tom Issa Bachus Deal (GA) Johnson (IL) Senate, the administration, and many arising without further debate or pro- Barrett (SC) Dent Johnson, Sam Democrats in the House. ceedings in recommital; and motions Bartlett (MD) Diaz-Balart, L. Jones (NC) Again, I would like to reiterate my to suspend the rules with regard to Barton (TX) Diaz-Balart, M. Jordan disappointment that the majority has House Resolution 960 and House Reso- Biggert Doolittle Keller Bilbray Drake King (IA) raised a point of order against this mo- lution 917. Bilirakis Dreier King (NY) tion to recommit. We need to stop The vote was taken by electronic de- Bishop (UT) Duncan Kingston playing procedural games with our na- vice, and there were—yeas 222, nays Blackburn Ehlers Kirk tional security and take a vote now on Blunt Emerson Kline (MN) 196, not voting 10, as follows: Boehner English (PA) Knollenberg the Senate-passed bill to improve [Roll No. 53] Bonner Everett Kuhl (NY) FISA. Bono Mack Fallin LaHood YEAS—222 Mr. CONYERS. Madam Speaker, I Boozman Feeney Lamborn have never violated parliamentary pro- Abercrombie Brown, Corrine Davis, Lincoln Boustany Ferguson Latham Ackerman Butterfield DeFazio Brady (TX) Flake LaTourette cedure, and I would insist upon the Allen Capps DeGette Broun (GA) Forbes Latta point of order. Altmire Capuano Delahunt Brown (SC) Fortenberry Lewis (CA) The SPEAKER pro tempore. The Andrews Cardoza DeLauro Brown-Waite, Fossella Lewis (KY) Chair is prepared to rule. Arcuri Carnahan Dicks Ginny Foxx Linder The gentleman from Michigan makes Baca Castor Dingell Buchanan Franks (AZ) LoBiondo Baird Chandler Doggett Burgess Frelinghuysen Lucas a point of order that the motion to re- Baldwin Clarke Donnelly Burton (IN) Gallegly Lungren, Daniel commit offered by the gentleman from Barrow Clay Doyle Buyer Garrett (NJ) E. Texas proposes an amendment that is Bean Cleaver Edwards Calvert Gerlach Mack Becerra Clyburn Ellison Camp (MI) Gingrey Manzullo not germane to the bill. Berkley Cohen Ellsworth Campbell (CA) Gohmert Marchant Clause 7 of rule XVI provides that no Berman Conyers Emanuel Cannon Goode McCarthy (CA) proposition on a subject different from Berry Cooper Engel Cantor Goodlatte McCaul (TX) that under consideration shall be ad- Bishop (GA) Costa Eshoo Capito Granger McCotter Bishop (NY) Costello Etheridge Carney Graves McCrery mitted under color of amendment. Blumenauer Courtney Farr Carter Hall (TX) McHenry The bill, H.R. 5349, extends the Pro- Boren Cramer Fattah Castle Hastings (WA) McHugh tect America Act of 2007 for a limited Boswell Crowley Filner Chabot Hayes McKeon time. Boucher Cuellar Frank (MA) Coble Heller McMorris The instructions contained in the Boyd (FL) Cummings Giffords Cole (OK) Hensarling Rodgers Boyda (KS) Davis (AL) Gillibrand Conaway Herger Mica motion to recommit propose perma- Brady (PA) Davis (CA) Gonzalez Crenshaw Hobson Miller (FL) nent changes in law. Braley (IA) Davis (IL) Gordon Cubin Hoekstra Miller (MI)

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2117 Miller, Gary Reynolds Sullivan Gordon Markey Sa´ nchez, Linda Musgrave Rogers (MI) Terry Moran (KS) Rogers (AL) Tancredo Green, Al Marshall T. Myrick Rohrabacher Thornberry Murphy, Tim Rogers (KY) Terry Green, Gene Matheson Schiff Neugebauer Ros-Lehtinen Tiahrt Musgrave Rogers (MI) Thornberry Grijalva Matsui Schwartz Nunes Roskam Tiberi Myrick Rohrabacher Tiahrt Gutierrez McCarthy (NY) Scott (GA) Pallone Rothman Turner Neugebauer Ros-Lehtinen Tiberi Hare McCollum (MN) Scott (VA) Pascrell Royce Udall (NM) Nunes Roskam Turner Harman McDermott Sestak Paul Ryan (WI) Upton Paul Royce Upton Hastings (FL) McGovern Shea-Porter Payne Sali Walberg Pearce Ryan (WI) Pearce Sanchez, Loretta Walberg Herseth Sandlin McIntyre Sherman Walden (OR) Pence Sali Pence Sarbanes Walden (OR) Higgins McNerney Shuler Walsh (NY) Peterson (PA) Saxton Hill McNulty Sires Peterson (MN) Saxton Petri Schmidt Walsh (NY) Walz (MN) Hirono Meek (FL) Skelton Peterson (PA) Schakowsky Pitts Sensenbrenner Wamp Petri Schmidt Wamp Hodes Meeks (NY) Slaughter Platts Sessions Weldon (FL) Pitts Sensenbrenner Waters Holden Melancon Smith (WA) Poe Shadegg Weller Platts Serrano Watt Hooley Michaud Snyder Porter Shays Westmoreland Hoyer Miller (NC) Poe Sessions Weldon (FL) Price (GA) Shimkus Whitfield (KY) Solis Porter Shadegg Weller Inslee Miller, George Space Pryce (OH) Shuster Wilson (NM) Israel Mitchell Price (GA) Shays Westmoreland Spratt Putnam Simpson Wilson (SC) Jackson (IL) Mollohan Pryce (OH) Shimkus Whitfield (KY) Stark Radanovich Smith (NE) Wittman (VA) Jackson-Lee Moore (KS) Putnam Shuster Wilson (NM) Stupak Ramstad Smith (NJ) Wolf (TX) Moore (WI) Radanovich Simpson Wilson (SC) Sutton Regula Smith (TX) Young (AK) Jefferson Murtha Ramstad Smith (NE) Wittman (VA) Tanner Rehberg Souder Young (FL) Johnson (GA) Nadler Regula Smith (NJ) Wolf Tauscher Reichert Stearns Johnson, E. B. Napolitano Rehberg Smith (TX) Woolsey Taylor Jones (OH) Neal (MA) Reichert Souder Wu NOT VOTING—10 Thompson (CA) Kagen Oberstar Reynolds Stearns Young (AK) Thompson (MS) Rogers (AL) Gilchrest McGovern Ruppersberger Kanjorski Obey Sullivan Young (FL) Hinojosa Ortiz Towns Kaptur Olver Tierney Rogers (KY) Tancredo Honda Pickering Tsongas Kennedy Pastor NOT VOTING—9 Lowey Renzi Kildee Pelosi Udall (CO) Kilpatrick Perlmutter Van Hollen Gilchrest Lowey Renzi Vela´ zquez b 1602 Kind Pomeroy Hinojosa Ortiz Ruppersberger Klein (FL) Price (NC) Visclosky Honda Pickering Towns Messrs. ADERHOLT, KINGSTON, Lampson Rahall Wasserman INGLIS of South Carolina and CAR- Langevin Rangel Schultz b 1611 Larsen (WA) Reyes Watson NEY changed their vote from ‘‘yea’’ to Larson (CT) Richardson Waxman So the bill was not passed. ‘‘nay.’’ Levin Rodriguez Weiner The result of the vote was announced So the motion to table was agreed to. Lipinski Ross Welch (VT) as above recorded. The result of the vote was announced Loebsack Roybal-Allard Wexler Lofgren, Zoe Rush Wilson (OH) A motion to reconsider was laid on as above recorded. Lynch Ryan (OH) Wynn the table. A motion to reconsider was laid on Maloney (NY) Salazar Yarmuth the table. f NOES—229 The SPEAKER pro tempore. The CONGRATULATING THE NATIONAL question is on the passage of the bill. Aderholt Davis, Lincoln Issa Akin Davis, Tom Johnson (IL) FOOTBALL LEAGUE CHAMPION The question was taken; and the Alexander Deal (GA) Johnson, Sam NEW YORK GIANTS FOR WINNING Speaker pro tempore announced that Altmire DeFazio Jones (NC) SUPER BOWL XLII the ayes appeared to have it. Bachmann Dent Jordan Bachus Diaz-Balart, L. Keller The SPEAKER pro tempore. The un- RECORDED VOTE Barrett (SC) Diaz-Balart, M. King (IA) finished business is the vote on the mo- Mr. SMITH of Texas. Madam Speak- Bartlett (MD) Doggett King (NY) tion to suspend the rules and agree to er, I demand a recorded vote. Barton (TX) Doolittle Kingston Biggert Drake Kirk the resolution, H. Res. 960, on which A recorded vote was ordered. Bilbray Dreier Kline (MN) the yeas and nays were ordered. The SPEAKER pro tempore. Pursu- Bilirakis Duncan Knollenberg The Clerk read the title of the resolu- ant to clause 8 of rule XX, this 5- Bishop (UT) Ehlers Kucinich tion. minute vote on the passage of the bill Blackburn Emerson Kuhl (NY) Blunt English (PA) LaHood The SPEAKER pro tempore. The will be followed by a 5-minute vote on Boehner Everett Lamborn question is on the motion offered by the motion to suspend the rules on Bonner Fallin Latham the gentleman from North Carolina House Resolution 960. The vote on the Bono Mack Feeney LaTourette Boozman Ferguson Latta (Mr. BUTTERFIELD) that the House sus- motion to suspend the rules on House Boren Filner Lee pend the rules and agree to the resolu- Resolution 917 will be taken later. Boswell Flake Lewis (CA) tion, H. Res. 960. The vote was taken by electronic de- Boustany Forbes Lewis (GA) This will be a 5-minute vote. vice, and there were—ayes 191, noes 229, Brady (TX) Fortenberry Lewis (KY) Broun (GA) Fossella Linder The vote was taken by electronic de- not voting 9, as follows: Brown (SC) Foxx LoBiondo vice, and there were—yeas 412, nays 1, [Roll No. 54] Brown-Waite, Franks (AZ) Lucas answered ‘‘present’’ 2, not voting 13, as Ginny Frelinghuysen Lungren, Daniel AYES—191 Buchanan Gallegly E. follows: Abercrombie Brown, Corrine Davis (CA) Burgess Garrett (NJ) Mack [Roll No. 55] Ackerman Butterfield Davis (IL) Burton (IN) Gerlach Mahoney (FL) Allen Capps DeGette Buyer Gingrey Manzullo YEAS—412 Andrews Cardoza Delahunt Calvert Gohmert Marchant Abercrombie Becerra Boustany Arcuri Carnahan DeLauro Camp (MI) Goode McCarthy (CA) Ackerman Berkley Boyd (FL) Baca Carney Dicks Campbell (CA) Goodlatte McCaul (TX) Aderholt Berman Boyda (KS) Baird Castor Dingell Cannon Granger McCotter Akin Berry Brady (PA) Baldwin Chandler Donnelly Cantor Graves McCrery Alexander Biggert Brady (TX) Barrow Clarke Doyle Capito Hall (NY) McHenry Allen Bilbray Braley (IA) Bean Clay Edwards Capuano Hall (TX) McHugh Altmire Bilirakis Broun (GA) Becerra Cleaver Ellison Carter Hastings (WA) McKeon Andrews Bishop (GA) Brown (SC) Berkley Clyburn Ellsworth Castle Hayes McMorris Arcuri Bishop (NY) Brown, Corrine Berman Cohen Emanuel Chabot Heller Rodgers Baca Bishop (UT) Brown-Waite, Berry Conyers Engel Coble Hensarling Mica Bachmann Blumenauer Ginny Bishop (GA) Cooper Eshoo Cole (OK) Herger Miller (FL) Bachus Blunt Buchanan Bishop (NY) Costa Etheridge Conaway Hinchey Miller (MI) Baird Boehner Burgess Blumenauer Courtney Farr Costello Hobson Miller, Gary Baldwin Bonner Burton (IN) Boucher Cramer Fattah Crenshaw Hoekstra Moran (KS) Barrett (SC) Bono Mack Butterfield Boyd (FL) Crowley Frank (MA) Cubin Holt Moran (VA) Barrow Boozman Buyer Boyda (KS) Cuellar Giffords Culberson Hulshof Murphy (CT) Bartlett (MD) Boren Calvert Brady (PA) Cummings Gillibrand Davis (KY) Hunter Murphy, Patrick Barton (TX) Boswell Camp (MI) Braley (IA) Davis (AL) Gonzalez Davis, David Inglis (SC) Murphy, Tim Bean Boucher Campbell (CA)

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2118 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Cannon Grijalva McGovern Serrano Sutton Wasserman gram. He’s provided tremendous legis- Cantor Gutierrez McHenry Sessions Tancredo Schultz lative advice to so many of you on the Capito Hall (NY) McHugh Sestak Tanner Watson Capps Hall (TX) McIntyre Shadegg Tauscher Watt floor who have gone to him and asked Capuano Hare McKeon Shays Taylor Waxman him for his counsel. He’s provided pol- Cardoza Harman McMorris Sherman Terry Weiner icy advice to our side of the aisle and Carnahan Hastings (FL) Rodgers Shimkus Thompson (CA) Welch (VT) policy discussion with your side of the Carney Hastings (WA) McNerney Shuler Thompson (MS) Weldon (FL) Carter Hayes McNulty Shuster Thornberry Weller aisle, and he has also been a commu- Castle Heller Meek (FL) Simpson Tiahrt Westmoreland nications counsel. Castor Hensarling Meeks (NY) Sires Tiberi There is nobody who knows this Chabot Herger Melancon Skelton Tierney Wexler Chandler Herseth Sandlin Mica Slaughter Tsongas Whitfield (KY) young man who does not like him. He Clarke Higgins Michaud Smith (NE) Turner Wilson (NM) is a decent, good, very smart, wonder- Clay Hill Miller (FL) Smith (NJ) Udall (CO) Wilson (OH) ful human being. Wilson (SC) Cleaver Hinchey Miller (MI) Smith (TX) Udall (NM) He served as floor director in my of- Clyburn Hirono Miller (NC) Smith (WA) Upton Wittman (VA) Coble Hobson Miller, Gary Snyder Van Hollen Wolf fice, as I said, for 4 years. Prior to that, Cohen Hodes Miller, George Solis Vela´ zquez Woolsey Rob was the chief appropriations staff- Cole (OK) Hoekstra Mitchell Souder Visclosky Wu er for former Democratic Leader Dick Conaway Holden Mollohan Space Walberg Wynn Gephardt, and he also worked for Rep- Conyers Holt Moore (KS) Spratt Walden (OR) Yarmuth Cooper Hooley Moore (WI) Stearns Walsh (NY) Young (AK) resentatives ROSA DELAURO and PETER Costa Hoyer Moran (KS) Stupak Walz (MN) Young (FL) VISCLOSKY. In those positions, his pri- Costello Hulshof Moran (VA) Sullivan Wamp mary areas of focus included appropria- Courtney Hunter Murphy (CT) Cramer Inglis (SC) Murphy, Tim NAYS—1 tions, global health, and foreign assist- Crenshaw Inslee Murtha Murphy, Patrick ance. Crowley Israel Musgrave During his career, Rob also worked ANSWERED ‘‘PRESENT’’—2 Cubin Issa Myrick for former Senator Brock Adams and Cuellar Jackson (IL) Nadler Kagen Shea-Porter Culberson Jackson-Lee Napolitano former Representatives Jimmy Hayes, Cummings (TX) Neal (MA) NOT VOTING—13 Cathy Long, and Gillis Long. Davis (AL) Jefferson Neugebauer Blackburn Lowey Stark Rob is a graduate of the University of Davis (CA) Johnson (GA) Nunes Ellison Ortiz Towns Davis (IL) Johnson (IL) Oberstar California Berkeley with a bachelor’s Gilchrest Pickering Waters Davis (KY) Johnson, E.B. Obey Hinojosa Renzi degree in physiology and earned a mas- Davis, David Johnson, Sam Olver Honda Ruppersberger ter’s in public policy at the University Davis, Lincoln Jones (NC) Pallone of Washington, and before that, was Davis, Tom Jones (OH) Pascrell ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE floor director for the Democratic Deal (GA) Jordan Pastor The SPEAKER pro tempore (during DeFazio Kanjorski Paul whip’s office. DeGette Kaptur Payne the vote). Members are advised there All of us have deep affection for those Delahunt Keller Pearce are 2 minutes remaining in this vote. people who spend extraordinary DeLauro Kennedy Pence Dent Kildee Perlmutter b 1619 amounts of time at pay, which is not Diaz-Balart, L. Kilpatrick Peterson (MN) Mr. WELCH of Vermont changed his comparable to what they would be Diaz-Balart, M. Kind Peterson (PA) earning in the private sector. And I Dicks King (IA) Petri vote from ‘‘present’’ to ‘‘yea.’’ Dingell King (NY) Pitts So (two-thirds being in the affirma- want to say, Rob Cogorno, to you, how Doggett Kingston Platts tive) the rules were suspended and the very much I appreciate all that you Donnelly Kirk Poe resolution was agreed to. have done for this institution, all that Doolittle Klein (FL) Pomeroy you have done for me as an individual, Doyle Kline (MN) Porter The result of the vote was announced Drake Knollenberg Price (GA) as above recorded. and I know I speak for all of the Mem- Dreier Kucinich Price (NC) A motion to reconsider was laid on bers that we will greatly miss your ad- Duncan Kuhl (NY) Pryce (OH) the table. vice and your counsel, your good Edwards LaHood Putnam humor and your good judgment. And Ehlers Lamborn Radanovich f Ellsworth Lampson Rahall we say to you, we wish you the very Emanuel Langevin Ramstad HONORING ROB COGORNO best of luck in everything you do. Emerson Larsen (WA) Rangel I might also say that the young man Engel Larson (CT) Regula (Mr. HOYER asked and was given English (PA) Latham Rehberg permission to address the House for 1 who just gave me another piece of Eshoo LaTourette Reichert minute out of order.) paper with some business is Rob’s suc- Etheridge Latta Reyes Mr. HOYER. Madam Speaker, over cessor, and I urge Members of both Everett Lee Reynolds Fallin Levin Richardson the years, we have been greatly advan- sides of the aisle when he can be help- Farr Lewis (CA) Rodriguez taged by some extraordinary people ful to you, give you advice in terms of Fattah Lewis (GA) Rogers (AL) who work with us and for us. I have scheduling or the calendar in terms of Feeney Lewis (KY) Rogers (KY) when we are doing business, Alejandro Ferguson Linder Rogers (MI) been particularly advantaged as the Filner Lipinski Rohrabacher minority whip with an extraordinary Perez, my new floor director. Flake LoBiondo Ros-Lehtinen man who has worked for me now for 5 f Forbes Loebsack Roskam years. Prior to that, he worked for Fortenberry Lofgren, Zoe Ross PROVIDING FOR AN ADJOURN- Fossella Lucas Rothman Dick Gephardt for many years and has MENT OR RECESS OF THE TWO Foxx Lungren, Daniel Roybal-Allard been on this floor working on behalf of HOUSES Frank (MA) E. Royce not only the majority side or the mi- Franks (AZ) Lynch Rush nority side, depending on what the Mr. HOYER. Madam Speaker, I offer Frelinghuysen Mack Ryan (OH) a privileged concurrent resolution (H. Gallegly Mahoney (FL) Ryan (WI) Democrats were, but also in trying to Garrett (NJ) Maloney (NY) Salazar make sure that this institution talked Con. Res. 293) and ask for its imme- Gerlach Manzullo Sali to one another and worked together as diate consideration. Giffords Marchant Sa´ nchez, Linda well as it possibly could. The Clerk read the concurrent reso- Gillibrand Markey T. lution, as follows: Gingrey Marshall Sanchez, Loretta He is going to be retiring now after 25 Gohmert Matheson Sarbanes years of service to this institution. H. CON. RES. 293 Gonzalez Matsui Saxton Resolved by the House of Representatives (the Goode McCarthy (CA) Schakowsky He’s been a congressional staffer since 1983. He has served as floor director for Senate concurring), That when the House ad- Goodlatte McCarthy (NY) Schiff journs on the legislative day of Thursday, Gordon McCaul (TX) Schmidt the majority leader since January of February 14, 2008, on a motion offered pursu- Granger McCollum (MN) Schwartz 2007, myself. In that capacity, he has Graves McCotter Scott (GA) ant to this concurrent resolution by its Ma- Green, Al McCrery Scott (VA) been responsible for scheduling bills jority Leader or his designee, it stand ad- Green, Gene McDermott Sensenbrenner and managing the daily legislative pro- journed until 2 p.m. on Friday, February 15,

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2119 2008, or until the time of any reassembly pur- Costello Kennedy Rodriguez Keller Miller, Gary Schmidt suant to section 2 of this concurrent resolu- Courtney Kildee Ross King (IA) Mitchell Sensenbrenner tion, whichever occurs first; that when the Cramer Kilpatrick Rothman King (NY) Moran (KS) Sessions Kingston Murphy, Patrick House adjourns on the legislative day of Fri- Crowley Kind Roybal-Allard Shadegg Cuellar Klein (FL) Rush Kirk Murphy, Tim Shays day, February 15, 2008, on a motion offered Cummings Lampson Ryan (OH) Kline (MN) Musgrave Shimkus pursuant to this concurrent resolution by its Davis (AL) Langevin Salazar Knollenberg Myrick Shuster Majority Leader or his designee, it stand ad- Davis (CA) Larsen (WA) Sa´ nchez, Linda Kucinich Neugebauer Simpson journed until 10 a.m. on Tuesday, February Davis (IL) Larson (CT) T. Kuhl (NY) Nunes Smith (NE) 19, 2008, or until the time of any reassembly Davis, Lincoln Lee Sanchez, Loretta LaHood Pearce Smith (NJ) pursuant to section 2 of this concurrent reso- DeFazio Levin Sarbanes Lamborn Pence Smith (TX) DeGette Lewis (GA) Schakowsky Latham Peterson (PA) Souder lution, whichever occurs first; that when the LaTourette Petri House adjourns on the legislative day of Delahunt Lipinski Schiff Stearns DeLauro Loebsack Schwartz Latta Pitts Sullivan Tuesday, February 19, 2008, on a motion of- Lewis (CA) Platts Dicks Lofgren, Zoe Scott (GA) Tancredo fered pursuant to this concurrent resolution Lewis (KY) Poe Dingell Lynch Scott (VA) Terry Linder Porter by its Majority Leader or his designee, it Doggett Mahoney (FL) Serrano Thornberry LoBiondo Price (GA) stand adjourned until noon on Thursday, Doyle Maloney (NY) Sestak Tiahrt Lucas Pryce (OH) February 21, 2008, or until the time of any re- Edwards Markey Shea-Porter Tiberi Lungren, Daniel Putnam Ellison Marshall Sherman assembly pursuant to section 2 of this con- E. Radanovich Turner Emanuel Matheson Shuler current resolution, whichever occurs first; Mack Ramstad Upton Engel Matsui Sires that when the House adjourns on the legisla- Manzullo Regula Walberg Eshoo McCarthy (NY) Skelton Walden (OR) tive day of Thursday, February 21, 2008, on a Etheridge McCollum (MN) Marchant Rehberg motion offered pursuant to this concurrent Slaughter McCarthy (CA) Reichert Walsh (NY) Farr McDermott Smith (WA) Wamp resolution by its Majority Leader or his des- McCaul (TX) Reynolds Fattah McGovern Snyder Weldon (FL) Filner McIntyre McCotter Rogers (AL) ignee, it stand adjourned until 2 p.m. on Solis Weller Frank (MA) McNerney McCrery Rogers (KY) Monday, February 25, 2008, or until the time Space Westmoreland Gonzalez McNulty McHenry Rogers (MI) of any reassembly pursuant to section 2 of Spratt Whitfield (KY) Gordon Meek (FL) McHugh Rohrabacher this concurrent resolution, whichever occurs Stark Wilson (NM) Green, Al Meeks (NY) McKeon Ros-Lehtinen Stupak Wilson (SC) first; and that when the Senate recesses or Green, Gene Melancon McMorris Roskam Sutton adjourns on any day from Friday, February Grijalva Michaud Rodgers Royce Wittman (VA) Tanner 15, 2008, through Friday, February 22, 2008, on Gutierrez Miller (NC) Mica Ryan (WI) Wolf a motion offered pursuant to this concurrent Hall (NY) Miller, George Tauscher Miller (FL) Sali Young (AK) Taylor Miller (MI) Saxton Young (FL) resolution by its Majority Leader or his des- Hare Mollohan Harman Moore (KS) Thompson (CA) ignee, it stand recessed or adjourned until Thompson (MS) NOT VOTING—10 noon on Monday, February 25, 2008, or such Hastings (FL) Moore (WI) Higgins Moran (VA) Tierney Ackerman Lowey Ruppersberger other time on that day as may be specified in Hill Murphy (CT) Tsongas Gilchrest Ortiz Towns the motion to recess or adjourn, or until the Hinchey Murtha Udall (CO) Hinojosa Pickering time of any reassembly pursuant to section 2 Hirono Nadler Udall (NM) Honda Renzi of this concurrent resolution, whichever oc- Hodes Napolitano Van Hollen curs first. Holden Neal (MA) Vela´ zquez b 1646 Visclosky EC Holt Oberstar S . 2. The Speaker of the House and the Walz (MN) Mr. DONNELLY changed his vote Majority Leader of the Senate, or their re- Hooley Obey Hoyer Olver Wasserman from ‘‘aye’’ to ‘‘no.’’ spective designees, acting jointly after con- Inslee Pallone Schultz So the concurrent resolution was sultation with the Minority Leader of the Israel Pascrell Waters House and the Minority Leader of the Sen- Jackson (IL) Pastor Watson agreed to. ate, shall notify the Members of the House Jackson-Lee Paul Watt The result of the vote was announced and the Senate, respectively, to reassemble (TX) Payne Waxman as above recorded. at such place and time as they may des- Jefferson Perlmutter Weiner A motion to reconsider was laid on Welch (VT) ignate if, in their opinion, the public interest Johnson (GA) Peterson (MN) Johnson, E. B. Pomeroy Wexler the table. shall warrant it. Jones (NC) Price (NC) Wilson (OH) The SPEAKER pro tempore. The Jones (OH) Rahall Woolsey f question is on the concurrent resolu- Kagen Rangel Wu Kanjorski Reyes Wynn SUPPORTING THE GOALS AND tion. Kaptur Richardson Yarmuth IDEALS OF NATIONAL ENGI- The question was taken; and the NEERS WEEK Speaker pro tempore announced that NOES—203 The SPEAKER pro tempore. The un- the ayes appeared to have it. Aderholt Cannon Forbes Akin Cantor Fortenberry finished business is the vote on the mo- RECORDED VOTE Alexander Capito Fossella tion to suspend the rules and agree to Mr. UPTON. Madam Speaker, I de- Bachmann Carter Foxx the resolution, H. Res. 917, on which mand a recorded vote. Bachus Castle Franks (AZ) the yeas and nays were ordered. A recorded vote was ordered. Barrett (SC) Chabot Frelinghuysen Bartlett (MD) Coble Gallegly The Clerk read the title of the resolu- The SPEAKER pro tempore. Pursu- Barton (TX) Cole (OK) Garrett (NJ) tion. ant to clause 8 of rule XX, this 15- Bean Conaway Gerlach The SPEAKER pro tempore. The minute vote on H. Con. Res 293 will be Biggert Crenshaw Giffords Bilbray Cubin Gillibrand question is on the motion offered by followed by a 5-minute vote on the mo- Bilirakis Culberson Gingrey the gentleman from Illinois (Mr. LIPIN- tion to suspend the rules on H. Res. 917. Bishop (UT) Davis (KY) Gohmert SKI) that the House suspend the rules The vote was taken by electronic de- Blackburn Davis, David Goode and agree to the resolution, H. Res. 917. vice, and there were—ayes 215, noes 203, Blunt Davis, Tom Goodlatte Boehner Deal (GA) Granger This will be a 5-minute vote. not voting 10, as follows: Bonner Dent Graves The vote was taken by electronic de- [Roll No. 56] Bono Mack Diaz-Balart, L. Hall (TX) vice, and there were—yeas 408, nays 0, Boozman Diaz-Balart, M. Hastings (WA) AYES—215 Boustany Donnelly Hayes not voting 20, as follows: Abercrombie Bishop (GA) Cardoza Boyda (KS) Doolittle Heller [Roll No. 57] Allen Bishop (NY) Carnahan Brady (TX) Drake Hensarling Altmire Blumenauer Carney Broun (GA) Dreier Herger YEAS—408 Andrews Boren Castor Brown (SC) Duncan Herseth Sandlin Abercrombie Bachus Berry Arcuri Boswell Chandler Brown-Waite, Ehlers Hobson Aderholt Baird Biggert Baca Boucher Clarke Ginny Ellsworth Hoekstra Akin Baldwin Bilbray Baird Boyd (FL) Clay Buchanan Emerson Hulshof Alexander Barrett (SC) Bilirakis Baldwin Brady (PA) Cleaver Burgess English (PA) Hunter Allen Barrow Bishop (GA) Barrow Braley (IA) Clyburn Burton (IN) Everett Inglis (SC) Altmire Bartlett (MD) Bishop (NY) Becerra Brown, Corrine Cohen Buyer Fallin Issa Andrews Barton (TX) Bishop (UT) Berkley Butterfield Conyers Calvert Feeney Johnson (IL) Arcuri Bean Blackburn Berman Capps Cooper Camp (MI) Ferguson Johnson, Sam Baca Becerra Blumenauer Berry Capuano Costa Campbell (CA) Flake Jordan Bachmann Berkley Blunt

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2120 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Boehner Filner Linder Rohrabacher Simpson Udall (NM) struggle for civil and political liberty, in- Bonner Flake Lipinski Ros-Lehtinen Sires Upton cluding Ida Wells-Barnett, W.E.B. DuBois, Bono Mack Forbes LoBiondo Roskam Skelton Van Hollen Henry Moscowitz, Mary White Ovington, Os- Boozman Fortenberry Loebsack Ross Slaughter Vela´ zquez Boren Fossella Lofgren, Zoe Rothman Smith (NE) Visclosky wald Garrison Villiard, and William English Boswell Foxx Lucas Roybal-Allard Smith (NJ) Walberg Walling; Boucher Frank (MA) Lungren, Daniel Rush Smith (TX) Walden (OR) Whereas the NAACP is the oldest and larg- Boustany Franks (AZ) E. Ryan (OH) Smith (WA) Walsh (NY) est civil rights organization in the United Boyd (FL) Frelinghuysen Lynch Ryan (WI) Snyder Walz (MN) States; Boyda (KS) Gallegly Mack Salazar Solis Wamp Whereas the mission of the NAACP is to Brady (PA) Garrett (NJ) Mahoney (FL) Sali Souder Wasserman ensure the political, educational, social, and Brady (TX) Gerlach Maloney (NY) Sa´ nchez, Linda Space Schultz Broun (GA) Giffords Manzullo T. Spratt Waters economic equality of rights of all persons Brown (SC) Gillibrand Marchant Sanchez, Loretta Stark Watson and to eliminate racial hatred and racial dis- Brown, Corrine Gingrey Markey Sarbanes Stearns Watt crimination; Brown-Waite, Gohmert Marshall Saxton Stupak Weiner Whereas the NAACP is committed to Ginny Gonzalez Matheson Schakowsky Sullivan Weldon (FL) achieving its goals through nonviolence; Buchanan Goode Matsui Schiff Sutton Weller Whereas the NAACP advances its mission Burgess Goodlatte McCarthy (CA) Schmidt Tancredo Westmoreland through reliance upon the press, the peti- Burton (IN) Gordon McCarthy (NY) Schwartz Tanner Wexler Butterfield Granger McCaul (TX) Scott (GA) Tauscher Whitfield (KY) tion, the ballot, and the courts, and has been Buyer Graves McCollum (MN) Scott (VA) Taylor Wilson (NM) persistent in the use of legal and moral per- Calvert Green, Al McCotter Sensenbrenner Terry Wilson (OH) suasion, even in the face of overt and violent Camp (MI) Green, Gene McDermott Serrano Thompson (CA) Wilson (SC) racial hostility; Campbell (CA) Grijalva McGovern Sessions Thompson (MS) Wittman (VA) Whereas the NAACP has used political Cannon Gutierrez McHenry Sestak Thornberry Wolf pressure, marches, demonstrations, and ef- Cantor Hall (NY) McHugh Shadegg Tiahrt Woolsey fective lobbying to serve as the voice, as well Capito Hall (TX) McIntyre Shays Tiberi Wu Capps Hare McKeon Shea-Porter Tierney Wynn as the shield, for minority Americans; Capuano Harman McMorris Shimkus Tsongas Yarmuth Whereas after years of fighting segregation Cardoza Hastings (FL) Rodgers Shuler Turner Young (AK) in public schools, the NAACP, under the Carnahan Hastings (WA) McNerney Shuster Udall (CO) Young (FL) leadership of Special Counsel Thurgood Mar- Carney Hayes McNulty shall, won one of its greatest legal victories NOT VOTING—20 Carter Heller Meek (FL) in the Supreme Court’s 1954 decision in Castle Hensarling Meeks (NY) Ackerman Honda Royce Brown v. Board of Education; Castor Herger Melancon Berman Lowey Ruppersberger Whereas in 1955, NAACP member Rosa Chabot Herseth Sandlin Mica Braley (IA) McCrery Sherman Chandler Higgins Michaud Clarke Ortiz Parks was arrested and fined for refusing to Towns give up her seat on a segregated bus in Mont- Clay Hill Miller (FL) English (PA) Pickering Waxman Cleaver Hinchey Miller (MI) Gilchrest Radanovich Welch (VT) gomery, Alabama—an act of courage that Clyburn Hirono Miller (NC) Hinojosa Renzi would serve as the catalyst for the largest Coble Hobson Miller, Gary grassroots civil rights movement in the his- Cohen Hodes Miller, George b 1655 tory of the United States; Cole (OK) Hoekstra Mitchell Conaway Holden Mollohan So (two-thirds being in the affirma- Whereas the NAACP was prominent in lob- Conyers Holt Moore (KS) tive) the rules were suspended and the bying for the passage of the Civil Rights Cooper Hooley Moore (WI) resolution was agreed to. Acts of 1957, 1960, and 1964, the Voting Rights Costa Hoyer Moran (KS) The result of the vote was announced Act of 1965, the Fannie Lou Hamer, Rosa Costello Hulshof Moran (VA) Parks, and Coretta Scott King Voting Rights Courtney Hunter Murphy (CT) as above recorded. Act Reauthorization and Amendments Act of Cramer Inglis (SC) Murphy, Patrick A motion to reconsider was laid on 2006, and the Fair Housing Act, laws which Crenshaw Inslee Murphy, Tim the table. Crowley Israel Murtha ensured Government protection for legal vic- Cubin Issa Musgrave f tories achieved; Cuellar Jackson (IL) Myrick Whereas in 2005, the National Association Culberson Jackson-Lee Nadler MESSAGE FROM THE PRESIDENT for the Advancement of Colored People Cummings (TX) Napolitano A message in writing from the Presi- launched the Disaster Relief Fund to help Davis (AL) Jefferson Neal (MA) dent of the United States was commu- survivors in Louisiana, Mississippi, Texas, Davis (CA) Johnson (GA) Neugebauer Florida, and Alabama to rebuild their lives; Davis (IL) Johnson (IL) Nunes nicated to the House by Ms. Wanda and Davis (KY) Johnson, E. B. Oberstar Evans, one of his secretaries. Davis, David Johnson, Sam Obey Whereas in 2007, the NAACP was prominent Davis, Lincoln Jones (NC) Olver f in lobbying for the passage of H. Res. 826, Davis, Tom Jones (OH) Pallone ‘‘The Noose Intimidation Bill’’, which ex- Deal (GA) Jordan Pascrell HONORING AND PRAISING THE presses ‘‘that the hanging of nooses is a hor- DeFazio Kagen Pastor NAACP ON ITS 99TH ANNIVERSARY rible act when used for the purpose of intimi- DeGette Kanjorski Paul dation and which under certain cir- Delahunt Kaptur Payne Mr. COHEN. Mr. Speaker, I move to cumstances can be a criminal act that DeLauro Keller Pearce suspend the rules and agree to the con- Dent Kennedy Pence current resolution (H. Con. Res. 289) should be thoroughly investigated by Fed- Diaz-Balart, L. Kildee Perlmutter eral law enforcement authorities and that Diaz-Balart, M. Kilpatrick Peterson (MN) honoring and praising the National As- any criminal violations should be vigorously Dicks Kind Peterson (PA) sociation for the Advancement of Col- prosecuted’’: Now, therefore, be it Dingell King (IA) Petri ored People on the occasion of its 99th Resolved by the House of Representatives (the Doggett King (NY) Pitts anniversary. Senate concurring), That the Congress— Donnelly Kingston Platts (1) recognizes the 99th anniversary of the Doolittle Kirk Poe The Clerk read the title of the con- Doyle Klein (FL) Pomeroy current resolution. historic founding of the National Association Drake Kline (MN) Porter The text of the concurrent resolution for the Advancement of Colored People; and Dreier Knollenberg Price (GA) (2) honors and praises the National Asso- Duncan Kucinich Price (NC) is as follows: ciation for the Advancement of Colored Peo- Edwards Kuhl (NY) Pryce (OH) H. CON. RES. 289 ple on the occasion of its anniversary for its Ehlers LaHood Putnam Whereas the National Association for the work to ensure the political, educational, so- Ellison Lamborn Rahall cial, and economic equality of all persons. Ellsworth Lampson Ramstad Advancement of Colored People (NAACP), Emanuel Langevin Rangel originally known as the National Negro The SPEAKER pro tempore (Mr. Emerson Larsen (WA) Regula Committee, was founded in New York City HODES). Pursuant to the rule, the gen- Engel Larson (CT) Rehberg on February 12, 1909, the centennial of Abra- tleman from Tennessee (Mr. COHEN) Eshoo Latham Reichert ham Lincoln’s birth, by a multiracial group Etheridge LaTourette Reyes of activists who answered ‘The Call’ for a na- and the gentleman from Ohio (Mr. Everett Latta Reynolds tional conference to discuss the civil and po- CHABOT) each will control 20 minutes. Fallin Lee Richardson litical rights of African-Americans; The Chair recognizes the gentleman Farr Levin Rodriguez from Tennessee. Fattah Lewis (CA) Rogers (AL) Whereas the National Association for the Feeney Lewis (GA) Rogers (KY) Advancement of Colored People was founded Mr. COHEN. Mr. Speaker, I ask unan- Ferguson Lewis (KY) Rogers (MI) by a distinguished group of leaders in the imous consent that all Members have 5

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2121 legislative days to revise and extend and college readiness, protecting and handcuffed and jailed under segrega- their remarks and include extraneous advancing voting rights, and identi- tionist policies. And it carried the material on the concurrent resolution. fying solutions to the subprime mort- weight for those whose backs were The SPEAKER pro tempore. Is there gage foreclosure crisis. I have the nearly broken in brutal beatings fueled objection to the request of the gen- privilege of working with the associa- by racial hatred. It did so peacefully tleman from Tennessee? tion to further those important efforts. and with dignity. And as a result, There was no objection. So in recognizing the NAACP’s past America is a better place. Mr. COHEN. Mr. Speaker, I yield my- and present, I again salute the organi- I am pleased to join my colleagues on self such time as I may consume. zation on its near centennial anniver- this concurrent resolution honoring Today I rise and join my colleague, sary. I am confident the NAACP will the historic contributions made by the the Honorable AL GREEN of Texas, in remain an integral part of our Nation’s NAACP to the cause of civil rights in honoring the National Association for efforts to protect and promote civil this Nation. And I would like to con- the Advancement of Colored People on rights in the future and move society clude by acknowledging and recog- the occasion of its 99th anniversary. As forward in a progressive manner on a nizing and honoring the leadership of a we celebrate Black History Month, it is wide array of issues. gentleman in my district, Rev. Fred only appropriate that we do so by rec- I urge my colleagues to support H. Shuttlesworth, who marched with Dr. ognizing our Nation’s oldest and larg- Con. Res. 289. Martin Luther King but who has been est civil rights organization. I reserve the balance of my time. ill recently. He has been a leader in our The NAACP was founded on February Mr. CHABOT. Mr. Speaker, I yield community and really across the entire 12, 1909, by Ida Wells-Barnett, W.E.B. myself such time as I may consume. country in the civil rights movement, DuBois, Henry Moscowitz, Mary White Mr. Speaker, I support and strongly and we all keep him in our prayers and Ovington, Oswald Garrison Villard, and urge my colleagues to support House hope that he recovers quickly. William English Walling. Concurrent Resolution 289 which recog- I reserve the balance of my time. Since its inception, the NAACP has nizes the 99th anniversary of the Mr. COHEN. Mr. Speaker, I yield 5 united students, laborers, profes- NAACP. For almost a century, the minutes to the gentleman from Texas sionals, scholars, officials, and others NAACP has fought to bring justice and (Mr. AL GREEN). of all races to advance its vision of ‘‘a racial equality to this Nation. It is ap- Mr. AL GREEN of Texas. I thank the society in which all individuals have propriate that we review that history. gentleman for the time. equal rights and there is no racial ha- In 1917, the NAACP won a major legal I would like to thank Chairman CON- tred or racial discrimination.’’ victory in the Supreme Court which YERS for being there and making this Historically, the NAACP is probably held that States could no longer re- resolution possible and bringing it to best known for its role and that of strict and officially segregate African the floor. I also would like to remem- Thurgood Marshall in the seminal case Americans into particular residential ber Mr. SENSENBRENNER, who at the of Brown v. Board of Education, in districts. The same year, the NAACP time we first introduced this piece of which the Supreme Court held in 1954 fought for the right of black Americans legislation was the chairperson of the that ‘‘separate educational facilities to be commissioned as military officers Judiciary Committee. And I recall how are inherently unequal.’’ Yet we must during World War I. he made a great effort to get this legis- not forget that the NAACP has been at In 1920, the NAACP held its annual lation to the floor and to get it passed. the forefront of all efforts to secure conference in Atlanta, Georgia, which I am grateful to the Honorable STEVE equality and justice for every Amer- at the time was one of the most active COHEN who is our floor leader today, a ican throughout the 20th century and areas for the Ku Klux Klan. As a result, lawyer par excellence who does an out- now into the 21st century. the NAACP showed the world it would standing job on the Judiciary Com- The NAACP spoke out against lynch- not be intimidated by racial violence. mittee. Thank you so much. I am ing, challenged racially biased Su- In 1935, NAACP lawyers Charles grateful to Mr. STEVE CHABOT. Thank preme Court Justice nominees as early Houston and Thurgood Marshall won a you for your very kind words. What as 1930, and pursued nondiscrimination major legal battle to admit students to you said about the NAACP is entirely policies in the military, war-related in- the University of Maryland. correct, but it is also something that dustries, and the Federal Government During World War II, the NAACP led means a lot to a lot of people. And I during the world wars. the effort that resulted in President think the people across the length and At the height of the civil rights era, Franklin Delano Roosevelt’s ordering a breadth of this country appreciate the NAACP fought battles on the nondiscrimination policy in war-re- what you have said and how you have ground, in the courtroom, and in Con- lated industries and Federal employ- made it clear that the NAACP is im- gress, where it lobbied for passage of ment. portant to us in the United States Con- civil rights legislation like the Civil And in 1948, the NAACP convinced gress. Rights Act of 1964 and the Voting President Harry Truman to sign an ex- I also want to thank the many per- Rights Act of 1965. ecutive order banning discrimination sons, about 45 of whom signed on to by the Federal Government. this piece of legislation so that we b 1700 In 1954, under the leadership of Spe- could bring it to the floor this year. Since then and during our current cial Counsel Thurgood Marshall, the This is the 99th anniversary of the session, NAACP has lobbied for hate NAACP won one of its greatest legal NAACP, having been founded February crimes legislation and other legislation victories in Brown v. Board of Edu- 12, 1909. The NAACP has always been that protects minorities, not nec- cation. an integrated organization. It has essarily based on race, but based on In 1960 in Greensboro, North Caro- fought for integration. But it has from discrimination. lina, members of the NAACP Youth its genesis been an organization that Today, on the shoulders of distin- Council launched a series of nonviolent has been integrated. And while we re- guished members and leaders such as sit-ins at segregated lunch counters. member many of the names of the Dr. Martin Luther King, Jr., Coretta The history of America’s modern great NAACPers, James Weldon John- Scott King, Rosa Parks, Medgar Evers, struggle to live up to our constitu- son, of course, who was one of the great Merlie Evers-Williams, Benjamin tional principles was written in large executive secretaries of the organiza- Hooks, Julian Bond, Jesse Turner, Jr., part by the NAACP. And it continues tion, we will remember always the Maxine Vasco Smith, and Kweisi to champion the cause of social justice name Roy Wilkins, who was a labor Mfume, the NAACP continues to fight today for all Americans. leader and executive secretary of the the good fight. The NAACP has served as the voice NAACP, W.E.B. DuBois, who was one of Most recently the NAACP is proof those who were muzzled by fear. It the great intellectuals of his time and moting African American graduation served as the voice of those who were of all time. We remember Julian Bond

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2122 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 who today is the chairperson of the or- Mr. COHEN. Mr. Speaker, I appre- Mary White Ovington, Oswald Garrison ganization, and Dr. Benjamin Hooks ciate the words Mr. CHABOT expressed Villiard, and William English Walling, banded who was an FCC board member but and Mr. GREEN. The NAACP is an out- together to produce the ‘‘Call to National Ac- also a lawyer and executive director of standing organization, and I would sub- tion.’’ This founding document of the NAACP the NAACP. mit that during my time here in Con- laid out the organization’s goals—to protect But some of the names we don’t al- gress, I don’t know of another group the rights guaranteed by the 13th, 14th, and ways remember are names of persons that has had a more effective lobbying 15th Amendments to the Constitution. From who are not African Americans who force on issues concerning human their ever-present task to preserve these rights were there at the genesis of this orga- rights and civil rights and rights of to the fight to put an end to lynching, the great nization. Mary White Ovington, this people who are underrepresented and victory over segregation won in 1954’s Brown lady held one of the very first organiza- need the help of government and need v. Board of Education, and their continuing tional meetings of the NAACP in her it in a fair and just way. crusade to protect civil rights, the NAACP has living room at a time when it was not In my community of Memphis, the been an inimitable champion of the cause of popular to host a meeting for an orga- president of NAACP is Mrs. Johnnie equality and social justice in our Nation. nization like the NAACP. I also would Turner. We have had a great NAACP Today, under the leadership of Chairman Ju- remember, if we would, William chapter. Ben Hooks, who is a former lian Bond, the organization has grown to over English Walling and Oswald Garrison head of the agency, is a resident of my 2,200 branches with over 500,000 members Villiard. These persons were not Afri- community, an outstanding individual nationwide. can Americans, but they literally put who recently was honored by President Connecticut is very grateful for the work that their lives on the line so that African Bush with a Medal of Freedom. And the NAACP has done in the State. Americans could have the types of Maxine Vasco Smith and Jesse Turner Headquartered in Hartford, Connecticut and rights and privileges that we enjoy who have been national officers of the led by chapter president Scot X. Esdaile, the today. NAACP are residents of my community Connecticut NAACP has been a great advo- The NAACP, the Nation’s oldest civil as well. cate for civil rights in the State. rights organization, has been there at The NAACP has been very important The Connecticut NAACP has been a valu- times of need when it came to issues to Memphis but very important to this able partner in local efforts to ensure civil like the Civil Rights Acts of 1957, 1960 country. I thank Mr. GREEN for bring- rights. Our chapter has worked to ensure that and 1964. It was there for us when we ing the resolution to the floor, and I minorities are represented in all levels of gov- were lobbying for the Voting Rights appreciate the remarks made here on ernment as important legislative decisions are Act of 1965. Brown v. Board of Edu- the floor. I urge final passage. being made. The group worked with other cation is always mentioned when we Ms. EDDIE BERNICE JOHNSON of Texas. local organizations to develop a talent bank of think of the NAACP, for it was Mr. Speaker, I rise today to honor the National highly qualified minority candidates to fill sen- Thurgood Marshall who took this case Association for the Advancement of Colored ior-level positions in the State and combat any to the Supreme Court and won it, inte- People on its 99th Anniversary. discrimination that might exist. The local grating the schools across this coun- In 1909 the founders of the NAACP came NAACP has also worked tirelessly with the try. together with the purpose of promoting the But the NAACP was also there in the seven members of the Connecticut Congres- case of Shelley v. Kramer, and the case rights guaranteed under the 13th, 14th, and sional delegation to ensure that our Federal of Borrows v. Jackson. These cases out- 15th Amendments to the Constitution. Government secures the blessings of liberty Today, the NAACP works to ensure that all lawed restrictive covenants, racially for all. I am proud to have a 95 percent rating restrictive covenants that barred Afri- individuals have equal rights and to end racial from the NAACP. It remains a prevalent voice can Americans from living in certain hatred and discrimination. in the State and a standard-bearer of the prin- The NAACP has influenced some of the communities. The NAACP took these ciples of equality and justice. cases to the Supreme Court and won greatest civil rights victories of the last cen- Mr. Speaker, I believe we can honor the them as well. tury, including: the integration of our nation’s work of the NAACP best by continuing to work If the truth be told, we live where we schools and the Brown v. Board decision; the for the noble cause for which the organization live, we sleep where we sleep and we Voting Rights Act; striking down segregation; exists: to protect the rights of all persons and eat where we eat because of the and the Equal Employment Opportunity Act. eliminate hatred and racial discrimination. I ex- NAACP. It has made a difference in the Despite the advancements of the past 99 tend to the NAACP my best wishes for a lives of all Americans. And I am so years under the leadership of the NAACP, happy 99th anniversary and I commend and grateful that this Congress has seen fit there is still much work to be done. thank them for a century of service. to honor it today for its 99 years of The NAACP continues to promote new Mr. SCOTT of Virginia. Mr. Speaker, I am service. ideas and leadership in the fields of: edu- honored to rise today to congratulate the As of late, the NAACP was a party to cational and employment opportunities, ending NAACP on its 99th Anniversary. As the Na- the legislation that we put before Con- health care disparities, and economic em- tion’s oldest civil rights organization, the gress to deal with noose intimidation. powerment. NAACP has for 99 years fought to ensure the Noose intimidation, one of the latest The NAACP instilled in America a sense of educational, social, economic and political means by which persons are having consciousness, and it continues to do so equality of all persons, so that all may partici- civil rights violated, and the NAACP today. pate and share in this country’s great Democ- was there to help us push this legisla- I commend the NAACP on this anniversary racy. tion through Congress, so as to make it and the thousands of individuals who continue The NAACP was founded by a multi-racial very clear, transpicuously so, that this to fight for equality and justice. group of activists who answered ‘‘The Call’’ to country will not tolerate noose intimi- Mr. LARSON of Connecticut. Mr. Speaker, I engage in a national conference to discuss the dation. In fact, the President of the rise today to honor and pay tribute to one of civil rights of African Americans in the summer United States, as late as yesterday, the oldest and greatest civil rights organiza- of 1908. That year, the NAACP embarked on made it clear that noose intimidation tions in our country’s history. The NAACP has its mission to ensure equal rights for all citi- is unacceptable in this country. served for nearly a century to provide help for zens and to eliminate racial prejudice in the The NAACP has been a part of the those who cannot help themselves, to provide United States. fiber and fabric of the human rights, justice for the wronged, and to give a voice to Since then, the NAACP has worked tire- civil rights movement in this country. the disenfranchised. Though the group formed lessly to accomplish its mission by continually If we did not have the NAACP, we to fight for equality for minorities and the dis- looking for ways to improve the democratic would have to create the NAACP. It advantaged, the NAACP has vigilantly stood process and by seeking the enactment and has been there for us. Today we are guard for all Americans so that the basic rights enforcement of Federal, State, and local laws there for the NAACP. of none are infringed upon. that secure civil rights. The NAACP furthers its Mr. CHABOT. Mr. Speaker, I yield In 1909, six great Americans, Ida Wells- mission by making the public aware of the ad- back the balance of my time. Barnett, W.E.B. DuBois, Henry Moscowitz, verse effects of racial discrimination and by

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2123 seeking its elimination. The NAACP also was founded in New York City during this The NAACP spoke out against lynching, seeks to educate the public about their con- month of February that we now recognize as challenged racially biased Supreme Court Jus- stitutional rights and goes to court to enforce Black History Month. tice nominees as early as 1930, and pursued those rights when necessary. As a child of the civil rights movement, I wit- nondiscrimination policies in the military, war- Shortly after its founding in the early 1900s, nessed first hand the leadership of the related industries, and the Federal Govern- the NAACP undertook an anti-lynching cam- NAACP in fighting for human rights. ment during the world wars. paign and launched a public protest when I remember vividly, the role the NAACP At the height of the civil rights era, the segregation was introduced into the Federal played in shattering segregation in my birth- NAACP fought battles on the ground, in the Government. The NAACP was influential in place of El Paso, Texas. courtroom, and in Congress, where it lobbied President Harry Truman’s decision to issue an We all know their great contributions: for passage of civil rights legislation, like the Executive Order in 1948 ending discrimination From the victory in Brown vs. Board of Edu- Civil Rights Act of 1964 and the Voting Rights by the Federal Government. In 1954, the cation, to the non-violent sit ins at segregated Act of 1965. NAACP helped bring an end to segregation in lunch counters, to passage of the Voting Since then and during our current session, public schools in the case of Brown v. Board Rights Act, the NAACP has played a central the NAACP has lobbied for hate crimes legis- of Education. In 1964, it worked to raise sup- role in every great civil rights battle of the last lation and other legislation that protects mi- port for the passage of the Civil Rights Act. In century. norities, not necessarily based on race, but 1979, it helped expand voter participation Today, the Nation’s oldest and largest civil based on discrimination. through voter registration in high schools. And rights organization continues to be a powerful Today, on the shoulders of distinguished the list goes on. voice in the ongoing struggle against injustice, members and leaders such as Dr. Martin Lu- Today, the NAACP continues to eliminate oppression, and war. ther King, Jr., Coretta Scott King, Rosa Parks, racial prejudice when it rears its ugly head, The NAACP has been a dedicated and con- Medgar Evers, Merlie Evers-Williams, Ben- and informs the public of its intolerable pres- stant partner as I have worked with my col- jamin Hooks, Julian Bond, Jesse Turner, Sr., ence when it does. It continues to act as a leagues to end the war in Iraq, stop the geno- Maxine Vasco Smith, and Kweisi Mfume, the watchdog to protect the constitutional and civil cide in Darfur, and eradicate the global HIV/ NAACP continues to fight the good fight. rights of all people. And it educates the public AIDS pandemic. Most recently, the NAACP is promoting Afri- about civil rights so that future generations will They opposed the Iraq war from the begin- can American graduation and college readi- know tolerance and equality as the norm, rath- ning and support our efforts to end the occu- ness, protecting and advancing voting rights, er than the exception. pation and bring the troops home. and identifying solutions to the subprime mort- I am proud to be a Diamond Life Member of They led the charge in support of my bill au- gage foreclosure crisis. I have the privilege of the NAACP and to have once served as Presi- thorizing divestment from Sudan and they working with the association to further these dent of the Newport News, Virginia branch. worked with faith, activist and student groups important efforts. Mr. Speaker, I congratulate the NAACP on to ensure that it got signed into law at the end So, in recognizing the NAACP’s past and 99 years of service to our great country and of last year. present, I again salute the organization on its its people, and I wish them another highly suc- And on HIV/AIDS, they have consistently near centennial anniversary. I am confident cessful 99 years. been on the frontlines advocating for in- the NAACP will remain an integral part of our Mr. HOYER. Mr. Speaker, I am proud to creased funding to help end the devastation Nation’s efforts to protect and promote civil support H. Con. Res. 289, the resolution intro- this disease has caused in the African Amer- rights in the future and move society forward duced by Congressman AL GREEN to com- ican community. in a progressive manner on a wide array of mend the National Association for the Ad- In short, the NAACP continues to dem- issues. vancement of Colored People, NAACP, on onstrate their commitment to stand on the bat- I urge my colleagues to support H. Con. their 99th anniversary. tlefield and lead the charge for what is right. Res. 289. Few organizations have had such a wide- They deserve this honor and our praise and Mr. COHEN. I yield back the remain- ranging and long-lasting impact on the United they deserve our thanks. der of my time. States as the NAACP. Since their founding on Mr. Speaker, I urge my colleagues to sup- The SPEAKER pro tempore. The February 12, 1909, the NAACP has been a port this resolution. question is on the motion offered by strong, consistent voice for minority Ameri- Mr. COHEN. Mr. Speaker, today I rise and the gentleman from Tennessee (Mr. cans. In the face of hatred and opposition, the join my colleague, the Honorable AL GREEN of COHEN) that the House suspend the members of the NAACP have consistently Texas, in honoring the National Association for rules and agree to the concurrent reso- stuck to their guiding principle of nonviolence, the Advancement of Colored People on the lution, H. Con. Res. 289. and worked instead through elections, the occasion of its 99th anniversary. As we cele- The question was taken. press, and the legal system. As a result of brate Black History Month, it is only appro- The SPEAKER pro tempore. In the their leadership and tireless efforts, we are priate that we do so by recognizing our Na- opinion of the Chair, two-thirds being significantly closer to achieving political, edu- tion’s oldest and largest civil rights organiza- in the affirmative, the ayes have it. cational, social, and economic equality for all. tion. Mr. CHABOT. Mr. Speaker, on that I As the oldest and largest civil rights organi- The NAACP was founded on February 12, demand the yeas and nays. zation in the United States, I congratulate the 1909, by Ida Wells-Barnett, W.E.B. Dubois, The yeas and nays were ordered. NAACP on their 99th anniversary. Their work Henry Moscowitz, Mary White Ovington, Os- The SPEAKER pro tempore. Pursu- over the past 99 years has made us a better wald Garrison Villard, and William English ant to clause 8 of rule XX and the and more tolerant Nation. I wish them the best Walling. Chair’s prior announcement, further as they continue their efforts to eliminate dis- Since its inception, the NAACP has united proceedings on this motion will be crimination from all corners of our society. students, laborers, professionals, scholars, of- postponed. Ms. LEE. Mr. Speaker, as an original co- ficials, and others of all races to advance its sponsor, I rise in strong support of H. Con. vision of ‘‘a society in which all individuals f Res. 289, which honors the NAACP on its have equal rights and there is no racial hatred b 1715 99th anniversary. or racial discrimination.’’ AMERICAN BRAILLE FLAG I want to thank Congressman AL GREEN, Historically, the NAACP is probably best who served as president of the Houston known for its role and that of Thurgood Mar- MEMORIAL ACT Branch of the NAACP for over 10 years, for shall in the seminal case of Brown v. Board of Mr. RODRIGUEZ. Mr. Speaker, I once again introducing this important resolu- Education, in which the Supreme Court held in move to suspend the rules and pass the tion. 1954 that ‘‘separate educational facilities are bill (H.R. 4169) to authorize the place- I also want to recognize the outstanding job inherently unequal.’’ Yet we must not forget ment in Arlington National Cemetery that NAACP Chairman Julian Bond has done that the NAACP has been at the forefront of of an American Braille tactile flag in in leading the organization. all efforts to secure equality and justice for Arlington National Cemetery honoring Almost a century ago, the National Associa- every American throughout the 20th century blind members of the Armed Forces, tion for the Advancement of Colored People and now into the 21st century. veterans, and other Americans.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2124 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 The Clerk read the title of the bill. tained injuries in Operation Iraqi Free- the expense of their health and well- The text of the bill is as follows: dom and Operation Enduring Freedom, being. Some of our veterans have not H.R. 4169 leaving them with some form of severe just lost use of an arm or a leg as a Be it enacted by the Senate and House of Rep- visual loss and impairment. These vet- consequence of service, but now live in resentatives of the United States of America in erans, due to their disability, are often darkness from the loss of their sight. Congress assembled, not afforded the opportunity to cherish In order to serve the needs of blind SECTION 1. SHORT TITLE. and witness the American flag as those Americans, the Kansas Braille Tran- This Act may be cited as the ‘‘American without visual impairment are. That is scription Institute created and de- Braille Flag Memorial Act’’. why passing the American Braille Flag signed a tactile American flag in SEC. 2. FINDINGS. Memorial Act is so important. It would Braille which would enable these blind Congress finds the following: authorize the Secretary of the Army to veterans and other blind Americans the (1) There are more than 175,000 blind vet- place an American Braille tactile flag simple ability to see through the use of erans. on the grounds of the Arlington Na- their hands the beauty of our American (2) The Department of Defense estimates tional Cemetery to honor the sacrifice flag. that 16 percent of the members of the Armed The flag has been specifically de- Forces who have been injured in Operation of our Nation’s blind veterans and Iraqi Freedom and Operation Enduring Free- members of the Armed Forces. signed in a way that informs the blind dom have severe vision loss as a result of This legislation would also allow the of the full color of the American flag, their injuries. Secretary of the Army to approve the 13 stripes and 50 stars on the blue field. (3) The American Braille tactile flag was appropriate design of the flag, as well Additionally, the tactile flag bears the created by the Kansas Braille Transcription as the site in the Arlington National Pledge of Allegiance in both raised Institute in Wichita, Kansas, to allow blind Cemetery that would be most appro- print and grade one Braille. It is a Americans and blind veterans to experience priate for the memorial, which I under- plaque. It is not a traditional flag. the American flag. stand is likely to be at the visitors cen- Mr. Speaker, I offer my full support (4) Arlington National Cemetery, visited ter. The bronze Braille American flag, of this great bill, the American Braille by approximately 4,000,0000 people annually, Flag Memorial Act. By placing the is a national place of remembrance and generously donated by the Kansas honor for the Nation’s veterans. Braille Transcription Institute, would Braille American flag at Arlington Na- SEC. 3. AUTHORIZATION OF PLACEMENT OF AN include the Pledge of Allegiance, and tional Cemetery, we do indeed bring AMERICAN BRAILLE TACTILE FLAG allow the blind and visually impaired honor to our Nation’s blind veterans IN ARLINGTON NATIONAL CEME- to feel the Stars and Stripes and colors community and allow our blind vet- TERY HONORING BLIND MEMBERS of the American flag placed near Ar- erans to see the American flag. OF THE ARMED FORCES, VETERANS, Mr. RODRIGUEZ. I reserve the bal- AND OTHER AMERICANS. lington National Cemetery Visitors (a) IN GENERAL.—The Secretary of the Center. ance of my time. Army is authorized to place in Arlington Na- I am pleased that the Blind Veterans Mr. STEARNS. Mr. Speaker, it is my tional Cemetery an American Braille tactile Association, the American Council and pleasure to yield such time as he may flag in Arlington National Cemetery hon- American Foundation of the Blind consume to the gentleman from Kansas oring blind members of the Armed Forces, wholeheartedly support this piece of (Mr. TIAHRT), the author of the bill. veterans, and other Americans. legislation. Our efforts today will show Mr. TIAHRT. I thank the gentleman (b) APPROVAL OF DESIGN AND SITE.—The the over 4 million visitors who come to from Florida and the gentleman from Secretary of the Army shall have exclusive Texas for their assistance in helping authority to approve an appropriate design the Arlington National Cemetery each year that we remember and honor the me with this very fine piece of legisla- and site within Arlington National Cemetery tion. for the memorial authorized under sub- blind veterans who died in service to section (a). our Nation, as well as all veterans and Mr. Speaker, last summer, one of my constituents, Randy Cabral, president The SPEAKER pro tempore. Pursu- servicemembers who live today with blindness and vision loss. of the Kansas Braille Transcription In- ant to the rule, the gentleman from stitute, e-mailed me with an idea, to Texas (Mr. RODRIGUEZ) and the gen- Mr. Speaker, this legislation provides a way to include all Americans in this place an American Braille flag at Ar- tleman from Florida (Mr. STEARNS) lington National Cemetery. Today, we each will control 20 minutes. wonderful patriotic experience when visiting Arlington National Cemetery see the fruition of one man’s idea. The Chair recognizes the gentleman Prior to the creation of the American from Texas. and seeing the American flag where heroes are laid to rest. I am told that Braille flag, the American flag was not GENERAL LEAVE when feeling miniature mock-up accessible to the blind. This flag was Mr. RODRIGUEZ. Mr. Speaker, I ask versions of the Braille flag, blinded created by the Kansas Braille Tran- unanimous consent that all Members veterans and servicemembers often scription Institute in Wichita, Kansas. may have 5 legislative days within break down and cry. As you can see on this poster to my which to revise and extend their re- It would only be appropriate to allow left, the flag has been specially de- marks and include extraneous material our blind and visually impaired vet- signed in a way that informs the blind on H.R. 4169. erans and servicemembers to share this of the full color of the American flag, The SPEAKER pro tempore. Is there experience by paying tribute and hon- the 13 stripes and the 50 stars on a blue objection to the request of the gen- oring them with the recognition they field. Additionally, this tactile flag tleman from Texas? deserve at the hallmark of American bears the Pledge of Allegiance, both in There was no objection. memorials, the Arlington National raised print and in grade one Braille. Mr. RODRIGUEZ. Mr. Speaker, I Cemetery. Few know that our Nation has more yield myself such time as I may con- I urge my colleagues to support the than 1 million blind and low-vision vet- sume. passage of H.R. 4169 without delay. erans, and those numbers continue to Mr. Speaker, today I rise in strong Mr. Speaker, I reserve the balance of rise. The Department of Defense esti- support of the American Braille Flag my time. mates that 16 percent of those injured Memorial Act, H.R. 4169. I would like Mr. STEARNS. Mr. Speaker, I yield in Operation Iraqi Freedom and Oper- to thank my colleague, Mr. TIAHRT, for myself such time as I may consume. ation Enduring Freedom suffer from se- drafting this important piece of legis- I rise also in strong support for H.R. vere vision loss. An additional 10 to 12 lation and for his leadership in this 4169, which would authorize the place- million Americans are blind or of low area. ment in Arlington National Cemetery vision. Today, there are nearly 1.3 million of an American Braille tactile flag hon- The American Braille Flag Memorial blinded and visually impaired Ameri- oring blind members of the Armed Act authorizes the placement of an cans, and approximately 187,000 of Forces, veterans and other Americans. American Braille flag at Arlington Na- those are veterans. It is estimated that My colleagues, our Nation’s veterans tional Cemetery, a national place of re- 16 percent of these veterans have sus- have fought for our freedom, many at membrance and honor for our Nation’s

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2125 veterans. The cemetery is visited by an stitute for their offering this to the Whereas the Governor of the State of estimated 4 million people annually. government at the Arlington National Washington and the Washington State Vet- The American Braille Flag Memorial Cemetery. erans Affairs Department have expressed the will bring honor to our Nation’s blind Again, it is a lot of hard work by Mr. State’s support for this program; Whereas when a person buys a Veterans community and allow our blind vet- TIAHRT, and I commend him. I urge my Family Fund Certificate of Deposit from a erans to see the American flag again. colleagues to support and pass this bill, participating financial institution, half of In order to ensure that this effort H.R. 4169. the interest is automatically donated to the will enhance and not detract from the Mr. Speaker, I yield back the balance State of Washington’s Veterans Innovation cemetery, I have worked with the su- of my time. Program to address the unmet needs of the perintendent of the Arlington National Mr. RODRIGUEZ. Mr. Speaker, I State of Washington’s veterans and their Cemetery, John Metzler. Mr. Metzler want to take this opportunity also to families; believes that a 15-inch by 17-inch thank both the gentleman from Florida Whereas the Veterans Innovation Program provides emergency assistance to help cur- as well as the author, TODD TIAHRT, on bronze replica of the American Braille rent or former Washington National Guard flag would be a wonderful addition to their efforts in this area. or Reserve service members cope with finan- the visitors center at the cemetery. Mr. Speaker, I yield back the balance cial hardships, unemployment, educational This is a unique bronze replica, and, of my time. needs, and many basic family necessities; as such, this new drawing and special The SPEAKER pro tempore. The and casting had to be commissioned. The question is on the motion offered by Whereas the Veterans Family Fund Certifi- drawings for the bronze replica were the gentleman from Texas (Mr. cate of Deposit will be officially launched on completed by Kevin West, a student at RODRIGUEZ) that the House suspend the November 8, 2007: Now, therefore, be it rules and pass the bill, H.R. 4169. Resolved, That the House of Representa- Wichita Area Technical College. Kevin tives— is a specialist in the Kansas Army Na- The question was taken. (1) commends the people of the State of tional Guard. He is also a veteran of The SPEAKER pro tempore. In the Washington for showing their support for the Operation Iraqi Freedom and Operation opinion of the Chair, two-thirds being needs of the State of Washington’s veterans; Enduring Freedom. He served in the in the affirmative, the ayes have it. and 778th Combat Heavy Equipment Trans- Mr. STEARNS. Mr. Speaker, on that (2) encourages residents of other States to port Group, or HET, out of Kansas I demand the yeas and nays. pursue creative ways to show their own sup- City, Kansas, as both a convoy security The yeas and nays were ordered. port for veterans. and a HET operator. Let me take this The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- moment to thank Kevin for his service ant to clause 8 of rule XX and the ant to the rule, the gentleman from to the Nation. Chair’s prior announcement, further Texas (Mr. RODRIGUEZ) and the gen- The actual bronze flag memorial will proceedings on this motion will be tleman from Florida (Mr. STEARNS) be cast free of charge by the Truxes postponed. each will control 20 minutes. Company of Oswego, Illinois. The f The Chair recognizes the gentleman from Texas. Truxes Company was founded by an- b 1730 other American hero, Mr. Bill Truxes. Mr. RODRIGUEZ. Mr. Speaker, I Mr. Truxes joined the Army Air Corps COMMENDING THE PEOPLE OF yield myself such time as I may con- during World War II and served as a B– WASHINGTON FOR SHOWING sume. 24 pilot. While serving in World War II, THEIR SUPPORT FOR VETERANS Mr. Speaker, I would like to thank he was shot down during the Battle of Mr. RODRIGUEZ. Mr. Speaker, I my distinguished colleague, Congress- the Bulge and became a POW in Ger- move to suspend the rules and agree to man BRIAN BAIRD of Washington, for many in 1944. He was liberated at the the resolution (H. Res. 790) com- drafting this resolution which calls on end of the war. I greatly appreciate Mr. mending the people of the State of the States to create innovative ways to Truxes’ patriotism and generosity in Washington for showing their support supplement State and Federal pro- agreeing to donate the bronze casting, for the needs of the State of Washing- grams created to assist our Nation’s and I also want to thank him for his ton’s veterans and encouraging resi- veterans. I would also like to commend service. dents of other States to pursue cre- the Washington delegation for the With Mr. West and Mr. Truxes both ative ways to show their own support strong bipartisan support they dem- donating their service, and the Kansas for veterans. onstrated in introducing this resolu- Braille Transcription Institute donat- The Clerk read the title of the resolution. ing the transportation, this entire tion. This resolution establishes a certifi- project will be provided to the govern- The text of the resolution is as fol- cate of deposit in participating finan- ment free of charge. lows: cial institutions that would automati- Mr. Speaker, I want to thank my 16 H. RES. 790 cally donate 50 percent of the accrued interest to the State of Washington’s cosponsors and the Blind Veterans of Whereas every day, American men and America for their endorsement and women risk their lives serving the country Veterans Innovation Program. Pro- support of this effort. But more impor- in the Armed Forces; viding this avenue to invest in our vet- tantly, I want to thank those who Whereas it is important to many Ameri- erans will help ensure that the needs of served this Nation. We owe a huge debt cans to be able to donate money directly to our Nation’s heroes are available when of gratitude to our veterans, and this causes about which they care; they need them. simple action will mean much more to Whereas it is important for residents to I strongly support the resolution and our patriotic blind veterans. have a tangible way to demonstrate their encourage all States to follow the en- support for veterans; thusiasm and support for our veterans. I encourage my colleagues to join Whereas despite Government funding for with me in supporting this effort and the Nation’s veterans, many important needs Mr. Speaker, I urge my colleagues to placing the Braille flag at Arlington of veterans remain unmet; join me in support of House Resolution National Cemetery. Whereas citizens in the State of Wash- 790. Mr. STEARNS. Mr. Speaker, I yield ington have banded together in a grassroots I reserve the balance of my time. myself such time as I may consume. effort to create a Veterans Family Fund Cer- Mr. STEARNS. Mr. Speaker, I rise in Mr. Speaker, I want to again con- tificate of Deposit; support of H. Res. 790, a bill commemo- gratulate my colleague from Kansas Whereas any financial institution in the rating the people of the State of Wash- for introducing this bill. It clearly State of Washington can choose to offer a ington for showing their support for Veterans Family Fund Certificate of De- shows a special sense of sensitivity to posit; the needs of the State of Washington’s the needs of disabled veterans. I com- Whereas the Bank of Clark County has be- veterans and encouraging residents of mend my distinguished colleague for come the first institution to offer these Cer- other States to pursue creative ways to doing this and for the support of the in- tificates of Deposit; show their own support for veterans.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2126 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 This resolution was introduced by my sistance to veterans and their families your bonus miles with American Air- distinguished colleague from Wash- in areas where none is otherwise avail- lines, you get your bonus miles if you ington (Mr. BAIRD). able through the State or Federal Gov- use your card with a particular institu- It was particularly inspired by the ernment. This will include direct tion and so forth. Veterans Family Fund Certificate of grants for emergency financial assist- I figure Americans, when they use Deposit, an insured account created ance and efforts to promote the long- their credit card, could send their through the grassroots efforts of citi- term financial stability of Washington bonus miles or the equivalent of those zens in Washington State to benefit State’s veterans. Speaking personally, to veterans, and they would be happy military veterans and their families. as someone who worked in the VA sys- to lay down their credit cards, whether The Veterans Family Fund Certificate tem as a clinical psychologist, I can it be American Express or Visa or of Deposit was officially launched on tell you how valuable this sort of flexi- whatever, with a big red, white and November 8, 2007. ble individualized assistance can be to blue credit card. And someone say, When an individual purchases a Vet- helping our veterans and families. what kind of credit card is that, that erans Family Fund Certificate of De- Last year, Congress stepped up to the it’s that color? And they say, That’s posit from a participating financial in- plate and provided significant in- the Veterans Visa. That means all stitution, half of the interest is auto- creases in funding for our Nation’s vet- those bonus miles that would have matically donated to the State of erans, but this is a creative way for the gone to me being able to get a little Washington’s Veterans Innovation Pro- average citizen to show his or her sup- extra bonus vacation or whatever is gram. The Veterans Innovation Pro- port for the brave men and women who going to go to help our Nation’s vet- gram was created to provide emergency have served in the Armed Forces. This erans. And I will tell you, I think there assistance to help current or former program was entirely citizen-driven, would be a lot of Americans out there Washington National Guard or Reserve and it demonstrates the power of inter- who would be more than happy to be servicemembers simply cope with fi- ested individuals who come together to able to show their patriotic sense of nancial hardships, unemployment, edu- make a difference. duty when they are going around, espe- cational needs, and many other basic I would like to particularly acknowl- cially those who are very comfortable family necessities. edge Jane Jacobsen, who was the first and sitting in the business board rooms The initiative of the citizens of the to come up with the idea for the proof this country doing business trans- State of Washington in creating this gram, and Mike Worthy of the Bank of actions all across this country and are program is to be commended. Through- Clark County who made his institution sitting comfortably home while our out the years, young men and women the first to participate in the program young men and women are overseas across this great Nation have answered and has already sold more than $300,000 fighting for this country, to be able to the call to duty and taken up arms in in CDs, including one which I was lay down that Veterans Visa card and defense of our freedom and that of oth- happy to invest in myself. I also want have those affinity dollars go to those ers in this world. We should recognize to acknowledge John Lee, the director veterans groups. I think we could send the service of these veterans and en- of the Washington State Department of courage others to honor them by sim- that directly to the very great organi- Veterans Affairs, who has supported ply passing this bill today. zation in New York, the Fisher Foun- the project from the very start. And, in I would like to thank Chairman FIL- dation which has a grade A transparent particular, I want to give special rec- NER and Ranking Member BUYER for ruling for all the dollars that it sends bringing this resolution so quickly to ognition to the outstanding Governor to the Intrepid Organization and to the the floor for consideration today. of the State of Washington, Governor poly-trauma centers and all the vet I reserve the balance of my time. Christine Gregoire, who has been a key centers across the country. Mr. RODRIGUEZ. Mr. Speaker, I supporter and advocate for this pro- I think this is a terrific notion of the yield such time as he may consume to gram from its infancy. certificate of deposits, having a per- the gentleman from Washington, BRIAN I am joined in this effort by the en- centage of those interest payments BAIRD. tire Washington delegation on this res- going to veterans, and I think this is Mr. BAIRD. I thank my friend and olution to commend the people of our one that I am hoping to get started as colleague from Texas and the gen- State for showing their support for the well. And it follows on the same con- tleman from Florida as well. I want to needs of our veterans, and we encour- cept that you are working on here in commend Chairman FILNER for his sup- age residents of other States to pursue Washington State. I hope to take your port as well. similar creative ways to show their concept that you are doing in Wash- I am very, very pleased today to rec- support for veterans. Again, I thank ington State and bring it to my State ognize the efforts of my constituents, the Chair, I thank the gentleman from of Rhode Island. I commend you on it, who joined together with many others Texas and the gentleman from Florida and I just want to salute you for the from across Washington State to unite for their time, and urge passage of this work that you are doing out in Wash- in a common endeavor, to help our vet- resolution. ington State. erans and their families. The desire of Mr. STEARNS. Mr. Speaker, I yield Mr. BAIRD. Mr. Speaker, will the Washington residents to help our vet- back the balance of my time. gentleman yield? erans has led to the creation of the Mr. RODRIGUEZ. Mr. Speaker, let Mr. KENNEDY. I yield to the gen- Veterans Family Fund Certificate of me take this opportunity to recognize tleman from Washington. Deposit in November of last year. the Congressman from Rhode Island, Mr. BAIRD. I would just like to As my friends have described earlier, Mr. PATRICK KENNEDY, for such time as thank you for supporting this initia- anyone wishing to show their personal he may consume. tive and would in turn support your support for our veterans can do so in a Mr. KENNEDY. I too want to join in proposal. simple way: They can simply invest in support of this resolution and com- What this comes out of is citizens a 6-month Veterans Family Fund Cer- mend my colleagues from Washington saying, Look, we’ve got young men and tificate of Deposit. After the 6 months, State, particularly my colleague BRIAN women, and as many people know in as mentioned earlier, half of the inter- BAIRD. this conflict, it’s not just young men est earned on the certificate goes back I have always thought, and I have and women, it’s people of all ages over- to the individual who invested, but the talked to the Bank of America about seas in Iraq and Afghanistan and other half of the interest is donated as this and have an appointment with throughout the country. And when a charitable contribution to the Wash- former Treasury Secretary Bob Rubin they come back home, we want to show ington State Department of Veterans to discuss a Veterans Visa. We all have them our support. It’s a fine thing and Affairs’ Veterans Innovation Program. credit cards and we all have the affin- a proper thing that we would wave a The Department of Veterans Affairs ity cards. They sell us cards where flag and say thank you for your serv- will use the new funding to provide as- they have the affinity, where you get ice. But sometimes people need more

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2127 than just a thanks. Sometimes they Friedenwald, Colonel (retired), U.S. Army; the resolution (H. Res. 963) supporting need the ability to visit a loved one; Betsy Henning, Principal, Alling Henning Asso- the goals and ideals of National Salute sometimes they need a home repaired; ciates; and John Lee, Director, Washington to Hospitalized Veterans Week, and for sometimes they need a little bit of help State Department of Veterans Affairs. other purposes. financially to go to school. And the I encourage other States to look at the The Clerk read the title of the resolu- kind of program that we are putting Washington State Department of Veterans Af- tion. forward today allows over and above fairs, and the Veterans Family Fund, as a The text of the resolution is as fol- what we are already providing through model of creativity and innovation in providing lows: our VA services to average citizens to support for our veterans at the local level. I H. RES. 963 provide support for doing just that. It commend their work and ask my colleagues to Whereas February 11–15, 2008, has been des- sounds like that is what you are seek- support the resolution. ignated by the President as National Salute ing to do, Mr. KENNEDY. I commend Mr. REICHERT. Mr. Speaker, it is a privi- to Hospitalized Veterans Week; you for your efforts and look forward lege to stand with our State delegation to rec- Whereas the National Salute to Hospital- to working with you. ognize an important new program begun in ized Veterans week each year is an oppor- Mr. KENNEDY: I likewise thank the Washington to support our soldiers and vet- tunity to thank a special group of men and women, the more than 98,000 veterans of the gentleman. erans. We must never forget that we enjoy our United States Armed Forces, who are cared Mr. RODRIGUEZ. Mr. Speaker, let for every day in Department of Veterans Af- me also take this opportunity to con- freedom today because of the courage, commitment, and sacrifice of generations of men fairs (VA) medical centers, outpatient clin- gratulate the author, Mr. BRIAN BAIRD and women in uniform. From the beaches of ics, domicilaries, and nursing homes; of Washington. Whereas at the 155 VA hospitals across the Normandy to the jungles of Vietnam, our GENERAL LEAVE Nation, there are veterans who face the troops have willingly and repeatedly stood in physical and mental wounds of combat every Mr. RODRIGUEZ. Mr. Speaker, I ask harm’s way to preserve the values and lib- unanimous consent that all Members day, long after their military service has erties we cherish. been completed; may have 5 legislative days within I know my colleagues who stand here with Whereas we can never fully repay our debt which to revise and extend their re- me today share my commitment to keeping of gratitude to the veterans, but will thank marks and include extraneous mate- our promises to America’s veterans. But we and support them with our words and deeds; rials on House Resolution 790. must also keep our promise to veterans in our Whereas Mike Vogel, motion picture actor The SPEAKER pro tempore. Is there communities, and the Veterans Family Fund and star of the newly-released ‘‘Cloverfield’’, objection to the request of the gen- Certificate of Deposit is a perfect example of will lead the VA’s annual patient recognition tleman from Texas? just such an effort. It is a straightforward way program as the national spokesperson, invit- ing the public to visit and honor hospitalized There was no objection. of raising additional funds to meet the needs Mr. SMITH of Washington. Mr. Speaker, I veterans during National Salute to Hospital- of Washington veterans and their families, and ized Veterans Week; and rise today in support of H. Res. 790 and to ac- to assist our returning troops in making a Whereas Mike Vogel will be the youngest knowledge the dedication and support pro- seamless transition home. celebrity to lead the National Salute, bring- vided to Washington State veterans by the This program represents some of the very ing youthful energy to the program at a time Veterans Family Fund and the Washington best that can come from public-private part- when the number of young combat veterans State Department of Veterans Affairs. nerships. I commend the many participating under the care of the VA is growing, and as As someone who is privileged to represent banks and credit unions for joining with the the VA is looking to younger generations of thousands of veterans and their families, I be- State VA to make this initiative possible, and Americans to replenish an aging volunteer lieve that we owe the men and women who force: Now, therefore, be it I hope that other States will soon follow Wash- Resolved, That the House of Representa- have served our country an enormous amount ington’s lead. tives— of gratitude and respect. No matter how big or small the effort, we (1) supports the National Salute to Hos- People who have never served in uniform must continue to pursue every available pitalized Veterans Program and its efforts to frequently ask me how they as individuals can means of supporting our troops. We are the pay tribute to and express appreciation for support veterans beyond simply displaying a United States of America today, and we are hospitalized veterans, to increase commu- flag on Veterans’ Day. Today, I am proud to free, because of the sacrifices of these men nity awareness of the role of VA medical say that the Veterans Family Fund, in coordi- and women in uniform who put their lives on centers, and to encourage citizens to visit nation with the Washington State Department the line—for us, for their country. hospitalized veterans and become involved as Mr. RODRIGUEZ. I yield back the volunteers; of Veterans Affairs, has provided a way for all (2) encourages citizens who live near a VA citizens to directly show their support for our balance of my time. The SPEAKER pro tempore. The hospital or clinic to take time this week to veterans year-round, and provide financial as- visit and thank our veterans; and sistance to those veterans and their families question is on the motion offered by (3) will continue to work with veterans who need a bit of extra support. the gentleman from Texas (Mr. service organizations to support our veterans The program is simple, and requires only a RODRIGUEZ) that the House suspend the with words, actions, and financial assistance. modest financial commitment. When taking out rules and agree to the resolution, H. The SPEAKER pro tempore. Pursu- a ‘‘Veterans Family Fund’’ Certificate of De- Res. 790. ant to the rule, the gentleman from The question was taken. posit for at least 6 months, individuals pledge Texas (Mr. RODRIGUEZ) and the gen- The SPEAKER pro tempore. In the that half of the interest earned by the certifi- tleman from Florida (Mr. STEARNS) opinion of the Chair, two-thirds being cate will be donated to benefit veterans and in the affirmative, the ayes have it. each will control 20 minutes. their families, while the investor receives the Mr. STEARNS. Mr. Speaker, on that The Chair recognizes the gentleman other half of the interest, and a tax deduction I demand the yeas and nays. from Texas. for their contribution. The contributions are The yeas and nays were ordered. Mr. RODRIGUEZ. Mr. Speaker, I managed and disbursed to veterans and their The SPEAKER pro tempore. Pursu- yield myself such time as I may con- families who are in need by the Veterans In- ant to clause 8 of rule XX and the sume. novations Program, operated by the Wash- Chair’s prior announcement, further Mr. Speaker, throughout the Na- ington State Department of Veterans Affairs. proceedings on this motion will be tion’s history, we have relied on the The Veterans Family Fund is an inde- postponed. patriotism, valor, courage and unself- ishness of those who wear the uniform pendent organization founded by local citizens f to help all Washington State veterans. I would of the Armed Forces. With this service like to take a moment to specifically acknowl- SUPPORTING THE GOALS AND comes the real possibility of receiving edge the members of the Veterans Family IDEALS OF NATIONAL SALUTE an injury in answering the call to duty. Fund Steering Committee, who made this pro- TO HOSPITALIZED VETERANS The global war on terrorism is no ex- gram possible: Jane Jacobsen, Executive Di- WEEK ception. To date, over 31,000 servicemen rector, Confluence Project; Michael C. Worthy, Mr. RODRIGUEZ. Mr. Speaker, I and -women have been wounded in ac- CEO, Bank of Clark County; Robert move to suspend the rules and agree to tion and nearly 4,000 killed.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2128 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 For 30 years, the Department of Vet- heroes. You will walk away feeling a and the scope of services available to our se- erans Affairs has designated the week whole lot better than when you came verely wounded veterans at the Tampa of February 14 as the National Salute in, because you’re so proud of what Polytrauma Rehabilitation Center. to Hospitalized Veterans Week. The they’ve done. I hope my colleagues will join me in voicing goals of the program are to pay tribute Finally, Mr. Speaker, this resolution their commitment for the future funding needs and express appreciation to hospital- assures our Nation’s veterans that we of these important projects. ized veterans, to increase community in Congress will continue to work with Mr. BACA. Mr. Speaker, I rise today in sup- awareness, and to encourage individ- veterans service organizations to support of H. Res. 963, supporting the goals and uals to become involved at their local port our veterans with words, actions, ideals of National Salute to Hospitalized Vet- VA as volunteers. and financial assistance. erans Week. The VA’s Voluntary Service is the Again, Mr. Speaker, I rise in strong February 11–15, 2008, has been designated largest volunteer program in the Fed- support of House Resolution 963. by the President as National Salute to Hos- eral Government. Over the past 60 I reserve the balance of my time. pitalized Veterans Week. In over 155 VA hos- years, VA volunteers have donated b 1745 pitals across the Nation, we have suffering more than 689 million hours of service veterans who face the physical and mental worth an estimated $12.9 billion. In fis- Mr. RODRIGUEZ. Mr. Speaker, I re- wounds of combat every day. As a veteran cal year 2007, 85,428 active volunteers serve the balance of my time. myself, I understand the real-life sacrifices an contributed a total of more than 11.6 Mr. STEARNS. Mr. Speaker, let me individual does through while on duty. Living million hours of service, equal to 5,574 conclude and extend my thanks to far away from family and loved ones is a sac- full-time employees, worth $218 mil- Chairman FILNER and Ranking Member rifice that hospitalized veterans continue to lion. BUYER for not just bringing this resolu- face every day. Let’s not forget those who have tion to the House floor but also the two As President’s Day approaches, let us not fought for this country in their time of previous bills. These reinforce Con- forget those veterans that are the real-life ex- greatest need. Join me in recognizing gress’ commitment to serving Amer- amples of the courage and service our Nation and paying tribute to the hospitalized ica’s veterans. was founded on. These veterans are our he- veterans. I challenge each and every Mr. Speaker, I yield back the balance roes—and now they need a hero of their own person to go visit their local VA med- of my time. to thank them for their service and sacrifice. ical center and brighten the smile on a GENERAL LEAVE I urge my colleagues to vote in favor of this veteran’s face. Mr. RODRIGUEZ. Mr. Speaker, I ask most dignified and deserving honor for our Mr. Speaker, I reserve the balance of unanimous consent that all Members hospitalized veterans. my time. may have 5 legislative days in which to Mr. MILLER of Florida. Mr. Speaker, I rise Mr. STEARNS. Mr. Speaker, I yield revise and extend their remarks and in- today in strong support of H. Res. 963, sup- myself such time as I might consume. clude extraneous material on H. Res. porting the goals and ideals of National Salute I also rise today in support of H. Res. 963. to Hospitalized Veterans Week. 963, supporting the goals and ideals of The SPEAKER pro tempore. Is there National Salute to Hospitalized Veterans National Salute to Hospitalized Vet- objection to the request of the gen- Week this year is February 11th to 15th, and erans Week, and for other purposes. I tleman from Texas? so it is appropriate that we are here today to would like to thank my colleagues Mr. There was no objection. pay tribute to those who have put their lives RODRIGUEZ and Mr. MILLER of Florida Ms. GINNY BROWN-WAITE of Florida. Mr. on the line for our Nation’s freedom. for sponsoring this timely piece of leg- Speaker, I rise today to speak in support of H. Res. 963 supports the National Salute to islation. the National Salute to Hospitalized Veterans Hospitalized Veterans Program and the pro- The President has designated this Week. gram’s efforts to express appreciation to hos- week, February 11 through 15, as Na- The Department of Veterans Affairs facilities pitalized veterans for their efforts and increase tional Salute to Hospitalized Veterans care for over 98,000 veterans every day. awareness of the importance of Veterans’ Af- Week. This week provides the Amer- The veteran organizations in my district are fairs medical centers throughout the country. ican people the opportunity to thank a extremely active in visiting and volunteering to The resolution also supports the program’s special group of men and women, the help hospitalized veterans being treated in the work to encourage citizens to visit hospitalized more than 98,000 veterans of the United surrounding medical facilities. veterans and volunteer their services. States Armed Forces, who are cared for I would like to recognize the contributions of Mr. Speaker, for centuries our brave service every day by the Department of Vet- our local Veterans of Foreign Wars, American men and women have given their utmost to erans Affairs medical centers, out- Legion, and Disabled American Veterans ensure our liberty here at home. We owe our patient clinics, domicilaries, and nurs- posts, as well as the Korean War Veterans, soldiers an eternal debt of gratitude, and giving homes across this Nation. Vietnam War Veterans, the Polish Legion of ing our support to hospitalized veterans and Mr. Speaker, this resolution specifi- American Veterans and the Brooksville Elks recognizing their service as we are doing cally shows the support of the United Lodge. The efforts of these groups pay tribute today is one important step toward paying that States House of Representatives for the and express the appreciation of a grateful na- debt. National Salute to Hospitalized Vet- tion, not only to hospitalized veterans but to Mr. RODRIGUEZ. Mr. Speaker, I ask erans Program and its efforts to pay every man and woman that has ever worn the my colleagues to unanimously support tribute to and express appreciation for uniform. H. Res. 963, and I yield back the bal- these hospitalized veterans. The resolu- The contributions of volunteers go a long ance of my time. tion also seeks to increase community way, but we in Congress need to reaffirm our The SPEAKER pro tempore. The awareness of the role of VA medical commitment to providing veterans with the fa- question is on the motion offered by centers, and to encourage citizens to cilities they need to get the care they deserve. the gentleman from Texas (Mr. visit hospitalized veterans and become I am pleased to see that in this year’s budg- RODRIGUEZ) that the House suspend the involved as volunteers. The resolution et the President included $120 million for the rules and agree to the resolution, H. also encourages citizens who live near new VA Medical Facility in Orlando, FL, on the Res. 963. a VA hospital or clinic to just take Lake Nona site. This new facility will provide The question was taken. time to visit and thank our veterans acute care, complex specialty care and ad- The SPEAKER pro tempore. In the personally. vanced diagnostic services through a hospital, opinion of the Chair, two-thirds being During my visits with veterans at the an outpatient clinic, a 118-bed nursing home, in the affirmative, the ayes have it. Gainesville, Florida VA Medical Center and a 60-bed domiciliary. Mr. STEARNS. Mr. Speaker, on that and my trip this past year to Ramstein I was also pleased that the President’s I demand the yeas and nays. to visit the troops at the hospital, I budget included funding for the expansion of The yeas and nays were ordered. have also been inspired by the courage the Tampa Polytrauma Rehabilitation Center. The SPEAKER pro tempore. Pursu- and honor that is displayed by these This funding will help to improve the facilities ant to clause 8 of rule XX and the

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2129 Chair’s prior announcement, further localities, nonprofit organizations, busi- So today, as we pass this resolution proceedings on this motion will be nesses, and other entities, and the people of to recognize the importance of Heart postponed. the United States who support ‘‘American Month and Wear Red Day, let us use Heart Month’’ and ‘‘National Wear Red this opportunity to discuss the real f Day’’; (3) recognizes and reaffirms our commit- changes we can make to improve wom- SUPPORTING THE GOALS AND ment to fighting heart disease and stroke by en’s heart health. IDEALS OF AMERICAN HEART promoting awareness about its causes, risks, My colleague, BARBARA CUBIN, and I MONTH AND NATIONAL WEAR and prevention, supporting research, and ex- have introduced H.R. 1014 the HEART RED DAY panding access to medical treatment; and for Women Act. This act takes crucial Mrs. CAPPS. Mr. Speaker, I move to (4) encourages each and every American to steps to address women’s heart health. learn about their own personal risk for heart It ensures that research is stratified by suspend the rules and agree to the reso- disease. lution (H. Res. 972) supporting the gender. In other words, that we recog- The SPEAKER pro tempore. Pursu- goals and ideals of American Heart nize that women need to have research ant to the rule, the gentlewoman from Month and National Wear Red Day. that will take their needs into consid- California (Mrs. CAPPS) and the gentle- The Clerk read the title of the resolu- eration, provides for an educational woman from North Carolina (Mrs. tion. campaign for health professionals, and MYRICK) each will control 20 minutes. The text of the resolution is as fol- expands the very successful The Chair recognizes the gentle- lows: WISEWOMAN program that conducts woman from California. cardiovascular screening for low-in- H. RES. 972 GENERAL LEAVE come women that has been, in the pilot Whereas diseases of the heart are the Na- Mrs. CAPPS. Mr. Speaker, I ask tion’s leading cause of death and stroke is phase, proven very successful in var- the third leading cause of death in both men unanimous consent that all Members ious parts of the country. and women; may have 5 legislative days to revise We had a successful hearing in the Whereas nearly 2,400 American men, and extend their remarks and include Health Subcommittee, and I would like women, and children die of cardiovascular extraneous material on the resolution. to thank the Energy and Commerce disease each day, an average of one death The SPEAKER pro tempore. Is there Committee for working hard to move every 37 seconds; objection to the request of the gentle- this legislation along in, I hope, the Whereas many people do not recognize that woman from California? very near future. heart disease, stroke, and other cardio- There was no objection. Finally, I would like to thank the vascular diseases are the number 1 killer of Mrs. CAPPS. Mr. Speaker, I yield American women, claiming the lives of al- Speaker for suggesting that we encour- most 460,000 American women each year or myself such time as I may consume. age everyone to wear red tomorrow in about one per minute; Mr. Speaker, I am pleased to rise in order that we be even more visible to Whereas we as a Nation have made great support of H. Res. 972 which I am proud all of our colleagues and others on the progress in reducing the death rates for coro- to have introduced with Congress- Hill to continue this very important nary heart disease, but this progress has women FALLIN, SCHAKOWSKY, dialogue. been much more modest in women and mi- MCMORRIS RODGERS, CHRISTENSEN, and Mr. Speaker, I reserve the balance of norities, resulting in cardiovascular disease CUBIN. This diverse group of lead spon- my time. disparities; sors is testament to the importance of Mrs. MYRICK. Mr. Speaker, I thank Whereas many minority women, including African-American, Hispanic, Native-Amer- raising greater awareness about heart the gentlelady, my friend from Cali- ican and some subgroups of Asian-American disease, and especially heart disease in fornia, for all of the hard work she has women, have a greater prevalence of risk women. put into this issue for the last several factors or are at a higher risk of death from The resolution recognizes both Heart years, not just this year. It has been a heart disease, stroke, and other cardio- Month and National Wear Red Day, real passion with her for a long time, vascular diseases, but they are less likely to both of which occur in February. Heart and I thank her for that. know of this risk; Month was first designated 45 years I rise in support of this important Whereas cardiovascular diseases cost the ago and has served as a launching pad resolution because it does raise aware- Nation more than any other cause of death, with direct and indirect costs estimated to to spur advocates into action around ness about heart disease and the effect reach $448.5 billion in the United States in the country. on women, which doesn’t get talked 2008; In my hometown of Santa Barbara, about as much as heart disease in men. Whereas the research is clear that there there will be a Go Red for Women As a breast cancer survivor, I spend a are tools available to prevent heart disease, luncheon in the coming weeks. This lot of time raising awareness about stroke, and other cardiovascular diseases event provides opportunities for women breast cancer and the importance of and to improve survival rates from cardio- to learn more about heart health for preventive screening and effective vascular disease; themselves and also for the role they treatments. Those are vital battles, Whereas Congress, by Joint Resolution approved on December 30, 1963, requested that often play as the health decisionmaker and as a country we have made great the President issue an annual proclamation in their families. strides towards earlier detection of designating February as ‘‘American Heart The importance of community events cancer and less invasive treatments. Month’’; like Go Red for Women lunches cannot But when we are reminded that heart Whereas the National Heart, Lung, and be overstated. Heart disease is the disease is the leading cause of death for Blood Institute of the National Institutes of number one killer of both women and American women, it is a sobering Health, the American Heart Association, and men. But now, in fact, more women thought. I remember being surprised to many other organizations celebrate ‘‘Na- than men die of heart disease each learn that the physical symptoms of tional Wear Red Day’’ during February by year. Unfortunately, there is still an heart attacks in women are often dif- ‘‘going red’’ to increase awareness about heart disease as the leading killer of women; existing knowledge gap both in terms ferent than they are in men. Women and of public awareness and professional are less likely to feel typical chest Whereas every year since 1964 the Presi- awareness. pains during the attacks. Women’s dent has issued a proclamation designating Despite the fact that almost 460,000 symptoms are often characterized by the month of February as ‘‘American Heart American women die of heart disease back pain, nausea, indigestion, dizzi- Month’’: Now, therefore, be it every year, women are still grossly ness, and fatigue. While typical symp- Resolved, That the House of Representa- underrepresented in clinical trials, as toms are hard to recognize, it is impor- tives— one example. The numbers are even tant to be vigilant about heart health. (1) supports the goals and ideals of ‘‘Amer- ican Heart Month’’ and ‘‘National Wear Red worse for minority women who are at Many lifesaving treatments like Day’’; an even greater risk for developing anticlotting drugs and angioplasty (2) commends the efforts of States, terri- heart disease and who have many more work best if given within the first hour tories and possessions of the United States, barriers to accessing care. of a heart attack, so it is important

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2130 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 that we know what is going on with us I, too, am very proud to be a sponsor this is an especially important issue. As a as women. But before you get to that of this legislation. As you know, Feb- Congresswoman, I support funding for medical point, you want to prevent life-threat- ruary is American Heart Month, and research and improved treatment. And I will ening heart attacks the easy way, now is a great time for all of our Mem- continue to advocate for affordable, accessible through lifestyle changes that can bers of Congress, and concerned citi- health care for all. keep heart disease in check. zens in our Nation, to focus on how we However, fighting heart disease is not only The NIH and the FDA have helpful can live healthier lifestyles, to educate a public policy issue. Americans can help pre- guidelines about steps that all Amer- ourselves on what we can do to prevent vent and reduce heart disease and decrease ican women and men can take to im- heart disease and to prevent stroke, the deaths it causes through education and prove heart health. Some tips are as and to live the kind of quality of life lifestyle changes. Adults should learn the easy as talking to your doctor about it, that we all deserve. signs of heart attack and stroke, because and some are as easy as taking a daily I think it has already been men- quick recognition will increase the chance of stroll. tioned that heart disease is the number survival. And we should all make a point to I appreciate the opportunity to speak one killer in the United States, and it live healthier. Eating better, exercising more, on this resolution, and I hope women certainly is a huge problem in the and refraining from smoking are common all across the country will take some State of Oklahoma. Heart disease af- sense lifestyle choices that could save our time to do something good for them- flicts more than one in four Americans, lives. I know how hard it is to make time to eat selves relative to their heart, and to and nearly 80 million in total in our right and get to the gym—but it is worth it. As wear red. Nation. And for many, it is a deadly we celebrate Valentine’s Day and affairs of the Mr. Speaker, I reserve the balance of disease. Heart disease also kills about heart, let us commit ourselves to making that my time. two Americans per minute. effort for improved heart health. Mrs. CAPPS. Mr. Speaker, I reserve And contrary to popular opinion, Mrs. MYRICK. I have no further the balance of my time. heart disease is every bit as dangerous speakers, and I also I yield back the Mrs. MYRICK. Mr. Speaker, I would for women as it is for men. In the last balance of my time. like to yield so much time as she may two decades, more women than men The SPEAKER pro tempore. The consume to the gentlewoman from have died from it. In my home State question is on the motion offered by Tennessee (Mrs. BLACKBURN). alone, almost 20 women a day die from the gentlewoman from California (Mrs. heart-related illnesses. Mrs. BLACKBURN. Mr. Speaker, we CAPPS) that the House suspend the are all joining together to sponsor this Tomorrow, millions of men and women are participating in National rules and agree to the resolution, H. resolution. Before I speak, I want to Res. 972. commend both the gentlelady from Go Red Day. I know I have on black today, and I think all the other ladies The question was taken. California and the gentlelady from The SPEAKER pro tempore. In the North Carolina for the exceptional have on black, but tomorrow we will be wearing our red. I encourage all of our opinion of the Chair, two-thirds being work that they have done on this issue. in the affirmative, the ayes have it. We all are on the Health Sub- colleagues here in Congress to wear their red, as well as those around the Mrs. MYRICK. Mr. Speaker, on that I committee. They have worked dili- demand the yeas and nays. gently on this and have continued in Nation. As we wear red tomorrow, we will re- The yeas and nays were ordered. their efforts to raise awareness on mind those around us of the impor- The SPEAKER pro tempore. Pursu- heart health for women. The resolution tance of fighting this disease. And we ant to clause 8 of rule XX and the is timely. It is something that we hope can fight this disease by starting just Chair’s prior announcement, further tomorrow is going to share the lime- to take some simple precautions: exer- proceedings on this motion will be light a bit with Valentine’s Day as we cising, maintaining healthy eating postponed. raise awareness on the importance of styles, and refraining of course from f heart health for women. habits that are harmful to our health b 1800 It is also something that is impor- like smoking. tant as an educational tool as we each Mr. Speaker, I encourage my col- EXPRESSING SYMPATHIES AND individually, and then all working to- leagues and all Americans to wear red SUPPORT FOR THE INDIVIDUALS gether, continue our outreach efforts tomorrow, and to remember the mil- AND INSTITUTIONS AFFECTED to make certain that women are aware lions of people who suffer with heart BY THE POWERFUL TORNADOS of the signs of the disease, they are disease and to think about what we can THAT STRUCK CERTAIN COMMU- aware of the precautions, and they are do to fight this terrible illness. NITIES ON FEBRUARY 5, 2008 then properly informed of the steps Mrs. CAPPS. Mr. Speaker, I want to that they need to take. Mr. COHEN. Mr. Speaker, I move to commend our colleagues who have spo- suspend the rules and agree to the reso- Again, I commend my colleagues for ken to this important topic, and par- their diligence and work. I appreciate lution (H. Res. 971) expressing the sym- ticularly my good friend and colleague pathies and support of the House of the opportunity to sponsor the legisla- from North Carolina, Mrs. MYRICK, who tion with them. Representatives for the individuals and is symbolizing in her attire what we institutions affected by the powerful Mrs. CAPPS. Mr. Speaker, I continue will all be doing tomorrow, which is to reserve my time. tornados that struck communities in not only Valentine’s Day but Wear Red Alabama, Arkansas, Kentucky, Mis- Mrs. MYRICK. Mr. Speaker, I yield Day during Heart Month, to underscore to the gentlewoman from Oklahoma sissippi, and Tennessee on February 5, the need for all of us to pay attention 2008. (Ms. FALLIN), who is a cosponsor of this to women and heart disease in this resolution, such time as she may con- The Clerk read the title of the resolu- month of February. tion. sume. Mr. Speaker, I yield back the balance The text of the resolution is as fol- Ms. FALLIN. Mr. Speaker, I appre- of my time. lows: ciate both of my fine colleagues here Ms. HIRONO. Mr. Speaker, I rise today in and their sponsorship of this great res- support of H. Res. 972, Supporting the Goals H. RES. 971 olution to honor women and, of course, and Ideals of American Heart Month and Na- Whereas on the evening of Tuesday, Feb- the American Heart Association Go tional Wear Red Day. February is American ruary 5th, 2008, more than 100 tornados dev- Red for Women Month. It is a very im- Heart month, and today, I join women across astated communities in Alabama, Arkansas, portant resolution, and I thank the Kentucky, Mississippi, and Tennessee; the country by wearing red to increase the Whereas more than 50 lives were lost in the gentlewoman from California for her awareness of heart disease as the leading kill- deadliest tornado outbreak in the United leadership in the Women’s Caucus, es- er among women and men. States in more than 20 years; pecially in highlighting women’s Minorities are disproportionately affected by Whereas more than a thousand homes, health. cardiac disease. In a diverse State like Hawaii, schools, and businesses were destroyed and

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2131 tens of thousands of residents of the Mis- near Jackson, Tennessee, where our On the occasion of the day after the sissippi Valley have been left without power; daughter, our two grandchildren and tornados, Congresswoman BLACKBURN Whereas the effect of the storms on Mis- son-in-law live, at a place called Union joined me in Memphis, and we toured sissippi Valley families and businesses is University. President David Dockery around Hickory Hills and met with still being felt; Whereas hundreds of volunteers took time met us there that Thursday morning, some individuals, the mayors of Whar- from their daily lives to help ensure that the and I can only describe the devastation ton and Harrington and other city offi- victims of the storm are sheltered, clothed, to Union, the dorms and so on as hor- cials in Memphis to make sure that the fed, and emotionally comforted through this rendous; and also conclude that it was proper procedures were followed. traumatic event; a miracle that there was no more bod- I talked to the FEMA Director, Mr. Whereas the Federal Emergency Manage- ily injury or loss of life than occurred Paulison, and he assured me, and he’s ment Agency, first responders, the National at Union. followed through on his promise that Guard, and additional emergency personnel But the other thing, other than the FEMA would do all they could to help have coordinated with local authorities and Secretary and the Director of FEMA the residents in Tennessee and in the firefighters and have performed beyond the being there was, in the aftermath of other States as well. call of duty in the preservation and protec- these tragedies like we’ve seen, and I would like to commend President tion of human lives; and Bush for his quick response. He re- Whereas the strength, courage, and deter- this is the fourth tornado that has ba- mination of the citizens of the Mississippi sically hit Jackson, Madison County, sponded to Governor Bredeson’s re- Valley have been evident following the tor- Tennessee since 1999, the outpouring of quest to have Tennessee and other nados: Now, therefore, be it help from friends, neighbors and others areas declared disaster areas, and that Resolved, That the House of Representa- there gives one a great sense of resolve was done. And FEMA is on the ground, tives— and gives one the magnanimous feeling already issuing checks and helping peo- (1) expresses its deepest sympathies to the of the human spirit rising out of the ple. citizens of the States hit by the storms over We’ve seen a great response from the the devastation caused by the powerful tor- ashes of these tremendous natural disasters. Federal Government when it was need- nados that struck their communities on Feb- ed, and we’re looking for more re- ruary 5th, 2008; Let me just make the observation (2) expresses its appreciation to the Fed- that we appreciate the quick response sponse, which we’re working on now, to eral Emergency Management Agency, first of the Federal Government, the State provide to our people throughout that responders, and the others involved in the re- government, all of the FEMA people district. lief effort for their valiant service to those there, but particularly to the friends, I appreciate the gentlelady from affected by the storms; and neighbors and my constituents, of Oklahoma (Ms. FALLIN) indulging me and allowing Mr. TANNER to speak and (3) expresses its support as the citizens of those who were injured, who lost every- these communities continue their efforts to make his important appointment. thing, their houses gone, it is truly a rebuild their community and their lives. Mr. Speaker, I reserve the balance of blessing to see people come together, The SPEAKER pro tempore. Pursu- my time. even under tragic circumstances. ant to the rule, the gentleman from Ms. FALLIN. Mr. Speaker, I yield I want to commend Mr. COHEN for Tennessee (Mr. COHEN) and the gentle- myself such time as I may consume. bringing this. It hit Memphis, also, as I rise today in support of House Reso- woman from Oklahoma (Ms. FALLIN) well as middle Tennessee and the other each will control 20 minutes. lution 971, introduced by Mr. GORDON of States. But let me just simply add my The Chair recognizes the gentleman Tennessee. The resolution expresses congratulations to those who brought from Tennessee. the heartfelt sympathy of the House of this resolution, and my thanks to those GENERAL LEAVE Representatives for the victims of the for the recognition of so many who are Mr. COHEN. Mr. Speaker, I ask unan- devastating tornados that struck com- doing so much at this time to help imous consent that all Members may munities in the States of Alabama, Ar- those who have suffered so much. have 5 legislative days in which to re- kansas, Kentucky, Mississippi and Ten- Mr. COHEN. Mr. Speaker, if I may go nessee. vise and extend their remarks and in- on with my remarks. clude extraneous material on House On February 5, 2008, more than 100 I rise to support House Resolution tornados devastated communities Resolution 971. 971, which is a resolution to express The SPEAKER pro tempore. Is there throughout the Mississippi Valley, re- sympathy and support for the individ- objection to the request of the gen- sulting in the deadliest tornado out- uals and institutions affected by the tleman from Tennessee? break in the United States in 20 years. There was no objection. powerful tornados that swept through The tornados took the lives of 50 peo- Mr. COHEN. Mr. Speaker, if it’s ap- the Southeastern Conference States of ple, injured countless others, and dam- propriate, normally I would yield my- Alabama, Arkansas, Mississippi, Ken- aged or destroyed more than 1,000 self time now, but I would like to yield tucky and Tennessee just over 2 weeks homes. Additionally, the tornados have some time on the front end to Mr. TAN- ago. left tens of thousands of residents in Over 100 tornados landed, they killed NER from Tennessee because he has to the Mississippi Valley without power. be somewhere. So with the indulgence over 50 people, destroyed hundreds of In response to these deadly tornados, of the other side, I would like to first homes, schools and businesses, and left local, State and Federal officials and yield to Mr. TANNER for remarks. thousands of people without power. In emergency personnel responded swiftly Mr. TANNER. Mr. COHEN, I do appre- true American spirit and resolve, hun- to preserve and protect human lives. ciate this courtesy, and I thank the dreds of volunteers cared for the vic- Their selfless actions saved lives and gentlelady from Oklahoma for allowing tims and provided shelter, food and helped their communities in their ef- me to go ahead and speak. clothing. forts to recover from the disaster. Mr. Speaker, I want to commend the I express my heartfelt sympathy to This resolution is a fitting com- Federal response to the tornados that all of our fellow citizens in the wake of mendation of the courage and deter- occurred in Tennessee. I left here early Mother Nature’s wrath, and to com- mination of local citizens, businesses last week and went down to my district mend the men and women who serve and volunteer organizations following in west and middle Tennessee to view, this Nation as first responders, police the disaster. They have shown their with the Governor of our State and officers, firefighters and emergency heroism and compassion for their fel- others, the tremendous damage that medical personnel who place them- low citizens while faced with such de- was done, the loss of life that occurred. selves in great danger every day but struction. And I want to say that the Secretary of did on this day as well to protect us The citizens of the States of Ala- Homeland Security and the Director of and the people that were in harm’s bama, Arkansas, Kentucky, Mississippi FEMA were there as I got there last way. Our neighbors and friends deserve and Tennessee will work hard to re- Thursday morning. our sympathy and prayers, and the build and to make every effort to en- And as we toured in Tennessee, most first responders deserve our deepest sure the recovery of their commu- of the damage that we saw occurred thanks and respect. nities. In recognition of their efforts,

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2132 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 this resolution reaffirms our support as take care of it. They took action and from us that night, and we placed a re- they continue to rebuild their homes said, we’re going to get this done. It newal of our great country and our and their lives. has been a wonderful testament to the States in the wake of this storm. Mr. Speaker, I’d like to extend my volunteer spirit of our great State of Mr. COHEN. Mr. Speaker, I reserve heartfelt sympathy and my prayers to Tennessee. the balance of my time. all those who have been affected by I commend all of those who have Ms. FALLIN. Mr. Speaker, I yield this tragedy and to their families. I served, who have shown up to help and such time as he would consume to the support this resolution and urge my again extend my condolences to those gentleman from Tennessee (Mr. WAMP). colleagues to do the same. who have lost family members and Mr. WAMP. Mr. Speaker, I think Ma- Mr. Speaker, I reserve the balance of have lost the means of their livelihood. hatma Gandhi once said that if all of my time. Mr. COHEN. Mr. Speaker, I yield as the people who profess to be Christians Mr. COHEN. Mr. Speaker, I reserve much time as the gentleman from Pall would act like Jesus, the world would the balance of my time to close. Mall, Tennessee (Mr. LINCOLN DAVIS) be at their feet. And I was reminded of Ms. FALLIN. Mr. Speaker, I yield as needs. that last week, because when we gath- much time as she may consume to the Mr. LINCOLN DAVIS of Tennessee. I ered Sunday morning for the Johnson gentlewoman from Tennessee (Mrs. thank the gentleman from Memphis, Atchley Sunday School class at Red BLACKBURN). and deeply appreciate your manage- Bank Baptist Church where I go, iron- Mrs. BLACKBURN. Mr. Speaker, I ment today of this resolution that we ically the lesson was on witnessing; rise in support of House Resolution 971, are discussing here on the U.S. House and many times people consider ‘‘wit- and appreciate the efforts of Mr. GOR- floor. nessing’’ as sharing the Gospel ver- DON to bring the resolution forward. The tornados and storms and winds bally. But we all know the most power- Mr. Speaker, my colleagues have spo- that recently tore across the South ful witness that anybody can give of ken about being on the ground and see- wrought upon each of our States the their faith and their commitment to ing firsthand the devastation and, of tragedy of loss of lives and families the Lord is in what they do. And, man, course, Congressman TANNER, Con- being separated. By now all of us have did we ever see that again last week in gressman COHEN and I all have counties seen the images of fallen trees and top- Tennessee. that were affected by this. pled homes and, one by one, Ten- I have to tell of the people in Madi- We had nine counties that saw devas- nesseans and other Southerners af- son County who’ve been hit and hit and tation and destruction with the impact fected by this disaster have begun the hit again over the last several years by of this EF–4 tornado. We had Shelby seemingly impossible task of piecing tornados because one of the students at County, Fayette, McNairy, Hardin, their lives together, clearing wreckage, Union University, who was hurt very Hickman, Perry, Wayne, Williamson, mourning the lost, and recovering badly, is David Wilson, who happens to Montgomery County. Each saw devas- whatever the storm failed to claim. be a very, very close friend of my fam- tation, destruction of property and loss Our planet, for all its blessings, ily. His parents are two of my wife’s of life. chooses indiscriminately at times to and my best friends, and he cotaught Mr. Speaker, indeed, we extend our affront our shores, plains, valleys and that Sunday school class with me at condolences to those families who have farmlands with terrible acts. I’m proud Red Bank Baptist Church for a number lost their lives, and to their loved ones to say, though, as we face the worst of of years. His son was transported today who have seen that loss of life. And we the forces we cannot control, we con- from the hospital in Madison County also extend our condolences to those tinue to see the best of the humani- across the street to Erlanger Hospital families who have lost their livelihood tarian spirit that is very much within in Chattanooga where he will be con- because, indeed, as has been stated, the our power to command. tinuing in recovery. But he was hurt destruction is unimaginable. In this time of need, volunteer asso- critically, and he was underneath the I have a poster right here from Sun- ciations from the United Way to the rubble for 4 hours with other students day afternoon when we were in Hardin Red Cross helped bring aid and comfort at Union University. County at Sharon Baptist Church, to the affected. Within days of the tor- I have got to tell you, the experience which was a wonderful church and nados’ passing, the Red Cross alone that the family saw there was a wit- school. It was completely obliterated. helped provide shelter, comfort and ness of their faith and their goodness. All six buildings on the campus of that over 44,000 meals with the help of near- They not only had the basics of water church were obliterated. ly 1,600 Red Cross staff and volunteers and food and shelter, they found a And while you see the destruction in Tennessee alone. home and they took care of them, but that is just unimaginable, what you Our local sheriff’s departments and they went and got him eyeglasses and also see is the rising of the human spir- volunteer fire departments, neighbors, met every single need, and they made it and neighbors who are reaching out friends, those from the farm next door sure he was flown back to the hospital to help. I asked Dr. Spencer, who pas- or the neighbor next door that may not at home today and met every single tors that church, what next? How do have lost their home gathered together need. And that’s how people express they move forward? Because they had to offer a shoulder of condolence, hope their love for God is by sharing what nothing left. They had a hymnal that for the future, and concern and com- they have with others, especially in a was found two counties over, but other passion for those affected. time of need. than that, nothing left. Tennesseans are good people. And, And he said, well, tomorrow morning b 1815 man, when folks are hurting, every- we start to rebuild. And tomorrow It was not long ago that the people of body comes to help. We saw it again in morning we’re going to be pulling out New Orleans endured the worst of what Madison County. And on behalf of the the scrap metal, and we’re going to be can happen when we fail to act. And in Wilson family, I want to say from the moving the rubble to the street. And the wake of the storms in Tennessee other end of the State, thank you to tomorrow morning is a new day. And and the South, we have shown that we the good people of that entire area that is the spirit that we see of individ- will never commit the sin of inaction where the tornados hit yet again. uals pitching in, neighbors coming to again. This week and last, we have Thank you to Union University for help. shown there is no tornado so powerful, meeting every need. Thank God none of Now they’ve also been so well sup- no storm so terrible that the winds of the students died. ported by FEMA, by Director Paulison, compassion cannot restore and repair David Wilson has got a long, long by TEMA, and the team that is on the any damage brought upon us. road back to stand and walk again. We ground, by our State and local elected We rise today to honor the losses of pray for the Wilsons. We pray for officials who didn’t sit around and wait those affected, to grieve for those who David. We pray and thank God for all for someone to say they’re coming to were so callously and abruptly taken the people who helped at this time of

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2133 need. Just appreciate the goodness of of the deadliest storms in the past 20 years. port of this request. I hope that this appeal for the people of Tennessee who came out In total, over 50 individuals passed away in help will be answered expeditiously. and helped in so many ways and all of five states across the Southeast and more Mr. Speaker, I also would like to offer my those professionals that were there, it than a thousand homes, schools, and busi- appreciation and gratitude to all the first re- has been said. nesses were destroyed. sponders who acted bravely and swiftly to And thanks to this delegation for It is with a heavy heart that I remember help minimize the effects of these storms. pulling together yet again. And for the those from my community who passed, mem- Without their heroism, there could have been people who were hurt in other States bers of the Coleman family of Aldridge Grove, far more human suffering that would have and affected and for loss of life, our including Gregory, Rebekah, and Gereck; taken place. prayers went up. This is really what Linda Tinker of Pisgah; and Faye Nell My thoughts and prayers are with the fami- it’s all about is people being there, be- McCullough of Moulton. Thirty-five individuals lies and friends of those who lost their lives, cause that’s really all we are here for is in north Alabama were also injured, and hun- and I hope that all Americans affected by this to love God and to serve others. dreds of homes were either damaged or com- event will soon be able to get their lives back Ms. FALLIN. Mr. Speaker, I would pletely destroyed by the storm. in order. like to inquire of Congressman COHEN On the Thursday following the storm, I Mr. OBERSTAR. Mr. Speaker, I rise in if he has got any more speakers. joined Alabama Governor Bob Riley to tour strong support of H. Res. 971, a resolution to Mr. COHEN. Mr. Speaker, no. the affected areas, and Mr. Speaker, this re- express sympathy for the victims of the tor- Ms. FALLIN. Mr. Speaker, I yield gion has a long road to recovery. nados that struck Alabama, Arkansas, Ken- back the balance of my time. Mr. Speaker, I also rise to thank north Ala- tucky, Mississippi, and Tennessee. Mr. COHEN. Mr. Speaker, I want to bama’s first responders and State and local On the evening of February 5th, 2008, more thank the gentlelady from Oklahoma emergency management officials for their work than 100 tornados devastated communities in for her management and Mr. WAMP, throughout the storm and its aftermath. Addi- Alabama, Arkansas, Kentucky, Mississippi, Mrs. BLACKBURN, Mr. DAVIS who spoke, tionally, I would like to recognize the people of and Tennessee and provided us yet another and Mr. GORDON and Mr. OBERSTAR who north Alabama, who are once again opening reminder of the horrific impacts of natural dis- provided statements. up their hearts and working hard to support asters. I express my heartfelt sympathy to Abraham Lincoln was a great sup- the storm victims. I continue to be amazed by those who have suffered significant losses as porter of government and knew that the outpouring of sympathy our community ex- a result of these terrible storms, especially to government could do things for people hibits during times of tragedy. These were those who suffered the ultimate loss—the loss in need and was an important instru- scenes that I know were similar in commu- of a loved one. ment of good in society. Abraham Lin- nities across the Southeast and I’m proud we I also rise once again, as I did in May of last coln might have best expressed it. In a recognize these men and women tonight. year in the wake of devastating fires in my dis- crisis like this, we realize how impor- As we know, damages caused by tornados trict, and again in August of last year after the tant government can be when first re- are unpredictable. Some families’ homes can tragic bridge failure in Minneapolis, to com- sponders come to the rescue and do be lost completely, while their neighbors’ mend the men and women who serve this na- jobs of heroic proportion. homes go relatively untouched. We owe it to tion as police officers, firefighters, and emer- Too many times when we are not those affected to do everything that we can to gency medical personnel, placing themselves faced with tragedies and catastrophic help them pick up the pieces. We must help in great danger every day in order to protect events, we don’t reflect on the impor- them rebuild their homes, repair their commu- each one of us. tance of government. And government nity’s infrastructure, and move on with their Twenty-four hours a day, every day of the is the policeman on the street. And it’s lives. year, all over this country, when any type of the paramedic, and it’s the firefighter. I encourage my colleagues to support this tragedy enters our lives, from a medical emer- And it shouldn’t just be on 9/11 or on resolution and help these communities re- gency facing a neighbor to a large-scale nat- days when you think about 9/11 or tor- cover. ural disaster, terrorist attack, or other incident, nados you think about these people. Mr. WHITFIELD. Mr. Speaker, I rise today in our Nation’s emergency responders and chari- But they are government, and they support of this resolution and to offer my most table organizations are the first on the scene show government works, and they show heartfelt sympathy for all Americans who were to provide professional services, expert help, government worked in this particular affected by the tornadoes and other violent aid, and comfort. These well-trained, highly situation. It’s still working as FEMA’s weather systems that hit the Delta region skilled individuals are truly on the front lines in helping people get compensation for States including my State, Kentucky, on Feb- preparing for, responding to, and mitigating their losses and seeing they have habit- ruary 5th and 6th. damages from a variety of hazards. able places to live in and that the In the First Congressional District of Ken- Disasters such as the devastating tornadoes Small Business Administration is help- tucky, seven individuals tragically lost their that hit just last week demonstrate the counting get businesses started. lives and many more were injured or dis- less selfless acts of our Nation’s charitable or- Indeed, as Mr. WAMP and others said, placed. As with any major weather event, ganizations and our Nation’s rust responders. it’s the volunteer spirit that was shown there also was significant damage to public These first responders deserve our deepest by people in Tennessee and Alabama and private property, as well as power, water, thanks and respect. and Arkansas and throughout the and communications outages. In total, this I strongly support this resolution and urge its South. They showed their care for their storm claimed more than 50 lives across the passage. neighbors. There were people from Nation and thousands of other Americans’ Mr. GORDON of Tennessee. Mr. Speaker, I Georgia and the Red Cross who came lives were dramatically changed in one of the rise today in support of H. Res. 971. into Memphis to help people there. deadliest tornado outbreaks in decades. My home State is known as the Volunteer I want to thank everybody who’s Sadly, we are all too familiar with the trag- State, and over the last 8 days, the people of helped all of the victims and thank Mr. edy and sorrow that takes place when major Tennessee have proven why we wear that GORDON for being the proud sponsor on catastrophic events occur. I had the oppor- nickname so proudly. When I visited with my this resolution. tunity to travel to my District shortly after the neighbors in Macon, Sumner and Trousdale Mr. Speaker, I would ask that every- storms hit, and I was able to speak with many counties after the storm, the devastation was body join in voting for the passage of Kentuckians and see firsthand the devastation. unimaginable. In many instances homes and this resolution. While it was heartbreaking to see, I was en- businesses weren’t just knocked down; they Mr. CRAMER. Mr. Speaker, I rise today to couraged by the sense of community and civic were completely gone. People were hurting. honor the victims of the February 6, 2008, tor- responsibility we Americans have. But, these But you could not spend time with them nados in Lawrence and Jackson Counties, folks cannot go at this alone, without recognizing how strong the community Alabama. Governor Steve Beshear recently sent a let- is. And I saw it again and again last week. In Today, I stand with my colleagues from Ar- ter to President Bush requesting a Federal the worst of circumstances, friends, neighbors, kansas, Kentucky, Mississippi, and Tennessee disaster declaration and my colleagues and I complete strangers all banded together to help to express our sympathy to the victims of one in the Kentucky delegation sent a letter in sup- those who are hurting right now. As many of

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 9920 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2134 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 you watched the news last week you no doubt leagues on the Transportation and Infrastruc- I delegated to the Secretary of the learned that, while Tennessee took the hard- ture Committee for their leadership on this res- Treasury the authority to take such est hit, this was not something exclusive to us. olution. It is our hope that the rebuilding effort actions, after consultation with the People in Alabama, Arkansas, Kentucky, Mis- will soon begin, communities will be repaired Secretary of State, including the pro- sissippi, and Indiana also put their lives on and that families will begin to heal and return mulgation of rules and regulations, and hold to help their neighbors recover. to normalcy. to employ all powers granted to the While we can rebuild our communities, we I encourage my colleagues to support this President by IEEPA as may be nec- cannot replace human lives. Today I rise to re- resolution. essary to carry out the purposes of my member the 13 lives lost in Macon County, the Mr. COHEN. Mr. Speaker, I yield order. 7 in Sumner, the 2 in Trousdale. I also want back the balance of my time. I wish to emphasize, as well, my on- to honor the First Responders and the volun- The SPEAKER pro tempore (Mr. going concern over the destabilizing teers who have treated the injured and who WALZ of Minnesota). The question is on role Syria continues to play in Leb- the motion offered by the gentleman are working so hard to put our communities anon, including its efforts to obstruct, from Tennessee (Mr. COHEN) that the back together. It’s going to take some time, through intimidation and violence, House suspend the rules and agree to but we’re going to get there. And I want to Lebanon’s democratic processes. the resolution, H. Res. 971. thank President Bush and Governor Bredesen The question was taken; and (two- I am enclosing a copy of the Execu- for acting so quickly to get help to our commu- thirds being in the affirmative) the tive Order I have issued. nities. rules were suspended and the resolu- GEORGE W. BUSH. THE WHITE HOUSE, February 13, 2008. I thank my colleagues for their support last tion was agreed to. week and their continued support throughout A motion to reconsider was laid on f the recovery process. As the President accu- the table. FARM BILL MUST NOT REDUCE rately stated a week ago, at times like these, f FOOD STAMP BENEFITS ‘‘Prayers can help and so can the government.’’ In Middle Tennessee and throughout BLOCKING PROPERTY OF ADDI- (Mr. MCGOVERN asked and was the South, we will continue to need those TIONAL PERSONS IN CONNEC- given permission to address the House prayers and need the President’s help as we TION WITH THE NATIONAL for 1 minute and to revise and extend work to rebuild the lives and communities af- EMERGENCY WITH RESPECT TO his remarks.) fected by these storms. SYRIA—MESSAGE FROM THE Mr. MCGOVERN. Mr. Speaker, last The national cameras are gone and the de- PRESIDENT OF THE UNITED year the House did its job and passed a bris is being removed, but we still have a lot STATES (H. DOC. NO. 110–95) fully funded farm bill with important of work ahead of us. The SPEAKER pro tempore laid be- improvements in the food stamp and Mr. THOMPSON of Mississippi. Mr. Speak- fore the House the following message TEFAP programs. The Senate, unfortu- er, I rise in support of H. Res. 971, Expressing from the President of the United nately, was not so responsible. the sympathies and support of the House of States; which was read and, together Now that the farm bill negotiations Representatives for the individuals and institu- with the accompanying papers, without are under way, we hear that reducing tions affected by the powerful tornados that objection, referred to the Committee funding for food stamps and food banks struck communities in Alabama, Arkansas, on Foreign Affairs and ordered to be is on the table. Kentucky, Mississippi, and Tennessee on Feb- printed: Mr. Speaker, this farm bill should not be negotiated on the backs of the ruary 5th, 2008. Our thoughts and prayers are To the Congress of the United States: with all of the families that have experienced Pursuant to the International Emer- hungry. Feeding hungry people is never the loss of loved ones caused by these tor- gency Economic Powers Act, as amend- wrong, but taking food out of their nados. This resolution is important, as it com- ed (50 U.S.C. 1701 et seq.) (IEEPA), I mouths is, and that’s what a reduction municates to those affected that Congress is hereby report that I have issued an Ex- in the House-passed domestic nutrition here to do all that it can to help rebuild and ecutive Order taking additional steps title would do. restore our damaged communities. with respect to the Government of Syr- Mr. Speaker, we must draw a line in While my district was not affected this time ia’s continued engagement in certain the sand and say enough is enough. by the tornados on February 5, other commu- conduct that formed the basis for the House farm bill negotiators must stand nities throughout the State of Mississippi were. national emergency declared in Execu- up to the Senate and say, ‘‘Not this And as you know, my State has been no tive Order 13338 of May 11, 2004, includ- time.’’ stranger to experiencing disasters. In fact, we ing but not limited to its efforts to un- The recently passed stimulus pack- are still recovering from the damage caused dermine the stabilization and recon- age does not include food stamp provi- by Hurricane Katrina and empathize with what struction of Iraq. sions, even though economists across the affected communities are experiencing. This order will block the property the political spectrum agree that food We know that after a disaster has occurred, and interests in property of persons de- stamps are one of the best ways to the recovery and rebuilding effort of our com- termined by the Secretary of the stimulate the economy. munities takes time. And when Federal, State Treasury, after consultation with the And now food stamps may be cut and local governments work efficiently and ef- Secretary of State, to be responsible below the House-passed levels? We can fectively to provide resources to our commu- for, to have engaged in, to have facili- and must do better. nities in a timely fashion, the rebuilding effort tated, or to have secured improper ad- I submit for the RECORD a letter moves along more smoothly. vantage as a result of, public corrup- signed by 153 Democrats to the chair- As the chairman of the committee with over- tion by senior officials within the Gov- man of the Agriculture Committee urg- sight of the Department of Homeland Security, ernment of Syria. The order also re- ing him to hold the line and insist on DHS, of which FEMA is a part, our committee vises a provision in Executive Order the House-passed nutrition title in his works diligently to ensure that DHS is pre- 13338 to block the property and inter- negotiations. pared to respond to all disasters—whether ests in property of persons determined JANUARY 30, 2008. they be natural disaster or acts of terrorism. by the Secretary of the Treasury, after Hon. COLIN C. PETERSON, As communities are working hard to recover consultation with the Secretary of Chairman, Committee on Agriculture, Long- from the damage caused by the tornados, the State, to be responsible for or other- worth House Office Building, Washington, committee will closely monitor the responsive- wise significantly contributing to ac- DC. ness of FEMA and ensure that the commu- tions or decisions of the Government of DEAR CHAIRMAN PETERSON: We want to thank you and the Members of the Agri- nities affected will receive the assistance that Syria that have the purpose or effect of culture Committee for your hard work on they need to rebuild housing, public facilities undermining efforts to stabilize Iraq or H.R. 2419, the Farm, Nutrition and Bioenergy and critical infrastructure. of allowing the use of Syrian territory Act of 2007. We appreciate how well you bal- In closing, let me thank my colleague Rep- or facilities to undermine efforts to anced the needs of farmers and consumers in resentative BART GORDON along with my col- stabilize Iraq. the legislation. One of the key reasons for

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2135 our support for the bill is the inclusion of a Arcuri, Mike; Tauscher, Ellen; Jeffer- in America that are patriotic and they strong nutrition title that addresses the son, William; Wu, David; Sutton, want to help our Nation fight against needs of the tens of millions of Americans, Betty; Frank, Barney. those who would do us harm. But amaz- including many children and working fami- Davis, Danny; Allen, Tom; Cuellar, ingly, Mr. Speaker, they feel that they lies, who struggle against hunger by invest- Henry; Gonzalez, Charles; Carnahan, ing in and strengthening the Food Stamp Russ; Christensen, Donna; Waters, can’t. And why? They believe that if Program. This bill also provides needed long- Maxine; Guitierez, Luis; Clarke, they do, they will be sued. That is term support to our nation’s food banks. Yvette; Hinchey, Maurice; Serrano, right, Mr. Speaker. Companies in As you know, hunger is getting worse in Jose; DeFazio, Peter; Hirono, Mazie; America believe, and have been given America while the costs of food, housing and Ryan, Tim; Clay, William Lacy; counsel by their attorneys, that if they utilities are rising. We have a responsibility Schakowsky, Jan; McNulty, Mike; help the United States Government as- to help low- and middle-income families as Weiner, Anthony; Brown, Corrine; Ber- sist in making our Nation safer, they they face these challenges. The Farm Bill is man, Howard; Jones, Stephanie Tubbs; will be sued. The threat of trial law- a safety net that protects people from going Doyle, Mike; Butterfield, G.K.; Olver, hungry; it represents one of the single most John; Michaud, Michael; Courtney, yers are preventing our Nation from important opportunities we have this year to Joe; Davis, Susan; Levin, Sander; Mat- protecting itself. address the needs of disadvantaged children, sui, Doris; Yarmuth, John; Murphy, Outrageous you say? So do I. So do I. struggling working families, seniors and peo- Chris; Fattah, Chaka; Jackson, Jesse; If Congress doesn’t act this week, ple with disabilities in ‘‘ our communities. Slaughter, Louise; Doggett, Lloyd; this week, critical tools that allow our We will be doing a disservice to anyone who Schiff, Adam; Stark, Pete; Loebsack, intelligence officers to monitor ter- must rely on these programs if we acquiesce Dave; Lynch, Stephen; Langevin, Jim; rorist communications overseas will to provisions that ultimately deny hungry Oberstar, James; Rush, Bobby; Meek, expire. Yesterday, the Senate approved Americans food in their time of need. Kendrick. New investments in the nutrition title are Rothman, Steven; Berkley, Shelly; Mil- a bipartisan bill, a bipartisan bill by a long overdue. The average food stamp ben- ler, Brad; Wynn, Al; Kaptur, Marcy; vote of 68–29, to close the terrorist efit is a mere $1 a person a meal. The $10 Lowey, Nita; Welch, Peter; Thompson, loophole in our intelligence law. The minimum benefit has been stuck at the same Bennie; Farr, Sam; Hinojosa, Ruben; Senate bill represents a remarkable level for 30 years. The $2,000 limit on assets Sestak, Joe; Udall, Tom; Engel, Elliot; compromise between Congress and the for most food stamp households has not McCollum, Betty; Norton, Eleanor administration. changed in two decades. And the shortfall in Holmes; Cummings, Elijah; Wilson, It rightly restores the original intent TEFAP commodities purchases is leaving Charles; Pastor, Ed; Ortiz, Solomon; of the Foreign Intelligence Surveil- many food bank shelves empty. It is vital Murphy, Patrick; Miller, George; that the conference agreement secure perma- Delahunt, William; Sanchez, Linda; lance Act, FISA, by ensuring that in- nent funding at no less than the House- Sires, Albio; Larson, John; Baldwin, telligence officials can conduct surveil- passed levels for the food stamp and TEFAP Tammy; Reyes, Silvestre; Wexler, Rob- lance on foreign targets without a programs, and we strongly urge to include ert; Watson, Diane; Hodes, Paul; court order while still protecting the these improvements in the conference re- Honda, Michael; Velazquez, Nydia; civil liberties of the American people. port. Braley, Bruce; Price, David; Cardoza, It also grants liability protection to We commend you for the important im- Dennis; Napolitano, Grace; Larsen, telecommunication companies that provements included in the nutrition title of Rick; Inslee, Jay; Pallone, Frank; Din- helped our government after Sep- the House-passed bill. While there are also gell, John; McNerny, Jerry; Tsongas, many improvements in the nutrition title of Niki; Scott, Bobby. tember 11. Allowing these companies to the Senate-passed bill, there is a profound Cohen, Steve; Gillibrand, Kirsten; Van be subject to frivolous lawsuits threat- and very troubling difference between the Hollen, Chris; Murtha, John; Andrews, ens their cooperation in the future and House and Senate nutrition titles. The House Rob; Cleaver, Emanuel; Brady, Robert; would cripple America’s counterterror- bill would make these provisions permanent Conyers, John; Sanchez, Loretta; Sher- ism efforts. This, unfortunately, Mr. law while, under the Senate bill, all the man, Brad; Roybal-Allard, Lucille; Speaker, appears to be what the House major benefit improvements would termi- Costello, Jerry; Lofgren, Zoe; Walz, Democrat majority desires. nate after 2012. Simply, this means that Tim; Sarbanes, John; Hooley, Darlene; Every American will become exposed these important policy improvements would Bishop, Sanford; DeGette, Diana; Hall, return to today’s law, resulting in a major John; Holt, Rush; Bishop, Tim Payne, to greater threats. Every American: reduction in benefits to more than 10 million Donald Pascrell, Bill Eshoo, Anna Hig- moms, dads, sons, daughters. Every recipients. Should these improvements sun- gins, Brian McCarthy, Carolyn; Davis, single American is exposed to greater set in 2013 and return to the 2008 levels, more Artur; Schwartz, Allyson; Shuler, threats because this majority refuses than 300,000 low-income people would be cut Heath; Costa, Jim; Castor, Kathy; Wax- to consider a long-term solution to the off from food stamps altogether. We should man, Henry. problems facing our intelligence com- be working to end hunger in America. We f munity. think you would agree that a final con- I haven’t read, Mr. Speaker, that ter- ference agreement that sunsets and SPECIAL ORDERS rorists have placed an expiration date underfunds improvements in the nutrition The SPEAKER pro tempore. Under title would be unacceptable. on their plots to destroy our way of Again, we thank you for your commitment the Speaker’s announced policy of Jan- life. Congress shouldn’t put an expira- to the issues surrounding the people in our uary 18, 2007, and under a previous tion date on our intelligence commu- country who rely on programs like Food order of the House, the following Mem- nity’s ability to protect our Nation. Stamps and TEFAP. We strongly urge the bers will be recognized for 5 minutes This bill expires this week. We must conference report to include permanent each. act. Mr. Speaker, elections have con- funding at no less than the House-passed lev- f sequences, and it appears that the els for the food stamp and TEFAP programs. We look forward to working with you to REJECT ANOTHER SHORT-TERM Democrat left majority now in charge maintain all of the critical improvements in EXTENSION TO THE PROTECT is beholden to trial lawyers. I just these programs in the final Farm Bill. AMERICA ACT didn’t think that they would put those Sincerely, trial lawyers ahead of national secu- McGovern, James; DeLauro, Rosa; Wool- The SPEAKER pro tempore. Under a rity. sey, Lynn; Lee, Barbara; Solis, Hilda; previous order of the House, the gen- Mr. Speaker, this is a sad day. I can Kilpatrick, Carolyn Cheeks; Moore, tleman from Georgia (Mr. PRICE) is rec- only hope that the American people are Dennis; Green, Al; Lewis, John; Filner, ognized for 5 minutes. paying attention. Bob; Moore, Gwen; Crowley, Joe; Neal, Mr. PRICE of Georgia. Mr. Speaker, I Richard; Grijalva, Raul; Maloney, hadn’t planned on coming down here f Carolyn; Kildee, Dale; Nadler, Jerry; tonight, but this is a sad and dis- Jackson-Lee, Sheila; Kennedy, Patrick; b 1830 tressing day for this House of Rep- Markey, Ed; Ellison, Keith; Capps, IRAQ NUMBER 250 Lois; Towns, Ed; McDermott, Jim; resentatives. Watt, Mel; Johnson, Hank; Becerra, Mr. Speaker, I suspect you know, The SPEAKER pro tempore (Mr. Xavier; Hare, Phil; Shea-Porter, Carol; some may not, but there are companies WALZ of Minnesota). Under a previous

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2136 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 order of the House, the gentlewoman begin after U.S. forces rolled in. Since national HACCP Alliance. Throughout from California (Ms. WOOLSEY) is rec- electricity and water and basic services her career, she has highlighted the im- ognized for 5 minutes. have been on the fritz. Since whole portance of information and education Ms. WOOLSEY. Mr. Speaker, this is a neighborhoods have become wandering of the meat industry to improve stand- moment that I had hoped would never refugees. Many have never known the ards, efficiency, and quality. come. I am rising for the 250th time to cultural gems of their own country. Rosemary will be retiring very soon, oppose the occupation of Iraq. It’s a This cannot bode well for the region. but if I know Rosemary, retirement for sad task, because 250 times means that Secretary of State Rice has admitted her won’t mean just quietly fading into the occupation has dragged on and on that the Taliban is resurgent in Af- the sunset. She is going to be active, nearly 5 years. ghanistan. And the report of the Con- probably still in the association, and in I had hoped that my first speech gressional Commission on the National the industries. would be my last, or my 50th or even Guard and Reserves found that there is I had the opportunity to get to know my 100th, but the administration con- an ‘‘appalling gap’’ in our ability to de- Rosemary about 10 or 12 years ago tinued to follow its blind and destruc- fend the homeland because of Guard when we, in the House Ag sub- tive path year after year. As the saying and Reserve redeployments to Iraq. committee of appropriations were pass- goes, ‘‘All that is necessary for evil to Meanwhile, we are squandering $12 ing the HACCP law. At that time we triumph is that good people do noth- billion per month on the occupation were moving from visual carcass-to- ing.’’ while our economy slides into recession carcass inspection of meat and poultry So, to be sure, I have raised my voice and the American people face the loss to microbial testing, taking this to the time and time again on this floor to of their jobs, their health care, and modern technology. Rosemary knew so protest the administration’s folly and their homes. Let’s be clear, Mr. Speak- many people in the industry, and there hold it accountable for its reckless ac- er, the main reason we are in this re- was a lot of controversy, but she was tions and its reckless policies. cession is because of the senseless and able to get the people together to come The American people have raised unending occupation of Iraq. up with the right compromises and the their voices, also, Mr. Speaker. They And our brave men and women in right push at the right time to get the have said that they want an end to this uniform, what about them? They’re thing from floundering. occupation and a responsible redeploy- paying a very high price for this occu- She also was very active at a time ment of our troops. But our leaders in pation. Every day, five U.S. soldiers when there was some Salmonella and the White House, who first turned a try to commit suicide because the fre- E. coli issues that had threatened to deaf ear to the people of the world quency of deployment has put tremen- close down the industry and push when they invaded Iraq, continue to dous stress on them and their families. through, I think, very aggressive man- turn a deaf ear to their very own peo- This is simply unacceptable and a na- datory recall authority for the Sec- ple in the United States of America. tional disgrace if we do not act to re- retary of Agriculture. Rosemary bro- What makes this occasion even sad- verse this trend. kered some ‘‘peace in the valley,’’ you der for me is that I will have to rise Mr. Speaker, I will be back on this might say. many more times before the occupa- floor talking about this some more, but She’s got the kind of enthusiasm tion ends because the administration this is my 250th time, and I want you that can only be called ‘‘contagious.’’ I has made it absolutely clear that it to know, it’s time that this occupation met her through a man who is a sau- will continue its occupation right to be over. sage manufacturer in San Francisco the bitter end of its term in office. f named Al Piccetti, and the Piccetti And I fear that the occupation may family has also become friends of mine. go on long after that. A leading Repub- RECOGNIZING THE ACHIEVEMENTS And it seems like birds of a feather lican Presidential candidate said that OF ROSEMARY MUCKLOW flock together. Rosemary’s friends are he has no problem with the occupation The SPEAKER pro tempore. Under a good people. They have invited Libby lasting 100 years. No problem. And this previous order of the House, the gen- and me to go visit them out in San same candidate said the other day, and tleman from Georgia (Mr. KINGSTON) is Francisco, and we had a very nice time I quote, ‘‘There’s going to be other recognized for 5 minutes. dealing with them. All the hospitality wars.’’ This is exactly the kind of Mr. KINGSTON. Mr. Speaker, today I I would say that they have given us ‘‘shoot-first, ask-questions-later’’ rise to recognize the achievements of a over the years and the friendship, those thinking that got us into trouble in friend of mine, Rosemary Mucklow. kind of relationships that in this busi- Iraq in the first place. Rosemary is the long-standing execu- ness are rare to find. I will say this, I Fortunately, the Democratic Presi- tive director of the National Meat As- have no idea what Ms. Mucklow’s poli- dential candidates have a different sociation and has been somewhat of a tics are, if she’s Democrat or Repub- mindset, a mindset that uses diplo- legend in the meat and food business. lican. In fact, the last time she was in macy and international cooperation to Her dedication to the industry is evi- Washington, she really prefers, for solve problems, not war. But the cur- dent by her business achievements, some reason, the west coast, but the rent administration is working hard to there are so many of them. last time she was here she said, Jack, tie the hands of the very next Presi- Rosemary was born in Scotland and I don’t need to see you, I’m going to go dent. It’s negotiating to establish per- went to work at the Ministry of Agri- see Chairwoman ROSA DELAURO be- manent bases in Iraq. And it is plan- culture and Fisheries for the British cause that’s where the action is now. ning to keep troop levels absolutely as Government before being hired as a And she said that with a twinkle and a high as possible. secretary at the Pacific Coast Meat As- smile, and then she went up to go see Remember all the sweet talk, Mr. sociation, which was later named the ROSA. But she has that kind of good Speaker, last September about possible Western States Meat Association, and will that she can deal with both sides troop cuts? It was an absolute sham. then renamed the National Meat Asso- of the aisle and get the argument off And what are we getting for the trag- ciation. politics into what is best for the Amer- edy of Iraq? Are we any safer? Abso- In 1996, Rosemary received the E. ican food consumer. What’s best for the lutely not. In fact, the director of Na- Floyd Forbes award from the Meat As- industry and the consumer has always tional Intelligence has warned that al sociation for her outstanding service. been her goal. Qaeda is getting stronger in its cozy She was honored again in 2002 by the I will say I don’t even know what safe haven in Pakistan, and that they American Meat Science Association for kind of activities she does on a per- are busy training more and more her ‘‘commonsense leadership.’’ She sonal level, but I know this, that what- operatives. served on the National Advisory Com- ever she is doing right now, she’s doing A whole new generation is growing mittee on Meat and Poultry Inspection it with a smile and a lot of fun and in- up in occupied Iraq. Their memories and was the vice president of the Inter- volving a lot of people.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2137 She’s the kind of lobbyist or industry lated to the meat industry before coming to go through lots of history and big files that advocate that keeps a good reputation the United States in 1959. She earned her have accumulated over the years, and prob- for the industry that she represents be- Bachelor of Arts, majoring in Accounting at ably to do a little writing about the changes cause she doesn’t cut corners, she Golden Gate University, graduating in 1970. we’ve already seen, and what might lie She resides in a cottage with a panoramic ahead. doesn’t do political things, she doesn’t view of the Golden Gate and surrounded by a How about a short history lesson? How and think in terms of backroom deals or woodsy rose garden in Berkeley, California when did you get started in the trade asso- power moves or anything like that, she with two feline companions. ciation business? A little background on wants to do what’s fair and what’s just ‘‘why,’’ too for the American people, and has a JOLLEY: FIVE MINUTES WITH ROSEMARY I was hired by then Pacific Coast Meat broad picture far beyond her job or her MUCKLOW, RET., NMA Jobbers Association on February 1, 1961 as industry or her association. Rosemary Mucklow is really going to re- the secretary in a two-person office. Our We’re going to miss her kind of lead- tire this time, No kidding. Ms. Mucklow, the major focus was collective bargaining on be- ership, but I do hope that in her retire- long-standing Executive Director of the Na- half of Bay Area meat jobbers and processors. There were a couple of changes in the ment she does not become a stranger. tional Meat Association and a legend in the meat business, took a first stab at retire- man that I worked for that year, and we got With that, I want to say thank you, ment several years ago. It didn’t take. After through labor negotiations, and by early 1962 Rosemary Mucklow, for your many several fruitless months of searching for her I had a new boss who was a lawyer and ac- years of advocacy for the American replacement, the National Meat Associa- countant. After the 1964 negotiations, he told food consumer and for the industry. tion’s board of directors threw in the towel me I was not good as a secretary, and why ROSEMARY MUCKLOW, EXECUTIVE DIRECTOR, and asked her to stay on a bit longer. did I not go back to school and get educated, NATIONAL MEAT ASSOCIATION, OAKLAND, CA Her second retirement announcement, so I went to Golden Gate University and after five years received my BA in Account- Rosemary Mucklow is Director Emeritus issued just a few weeks ago, included a suring in 1970. of National Meat Association, (formerly prise. The next Executive Director had al- By that time, the boss was back practicing Western States Meat Association) an Oak- ready been chosen—Barry Carpenter, the re- law, and in absentia, so I got to fill the void land-based trade association representing cently retired Deputy Administrator of the and apply what I had learned and we were in packers, processors, wholesalers, sausage Agricultural Marketing Service and one of the years of implementation of the 1967 makers, and other related firms in the U.S. the few with the gravitas to follow in the changes to the Federal Meat Inspection Act. meat and poultry industry. deep foot prints left by Ms. Mucklow. Until 2007 she was the NMA Executive Di- Note: In writing this, I almost called Car- We were innovative and energetic, I made rector and held this position since 1982 when penter ‘‘her replacement,’’ a silly misnomer friends with the bigger organization, West- the Western States Meat Packers Associa- on my part. To be correct, she will be fol- ern States Meat Packers Association, and in tion and the Pacific Coast Meat Association lowed in the office by Mr. Carpenter. No one 1982, under the leadership of Cal Santare of merged to form the stronger, broad-based or- will ever replace her. WSMPA, we merged Pacific Coast and ganization it is today. Rosemary has been Retirement for Rosemary does not mean WSMPA into Western States Meat Associa- associated with the meat industry for over 40 she will immediately take up knitting at tion. In 1996, because of broader interest in years. some condo in Sun City. She won’t even hide what WSMA was doing, we changed the name As Executive Director, Rosemary’s respon- out at her home in the Berkeley hills. OK, to National Meat Association. It’s been an sibility’s included the administration of the she might do some more knitting, it’s always exciting and bumpy ride! affairs of the National Meat Association. She been a hobby. But those needles are much You’ve had the opportunity to meet and continues to oversee the activities of NMA sharper than the standard issue dime store work with many of the legends in the busi- as Director Emeritus, and as part of her needles—maybe they’re those Addi Turbo 47 ness. Let’s construct a mini-hall of fame daily activities she maintains working con- inch circular brass knitting needles with here and induct the inaugural members. Who tacts with NMA’s members so that she re- finely honed points—and they will still be would they be and why would you include mains fully informed about the effects on used with great dexterity to prod an occa- them? their businesses of government and market sionally recalcitrant industry onwards. First the man who hired me: Tom Morton, activities. In this interview, I asked her to construct who went on to be very successful in the in- Almost daily, Rosemary advises members a mini-hall of fame and induct an inaugural vestment business. I should have followed on the intricacies of the federal meat and class of people she has worked with in her him! poultry inspection laws, and other laws ad- long career. It was an impressive list but Don Houston, FSIS Administrator, was a ministered by the Department of Agri- short one name. In any meat industry hall of good friend, and provided critical access for culture. fame, her name will be listed at the top in me to the USDA regulatory process. Rosemary has a reputation for ‘‘telling it recognition of the lengthy and positive im- Cal Santare, who believed that a woman like it is.’’ She is considered a formidable ad- pact she’s had. could do it, when many of his cohorts didn’t versary in defending the industry when it’s Let’s spend five minutes with Rosemary as think so! right, and she’ll be equally straightforward she prepares to slowly and reluctantly step Al Piccetti, of San Francisco Sausage, a in making corrections when it is not. In 1996 away. former President of PCMA, who encouraged Rosemary received the E. Floyd Forbes It’s been said that retirement isn’t for sis- me to reach for my dreams. award presented by the National Meat Asso- sies and that’s something you’ve never been Ben Goehring, of Goehring Meat, another ciation in recognition of her outstanding accused of being. So are you really going to former President of PCMA and later of services to the meat industry. In 2002, she do it this time and what does retirement WMSA, who inspired me with strength and was honored by the American Meat Science mean to a hyper-active, over-achiever like friendship. Association for her ‘‘common sense leader- you? Kathi Mosie, of Saag’s Products, who never ship in the areas of food safety and public On February 1, 2007, when Barry Carpenter failed to be supportive. policy.’’ She was appointed to the National accepts the position of CEO/Executive Direc- Phil Bauer of Federal Meat, who had to Advisory Committee on Meat and Poultry tor, my status with NMA will change to Di- fight for me on principle, and thus earned Inspection and elected Vice President of the rector Emeritus. I expect to turn over the unpopularity with some associates. International HACCP Alliance. She is an ceo responsibilities to Barry, and as we pro- Cal Faello of King Meat who went to the honorary member of the American Associa- ceed through a transition time, to be able to mat for me as a matter of principle. tion of Food Hygiene Veterinarians. focus my time and energy on many undone John Duyn of Carlton Farms who helped Aside from her responsibilities as Director activities for which there has been very lim- me to make change from good old boys to Emeritus of NMA Rosemary is a member of ited time. Retirement is a misnomer really, the next generation. various research and industry related organi- and because Barry will be recused from cer- Dick Lyng, whom I knew in California, zations. She is a Trustee on several Taft- tain activities with his former employer, I who showed me by example how to be a bet- Hartley Funds administering medical and will be an interim bridge for those purposes. ter politician pension benefits for union workers. She has I’m certainly not retiring to my cottage in Phil Olsson of Olsson, Frank & Weeda, worked to raise funds in the area of cancer the hills of Berkeley to knit full time! friend, lawyer, counselor and absolutely research as President of the Peralta Cancer In military terms, you seem to be doing a straight arrow for over 30 years. Institute and has reached out to assist dis- ‘‘phased withdrawal’’ from your duties at In the industry, many of the toughies advantaged people in the community. She is NMA. What will keep you busy as your time reached out to be helpful to me, including the President of the Berkeley City Club, as out of the office expands? Bob Peterson, Ken Monfort, and more re- well. Oh, there are lots of things on the horizon! cently Joe Luter. John Miller is a longtime Rosemary was born and educated in Edin- I’d like to visit and work with individual friend, People like Bill Buckner, Dick Bond burgh, Scotland and had various jobs unre- members more, I’d like to have the time to (whose first job was for one of the early

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2138 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 WSMPA legends, Homer Glover), Rich Vesta, for large and small firms. Our availability to combat that is taking place in Iraq. Bernie and Joe Clougherty, Gary Waldman, assist and guide firms through the maze of And of course we call that, and it is Terry Caviness, Dave Wood, Les Oesterreich, regulatory requirements is legendary. I will better known as a fully funded rede- Warren Wilcox and Harvey Dietrich. In aca- continue to support Barry in any way appro- ployment. demia, I can never forget Russell Cross, Gary priate and possible and am thrilled that the Equally as important, when our Smith, Jeff Savell, Roger Mandigo, Gary lengthy transition will give us opportunities Acuff, and Elsa Murano and lots more. And to work together in a different way to serve troops come home, we must ensure Lou Gast whom I first knew at FSIS in the the needs and interests of our great meat in- that they all come home. And that’s early 80s has come through over and over dustry, and liberate me to think about new why we continue to work with our col- again. projects that can be valuable for the future leagues to include provisions to pro- Indeed, I have been blessed, and while of our organization. hibit permanent military bases in Iraq. there are many omissions from this group, f We have been successful, in a bipar- my strength has come from the generosity tisan fashion, in including language in and kindness of many, many people in this CONGRESSWOMAN WOOLSEY’S a number of authorizing and appropria- great industry. 250TH IRAQ SPECIAL ORDER tion bills, as well as a stand-alone bill, You’ve accomplished a lot during your ten- The SPEAKER pro tempore. Under a ure at WSMA/NMA. What achievements H.R. 2929, which passed the House in stand out the most? previous order of the House, the gentle- July of 2007 by an overwhelming bipar- Running a trade organization is not like woman from California (Ms. LEE) is tisan vote. playing a football game. There are not win- recognized for 5 minutes. In spite of the fact that the President ners and losers after a fixed amount of game Ms. LEE. Madam Speaker, I come to has signed these provisions into law, I time! the floor this evening to join Congress- believe it’s six times since 2006, he Some legal wins, such as the Supreme case woman WOOLSEY in her 250th special issued a statement as he signed the fis- on Salmonella Testing at the 5th Circuit order on the ongoing quagmire in Iraq. cal year 2008 Department of Defense Court was a powerful event. Also, the driving I just want to take a moment to com- authorization bill signaling his inten- energy by NMA to get the U.S. Canadian tion to ignore the provisions banning Border open was a special ‘‘win.’’ mend Congresswoman WOOLSEY and But the big win is the strong support of thank her for her leadership and her permanent military bases, to ignore people for the goals of NMA and what it commitment to ending this occupation that provision. Sadly, unfortunately, stands for, for the respect shown toward me of Iraq and bringing our troops home. this is a pattern coming from the and this organization for what it does to It was her resolution several years ago White House that really does seem in- serve the needs and interests of the industry, that we were able to begin, actually, tent on cutting Congress out of any de- and for the appreciation of members, large the debate on this floor with regard to cisions relating to the permanent sta- and small, for what we stand for and the ef- bringing our young men and women tioning of the United States military forts we make. in Iraq. Using your many years of experience, let’s home. So I do have to salute you, Con- gresswoman WOOLSEY, and thank you At the end of last year, without for- look ahead. What does the future look like mal congressional input, this declara- from your vantage point? Can you talk about again very much for your commitment issues that we can look at with pride as well and your tenacity and your willingness tion of principles for a long-term rela- as the issues that might create some prob- to be a voice that is so desperately tionship of cooperation and friendship lems? needed to be heard. between the Republic of Iraq and the I see lots of opportunities that lie ahead! Madam Speaker, it’s really, though, United States of America was discussed The 21st Century will be a stimulating and unfortunate that Congresswoman between Prime Minister Maliki and exciting time for firms that pay attention to WOOLSEY, myself, Congresswoman WA- President Bush. Now these ‘‘principles’’ what consumers want to buy, rather than will set the stage for future agreements TERS, and all of our colleagues have to make a commodity product to ship out. on the disposition of United States There is a huge amount of innovation come even once to this floor and speak troops in Iraq. To make certain that going on as we speak in this great industry. out against the invasion and subse- I think we need to provide the next genera- quent occupation of Iraq. But the re- this does not end up being a backdoor tion with relatively simple information ality is, we are in Iraq. And the reality way to keep our troops in Iraq indefi- about how to make food taste good and be is, also, that the cost of our invasion nitely, which of course many of us are safe, all at the same time. There are a zillion worried about, I recently introduced and the subsequent occupation of Iraq cookbooks, but in addition to easy meals for H.R. 5128, which will require that any have been very high. consumers on the rush, there is a need to formal agreement emerging from this As of February 10, 2008, according to demonstrate that good food is a catalyst for declaration of principles has the ap- the Defense Department, 3,955 of our good friends and families to get together. I proval of both the House and the Sen- like it best when I hear that competitors can brave young men and women have ate. Further, it states a sense of Con- find common ground with each other in the given their lives, nearly 30,000 United gress that the Iraqi Parliament should marketplace. States troops have been injured, and put their seal of approval on any agree- No one is going to eat the same item over countless thousands of Iraqis have been ment as well, which just makes sense. and over again. Variety, reasonable portion killed. We’ve committed a half trillion size, and good taste is very important, I Finally, it will prohibit funding for think there are big opportunities for devel- dollars and gotten what in return? We any agreement that may emerge from oping new niche markets, and trade organi- are still occupying a country which has these principles that does not have the zations will be challenged to fairly represent undermined our standing and credi- approval of the House and the Senate. their members interests in the upcoming de- bility in the world, what we have done There’s no denying that a majority of bates. I think there are opportunities for as it relates to our occupation of Iraq. the American people are with us. A re- small Individuals to bring forward their idea, And so we have an opportunity once cent CNN Opinion Research Corpora- and it gives me the greatest pleasure to help again to talk about why we do not be- tion poll has found that nearly two- small firms that have the dynamic energy to lieve funding the President or giving grow their market share with a good idea. thirds of all Americans oppose the oc- As Barry Carpenter prepares to pick up the the President another blank check for cupation of Iraq. torch, what advice do you have to give him? waging war in Iraq makes any sense. Madam Speaker, we need to end this Barry brings strengths to the leadership of We have the opportunity to turn this occupation and bring our troops home this organization that are quite different to around in the coming war supple- as safely and as quickly as possible. mine. He is highly respected for his capacity mental, which I understand may be And it is because of the courage and to understand this industry, and for honesty once again before us next month. We fortitude of Members such as Congress- and integrity. I am thrilled that he will take must insist that the only funds that women WOOLSEY and WATERS, who over, and I will try not to get in his way as the President should get should be to he leads with new ideas and creativity and come to this floor each and every day. builds on the strengths of NMA as we know protect our troops on the ground and When the history of this period is writ- it today. bring them back home safely, not one ten, historians will look back and say NMA’s member response services have cre- more dime to continue the occupation, that there were some who opposed this ated a new gold standard for the industry, nor one more dime to continue the and wanted it to end and end quickly.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2139 b 1845 REPORT ON RESOLUTION PRO- thing that could be done in order to VIDING FOR ADOPTION OF H. provide leadership and to encourage FIGHTING IDENTITY THEFT AND RES. 979, RECOMMENDING THAT and urge the Congress of the United DEFENDING THE HOMELAND HARRIET MIERS AND JOSHUA States to bring our soldiers home. BOLTEN BE FOUND IN CON- Unfortunately, her messages have The SPEAKER pro tempore (Ms. TEMPT OF CONGRESS, AND not always been heard. But there are CLARKE). Under a previous order of the ADOPTION OF H. RES. 980, AU- those of us, those of us who work with House, the gentleman from Illinois THORIZING COMMITTEE ON THE her in the Progressive Caucus, those of (Mr. KIRK) is recognized for 5 minutes. JUDICIARY TO INITIATE OR IN- us who work with her in the Out of Iraq Mr. KIRK. Madam Speaker, accord- TERVENE IN JUDICIAL PRO- Caucus, who have tried to not only give ing to a 2005 GAO study, employers re- CEEDINGS TO ENFORCE CERTAIN support but to do the same kinds of ported the use of 1.4 million Social Se- SUBPOENAS things that she has been doing in order to end this war. curity numbers that did not exist. Mr. MCGOVERN, from the Committee The American people are tired of this Nearly 1.7 million numbers had been on Rules, submitted a privileged report war, and I find it disingenuous for some used by multiple individuals, some- (Rept. No. 110–526) on the resolution (H. of the pundits to say that somehow times as many as 500 times for the Res. 982) providing for adoption of the this is off the radar screen, that this is same Social Security number. In my resolution (H. Res. 979) recommending not an issue that the American public district, the Waukegan police find that that the House of Representatives find cares about anymore, that somehow it at least 20 fake Social Security cards Harriet Miers and Joshua Bolten, Chief of Staff, White House, in contempt of is the economy. Of course it is the are found by law enforcement every economy, but you cannot separate week. Congress for refusal to comply with subpoenas duly issued by the Com- what is going on within our economy Now, upgrading the Social Security mittee on the Judiciary and for the from the war. We must look at this war card should be common sense. It’s adoption of the resolution (H. Res. 980) for what it is. about seniors. It’s about identity theft. First of all, it is a war that we cer- authorizing the Committee on the Ju- It’s about illegal immigration. And it’s tainly should not be in. We were mis- diciary to initiate or intervene in judi- about keeping Americans safe. led. There were never any weapons of cial proceedings to enforce certain sub- mass destruction. Saddam Hussein is When we look at today’s Social Secu- poenas, which was referred to the dead. Four thousand of our American rity card, we find a 1930s design. It House Calendar and ordered to be soldiers have been killed in this war. lacks a picture. It lacks a bar code. It printed. Countless Iraqis, Iraqi civilians, and lacks a magnetic strip. It poses almost f no barrier to the thousands of counter- others who have made up the coalition feiters that make false Social Security REPORT ON RESOLUTION WAIVING forces from other countries are also dead. And so here we are, and the pun- cards. REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO dits are talking about it is not about Today, along with my colleague from CONSIDERATION OF CERTAIN the war, it’s not on the radar screen of Illinois Peter Roskam, we have intro- RESOLUTIONS the American public, that the economy duced legislation to finally give Ameri- is, when, in fact, our economy is in re- cans the choice between the old 1930s Mr. MCGOVERN, from the Committee cession because of this mismanaged design Social Security card and the on Rules, submitted a privileged report war. new secure Social Security card. This (Rept. No. 110–527) on the resolution (H. We have a President of the United card offers enhanced protections across Res. 983) waiving a requirement of States who came in as a fiscal conserv- the board. It would replace that flimsy clause 6(a) of rule XIII with respect to ative supposedly belonging to the party and easily counterfeitable Social Secu- consideration of certain resolutions re- of the fiscal conservatives who have rity card with a 21st century identity ported from the Committee on Rules been spending, spending, spending on document that gives seniors real pro- and providing for consideration of mo- this war in Iraq, over $500 billion on tection. Our legislation and this design tions to suspend the rules, which was this war in Iraq, at the same time giv- is based on the government’s common referred to the House Calendar and oring tax cuts to the richest 1 percent of access card. Already the U.S. govern- dered to be printed. the corporations of America and deny- ment has issued 10 million of these f ing the dollars that we need to invest cards, and its protections, in our judg- in our own domestic problems that THANKING THE HONORABLE LYNN ment, we believe, should be offered to need to be addressed. WOOLSEY, MEMBER OF CON- people in the 21st century against So- We had a bridge fall down in Min- GRESS, FOR ALL SHE HAS DONE cial Security card counterfeiters. neapolis, and people wondered why did IN TRYING TO CONVINCE CON- that happen. And when we took a close We think this legislation is impor- GRESS TO BRING OUR SOLDIERS look at the reviews, the assessments tant to propose a significant barrier to HOME FROM IRAQ that had been done about the state of those who would counterfeit Social Se- The SPEAKER pro tempore. Under a affairs of our bridges and our infra- curity cards, to help seniors in fighting previous order of the House, the gentle- structure, we learned that many of our identity theft, and to make sure that a woman from California (Ms. WATERS) is bridges in America are in the same po- person who has that number and this recognized for 5 minutes. sition that that bridge was in, and we card is really who they say it is. Ms. WATERS. Madam Speaker, this know that they have been assessed to We saw on September 11 that 18 of 19 evening I come to the floor to be with be dangerous, that they need repair. hijackers had valid U.S. IDs during my friend and colleague Congress- Why don’t we have the money to in- their crime of the century. I think it’s woman LYNN WOOLSEY as she gives her vest in our infrastructure? Why is it we time to make sure that at least the So- 250th speech and Special Order on this cannot create the jobs by investing in cial Security card has the 21st century floor. I come to be with her to com- our infrastructure? Why can’t we re- protections that we can offer to make mend her for the tremendous leader- pair the bridges and the roads and the sure that we protect seniors, to make ship that she has provided not only in highways and build credible transpor- sure that we protect all Americans, speaking out against the war in Iraq, tation systems? It is because this ad- and to protect the Social Security sys- but because she has given numerous ministration has decided that we are tem. That’s why we think that this leg- press conferences, she has been on nu- going to spend a disproportionate islation to create these secure Social merous speaking engagements, she has amount of the taxpayers’ dollars on Security cards is an idea whose time spoken with editorial boards, she has this war in Iraq, and we don’t know has come. written articles, she has done every- when we are going to get out of this

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2140 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 war in Iraq. And this administration navigating tax law instead of spent b 1900 would have us believe, because they growing the economy and creating A single tax rate structure would have sent more soldiers and spent more jobs. Taken together, this is a strong eliminate taxes on capital gains, taxes money in the so-called surge, that prescription for real change in our Tax on dividends and taxes on savings. Per- somehow we are winning the war. What Code. sonal savings would increase. Busi- are we winning? What does winning We know what works when it comes nesses would expand and create jobs. look like? I don’t recognize it. to changing the code because we Without the heavy corporate income I know this: I know that these 4,000 caught a glimpse of it when Ronald tax, which is currently the second soldiers that have been killed in Iraq Reagan cut the code in half in 1986. As highest in the industrialized world, are not with their families, that their a result of that reform, the economy companies would have less incentive to families, many, are in disarray; many grew, revenues increased, and jobs were offshore their headquarters, and more of them very patriotic, who went to created. I can’t think of a better pre- importantly, less incentive to offshore war because the President said that scription for our slowing economy than their earnings. they were needed; and many of them replicating the reform of the Tax Code And here is where the all-American who are no longer with us, their fami- on an even greater scale. principle of freedom comes into the lies are suffering. And we have others So what should we do? The prescrip- prescription: The decision to move to a who have been injured who have come tion is also pretty simple: flatten the single rate system would be entirely up home, and they have not gotten the tax, broaden the base, and shift the to the individual or business, not the best medical treatment that they burden away from families and small government. This would be an optional should have received, even though they businesses. program. If somebody has constructed were promised that, if they serve, they The encouraging news is that we their domestic finances or their busi- would be taken care of. have a practical and effective blueprint ness finances to maximize earnings So here we are. We have destabilized for making this real change across the under the current Federal income tax the Middle East and we have occupied board. This blueprint is called the flat code, they will be allowed to stay in Iraq. We have Iran that is threatening tax. In 1981, Robert Hall and Alvin the code. But if you are tired of the us, Syria, Lebanon destabilized, and Rabushka proposed a new and radically shoe box, if you want to fill out a sin- Pakistan is a joke. simple structure that would transform gle page form and spend the rest of I will simply conclude by thanking the Internal Revenue Service and our that time with your family or on a per- LYNN WOOLSEY for all that she has economy by creating a single rate of sonal vacation, you are free to do so. done to try to convince this Congress taxation for all Americans. Today, sev- A flat tax would be much less costly, we should bring our soldiers home. eral States have implemented a single- saving taxpayers more than $100 billion f rate tax structure for their State in- per year, and reduce tax compliance DEATH IS LESS COMPLICATED come taxes, and from Utah to Massa- costs by over 90 percent. The resulting THAN FILLING OUT YOUR 1040 chusetts citizens are seeing the benefit. increase in personal savings, there is a stimulus package that would have an The SPEAKER pro tempore. Under a In Colorado, a single tax rate generated so much income, so much rev- immediate effect on our American previous order of the House, the gen- economy. tleman from Texas (Mr. BURGESS) is enue, that lawmakers actually reduced the rate less than 10 years after its im- Recent polling by American Solu- recognized for 5 minutes. tions shows that over 80 percent of Mr. BURGESS. Madam Speaker, it’s plementation. In Indiana, the economy boomed after a single rate went into ef- Americans favor an optional one-page been said over and over again that tax return with one rate. After all, who nothing in this world is certain except fect in 2003, and since that time, the corporate income tax receipts have could complain about making some- death and taxes. I was a practicing thing easier, especially a process that physician for over 25 years back in risen by 250 percent. Here in Congress we have several peo- comes at such high cost? Texas, and I will tell you that some- Madam Speaker, this is a very polit- ple working on the problem. People times death even seems a little less ical year. We hear a lot of talk about such as myself; Congressman DAVID complicated than our tax system. change. You can’t turn on the tele- DREIER from California, the ranking The complexity of the Tax Code is a vision without hearing talk about member of the Rules Committee; and consequence of countless deductions change. Let’s consider how that change PAUL RYAN of Wisconsin, the ranking and exemptions aimed at steering a so- could improve the most complicated of member on the Budget Committee, are cial agenda, a social agenda, when it’s institutions, the Internal Revenue all working to establish a simple tax supposed to be a Tax Code. The result Service, and more importantly, deliver rate structure for our United States. is a Federal law fraught with opportu- prosperity and return time, return Other Members are working on it in nities for avoiding taxes and loopholes time, to the American taxpayer. That the other body as well. to be exploited all at the expense of fel- is a stimulus package worthy of every- low Americans. I brought a poster to show you how a one’s vote. Everyone is familiar with the prob- faster, flatter, fairer tax structure f lems inherent in our convoluted Tax would work, and it’s pretty simple. Code. Criticizing the Tax Code is as Here you go: Your name, a little bit of HONORING THE MEMORY OF American as apple pie and baseball, identification data, write in your in- DEREK BRIAN JOHNSON and for good reason. Each year Ameri- come, a line for personal exemptions, The SPEAKER pro tempore. Under a cans spend billions of hours and bil- calculate your deductions for personal previous order of the House, the gen- lions of dollars trying to do their best exemptions, taxable income, calculate tleman from Pennsylvania (Mr. DENT) to comply with our complicated Tax the tax by multiplying by a flat rate, is recognized for 5 minutes. Code. That’s not counting the billions subtract taxes already withheld, and Mr. DENT. Madam Speaker, I rise of hours they spend complaining about you’re done. What did it take, 30 sec- today to honor the memory of Derek it. onds? Not very long. Brian Johnson and the efforts of his fa- Madam Speaker, time is precious, No more expensive tax attorney bills. ther, Robert Johnson, a resident of and too often we don’t have enough of Gone are the hours of stressful re- Easton, Pennsylvania, to seek justice it for the personal things we like, such search trying to figure out whether for his son. as earning a living, raising our fami- your military service or your marital Derek Brian Johnson was only 32 lies, spending time with friends. And status will adversely affect your re- when he died. He worked as an Internet then there is the dollars and cents side turn. No more headaches trying to de- security manager. He enjoyed singing, of this equation where time is money, termine where the estimated tax pay- skydiving and motorcycle racing. He and valuable resources are squandered ments go. was passionate in his support of the

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2141 Make-A-Wish Foundation. He also uary 18, 2007, the gentleman from a third, and that would be a tremen- loved music and bands. And it was this South Carolina (Mr. BARRETT) is recog- dous step, Madam Speaker, $10 trillion, last love that ultimately cost him his nized for 60 minutes as the designee of and I congratulate the President on life. the minority leader. this step. On February 20, 2003, nearly 5 years Mr. BARRETT of South Carolina. These are issues that we can debate ago, Derek went to a club called The Madam Speaker, it is an honor to come on how best to approach that. But to Station in West Warwick, Rhode Is- tonight and talk a little about spend- cut the unfunded liability by $10 tril- land, to hear a band called Great ing, talk a little bit about the budget, lion is remarkable. And if the people White. The club was jammed that night talk a little bit about reform, talk a want to criticize the President’s spe- with patrons. As the show ensued, tour little bit about entitlements, and talk cific proposals for addressing that manager Daniel Biechele set off a pyro- a little bit about earmarks. problem, that’s fine. Then let’s make technic display that was part of the What we want to do, Madam Speaker, sure they come forward with solutions band’s floor show. The display ignited over the next hour is talk a little bit on how we can fix this stuff. Don’t just the building’s soundproofing foam. about what is going on in Washington, tell me the problem. Tell me how to fix The Station went up like kindling. what is broken, what needs to be fixed it. People rushed for the exits, and panic and have a big-picture discussion. We We must reform these programs so ensued. Many were crushed as the can talk about line items. We can talk they can meet their mission of pro- crowd stampeded to get out of the about things down in the weeds. But viding health and retirement security burning building. In the end, 100 people what we want to talk about tonight is and a reliable safety net today and in died that night at The Station, includ- a philosophical difference between the the future. The administration has a ing Derek Johnson. Republicans and the Democrats on how proposed plan, but it is Congress who Ultimately Biechele and club owners we are going to get this country, has the power of the purse strings. It is Jeffrey Derderian and Michael Madam Speaker, back on track. Congress who will decide the Federal Derderian were charged with man- Now the President’s budget lays out budget. And it is Congress who is ulti- slaughter as a result of the fire and en- critical fiscal issues that the Congress mately responsible and accountable for suing deaths. And there began my con- is going to have to deal with in the ensuring a sustainable path to our Na- stituent, Robert Johnson’s, quest to near future. Key among them are bal- tion’s future. find justice for his son, a search that ancing the budget, promoting sus- Let me show a couple of charts to from his point of view has not been at tained economic growth, slowing the kind of substantiate what we are talk- all fruitful. growth of Federal spending and ad- ing about, Madam Speaker. First, there was the matter of the dressing the coming entitlement crisis. The first chart. Now a lot of people club itself. There were more people in First on deficits. Last year at this have said the Bush tax cuts, let’s make the club than there should have been. time, after several years of dramatic them permanent. Let’s do away with The Station had no sprinkler system, declines in the Federal deficit, we them. When we talk about the Bush which would have prevented, or at found ourselves on what may be de- tax cuts, what are we talking about? least minimized, the conflagration. scribed as a glide path to balance in We are not talking about the Bush tax And the soundproofing foam was not the near term. Now that path has been cuts. We are talking about real things. treated with flame retardant mate- interrupted, mainly due to the slow- We are talking about capital gains. We rials. down in the economy and the stimulus are talking about the marriage pen- Second, there were the court pro- package, but we will still balance the alty. We are talking about dividends. ceedings. Biechele pled guilty to 100 budget. We are talking about a death tax. A counts of manslaughter. He could have Even while addressing current chal- child tax credit. Things that affect ev- gotten 10 years to serve under a plea lenges in the economy, the President’s eryday Americans, Madam Speaker. agreement that Bob claims he did not budget achieves balance by 2012 with- Now this chart shows the best Bush know about. The judge gave Biechele 15 out raising taxes. Now let me say that tax cuts of 2001 and 2003. If you look at years but suspended all but 4. Michael again, because I think that is ex- the red first, this shows what happened Derderian was allowed to plead no con- tremely important. The President’s before the tax cuts, and the blue shows test to 100 counts of manslaughter pur- budget achieves balance by 2012 with- what happened after the tax cuts. Now suant to a plea agreement. He too only out raising taxes by demanding the my friends on the other side have al- received 4 years to serve. Federal Government get in control of ways said, well, what we need to do, we Finally, there were the parole hear- guess what? Spending. need to tax the rich. We need to make ings. Even though both of these men The budget also achieves balance sure that they are paying more than were responsible for the deaths of 100 through sustainable fiscal policies that their fair share. people, the State parole board in Rhode support economic growth and job cre- Let me show this. After the Bush tax Island has decided to release them. ation. It maintains the tax policies cuts, the top 1 percent, their taxes ac- I have to say that I agree with Bob that have supported the solid growth tually went up. That’s right. The top 10 Johnson when he tells me that serving which until only recently succeeded in percent, guess what? After the Bush less than 4 years after being found le- producing appreciably higher revenue, tax cuts, their taxes actually went up. gally responsible for so much carnage appreciably higher revenue, and dra- The top 50 percent, after the Bush tax hardly seems just. I commend Robert matic reductions in the deficit, and we cuts, guess what? Their taxes actually Johnson for the hard work he has put have got some charts to show you just went up. forth to find justice for his son and for that. Now, again, the Democrats will the other victims of The Station night- Finally, the President’s budget rec- argue, well, we need to do more for the club fire. I know that the memory of ognizes that our Nation’s challenges go little man, for the guy that is in the Derek Brian Johnson will live on in his well into the next few years. It takes a middle. Look at the bottom down here. father’s heart forever, and I applaud significant critical step towards ad- The bottom 50 percent after the Bush his efforts to soldier on on behalf of a dressing the greatest threat to our Na- tax cuts went into effect, their tax li- man who was taken from us all too tion’s future strength and prosperity, ability actually went down. So the ar- soon. the unsustainable growth of our largest gument that we need to tax the rich f entitlement programs. more to save the little man doesn’t While the President’s budget doesn’t quite fit that chart, does it? GETTING THE NATION BACK ON fix the entitlement problem in one fell Let’s show another one. Job creation TRACK swoop, it does propose specific reforms, before and after the Bush tax cuts. If The SPEAKER pro tempore. Under ones which would reduce Medicare’s $34 you look at the red lines going south, the Speaker’s announced policy of Jan- trillion in unfunded liability by nearly or below the line, this is before the

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.001 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2142 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Bush tax cuts. Look what happened by 2018, it will be 63.3 percent of our Spending for pet projects for Mem- after the Bush tax cuts. Now it appears budget. bers of Congress has nothing to do with to me on this chart that job creation Now, you look at the interest, how it an orderly, reasoned system for setting went up. So we have got the lower 50 has kind of stayed the same, actually priorities on how we set spending. De- percent that are actually paying less, gone down a little bit. But discre- cisions are made not on the merits of a and we are creating more jobs. tionary spending has gone from 36 to 29 proposed project. No, not at all. Deci- b 1915 percent. Roads, education, infrastruc- sions are made based on how long a ture, defense, things that are vital to Member has been in Congress, perhaps An interesting concept. Let me show our Nation, things that are vital to our what committee they are assigned to, another one. national security, are being eroded be- perhaps what party they are in. It has Now, Madam Speaker, I really love cause of this monster that we call man- nothing to do with the merits of the this one. This is one that me being datory spending. project. from South Carolina can truly under- This is the last chart I want to show. So we spent last year over $15 billion, stand. This is before the Bush tax cuts. Now, again, I want to applaud the that is the entire yearly budget for the Then, after 2003, everything was fully President for trying to attack entitle- State of Minnesota, $15 billion on these implemented. The line goes increas- ment spending. There is $34 trillion, as pet projects, and done in a way that ingly up. So even after the Bush tax we speak, of unfunded liabilities. And had nothing to do with an orderly sys- cuts were fully implemented, revenues what his budget proposes is an esti- tem for assigning priorities on how we to the Federal Government soared mated $10 trillion trying to trim that spend money. through the roof. off. I don’t think I ought to be asking the It just proves that when you allow Now, my chairman, Chairman JOHN people of the Second District of Min- Americans to keep more of their hard- SPRATT from South Carolina, an honor- nesota to spend money on a project for earned money, that they know how to able man, sat right in the committee the LA fashion district. I am sorry, I spend it better than we do. They are and said these are draconian cuts to just don’t think that is the right set of going to buy a new truck. They are Medicare, to Medicaid. But, Mr. Chair- priorities. We ought to establish those going to build a new building. They are man, tell me how to fix it? Let’s have priorities through the institutional going to hire a new employee. They are an open and honest debate on how to system that is here in Congress. We going to grow the economy. And the address entitlement spending, because, don’t do that. We award money based way you grow the economy is through Madam Speaker, this is the camel that on an entirely arbitrary system. the private sector and not the public broke the straw’s back literally; not My friend, our friend, my friend from sector. the straw that broke the camel’s back, South Carolina, Mr. BARRETT, and oth- Now, let’s change subjects just a lit- but the camel that broke the straw’s ers that are here with us tonight know tle bit. Spending. No matter what we back. that we have a friend, Congressman do, whether it is tax policy, whether it Madam Speaker, I can go on, and I JEFF FLAKE from Arizona, and every is changes here or changes there, we want to do that, but I have some tre- time we have a spending bill he brings have got to get spending under control. mendous partners here with me tonight up six or eight or 10 or 12 examples of The red line assumes that my friends that want to talk about spending, that this porkbarrel spending and tries to on the Democrat side are successful want to talk about runaway spending, shed some light on it and get a debate and the Bush tax cuts are going to go that want to talk about this system and give us a chance to vote on wheth- away. We will have higher taxes. The that, personally, I think is broken. er or not we think that is the right pri- red line shows here that the taxes are The first gentleman I would like to ority for how we spend taxpayer dol- increasing. recognize is a dear friend of mine, a lars. But do you know what? It is not But look at the green line. The green classmate of mine from the great State a debate. It is not a debate. It is not line, Madam Speaker, is runaway of Minnesota, Representative Colonel going to have anything to do with the spending, and you can’t address one JOHN KLINE. merits of the project. without addressing the other, because Mr. KLINE of Minnesota. I thank the Mr. FLAKE’s amendments almost, I unless we get our fiscal house in order, gentleman. can only think of one exception, never none of it is worth anything. Madam Speaker, this is a huge topic pass. And why is that? Because the sys- Now, I want to read you a quote here. that we are talking about tonight of tem is broken. Members of Congress Comptroller General David Walker tremendous personal importance to don’t want to vote against that ear- came in front of our committee and every American. My dear friend and mark, because they are afraid that said, ‘‘You are not going to tax your colleague from South Carolina said somebody will vote against their pet way out of this problem. You’re not that we want to talk a little bit to- project. It is a broken system. We need going to grow your way out of this night about budgeting and about to check it. problem. You are not going to do it by things that are broken in Washington Is it a lot of money? Well, the entire constraining spending. You are going and about spending and all manner of annual budget for the State of Min- to have to do a combination of all things. nesota, we think that is a lot of money, these things, and the biggest thing is You know, when we budget, whether and we ought to get that under control. going to be entitlement reform, Social the President sends over a budget and And it is symptomatic of problems we Security and Medicare, health care then Congress works its will on that have here. being a much greater challenge. And budget, we are assigning priorities on Another problem that is sympto- we need to start soon, because time is how we spend taxpayer money, how the matic of a broken system is what hap- working against us.’’ government is going to spend that pens after we go through the process of Let’s look at entitlements. Now, of money, and that ought to be a delibera- debating the budget, deciding on a course, the top of it says ‘‘mandatory tive process, and it is a deliberative budget, deciding on how much money spending.’’ There is actually nothing process. But then we throw it out the we are going to spend for defense, for mandatory about this, because Con- window. education, for transportation and gress can change this if we need to. It We have a couple of things that I roads, setting priorities in the way we is entitlement spending. wanted to touch on tonight which should be setting priorities. In 1995, entitlement spending was break the system. One of them is a sub- Then what happens? The system here roughly about 49 percent of our Federal ject that has been much in the news in Washington, in Congress, says that budget; in 2005, which, by the way, was lately, and that is porkbarrel spending, we have to have a spending bill, an ap- 3 years ago, 53.4 percent of our budget. earmarks. This is a system that is propriations bill that dictates how And, lo and behold, unless we do some- completely broken in Congress and in much money we are going to spend in thing to address entitlement spending, Washington, DC. theory in keeping with that budget.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2143 But what happens? These bills come Mr. BARRETT of South Carolina. I b 1930 up. They are loaded down with this thank the gentleman. They are put on auto pilot, if you porkbarrel spending. We get to the end Madam Speaker, I guess it is a philo- will. And it really takes strength to of the fiscal year here in Washington, sophical question: Who do you trust? get in there and address Medicare and which is the end of September, and we Who do you trust? Do you trust a Fed- Medicaid and Social Security and those don’t have these bills passed. eral bureaucracy that has grown and items that have been put on auto pilot. We get to the end of October, we get grown and grown? Or do you trust the Are these items things that are going to the end of November, and suddenly men and women in South Carolina? Do to continue to grow every year? Yes, there is pressure to get the spending you trust the men and women in Min- indeed, they do. Do they need to be ad- bills passed, and the system that has nesota? Do you trust the men and dressed? Absolutely, they need to be been in place here for a long time is to women in Texas or Tennessee? Because addressed. And the gentleman is right do what? Take all of these spending they are the ones out there day after in that, as he was pointing out the bills and roll them up into one great day busting their humps, making a liv- amounts of money. And then just mak- big monstrous bill of spending which ing, trying to make ends meet. And all ing a small little reduction in that they call an omnibus. This omnibus they want is a fair shake. All they spending, you have a Budget chairman ends up breaking every rule, every pri- want is for us to spend their money who is saying, oh, my goodness, draco- ority of spending. It is just one big, wisely. nian cuts. We can’t do that. huge massive spending bill. That is I have never met a constituent, So it is important to keep up with part of what is broken in Washington. Madam Speaker, that didn’t say ‘‘I actually what is in that document. And Now, my friend Mr. BARRETT is talk- I do encourage everyone to print that ing about entitlement spending, and I don’t want to pay my fair share.’’ But every one of them will tell you ‘‘I don’t out, look at it, and stay in touch with am sure we have colleagues here to- us as we continue on a regular basis to night that are going to talk about that want to pay more than my fair share.’’ And it is incumbent upon us, it is income to this floor and talk about how and other issues that are trillions of this body spends your money. dollars, but we can’t even get the rel- cumbent upon the United States Con- gress, to do the right thing. Now to follow the good members of atively small pieces right here. the Budget Committee, the gentleman I am very pleased to say that many With that, Madam Speaker, there is a from South Carolina and a couple of people in my party, in the Republican lovely lady in the Chamber tonight Members you will hear from yet a little Party, have stepped up and said we that is a budget hawk, that is a stal- bit further tonight and to follow some have had enough of this porkbarrel wart when it comes to conservatism in of the process, the process of getting spending. We need to take serious ac- the House, a lady that speaks with a this budget together. The President tion to stop this nonsense. Some of us gentle voice but carries a big stick, and proposes that budget. You can go to have said we are not going to partici- I am talking about my dear friend from budget.house.gov/republicans, and you pate, me included, until it is fixed. Tennessee, MARSHA BLACKBURN. can follow the actions that are going to Many of my colleagues have done the Mrs. BLACKBURN. Thank you so same thing, some of them here in this much. take place as we talk about spending, talk about how the limits are going to room tonight. But as a party we have Madam Speaker, I thank the gen- be set for the different categories in taken the position that we need to fix tleman from South Carolina for yield- the budget, as we go through amending this. ing the time, and I thank my col- that budget and the House putting its I was very pleased to see that one of leagues for taking the time to come mark on that budget. We are the keep- our Democrat colleagues today was in and talk to our colleagues and also to ers of the purse. And I invite you to the paper saying no more earmarks, be- the American people a little bit about follow those actions. cause the system is broken, and we the issue of spending. welcome that sort of bipartisan sup- Those of us that are in the Repub- You have the right to know how we lican Study Committee, which are port and recognition of a system that spend your money. Madam Speaker, I is completely, absolutely broken and bringing you this hour tonight and this think that that is something we need discussion, you can follow what we are needs to be fixed. to think about. This is not our money. I know it is symptomatic of some doing with the budget at house.gov/ It is not the government’s money. This hensarling/rsc, and we encourage you bigger problems. It is not huge money, is the taxpayers’ money. And to each but it is big enough money that we to do that. and every individual, each and every ought to step up and fix it. And then We do recognize this is your money, taxpayer who is listening, you do have we ought to fix these other underlying it is not the government’s money, and a right to know how your money is problems like this gigantic omnibus you deserve information on what is being spent. mess, because the green line that my happening with spending. As you have friend showed of this increased spend- The gentleman from South Carolina heard from the gentleman from Min- ing has got to be brought under con- spoke so well to the issues that are en- nesota (Mr. KLINE), and also from trol. Even in the wildest dreams of our capsulated in the budget process. Some South Carolina (Mr. BARRETT), you de- colleagues on the other side of the of you may be wondering about that serve that info so that you can decide aisle, they can’t raise taxes enough to budget document. Yes, the President if you think you are getting a good fix that. We have to get the spending did get it out to us last week. You can value for the tax dollars that you are part of this equation under control. actually download the budget docu- sending into the Federal Government. I believe, as I know Mr. BARRETT does ment if you want to see it. It is about So work through this with us, and then and some of our other colleagues here 2,000 pages. you make the decision as to what kind tonight, that keeping the tax burden You think about how small the Con- of value you think you are getting. low and allowing American families stitution is and how big the budget is Now I will tell you, I am one of those and businesses to spend money accord- for this one year. But at that thinks the President spends too ing to their priorities will keep this Whitehouse.gov/OMB/budget/FY2009, much. I have disagreed with how much economy growing and tax revenues will the fiscal year 2009 budget, you can go he spends. I think this body spends too continue to flow. We just have to get to that Web site and you can actually much. There are all sorts of good ideas the spending side under control. print it off and go through and search that are out there. But every time I thank my friend for yielding some and look at it, as the gentleman said, there is a good idea, you have a price time to me and letting me address a entitlements, and the entitlements that has to be attached to that. And it couple of the issues in this big picture that are there, the mandatory spend- is not only a price as to what we are that he has been trying to lay out for ing, as it is called, even though it is spending here, but it is also the price us tonight. I know we have other col- items that just don’t seem to be ad- that is paid because neither the private leagues, so I yield back. dressed. nor not-for-profit sector is going to fill

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2144 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 that need or address that need if the tives. I want to thank the gentlelady automatic tax increase that our friends public sector is doing it. from Tennessee who preceded me who on the other side of the aisle, Madam I think as we talk through the issue is one of the most dynamic Members Speaker, the Democrats, have passed and as you are listening to the Mem- we have in this entire body for the into legislation. bers that will speak to you tonight, clarity and persuasion of her speech, a Right now over the next 3 years there you will agree, government spends too lady who knows how challenging it is will be a huge automatic tax increase much. As you have heard tonight, for families to be able to put food on on the American people. Now is that taxes are too high. The American peo- the table, put gasoline in the car, pay what this economy needs now, when ple are overtaxed and government has for their health care expenses, and people are concerned about their job overspent. The bureaucracy is bloated knows that ultimately it is the family losses, when they are having trouble and the bureaucracy needs to be budget that ends up paying for the filling up their Ford F–150 pickup trimmed back. Every year they take a bloated Federal budget. trucks, when they are having trouble little more and a little more and a lit- Now I didn’t join the Budget Com- buying milk at the grocery store? I tle more and go through this process of mittee because I enjoyed numbers. In have a 5-year-old and a 4-year-old and baseline budgeting, never going back to fact, I think probably the worst grade they’re very thirsty and they drink dollar zero like you do, like we all do I ever made in my life was in an ac- that milk. And it is expensive. with the family budget. Every year counting course at Texas A&M Univer- And so the question right now is, they just add on. So the bureaucracy is sity many, many years ago. But I should there be a huge automatic tax bloated. And in this season of a new joined the Budget Committee because increase on the American people? Well, year and new resolutions, the Federal ultimately the budget is about prior- Madam Speaker, the Republicans think budget is one that needs to be put on a ities. And, Madam Speaker, I came to that there shouldn’t be, that we diet. But we all know that government this body because I believe America shouldn’t have a huge automatic tax has an insatiable appetite for the tax- needs greater freedom and greater op- increase. Let me tell you what the payers’ money. portunity. And you can’t have more Democrats have passed. There are some actions that need to freedom and more government. You Right now, if we don’t change this, be taken. As you have heard tonight, have to choose between one or the the top tax income bracket will go to you see the mandatory spending, the other. And sometimes, Madam Speak- 39.6 percent, an increase of 13.1 percent. Now why is that important? We always things that are on auto pilot approach- er, especially at a time of challenging hear, well, you know, this is the ing 60 percent of this budget. It’s time economic times, you have got to decide wealthy and they need to pay more to get our hands around that. We’re which is more important, a govern- taxes. Well, you know who files at this looking forward to beginning some of ment check or a paycheck. And right rate, Madam Speaker, is small busi- that process this year, just as we’ve now government increasingly is taking nesses. And, guess what, you can’t have begun it every year with the budget a bite out of that family paycheck to capitalism without capital. I used to be discussion and driving that debate a pay for bloated Washington spending. a small businessman. I signed the front little bit further to make certain that Well, Madam Speaker, I don’t know if of a paycheck. I used to sign the back fiscal responsibility is restored to this the American people know it, but right of the paycheck, but I signed the front now the Federal Government is spend- House, to make certain that future of the paycheck and I have risked cap- ing over $23,000 per American family. It generations of Americans have a free ital. So now all of a sudden the Demo- is the first time since World War II Nation in which they can grow up, crats have put into law a 13.1-percent that the government has spent that which they can dream big dreams, tax increase on hundreds of thousands much money, over $23,000. Madam where they can have great adventures of small businesses across our Nation Speaker, I wonder how many families and they have the confidence of know- at the very time when they are trying that are listening to this debate to- ing they have a government that is to meet their payroll. What sense does night think they are getting their going to work well, a government that that make, Madam Speaker? is going to be efficient and effective in $23,000 worth out of the United States Capital gains. The capital of cap- the tasks that they undertake and the Federal Government. italism. Democrats want to increase services they provide. Now some will say government has taxes on that 33.3 percent. If you want I thank the gentleman from South great needs. But you know what, it’s to talk about something that’s going Carolina for yielding. not always how much money you spend to send more jobs overseas, it’s increas- Mr. BARRETT of South Carolina. I in Washington that counts, it’s how ing the tax rate on capital gains. Divi- thank the gentlelady. you spend the money. And I want a dends go up 164 percent. That’s right, Madam Speaker, I couldn’t have said Federal Government that does a few 164 percent, under the automatic tax it any better. Mrs. BLACKBURN does a things well, like guards my family and increases that the Democrats are going beautiful job, and we really appreciate the families of all Americans against to impose on us. her coming down and sharing some radical Islamic terrorists. I want a The death tax. You have already paid thoughts with us tonight. Federal Government that can control taxes on it once. You shouldn’t have to My next speaker again is a classmate our borders. I want a Federal Govern- visit the undertaker and the IRS on of mine, a wonderful man, the author ment that will provide a social safety the same day, and yet that is going to of the Family Budget Protection Act, net for those who are too old, too go from zero up to 55 percent, Madam which was a fantastic piece of legisla- young, and too disabled to help them- Speaker. tion, and I hope he talks a little bit selves. But outside of that, I want peo- The child tax credit is going to get about it tonight, also the chairman of ple to go out and have greater freedom cut in half. And the lowest tax bracket the Republican Study Committee, and and greater opportunity, and have the for the lowest wage earners in Amer- a dear friend, the gentleman from greatest welfare system known to man- ica, their taxes are going to increase 50 Texas (Mr. HENSARLING). kind. And when I say welfare, I mean percent. Under the Democrat plan, Mr. HENSARLING. I thank the gen- greater education, greater housing, Madam Speaker, it is going to go from tleman for yielding. I thank him for his greater nutrition. That program is a 10 percent bracket to a 15-percent leadership in this body, and I thank called the American free enterprise bracket. him for his friendship. system, and it is under assault. And Now is this the recipe that our econ- Madam Speaker, I know of no one in one of the things that is assaulting it omy needs? I don’t think so. I don’t this body who represents greater integ- is the Federal budget. think so. But yet Democrats tell us, rity and greater honor than the gen- Now let’s talk about the fight that is well, we need more money because tleman from South Carolina. His dis- taking place in Congress right now, we’ve got to do all this Washington trict was very wise to send him to the and that is a fight about whether or spending. Well, if you look in the rear- United States House of Representa- not Americans ought to receive a huge view mirror, Madam Speaker, you will

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2145 see that over the last 10 years govern- much less spare our children and ly does us proud, and we think an awful ment has grown by about 75 percent, grandchildren a doubling of their tax- lot of his constituents for sending Mr. and yet the family budget, which has ation to where we would be the first HENSARLING here. He is a great leader to pay for that Federal budget, has generation in American history to and really understands the basic prin- only grown 30 percent. leave the next generation with a lower ciples and levers on what makes Con- Now ultimately something has to standard of living, if we are going to gress work. give. And so again our Democrat col- keep our faith with our forefathers, if Mr. BARRETT from South Carolina, I leagues, Madam Speaker, tell us, well, we are going to show fidelity to the fu- appreciate your managing the time be- we have to raise taxes. And all those ture generations and be good stewards fore us this evening, and your integrity tax increases that they want to impose of the American dream, we have to de- and leadership, and the fact that you right when the economy is having trou- feat these massive Democrat tax in- are pretty smart and on top of these bles, they say, well, we’ve got to raise creases. We have to defeat their mas- issues. We need people like that here. taxes to somehow balance the budget. sive increases in spending. The question before us tonight, do we Well, Madam Speaker, if people Madam Speaker, it all starts with want tax increases or tax decreases. It would look at this chart, we don’t have something we call earmarks, congres- is a pretty simple choice: Tax increases a taxation problem, we have a spending sional earmarks. As a dear friend of or tax decreases. Historically there problem. Right now the difference be- mine in the Senate, TOM COBURN of were two guys, one guy plugging each tween this blue line and red line is this Oklahoma said, ‘‘Earmarks are the one. One was called little Lord Keynes- huge massive tax increase that the gateway drug to spending addiction.’’ ian economics. That is the one that Democrats want to impose upon hard- There are too many bridges to no- said what we want to do is we want to working American families, on farm- where, there are too many indoor do tax increases. If the government ers, on teachers, on small businesses. rainforests. There are too many teapot just spends enough money, by golly, it And look at how much revenue it gains museums. And the American people are is just like standing inside a bucket, you. And this, Madam Speaker, not to waking up that all too often somebody grabbing the handle and lifting up, and get into too much inside baseball, is in this body has taken a bite out of we will just float our way out of any what we call a static analysis. This as- their paycheck so that some Member of economic problems. So the idea is gov- sumes that raising people’s taxes has Congress can keep his. The system is ernment will spend a lot of money and no impact on economic growth. We broken. increase taxes. That is a Keynesian ap- know that’s not true. Republicans in this body have called proach. So given the Democrats’ every single The other approach was advanced a for an earmark moratorium. They have assumption, if they do this massive tax little later, after Keynes, and it was called for a select committee to clean increase which is going to amount to Milton Friedman. He said no, when you up this system where the American roughly $3,000 per American family have your economy in trouble, you are people too often see money going into over the next 3 years, it doesn’t get starting to get into a recession, you campaign contributions. Money com- anywhere close to the green line. want to do tax decreases. Now that ing in one end of Washington, DC, and That’s the spending line. That is the might sound like a crazy idea because they see earmarks coming out the line that represents the Federal Gov- if you cut taxes, you think, I won’t be other end. The system is broken. It has ernment on automatic pilot. That is if able to pay for all of the things that to be changed, and all the Democrats no new programs are added, that is how government is doing. We already have much is going to be spent. And what have said is no, we are not going to a deficit, how can you cut taxes. does that represent? Don’t take my join you. They have gone the complete Well, one of the ways to take a look word for it; take the Comptroller Gen- opposite direction. at which one of these ideas is a better I am proud to be a member of this eral’s word for it, the chief fiduciary idea is take a look at how it has officer in the United States Govern- Republican conference that is trying to worked historically. We have a long ment. He says that line right there rep- clean up this earmark mess, trying to record on that, actually. You can go resents either, number one, a doubling control spending and control taxation back to the 1920s, and Calvin Coolidge of taxes on our children, or it rep- so we can get this economy going and cut taxes at a time when the economy resents a Federal Government that Americans can keep their jobs and was having a hard time, and the econ- consists of almost nothing but Medi- have a brighter future for themselves omy surged. In fact, they gave it a care, Medicaid, and Social Security. and their children and their grand- name, they called it the Roaring 20s. And anybody in charge of counting children. Next was FDR. Now FDR in his ear- money for the Federal Government will I thank the gentleman from South lier years, he was in trouble politically, tell you the same thing. Where is the Carolina for his leadership, and thank so he got a clever idea. He said I am ethic in that? Where is the morality in the gentleman for yielding me this going to take some Federal money and that? Imposing that kind of burden on time. start building using Federal money in the next generation? But, no, we have Mr. BARRETT of South Carolina. the States where I need some votes. He so many colleagues that care about the Mr. HENSARLING, I thank you for being goes out and doubles and then triples next election and not the next genera- here tonight and for your hard work. the budget of the Federal Government. tion. Your steady leadership with the RSC is The Federal Government was only truly appreciated. We appreciate you spending about 3 percent, and he took b 1945 coming down here tonight. it up to 9 percent. That was the 1930s Almost 6 years ago I got in the next Madam Speaker, my next speaker to- and 1940s. And, of course, the Great De- generation business because I have a 5- night is a gentleman that we call our pression was brought on by that exten- year-old daughter and a 4-year-old son, songmeister in the Members’ prayer sive spending on the part of the Fed- and I care desperately about their fu- breakfast every Thursday morning, a eral Government and the tax increases ture. So we have to do something about gentleman who is dogmatic when it that were necessary to try to cover out-of-control spending, and yet our comes to being a true conservative, that. colleagues on the other side of the when it comes to spending constraint, In 1960, and this is a place where we aisle, the Democrats, every single day and when it comes to doing what is step a little out of the political pat- they add a new program, completely right in the United States Congress, tern. In general, Republicans have been oblivious to the cost on our children the gentleman from Missouri (Mr. on the side of cutting taxes. But here and grandchildren, the least of these, AKIN). was a Democrat, John F. Kennedy. In those who cannot vote and those yet to Mr. AKIN. Well, thank you very 1960 he said the economy is in trouble, be born. much for yielding me some time here. and we need to cut taxes. JFK did that, If we are to work our way out of the I agree with you entirely that Con- and we had 7 or 8 years of very strong economic challenges we have today, gressman HENSARLING from Texas real- economy.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2146 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 So again, when you cut taxes, the when you go beyond it, even though tell one thing, Madam Speaker, and I economy surged and did better. you raise taxes, you are actually crash- know the other folks in the Chamber In the 1980s, Ronald Reagan was ing the economy and you are not going will agree, that the gentleman from stuck with a very difficult economy. to collect as much money because the Missouri is certainly passionate and He did a huge tax cut. Everybody says economy is going to die. believes in what he is talking about. Reaganomics, it was foolish to cut You think about the fact in this last Madam Speaker, now it is an honor taxes, except it worked. We had a tre- Bush administration people were com- and a privilege to turn to one of our mendously strong economy. It was that plaining about the tax cuts and the newer Members, but a Member who has strong economy that allowed Ronald cost of the war. The interesting thing proven himself time and time again, Reagan to spend money on defense and is if you add the cost of the war in Iraq the gentleman from Ohio (Mr. JORDAN). basically economically break the back and Afghanistan and the cost of the tax Mr. JORDAN of Ohio. I thank the of the Soviet Union, thus winning the cuts, they don’t equal as much as what gentleman from South Carolina for Cold War. the recession was costing us in the be- yielding, and appreciate this oppor- Then we came back with Bush I and ginning of 2000. Recessions are very ex- tunity that RSC has put together to Clinton. They went back to the raise- pensive. So if you drive your taxes too talk about taxes and spending and taxes formula. The economy gets in much, the economy slows and you some of the challenges we face as a trouble. Bush II comes into office in don’t get the tax revenue. You can country. 2000, and we have a recession starting. raise taxes as much as you want, but if We live in the greatest country in the What happens, in 2003 he does a major the economy is sick, you are not going world, but we do face some serious tax cut particularly where it was nec- to get revenue in. challenges. Obviously we face the chal- essary to help small businesses to help So that’s the logic. It is like a loaf of lenge of terrorism, the threat from peo- invest in the economy, and now we bread. If you tax it too much, you actu- ple who want to do our country harm have had about 5 years of a very strong ally get less revenue coming into the and who don’t believe in the great val- economy because of the tax cuts. government. ues that made us the greatest country Well, where are we today? Now the thing that I find ironic in human history. The Democrats today are really into about this whole thing, we have all of Also, we face another challenge, and the idea of tax increases. Not only have this history in America and we know that is the challenge of dealing with they raised billions and billions in ad- that tax cuts are the medicine you the fiscal situation that confronts us ditional spending in 2007, but they have need when you have a recession. We as Members of Congress. Just some proposed the mother of all tax in- don’t want excessive spending, and we numbers. The previous speaker from creases. That does make me scared cannot afford these huge tax cuts. And Missouri talked about tax issues. It is around Thanksgiving when you hear the ironic thing is that the socialistic important to understand, you hear about the mother of all tax increases, a Europeans have figured this out. We from time to time tax-and-spend politi- $3-plus trillion tax increase. That is have the economists who figured it out, cians, it is really not that, it is really going to repeal all of the Bush tax cuts. and yet we are not acting on the intel- spend and tax. Spending drives the So now you have the economy that is ligence that we have. The Europeans, equation, and we have got to get Fed- pretty shaky right now, and what are they figured hey, this is a good deal, we eral spending under control. you going to do; you are going to slam will cut taxes and our economy will Just some numbers. The greatest it with massive tax increases, and that grow. And so they whacked taxes 8 or 9 economy in human history is the U.S. is the formula that goes right back to years ago, and their economy is going economy. It is the largest economy little Lord Keynesian that the Demo- gangbusters. All of Europe asks, What ever, a $14 trillion annual economy. crats are pushing. did Ireland do? Oh, Ireland cut its The second largest economy in the The question could be asked, we are taxes. And so good old socialistic Ger- world is the nation of Japan, approxi- not being able to cover all of our bills, many and socialistic France, they are mately $3.2 trillion. how can you talk about cutting taxes, working to cut taxes. They figured it The third largest economy, if I can being responsible when you talk about out. use that term, is the Federal Govern- cutting taxes, wouldn’t you have to And here we are, the people who ac- ment. We all just saw the budget that pay all of these bills for the govern- tually came up under Milton Friedman came out last week, a $3 trillion Fed- ment. Well, here is an interesting with this understanding of economics, eral budget. We have a $3 trillion an- thing, and it is one that I heard talked and what are we doing, we are talking nual operating budget, and we have a about but I never really quite analyzed about the mother of all tax increases. $9 trillion national debt. The Federal it. I would like you to picture in your This is insanity. I can’t understand Government spends $23,000 per year per mind that you are king for the day and why the Democrats want to do this. If household; the top 25 percent of income your job is to try to raise some money I were a Democrat, I would want to earners pay 84 percent of the taxes. So for your government to do some pro- hand out pork and programs to people; when you hear these elected officials grams. The only thing you get to tax is I would want a strong economy. I say we have to give tax cuts to the a loaf of bread. would want to cut taxes so I would middle class, we are going to tax the So you start to think this one out. have more money to spend. It doesn’t rich, it is already happening. So when You see this loaf of bread sitting in make sense to pass these huge, massive people talk about only taxing the rich, front of you, and you think, am I going tax increases. what they really mean is they are to put a one penny tax on a loaf of I think we could learn from history, going to tax taxpayers. Every single bread, and you start calculating how or we could just learn from the Irish. family is going to pay more. many loaves of bread that we use in I certainly appreciate the gentleman We have to get spending under con- the country, and figure out what you from South Carolina yielding me the trol if we are going to keep taxes low raise. You think, why not charge $100 time to talk about this. The question is so families have more of their money for taxes on a loaf of bread. are we going to do tax increases or tax to spend on their goals and their Then you think maybe no one would decreases? If you care about the econ- dreams, their kids and their grandkids. buy the bread then. Common sense omy and if you care about the future of Last year I was proud to be part of says somewhere between a penny and our children, the answer has to be that the RSC who worked hard at lowering $100 there is some level of tax on the we have to use the Milton Friedman spending. In fact, we didn’t really work loaf of bread that if you increase it, approach and we have to get control of to lower spending. What we said to the you will lose tax revenue. And if you our spending and we have to cut our majority party is, let’s spend what we decrease it, you will lose tax revenue. taxes. spent last year. We offered a series of So what is going on here is that there Mr. BARRETT of South Carolina. I amendments. The way the process is some optimum level of taxing, and thank the gentleman. I can certainly works around here is we have to have

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2147 12 appropriations bills in law by the The way the world works is this: The I’ve got to tell you, the American peo- end of our fiscal year, which is Sep- economic leader in the world is the ple know the government’s wasteful. tember 30. military leader in the world. Right now If you’re out in the eastern part of the State like in New Bern, for in- b 2000 that is one country, the United States of America, and that’s a good thing. It stance, if you’re out there, you recog- So as those bills were moving is good when American leads. nize this stuff, but let’s talk about a through, we offered a series of amend- You know, folks at home in Ohio, great, enormous in size and scope boon- ments that said, let’s spend what we folks back home in Carolina, they get doggle that we have here in Wash- spent the previous year. After all, all it. They understand that instinctively. ington, DC. kinds of families, all kinds of business I think maybe the only people who There are 111,000 bureaucrats here in owners, all kinds of taxpayers in this don’t understand that fact is the edi- Washington, DC. Some don’t do much. great country have had to do that from torial page of the New York Times. Others are very active. But 111,000 bu- time to time. Doesn’t it make some I love the line Cal Thomas has, syn- reaucrats. The average wage for those sense for the Federal Government, dicated columnist Cal Thomas. He bureaucrats here in Washington, DC is where everyone instinctively knows we talks about how normal people per- $89,561 a year. That’s amazing to me have waste in spending, doesn’t it ceive things, and how sometimes the that the sheer size of that, the average make sense for the Federal Govern- elite national press perceives things. wage is so high. It’s enormous. ment to maybe just live on what they And he has a great line. He says, I get But in the Department of Education, did the previous year? But no, the ma- up every morning, I read my Bible and we know that education is critical. It’s jority party wouldn’t do that. And they the New York Times so I can see what especially critical in western North increased spending on those bills at each side’s up to. And there’s some Carolina. We have 3,224 bureaucrats three and four and in some cases five truth to that statement. here in Washington, DC in the U.S. De- times the rate of inflation. And all we It’s important that we lead economi- partment of Education. The average said was, let’s just hold the line. cally. We can do that by keeping spend- wage is $93,773. Now imagine that. The And the argument we got when we of- ing low and keeping taxes low. And average teacher in America makes fered our amendments was, you know when we do that we can be the leader $47,000 a year. I would much rather what, if we can’t spend more, the of the world, which is a good thing for take that money from the bureaucrats world’s going to end, the sky’s going to safety around the planet. and put it in the hands of teachers who fall, all kinds of terrible things are With that I would yield back to the are actually educating children. Madam Speaker, we have a crisis on going to happen. We just can’t do that. gentleman. I appreciate again his put- our hands with the size and scope of We’ve got to spend more. ting this hour together and talking government. We have to limit the size Well, as the process unfolded, and so about this very important challenge and scope of government. We have to that the American people understand, that we face as a country. bring the budget to balance and do it Madam Speaker, we didn’t have any Mr. BARRETT of South Carolina. I one of those bills, not one single bill without raising taxes. thank the gentleman from Ohio so I appreciate and applaud my col- was enacted by September 30. And so much. league from South Carolina for hosting on September 30, we had to pass what’s My last speaker, Madam Speaker, I this special order so we can bring out called a continuing resolution, which is don’t know what to say. I mean, he’s these facts to the American people, be- a fancy way of saying, let’s live on last awesome. When you need somebody cause as their family budgets tighten, year’s budget. watching your back in a fight, the gen- so should the Federal Government’s A few weeks into that, I came to this tleman from North Carolina (Mr. budget. floor, same spot here, and gave a MCHENRY) is the guy I want beside me. Mr. BARRETT of South Carolina. In speech. I said, you know, a few months It is my pleasure to introduce him. closing, Madam Speaker, when I was ago, a few weeks ago we had talked Mr. MCHENRY. Thank you. I appre- working in the furniture store, my fur- about the fact that we wanted to hold ciate your kind words, Congressman niture store in Westminster, South the line on spending and we were told BARRETT, and I really appreciate your Carolina, I had a guy named John R. that if we didn’t increase spending, all leadership. I know the people of South McAllister. I called him Hoss. And Hoss kinds of bad things were going to hap- Carolina do as well. As deputy ranking would come in every Friday to see me pen; the sky was going to fall, the sun Republican on the Budget Committee, and he’d make his payment. And it wouldn’t come up. he has his work cut out for him leading didn’t matter whether I was working in I said, you know what? For the past us on the Budget Committee. the back or working on a truck or un- 6 weeks we’ve been living on last year’s I want to bring out just a few facts packing furniture, Hoss would look me budget and imagine this: The govern- for the American people tonight, up and come grab my hand and shake ment’s still running. The sun’s still Madam Speaker. Congressman JORDAN it and say, thank you for what you’re coming up; the world hasn’t ended. I pointed out very aptly the size of the doing. You know, Hoss McAllister said, how can that be? And my rhetor- Federal Government, just so the Amer- probably didn’t have an idea close to ical question was, You know what? If ican people can understand what a $3 what I did. But I think about Hoss we can do it for 6 weeks, I bet we could trillion government costs, what that McAllister tonight, Madam Speaker, do it for 6 months, I bet we could do it actually means though. You say $3 tril- and all the Hosses out there that want for a whole year, and save the tax- lion. What does $1 billion look like? a fair shake. payers a lot of money and, more impor- Well, sure, Bill Gates could tell you We’re going to do the right thing. tantly, and maybe most importantly, what $1 billion looks like. He’s got that We’re going to keep taxes low. We’re begin to better position ourselves as a in his checkbook. But for the average going to give more money to Hoss so he country to deal with the long-term American, what does that mean? can make a living. problems that we know are out there. And to point out the fact that it’s f It is important that we get spending larger than most countries are. We under control because when we do, we have the third largest economy in the 30-SOMETHING WORKING GROUP can make sure our economy continues world held just in our Federal budget; The SPEAKER pro tempore (Mr. to grow, we can keep taxes low, and we greater than the whole economy of ELLISON). Under the Speaker’s an- can let families have the kind of re- China. It’s absolutely amazing. nounced policy of January 18, 2007, the sources they need, their resources, to But when we talk about boondoggles gentleman from Florida (Mr. MEEK) is spend on their goals and dreams. in government, folks in North Carolina recognized for 60 minutes as the des- The last thing I will say is this before know about that. Look, in western ignee of the majority leader. yielding back to the gentleman from North Carolina, where I represent, in Mr. MEEK of Florida. Mr. Speaker, South Carolina. Hickory, where I’m from, Cherryville, it’s so good to see my friends on the

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2148 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 Republican side talking about making home and having equity in that home But it’s great to know that we all sure that we help people and help the is very, very important. Also it pro- recognize the writing on the wall, and economy. And today, you know, we had motes small business investment in that there wasn’t the type of struggle a bipartisan piece of legislation that plants and equipment, and it helps cre- that we have seen around other pieces the President signed, which is good, ate 500,000 jobs by the end of this year. of legislation with regard to economic this stimulus package. Of course all of And I think that just looking at stimulus. It was bipartisan effort, and the pieces in that package did not turn some of the points in this economic we recognized that it was important out the way everyone wanted it to turn stimulus plan, this is a temporary fix. and critical that we do this timely, we out, but we knew that we had to get it It’s not what all of us here wanted. But do it targeted, and we make sure it’s in the hands of American people. It on behalf of the American people and temporary because, as my colleague, puts hundreds of dollars into the hands on behalf of our economy, we have to Mr. MEEK, has already stated, we’re of almost 130 million Americans, dis- make sure that we make these ends borrowing this money. But we know abled veterans, also seniors, who will meet. it’s important. It’s important to jump- spend these dollars immediately. One other thing I just want to add, start our economy. It’s on life support Mr. Speaker, I must also say, here in and this is an AP story, Ms. CLARKE, right now, and this is just the type of the 30-Something Working Group we that the President acknowledged today jolt that we need. It, as has been stat- talked a lot about the bipartisanship. that the country is suffering a tough ed, gives hundreds of dollars to people And my good colleague, YVETTE period of economic uncertainty. We’re who will spend it. That is the ultimate CLARKE from the great State of New going to talk about that when we talk goal here is that we spend this money, York represents Brooklyn, and was a about the Federal budget a little later that we get it back into the stream of part of that bipartisanship that we on, a couple of these charts. You know economic growth as quickly as pos- shared here on this floor. I love charts. But we’re going to talk sible. Here in the 30-Something Working about that, this economic uncertainty b 2015 Group, we talk about how we can work and how we get there because I think it together on behalf of all Americans, ties into what our colleagues were And that will be going to 130 million not just Democrats, power Democrats talking about on the other side of the American families and seniors, includ- or power Republicans, but also inde- aisle, talking about all and every last ing about 8.3 million families in my pendents. And I think it’s important tax cut is a good tax cut. And some tax home State of New York. And what we when we work together we’re able to cuts, especially when you’re borrowing were able to determine is that the av- achieve goals on behalf of the Amer- the money, I mean, we’ve got to talk erage rebate for New York families ican people. That’s what we’re looking straight to the folks, Ms. CLARKE, this would be about $807, putting an esti- for. economic stimulus package that’s mated $6.7 billion into the hands of But, Ms. CLARKE, one the things that going to benefit 130 million Americans, New Yorkers, into the hands of those I guess, or two of the things we’re is borrowed money. Let’s just go ahead who really, really need it. going to talk about tonight, not only and put it out there now. It’s borrowed. And I think what is so crafty about the President’s signing the stimulus I think it’s important that we, if we’re the stimulus package that the Demo- package that the House and Senate going to stop borrowing so much crats led here in our caucus was the worked on in a bipartisan way, but we money, then we have to be able to set fact that we looked at the struggle also have to talk about the budget a the stage to allow Americans to see ex- that our parents are having; that for little bit tonight. I was hoping, since actly what’s going on, especially dur- our children there’s going to be a reit’s one of these cold nights in Wash- ing the political scene. Folks have all bate for each child in the family; that ington, DC, that maybe we can accom- these great proposals. Is it paid for? there will be an ability for us to make plish this in a record time of being able That’s my question. sure that our small businesses are able to allow folks who, the Federal Govern- When I got here, Mr. Speaker and Ms. to invest in new equipment and that ment was delayed 2 hours today in CLARKE, it was, we’re selling the future workers will have half a million jobs by opening, but pretty much everyone generation. Now I can honestly say the end of this year. showed up at my office, and we know that we’re selling today when we talk We are looking at providing relief for that folks have to get home. about some of these charts, especially lower wage and part-time workers by But I think it’s important, because with the President releasing this budg- guaranteeing at least $300 for those so many Americans, when the tax re- et. who are making at least $3,000 in bate comes in, which will be a separate But with those opening statements, I earned income. check, their stimulus check will come yield to you, Ms. CLARKE, at this time. This is phenomenal. It’s unfortunate in and hopefully it will be able to help Ms. CLARKE. Thank you so much, that we have to come to these meas- folks be able to make ends meet. Mr. MEEK. It’s great to be back here ures, but we know that this stimulus is This tax credit has also offered a one- once again with the 30-Something going to be going directly to those who time rebate of $300 per child. I think Working Group in what I call my soph- have suffered the most in our economic that’s very, very important for those omore year of my freshman term. I crises right now. And I think that the that are eligible to be able to get that wanted to just share some reflections Democratic caucus has certainly led one-time rebate per child. on the economic stimulus package, be- the way with innovation with regard to Also, it expands financial opportuni- cause I think before we even get to the this stimulus package, and I want to ties for Americans in danger of losing point of looking at where our economy commend, to the extent that I can, the their homes because of the mortgage is today, there should be a moment to folks on the other side of the aisle who crisis. And as you know, Mr. Speaker pause and look back about 7 years ago saw that this was a much needed meas- and Ms. CLARKE, we have to make sure when our Nation’s budget was in sur- ure and did not spend a whole lot of that we bring about the comprehensive plus. And in such a short amount of time debating it but putting it in reform that we need. A number of time we’ve seen our economy just to- place, so that by May of this year, we Americans are losing their homes. A tally get out of kilter, get out of should begin to see some of this really lot of us back in our districts, you whack, a lot of hocus-pocus being done kick into effect across this Nation. It’s know, I’m going to have not only a in the markets, particularly around extraordinary. workshop, but an ongoing working subprime mortgages, in addition to the You know, our Democratic Party group in helping the folks in my dis- fact that there’s just been a slow eco- worked with our Republican counter- trict be able to keep their homes. nomic growth in some of the sectors parts in the House and the Senate and That’s the number one investment tool that have traditionally provided that the administration to pass this quick that we use when we do need money. economic growth and boost in our relief to help prevent a full-fledged re- Having that home and owning that economy. cession, but we didn’t get everything

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 2149 we wanted. We really didn’t just get ev- bureaucracy moving to get this stim- thing about the Blue Book value of the erything we wanted. We got it done ulus into the stream, into our commu- car. You want to know the sticker quickly. nities, into the hands of our families as price. You want to know list. You want I believe that we need to expand upon quickly as possible. It’s really an im- to know all of those things so that you the stimulus to keep the relief coming, portant measure, and I look forward to will have at least some level of knowl- because even after the rebate checks seeing it implemented in each of our edge and edge on what is happening. come, there are people who will con- communities. So many Americans leave money on tinue to be hurting. We need to in- Mr. MEEK of Florida. Well, let me the table, and I think, Ms. CLARKE, I crease funding for food stamp programs just say, I think it’s important that have asked some of my staff members and unemployment benefits, then we you talk about our stimulus package, to get with the Ways and Means staff need to address the infrastructure talk about the realities of the stimulus to talk about how much money is left problems in our country, Mr. Speaker, package, this bipartisan package. And I on the table every year that Americans including needed repair to our schools, think it’s important that everyone pay are eligible for, working Americans are waste water systems, transportation very close attention to not only what eligible for, small businesses are eligi- systems, which will also create jobs. we are saying but what we must do. ble for that they’re not aware of. We need to invest in affordable hous- This is a perfect example of how we So they sign that tax document, not ing. That creates jobs. But it also cre- worked in a bipartisan way. And I have the person that’s preparing. I mean, ates local economic development. always said bipartisanship is only al- they do, too, but ultimately, the tax- Creating jobs through many different lowed when the majority allows it to payer has to sign it. And you are re- means, and the buzz word is ‘‘green’’ happen. And how we came off of the responsible for what is on it and what jobs, which is, of course, looking at recess, came back here to Washington, comes back to you, if you have any- newable energies and how we really DC, to respond to the crisis that’s fac- thing that’s coming back. embed that into our economy, so that ing the country. It is not over. It is a Ms. CLARKE. What I found inter- as we wean ourselves off of the depend- temporary fix. You have a Band-Aid esting was our commitment to small ency of foreign oil, we see the growth box. This is one of the medium-size business in the stimulus package. I think that too often small business is of industry across this Nation from the Band-Aids in the box. It is not one of overlooked and forsaken for the big, rural parts of our Nation to the urban the big Band-Aids that’s there. parts of our Nation, like New York I think it’s important, and you gave megacorporate folks who are always City, where green jobs can be a major the numbers out, on what happens in getting the tax breaks. But this stimulus package also takes into account engine for sustainable growth in our New York. But we have 8.3 million our small business, our ‘‘mom and Nation. households on average that will receive pop,’’ our emerging new start-ups and Of course, we have looked at summer $819 for those that are eligible for this other organizations in our commu- jobs, which is critical. This is a way stimulus package. And, Mr. Speaker, it nities. that we can immediately impact, par- was targeted towards the working fam- The plan will double the amount ticularly on our young people and their ilies and seniors and those that fall small businesses can immediately families, is by giving them that oppor- under certain thresholds that we will write off their taxes for capital invest- tunity for exposure to the workplace in be talking about in further detail here ments made in 2008 from $125,000 to the summer job capacity, job training on the floor when we can talk about $250,000, and for purchases of new for our workforce, to reorient them to the stimulus package and talk about equipment up to $800,000 from $500,000. a lot of the emerging industries that some of the benefits, especially for And that’s significant because with the we have. We just need the jobs. some of the working Americans who cost rising for materials, and there is a So we have a full plate ahead of us. are trying to figure things out. rising cost for oil, and people don’t rec- Economic stimulus is just the begin- A lot of the folks, they like to sit ognize what the rising cost in oil alone ning. That is just shocking the system down at their dining room table and does to small business, particularly for so we can begin to put the treatments kind of work this whole piece out on those who have to have their goods or in place to repair and restructure it, their taxes. Everyone doesn’t go into their services trucked or shipped. All of and I’m really looking forward to that, what you may call an H&R Block or that goes into the bottom line of some- because coming out of this Democratic something like that to get their taxes one who is trying to operate a small caucus had real innovation, real for- done. Some folks sit right there at the operation. It also provides immediate ward thinking, and real focus on the dining room table and try to work it tax relief for all businesses to invest needs of our people. out themselves. into new plants and equipment by As has been stated, Mr. MEEK, you So I think it’s very important that speeding up the depreciation provisions are struggling with the foreclosure cri- it’s really no secret when we provide so that firms can write off an addi- sis in your community. I’m struggling tax incentives for rebates for small tional 50 percent off of investments with it in my community where we’re businesses so that they can grow, and purchased in 2008. That is extraor- in the process of rolling out a series of also when we provide those rebates for dinary. clinics so that people will feel free to those families that are eligible, espe- That is extraordinary because, again, come forth and have their financial sit- cially the tax child credit, because a because small business is really sad- uations assessed, their mortgages as- lot of folks miss out on that. They’re dled with the weight of an economy sessed. Those that can be refinanced, not paying attention to what is going that has been skyrocketing, particu- we want to get them in the stream on. And even sometimes individuals larly with the cost of oil and with the right away, because this is predicted to that are preparing your taxes, you cost of doing business overall just esca- be a foreclosure phenomenon that will have to kind of know something when lating each and every year. last a number of years. you sit down at that table. And we expect that there will be So we want to try to head it off at There are Americans in all parties about $7.5 billion sent out to small the pass for those who may be strug- and those that are nonaffiliated parties business and small business invest- gling today. And this economic stim- and those who have not even started ments over the next 10 years, close to ulus package can at least put some voting yet, there are a number of peo- $44 billion in 2008 alone. funds into the stream by helping home- ple that you sit down with your tax So we have looked at every sector of owners who are struggling with their person, you don’t want to sit there our economy that may be struggling as mortgages and who are in danger of with your mouth hung open not nec- a result of the sluggishness of the econ- losing their homes. essarily knowing what is going on. You omy at this time, and a recession in So I’m excited about the fact that need to know a little bit about what is some areas; some folks would say even the President signed the package today happening. It is almost like walking depression in others. But for our busi- and that we can get the wheels of the into a car lot. You want to know some- nesses, it’s important that we provide

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But you see me 3 ered both the home and the family as As you look at this dramatic deterio- weeks from now and on your mind, well as the small business environment ration in the budget picture, you have right here in the center of your fore- of our communities. And I hope that, to look at the deficit in the billions. head, you’re thinking about that $20. as you’ve said, everyone will take ad- These numbers you see are in the bil- You’re thinking if I am ever going to vantage of the rebates and the incen- lions. The last Clinton administration, pay you that money again. So, now my tives that have been built into this when you look at after President Clin- influence as it relates to being a stimulus package because we are ton left office, there was a $1.28 billion ‘‘Member of Congress’’ has been altered counting on you to spend it out there. surplus that’s there. You can see that a little bit because you’re now judging It’s important. We want to make sure right after President Bush took office, my ability to handle my own finances. that we can provide the life support to we automatically started deficit spend- We make the same money and all that our economy that’s required so we ing. This chart is not a chart that was kind of stuff, and you’re saying, why don’t fall in any deeper into economic put together by me independently. This does he have to borrow $20, and, better crisis. is what the Office of Management and yet, has no real will or desire to pay And this is just the opening salvo. We Budget has put forth. These are the me back? So that’s where we are right have a lot more to work out for our numbers from the Office of Manage- now as it relates to the country. I communities, for our Nation with re- ment and Budget that is overseen by think that people need to pay very gard to sustainable job development the President’s administration, and so close attention to that chart. And that and job growth, and I’m looking for- these are their numbers. was just updated in December of last ward to that part of the conversation, When you’re looking at $158 billion in year. because we are in the 21st century 02 deficit; $378 billion in ’03; $413 billion What’s left out of Bush’s budget? The here. We’ve got the talent, the exper- in ’04; and in ’05, $318 billion; ’06, $248 cost of the war beyond 2009. I think tise. We’ve got the ability out there. billion, ’07, $162 billion; and here we are that’s very, very important because We have to be able to make sure that in ’08, for the FY09 budget, the Presi- when you look at this cost of the war, we drive the process of economic dent is looking to carry us to $110 bil- it is not included, and budget analysts growth right here starting from the lion. And then following in ’09, $107 bil- have said that it will be $489 billion Hill. lion. This is his proposed budget. over the next 5 years. But then again, Mr. MEEK of Florida. Mr. Speaker, I Now let’s just talk about this one the President says he is going to bal- always enjoy when the two of us, Ms. chart just for a second. I just wanted to ance it very soon. CLARKE and I, are on the floor because shed some light, and then we will move The AMT, which is alternative min- I like that New York-Florida thing to the next one very quickly. imum tax reform, beyond 2008 is not going on, and I tell a lot of folks, Mr. It’s important that Americans under- there. That means that those middle- Speaker, whenever I’m in New York, I stand what we’re talking about. So class families that you’re not even rec- will always smile at New Yorkers be- when you hear folks on the floor start ognizing in the President’s budget, the cause I think eventually they’re going talking about tax cuts for the very spending policy details and beyond of to be my constituents one day in Flor- wealthy and those who did not ask for 09 as relates to discretionary is not ida. But it’s always good to work with tax cuts and saying that has to stay there. So it’s kind of like saying we’re Ms. CLARKE who is a public servant and alive to be able to help our economy, I going to balance the budget, but we’re who has served in the local government want you to reflect back to this chart going to leave major ingredients out to and where the rubber meets the road as here. This chart can be seen on be able to balance it and show how it relates to that. majorityleader.gov. we’re going to do it. Mr. Speaker, as we start to talk Ms. CLARKE, I know you’re familiar The President may only have one about the budget, I want the Members with this chart. This chart has been an more year in office, but the responsi- to have the information that I am pro- ongoing chart in the 30-Something bility as chief executive officer goes be- viding and Ms. CLARKE is providing Working Group. We talk about Presi- yond that to be able to set the stage. here on the floor. And all of this infor- dent Bush more than doubles the for- What you want to do when you come mation can be found on-line on eign-held debt. It took 42 Presidents 224 into a job or you’re leaving a job, just www.majorityleader.gov. It is a budget years to build up $1 trillion of foreign- for anyone, if you’re leaving a job, clearinghouse that’s there. Everything held debt. What do we mean by foreign- what do you do? You get everything in that we show here on the floor will be held debt? This means that foreign order for the next person to come in eligible on www.majorityleader.gov. countries like China, OPEC, oil-pro- and to be able to have something to And they will be able to pull this infor- ducing countries, this means that Tai- work with when he or she gets there. I mation down. And I think it’s impor- wan, this means that Japan, this think that it’s important that the tant to share and have transparency as means that India, this means that President does that. You’re talking we look at this budget. I think the suc- countries that we may have issues about the chief executive of the United cess of the 30-Something Working with, Argentina, a number of coun- States of America. Group that we have had over the years tries, they have bought our debt and we So look at what he was left with, a is that we’ve shared the good, bad, and borrow money from them. $128 billion surplus. And look what he ugly as it relates to not only budgets, What does this mean? Forty-two is proposing to leave for the next but also to initiatives that we are try- Presidents, $1.01 trillion, 224 years of woman or man to take office. So he ing to push through Congress. history in the country, from 1776–2000; 7 had a very ideal situation. And now I’m But like I said, just 2 weeks ago we years of George W. Bush, some of it is not blaming this on the President, I’m were talking about holding the line on with a rubber-stamp Congress until re- just saying the Republican majority bipartisanship and making sure the cently, until the American people that we’re trying to work with to get stimulus package passed, and I’m glad spoke in the last election, and we’re out of it now proposing to leave for the we were able to do it and we can all looking at $1.33 trillion in foreign- next woman or man that deficit. stand under one flag. owned debt. So when we look at the President’s I’m going to try to kind of zip What does this mean for the country? proposed deep cuts and key priorities, I through these charts real quick be- I can tell you exactly what it means. It want to make sure that every law en- cause I know Ms. CLARKE and I have means that countries now look at forcement officer, which I used to be a

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State trooper, Ms. CLARKE and Mem- Democrats and Republicans work to- This Republican budget does nothing bers, when you look at the COPS pro- gether and do what we did in the eco- to aid in our cause to go forward in a gram, that’s the Community Oriented nomic stimulus plan. Everyone didn’t robust manner. It reduces the funding Police, these are your bicycle patrol, get what they wanted, but the Amer- for after-school programs by over 26 these are your individuals that prevent ican people are going to be the short- percent. crime, don’t show up after it’s done, term winners of being able to receive These are the areas where our com- but prevent it, and provide other alter- those dollars and being able to make munities, our States across this Nation natives to youth so that they don’t get ends meet. And it was an emergency need the support systems in place now into trouble. The President cuts that situation. But I think as it relates to that we have a 21st century society 100 percent. And so when you look at our fiscal situation, that is an emer- where parents are working, where that in the 08 budget, and what we gency. And I think it is something that they’re not going to be there nec- fought for here, we started out with so many folks should be able to pay at- essarily all the time at 3 o’clock to $587 million, I think it’s important tention to. pick up their children from school. that everyone understands that that The costs that weren’t there, as I This is that period of time where all has been cut 100 percent. turn it over to Ms. CLARKE, the $187 law enforcement agencies will tell you Weatherization, and this is impor- million that was left out of the Presi- that children get into trouble between tant in Ms. CLARKE’s area especially. dent’s budget. Also alternative min- 3 and 6 o’clock. Here we see this Repub- This is the home heating and all the imum tax costs not included, some $408 lican budget does not take into ac- things that our seniors and financially billion over the next 5 years. The costs count the realities of the lives of the challenged folk need, 100 percent cut. for the war not included, $489 billion constituents that we present. So we’re When you look at Department of over the next 5 years. going to have to bring that to the table Homeland Security, State first re- Again, all of this information is on and make sure that is a part of the sponder grants, 78 percent cut. First re- majorityleader.gov ‘‘budget clearing conversation as we move forward to sponders, police officers, pay attention house’’ for you to see this information, shape what has been presented to us, to what I’m saying because I want to Democrat, Republican, individuals that which is really something that is dev- make sure when folks around here are are concerned about what’s going on astating to our Nation at this time. ho-humming and talking about, well, here in Washington. Homeland security. Now this is an you know, I’m in support of the present Ms. CLARKE. area that really hits home for me. situation as it relates to the White Ms. CLARKE. Mr. MEEK, I think Coming from New York City, knowing House, I want you to pay attention. you’re being too kind. We have to put what has gone into just building out a This is not my budget. This is the this where this is. The President re- new bureaucracy to address our con- President’s budget that I’m talking leased his last budget, and this budget cerns for safety and for real protection about here that is not reflecting the is devastating. It’s a Republican budget of our homeland, to hear after all that priorities of the American people. that plunges our country deeper into our first responders have done to really The EPA clean-up for water grants, debt, a debt that we will pass onto our bring themselves up to speed to be able 21 percent cut. When we look at com- children, our grandchildren, and maybe to meet the needs of their jurisdic- munity development block grants, even our great-grandchildren if we tions, to then have the Federal Govern- these grants build fire stations, they don’t turn this situation around and ment renege on its commitment to build community centers that allow turn it around quickly. them is a shame and it’s a sham. To local government to be able to do In the area of health care alone, the cut assistance to firefighters where something with Federal dollars for the types of cuts in Medicare and Medicaid local fire departments have needed betterment of their community, a 20 for our seniors and to low-income equipment to keep our communities safe is unconscionable, totally uncon- percent cut. And the Low-Income Americans, it’s unconscionable. Again, scionable. For example, in New York Home Energy Assistance Program, we’re facing a crisis in health care. And State where New York City’s FDNY are which is again for those that are finan- what are we seeing? Cuts. Cuts to the considered national heroes, almost $32 cially challenged in the country, SCHIP program that are almost $20 bil- million have been cut in funding. they’re receiving these deep cuts. lion over the next 5 years. After all I’m coming in for a landing here and we’ve done to try to expand the pro- Where do they get that money from? Where are these departments around I know, Ms. CLARKE, you’re going to gram for all eligible children, the Na- this Nation going to be able to make take it home for me. What Bush inher- tional Institutes of Health funding fro- up for the shortfall of the commitment ited and what Bush is leaving behind. I zen just as we’re about to have some made to them by our national leader? started to tee that up, and that’s a golf breakthroughs in research around Alz- Unbelievable. heimer’s disease and Parkinson’s dis- term, before I got to this chart. A Cuts to homeland security grant pro- record $1.6 trillion surplus. $400 billion ease and cancer and other diseases that grams, which funds every State based annual deficits. You’ve got to look at we’re desperately looking for treat- on risk by $750 million, that’s an ounce it from this standpoint, and this is ment and cure for. I mean, in the area of prevention there, and we see it being available from that Web site I gave of education, and this is supposed to be pulled away. you. On track to pay down all publicly the leave-no-child-behind administra- held debt when he came in. Exploiting tion, we see that the budget totally b 2045 debt burden, short term, so that folks eliminates crucial programs that pro- The important Urban Area Security can understand what’s going on. The vide to the States for technology in Initiative, UASI, homeland security strongest economy in three decades. classrooms. It eliminates vocational funding received an increase of only $5 Economic slowing down sharply, on education programs altogether. It com- million, which is not even enough to comparisons. When you look at a ro- pletely eliminates the supplemental keep up with inflation. So what are we bust job growth, and then also when educational opportunity grants, Per- talking about here? you look at what Bush is leaving for kins loan programs. I mean, our com- I often hear my colleagues on the the next person, the weakest job mitment to the development of our Na- other side of the aisle and their con- growth since the Hoover administration has to include a robust edu- cern about border protection. Well, this tion. cational system. is it folks. And it’s the other side of the I think when you look at this, I am We are in competition with nations aisle that has turned the other way in teeing this thing up, and the way I’m from around the world. And in other addressing the priorities through this trying to line it up, and Ms. CLARKE is nations they’re cranking out their en- budget. Cuts to port security, critical going to share with us, also, is the fact gineers and their scientists by the hun- transportation infrastructure, targeted that the only way we can bring about dreds. We’re struggling to keep up. infrastructure protection grants pro- change is in a bipartisan way that We’re struggling to be competitive. grams, and other important homeland

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I look forward to budget, this department is the depart- the last budget of Mr. Bush, the Repub- participating with you further in the ment that is responsible for enabling lican budget, which continues to future. us to travel across this Nation. And for plunge our country deeper and deeper And I want to thank you, Mr. Speak- those who have, unfortunately, been into debt, or do we, as we have in the er, for giving me this time during the put on the terrorist watch list, this is Democratic caucus, continue to push, 30-Something Working Group. the area where just a little bit of fund- to organize, to negotiate, to make sure Mr. MEEK of Florida. Ms. CLARKE, ing would have made the difference be- that the needs of all Americans are at- you are a proud member of the 30- tween how we are currently conducting tended to in this upcoming budget? It’s Something Working Group. business that has shown a low value for a mammoth task, but I believe, Mr. And, Mr. Speaker, as I mention a lot our civil liberties and really bringing MEEK, we are up to it. It is critical that on the floor, we just don’t come to the our processes up to date to meet the we do this. We have to get on good floor and say, hey, let’s go to the floor needs of real Americans. ground going forward. I mean, it’s and talk to our colleagues, let’s give a So it’s devastating. This budget is going to take a lot to get us out of this floor speech. Actually, there are is not reflective of the needs that Ameri- deficit. number of meetings that take place in cans have been talking about, are con- First of all, we are going to have to gathering this information to make cerned about, and it’s unfortunate. But bring an end to this war in Iraq be- sure that it is factual. And I think the it’s my hope that we will push, we will cause that’s unfettered spending. reason why we are a solid tree in the move, we will negotiate so that we can That’s unfettered spending. But, simul- forest, the 30-Something Working get some of this turned around in time taneously, we need to really set prior- Group, on both sides of the aisle and for it to make a difference in our lives. ities for the American people. And that dealing with the executive branch is Just think about cuts to child care priority has to be demonstrated in the that we do our homework. We don’t development block grants, when so budget that we pass here. It has to be just come to the floor to say things many parents now need that extra as- demonstrated in the way in which we that we think sound good. It’s actually sistance to be able to make sure that fund the critical areas of our growth something backed up by fact, not fic- their families are well taken care of as and our development as a Nation. And, tion. And I think it’s important. If we they earn income to keep up with the believe me, this budget falls far short were to play more in the fact versus cost of living. The Low Income Home of that. fiction arena, I think we would get a Energy Assistance Program, as my col- It’s time for folks to get their act to- lot more done here in Washington, DC. league Mr. MEEK talked about, this is gether. This Republican budget plunges Some of the things that we talked critical in the northeast region where this country deeper into debt. We can- about in the stimulus package, just to energy costs are skyrocketing and not afford that. We must become much recap, are things that are not there. we’re seeing some of the worst record more sober about our work here and There were some unemployment issues winters in my lifetime, perhaps in recognize that in order for us to grow, that folks wanted in there. There were many folks’ lifetime, and not only here we have to make sure our educational some infrastructure issues and putting but in the Midwest and up the whole system is sound, our health care sys- Americans to work, need it be building northern seacoast. tem is sound, and certainly make sure bridges or building roads or what have, Social services block grants, these that our homeland is protected. And to put Americans to work. have been the areas where our commu- based on what we have received thus Also, there was a great discussion nities have been just sort of held to- far, the Republican budget falls ex- about green collar jobs. When you talk gether by a safety net. It continues to tremely short of that, and that is to- about green collar jobs, a lot of folks be cuts. tally unacceptable. hear that out in the political world, And then of all places, veterans’ So, Mr. MEEK, I know that our time but I don’t think people really break it health care. We talk so much about our together here is winding down. I just down to what it really means. And concern and our gratitude to veterans wanted to say that this is a very im- those jobs where we can reduce energy particularly in this time of war, and it portant time for this House. And as we costs in many of our communities. For is just so hypocritical to see the type look at our priorities going forward, instance, if you have a flat or an an- of budget cuts that are taking place in the stimulus package gave us a window gled roof, trying to put sod on the top, terms of health care services for our into where we are right now, and that seal it off and put sod on the top to wounded warriors. This is unbelievable. is we are in an economic crisis. And bring that heating and also cooling The Republican budget also assumes anyone who can’t see the writing on cost down, that will be a green collar that the alternative minimum tax is the wall is walking around with blind- job. That won’t be an overseas job. not fixed. This assumes a significant ers on. When you compound the eco- That will be a job where someone could increase in taxes for over 21 million nomic distress that we are in with a have dropped out of high school or Americans after 2009, 21 million Ameri- budget that doesn’t account for hun- graduated from high school, those that cans, and enacting a permanent fix to dreds of billions of dollars that can be went on and received a 4-year edu- prevent this tax from taking effect will spent at a moment’s notice, particu- cation, those who went on to a mas- cost about $313 billion over the next 5 larly in the misadventure in Iraq, and ter’s, doctorate’s, architect’s, all of years, and it is something that we as neglects to build the infrastructure of these folks will be employed through Democrats are committed to doing. the Nation, areas of education where those kinds of efforts. Yet nothing, we receive nothing in this we become competitive, our talent is We have had an economy, Mr. Speak- budget that indicates that we are gear- cultivated and developed, providing the er and Ms. CLARKE, that has been real- ing up to address this very important support systems for working families ly based on borrowing, when you think issue for working-class Americans. like child care support, being able to about it. The economy has been set to- The Republican budget does not con- make sure that we are healthy enough wards your taking out that second tain accurate numbers for the cost of as Americans to continue to do the job mortgage to keep the economy going, the Iraq War, as has been stated by my and being productive, these areas are cutting interest rates to encourage colleague Mr. MEEK, and the adminis- very important and crucial areas for us more borrowing. Back in the old school tration requested $70 billion, but the to move this Nation in the 21st cen- not too far along, I remember when average monthly cost of the war is over tury. folks wouldn’t buy a car unless they

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And then now I’m all into the American people. gency with respect to Liberia that was declared in Executive Order 13348 of July 22, this thing for 5 or 6 years, and in some With that, Mr. Speaker, we would 2004, pursuant to 50 U.S.C. 1641(c); to the instances for some Americans so they like to encourage the Members, if they Committee on Foreign Affairs. can have transportation to move their have any comments or anyone has any 5322. A letter from the Secretary, Depart- kids around and make it to their job, 9 comments based on the presentation ment of the Treasury, transmitting a six years. I have some constituents that tonight, to e-mail us at month periodic report on the national emer- are out there for 9 years on a car loan. [email protected]. gency with respect to Cote d’Ivoire that was So it’s a serious situation, and it is With that, Mr. Speaker, it was an declared in Executive Order 13396 of Feb- something that is an accepted practice honor addressing the House once again. ruary 7, 2006, pursuant to 50 U.S.C. 1641(c); to the Committee on Foreign Affairs. now. f When you have a home, of course, 5323. A letter from the Secretary, Depart- getting a loan, you know you will get LEAVE OF ABSENCE ment of the Treasury, transmitting a six some equity. Hopefully, that value will month periodic report on the national emer- By unanimous consent, leave of ab- gency with respect to Lebanon that was de- go up. But because of the economy, be- sence was granted to: clared in Executive Order 13441 of August 1, cause of the slowdown in the housing Mr. ORTIZ (at the request of Mr. 2007, pursuant to 50 U.S.C. 1641(c); to the market, values are not going up on HOYER) for today on account of busi- Committee on Foreign Affairs. homes. So some people are losing, and ness in the district. 5324. A letter from the Assistant Legal Ad- that’s the reason why we have this f viser for Treaty Affairs, Department of whole mortgage piece. Folks got ex- State, transmitting Copies of international cited again with subprime mortgages, SPECIAL ORDERS GRANTED agreements, other than treaties, entered into getting people into homes that they By unanimous consent, permission to by the United States, pursuant to 1 U.S.C. couldn’t afford, and we are in this situ- address the House, following the legis- 112b; to the Committee on Foreign Affairs. ation on a borrowed economy. So I lative program and any special orders 5325. A letter from the Deputy Director, think it’s important to be able to heretofore entered, was granted to: Defense Security Cooperation Agency, transmitting the Agency’s reports containing the break that, to be able to have an econ- (The following Members (at the re- 30 September 2007 status of loans and guar- omy based on jobs, not borrowing. quest of Mr. COHEN) to revise and ex- antees issued under Section 25(a)(11) of the And that’s the reason why it’s impor- tend their remarks and include extra- Arms Export Control Act; to the Committee tant that folks pay very close atten- neous material:) on Foreign Affairs. tion on whom they elect to be the next Mr. CUMMINGS, for 5 minutes, today. 5326. A letter from the Deputy Director, President of the United States, that Ms. WOOLSEY, for 5 minutes, today. Defense Security Cooperation Agency, trans- they pay very close attention to those Mr. HINCHEY, for 5 minutes, today. mitting a report in accordance with Section they have already elected to be able to Mr. DEFAZIO, for 5 minutes, today. 25(a)(6) of the Arms Export Control Act (AECA), describing and analyzing services govern here in this House and in the Ms. WATERS, for 5 minutes, today. Senate, because you shouldn’t forestall performed during FY 2007 by full-time USG Ms. LEE, for 5 minutes, today. employees who are performing services for this off to January of next year when Ms. KAPTUR, for 5 minutes, today. which reimbursement is provided under Sec- the next President, he or she, raises (The following Members (at the re- tion 21(a) or Section 43(b) of the AECA; to their hand on the west side of the Cap- quest of Mr. PRICE of Georgia) to revise the Committee on Foreign Affairs. itol and swear to uphold the Constitu- and extend their remarks and include 5327. A letter from the U.S. Global AIDS tion of the United States. We know extraneous material:) Coordinator, Department of State, transmit- that the President sets forth the budg- Mr. TIM MURPHY of Pennsylvania, for ting the report entitled, ‘‘The Power of Part- et. We know we also have a say here in 5 minutes, February 14. nerships,’’ the Fourth Annual Report of the the House. The Senate has a say. We Mr. PRICE of Georgia, for 5 minutes, President’s Emergency Plan for AIDS Relief, should exercise that. today. pursuant to Public Law 108–25, section 301; to the Committee on Foreign Affairs. I think, Ms. CLARKE, your presen- f tation was right on target. And I’m 5328. A letter from the Chairman, Council glad you said that I was being kind, be- BILL PRESENTED TO THE of the District of Columbia, transmitting a PRESIDENT copy of D.C. ACT 17–281, ‘‘Non-Resident Taxi cause I am glad that Brooklyn is rep- Drivers Registration Amendment Act of resented once again, making sure that Lorraine C. Miller, Clerk of the 2008,’’ pursuant to D.C. Code section 1– people know what they need to know. House reports that on February 12, 2008 233(c)(1); to the Committee on Oversight and With that, Mr. Speaker, we’re going she presented to the President of the Government Reform. to continue to work on this issue of the United States, for his approval, the fol- 5329. A letter from the Executive Director, budget. We want to come back and get lowing bill. Christopher Columbus Fellowship Founda- tion, transmitting pursuant to the Account- into further detail as it relates to in- H.R. 3541. To amend the ‘Do-not-call’ Im- ability of Tax Dollars Act, the Foundation’s centives that are out there for small plementation Act to eliminate the auto- Form and Content Reports/Financial State- businesses and also for families that matic removal of telephone numbers reg- ments for the First Quarter of FY 2008 ended are eligible for rebates, working fami- istered on the Federal ‘do-not-call’ registry. December 31, 2007, as prepared by the U.S. lies, and also continue to shed light on f General Services Administration; to the the Bush tax cuts that are out there. I ADJOURNMENT Committee on Oversight and Government think it’s important that people pay Reform. very close attention. How did we get to Mr. MEEK of Florida. Mr. Speaker, I 5330. A letter from the Secretary, Depart- those recordbreaking deficits, giving move that the House do now adjourn. ment of Education, transmitting in accord- people tax breaks that they didn’t ask The motion was agreed to; accordance with Section 647(b) of Division F of the for. And that is not turning over into ingly (at 9 o’clock p.m.), the House ad- Consolidated Appropriations Act, FY 2004, the economy, because if it was turning journed until tomorrow, Thursday, Pub. L. 108–199, the Department’s Report to over into the economy, we would not February 14, 2008, at 10 a.m. Congress on FY 2007 Competitive Sourcing have had to pass a stimulus package. Efforts; to the Committee on Oversight and f Government Reform. We wouldn’t be on the floor talking 5331. A letter from the White House Liai- about some of the issues that we are EXECUTIVE COMMUNICATIONS, ETC. son, Department of Health and Human Serv- facing right now. ices, transmitting a report pursuant to the So we are about solutions. That’s Under clause 8 of rule XII, executive Federal Vacancies Reform Act of 1998; to the why we come to the floor this time of communications were taken from the Committee on Oversight and Government night, with the Democratic majority Speaker’s table and referred as follows: Reform.

VerDate Mar 15 2010 13:05 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR08\H13FE8.002 H13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2154 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 2 February 13, 2008 5332. A letter from the Secretary, Depart- 5343. A letter from the Program Analyst, Directorate Identifier 2007–NM–241–AD; ment of Labor, transmitting the Depart- Department of Transportation, transmitting Amendment 39–15246; AD 2007–22–10] (RIN: ment’s Performance and Accountability Re- the Department’s final rule—Airworthiness 2120–AA64) received February 5, 2008, pursu- port Highlights 2007; to the Committee on Directives; Bell Helicopter Textron Canada ant to 5 U.S.C. 801(a)(1)(A); to the Committee Oversight and Government Reform. Model 206A and 206B Helicopters [Docket No. on Transportation and Infrastructure. 5333. A letter from the Attorney Advisor, FAA–2007–0176; Directorate Identifier 2007– 5351. A letter from the Deputy Director, Department of Transportation, transmitting SW–14–AD; Amendment 39–15263; AD 2007–23– Defense Security Cooperation Agency, trans- a report pursuant to the Federal Vacancies 17] (RIN: 2120–AA64) received February 5, mitting notification that the Department in- Reform Act of 1998; to the Committee on 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the tends to use FY 2008 IMET funds for the en- Oversight and Government Reform. Committee on Transportation and Infra- closed list of countries, pursuant to Public 5334. A letter from the Administrator, En- structure. Law 110–161; jointly to the Committees on vironmental Protection Agency, transmit- 5344. A letter from the Program Analyst, Foreign Affairs and Appropriations. ting the Agency’s report entitled ‘‘Annual Department of Transportation, transmitting f Report to Congress on Implementation of the Department’s final rule—Airworthiness REPORTS OF COMMITTEES ON Public Law 106–107’’; to the Committee on Directives; Boeing Model 737–100, –200, –200C, Oversight and Government Reform. –300, –400, and –500 Series Airplanes [Docket PUBLIC BILLS AND RESOLUTIONS 5335. A letter from the Comptroller Gen- No. FAA–2007–0211; Directorate Identifier Under clause 2, of rule XIII, reports eral, Government Accountability Office, 2007–NM–221–AD; Amendment 39–15268; AD of committees were delivered to the transmitting the Office’s Performance and 2007–24–02] (RIN: 2120–AA64) received Feb- Clerk for printing and reference to the Accountability Highlights for Fiscal Year ruary 5, 2008, pursuant to 5 U.S.C. proper calendar, as follows: 2007; to the Committee on Oversight and 801(a)(1)(A); to the Committee on Transpor- Ms. SLAUGHTER: Committee on rules. Government Reform. tation and Infrastructure. House Resolution 982. Resolution providing 5336. A letter from the Chairman, Nuclear 5345. A letter from the Program Analyst, for the adoption of the resolution (H. Res. Regulatory Commission, transmitting the Department of Transportation, transmitting 979) recommending that the House of Rep- Commission’s Fiscal Year 2009 Performance the Department’s final rule—Airworthiness resentatives find Harriet Miers and Joshua Budget, in accordance with the Government Directives; Bell Helicopter Textron Canada Bolten, Chief of Staff, White House, in con- Performance and Results Act of 1993; to the Limited Model 206A, 206B, 206L, 206L–1, 206L– tempt of Congress for refusal to comply with Committee on Oversight and Government 3, 206L–4, 222, 222B, 222U, 230, 407, 427, and 430 subpoenas duly issued by the Committee on Reform. Helicopters [Docket No. FAA–2007–0179; Di- the Judiciary and for the adoption of the res- 5337. A letter from the Director, Office of rectorate Identifier 2007–SW–36–AD; Amend- olution (H. Res. 980) authorizing the Com- Government Ethics, transmitting the Of- ment 39–15264; AD 2007–19–52] (RIN: 2120– mittee on the Judiciary to initiate or inter- fice’s FY 2007 Annual Federal Information AA64) received February 5, 2008, pursuant to vene in judicial proceedings to enforce cer- Security Management Act and Privacy Man- 5 U.S.C. 801(a)(1)(A); to the Committee on tain subpoenas (Rept. 110–526). Referred to agement Report, pursuant to 44 U.S.C. Transportation and Infrastructure. the House Calendar. 3544(c); to the Committee on Oversight and 5346. A letter from the Program Analyst, Mr. ARCURI: Committee on Rules. House Government Reform. Department of Transportation, transmitting Resolution 983. Resolution waiving a require- 5338. A letter from the Acting Controller, the Department’s final rule—Airworthiness ment of clause 6(a) of rule XIII with respect Office of Management and Budget, transmit- Directives; Cessna Aircraft Company, Model to consideration of certain resolutions re- ting the 2007 Federal Financial Management 525B Airplanes [Docket No. FAA–2007–0198; ported from the Committee on Rules and Report as required by the Chief Financial Of- Directorate Identifier 2007–CE–085–AD; providing for consideration of motions to ficers (CFO) Act of 1990, marking the 15th re- Amendment 39–15262; AD 2007–23–16] (RIN: suspend the rules (Rept. 110–527). Referred to port submitted by the Office of Management 2120–AA64) received February 5, 2008, pursu- the House Calendar. and Budget (OMB) on the government-wide ant to 5 U.S.C. 801(a)(1)(A); to the Committee f status of financial management; to the Com- on Transportation and Infrastructure. mittee on Oversight and Government Re- 5347. A letter from the Program Analyst, PUBLIC BILLS AND RESOLUTIONS form. Department of Transportation, transmitting Under clause 2 of rule XII, public 5339. A letter from the Secretary, Postal the Department’s final rule—Airworthiness bills and resolutions were introduced Regulatory Commission, transmitting a re- Directives; Diamond Aircraft Industries port pursuant to the Federal Vacancies Re- Model DA 42 Airplanes [Docket No. FAA– and severally referred, as follows: form Act of 1998; to the Committee on Over- 2007–28955 Directorate Identifier 2007–CE–067– By Mr. FRANK of Massachusetts (for sight and Government Reform. AD; Amendment 39–15260; AD 2007–23–14] himself, Mr. YOUNG of Alaska, Mr. 5340. A letter from the Program Analyst, (RIN: 2120–AA64) received February 5, 2008, TIERNEY, Mr. GILCHREST, Mr. Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- DELAHUNT, Mr. KENNEDY, and Mr. the Department’s final rule—Airworthiness mittee on Transportation and Infrastruc- ALLEN): Directives; Eclipse Aviation Corporation ture. H.R. 5404. A bill to amend the Public Model EA500 Airplanes [Docket No. FAA– 5348. A letter from the Program Analyst, Health Service Act to establish a Federal 2007–0247; Directorate Identifier 2007–CE–083– Department of Transportation, transmitting grant program to provide increased health AD; Amendment 39–15278; AD 2007–24–12] the Department’s final rule—Airworthiness care coverage to and access for uninsured (RIN: 2120–AA64) received February 5, 2008, Directives; Aeromot-Industria Mecanico and underinsured workers and families in the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Metalurgica Ltda. Model AMT–100/200/200S/ commercial fishing industry, and for other mittee on Transportation and Infrastruc- 300 Gliders [Docket No. FAA–2007–28844 Di- purposes; to the Committee on Energy and ture. rectorate Identifier 2007–CE–066–AD; Amend- Commerce. 5341. A letter from the Program Analyst, ment 39–15261; AD 2007–23–15] (RIN: 2120– By Mr. KIRK (for himself and Mr. Department of Transportation, transmitting AA64) received February 5, 2008, pursuant to ROSKAM): H.R. 5405. A bill to protect seniors from the Department’s final rule—Airworthiness 5 U.S.C. 801(a)(1)(A); to the Committee on identity theft and strengthen our national Directives; Boeing Model 747–100B SUD, 747– Transportation and Infrastructure. security by providing for the issuance of a 200B, 747–300, 747–400, and 747–400D Series Air- 5349. A letter from the Program Analyst, secure Social Security card; to the Com- planes [Docket No. FAA–2007–0194; Direc- Department of Transportation, transmitting mittee on Ways and Means. torate Identifier 2007–NM–306–AD; Amend- the Department’s final rule—Airworthiness By Mr. SULLIVAN: ment 39–15266; AD 2007–23–18] (RIN: 2120– Directives; Bell Helicopter Textron, Inc. H.R. 5406. A bill to suspend temporarily the AA64) received February 5, 2008, pursuant to Model 204B, 205A, 205A–1, 205B, 210, 212, 412, duty on over-the-range microwaves; to the 5 U.S.C. 801(a)(1)(A); to the Committee on 412EP, and 412CF Helicopters [Docket No. Committee on Ways and Means. Transportation and Infrastructure. FAA–2007–0180; Directorate Identifier 2007– By Mr. ACKERMAN: 5342. A letter from the Program Analyst, SW–37–AD; Amendment 39–15265; AD 2007–19– H.R. 5407. A bill to suspend temporarily the Department of Transportation, transmitting 53] (RIN: 2120–AA64) received February 5, duty on certain wooden wall plates; to the the Department’s final rule—Airworthiness 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. Directives; CFM International, S.A. CFM56– Committee on Transportation and Infra- By Mr. BISHOP of Georgia: 5C4/1 Series Turbofan Engines [Docket No. structure. H.R. 5408. A bill to extend the temporary FAA–2007–0108; Directorate Identifier 2001– 5350. A letter from the Program Analyst, suspension of duty on Paraquat dichloride NE–15–AD; Amendment 39–15270; AD 2007–24– Department of Transportation, transmitting (1,1’dimethyl-4,4’-bipyridinium dichloride); 04] (RIN: 2120–AA64) received February 5, the Department’s final rule—Airworthiness to the Committee on Ways and Means. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Airbus Model A330–200, A330–300, By Mr. BISHOP of Georgia: Committee on Transportation and Infra- A340–200, A340–300, A340–500, and A340–600 Se- H.R. 5409. A bill to extend the temporary structure. ries Airplanes [Docket No. FAA–2007–0076; suspension of duty on 4-(trifluoromethyl)-

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benzaldehyde; to the Committee on Ways of North Carolina, Mr. KENNEDY, Mr. sioned officers in the Armed Forces; to the and Means. LOBIONDO, Mr. ANDREWS, Mr. BROWN Committee on Armed Services. By Mr. BISHOP of Georgia: of South Carolina, and Mr. LAMPSON): By Mr. BILIRAKIS: H.R. 5410. A bill to extend the temporary H.R. 5425. A bill to amend the Magnuson- H. Con. Res. 295. Concurrent resolution ex- suspension of duty on 3-oxido-5-oxo-4- Stevens Fishery Conservation and Manage- pressing the deepest appreciation of Congress propionylcyclohex-3-enecarboxylic acid cal- ment Act to extend the authorized time pe- to the families of members of the United cium salt; to the Committee on Ways and riod for rebuilding of certain overfished fish- States Armed Forces; to the Committee on Means. eries, and for other purposes; to the Com- Armed Services. By Mr. BISHOP of Georgia: mittee on Natural Resources. By Mr. BOOZMAN (for himself, Mr. H.R. 5411. A bill to extend the temporary By Mr. PASCRELL (for himself and SNYDER, Mr. ROSS, and Mr. BERRY): suspension of duty on Methyl (E)- Mr. LEWIS of Kentucky): H. Con. Res. 296. Concurrent resolution ex- methoxyimino-2(2-o-tolyloxymethyl) phenyl) H.R. 5426. A bill to amend title XVIII of the pressing support for the designation of Au- acetate (kresoxim methyl); to the Com- Social Security Act to increase the per resi- gust 2008 as ‘‘National Heat Stroke Aware- mittee on Ways and Means. dent payment floor for direct graduate med- ness Month’’ to raise awareness and encour- By Mr. BISHOP of Georgia: ical education payments under the Medicare age prevention of heat stroke; to the Com- H.R. 5412. A bill to suspend temporarily the Program; to the Committee on Ways and mittee on Energy and Commerce. duty on 4-[3-(4-chlorophenyl)-3-(3,4- Means, and in addition to the Committee on By Mr. CONYERS: dimethoxyphenyl)-1-oxo-2-propen Energy and Commerce, for a period to be H. Res. 979. A resolution recommending yl]morpholine; to the Committee on Ways subsequently determined by the Speaker, in that the House of Representatives find Har- and Means. each case for consideration of such provi- riet Miers and Joshua Bolten, Chief of Staff, By Mr. ETHERIDGE: sions as fall within the jurisdiction of the White House, in contempt of Congress for re- H.R. 5413. A bill to suspend temporarily the committee concerned. fusal to comply with subpoenas duly issued duty on Thionyl chloride; to the Committee By Mr. PAUL: by the Committee on the Judiciary; to the on Ways and Means. H.R. 5427. A bill to provide that no tax or Committee on the Judiciary. By Mr. ETHERIDGE: fee may be imposed on certain coins and bul- By Mr. CONYERS: H.R. 5414. A bill to suspend temporarily the lion; to the Committee on Ways and Means, H. Res. 980. A resolution authorizing the duty on Phosphorus Thiochloride; to the and in addition to the Committee on the Ju- Committee on the Judiciary to initiate or in- Committee on Ways and Means. diciary, for a period to be subsequently de- tervene in judicial procedings to enforce cer- By Mr. ETHERIDGE: termined by the Speaker, in each case for tain subpoenas; to the Committee on Rules. H.R. 5415. A bill to suspend temporarily the consideration of such provisions as fall with- By Ms. BALDWIN (for herself and Mr. duty on Sodium Methylate; to the Com- in the jurisdiction of the committee con- SESSIONS): mittee on Ways and Means. cerned. H. Res. 981. A resolution recognizing March By Mr. ETHERIDGE: By Mrs. TAUSCHER: 6, 2008, as the first-ever World Glaucoma H.R. 5416. A bill to suspend temporarily the H.R. 5428. A bill to direct the Commandant Day, established to increase awareness of duty on Spiroxamine; to the Committee on of the Coast Guard to issue regulations re- glaucoma, which is the second leading cause Ways and Means. quiring pilots of certain vessels to carry and of preventable blindness in the United States By Mr. ETHERIDGE: utilize a portable electronic device equipped and worldwide; to the Committee on Energy H.R. 5417. A bill to extend the temporary for navigational purposes, and for other pur- and Commerce. suspension of duty on Permethrin; to the poses; to the Committee on Transportation By Ms. GIFFORDS (for herself, Mr. Committee on Ways and Means. and Infrastructure. BURGESS, Mrs. CUBIN, Mr. CUELLAR, By Mr. ETHERIDGE: By Mr. YOUNG of Alaska: Mr. HALL of Texas, Mr. HUNTER, Mr. H.R. 5418. A bill to extend the temporary H.R. 5429. A bill to amend the Marine DANIEL E. LUNGREN of California, Mr. suspension of duty on 2-Chloro benzyl chlo- Mammal Protection Act of 1972 to authorize REHBERG, Mr. RODRIGUEZ, Mr. ride; to the Committee on Ways and Means. appropriations for marine mammal coopera- SALAZAR, Mr. SESSIONS, and Mr. By Mr. ETHERIDGE: tive management agreements in Alaska, and MITCHELL): H.R. 5419. A bill to suspend temporarily the for other purposes; to the Committee on Nat- H. Res. 984. A resolution expressing support duty on product mixtures containing ural Resources. for the designation of July 26, 2008 as ‘‘Na- Imidacloprid: 1-(6-Chloro-3-pyridinyl)methyl- By Mr. ELLISON: tional Day of the Cowboy’’; to the Com- N-nitroimidazolidin-2-ylidene amine Z9: (9Z)- H.R. 5430. A bill to suspend temporarily the mittee on Oversight and Government Re- 9-Tricosene; to the Committee on Ways and duty on certain porous hollow fibers; to the form. Means. Committee on Ways and Means. By Mr. TERRY: By Mr. ETHERIDGE: By Mr. ELLISON: H. Res. 985. A resolution expressing support H.R. 5420. A bill to extend the temporary H.R. 5431. A bill to suspend temporarily the for the designation of March 7 as National suspension of duty on Resmethrin; to the duty on certain cellular plastic sheets for Information and Referral Services Day; to Committee on Ways and Means. use in filters; to the Committee on Ways and the Committee on Energy and Commerce. By Mr. ETHERIDGE: Means. f H.R. 5421. A bill to extend the temporary By Mr. ELLISON: suspension of duty on N-3[3-(1- H.R. 5432. A bill to suspend temporarily the PRIVATE BILLS AND methylethoxy)phenyl]-2- duty on certain plastic mesh for use in fil- RESOLUTIONS (trifluoromethyl)benzamide; to the Com- ters; to the Committee on Ways and Means. mittee on Ways and Means. By Mr. ELLISON: Under clause 3 of rule XII, By Mr. ETHERIDGE: H.R. 5433. A bill to suspend temporarily the Mr. RANGEL introduced a bill (H.R. 5436) H.R. 5422. A bill to extend the temporary duty on certain plastic fittings; to the Com- for the relief of Kadiatou Diallo, Sankerala suspension of duty on mixtures containing mittee on Ways and Means. Diallo, Ibrahima Diallo, Abdoul Diallo, methyl 2-(4,5-dihydro-4-methyl-5-oxo-3- By Mr. HENSARLING: Mamadou Bobo Diallo, and Mamadou Pathe propoxy-1H-1,2,4-triazol-1-y H.R. 5434. A bill to protect innocent Ameri- Diallo; which was referred to the Committee l)carboxamidosulfonylbenzoate; sodium (4,5- cans from violent crime in national parks; to on the Judiciary. dihydro-4-methyl-5-oxo-3-propoxy-1H-1,2,4- the Committee on Natural Resources. f triazol-1-ylcarbonyl)(2-methoxy- By Ms. SOLIS (for herself, Mr. carbonylphenylsulfonyl)azanide & methyl 4- RODRIGUEZ, and Mrs. CAPPS): ADDITIONAL SPONSORS iodo-2-[3-(4-methoxy-6-methy; to the Com- H.R. 5435. A bill to address the digital tele- Under clause 7 of rule XII, sponsors mittee on Ways and Means. vision transition in border states; to the By Mr. FERGUSON: Committee on Energy and Commerce. were added to public bills and resolu- H.R. 5423. A bill to extend and modify the By Mr. HOYER: tions as follows: suspension of duty on polyisobutylene; to H. Con. Res. 293. Concurrent resolution H.R. 82: Mr. CHABOT. the Committee on Ways and Means. providing for an adjournment or recess of the H.R. 136: Mr. GOODE. By Ms. NORTON: two Houses; considered and agreed to. H.R. 260: Mr. GOHMERT. H.R. 5424. A bill to prohibit the charging of By Mr. ABERCROMBIE (for himself, H.R. 303: Mr. COHEN. any fee for admission to any permanent ex- Mr. PAUL, Mr. BRADY of Pennsyl- H.R. 368: Mr. ALEXANDER and Mr. KELLER. hibit in any museum or facility of the vania, and Mrs. DRAKE): H.R. 506: Ms. SOLIS. Smithsonian Institution; to the Committee H. Con. Res. 294. Concurrent resolution ex- H.R. 555: Mr. DAVIS of Illinois. on House Administration. pressing the sense of Congress that the Sec- H.R. 618: Mr. RYAN of Wisconsin. By Mr. PALLONE (for himself, Mr. retary of Defense take immediate steps to H.R. 643: Mr. KLEIN of Florida. FRANK of Massachusetts, Mr. JONES appoint doctors of chiropractic as commis- H.R. 690: Mr. KIND.

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H.R. 706: Mr. MCGOVERN, Ms. HARMAN, Mr. H.R. 3282: Mr. YOUNG of Florida and Mr. H. Con. Res. 244: Mr. BAIRD and Mr. MCNERNEY, Mr. COSTA, Ms. ROYBAL-ALLARD, SHAYS. CAPUANO. Mrs. BONO Mack, Ms. LORETTA SANCHEZ of H.R. 3303: Mr. PETRI. H. Con. Res. 263: Mr. UPTON. California, and Ms. Richardson. H.R. 3453: Mr. WALZ of Minnesota, Mr. H. Con. Res. 285: Mr. COSTELLO and Mr. H.R. 715: Mr. NEAL of Massachusetts. FRANK of Massachusetts, and Mrs. DAVIS of PATRICK MURPHY of Pennsylvania. H.R. 849: Mr. GOODE. California. H. Con. Res. 289: Mr. BACA, Mr. H.R. 850: Mr. GOODE. H.R. 3457: Mr. SENSENBRENNER. BUTTERFIELD, and Mr. HONDA. H.R. 871: Mr. TOWNS. H.R. 3563: Mr. CLAY. H. Res. 49: Mr. GENE GREEN of Texas. H.R. 3616: Mr. WILSON of Ohio. H.R. 971: Mr. WITTMAN of Virginia. H. Res. 259: Mr. SCHIFF, and Mr. KILDEE. H.R. 3642: Mr. SCOTT of Virginia. H.R. 1014: Mr. HOLT. H. Res. 543: Mr. WOLF. H.R. 3652: Mr. WATT. H.R. 1076: Mr. HALL of Texas. H. Res. 711: Mr. MCGOVERN. H.R. 1078: Mr. MARKEY. H.R. 3654: Mrs. MYRICK, Mr. PITTS, and Mr. H. Res. 753: Mr. PETERSON of Pennsylvania. H.R. 1306: Mr. ALTMIRE. WITTMAN of Virginia. H. Res. 820: Mr. GRIJALVA. H.R. 1359: Mr. BROUN of Georgia. H.R. 3674: Mr. SHAYS and Mr. COURTNEY. H. Res. 892: Mr. WHITFIELD of Kentucky, H.R. 1363: Mr. JOHNSON of Georgia. H.R. 3697: Mr. CUELLAR and Mr. HILL. Mr. ANDREWS, Mr. BARROW, Mr. MARSHALL, H.R. 1436: Mr. SAXTON. H.R. 3822: Mr. WALZ of Minnesota. Mr. MELANCON, Mr. BERRY, Ms. MATSUI, Mr. H.R. 1439: Mr. WALDEN of Oregon. H.R. 3980: Mr. FARR. HOBSON, Mr. LARSEN of Washington, Mr. COO- H.R. 1537: Mr. ELLSWORTH. H.R. 4008: Ms. MCCOLLUM of Minnesota, Mr. PER, Mr. SHULER, Mr. SPACE, Mr. PATRICK H.R. 1539: Mr. MARCHANT. SESSIONS, Mr. KUHL of New York, Mrs. MURPHY of Pennsylvania, Mr. CARNEY, Mr. H.R. 1576: Ms. GIFFORDS, Ms. ROS- TAUSCHER, Mr. SIRES, Mr. ARCURI, Mr. SESTAK, Mr. PALLONE, Mr. SIRES, Mr. LEHTINEN, and Ms. ESHOO. MARCHANT, and Mr. ACKERMAN. BOUSTANY, Ms. HIRONO, Mrs. GILLIBRAND, Mr. H.R. 1643: Mr. GALLEGLY. H.R. 4061: Mr. CAMPBELL of California and SALAZAR, Mr. GRIJALVA, Mr. KLEIN of Flor- H.R. 1644: Mr. RAHALL and Mr. HERSETH Mr. BAIRD. H.R. 4091: Mr. RYAN of Ohio. ida, Mr. COURTNEY, Ms. ESHOO, Ms. KAPTUR, SANDLIN. H.R. 4099: Mr. NUNES. Ms. SUTTON, Mr. VAN HOLLEN, Mr. ISRAEL, H.R. 1653: Ms. DELAURO and Mr. JOHNSON of Mr. HILL, Mr. LINCOLN DAVIS of Tennessee, Georgia. H.R. 4105: Ms. WASSERMAN SCHULTZ and Mr. WELDON of Florida. Mrs. JONES of Ohio, Mr. MATHESON, Mr. GON- H.R. 1665: Ms. SHEA-PORTER. H.R. 4116: Mr. WALBERG, Mr. WHITFIELD of ZALEZ, Mr. HARE, Ms. RICHARDSON, Mr. MUR- H.R. 1767: Mr. AKIN and Mr. GRAVES. Kentucky, Mr. LOBIONDO, and Mr. PASTOR. PHY of Pennsylvania, Mr. KAGEN, Mr. JOR- H.R. 1783: Mr. MARKEY and Mr. ROSS. H.R. 4129: Ms. SCHAKOWSKY. DAN, Mr. MITCHELL, Mr. GOODE, Mr. H.R. 1890: Mr. ROSS and Mr. GENE GREEN of H.R. 4173: Mr. MURPHY of Connecticut and RODRIGUEZ, Mr. LOEBSACK, Ms. CASTOR, Mr. Texas. Mr. MCDERMOTT. HODES, Mr. ELLSWORTH, Mr. ROSS, Mr. TAN- H.R. 2040: Mr. LEWIS of Kentucky, Mrs. H.R. 4188: Mr. GONZALEZ. NER, Ms. BALDWIN, Mr. COSTELLO, Ms. BLACKBURN, Mr. RYAN of Wisconsin, Mrs. H.R. 4196: Mr. GRIJALVA. WASSERMAN SCHULTZ, Mr. DONNELLY, Mr. BONO MACK, Mr. EHLERS, Mr. PEARCE, Mr. H.R. 4296: Mrs. GILLIBRAND. ARCURI, Mr. RYAN of Ohio, Mr. SCOTT of Vir- DEAL of Georgia, Mr. WELDON of Florida, Mr. H.R. 4355: Mr. MCCARTHY of California and ginia, and Mr. TIM WILSON of South Carolina. STEARNS, Mr. FOSSELLA, Mr. ROHRABACHER, Mr. ARCURI. H. Res. 924: Mr. ARCURI. Mr. DANIEL E. LUNGREN of California, Mrs. H.R. 4449: Mr. HOLT. H. Res. 937: Mr. DONNELLY, Mr. PASTOR, BACHMANN, Mr. GOODLATTE, Mr. BOUSTANY, H.R. 4450: Mr. SCOTT of Virginia and Mr. and Mr. GOODE. Mr. ALEXANDER, Mr. CRENSHAW, Mr. YOUNG COHEN. H. Res. 945: Mr. SCOTT of Georgia. of Florida, Mr. EVERETT, and Mrs. DAVIS of H.R. 4611: Ms. ESHOO. H. Res. 951: Mr. BONNER, Mr. CARTER, Mr. California. H.R. 4749: Mr. SALI. DAVIS of Kentucky, Mr. GOODE, Mr. HELLER, H.R. 2091: Mr. SOUDER, Mr. CAMP of Michi- H.R. 4838: Mr. BLUMENAUER and Ms. MCCOL- Mr. JORDAN, Mrs. MALONEY of New York, Mr. gan, and Mr. SCOTT of Georgia. LUM of Minnesota. PEARCE, Mr. MAHONEY of Florida, Mr. SALI, H.R. 2131: Mr. FERGUSON. H.R. 4852: Ms. FOXX, Mr. GARRETT of New Mr. WILSON of South Carolina, and Mr. H.R. 2232: Mr. DOYLE. Jersey, Mr. BROUN of Georgia, Mr. ALEX- YOUNG of Florida. H.R. 2303: Mr. MAHONEY of Florida, Mr. ANDER, and Mr. DONNELLY. H. Res. 953: Mr. LATOURETTE, Mrs. MYRICK, MACK, Mr. EDWARDS, Mr. BROWN of South H.R. 4935: Mr. SESSIONS, Mr. WELDON of Mr. YOUNG of Florida, and Mr. SAXTON. Carolina, and Mr. HONDA. Florida, and Mr. ALTMIRE. H. Res. 958: Mr. WITTMAN of Virginia, Mr. H.R. 2325: Mr. NEUGEBAUER. H.R. 5056: Mr. BLUMENAUER. AKIN, Mr. BLUNT, Mr. PENCE, Mr. GOODE, Mr. H.R. 2392: Ms. SUTTON. H.R. 5058: Mr. GRIJALVA. MARCHANT, Mr. GINGREY, Mrs. BACHMANN, H.R. 2458: Ms. GIFFORDS. H.R. 5109: Mr. WITTMAN of Virginia, Mr. Mr. HERGER, Mr. YOUNG of Florida, and Mr. H.R. 2503: Ms. DEGETTE. CHABOT, Mr. BOOZMAN, and Mr. ROYCE. GARRETT of New Jersey. H.R. 2564: Mr. FEENEY. H.R. 5152: Mr. GALLEGLY and Mr. SHIMKUS. H.R. 2593: Ms. ESHOO. H.R. 5161: Mr. GINGREY. H. Res. 959: Mr. PITTS, Mr. MARCHANT, Mr. H.R. 2702: Mr. BARTLETT of Maryland. H.R. 5173: Ms. HOOLEY. WALBERG, Mr. SAM JOHNSON of Texas, Mrs. H.R. 2708: Ms. HIRONO. H.R. 5178: Ms. BERKLEY and Mr. COHEN. MYRICK, Mr. KLINE of Minnesota, Mr. FRANKS H.R. 2744: Ms. RICHARDSON, Mr. MCINTYRE, H.R. 5179: Mr. HINCHEY and Mr. PASTOR. of Arizona, Mr. CHABOT, Mr. CONAWAY, Mr. and Mrs. BIGGERT. H.R. 5232: Mrs. BLACKBURN, Mrs. DRAKE, PRICE of Georgia, Mr. BILBRAY, Mr. KING of H.R. 2820: Mr. MEEK of Florida. and Mr. CULBERSON. Iowa, Mr. LAMBORN, Mr. BARRETT of South H.R. 2923: Mr. YOUNG of Florida. H.R. 5233: Mrs. MYRICK. Carolina, Mr. CAMPBELL of California, Mr. H.R. 2991: Ms. HARMAN, Mr. BOSWELL, Ms. H.R. 5236: Mr. SHULER and Mr. BERRY. DAVID DAVIS of Tennessee, Mr. BRADY of SCHAKOWSKY, Mr. PASCRELL, and Mr. H.R. 5244: Mr. ACKERMAN, Mr. MCGOVERN, Texas, Mr. HERGER, Mrs. BLACKBURN, Mr. SALAZAR. Mr. HALL of New York, Mr. FILNER, Mr. GINGREY, and Mrs. BACHMANN. H.R. 3005: Mr. THOMPSON of Mississippi, Ms. MCNULTY, Mr. GRIJALVA, Mr. PAYNE, Mr. H. Res. 962: Ms. MATSUI, Mr. BERMAN, and CORRINE BROWN of Florida, Mr. BUTTERFIELD, MCDERMOTT, and Mr. REYES. Mr. COSTA. Mr. SCOTT of Virginia, Mr. LEWIS of Georgia, H.R. 5268: Mrs. MCCARTHY of New York. H. Res. 968: Ms. GIFFORDS, Mr. ISRAEL, Mr. Ms. JACKSON-LEE of Texas, Mr. MEEKS of H.R. 5400: Ms. PRYCE of Ohio, Mrs. BARTLETT of Maryland, and Mr. ROHR- New York, Mr. BISHOP of Georgia, and Mr. SCHMIDT, Mr. REGULA, and Mr. SPACE. ABACHER. MEEK of Florida. H.J. Res. 1: Mr. LAMBORN. H. Res. 972: Ms. RICHARDSON, Ms. DEGETTE, H.R. 3008: Mr. FILNER. H.J. Res. 12: Mr. RAHALL. Ms. TSONGAS, Mr. GORDON, Mr. KANJORSKI, H.R. 3014: Mr. BLUMENAUER. H.J. Res. 67: Mr. KING of Iowa and Mr. Ms. ESHOO, and Ms. KILPATRICK. H.R. 3049: Mr. JONES of North Carolina. BARTLETT of Maryland. H. Res. 977: Mr. PATRICK MURPHY of Penn- H.R. 3088: Mrs. DRAKE. H. Con. Res. 223: Ms. BORDALLO and Mr. sylvania, Mr. CAPUANO, and Mr. KILDEE. H.R. 3197: Mr. COURTNEY. DAVIS of Illinois. H. Res. 978: Mr. HINOJOSA.

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HONORING THE LIFE OF ARMOND TRIBUTE TO VINCENT R. FARIAS tions including academics, athletics, and mili- J. MAGNARELLI tary drill. HON. JIM SAXTON In addition to achieving such great acco- OF NEW JERSEY lades in competitions, the Cocke County HON. JAMES T. WALSH IN THE HOUSE OF REPRESENTATIVES NJROTC planned, coordinated, and completed 2,153 community service hours in the Cocke OF NEW YORK Wednesday, February 13, 2008 County, Hamblen County and Knox County IN THE HOUSE OF REPRESENTATIVES Mr. SAXTON. Madam Speaker, I rise today areas during the 2006–2007 school year. in recognition of Vincent Farias. On February Wednesday, February 13, 2008 The Cocke County NJROTC is a citizen 21, 2008 Mr. Farias will be celebrated for his leadership program designed to develop in- Mr. WALSH of New York. Madam Speaker, contributions to Burlington County at the Bur- formed and responsible young men and I rise today to honor the life of a consummate lington County Republican Committee and women who embody honor, self-reliance, self- gentleman and a terrific ambassador for the Burlington County Republican Women’s An- discipline, and respect to authority in a demo- central New York community, the Honorable nual Lincoln Day Dinner. cratic society. Perhaps one of the most gregarious and en- Armond J. Magnarelli, who passed away last This achievement is a true honor to all the thusiastic Edgewater Park residents, Vince weekend. young men and women involved in the Cocke Farias was always a proponent of action lead- County NJROTC program. The rankings, each A teacher by trade at Lyncourt School, ing to results. A veteran schoolteacher, bank- respectively, show the dedication and commit- Armond entered elected office as a member of er, and small business owner, Vincent served ment to service and our Nation. the Syracuse City School District Board of 6 years on the Edgewater Park Township It is exciting for me to see the young men Education, eventually rising to become its Committee and as mayor in 1987 and 1991. and women of Cocke County NJROTC estab- president. Armand later ran for and won a After first filling a vacant freeholder seat in lishing such high standards at a young age seat on the Syracuse City Council and was 1991, Vince went on to serve 5 terms as a and it bestows great promise for the State of elected council president, serving until 1985. member of the Burlington County Board of Tennessee and our Nation alike. His public service career also included service Chosen Freeholders. During that time, Vince Madam Speaker, I ask that the House join in the U.S. Coast Guard during World War II. was an advocate for the county’s open space me this evening in honoring the Cocke County Mr. Magnarelli worked as a marketing exec- preservation work and redevelopment plans. NJROTC program for their commitment to ex- utive at KeyBank and later as regional director One of his most notable projects included the cellence, dedication, and promise as future creation and implementation of the NJ Transit of the State parks and recreation. He was a leaders of America. Riverline Light Rail system, which made its member of the New York State Council of the debut in 2004. Since then, it has had a posi- Arts, New York State Draft Board, board of di- f tive ripple effect on surrounding businesses rectors of P.E.A.C.E., Inc., and board of direc- and residential communities along the Dela- IN REMEMBRANCE OF ROCCO S. tors of the Syracuse Chiefs baseball team. ware River. OLIVERIO, JR. He was inducted into the Greater Syracuse Vince was also instrumental in creating the Sports Hall of Fame and the Oswego State county’s Veterans Military Service Medal. HON. DENNIS J. KUCINICH Athletic Hall of Fame at his alma mater. In Through this project, several military assist- OF OHIO 1950 and 1951, he coached the boys of St. ance programs have been developed to help Lucy’s to back-to-back parochial league bas- aid our area veterans. IN THE HOUSE OF REPRESENTATIVES ketball championships. In addition, Vince worked with the South Wednesday, February 13, 2008 Jersey Freeholder’s Association and the New Regardless of his position and his workload, Mr. KUCINICH. Madam Speaker, I rise Jersey Association of Counties, where he Armand’s heart never ventured far from his today in remembrance and honor of Rocco S. served as president in 2002. Vince has also native northside of Syracuse. He was a mem- Oliverio, Jr. He was a beloved member of his worked with the American Red Cross and the ber of the Our Lady of Pompei Holy Name So- west Cleveland neighborhood, and was known March of Dimes. ciety for 50 years, served on its parish council, for his dedication to the community. He served Madam Speaker, I would like to extend my and was active in the fundraising and building Ward 14 as a representative to the Cuyahoga sincere gratitude for his leadership, commit- of the new parish school in 1966. County Central Committee with honor and dis- ment, and service to the public. tinction, and touched those around him with Armond was a member of the Italian Amer- f ican Athletic Club and was well-known for his his unique sense of humor. longtime work in local theater and the arts, in- HONORING THE COCKE COUNTY Rocco was never afraid to get involved and cluding the famed Pompeian Players, Salt City NAVAL JUNIOR RESERVE OFFI- confront the challenges of his home neighbor- for the Performing Arts, and Theater 90. When CERS’ TRAINING CORPS hood. He maintained his faith in the innate new development threatened the future of the goodness of people and the ability of commu- Landmark Theatre in downtown Syracuse, it HON. DAVID DAVIS nity and public services to overcome chal- was Armond who stepped in to save the treas- OF TENNESSEE lenges. He invested a large part of himself in everything he did and was always genuinely ured facility. IN THE HOUSE OF REPRESENTATIVES interested in helping; even better, he often had Though retired, Armond kept busy through Wednesday, February 13, 2008 a solution. many civic activities, and up until recently, Mr. DAVID DAVIS of Tennessee. Madam Rocco is fondly remembered by his daugh- central New Yorkers could still visit with Speaker, I rise today to congratulate the ters, Shellie Gay and Sheila Hall-Blagg, and Armond every Sunday morning as he hosted Cocke County Naval Junior Reserve Officers’ his eight grandchildren. the popular ‘‘Italian Hour’’ on WFBL radio. Training Corps (NJROTC) program for their Madam Speaker and colleagues, please join Armond Magnarelli was a prince of a man achievements this past year. In 2007, the me in honoring the memory of Rocco S. who dedicated himself to his family, his com- Cocke County NJROTC program was ranked Oliverio, Jr., a man whose tireless work to- munity, and his passion for living. He will be number one in the State of Tennessee and wards improving his hometown of Cleveland dearly missed by all who knew him. number six in the United States in competi- will set an example for generations to come.

● 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 Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2158 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 February 13, 2008 INTRODUCTION OF THE MARINE I urge my colleagues to support this impor- township school board for 10 years and the MAMMAL COOPERATIVE AGREE- tant conservation legislation. township committee for 7 years. She was also MENTS IN ALASKA AMEND- f appointed mayor and served two full terms. MENTS ACT OF 2008 Furthering her interest in serving the broad HONORING THE LIFE OF community, Martha was elected to the Bur- HON. DON YOUNG MONSIGNOR JOSEPH CHAMPLIN lington County Board of Chosen Freeholders OF ALASKA in 1984. Given her background in education IN THE HOUSE OF REPRESENTATIVES HON. JAMES T. WALSH and community preservation, she became the chairperson of the Water Quality Management Wednesday, February 13, 2008 OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Board and worked on several additional com- Mr. YOUNG of Alaska. Madam Speaker, I mittees aimed at increasing open space. Mar- am pleased to introduce today the Marine Wednesday, February 13, 2008 tha served four consecutive terms and was Mammal Cooperative Agreements in Alaska Mr. WALSH of New York. Madam Speaker, appointed freeholder director for 2 years. Amendments of 2008. I rise today to honor the life of one of After her tenure as a freeholder, Martha The 1994 amendments to the Marine Mam- Syracuse’s most beloved priests, Monsignor went on to become a member of the New Jer- mal Protection Act created section 119 of the Joseph Champlin, who passed away on Janu- sey State Assembly for 2 years and finally, a Act, titled ‘‘Marine Mammal Cooperative ary 17 at the age of 77. member of the New Jersey State Senate in Agreements in Alaska,’’ which allows the Sec- Throughout his life Father Joe was dedi- 1997. As a senator, she served on the Trans- retaries of Commerce and the Interior to enter cated not only to the priesthood and his faith, portation and Economic Growth, Tourism, and into cooperative agreements with Alaska Na- but also to the people and communities he Agricultural Committee, where she was elect- tive organizations. These cooperative agree- served. ed chairperson. As a former business owner, ments have been very successful in creating Ordained in 1956, Father Joe served for 50 it was natural for Martha to become a member statewide and regional Alaska Native Marine years in the Syracuse Diocese. He served as of the Senate Community & Urban Affairs Mammal Commissions protecting species pastor in three parishes, including as rector of Committee and also a member of the Senate such as the polar bear, walrus, sea otters, the Cathedral of the Immaculate Conception Budget Committee. beluga whale, harbor and ice seals, and from 1995 until his retirement in 2005. Even in Outside public office, Martha has volun- Steller sea lions. The cooperative agreements retirement, Msgr. Champlin was active in the teered her time to various organizations. She have provided grants to Alaska Native Marine church and the community. In 2006 he be- was a member of the Burlington County Farm- Mammal Commissions to conduct important came priest in residence at Our Lady of Good land Preservation Advisory Board and the Bur- marine mammal data collection efforts, marine Counsel Church in Warners, New York. lington County Open Space Advisory Board. mammal research, and monitor subsistence Father Joe was known worldwide for being Martha also sat on the Burlington County activities. a prolific writer. He wrote more than 62 books Family Services Board and was a member of Alaska Natives have been excellent stew- the HB Industrial Village Conservancy Board ards of Alaska’s natural resources for cen- and pamphlets on liturgy, pastoral theology, love, and marriage. In fact, Father Champlin’s of Trustees. turies. The Alaska Native Marine Mammal Madam Speaker, I would like to extend my Commissions have continued this tradition by ‘‘Together for Life’’ continues to lead Catholic couples across the country and around the sincere gratitude for her leadership, commit- working cooperatively with the Fish and Wild- ment, and service to the public. life Service and the National Marine Fisheries world through preparation for marriage. f Service to successfully manage the species In addition to his success as a writer, Msgr. under their respective jurisdictions. In order to Champlin remained committed to the people HONORING OF ONE ACCORD MIN- further this success, the Commissions have of the greater Syracuse area throughout his ISTRY AND ALL FIRST DISTRICT advocated for management of subsistence ac- life. In 1997 he founded the Guardian Angel VOLUNTEERS tivities. Section 119 of the MMPA does not Society, which provides tuition assistance, currently allow for management of subsistence technological updates, and other improve- HON. DAVID DAVIS ments to the former Cathedral School in Syra- activities prior to a depletion finding under the OF TENNESSEE cuse. He raised more than $2 million for the Act. IN THE HOUSE OF REPRESENTATIVES In 2000, the Clinton Administration sent program, and for that effort he was awarded Wednesday, February 13, 2008 Congress a draft bill to reauthorize the MMPA the President’s Volunteer Service Award by and included in it authorities for the Alaska President George W. Bush in 2005. He also Mr. DAVID DAVIS of Tennessee. Madam Marine Mammal Commissions to manage and received the Post-Standard Achievement Speaker, I rise today to honor the efforts of enforce subsistence activities. The Bush Ad- Award in 2005 and the Temple Adath the volunteers of Tennessee and the First Dis- ministration followed suit including similar lan- Yeshurun Citizen of the year award this past trict. Of One Accord Ministry is a charity that guage in its own draft bill to reauthorize the October. is celebrating its 20th anniversary this year. MMPA. Msgr. Champlin’s commitment to the Catho- Tennessee has been called the ‘‘Volunteer’’ I have not taken the exact approach of the lic Church and the people that he served is state by the great efforts of our citizens during Clinton and Bush proposals, however, I do be- unquestionable. He was a beloved priest and The War of 1812. Since The War of 1812 the lieve this legislation will achieve the same re- friend, and will be sorely missed. people of Tennessee continue to show pride, sult. I have worked with the administration, the f dedication and service through volunteer ef- Alaska Native Marine Mammal Commissions, forts. People from around the nation are mov- and State of Alaska representatives to develop TRIBUTE TO MARTHA W. BARK ing into my district to enjoy the wonderful qual- a bill that allows for management prior to a ity of life found in it’s beauty and the spirit of depletion finding under the MMPA. HON. JIM SAXTON its people. Our first volunteers were heroes The Whaling Convention Act of 1949, which OF NEW JERSEY serving in The War of 1812 and our citizens governs the Bowhead whale subsistence ac- IN THE HOUSE OF REPRESENTATIVES today are heroes sacrificing their time and ef- tivities, and the more recently passed legisla- fort to volunteer in an assortment of ways. Wednesday, February 13, 2008 tion implementing the U.S.-Russia Polar Bear Of One Accord Ministry serves two rural and Treaty, governing the subsistence take of Mr. SAXTON. Madam Speaker, I rise today lowly populated counties in my district and polar bears, are two excellent examples of in recognition of Martha Bark. On February 21, continually utilizes the efforts of nearly 500 legislation Congress passed to authorize ma- 2008, Mrs. Bark will be celebrated for her con- people during 2007. These 500 volunteers rine mammal management activities. tributions to southern New Jersey at the Bur- have sacrificed over 51,533 hours of service This legislation will further refine the cooper- lington County Republican Committee and and have served over 71,695 people in var- ative management process under the MMPA Burlington County Republican Women’s An- ious ways. The ministry serves from four phys- to ensure that Alaska Natives and the Federal nual Lincoln Day Dinner. ical sites offering emergency food distribution, agencies with marine mammal management Martha Bark has dedicated a lifetime of meal delivery for seniors five days a week, authority have the tools they need to continue service to our communities. A resident of Med- participating in our states summer feeding pro- their successful management efforts. ford for over 40 years, Martha served on the gram, offering a free medical clinic, doing

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The help does not stop for the next 26 years. Mr. SAXTON. Madam Speaker, I rise today there; many others supply resources and help Teaching was not a job to Cherie; it was her in recognition of Larry Chatzidakis. On Feb- in any way possible. passion. ruary 21, 2008, Mr. Chatzidakis will be cele- We tend to overlook the millions of volun- That passion for her students and profes- brated for his contributions to Burlington Coun- teers across the nation giving their time and sion earned her recognition in October 1986 ty at the Burlington County Republican Com- efforts. Madam Speaker, I rise today to ap- as the top teacher of the month by the Greater mittee and Burlington County Republican plaud the volunteers from Of One Accord Min- Ventura Chamber of Commerce’s Youth and Women’s Annual Lincoln Day Dinner. istry who have served for 20 years and all of Education Committee. Outside the classroom, Since 1985, Larry Chatzidakis has rep- the volunteers in Tennessee’s First District Cherie was an active member of the Philan- resented the best interests of Burlington Coun- alike. thropic Education Organization, Alpha Delta ty residents. He was first elected to the Mount Laurel Township Council and remained until f Kappa, Delta Kappa Gamma, and the Cali- fornia Retired Teacher’s Association. 2000. Proving a valuable asset to the commu- IN REMEMBRANCE OF DOLORES Cherie also served as president of the Ven- nity, Larry was re-elected mayor four times ‘‘DEE’’ BENSON tura Retired Teachers Association Scholarship and spearheaded numerous projects during Foundation, which provides scholarships to his tenure. Residents may remember him HON. DENNIS J. KUCINICH local college students studying for a career in most for his role in the construction of Laurel Acres Park. It has become a natural choice for OF OHIO education. As a final act toward her beloved Mount Laurel residents looking for recreation, IN THE HOUSE OF REPRESENTATIVES profession. Cherie directed friends and rel- atives to donate to the fund in her memory. with its many exercise trails, playground Wednesday, February 13, 2008 Cherie outlived two husbands. Don Crinklaw equipment, and sledding hill. Most recently, a Mr. KUCINICH. Madam Speaker, I rise and Don Love, and a son, Bruce Crinklaw, but veteran’s memorial was added to the site to today in remembrance and honor of Dolores is survived by a host of other family, including honor those who have served in our Armed ‘‘Dee’’ Benson, a beloved figure in Cleveland her twin sister, Charlene Blalock-Carlson, and Forces. In addition to his mayoral duties, Larry area politics and a loving wife, mother, and three other sisters, Carrie Perkins, Cyndie was elected to the Burlington County Board of grandmother. Huntsberger, and Sandy Elkhardt; daughters, Chosen Freeholders in 1995. Dee was born in 1925 in Altoona, Pennsyl- Sharlee Villa and Carla Dennis; cousin, From 1997–2008, Larry represented the 8th vania, where she spent most of her early life. George Cady; and numerous grandchildren District as a member of the New Jersey State She was an exceptional student at Altoona and great-grandchildren. Assembly. He continued to offer his talents in High School, and had a special gift for foreign Madam Speaker, I know my colleagues will the Assembly as a member of the Agriculture languages and science. She was offered a full join me in remembering Cherie Love’s lifelong & Natural Resources Committee, the Judiciary tuition scholarship to Penn State University, passion for education and her love of family Committee, and as vice-chair of the Solid and but chose to go to work instead. She married and community and in offering our condo- Hazardous Waste Committee. As a conscien- Bud in 1947 and they moved to Cleveland to lences to her family and friends. tious elected public official, Larry took the con- raise their seven children, Robert, Patrick, f cerns of his constituents to heart as he became a member of the Commission to Deter Jacqueline, Mary, Elizabeth, Denise, and IN RECOGNITION OF THE 75TH AN- Christine. She will also be dearly missed by Criminal Activity and a member of the Military NIVERSARY OF COLEMAN’S AU- and Veterans’ Affairs Committee. her 11 grandchildren and six great grand- THENTIC IRISH PUB children. No stranger to the community at large, Larry Dee was incredibly active in her Cleveland served on the board of the Burlington County neighborhood, serving as President of the HON. JAMES T. WALSH Red Cross and was also chairman of the Bur- OF NEW YORK Southwest Military Moms; President, Treas- lington County Boy Scouts Mahalala District. IN THE HOUSE OF REPRESENTATIVES urer, and Secretary of Parma Women’s Demo- He is also a member of the Mount Laurel Ro- cratic Club; Precinct Committeewoman and Wednesday, February 13, 2008 tary Club for 17 years and served one term as Democratic Ward Leader for the community of Mr. WALSH of New York. Madam Speaker, president. Seven Hills; and a founding member of St. An- I rise today to recognize the 75th anniversary Madam Speaker and colleagues, it gives me thony of Padua Parish; just to name a few of of Coleman’s Authentic Irish Pub in Syracuse, great honor to recognize Larry Chatzidakis for her many accomplishments and activities. New York. his tremendous efforts and devotion to his Madam Speaker and colleagues, please join Founded in 1933, Coleman’s, located on community. I and the people of New Jersey me in honoring the memory of Dee Benson, a Tipperary Hill, is a fixture of the Central New are greatly appreciative of him and sincerely much-loved activist whose contributions to her York community. Throughout its long history. thank him for all of his dedication. community will continue to uphold her legacy. Coleman’s has transformed from a working f f man’s saloon in the 1930’s to a college hot IN HONOR OF THE VIETNAMESE spot in the 1970’s to the first class restaurant NEW YEAR: TET, 2008—YEAR OF IN MEMORY OF CHERIE LOVE and pub it is today. With its great food, won- THE RAT derful service, and Irish atmosphere. Cole- HON. ELTON GALLEGLY man’s Authentic Irish Pub is a place for all HON. DENNIS J. KUCINICH generations to enjoy and is a premiere attrac- OF CALIFORNIA OF OHIO tion in central New York. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Coleman’s has always strived to maintain Wednesday, February 13, 2008 the highest standards of public service, and I Wednesday, February 13, 2008 Mr. GALLEGLY. Madam Speaker, I rise in am proud to recognize them today. I congratu- Mr. KUCINICH. Madam Speaker, 2008, is memory of my longtime friend, Cherie Willard late owner Peter J. Coleman, his wife Mary the Year of the Rat. As the Vietnamese com- Love. She passed away a couple of weeks Pat and children, and his employees, both munity in Greater Cleveland gathers at St. ago but she will always be remembered by past and present, on reaching this milestone. Helena Catholic Church to enjoy their Viet- those she touched. On behalf of the people of the 25th District of namese culture, I join them in celebration of And she touched many. New York, I thank them for their 75 years of this rich heritage. Cherie was a Ventura County, California, business that has been such a positive influ- The Tet is the time of the year for our Viet- native, having been born in Oxnard 76 years ence on the community. namese neighbors to honor those that have

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2160 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 February 13, 2008 gone before us and enjoy the company of ing others when they are in a position to do the foundation of Negro History Week, which family and friends. This year’s celebration will so. would later become Black History Month. His honor community leaders, and serve as a General Munger is survived by his wife, the writings and teachings encourage not only Af- demonstration of Vietnamese music and former Tamsen Nichols, whom he married 37 rican Americans, but all Americans, to reflect dance. years ago, and their adult children, Edward on, become educated about, and treasure 2008 also marks thirty-three years of service Earl and Eleanor Elizabeth of the San Fran- these outstanding efforts. Dr. Woodson has to the community by the Vietnamese Commu- cisco Bay area. also been seen by many other historians as a nity in Greater Cleveland, Inc. The Viet- f true inspiration. In the First Congressional Dis- namese Community, Inc. has been an invalu- trict, I am proud to represent organizations able resource for hundreds of Clevelanders, PERSONAL EXPLANATION such as the Interfaith Federation of Northwest linking them to needed services and serving to Indiana, under the leadership of Executive Di- maintain the rich heritage of the Vietnamese HON. GENE GREEN rector Patricia Jackson, and the Gary Frontiers people. OF TEXAS Service Club, under the leadership of Presi- I would also like to take this opportunity to IN THE HOUSE OF REPRESENTATIVES dent Oliver J. Gilliam, which have carried on recognize Le Nguyen, President of the Viet- such important ideals, reiterating the need for Wednesday, February 13, 2008 namese Community in Greater Cleveland, merging cultural beliefs and tradition and com- Inc., and all their members, for their commit- Mr. GENE GREEN of Texas. Madam ing together to reflect on the past in seeking ment to Vietnamese-Americans of Northeast Speaker, on rollcall Nos. 43, 44, and 45, had to improve the future. Ohio. I been present, I would have voted ‘‘yea.’’ It is the efforts of organizations like the Madam Speaker and colleagues, please join f Interfaith Federation and the Gary Frontiers me in celebration of the Vietnamese New Service Club that allow us to reflect on what Year, Tet 2008: Year of the Rat. May the Viet- PERSONAL EXPLANATION makes the United States of America so spe- namese community of Cleveland, and through- cial. Nowhere else in the world do you find out the nation, carry on their proud heritage HON. TIMOTHY V. JOHNSON such an integrated society. While the United throughout the year. OF ILLINOIS States is made up of people from so many dif- f IN THE HOUSE OF REPRESENTATIVES ferent cultural, religious, social, and ideological Wednesday, February 13, 2008 backgrounds, it is our freedom and our ability HONORING BRIGADIER GENERAL to share our backgrounds with each other that EDWARD E. MUNGER Mr. JOHNSON of Illinois. Madam Speaker, is the true testament to the American way of unfortunately last night, February 12, 2008, I life. HON. DEVIN NUNES was unable to cast my vote on Suspending Madam Speaker, I ask that you and my dis- OF CALIFORNIA the Rules and passing H. Res. 954 and wish tinguished colleagues join me in honoring Dr. IN THE HOUSE OF REPRESENTATIVES the record to reflect my intentions had I been Carter G. Woodson, the Interfaith Federation, able to vote. Wednesday, February 13, 2008 the Gary Frontiers Service Club and the many Had I been present for rollcall No. 43 on organizations throughout the United States Mr. NUNES. Madam Speaker, I would like passing H. Res. 954, Honoring the life of sen- that continue to preserve the African American to pay tribute to the distinguished life of BG ior Border Patrol agent Luis A. Aguilar, who heritage for all Americans. Through their Edward E. Munger of Fresno, CA, who lost his lost his life in the line of duty near Yuma, Ari- words and teachings, these honorable individ- brave battle with cancer on February 11 at the zona, on January 19, 2008, I would have uals and organizations remind us all of the age of 68. voted ‘‘aye.’’ struggles and accomplishments that African General Munger lived an extraordinary life f Americans have made to lead us to where we of service to his country, community and fam- are as a Nation today, while reminding us that BLACK HISTORY MONTH ily. He served more than 3 decades in the there is still progress to be made. California National Guard, and served in Washington, DC under Presidents Nixon, HON. PETER J. VISCLOSKY f Carter and Reagan. General Munger retired OF INDIANA RECOGNIZING THE ADVANTAGE on October 30, 1990 after completing 33 years IN THE HOUSE OF REPRESENTATIVES of service to our country. THAT LOW INCOME TAXPAYERS General Munger’s love for his country was Wednesday, February 13, 2008 WILL TAKE OF THE EITC also evident in the service he gave to his local Mr. VISCLOSKY. Madam Speaker, it is with community. He served as a Fresno County a great sense of honor that I rise to celebrate HON. CHARLES B. RANGEL Reserve Deputy Sheriff for several years on Black History Month and its 2008 theme— OF NEW YORK the Power Board Squadron; was a member Carter G. Woodson and the Origins of IN THE HOUSE OF REPRESENTATIVES and at his death the president of I.R.O. Multiculturalism. Dr. Woodson’s life and words Soararsis, a support organization for Kings remind us, as Americans, that in order to con- Wednesday, February 13, 2008 Canyon National Park; was on the Board of tinue to move forward, we must take the time Mr. RANGEL. Madam Speaker, I rise today Trustees of Children’s Hospital Central Cali- to reflect on the past. to express my full support of the EITC, a re- fornia; on the Rotary Club of Fresno Board of The theme for this year’s Black History fundable tax credit that reduces or eliminates Directors; on the Fresno County Planning Month, Carter G. Woodson and the Origins of taxes that low-income married or single work- Commission; and on the Fresno County grand Multiculturalism, is a reminder that in striving ing people pay, and also frequently operates jury. Even being diagnosed with cancer could for a greater society, we must examine the as a wage subsidy for low-income workers. I not prevent him from public service, as he past. A brilliant author, publisher, and histo- am expressing my hope that taxpayers with in- continued to serve the community as chairman rian, Dr. Woodson understood that history was comes of less than $39,783 will take advan- of California’s 21st Congressional District Mili- much more than facts on a page, but rather a tage of the EITC, since this can result in a retary Academy nomination committee. detailed account and interpretation of the fund of more than $4,700 for the eligible tax- General Munger inspired all of those he struggles and achievements of society as a payers. The EITC is one of the largest anti- knew, including myself. He was a man full of whole. It was this belief that motivated Dr. poverty tools in the United States. This is an character and integrity who treated all human Woodson to author many books and publish opportunity to help people get out of poverty. beings with dignity and generosity. Munger many articles on the outstanding contributions To educate those who are eligible for the helped thousands of young people achieve of so many proud and courageous African EITC, more tax centers have extended their goals that otherwise might not have been pos- Americans. hours of operation. I encourage my colleagues sible. From simple guidance to providing a Dr. Woodson’s belief in the importance of in Congress to inform their constituents of the stable home environment or providing free historical study played a critical role in pre- available resources. To check one’s eligibility rent to a student in his apartment building, he serving the rich history of African Americans and identify the nearest IRS Taxpayer Assist- asked only that they ‘‘pay it forward’’ by help- throughout the United States. His efforts led to ance Center one can go to IRS.gov.

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 2161 CELEBRATING VERMONT’S PART- July 26, 2008, as the ‘‘National Day of the the United States to fight violence against chil- NERSHIP WITH THE REPUBLIC Cowboy.’’ Americans are encouraged to ob- dren. Tom’s effort shows the effect that one OF MACEDONIA serve the national contribution of Cowboys man can have on the lives of millions, and and Cowgirls with appropriate ceremonies and should be commended by this entire body for HON. PETER WELCH activities. his novel idea to raise money for this worthy OF VERMONT This resolution declares Congress support cause. We wish Tom luck on his journey and IN THE HOUSE OF REPRESENTATIVES for honoring working Cowboys and their ongo- look forward to welcoming him to Citrus Coun- ty when he finishes his run. Wednesday, February 13, 2008 ing contributions to our communities. It also recognizes the Cowboy as a central figure in f Mr. WELCH of Vermont. Madam Speaker, literature, film and music, occupying an impor- HONORING FAMILY SERVICES INC. Vermont is proud to welcome General tant place in the public imagination. The ‘‘Na- Miroslav Stojanovski, Chief of Staff of the tional Day of the Cowboy’’ honors the liveli- Army of the Republic of Macedonia. General hood of the Cowboy as one that spans race, HON. BILL SHUSTER Stojanovski’s visit is the latest step in a long gender and generations. OF PENNSYLVANIA history of partnership between Vermont and Our legendary Cowboy is embraced and re- IN THE HOUSE OF REPRESENTATIVES Macedonia. spected by people the world over as a symbol Wednesday, February 13, 2008 Established in 1995 through the State Part- of rugged individualism. He represents a com- Mr. SHUSTER. Madam Speaker, I rise nership Program of the U.S.-European Com- mitment to get the job done and do it well today to recognize the 80th anniversary of mand, the partnership began as primarily a while depending on his own ingenuity for sur- Family Services Incorporated, a non-profit or- military-to-military relationship between the vival. He is loyal to an honorable code of eth- ganization located in Altoona, Pennsylvania. Macedonian Army and the Vermont National ics as well as persistent and tenacious in the Family Services Incorporated has worked to Guard. This military partnership has resulted face of any challenge. provide vital services to the community. in over 540 joint events that have included The Cowboy is indeed the ultimate western Known at its founding as the Blair County over 6,000 members of the Macedonian Army. icon, reminding us of a special time in the Children’s Aid Society, the organization was In September 2006, Vermont National Guard heart of America’s history. created to aid in the care and eventual adop- troops and their Macedonian Army counter- I am proud to be introducing this resolution tion of abused and neglected children. A com- parts carried out a major, 2-week-long, small- today, and I urge my colleagues to join me in munity-wide evaluation found that there was a unit exchange exercise to support the declaring congressional support for the ‘‘Na- need for a nonprofit agency to offer capable professionalization of the Macedonian military tional Day of the Cowboy.’’ social work services aimed toward resolving in its transformation to meet NATO interoper- f individual, marital and family problems in 1967 ability standards. and 1968. The United Way agency provided Vermonters’ engagement with Macedonia HONORING THOMAS BASSANO OF funding for Family and Children’s Service of has expanded into civil affairs as well, includ- TAMPA, FLORIDA Blair County so it could provide programming ing the establishment of university partner- and services to meet those needs. Throughout ships, economic development discussions, HON. GINNY BROWN-WAITE the 1970s, the agency established a residen- and support for the Macedonian youth base- OF FLORIDA tial program for individuals with developmental ball organization. IN THE HOUSE OF REPRESENTATIVES disabilities. Throughout the 1980s the agency In May 2007, the University of Vermont served victims of domestic violence, sexual Wednesday, February 13, 2008 signed an agreement with the SS Cyril and assault, and runaway and homeless children. Methodius University to promote collaborative Ms. GINNY BROWN-WAITE of Florida. In 1997 the agency officially became Family scientific research, joint conferences and Madam Speaker, I rise today to honor a man Services Incorporated. workshops, and faculty and student ex- dedicated to turning the tragic abduction and Led by a dedicated board of directors and changes. murder of Citrus County child Jessica management team, Family Services Incor- Vermonters have also played an important Lunsford into a rallying cause for child advo- porated is always willing to adjust program- role in bringing baseball, our national pastime, cacy issues. On Saturday, March 1, 2008, ming for adults and children who seek its serv- to Macedonia. C.J. Knudsen, the general man- Tom will set out from Marina Del Ray, Cali- ices. It has constantly endeavored to build ager of the Vermont Lake Monsters minor fornia, on a cross country journey, running healthier relationships within the community. league baseball team traveled to Macedonia 3,000 miles to raise awareness for children’s Dedicated staff provide services through the to deliver gloves, balls, bats, uniforms, and safety and help prevent future children from Domestic Abuse Project, Crime Victim Support other equipment to help start the country’s first being harmed by sexual predators. Services, Street Wise Outreach and Oppor- little league. In the process of planning for his cross- tunity Program, Runaway and Homeless Macedonia has made incredible strides country run, Tom established the Run for the Youth Program, Emergency Shelter for Men, since its independence in 1991, achieving Innocent to gather support for his endeavor. Men helping Men, Developmental Disabilities membership in the United Nations, the Organi- This group is working with Mark Lunsford, the Program, Protection from Abuse Office, zation for Security and Cooperation in Europe, father of Jessica, as well as the Citrus County Women Aware and Counseling. the World Trade Organization, and to NATO’s Child Advocacy Center, Jessie’s Place. All of Family Services Incorporated has provided Partnership for Peace and Membership Action the charity runs scheduled along Tom’s path a trustworthy atmosphere which has worked to Plan. Macedonia is a candidate for European from California to Florida will be coordinated help a multitude of men, women, and children Union membership and may soon be invited by staff and volunteers from the center, with throughout its history. I look forward to cele- as a full member of NATO, hopefully as soon all charity proceeds going to charity. brating the 80th anniversary of such a wonder- as April of this year. I look forward to the con- Since his daughter was abducted and killed ful organization, as it has brought a greater tinued strengthening of the United States and in 2005, Mark Lunsford has led a 50-state ef- appreciation to our area and has surely been especially Vermont’s partnership with the Re- fort to strengthen laws targeting sexual offend- an asset to the community. I would like to public of Macedonia. ers and predators. I was proud to work with wish Family Services Incorporated all the best f Mark to pass Federal legislation, the Jessica in its future endeavors. RESOLUTION RECOGNIZING THE Lunsford Act, as part of comprehensive child f NATIONAL DAY OF THE COWBOY welfare legislation. A man truly dedicated to PERSONAL EXPLANATION improving the chances for children affected by HON. GABRIELLE GIFFORDS abuse, neglect, and sexual predators, Mark established Jessie’s Place as a center to HON. PAUL RYAN OF ARIZONA OF WISCONSIN serve children affected by child abuse or ne- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES glect. Wednesday, February 13, 2008 Madam Speaker, I ask that you join me in Wednesday, February 13, 2008 Ms. GIFFORDS. Madam Speaker, today I honoring Tom Bassano for making his commit- Mr. RYAN of Wisconsin. Madam Speaker, I introduced a resolution officially designating ment to American children and running across was absent for legislative business conducted

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2162 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 February 13, 2008 on February 12, 2008, due to inclement gressional power of minting coins, it was not In the absence of legal tender laws, Gresh- weather. As a result, I missed rollcall votes until 1792 that the U.S. Mint was formally es- am’s Law no longer holds. If people are free 43–45. tablished. In the meantime. Americans made to reject debased currency, and instead de- Had I been present, I would have voted: do with foreign silver and gold coins. Even mand sound money, sound money will gradu- ‘‘aye’’ on rollcall vote 43—H. Res. 954, hon- after the Mint’s operations got underway, for- ally return to use in society. Merchants would oring the life of senior Border Patrol agent eign coins continued to circulate within the have been free to reject the king’s coin and Luis A. Aguilar who lost his life in the line of United States, and did so for several decades. accept only coins containing full metal weight. duty near Yuma, Arizona, on January 19, On the desk in my office I have a sign that The second step to reestablishing com- 2008; ‘‘aye’’ on rollcall vote 44—H. Res. 909, says: ‘‘Don’t steal—the government hates peting currencies is to eliminate laws that pro- commemorating the courage of the Haitian competition.’’ Indeed, any power a government hibit the operation of private mints. One pri- soldiers that fought for American independ- arrogates to itself, it is loathe to give back to vate enterprise which attempted to popularize ence in the ‘‘Siege of Savannah’’ and for Hai- the people. Just as we have gone from a con- the use of precious metal coins was Liberty ti’s independence and renunciation of slavery; stitutionally-instituted national defense con- Services, the creators of the Liberty Dollar. and ‘‘aye’’ on rollcall vote 45—H. Con. Res. sisting of a limited army and navy bolstered by Evidently the government felt threatened, as 238, celebrating the birth of Abraham Lincoln militias and letters of marque and reprisal, we Liberty Dollars had all their precious metal and recognizing the prominence the Declara- have moved from a system of competing cur- coins seized by the FBI and Secret Service tion of Independence played in the develop- rencies to a government-instituted banking this past November. Of course, not all of these ment of Abraham Lincoln’s beliefs. cartel that monopolizes the issuance of cur- coins were owned by Liberty Services, as f rency. In order to introduce a system of com- many were held in trust as backing for silver peting currencies, there are three steps that and gold certificates which Liberty Services COMPETING CURRENCIES must be taken to produce a legal climate fa- issued. None of this matters, of course, to the vorable to competition. government, who hates to see any competi- HON. RON PAUL The first step consists of eliminating legal tion. OF TEXAS tender laws. Article I Section 10 of the Con- The sections of U.S. Code which Liberty IN THE HOUSE OF REPRESENTATIVES stitution forbids the States from making any- Services is accused of violating are erro- thing but gold and silver a legal tender in pay- neously considered to be anti-counterfeiting Wednesday, February 13, 2008 ment of debts. States are not required to statutes, when in fact their purpose was to Mr. PAUL. Madam Speaker, I rise to speak enact legal tender laws, but should they shut down private mints that had been oper- on the concept of competing currencies. Cur- choose to, the only acceptable legal tender is ating in California. California was awash in rency, or money, is what allows civilization to gold and silver, the two precious metals that gold in the aftermath of the 1849 gold rush, flourish. In the absence of money, barter is the individuals throughout history and across cul- yet had no U.S. Mint to mint coinage. There name of the game; if the farmer needs shoes, tures have used as currency. However, there was not enough foreign coinage circulating in he must trade his eggs and milk to the cobbler is nothing in the Constitution that grants the California either, so private mints stepped into and hope that the cobbler needs eggs and Congress the power to enact legal tender the breech to provide their own coins. As was milk. Money makes the transaction process far laws. We, the Congress, have the power to to become the case in other industries during easier. Rather than having to search for some- coin money, regulate the value thereof, and of the Progressive era, the private mints were one with reciprocal wants, the farmer can ex- foreign coin, but not to declare a legal tender. eventually accused of circulating debased change his milk and eggs for an agreed-upon Yet, there is a section of U.S. Code, 31 U.S.C. (substandard) coinage, and in the interest of medium of exchange with which he can then 5103, that purports to establish U.S. coins and providing government-sanctioned regulation purchase shoes. currency, including Federal Reserve notes, as and a government guarantee of purity, the This medium of exchange should satisfy legal tender. 1864 Coinage Act was passed, which banned certain properties: It should be durable, that is Historically, legal tender laws have been private mints from producing their own coins to say, it does not wear out easily; it should used by governments to force their citizens to for circulation as currency. be portable, that is, easily carried; it should be accept debased and devalued currency. The final step to ensuring competing cur- divisible into units usable for everyday trans- Gresham’s Law describes this phenomenon. rencies is to eliminate capital gains and sales actions: it should be recognizable and uniform, which can be summed up in one phrase: Bad taxes on gold and silver coins. Under current so that one unit of money has the same prop- money drives out good money. An emperor, a Federal law, coins are considered collectibles, erties as every other unit; it should be scarce, king, or a dictator might mint coins with half an and are liable for capital gains taxes. Short- in the economic sense, so that the extant sup- ounce of gold and force merchants, under term capital gains rates are at income tax lev- ply does not satisfy the wants of everyone de- pain of death, to accept them as though they els, up to 35 percent, while long-term capital manding it; it should be stable, so that the contained one ounce of gold. Each ounce of gains taxes are assessed at the collectibles value of its purchasing power does not fluc- the king’s gold could now be minted into two rate of 28 percent. Furthermore, these taxes tuate wildly; and it should be reproducible, so coins instead of one, so the king now had actually tax monetary debasement. As the dol- that enough units of money can be created to twice as much ‘‘money’’ to spend on building lar weakens, the nominal dollar value of gold satisfy the needs of exchange. castles and raising armies. As these legally increases. The purchasing power of gold may Over millennia of human history, gold and overvalued coins circulated, the coins con- remain relatively constant, but as the nominal silver have been the two metals that have taining the full ounce of gold would be pulled dollar value increases, the Federal govern- most often satisfied these conditions, survived out of circulation and hoarded. We saw this ment considers this an increase in wealth, and the market process, and gained the trust of same phenomenon happen in the mid-1960s taxes accordingly. Thus, the more the dollar is billions of people. Gold and silver are difficult when the U.S. government began to mint sub- debased, the more capital gains taxes must to counterfeit, a property which ensures they sidiary coinage out of copper and nickel rather be paid on holdings of gold and other precious will always be accepted in commerce. It is than silver. The copper and nickel coins were metals. precisely for this reason that gold and silver legally overvalued, the silver coins under- Just as pernicious are the sales and use are anathema to governments. A supply of valued in relation, and silver coins vanished taxes which are assessed on gold and silver gold and silver that is limited in supply by na- from circulation. at the State level in many States. Imagine ture cannot be inflated, and thus serves as a These actions also give rise to the most having to pay sales tax at the bank every time check on the growth of government. Without pernicious effects of inflation. Most of the mer- you change a $10 bill for a roll of quarters to the ability to inflate the currency, governments chants and peasants who received this de- do laundry. Inflation is a pernicious tax on the find themselves constrained in their actions, valued currency felt the full effects of inflation, value of money. but even the official numbers, unable to carry on wars of aggression or to the rise in prices and the lowered standard of which are massaged downwards, are only on appease their overtaxed citizens with bread living, before they received any of the new the order of 4 percent per year. Sales taxes in and circuses. currency. By the time they received the new many states can take away 8 percent or more At this country’s founding, there was no currency, prices had long since doubled, and on every single transaction in which con- government controlled national currency. the new currency they received would give sumers wish to convert their Federal Reserve While the Constitution established the Con- them no benefit. Notes into gold or silver.

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 2163 In conclusion, Madam Speaker, allowing for the passing of Mary Isaak, a Petaluma activist ducing legislation requiring the Social Security competing currencies will allow market partici- who was committed to the noble struggle of Administration to develop secure Social Secu- pants to choose a currency that suits their helping the less fortunate overcome homeless- rity cards to combat the rising problem of iden- needs, rather than the needs of the govern- ness. Mary died of congestive heart failure last tity theft and immigration fraud. ment. The prospect of American citizens turn- month at the age of 88, leaving an enduring Since Social Security started in 1935, more ing away from the dollar towards alternate cur- legacy to the people of Petaluma, California than 450 million Social Security cards have rencies will provide the necessary impetus to through the establishment of COTS—the been issued. Over the years, we’ve had 50 the U.S. government to regain control of the Committee on the Shelterless. card variations, but all have one common ele- dollar and halt its downward spiral. Restoring After receiving a music degree from the Uni- ment—they are too easy to counterfeit. soundness to the dollar will remove the gov- versity of Oregon, Mary moved to Berkeley, According to a 2005 Government Account- ernment’s ability and incentive to inflate the where she met her future husband, who later ability Office report, employers reported the currency, and keep us from launching uncon- tired of the area and moved his family to what use of 1.4 million Social Security numbers that stitutional wars that burden our economy to was then rural California—to the egg basket of don’t exist. Additionally, nearly 1.7 million excess. With a sound currency, everyone is the State, Petaluma. There, Mary raised five numbers have been used by multiple individ- better off, not just those who control the mon- children and taught at Live Oak High, the uals, some as many as 500 times or more. etary system. I urge my colleagues to consider small school she started on their 22-acre In 2006, U.S. Immigration and Customs En- the redevelopment of a system of competing ranch. forcement (ICE) officials made 1,272 arrests currencies. Mary’s life of community service continued for identity and benefit fraud. While there is no f in the late 1980s, when she and Laure central database for confiscated fraudulent So- PERSONAL EXPLANATION Reichek noticed the increasing number of cial Security card statistics, regional illegal homeless in the area and determined to obvi- document rings illustrate a systemic problem. HON. LYNN C. WOOLSEY ate the problem. In 1988, they founded COTS. Last April, Federal agents arrested 23 indi- I was on the Petaluma City Council during this viduals and broke up an illegal document ring OF CALIFORNIA time and had the good fortune to work with in the Little Village neighborhood of Chicago. IN THE HOUSE OF REPRESENTATIVES Mary and Laure in facilitating the establish- Officials estimated that up to 100 fake Social Wednesday, February 13, 2008 ment of this incredible organization, dedicated Security cards were issued each day at the lo- Ms. WOOLSEY. Madam Speaker, on Feb- to housing homeless families. cation. According to the Northern Illinois U.S. ruary 7, 2008, I was unavoidably detained and ‘‘It eventually took on a life of its own,’’ says Attorney’s Office, the enterprise netted $3 mil- was not able to record my votes for rollcall John Records, COTS current executive direc- lion per year for a violent Mexico-based crime Nos. 32–42. tor. ‘‘It activated something in the community syndicate. Had I been present I would have voted: and it gave people the opportunity to help. It ICE broke up a similar ring in the same Rollcall No. 32—‘‘yes’’—Providing for con- offered a way to get involved.’’ neighborhood in December 2005. Last Octo- sideration of the bill (H.R. 4137) to amend and In a town of 55,000 residents, the nonprofit ber, Cook County Sheriff’s detectives arrested extend the Higher Education Act of 1965, and registered more than 50,000 volunteer hours two individuals for manufacturing hundreds of for other purposes. last year alone. These volunteers helped pre- fake identification documents in Chicago’s Rollcall No. 33—‘‘yes’’—Providing for con- pare and serve more than 100,000 meals be- West Lawn neighborhood. Outside of the Chi- sideration of the bill (H.R. 4137) to amend and sides working on other programs the facility cago area, one ICE raid in Washington, DC, extend the Higher Education Act of 1965, and offers. netted 880 fake Social Security cards. for other purposes. The community embraced COTS because Rollcall No. 34—‘‘yes’’—Calling for a peace- In Waukegan, police raids discovered nu- Mary set an example, volunteering for count- merous crimes of identity theft, including crimi- ful resolution to the current electoral crisis in less tasks and remaining on the board of di- Kenya. nals purchasing homes and cars with stolen rectors. Social Security numbers. For as little as $100, Rollcall No. 35—‘‘yes’’—To extend for one ‘‘Even as she aged and became less strong, year parity in the application of certain limits to an individual in Waukegan can purchase a she continued to be involved,’’ Records notes. fake Social Security card. mental health benefits, and for other purposes. In 2004, COTS recognized Mary’s vision It’s time we upgrade Social Security cards Rollcall No. 36—‘‘yes’’—Petri of Wisconsin and commitment by naming its new housing with photos and biometric data like a finger- Amendment No. 4. facility in her honor—the Mary Isaaks Center. print to protect seniors from identity theft and Rollcall No. 37—‘‘yes’’—Petri of Wisconsin The center houses beds for 300, provides be- prevent draining of Social Security trust funds. Amendment No. 5. tween 50,000 and 100,000 bed-nights per Rollcall No. 38—‘‘yes’’—Davis of Illinois Many government agencies already use se- year, and its kitchen offer more than half a Amendment. cure IDs, including the Department of De- million pounds of food each year to the hungry Rollcall No. 39—‘‘no’’—To amend and ex- fense. An ID with a bar code embedded with and homeless of Petaluma. Other programs tend the Higher Education Act of 1965, and for biometric data, as well as a picture, will help thrive, as well. For example, recently COTS other purposes. prevent counterfeiting. We have the tech- added an innovative pilot trauma center to its Rollcall No. 40—‘‘yes’’—To amend and ex- nology now—there is no excuse to use a doc- services. tend the Higher Education Act of 1965, and for ument that anyone can forge at a Kinkos. Madam Speaker, it is impossible to measure other purposes. To protect seniors, fight identity theft and the impact Mary Isaak’s work has had on the Rollcall No. 41—‘‘yes’’—Congratulating Lee defend our homeland, I urge my colleagues to individuals—both homeless and volunteers— Myung-Bak on his election to the Presidency join this effort. of the Republic of Korea and wishing him well and on the community of my hometown of f during his time of transition and his inaugura- Petaluma. She leaves to the community a leg- tion on February 25, 2008. acy of compassion and involvement that the HONORING TOM H. SPARKS Rollcall No. 42—‘‘yes’’—Recovery Rebates world would do well to follow. She will be and Economic Stimulus for the American Peo- greatly missed. HON. FRED UPTON ple Act of 2008. f OF MICHIGAN f INTRODUCING LEGISLATION TO IN THE HOUSE OF REPRESENTATIVES HONORING THE LIFE AND WORK UPGRADE THE SECURITY OF Wednesday, February 13, 2008 OF MARY ISAAK THE SOCIAL SECURITY CARD Mr. UPTON. Madam Speaker, I rise to rec- HON. MARK STEVEN KIRK ognize and pay tribute to Tom H. Sparks of St. HON. LYNN C. WOOLSEY Joseph, Michigan, who is celebrating his 100th OF CALIFORNIA OF ILLINOIS birthday. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. Sparks was born in a log cabin with a Wednesday, February 13, 2008 Wednesday, February 13, 2008 dirt floor and sod roof in Oklahoma in 1908. Ms. WOOLSEY. Madam Speaker, it is with Mr. KIRK. Madam Speaker, today, along He was taken out of school at the age of 14 great sadness that I rise today to recognize with my colleague Mr. ROSKAM, I am intro- when he went to work to support his family.

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2164 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 February 13, 2008 He was a member of the ‘‘Greatest Genera- will see freedom in the beautiful land of our As a councilman to the Town of West Sen- tion’’ and served his country with distinction birth, and that nobody has to flee . . . I reit- eca, a thriving community of 46,000 hard- and honor in World War II in the European erate my affection, respect and love, from working residents, Craig spent a great deal of the No. 3 cell of the Melena del Sur prison, Theatre. in Havana province, to all who in one form time protecting their ideals and values. During Mr. Sparks has been a resident of St. Jo- or another, struggle for the independence his tenure the town continued its rich heritage seph, Michigan for more than 80 years. To and freedom of Cuba. and continues to develop into a town of great say that Tom Sparks is a man who has been Madam Speaker, it is unconscionable that commercial growth, providing a kind atmos- active in his community would be a gross un- Carlos Martıń Gomez is locked in a filthy dun- phere to live, work and raise a family. This re- derstatement. Mr. Sparks has rarely missed a geon for calling for human rights and freedom mained possible as a result of all of the hard meeting of the St. Joseph City Commission for the Cuban people. My colleagues, we must work of the town’s public officials, and Craig’s over the last eight decades. He was first elect- demand the immediate and unconditional re- efforts as a member of the town board dem- ed to serve on the St. Joseph City Commis- lease of Carlos Martıń Gomez and every polit- onstrate that commitment. sion in 1948 and served as Mayor of his ical prisoner in totalitarian Cuba. Madam Speaker, I ask that this Congress adopted hometown from 1955 to 1963. Even f join me in extending appreciation to Craig into his 90s—his name appeared on the ballot Hicks for his dedicated service and commit- seeking a seat on the City Commission. HONORING DELMER WALLEN, SR. ment to his community. We wish Craig and his Mr. Sparks retired from the City of Benton entire family only the very best of health and Harbor as assistant to the superintendent and HON. DAVID DAVIS happiness long in the future. a building inspector in 1975 at the age of 67. OF TENNESSEE As part of his birthday celebration, it is fitting IN THE HOUSE OF REPRESENTATIVES f he is being recognized by City Commissioners Wednesday, February 13, 2008 COMMEMORATING THE OPENING in St. Joseph. Mr. DAVID DAVIS of Tennessee. Madam OF THE STEVEN E. COPELAND f Speaker, I rise today to honor the memory GOVERNMENT CENTER FREEDOM FOR CARLOS MARTIŃ and life of Delmer Wallen, Sr., a true asset to GOMEZ the First Congressional District of Tennessee, who passed away January 28, 2008. HON. MICHAEL C. BURGESS Delmer Wallen, Sr. lived a life of service OF TEXAS HON. LINCOLN DIAZ-BALART and entrepreneurship, and was known by all OF FLORIDA for his compassion to all those around him. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES He was born in Kyles Ford, Hancock Coun- Wednesday, February 13, 2008 Wednesday, February 13, 2008 ty, Tennessee and lived in Kingsport for most of his life. Mr. Wallen was employed as presi- Mr. BURGESS. Madam Speaker, I rise Mr. LINCOLN DIAZ-BALART of Florida. dent and general manager of Kingsport Gro- today to commemorate the grand opening of Madam Speaker, I rise today to remind my cery Company 32 years. He was in the whole- the Steven E. Copeland Government Center in colleagues about Carlos Martıń Gomez, a po- sale grocery business for 40 years managing Cross Roads, Texas in Denton County. The litical prisoner in totalitarian Cuba who con- multiple companies. grand opening for this new facility is Friday, tinues his struggle to bring human rights and A great community leader, Delmer Wallen, February 22, 2008. dignity to the people of Cuba. Sr. served on numerous boards including The center is named in honor of the late In 2000 Cuban regime thugs arrested Mr. Holston Valley Community Hospital and the Steven Everett Copeland, an enthusiastic em- Martıń for ‘‘desecrating’’ the thug-in-chief Fidel Salvation Army in Kingsport, Tennessee. ployee of Denton County Road and Bridge Castro. How exactly does one desecrate a ty- In 1986 Delmer served as president of the East. Mr. Copeland is remembered by his fel- rannical despot? In Mr. Martıń’s case by going Harlan County, Kentucky Chamber of Com- low workers and supervisors as a person who to the Jose Martı´ Airport and calling out loud merce and Chairman of the Sullivan County took pride in a job done well and was dedi- for the end of Fidel Castro’s oppression of the Republican party which further shows his com- cated to giving his best to the citizens of Den- Cuban people. Such a brave act earned Mr. mitment to the community that he lived in. ton County. This center is dedicated to honor Martıń a 4-year sentence in the gulag. Delmer was also a 50-year member of the both his memory and his contributions to the The regime may have thought they could American Legion and served this great country local community. quiet Mr. Martıń’s calls for the end to the dicta- in the Korean War as a member of the U.S. This center will provide the citizens of Den- torship by throwing him into a prison to suffer Army Corp of Engineers. ton County increased access to county serv- under unbearable conditions. But Mr. Martıń Delmer also showed his commitment to his ices and local government officials, including would not let the walls of the gulag suffocate faith by regularly attending West View Primi- the County Commissioner for Precinct 1, Con- his continued calls for a free Cuba. Because tive Baptist Church. During his time spent with stable, County Clerk, Justice of the Peace, of his continued crusade to bring freedom to West View Primitive Baptist Church, Delmer Tax Assessor, Probation Officers, and the the Cuban people, the regime added some- served in various positions such as church Denton County Sheriff. Many local officials where between 14 years and 37 years to his treasurer and adult Sunday school teacher. have already moved into the new facility, say- sentence. Madam Speaker, I ask that the House join ing it allows them to be closer to their constitu- Now the dictatorship is trying a different tac- me this evening in offering our sympathies to ents and provides more efficient access for tic to silence Mr. Martıń, they are refusing to the family and friends of Delmer Wallen, Sr. the public. Local residents are able to pay provide him with adequate medical care after He was a dedicated member of the commu- county taxes, register vehicles, and receive a fish bone got caught in his throat. According nity, the church, and the United States and a new license plates for their vehicles. to his sister, Mr. Martıń has lost considerable true friend of the First District. His service is greatly treasured and he will be deeply weight as he is only able to ingest liquids due Along with these government offices, the missed. to his untreated throat condition. Steven E. Copeland Government Center will Despite the gangster tactics and heinous f also house a community room which is available to the public for use. Denton County has threats against him, Mr. Martıń refuses to back HONORING RETIRING WEST SEN- committed itself to providing the best for its down and be silenced by the totalitarian re- ECA TOWN COUNCILMAN CRAIG citizens, and this new center is a shining ex- gime. He still bravely continues to demand HICKS human rights and dignity for the Cuban peo- ample of that commitment. ple. On November 5, 2007, Mr. Martıń re- Madam Speaker, it is with great honor that HON. BRIAN HIGGINS I congratulate Denton County Commissioner leased the following statement for the Cuban OF NEW YORK Cynthia White and the Commissioners Court people from his prison: IN THE HOUSE OF REPRESENTATIVES on the opening of this facility. I am proud to Cuba is a big prison which the regime has Wednesday, February 13, 2008 filled with prisons, poverty, famine and dis- represent Denton County in the 26th District of ease. The communist thugs have subjected Mr. HIGGINS. Madam Speaker, I rise today Texas and look forward to seeing the positive us to this for 48 years. Hopefully, soon we to honor the public career of Craig Hicks. effects this center will have on the community.

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 2165 PERSONAL EXPLANATION First of all, Sy points out, it is a shelter; it bers of the community started in an effort to is designed for those who are temporarily extend a helping hand to the homeless and HON. LORETTA SANCHEZ homeless. ‘‘Most of the time the people we’re working poor who need assistance with restor- OF CALIFORNIA dealing with are women or single moms,’’ says ing their self-sufficiency. It is a project he has IN THE HOUSE OF REPRESENTATIVES Sy. These are usually women who have been dedicated himself to. First of all, Sy points out, it is a shelter; it Wednesday, February 13, 2008 dependent upon a man and suddenly find themselves alone or alone with children and is designed for those who are temporarily Ms. LORETTA SANCHEZ of California. without life skills needed for independent liv- homeless. ‘‘Most of the time the people we’re Madam Speaker, on Wednesday, February 6, ing. They may stay with family or friends for dealing with are women or single moms,’’ says 2008, I was unavoidably detained in my Con- awhile until that becomes untenable and then Sy. These are usually women who have been gressional district. they are out on the streets. dependent upon a man and suddenly find Had I been present and voting, I would have ‘‘And this,’’ Sy says, referring to the astro- themselves alone or alone with children and voted as follows: nomical Bay Area real estate prices. ‘‘is a without life skills needed for independent liv- (1) Rollcall No. 29: ‘‘Yes’’ on Motion To Sus- tough place to find an affordable space.’’ ing. They may stay with family or friends for pend the Rules and Pass H. Res. 867; His compassionate service is one reason awhile until that becomes untenable and then (2) Rollcall No. 30: ‘‘Yes’’ on Motion To Sus- Sonoma Mayor Joanne Sanders chose Sy for they are out on the streets. ‘‘And this,’’ Sy pend the Rules and Pass H. Res. 942; Alcalde. She has known Sy for 20 years and says, referring to the astronomical Bay Area (3) Rollcall No. 31: ‘‘Yes’’ on Motion To Sus- says, ‘‘When it’s driving rain, late at night, and real estate prices, ‘‘is a tough place to find an pend the Rules and Pass H. Res. 943. the phone rings, he’s the kind of guy who’ll go affordable space.’’ f out and find a place for someone to stay. He’s His compassionate service is one reason HONORING SY LENZ, OF SONOMA, an unsung hero.’’ Sonoma Mayor Joanne Sanders chose Sy for CALIFORNIA Madam Speaker, we would like to join with Alcalde. She has known Sy for 20 years and the City of Sonoma in recognizing the con- says, ‘‘When it’s driving rain, late at night, and HON. MIKE THOMPSON tributions Sy Lenz has made to the lives of the the phone rings, he’s the kind of guy who’ll go residents of the Sonoma Valley area. out and find a place for someone to stay. He’s OF CALIFORNIA f an unsung hero.’’ IN THE HOUSE OF REPRESENTATIVES Madam Speaker, we would like to join with Wednesday, February 13, 2008 HONORING SY LENZ the City of Sonoma in recognizing the con- Mr. THOMPSON of California. Madam tributions Sy Lenz has made to the lives of the Speaker, I rise, along with Congresswoman HON. LYNN C. WOOLSEY residents of the Sonoma Valley area. LYNN WOOLSEY, to recognize the gentleman OF CALIFORNIA f honored by the City of Sonoma as 2008 Al- IN THE HOUSE OF REPRESENTATIVES COMMEMORATING THE DAY OF calde—Honorary Mayor of the Year—Sy Lenz. Wednesday, February 13, 2008 REMEMBRANCE The honorary position of Alcalde has been bestowed each year since 1975 on a person Ms. WOOLSEY. Madam Speaker, I rise, who has enhanced the welfare of Sonoma by along with Congressman MIKE THOMPSON, to HON. MICHAEL M. HONDA OF CALIFORNIA his or her unselfish contributions to the com- recognize the gentleman honored by the City IN THE HOUSE OF REPRESENTATIVES munity. of Sonoma as 2008 Alcalde—Honorary Mayor As Alcalde, Sy will be given a silver-headed of the Year, Sy Lenz. The honorary position of Wednesday, February 13, 2008 cane as a symbol of his distinction and will ap- Alcalde has been bestowed each year since Mr. HONDA. Madam Speaker, I rise today pear in parades, grand openings and other 1975 on a person who has enhanced the wel- to commemorate the Day of Remembrance. special events throughout the year. fare of Sonoma by his or her unselfish con- February 19th, 2008 marks the 66th anniver- Although Sy and his wife, Harriet, have lived tributions to the community. sary of the signing of Executive Order 9066, in Sonoma since 1989, when they moved here As Alcalde, Sy will be given a silver-headed which authorized the incarceration of over to be near their daughter, Sy leapt directly into cane as a symbol of his distinction and will ap- 120,000 Americans of Japanese, Italian and community service. He used his talents as a pear in parades, grand openings and other German ancestry. This year also marks the retired U.S. Air Force Lt. Colonel and execu- special events throughout the year. 20th anniversary of the enactment of the Civil tive recruiter to volunteer on the strategic plan Although Sy and his wife, Harriet, have lived Liberties Act of 1988, which formally acknowl- for the local school district. He also became in Sonoma since 1989, when they moved here edged and apologized for violations of funda- active in the Kiwanis Club and with La Luz to be near their daughter, Sy leapt directly into mental civil liberties and constitutional rights of Center, a local nonprofit serving immigrants, community service. He used his talents as a the Japanese Americans who were interned as well as founding and developing Congrega- retired U.S. Air Force Lt. Colonel and execu- during World War II. tion Shir Shalom. tive recruiter to volunteer on the strategic plan The Day of Remembrance is of particular ‘‘One project I worked on was an attempt to for the local school district. He also became importance to me as I spent part of my child- establish an in-town teen club,’’ Sy says. ‘‘We active in the Kiwanis Club and with La Luz hood in Amache, an internment camp in raised thousands of dollars hopefully to find a Center, a local nonprofit serving immigrants, southeastern Colorado. My experiences at site, and although it remained out of our as well as founding and developing Congrega- Amache helped shape my outlook on life and reach, it lead to the creation of the ‘No-Name tion Shir Shalom. influenced my political beliefs. Cafe´’ at Sonoma Valley High School.’’ ‘‘One project I worked on was an attempt to The purpose of the Day of Remembrance is Sy’s service is not limited to the younger establish an in-town teen club,’’ Sy says. ‘‘We to learn from our nation’s past transgressions. generation. He has participated in delivering raised thousands of dollars hopefully to find a In 1942, our nation’s leaders failed us. Some holiday meals to seniors and shut-ins, and site, and although it remained out of our 120,000 people were taken from their homes was part of the effort to create the Senior reach, it lead to the creation of the ‘‘No-Name and incarcerated, simply because of their an- Shade Program which provides senior citizens Cafe’’ at Sonoma Valley High School.’’ cestry. Those incarcerated were denied their transportation to and from the town’s holiday Sy’s service is not limited to the younger rights as lawful U.S. citizens or legal perma- parades and a shady place from which to generation. He has participated in delivering nent residents. watch. holiday meals to seniors and shut-ins, and Though the Day of Remembrance has been Most recently, Sy has served as president was part of the effort to create the Senior established to increase public awareness of of the board of directors of SOS—Sonoma Shade Program which provides senior citizens the events surrounding the restriction, exclu- Overnight Shelter—which he and other mem- transportation to and from the town’s holiday sion, and internment of individuals and fami- bers of the community started in an effort to parades and a shady place from which to lies during World War II, we must continue to extend a helping hand to the homeless and watch. work to educate the public about the intern- working poor who need assistance with restor- Most recently, Sy has served as president ment of Americans in order to prevent similar ing their self-sufficiency. It is a project he has of the board of directors of SOS—Sonoma injustices from ever happening again. We dedicated himself to. Overnight Shelter—which he and other mem- must not allow history to repeat itself.

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2166 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 February 13, 2008 In this post-9/11 world, it is imperative that vation of the Great Lakes. In 1966, Lee partici- more defenseless unborn children were killed we remain vigilant in the protection of our civil pated in the campaign to acknowledge the In- by abortion on demand—just today. That is liberties. As we continue to fight the war diana Dunes as a National Lakeshore. While more than the number of innocent American against terrorism, we must reaffirm our com- Lee was active in the protection of the lake- lives that we lost on September 11th, only it mitment to the civil liberties granted in the shore, she was also a columnist for the Hyde happens every day. Constitution and resist the urge to give into Park Herald, a weekly community publication It has now been exactly 12,805 days since wartime hysteria. Falling victim to the same of which she later became the editor. As well the tragic judicial fiat called Roe v. Wade was kind of racial prejudice and discrimination ex- as being active in community press, Lee also handed down. Since then, the very foundation hibited during World War II completely dis- established the Hyde Park Garden Fair, which of this Nation has been stained by the blood regards the lessons of the war and the pur- is still held on an annual basis. In the late of almost 50 million of our own children. pose of a Day of Remembrance. I am hopeful 1960s, Lee also became a staff member of Some of them, Madam Speaker, cried and that my colleagues in both chambers will ap- the Openlands Project in Chicago, an organi- screamed as they died, but because it was propriate funds for Public Law 109–441 to en- zation dedicated to preserving and enhancing amniotic fluid passing over their vocal cords sure the historic preservation of Japanese public open space around Chicago and north- instead of air, we couldn’t hear them. And all American internment sites.– ern Illinois. of them had at least four things in common. Although the Civil Liberties Act of 1988 for- In 1971, Lee founded the Lake Michigan They were each just little babies who had mally apologizes for violating the rights of Jap- Federation, known today as the Alliance for done nothing wrong to anyone. Each one of anese Americans during World War II, we the Great Lakes. The Federation was the first them died a nameless and lonely death. And must not forget about the experience of Japa- independent citizen organization dedicated to each of their mothers, whether she realizes it nese Latin Americans who were also unjustly the preservation of a specific Great Lake. As immediately or not, will never be the same. treated. These people were extricated from the leader of the Federation, Lee became And all the gifts that these children might have Latin America and brought to the United dedicated to protecting the lakeshore and ac- brought to humanity are now lost forever. States, only to have their documents taken tively lobbied Congress to tackle issues of en- Yet even in the full glare of such tragedy, away from them. Without proper documenta- vironmental protection, focusing on the first this generation clings to blindness and invin- tion, these Japanese Latin Americans became federal Clean Water Act. Because of her dedi- cible ignorance while history repeats itself and individuals without a country and were subse- cation to the environment, Lee served on the our own silent genocide mercilessly annihi- quently used as pawns in exchange for POWs staff of the Environmental Protection Agency lates the most helpless of all victims to date, in the Pacific theater. H.R. 662, the Commis- for several years when the agency was in its those yet unborn. sion on Wartime Relocation and Internment of infancy, and in 1977 was appointed by Presi- Madam Speaker, perhaps it is important for Latin Americans of Japanese Descent Act, dent Carter as the head of the Great Lakes those of us in this Chamber to remind our- seeks to rectify the injustices committed Basin Commission, headquartered in Ann selves again of why we are really all here. against these Japanese Latin Americans by Arbor, Michigan. Following this position, Lee Thomas Jefferson said, ‘‘The care of human establishing a Commission to investigate the worked with Mayor Harold Washington and life and its happiness and not its destruction is relocation, interment, and deportations of Jap- the city of Chicago as a staff member and the chief and only object of good govern- anese Latin Americans and to recommend ap- consultant for the city’s newly developed De- ment.’’ propriate actions. I urge my colleagues to co- partment of the Environment. Madam Speaker, protecting the lives of our sponsor H.R. 662 to continue the healing Lee also founded the Indiana Dunes Envi- innocent citizens and their constitutional rights process started by the Civil Liberties Act of ronmental Learning Center, a summer camp is why we are all here. It is our sworn oath. 1988. offering children of U.S. Steel employees an The phrase in the 14th amendment capsulizes Now, more than ever, we must strive to bal- opportunity to learn about the environment our entire Constitution. It says: ‘‘No state shall ance our cherished civil liberties with the need and the necessity of its preservation. In addi- deprive any person of life, liberty or property to protect our homeland. Finding this balance tion to the numerous organizations Lee found- without due process of law.’’ is the enduring lesson that the Day of Re- ed, she also made time to serve in various ca- The bedrock foundation of this Republic is membrance teaches us and a lesson that can- pacities at several other organizations, such the Declaration, not the casual notion, but the not be lost on our nation’s policymakers. as the Save the Dunes Council, the Northwest Declaration of the self-evident truth that all f Indiana Quality of Life Council, Great Lakes human beings are created equal and endowed United, the State of Illinois’ Task Force of by their creator with the unalienable rights of LEE BOTTS Global Climate Change, the State of Indiana life, liberty and the pursuit of happiness. Every Water Pollution Control Board, Chicago Wil- conflict and battle our Nation has ever faced HON. PETER J. VISCLOSKY derness, and the Northwest Indiana Regional can be traced to our commitment to this core OF INDIANA Planning Commission. self-evident truth. It has made us the beacon IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Lee Botts has given her of hope for the entire world. It is who we are. And yet Madam Speaker, another day has Wednesday, February 13, 2008 time and efforts selflessly to the protection of our environment and lakeshore throughout her passed, and we in this body have failed again Mr. VISCLOSKY. Madam Speaker, it is with many years of service. At this time, I ask that to honor that commitment. We failed our great honor and pleasure that I stand before you and all of my distinguished colleagues join sworn oath and our God-given responsibility you today to honor one of Northwest Indiana’s me in commending her for her lifetime of serv- as we broke faith with nearly 4,000 more inno- most dedicated, distinguished, and honorable ice and dedication to her community. I also cent American babies who died without the citizens. I have known Lee Botts for many ask that you join me in wishing her a very protection we should have been given them. years, and she is one of the most active and happy 80th birthday. But perhaps tonight, Madam Speaker, involved citizens I have ever known, especially f maybe someone new who heard this sunset when it comes to her service to protecting the memorial will finally realize that abortion really Great Lakes and Lake Michigan’s National SUNSET MEMORIAL does kill a baby, that it hurts mothers in ways Lakeshore. Today, Lee is celebrating a mile- that we can never express, and that 12,805 stone, her 80th birthday. In her honor, a cele- HON. TRENT FRANKS days spent killing nearly 50 million unborn chil- bration will be taking place on Thursday, Feb- OF ARIZONA dren in America is enough; and that this Na- ruary 21, 2008, at the Metropolitan Club in IN THE HOUSE OF REPRESENTATIVES tional is great enough to find a better way than Chicago, Illinois. abortion on demand. Lee Botts spent her childhood in Kansas Wednesday, February 13, 2008 So tonight, Madam Speaker, may we each and Oklahoma, and as a young woman, Lee Mr. FRANKS of Arizona. Madam Speaker, I remind ourselves that our own days in this moved with her four children to Chicago’s stand once again before this body with an- sunshine of life are numbered and that all too Hyde Park neighborhood. In Chicago, Lee be- other Sunset Memorial. soon each of us will walk from these Cham- came active in neighborhood associations, It is February 13, 2008, in the land of the bers for the very last time. such as the Hyde Park-Kenwood Community free and the home of the brave, and before And if it should be that this Congress is al- Conference, and became active in the preser- the sun set today in America, almost 4,000 lowed to convene on yet another day to come,

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 2167 may that be the day when we hear the cries Cavalier King Charles Spaniels are a part of emphasis in political science. Politics always of the unborn at last. May that be the day we the toy group, which encompasses twenty- fascinated her, and after graduation, she went find the humanity, the courage, and the will to three breeds. The Westminster Kennel Club to work for former Congressman Bill Alex- embrace together our human and our constitu- Dog Show, America’s oldest organization dedi- ander (D-Arkansas) as a press assistant. She tional duty to protect the least of these, our cated to the sport of purebred dogs, limits also worked on the floor of the House of Rep- tiny American brothers and sisters, from this entry to 2,500 dogs. Rocky won best-in-breed resentatives, for the Office of the House Ma- murderous scourge upon our Nation called in his category after going up against a field jority Whip, and on numerous political cam- abortion on demand. of thirty-five entrants, and was one of only 169 paigns. She performed all assignments with a It is February 13, 2008—12,805 days since dogs to receive this honor for 2008. sense of humor, a sense of duty and above Roe v. Wade first stained the foundation of This triumph is the most recent in a string all, a sense of patriotism. this Nation with the blood of its own children— of successes for Rocky and his owners. In his Since the early 1990s, Cathy Travis saw a this, in the land of free and the home of the brief show career, Rocky has accumulated six need for more educational tools to give the brave. all-breed Best in Show wins, over thirty Toy American people a better understanding of f Group wins, seven Specialty Best of Breed how our Government works and the funda- wins and eight Best in Show wins at the Cava- mental rights accorded by the Constitution. HONORING RETIRING MARILLA lier King Charles Spaniel Club, USA Special- Thus was born her book, Constitution Trans- TOWN SUPERVISOR JOHN FOSS ties, making him the American Kennel Club’s lated for Kids, an accessible translation of the #1 Cavalier. His list of achievements is only document that serves as the foundation of the HON. BRIAN HIGGINS made more impressive by the fact that he is United States Government. The original text is OF NEW YORK not yet three years old. paired side-by-side with a kid-friendly interpre- IN THE HOUSE OF REPRESENTATIVES I extend my sincere congratulations to tation to pique interest and stimulate further Wednesday, February 13, 2008 Rocky, as well as his breeder, owners, and discussion of American liberties. It also in- trainer, for his many impressive accomplish- cludes a discussion of proposed amendments Mr. HIGGINS. Madam Speaker, I rise today to the Constitution that have been strongly de- to honor and celebrate the years of faithful ments. It is an honor to have such a celebrated canine reside in the 26th District of bated, and a detailed explanation on the sepa- public service of John Foss, retiring Super- ration of powers. visor of the Town of Marilla. Texas. I look forward to seeing what the future brings for the talented Rocky. Cathy Travis is a dedicated American in the Madam Speaker, John Foss is a lot of finest tradition, and this institution will greatly f things, and a lot of adjectives describe him miss her. well. Intelligent, committed and focused on the PERSONAL EXPLANATION f continued growth and improvement of his hometown, John Foss labored hard on behalf IN HONOR OF GEORGE HOWELL of his constituents, and he has the results to HON. LORETTA SANCHEZ show for it. OF CALIFORNIA HON. SAM FARR I have had the pleasure of knowing John IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA way back to the mid-1990s, when as a can- Wednesday, February 13, 2008 IN THE HOUSE OF REPRESENTATIVES didate for the New York State Assembly, John Ms. LORETTA SANCHEZ of California. Wednesday, February 13, 2008 welcomed me to Marilla and introduced me to Madam Speaker, on Wednesday, January 23, dozens of his neighbors—local residents and Mr. FARR. Madam Speaker, I rise today to 2008, I was unavoidably detained due to a farmers with concerns about the agricultural honor a father, husband, and soldier who prior obligation. I would like to make a correc- industry in Erie County and New York State. made the ultimate sacrifice in service of the tion to my earlier explanation of my missed John’s friendship was critical to me in those Nation. U.S. Army PFC George Howell was votes on January 23, 2008. days and his steadfast support for our efforts from the small rural central California commu- Had I been present and voting, I would have to revitalize the economy of Erie County and nity of Prunedale. He was a humble man who voted as follows: Western New York remain important to this devoted his life to his family. (1) Rollcall No. 21: ‘‘yes.’’ On Ordering the very day. George enlisted into the Army in June 2007, Madam Speaker, I ask that you join me in Previous Question. and was deployed to Iraq in September 2007, honoring the public service career of retiring (2) Rollcall No. 22: ‘‘yes.’’ On Motion to where he fought valiantly as an infantry soldier Marilla Town Supervisor John Foss, and join Pass H.R. 3963, the objections of the Presi- in the 10th Mountain Division. He fought not me in wishing John and his entire family the dent to the contrary notwithstanding. only to give freedom to the people of Iraq, but very best of good luck and Godspeed as they f to offer a better life to his family. He was a soldier who rose to defend his country and a embark upon this new chapter of their lives, RECOGNITION OF CATHY TRAVIS active in the public affairs of the town of young father who rose to provide for his young Marilla, but outside the formal role of Super- children. He dedicated his life so that others visor. Congratulations, John, on a job very HON. EDDIE BERNICE JOHNSON can live in a future filled with hope. well done. OF TEXAS On December 21, 2007, George was fatally IN THE HOUSE OF REPRESENTATIVES wounded when his unit was attacked while on f patrol in northern Iraq. He was laid to rest with Wednesday, February 13, 2008 CONGRATULATING ROCK THE full military honors at Arlington National Ceme- BOAT ON HIS SUCCESS AT THE Ms. EDDIE BERNICE JOHNSON of Texas. tery on January 25. 2008. George was award- WESTMINSTER KENNEL CLUB Madam Speaker, I would like to bring to the ed a Purple Heart and the Army Service Rib- DOG SHOW attention of my colleagues the contributions of bon for his courageous service. These awards a great public servant, Cathy Travis, on the depict the greatness of this fine soldier and HON. MICHAEL C. BURGESS occasion of her retirement from the staff of symbolize the sincere gratitude of this country. OLOMON RTIZ OF TEXAS Congressman S O and the House Moreover, George’s life has inspired the lives of Representatives. On January 1, 2008, after IN THE HOUSE OF REPRESENTATIVES of others and has united a community. This more than 25 years on the Hill, Cathy retired soldier, father, and husband shall he remem- Wednesday, February 13, 2008 from her position as the senior advisor to Con- bered for his caring, altruistic life. Mr. BURGESS. Madam Speaker, I rise gressman ORTIZ. Held closest to George’s heart is the love today to recognize the achievements of Ch. Through her dedication and diligence, Cathy and support of his wife. and partner, Kristen, Pinecrest Orchard Hill Rock the Boat at the also enabled me to maximize my efficiency as and his two young children, Niya, Raiden, and Westminster Kennel Club Dog Show. Rock the the chairwoman of the Texas Democratic con- his yet to be born child. His dream and Boat, better known as Rocky, earned the gressional delegation. For that, I am grateful. lifework was his family, and he fought to offer ‘‘Best-in-Breed’’ title among the Cavalier King A native of Jonesboro, Arkansas, Cathy them a life filled with limitless opportunity. In Charles Spaniels on Tuesday, February 12, graduated from Arkansas State University with the future, his family will experience the dream 2008, for the second consecutive year. a bachelor’s degree in public relations and an their father has waiting for them.

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2168 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 February 13, 2008 Madam Speaker, I know that I speak for the lege and may encourage other Smithsonian not the time for the Federal Government to whole House in extending our deepest sym- entities to structure their exhibits to fit the But- turn its back. In addition to the broader eco- pathies to PFC George Howell’s family. While terfly Pavilion model. nomic stimulus package that we have ap- we praise his service and sacrifice for his Legislation, therefore, has become nec- proved, it is urgent that we provide States with country, we must never forget the deep per- essary and urgent as the Butterfly Pavilion is resources to meet growing healthcare de- sonal tragedy of a wife losing her husband set to open on February 14, 2008. Although mands. and of children losing their father. They are all the Smithsonian has previously charged fees In 2003, during the last economic downturn, great American heroes who deserve this Na- for films and shows, such as IMAX films, the the Federal Government provided fiscal relief tion’s recognition, gratitude, and support. National Air and Space Museum’s Plane- to States by increasing Federal Medicaid pay- f tarium, and the National Zoo’s Christmas Light ments during five quarters. The increased special, the Butterfly Pavilion marks the first Federal Medicaid payments helped States IN COMMEMORATION OF THE DAY time admission fees are charged for a perma- meet increased demand for Medicaid cov- OF REMEMBRANCE nent exhibit. erage and successfully fought off many addi- The Smithsonian Institution had an esti- tional and more extensive reductions in HON. HILDA L. SOLIS mated 24.2 million visitors in 2007. The huge healthcare for poor children, the disabled, OF CALIFORNIA number of visitors who come to the pregnant women and the elderly who depend IN THE HOUSE OF REPRESENTATIVES Smithsonian’s 17 museums and art galleries on Medicaid health coverage. If the economic shows that there are untapped sources of rev- Wednesday, February 13, 2008 downturn continues, States will once again be enue from appreciative Americans and others forced to deny people Medicaid coverage and Ms. SOLIS. Madam Speaker, I rise today to if the Smithsonian had a first-rate private fund- or reduce Medicaid payments to healthcare pay tribute to the 66th anniversary of the Na- raising effort similar to that of the great muse- providers unless some relief is provided. tional ‘‘Day of Remembrance.’’ ums in this country and worldwide. Our pre- If we do not act, the decreased ability to I am proud to be a member of the Congres- viously introduced bill, H.R. 4098, The Smith- provide health care could mean even more job sional Asian Pacific Islander American Caucus sonian Modernization Act of 2007, addresses losses, further exacerbating the economy. Ac- and to represent a large number of individuals the Smithsonian’s shallow fundraising capacity cording to a 2005 study, for every $1 million of Japanese descent in the 32nd District. by restructuring and expanding the Smithso- of State funds invested in Medicaid, 33 new The internment of Japanese Americans dur- nian Board of Regents from a board almost jobs and $1.23 million in new wages are gen- ing World War II is one of our government’s half of whom are public officials to a board erated in a year. In 2003, a Republican Con- most shameful actions. Families were ripped consisting solely of private sector citizens with gress and President agreed to the temporary from their homes and communities, even while greater fundraising capacity and experience. increase in Medicaid payments. It was en- many Japanese citizens served in the U.S. Today the Smithsonian’s traditional free ac- acted through a number of bipartisan votes. armed forces in World War II. cess to exhibits is under attack, chiefly be- We must once again come together to deliver We cannot sit back and allow similar civil cause of the $2 billion dollar infrastructure as we did before. We need to move quickly to and human rights violations unfold before our backlog. However, the fundraising capability of strengthen Medicaid, before the effects of a eyes. We must remember that any oppres- the Smithsonian infrastructure is clear in the slowing economy cause people who need sion, any injustice, any hatred, is a wedge de- recent opening of the National Portrait Gallery, health care to he turned away. signed to attack our civilization. according to Congressional Research Service f We must remember, and more importantly, (CRS) RL 33560, donors contributed funds for we must learn from our past. the new auditorium and roof over the court- HONORING ROB COGORNO f yard. The Smithsonian Modernization Act, not ad- SMITHSONIAN FREE ADMISSION HON. HARRY E. MITCHELL mission fees, provides the most realistic vehi- OF ARIZONA ACT cle to raise funds for the Smithsonian without IN THE HOUSE OF REPRESENTATIVES cost to the government or to the public. The Wednesday, February 13, 2008 HON. ELEANOR HOLMES NORTON Smithsonian has long prided itself on ‘‘free ac- OF THE DISTRICT OF COLUMBIA cess’’ according to the CRS. Admission fees Mr. MITCHELL. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES can bring only a token amount. Admission today to congratulate Rob Cogorno on his 25 years of service to this body. Wednesday, February 13, 2008 fees are not the answer for American taxpayers, who have already paid through the 70 Rob, I am one of the new folks around here, Ms. NORTON. Madam Speaker, today, I in- percent that the Federal Government already but in my relatively brief tenure, I have come troduce the Smithsonian Free Admission Act contributes to this public institution. Federal to appreciate and have great respect for all to reinforce 160 years of consistent Smithso- taxpayers don’t expect to pay again through a the floor staff who keep this place running as nian policy, admitting the public to all perma- admission fee to a federally financed institu- smoothly as possible . . . especially in a room nent exhibits without charge. That policy is tion. filled with wall-to-wall politicians. embodied in the original intent of the founder’s f You’ve been a great quarterback for the gift to the Federal Government that the Smith- floor staff, and I wish you all the best. Thank sonian be established to increase the knowl- INTRODUCTION OF H.R. 5268, TO you for your service. edge of the public. The first bill establishing PROVIDE A TEMPORARY IN- f the Smithsonian, introduced by Senator Wil- CREASE IN FEDERAL MEDICAID liam C. Preston on February 17, 1841, stated ASSISTANCE PERCENTAGE HONORING RETIRING WEST SEN- explicitly that the Smithsonian would ‘‘preserve UNDER THE MEDICAID PROGRAM ECA TOWN COUNCILMAN CHRIS- and exhibit with no fee all’’ works of art and TO STATES TOPHER OSMANSKI science. This intent and tradition was interrupted by the Board of Regents with the cas- HON. JOHN D. DINGELL HON. BRIAN HIGGINS ual comment that this would be the first time OF MICHIGAN OF NEW YORK admission fees would be charged and was IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES done without notice to anyone when the Re- gents voted, on January 29. 2007, to institute Wednesday, February 13, 2008 Wednesday, February 13, 2008 the first fees in the history of the Smithsonian. Mr. DINGELL. Madam Speaker, last week I, Mr. HIGGINS. Madam Speaker, today I rise The Congress and not the Regents should de- with my colleagues Representatives FRANK to honor Christopher Osmanski, retiring coun- cide so basic a policy, especially when it de- PALLONE and PETER KING, introduced H.R. cilman from the great town of West Seneca. parts from longstanding public policy. The ad- 5268, legislation that would provide immediate I have known Chris and his family for many mission fee sets a precedent for future perma- fiscal relief to States through Medicaid. The years and I am proud to honor his dedication nent exhibits and makes it impossible to deny States of our Nation and the healthcare safety to effective public service for the residents of the other Smithsonian entities the same privi- net are simultaneously facing a crisis. This is the Town of West Seneca. Few public officials

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 2169 love their town the way in which Christopher Both Mayor Barnes and Councilor Podlesny initiative, Stan drew many beautiful renderings Osmanski does, and his public acts have al- have both worked for the city for 10 years, of landmark structures in Toledo. When I was ways had the intention of making life in the and Mayor Barnes in fact became the first and elected to office, I commissioned Stan to do a town of West Seneca better for those so fortu- only mayor of Elephant Butte. rendering of historic churches of Toledo. He nate enough to live there. Through their tireless work and dedication, gladly accepted and this framed achievement While Chris’s official service has come to an these individuals have made countless con- always hangs in our Congressional office. end, it is a virtual certainty that he will remain tributions to the community of Elephant Butte. active in local civic affairs. That is a good Their legacy of diligent work includes improv- Though Stan became more fragile with thing, for the town of West Seneca is better ing city parks, developing a waste water sys- years, he never, ever complained. He always for the active public service of individuals like tem, and incorporating the city. Other accom- welcomed a visitor with that same open smile. Christopher Osmanski. plishments include widening and paving city Stan revered the time he witnessed develop- I want to thank you, Madam Speaker, for of- streets, building an addition to the fire departments of downtown Toledo like the Maumee fering me this opportunity to honor the public ment, and numerous other improvements. River Crossing Bridge, the new Ferry Landing, service of retiring Town of West Seneca The progress and growth of Elephant Butte the future Marina District and the Mud Hens. Councilman Christopher Osmanski, and I hope can be attributed to the diligent hard work of He was overjoyed that day to view his home- that you will join me in offering to Mr. these 3 individuals. I know the people of Ele- town, to which he had dedicated his working Osmanski this Congress’s best wishes of good phant Butte have gained many more opportu- years, building forward. fortune and Godspeed in all of his future en- nities and are now able to live better lives be- May God welcome Stan home; a good and deavors. cause of the leadership and hard work of faithful servant. May He shower him royally f Mayor Barnes and Councilors Van Gundy and Podlesny. I want to congratulate each of them with blessings into eternity and bestow upon HONORING W.D. LEWIS FOR for their achievements and wish them the best him a loving peace. ‘‘CITIZEN OF THE YEAR’’ AWARD of luck in their future. f f HON. JEB HENSARLING HONORING STANLEY RONDA, JR. IN REMEMBRANCE OF DR. HARRY OF TEXAS JEFFREY IN THE HOUSE OF REPRESENTATIVES Wednesday, February 13, 2008 HON. MARCY KAPTUR OF OHIO Mr. HENSARLING. Madam Speaker, today I IN THE HOUSE OF REPRESENTATIVES HON. EDWARD R. ROYCE rise to recognize community leader W.D. Wednesday, February 13, 2008 OF CALIFORNIA Lewis for being named ‘‘Citizen of the Year’’ by the Chandler-Brownsboro Chamber of Ms. KAPTUR. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES to recognize Stanley Ronda, Jr., of Toledo, Commerce. Wednesday, February 13, 2008 A veteran of World War II and the Korean Ohio. war, Mr. Lewis occupies his time today volun- It is with the deepest appreciation that I pay Mr. ROYCE. Madam Speaker, I rise today teering in his community. In addition to being tribute to the long life of a good, patient, and to commemorate the 71st anniversary of the an active member of the Kiwanis Club, Mr. kind man, Stanley Ronda, Jr. He lived his birth of Dr. Harry Palmer Jeffrey, Jr. Lewis mentors children at Brownsboro Inter- years in service to his family, friends, and our mediate School and helps the court appointed Toledo community. Coming from the working Dr. Jeffrey obtained his bachelor’s degree at special advocates provide Christmas gifts to class and of Polish-American heritage, he Dartmouth College in 1959, his master’s de- children. Last year, he raised enough money graduated college in architecture in an era gree at Ohio State University in 1961 and his to give Bibles to 192 children. when that was a rare achievement for a family Ph.D. at Columbia University in 1973. Since moving to Brownsboro over two dec- of their means. Stan was a path breaker. In Congress, he worked for Representatives ades ago, Mr. Lewis has been a member of He was always generous with his company, John Heinz, Paul Schenck, William McCulloch Leagueville Baptist Church and the Texas his conversation and his artistic creations. He and Senator John Bricker. He served in the Freshwater Fisheries Center. greeted every person with a broad smile and White House for the Lyndon Johnson and Madam Speaker, on behalf of the Fifth Dis- a laugh. He was an engaging conversationalist Richard Nixon Administrations, and met every and a patient teacher, too. He labored to trict of Texas, I am honored to recognize Mr. President of the United States from Herbert transfer his considerable skills in calligraphy, Lewis for generously offering his time and tal- Hoover to Bill Clinton. ents to serve his community and for being se- architectural drafting, and model building to all lected ‘‘Citizen of the Year.’’ who expressed an interest. Dr. Jeffrey ran for office twice. He won the f For decades, he worked for the City of To- Ohio State GOP primary for the State Legisla- ledo in the Toledo Lucas County Planning ture in 1960, but lost in the general election. CONGRATULATIONS TO THE LEAD- Commissions, from where he retired. I can still And in 1976, he unsuccessfully sought the ERSHIP OF ELEPHANT BUTTE see him bent over his light table in the Huron GOP nomination for California’s 40 District, Building preparing the architectural and sub- which I now serve. division drawings for cases pending before the HON. STEVAN PEARCE He was one of my professors when I was in Commission. He reported to work every day, OF NEW MEXICO college at California State University, Ful- IN THE HOUSE OF REPRESENTATIVES always wearing a white, long-sleeved shirt and held standards of military precision. lerton. He taught U.S. history and we used to Wednesday, February 13, 2008 Once, when we worked together on a debate on many issues, which helped to form Mr. PEARCE. Madam Speaker, I rise today project, we were assigned to field check and my political views. He was also the faculty to recognize the great accomplishments of map all of Monclova Township, Ohio. That is sponsor of my College Republican Club. We leaders of Elephant Butte, New Mexico. Mayor 16,000 acres. Stan and I worked on that for stayed in touch for all these years. In fact just Bob Barnes, Councilor Adrienne Podlesny, days. I hold many precious memories of Stan recently, I visited his class at Soka University. and Councilor John Van Gundy truly care during that laborious effort. Dr. Jeffrey passed away November 4, 2007, about the city of Elephant Butte. Each proudly Stan never asked anything for himself. He and is survived by his wife, Mee-Young, his served since the city was incorporated and are was always creating lovely-original works for son, Robert, his step-daughter, Clara, sisters, so dedicated they worked out of their homes others such as mailings at the holidays or spe- Julie & Susu, and grandchildren, Marieke & until the city had an office. cial occasions. Each was carefully drawn and Lex. Councilor John Van Gundy served on a colored with his signature logo was at the planning board for the first 2 years after the lower left corner—a miniature version of him Please join me in remembering and hon- city was incorporated then became elected to sitting at his drawing table. At Christmas, his oring Dr. Jeffrey for a life spent dedicated to the council and has now served 8 years. logo would wear a tiny Santa hat. On his own his family and community.

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD 2170 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 February 13, 2008 HONORING RETIRING CHEEKTOWA- erage, meaning that Medicare pays less than event in our Nation’s history, we reflect on the GA TOWN SUPERVISOR JAMES J. its fair share for the costs of educating doctors magnitude of his election and the progress JANKOWIAK in these hospitals. In my home State of New that has been achieved since that time. In Jersey alone, teaching hospitals have lost Mayor Hatcher’s honor, as well as in honor of HON. BRIAN HIGGINS about $6.9 million. Carl Stokes, a celebration will be taking place OF NEW YORK The current system stymies these hospitals’ on Saturday, February 23, 2008, at the Gen- IN THE HOUSE OF REPRESENTATIVES ability to train a workforce sufficient to care for esis Convention Center in Gary, Indiana. Richard Gordon Hatcher was born on July Wednesday, February 13, 2008 the growing Medicare population. Despite congressional efforts in 1999 and 10, 1933, in Michigan City, Indiana. Following Mr. HIGGINS. Madam Speaker, I rise today 2001 to make incremental improvements in his graduation from high school, Richard went to honor James J. Jankowiak, who concluded DGME payments, hospitals still receive only on to complete his bachelor of science degree decades of faithful public service by serving 85 percent of the cost of the national average in business and government at Indiana Univer- one year as Supervisor of the most populous that teaching hospitals incur today for oper- sity. Subsequently, he also earned his bach- town in the 27th Congressional District, the ating costs. elor of law and juris doctorate degrees from great town of Cheektowaga. Bringing the effort to fruition, this legislation Valparaiso University. After completing law Jim Jankowiak is, above almost anything requires Medicare to at least pay the average school, Richard relocated to Gary and began else, a man of the people. Jim is a regular guy cost of operating a training program. It would practicing law in East Chicago, Indiana. This who worked hard, loved his family and his increase the DGME payment—for hospitals was the beginning of his remarkable legal ca- community, and did everything he could to whose historical costs are less than the na- reer, which included service as a deputy pros- give back to that community he loved so well. tional average—to 100 percent of the national ecutor for Lake County, Indiana. From there, From his career beginnings in the highway ga- average per resident amount. his political career began when he was elect- rage to his career as the most effective Parks The floor should be increased to the na- ed to the Gary City Council. Then, in 1967, he Commissioner in the history of Erie County tional average so no hospitals receive less was elected mayor of Gary, the office he government, Jim Jankowiak consistently led than Medicare’s fair share of the costs of op- would hold for an astonishing 20 years. by example, and the taxpayers of each re- erating a medical education program. This bill Throughout his political career, Richard was spective jurisdiction within which he served does not affect hospitals whose historical always involved with various commissions and were better for it. costs are above the national average. councils, including: the United States Con- Jim’s service on the local level—first as I have introduced this measure in the inter- ference of Mayors, for which he served as a Chairman of the town’s Democratic Committee est of America’s hospitals, medical students, member of the executive board and as vice and later as a Councilman and finally Super- and the Medicare patients who will one day president and president of the conference, the visor, demonstrates clearly his love for the depend on their doctors to have the highest National League of Cities, the National Con- town in which he lived his life. Where I come level of training and expertise. ference of Black Mayors, for which he was from—in South Buffalo, NY—we like to say As it stands now, hundreds of teaching hos- elected its first president, the National Urban that we’re a community of neighborhoods; pitals are being reimbursed by Medicare at an Coalition, and the National Black Caucus of South Cheektowaga is no different. Differen- inadequate level for their work in training Local Elected Officials, for which he served 4 tiated as it is by parishes or by fire districts, America’s doctors of tomorrow. Too many years as president. He also received Presi- it’s still a collection of neighborhoods, and Jim hospitals, students, and patients are depend- dential appointments to serve on two commis- Jankowiak is, at heart, a kid from the neigh- ing on us to equip teaching hospitals with the sions: the United States Advisory Commission borhood—and he never forgot from whence financing they need to produce a corps of well on Intergovernmental Relations and the United he came. That’s high praise. trained, experienced physicians. States Commission on Education. Richard has Madam Speaker, I ask that you join me in Without it, I am concerned that these also had a great impact on American society honoring and congratulating Jim Jankowiak unsustainable losses are a real threat to the through his involvement with several civil upon the conclusion of his official service to future of this nation’s healthcare infrastructure. rights organizations, both locally and nation- the taxpayers of the town of Cheektowaga. I I urge my colleagues to join me in cospon- ally, including: the National Association for the know that you join me and the rest of our col- soring this legislation to provide a DGME level Advancement of Colored People (NAACP), the leagues in wishing Jim, his wife Donna and that accurately reflects of the actual costs of Urban League of Northwest Indiana, Trans- their entire family the very best of good luck operating physician training programs in the Africa, the National Civil Rights Hall of Fame, and Godspeed in the months and years to 21st century. the Martin Luther King Center for Non-Violent come. f Social Change, and the Operation PUSH/ f Rainbow Coalition. RICHARD HATCHER DIRECT GRADUATE MEDICAL EDU- Throughout his illustrious career, Richard CATION PAYMENTS UNDER THE has been honored time and time again for his MEDICARE PROGRAM HON. PETER J. VISCLOSKY dedication and steadfast efforts in improving OF INDIANA the quality of life for all people. To name a few IN THE HOUSE OF REPRESENTATIVES of his accolades, Richard was honored in HON. BILL PASCRELL, JR. 1974, by Time magazine as one of the ‘‘200 OF NEW JERSEY Wednesday, February 13, 2008 Outstanding Young Leaders in the United IN THE HOUSE OF REPRESENTATIVES Mr. VISCLOSKY. Madam Speaker, it is with States,’’ as well as one of the ‘‘100 Most Influ- Wednesday, February 13, 2008 great honor and pleasure that I stand before ential Black Americans’’ by Ebony magazine. Mr. PASCRELL. Madam Speaker, I rise you today to honor one of northwest Indiana’s He was also awarded the ‘‘President’s Award’’ today to introduce legislation, with my friend most distinguished and honorable citizens. I by the National League of Cities in 1987, the and colleague Congressman RON LEWIS, have known the Honorable Richard Hatcher ‘‘Adam Clayton Powell Award’’ by the Con- which will bring equity to an unjust Medicare for many years, and he is one of the most in- gressional Black Caucus in 1977, the Oper- compensation formula currently used to reim- fluential citizens I have ever known, especially ation PUSH ‘‘Award of Excellence’’ in 1980, burse teaching hospitals. when it comes to the progress he made for and the Roy Wilkens Award from the NAACP Under current law, Medicare uses an anti- residents of northwest Indiana and the entire in 1989. In addition, he has been honored with quated formula to determine payments for United States. Forty years ago, Richard was the ‘‘Urban Leadership Award’’ by the Indiana hospitals with Direct Graduate Medical Edu- elected mayor of Gary, Indiana, and in doing Association of Cities and Towns, the ‘‘Distin- cation, DGME, programs designed to educate so, he, along with the late Carl Stokes of guished Mayor Award’’ by the National Urban and train physicians. The formula, which was Cleveland, Ohio, became the first African Coalition, and the ‘‘Fannie Lou Hamer Free- created in the 1980s no longer serves as an American individuals elected to serve as may- dom Award’’ from the National Conference of accurate reflection of the actual costs of oper- ors of major metropolitan areas. Since this Black Mayors. ating training programs in the 21st century. time, Richard has been a constant fixture in Madam Speaker, through his election as Currently, more than 600 hospitals that train not only Gary, but throughout northwest Indi- mayor of Gary in 1967, Richard Hatcher has physicians are paid less than the national av- ana. Today, as we celebrate this significant been a cornerstone in the building of a better

VerDate Mar 15 2010 13:11 Sep 29, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR08\E13FE8.000 E13FE8 erowe on DSK5CLS3C1PROD with BOUND RECORD February 13, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 2 2171 America. He has continued his efforts toward 9:45 a.m. 2009, for the Department of the Navy, progress through the many ways he has self- Energy and Natural Resources and the future years defense program; lessly given his time and efforts to the people To hold hearings to examine the nomina- with the possibility of a closed session tions of Stanley C. Suboleski, of Vir- of Gary, northwest Indiana, and beyond. At in SR–222 immediately following the ginia, to be an Assistant Secretary of open session. this time, I ask that you and all of my distin- Energy (Fossil Energy), and J. Gregory SH–216 guished colleagues join me in commending Copeland, of Texas, to be General Energy and Natural Resources him, as well as the late Carl Stokes, on their Counsel, both of the Department of En- To hold hearings to examine the impact 40th anniversary of this significant event in our ergy. of increased minimum wages on the Nation’s history, as well as for his lifetime of SD–366 economies of American Samoa and the service and dedication to his community. 10 a.m. Commonwealth of the Northern Mar- Small Business and Entrepreneurship iana Islands. f To hold hearings to examine the Presi- SD–366 dent’s proposed budget request for fis- SENATE COMMITTEE MEETINGS cal year 2009 for the Small Business MARCH 5 Title IV of Senate Resolution 4, Administration. SR–428A 9:30 a.m. agreed to by the Senate on February 4, 2:30 p.m. Armed Services 1977, calls for establishment of a sys- Energy and Natural Resources To hold hearings to examine the defense tem for a computerized schedule of all Public Lands and Forests Subcommittee authorization request for fiscal year meetings and hearings of Senate com- To hold hearings to examine S. 2229, to 2009, for the Department of the Air mittees, subcommittees, joint commit- withdraw certain Federal land in the Force, and the future years defense Wyoming Range from leasing and pro- program. tees, and committees of conference. SH–216 This title requires all such committees vide an opportunity to retire certain leases in the Wyoming Range, S. 2379, to notify the Office of the Senate Daily to authorize the Secretary of the Inte- MARCH 6 Digest—designated by the Rules Com- rior to cancel certain grazing leases on 9:30 a.m. mittee—of the time, place, and purpose land in Cascade-Siskiyou National Armed Services of the meetings, when scheduled, and Monument that are voluntarily waived To hold hearings to examine the defense any cancellations or changes in the by the lessees, to provide for the ex- authorization request for fiscal year meetings as they occur. change of certain Monument land in 2009 for the U.S. Southern and North- As an additional procedure along exchange for private land, to designate ern Command, and the future years de- certain Monument land as wilderness, with the computerization of this infor- fense program. S. 832, to provide for the sale of ap- SH–216 mation, the Office of the Senate Daily proximately 25 acres of public land to Digest will prepare this information for the Turnabout Ranch, Escalante, Utah, MARCH 11 at fair market value, S. 2508 and H.R. printing in the Extensions of Remarks 9:30 a.m. 903, bills to provide for a study of op- section of the CONGRESSIONAL RECORD Armed Services tions for protecting the open space on Monday and Wednesday of each To hold hearings to examine the defense characteristics of certain lands in and week. authorization request for fiscal year adjacent to the Arapaho and Roosevelt 2009 for U.S. Pacific Command and U.S. Meetings scheduled for Thursday, National Forests in Colorado, S. 2601 Forces in Korea, and the future years February 14, 2008 may be found in the and H.R. 1285, bills to require the Sec- defense program. Daily Digest of today’s RECORD. retary of Agriculture to convey to King SH–216 and Kittitas Counties Fire District No. MEETINGS SCHEDULED 51 a certain parcel of real property for MARCH 12 FEBRUARY 21 use as a site for a new Snoqualmie Pass fire and rescue station, H.R. 523, to re- 2:30 p.m. 10 a.m. quire the Secretary of the Interior to Armed Services Judiciary convey certain public land located Emerging Threats and Capabilities Sub- To hold hearings to examine pending ju- wholly or partially within the bound- committee dicial nominations. aries of the Wells Hydroelectric To hold hearings to examine tech- SD–226 Project of Public Utility District No. 1 nologies to combat weapons of mass de- of DouglasCounty, Washington, to the struction. FEBRUARY 26 utility district, and H.R. 838, to provide SD–106 9:30 a.m. for the conveyance of the Bureau of Armed Services Armed Services Land Management parcels known as Readiness and Management Support Sub- To hold hearings to examine the defense the White Acre and Gambel Oak prop- committee authorization request for fiscal year erties and related real property to To hold hearings to examine the defense 2009 for the Department of the Army, Park City, Utah. authorization request for fiscal year and the future years defense program. SD–366 2009, the future years defense program, SH–216 Commerce, Science, and Transportation and military installation, environ- 10 a.m. Space, Aeronautics, and Related Agencies mental, and base closure programs. Energy and Natural Resources Subcommittee SR–232A To hold hearings to examine U.S. oil in- To hold hearings to examine the Presi- ventory policies, focusing on the De- dent’s proposed budget request for fis- MARCH 13 partment of Energy’s Strategic Petro- cal year 2009 for the National Space 2:30 p.m. leum Reserve Project Management Of- and Aeronautics Administration Armed Services fice policies. (NASA). Emerging Threats and Capabilities Sub- SD–366 SR–253 committee Intelligence To hold hearings to examine the defense FEBRUARY 27 Closed business meeting to consider authorization request for fiscal year 9:30 a.m. pending calendar business. 2009 for the Cooperative Threat Reduc- Armed Services SH–219 tion Program and the Proliferation Se- To hold hearings to examine the current curity Initiative at the Department of and future worldwide threats to the na- FEBRUARY 28 Defense, and nuclear nonproliferation tional security of the United States; 9:30 a.m. programs at the National Security Ad- with the possibiliy of a closed session Armed Services ministration, and the future years de- in S–407 following the open session. To hold hearings to examine the defense fense program. SD–106 authorization request for fiscal year SR–222

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